European Communities (Access to Information on the Environment) Regulations 2007
S.I. No. 133 of 2007
EUROPEAN COMMUNITIES (ACCESS TO INFORMATION ON THE ENVIRONMENT) REGULATIONS 2007
REVISED
Updated to 1 November 2022
This Revised Statutory Instrument is an administrative consolidation of the European Communities (Access to Information on the Environment) Regulations 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Bretton Woods Agreements (Amendment) Act 2022 (36/2022), enacted 1 November 2022, and all statutory instruments up to and including Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 4) Order 2022 (S.I. No. 550 of 2022), made 2 November 2022, were considered in the preparation of this Revised Statutory Instrument.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
S.I. No. 133 of 2007
EUROPEAN COMMUNITIES (ACCESS TO INFORMATION ON THE ENVIRONMENT) REGULATIONS 2007
REVISED
Updated to 1 November 2022
Introduction
This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.
Related legislation
European Communities (Access to Information on the Environment) Regulations 2007 to 2014: this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one (European Communities (Access to Information on the Environment) (Amendment) Regulations 2014 (S.I. No. 615 of 2014), art. 2)). The instruments in this group are:
• European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007)
• European Communities (Access to Information on the Environment) (Amendment) Regulations 2011 (S.I. No. 662 of 2011)
• European Communities (Access to Information on the Environment) (Amendment) Regulations 2014 (S.I. No. 615 of 2014)
Annotations
This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Data Protection Act 2018 (7/2018)
• Freedom of Information Act 2014 (30/2014)
• Environment (Miscellaneous Provisions) Act 2011 (20/2011)
• Environmental Protection Agency Act 1992 (7/1992)
All Acts up to and including Bretton Woods Agreements (Amendment) Act 2022 (36/2022), enacted 1 November 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020)
• European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018)
• European Communities (Access to Information on the Environment) (Amendment) Regulations 2018 (S.I. No. 309 of 2018)
• Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016)
• Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016)
• Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015)
• European Communities (Access to Information on the Environment) (Amendment) Regulations 2014 (S.I. No. 615 of 2014)
• Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013)
• Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. No. 137 of 2013)
• European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012)
• European Communities (Access to Information on the Environment) (Amendment) Regulations 2011 (S.I. No. 662 of 2011)
• Pollutant Release and Transfer Register Regulations 2011 (S.I. No. 649 of 2011)
• European Communities (Geological Storage of Carbon Dioxide) Regulations 2011 (S.I. No. 575 of 2011)
• European Communities (Marine Strategy Framework) Regulations 2011 (S.I. No. 249 of 2011)
• Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 193 of 2011)
• European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 (S.I. No. 261 of 2010)
All statutory instruments up to and including Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 4) Order 2022 (S.I. No. 550 of 2022), made 2 November 2022, were considered in the preparation of this revision.
S.I. No. 133 of 2007
EUROPEAN COMMUNITIES (ACCESS TO INFORMATION ON THE ENVIRONMENT) REGULATIONS 2007
REVISED
Updated to 1 November 2022
ARRANGEMENT OF REGULATIONS
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1. |
Citation and commencement. |
|
2. |
Transitional provision and revocation. |
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3. |
Interpretation. |
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4. |
Scope. |
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5. |
General duties of public authority. |
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6. |
Request for environmental information. |
|
7. |
Action on request. |
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8. |
Grounds that, subject to article 10, mandate a refusal. |
|
9. |
Discretionary grounds for refusal of information. |
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10. |
Incidental provisions relating to refusal of information. |
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11. |
Internal review of refusal. |
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12. |
Appeal to Commissioner for Environmental Information. |
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13. |
Appeal to High Court on point of law. |
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14. |
Guidelines. |
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15. |
Fees. |
SCHEDULE
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
S.I. No. 133 of 2007
EUROPEAN COMMUNITIES (ACCESS TO INFORMATION ON THE ENVIRONMENT) REGULATIONS 2007
REVISED
Updated to 1 November 2022
Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 3rd April, 2007.
I, DICK ROCHE, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 20031, hereby make the following regulations:
Annotations:
Modifications (not altering text):
C1
References to “Minister” construed (24.09.2020) as references to the Minister for the Environment, Climate and Communications by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), art. 4(b), in effect as per art. 1(2).
4. In any enactment or any instrument made under an enactment—
(a) …
(b) references to the Minister for Communications, Climate Action and Environment shall be construed as references to the Minister for the Environment, Climate and Communications.
C2
Functions originally vested in the Minister for the Environment, Heritage and Local Government by or under this instrument transferred (22.07.2016) to the Minister for Communications, Energy and Natural Resources, and references to “Minister” construed as references to the Minister for Communications, Energy and Natural Resources, by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 2, subject to transitional provisions in arts. 4 to 8, in effect as per art. 1(2). Intervening title of Minister dealt with in E-Notes below.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.
(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.
3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—
(a) …
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Communications, Energy and Natural Resources.
(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.
...
Schedule 2
Article 3(1)(b)
Regulations, functions under which are transferred from the Minister for the Environment, Community and Local Government
to the Minister for Communications, Energy and Natural Resources
...
European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007)
...
Editorial Notes:
E1
Previous affecting provision: title of the Minister for Communications, Energy and Natural Resources altered (23.07.2016) to that of the Minister for Communications, Climate Action and Environment by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), art. 4(b), in effect as per art. 1(2): superseded (24.09.2020) as per C-Note above.
E2
Previous affecting provision: title of the Minister for the Environment, Heritage and Local Government altered (2.05.2011) to that of the Minister for the Environment, Community and Local Government by Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 193 of 2011), art. 4(b), in effect as per art. 1(2): superseded (23.07.2016) as per E-Note above.