The Freedom of access to information on the environment regulations 2005 (FAIER) give people the right to access environmental information from the competent authority. This document will provide an overview of making a request for environmental information. List of questions and links: 1. Can I make a request for environmental information?
Yes. The right is not restricted; any person can request environmental information (this includes organisations as well as individuals). 2. Who can I request environmental information from?
Requests can be made to the Malta Environment and Planning Authority who acts in its own name or on behalf of other public authorities, or on behalf of any natural or legal person performing public administrative functions in relation to the environment. 3. How can I make a request?
Requests for environmental information can be made in writing (hard copy/electronic). The competent authority has a designated enquiry line, e-mail/post address. 4. What happens after I have made a request?
The competent authority has a responsibility to provide 'assistance'. For example, if a request is too general, the competent authority may contact you to try to determine what information is required.
The competent authority has a responsibility to provide 'assistance'. For example, if a request is too general, the competent authority may contact you to try to determine what information is required.
Although authorities have a responsibility to assist you, they have no right to ask why you want the information. However, if you volunteer that information, it may help the competent authority provide the most appropriate information. Even if the authority does know the purpose of your request, they are not able to take this into consideration when determining whether any information cannot be disclosed. 5. How long does the competent authority have to respond to my request?
The competent authority must respond as soon as possible and at the latest within 30 days, except in circumstances where the information requested is particularly complex and voluminous. In such cases the time limit can be extended by a further 30 days. If the time limit is extended, the competent authority must notify you of this delay within 30 days of your initial request, and state when they believe they will be able to respond in full.
The competent authority must respond as soon as possible and at the latest within 30 days, except in circumstances where the information requested is particularly complex and voluminous. In such cases the time limit can be extended by a further 30 days. If the time limit is extended, the competent authority must notify you of this delay within 30 days of your initial request, and state when they believe they will be able to respond in full.
6. Do I have to pay for the information?
The competent/public authority cannot make a charge for allowing you: (a) access to any public registers or lists of environmental information, or (b) to examine the information (at a place chosen by the competent/public authority).
For all other situations, charging is at the discretion of the competent authority (any charge must be reasonable).
There is also a requirement for the competent authority to publish a schedule of charges (for example the price per sheet of photocopying), information on the circumstances in which charges may be made or waived, and where advance payment will be required. 7. Does the competent authority only have a duty to disclose information which it produced?
No. Under the regulations, any environmental information the competent/public authorities hold can potentially be disclosed if requested, it is irrelevant whether that authority produced the information or whether it owns it.
No. Under the regulations, any environmental information the competent/public authorities hold can potentially be disclosed if requested, it is irrelevant whether that authority produced the information or whether it owns it.
8. Is there any reason why I should not receive all the information I requested? There are certain restrictions on the right to access environmental information. These restrictions are applicable to certain categories of information (e.g. national security information). However, even if the information falls within one of the categories, if it is in the public interest for the information to be disclosed, it will be. If the competent authority determines that the information can not be released because it falls within one of these categories and there is a stronger public interest in withholding the information than releasing it, they must inform you of this in writing or electronically and explain their decision (including their reasons why it is in the public interest to withhold the information).
9. What happens if the competent authority does not hold part/all of the information I requested?
When a request for information is received, the first task for the authority is to determine whether it holds the information.
If the competent authority does not hold any of the information requested but believes that another public authority does hold it, it must either:
o request the authority which they are confident holds the information and send you a notice stating that they do not hold the information but they have requested the appropriate authority on your behalf to release the information, or
o if the authority does not know who may hold the information requested, they will simply send you a refusal notice stating that they do not hold the information.
If the competent only holds part of the information, it must provide the information it holds, and either: o request the authority which they are confident holds the remainder of the information and send you a notice stating which information they do not hold and for which information they have requested the appropriate authority on your behalf to release the information, or
o if an authority does not know who may hold the remainder information, they will simply send you a refusal notice stating which information they do not hold.
10. If the competent authority refuses my request or I am dissatisfied with the way in which it has dealt with it, how should I proceed? You should apply to the competent authority's internal review/complaints procedure.
You may apply to the authority's internal review procedure if an authority:
o has refused information, o states they do not hold the information requested, o or any other aspect of the regulations which you feel an authority has not complied with e.g. if they have not supplied the information requested within 30 days and have not provided justification for this, if you think the fee charged is unreasonable etc
If the competent authority does not hold part or all the information requested they must issue a refusal notice. A refusal notice must include: o details of their review/complaints procedure in case you wish to appeal against their decision.
Under the regulations the competent authority has a duty to have an internal review procedure. Therefore, should you believe that the authority holds information that they state they do not, your first action should be to apply for reconsideration through the authority's own internal review procedure. You must apply to a the competent authority in writing within 30 days of receipt of the refusal notice.
If the competent authority informs you that it does not hold the information requested and that another authority/agency holds the information but refuses to disclose it, you may wish to consider your legal rights as contained in the provision of article 469A of Chapter 12 of the Laws of Malta. You should always however seek legal advice in this regard. Alternatively recourse may be made to the Ombudsman. 11. What happens when I have applied to the competent authority's internal review/complaints procedure?
Once the competent authority has received your complaint, as a matter of good practice it will send you an acknowledgment stating when it expects to respond in full. If the authority is not able to meet their expected response date (as stated in the acknowledgment) it shall inform you of this, and explain the reasons for the delay. The authority shall review a decision as soon as possible and in any case within 30 days of receipt of the complaint. If, following the review, the decision is to release information previously withheld, the competent authority should release the information as soon as possible, and at the latest within 30 days of the decision. The review shall be carried out impartially by someone who was not party to the original decision, and who has the authority to reverse/amend the previous outcome where necessary.
The competent authority shall not charge for carrying out an internal review. 12. I have applied to the competent authority's internal review/complaints process but l am still unhappy with their response, how should I proceed?
You can make a request to the audit officer (E-mail) on respect of the authority's handling of a request.
The audit officer will normally only consider your application if you have already exhausted the original authority's internal review/complaints procedure.
You should apply to the audit officer as soon as possible after receipt of the response from the original authority's internal complaints procedure. Where an authority has included details of your right to appeal to the audit officer within this response, the audit officer expects you normally to apply within 6 months of receipt.
The information you should include when applying to the audit officer to review the competent authority's handling of your request is: o a covering letter explaining what you would like the audit officer to assess, o a copy of the initial request, o a copy of the authority's initial response (the 'Refusal Notice') o a copy of the complaint you made to the authority's internal review/complaints procedure, o a copy of the authority's response following reconsideration through the internal review/complaints procedure, o any other information which you think is relevant, o an indication of any particular urgency in your case, and o your own contact details to ensure the audit officer can quickly obtain any further information which is necessary.
13. What does the audit officer do once a complaint has been made?
An acknowledgement will be issued on receipt of a complaint.
Depending on the type of issue the complaint addresses, the audit officer may take different actions. Provided that prior to applying to the audit officer, o you have exhausted the internal complaints procedure of the competent authority, and o there has not been unnecessary delay before applying (i.e. not longer than 6 months from receipt of the competent authority's internal review response),
the audit officer will deal with your complaint unless the application is frivolous/vexatious.
The audit officer will aim to send an initial response within 20 days of receipt of the complaint. The response will outline what steps will be taken and also when he expects to send further written correspondence.
Wherever possible, the audit officer will explore the scope for an informal settlement of the complaint which would be acceptable to the complainant and to the competent authority. Where such a settlement can be achieved - for example through disclosure of part of the requested information - this will be provided.
In certain circumstances and/or where it is not possible to deal with a complaint informally, the audit officer will issue a recommendation for the consideration of the competent authority.
Where a recommendation is issued it is sent to both yourself and the competent authority. The recommendation will state the audit officer's final assessment as to whether or not the authority has complied with the regulations. If the recommendation is to disclose information previously withheld, the recommendation will specify steps to be taken by the competent authority, and a period of time in which it is expected to comply with this recommendation.
14 What if I am not satisfied with the conclusions reached by the audit officer?
Any action of any public authority may be challenged in court under the provisions of Article 469A of Chapter 12 of the Laws of Malta. You should always however seek legal assistance in this regard. Alternatively recourse may be made to the Office of the Ombudsman.