Public Access to Information

For information on the impact of Brexit on oil and gas environmental legislation, please refer to the pdf document downloadable from the Home Page.

Key Legislation:	EC Directive 2003/4/EC on public access to information The Environmental Information Regulations 2004 The Environmental Information (Scotland) Regulations 2004 The Inspire Regulations 2009 The Inspire (Scotland) Regulations 2009 For more detail on the Legislation relevant to this page, please use the following links: Main UK Legislation Atmospherics Legislation EIA and Public Participation Legislation
Supporting Legislation:	UN Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (Aahrus Convention) EC Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment Data Protection Act 1998 Freedom of Information (FOI) Act 2000 The Freedom of Information (Scotland) Act 2002 The Freedom of Information (Time for Compliance with Request) Regulations 2010
Guidance:	Guidance to the Environmental Information Regulations 2004 published by DEFRA Access to Environmental Information Guidance for Scottish Public Authorities and Interested Parties published by the Scottish Executive Further guidance on all aspects of access to information is available at the Information Commissioners Office Link to ICO website
Supplementary Guidance on the Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020.	These guidance notes, provided by OPRED, outline the changes made by the Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020. The guidance notifies the applicants that copies of documents do not need to be made available to be obtained in person but that copies of the application must be accessible on a public website or supplied by post free of charge or provided electronically where requested, during this period. The modifications will lapse 12 months after the Regulations come into force (5 September 2020).

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What Types of Information are Affected:

Although the EIRs primarily apply to the public sector there are also incidences where the private sector can be affected. Any information provided to regulators or consultees governed by the regulations could be passed on to the public if requested. The definition of environmental information is very broad and covers information which relates to air, water, land, natural sites, flora and fauna (including crops, genetically modified organisms, livestock and biodiversity), built environment, and health.

There is no absolute requirement for public authorities to notify where they are considering releasing information. Where information may be sensitive the authority should consult the originator of the information however the final decision rests with the public authority.

Information which can be Exempted:

The FOI Act sets out an exemption from the right to request information passed to the public authority in confidence, however this cannot be applied to information generated by the public authority themselves, e.g. any internal records. Additionally, information marked ‘confidential’ or containing confidentiality clauses, e.g. in contracts, will no longer be sufficient.

The EIR create a strong presumption in favour of openness, however a public authority can refuse to disclose environmental information where:

An exception to disclosure applies
The public interest in maintaining exception outweighs the public interest in disclosing information
They do not hold the information when the applicant’s request if received
The request for information is completely unreasonable
The request for information is too general
The request relates to material which is unfinished or in the course of being completed
The request involves the disclosure of internal communications

A public authority can also refuse to disclose environmental information if the disclosure would adversely affect:

International relations, defence, national security or public safety
The course of justice
Intellectual property rights
The confidentiality of the proceedings of any public authority
The protection of the environment

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NSTA Consultation on proposed regulations for the retention and disclosure of information and samples

This consultation seeks views from the industry on NSTA proposals for two sets of regulations relating to the retention and to the public disclosure by the NSTA of petroleum-related information and samples pursuant to the Energy Act 2016.