A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

The Environmental Information Regulations 1992
S.I. 1992 No. 3240Whereas a draft of these Regulations has been approved by resolution of each House of Parliament in pursuance of paragraph 2(2) of Schedule 2 to the European Communities Act 1972;1Now, therefore, the Secretary of State, being a Minister designated2 for the purposes of subsection (2) of section 2 of that Act in relation to freedom of access to, and the dissemination of, information on the environment held by public authorities or bodies with public responsibilities for the environment and which are under the control of a public authority, in exercise of the powers conferred on him by that subsection and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1. (1) These Regulations may be cited as the Environmental Information Regulations 1992.(2) These Regulations shall come into force on 31st December 1992.(3) These Regulations shall extend to Great Britain only.
Construction of Regulations
2. (1) These Regulations apply to any information which--
a. relates to the environment;3
b. is held by a relevant person in an accessible form and otherwise than for the purposes of any judicial or legislative functions; and
c. is not (apart from these Regulations) either--
i. information which is required, in accordance with any statutory provision, to be provided on request to every person who makes a request; or
ii. information contained in records which are required, in accordance with any statutory provision, to be made available for inspection by every person who wishes to inspect them.
(2) For the purposes of these Regulations information relates to the environment if, and only if, it relates to any of the following, that is to say--
a. the state of any water or air, the state of any flora or fauna, the state of any soil or the state of any natural site or other land;
b. any activities or measures (including activities giving rise to noise or any other nuisance) which adversely affect anything mentioned in sub-paragraph (a) above or are likely adversely to affect anything so mentioned;
c. any activities or administrative or other measures (including any environmental management programmes) which are designed to protect anything so mentioned.

(3) For the purposes of these Regulations the following are relevant persons, that is to say--

____________________
1
1972 c.68.
2
The European Communities (Designation) (No. 2) Order 1992 (S.I. 1992/1711).
3
Case: R v British Coal Corporation ex p. lbstock Building Products Ltd [ 1995] JEL 297.

-671-

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