Section 39 exempts environmental information whose disclosure is governed
by the Environmental Information Regulations 2004. The
Environmental Information Regulations 2004 implement an European Directive
and establish a specific regime to enable individuals to access environmental
information, including exemptions from that right of access. The disclosure
of environmental information must be considered under the Environmental
Information Regulations: section 39 therefore exempts this from the rights
of access under the FOI Act.
Key points:
If information is environmental information and is exempt under section
39, public authorities must consider its disclosure under the Environmental
Information Regulations 2004; the Regulations may require the
disclosure of information which would otherwise have been exempt
under the FOI Act.
Section 39 is subject to a public interest balance, but this should not be
considered independently of the operation of the provisions in the Regulations.
