Falkirk Council

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Sunday, October 12th 2008

Environmental Information Regulations

The Environmental Information (Scotland) Regulations 2004 allow people to request environmental information from councils and other public authorities. They operate in a similar way to the Freedom of Information (Scotland) Act 2002 (FOI). If you request environmental information held by the Council it should be provided within 20 working days, unless an allowed "exception" applies.

It is possible to extend the period to 40 working days if the volume and complexity of the information requested makes it impractical to provide it within the original period; if so, we must advise you of this, giving reasons, within the original 20 working day period.

As with FOI, a fee may be charged, and there is a duty to advise and assist applicants. The regulations are enforced by the Scottish Information Commissioner. If you are unhappy with the Council's response to an enquiry or are refused information, you can ask the Council to review its decision. If you are still unhappy with our reply, you can appeal to the Scottish Information Commissioner for a decision.

What is "environmental information"?

The definition of environmental information is very broad and includes information in written, visual, audio taped or database form, it includes:

  • the state of elements of the environment – such air, water, soil, land, landscape and natural sites, flora and fauna, including cattle, crops, genetically modified organisms, wildlife and biological diversity and any interaction between them.
  • the state of human health and safety, conditions of human life, the food chain, cultural sites and built structures, which are, or likely to be affected by the state of the elements of the environment in the preceding paragraph and the interaction between them
  • any factor such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases affecting or likely to affect the state of the elements of environment or any interaction between them
  • measures and activities affecting or likely to affect, or intended to protect the state of the elements of the environment and the interaction between them. This includes administrative measures, policies, legislation, plans, programmes and environmental agreements.
  • emissions, discharges and other releases into the environment
  • cost benefit and other economic analysis used in environmental decision making.

How can I obtain environmental information from Falkirk Council?

We have a lot of information already on this website and we are continually adding to it. Check the list below and the links to other parts of our site or related external sites.

If the information you are looking for is not listed you will have to contact the Council. You can do so by telephone, in person, by letter, fax or email. If you can identify the relevant Council Service through the website and your request is straightforward then you can contact them directly using the contact information on each webpage. If you are unsure of the correct service or it is a more widespread enquiry then contact Development Services.

Requests under the Environmental Information Regulations do not have to be made in a permanent form so unrecorded telephone calls or face to face verbal requests count as a valid request. Such applicants are not specifically required to give their name and address however if a request is made in writing we will need a name and return address in order to get the information requested to the applicant.

Sources and types of information which Councils could be asked to provide Information available on Falkirk Council website
Falkirk Council policies, plans and programmes relating to the environment and any costs benefit and other economic analyses and assumptions used within the framework of these measures and activities.
Progress reports on the implementation of the Council's policies, plans and programmes relating to the environment;
Falkirk Council reports on the state of the environment and on the implementation of environmental legislation
Data or summaries of data derived from the monitoring of activities that affect or are likely to affect the environment
Authorisations with a significant impact on the environment and environmental agreements or the place where such information can be requested or found;
Environmental impact studies and risk assessments concerning the state of the elements of the environment (see above|)
Facts and analyses of facts which the authority considers relevant and important in framing major environmental policy proposals.

Information sources Falkirk Council does not hold include:

Texts of international treaties, conventions or agreements or texts of European, national, regional or local legislation, on or relating to the environment.

Data or summaries of data derived from the monitoring, by other public bodies, of activities that affect or are likely to affect the environment

Links where this information might be found:

Fees and Charges for Environmental Information Environmental Information reports on Contaminated Land will be charged according to the staff time and other resources used to compile them. You will be advised the estimated cost of your enquiry before we proceed with your request.

 

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Contact Us
  • By Post: 
    Environmental Protection
    Abbotsford House
    Davids Loan
    Falkirk
    FK2 7YZ
  • By Telephone:
    01324 504982
  • By Fax:
    01324 504852
  • By Email:
    environmental.info@
    falkirk.gov.uk