Draft Bill relating to the right to environmental information

Date: 18/04/2007 | Ministry of Climate and Environment

Chapter 1. General provisions

§ 1 Purpose

The purpose of this Act is to ensure that every individual has easy access to environmental information for the sake of the individual, the environment and the possibility of participating in public decision-making processes.

§ 2 Relationship to other legislation

This Act does not restrict the right to information under the Freedom of Information Act, the Public Administration Act or other legislation.

For the right to request information about product properties that cause damage to health or environmental disturbance, Act No. 79 of 11 June 1976 relating to the control of products and consumer services (Product Control Act) also applies.

The right to environmental information applies subject to the restrictions laid down in the Copyright Act.

The Act does not apply to information in cases dealt with under the legislation relating to the administration of justice.

§ 3 Geographical scope of the Act

The Act also applies to Svalbard and Jan Mayen.

§ 4 Environmental information

Environmental information means information, in whatever form, on

a) the environment

b) projects, activities or products that affect or may affect the environment, and

c) plans, analyses and calculations relating to factors that affect or may affect the natural environment.

Environmental information also means information about the state of human health and safety, conditions of human life, cultural sites and cultural environments to the extent these are affected or may be affected by factors referred to in the first paragraph.

The natural environment means in particular the atmosphere, air, water, soil, natural resources, landscape, natural sites, biological diversity and its components and the interaction among these elements.

Minority proposal from committee members Flåthen, Fredriksen, Hugo-Sørensen, Lindseth and Storelv: § 4, first paragraph, b) should read:

b) projects, activities and products that affect or are likely to affect the natural environment, and

Minority proposal from committee member Hallingstad: § 4 should read:

Environmental information means information, in whatever form, about

a) the environment,

b) projects, activities and products that affect or may affect the environment, and

c) plans, analyses and calculations relating to factors that affect or may affect the environment.

Environmental information also means information about the state of human health and safety, and conditions of human life to the extent these are affected or may be affected by factors referred to above in the first paragraph.

The environment means the natural environment, in particular the atmosphere, air, water, soil, natural resources, landscape, natural sites, biological diversity and its components and the interaction among these elements, and the cultural heritage and cultural environments.

§ 5 The responsibility of the public authorities to possess and provide environmental information

Public authorities shall within the scope of their authority be in possession of information about the natural environment.

The environmental information that public authorities possess according to the first paragraph shall be made available and disseminated to the public.

§ 6 The right to participate in decision-making processes in the preparation of regulations, plans and programmes

In connection with the preparation of regulations, plans and programmes that have or may have a significant impact on the environment, public authorities shall implement measures to promote the public’s right to participate in the decision-making process.

Public authorities shall give the public the opportunity to comment. This shall be done at stages and within time frames that give the public a real possibility of influencing the decisions. In this connection, the public shall be given necessary information about the work in progress.

Any person may request information about how far the work has progressed, and what opportunities there are for public participation in the decision-making process.

An account shall be given in the final document of how the requirements of this provision have been met and how comments received have been evaluated.

Minority proposal from committee members Anders, Foss, Lindahl and Vevatne: § 6, first paragraph, should read:

Minority proposal from committee members Foss and Vevatne: § 6b should read:

§ 6b The right to participate in decisions on activities that affect or may affect the environment

Public authorities shall provide opportunities so that any person may participate at an early stage in decisions about activities that affect or may affect the environment. This shall take place at a time when all options are open and effective public participation may take place.

The public authorities shall ensure that the public is informed about the case and the decision-making procedure either by public notice or in some other appropriate manner. Those members of the public to whom the case is particularly important shall be notified directly. The public shall be informed of

a) the main facts of the case,

b) the public authority responsible,

c) the envisaged procedure, including the time and venue of any public hearing,

d) the available information, including information about alternative decisions that may be taken, or any draft decisions and where this information can be obtained; the information shall be provided free of charge,

e) how to submit oral or written comments, and

f) the time schedule for transmittal of comments; reasonable time frames shall be set for the public to submit comments.

Public authorities shall, when appropriate, also implement further measures to provide opportunities for the public to submit comments.

If a draft decision has been made known to the parties involved in a case, it shall also be communicated to those members of the public who have submitted comments.

The decision, and the reasons for it, shall be published. It shall be clear from the reasons given how the submitted comments and opinions have been assessed and how they have affected the decision. This particularly applies to the choice of alternative in the final decision and the terms set to mitigate any harmful effects of the decision, etc.

The King may issue further regulations relating to the implementation of the right to public participation in decisions on activities that have or may have a significant impact on the environment.

Chapter 2. The right to request environmental information from public and private actors

§ 7 The right to request environmental information from public and private actors

Any person who requests environmental information from public or private actors on aspects of the actor’s activities that have or may have a significant impact on the environment shall be provided with this information.

The actor may refuse to disclose environmental information if the request is formulated in too general a manner or is manifestly unreasonable. Disclosure of environmental information may also be refused if protection of the information is important for competitive reasons, or for environmental reasons.

Information as is referred to in § 15 shall always be disclosed.

§ 8 Duty of actors to be in possession of information about environmental conditions relating to their activities

Every actor has a duty to be in possession of information about the aspects of the actor’s activities referred to in section 7.

§ 9 How information shall be provided

Any person who receives a request for environmental information may disclose the information in the form regarded as appropriate by the applicant. The information shall not be misleading in relation to the information requested. If the information is already generally accessible in public registers, reports, product marking etc., the applicant may be referred to these.

Several actors may jointly fulfil the duty to provide information. In this case, the actor has a duty to notify applicants about where the environmental information may be obtained.

§ 10 Time limits, refusals and grounds for refusal

A request for environmental information shall be decided on and the information disclosed as soon as possible and at the latest one month after the request was received.

If the volume or nature of the information makes it disproportionately burdensome to make it available within one month, it shall be made available at the latest within two months. Notification shall be given as soon as possible of the reason for the extension and when a decision can be expected.

If the request is refused, reference shall be made to the provision on which the refusal is based.

Chapter 3. Right to request environmental information held by and for public authorities

§ 11 Public authorities

The rules in this chapter apply to public authorities, which includes

a) any administrative agency as defined in section 1 of the Public Administration Act,

b) legal persons under the control of an agency that comes within the scope of a), and that perform public functions or offer public services, except activities conducted in competition with private actors. Public supervision exists when the agency that falls within the scope of a) appoints more than half the members of the legal person’s governing bodies or otherwise has a determinative influence over the legal person, and

c) the Office of the Auditor General and the Parliamentary Ombudsman.

The rules in this Chapter also apply to legal persons who under the terms of an Act or regulations, or on commission from bodies that fall within the scope of the first paragraph, are responsible for performing public functions and providing services to the public that have or may have a significant impact on the environment. However, this only applies to information related to these functions or services.

Minority proposal from committee members Andersen, Foss, Lindahl and Vevatne: section 11, second paragraph should read:

§ 12 Right to request environmental information held by and for public authorities

Environmental information held by and for public authorities is public information, unless the information is exempt or may be exempted pursuant to this Act.

Any person may request environmental information from any public authority from which the information is available.

Environmental information is available from a public authority when it

a) is held by the public authority itself, or

b) is held by a natural or legal person on behalf of the public authority.

If the information is not available from the public authority to which the request is addressed, the public authority shall as promptly as possible

a) transfer the request to the public authority which is believed to hold the information and at the same time inform the applicant accordingly, or

b) inform the applicant of which public authorities are believed to hold the information.

§ 13 Basis for refusing to disclose environmental information

A public authority may refuse to disclose environmental information if

a) there is a real and relevant need for this in a specific case,

b) the information, or the document containing the information, falls under the exemptions in the Freedom of Information Act, and

c) the provisions in section 14-16 do not require the information to be disclosed.

§ 14 Weighing of interests

When assessing whether the disclosure of environmental information shall be refused pursuant to section 13, the public authority shall weigh the environmental and public interests served by disclosing the information against the interest served by a refusal. If the environmental and public interests outweigh the latter interest, the information shall be disclosed unimpeded by a statutory duty of secrecy.

§ 15 Information that shall always be disclosed

Information about the following shall always be disclosed:

a) environmental pollution that results in damage to health or environmental disturbance,

b) product properties that result in damage to health and environmental disturbance, and if necessary an explanation of what causes them,

c) precautions to prevent or reduce damage to health and environmental disturbance caused by products or pollution, and

d) illegal intervention in or illegal damage to the natural environment.

§ 16 Some of the information shall be disclosed

If disclosure of some of the information may be refused, the remaining information shall be disclosed unless it cannot be separated out from the information refused.

§ 17 Submission of request for environmental information

A request for environmental information may be submitted in oral, written or other appropriate form.

The request may be refused if there is not sufficient basis to identify the information requested.

Before a request is refused on these grounds, the applicant shall to a reasonable extent be given guidance so that the request may be formulated in such a way that it can be dealt with.

§ 18 How information shall be supplied

Any person requesting information in a certain form shall receive it in the form requested unless

a) the information is already available in another form that is easily accessible, or

b) it is reasonable for the public authority to make it available in another form. In this case, reasons shall be given as to why the information is being supplied in this form. The reasons shall be given at the same time as the information is supplied.

§ 19 Time limits

When a request for environmental information has been received, a decision shall be taken and the information made available as soon as possible and at the latest within ten days of receiving the request.

If the volume or nature of the information makes it disproportionately burdensome to make it available within ten days, it shall be made available at the latest within two months. Notification shall be given of the reason for the extension and when a decision can be expected as soon as possible and at the latest within ten days.

Minority proposal from committee members Andersen, Foss, Lindahl and Vevatne: § 19 should read:

§ 19 Time limits

When a request for environmental information has been received, a decision shall be taken and the information made available within one to three days and at the latest within eight days of receiving the request.

If the volume or nature of the information makes it disproportionately burdensome to make it available within eight days, it shall be made available at the latest within 45 days. Notification shall be given of the reason for the extension and when a decision can be expected as soon as possible and at the latest within eight days.

§ 20 Refusal and reason for refusal

A refusal to disclose all or some of the information requested shall be given within the time limits referred to in section 19.

A refusal shall be in writing if the request was in writing or if the applicant so requests.

The reasons for a refusal shall be given. In all cases, reference shall be made to the provision on which the refusal is based and information given on the right of appeal and the time limit for lodging an appeal.

The applicant may request a more detailed explanation of the grounds on which the refusal was based within three weeks. The explanation shall be given as soon as possible and at the latest within ten days of receiving the request.

§ 21 Duty of identification and justification in relation to the confidentiality of commercial and industrial information

If a request for environmental information makes it necessary to consider the information in the context of the confidentiality of commercial and industrial information, the public authority can require the natural or legal person to whom the information refers to indicate which information it is important for competitive reasons to keep secret and to give the reasons justifying this.

§ 22 Administrative procedure when weighing interests in relation to information subject to a statutory duty of secrecy

Before information subject to a statutory duty of secrecy is disclosed pursuant to section 14, the natural or legal person to whom the information refers shall be given the opportunity to express an opinion.

The public authority shall set a time limit for the reply. In setting the time limit, both the natural or legal person to whom the information refers and the public’s right to have environmental information made available as soon as possible shall be taken into consideration.

If the public authority wishes to disclose information that is subject to a statutory duty of secrecy, the natural or legal person to whom the information refers shall be notified. The decision may be appealed according to the rules in section 23. The appeal has suspensive effect.

Chapter 4. Joint provisions on appeal and payment

§ 23 Appeal

A refusal to disclose requested environmental information according to sections 7 and 12 may be appealed.

For appeals against refusals to disclose requested environmental information according to section 7, provisions laid down or approved by the King apply.

The provisions of the Freedom of Information Act concerning appeals apply insofar as they are appropriate to appeals against refusals by public authorities to disclose environmental information.

For appeals against refusals to disclose requested environmental information from public authorities to which section 11, first paragraph b) or second paragraph apply, the appellate instance is the administrative agency that

a) supervises the public authority,

b) has commissioned the public authority or supervises the authority that has commissioned the public authority, or

c) has adopted the regulations or is responsible for the Act pursuant to which the legal person offers the service.

§ 23 Right to charge for environmental information

No charge may be made for supplying environmental information unless provided in the second paragraph.

A charge may be made if the information request involves substantial processing or collating of information for the person to whom the request is addressed and the information is also available to the applicant in another form. The charge shall not exceed the costs of obtaining the information.

The charge according to the second paragraph shall be based on an available schedule of such charges and terms under which a charge may be levied.

Regulations pursuant to section 8 of the Freedom of Information Act shall also apply with regard to the disclosure of information pursuant to this Act.

Chapter 5. Entry into force and amendments to other Acts

§ 25 Entry into force

This Act enters into force …

§ 26 Amendments to other Acts

1. In the Act of 11 June 1976 No. 79 relating to the control of products and consumer services (Product Control Act), sections 3b and 3c shall read:

§ 3b Right of the public to request information

Any person who requests information about the following shall be provided with this information. This includes information about

a) whether the product contains components or has properties that may cause such effects as are mentioned in section 1,

b) which components or properties these are,

c) how the product must be handled so as to prevent such effects as are mentioned in § 1,

d) significant damage to health or environmental disturbance caused by the production and distribution of the product, if this information is available, and

e) the name of the manufacturer or importer of the product.

The information according to the first paragraph may be requested from any person who manufactures, imports, processes, places on the market or uses the product.

When a request for information has been received about significant damage to health or environmental disturbance caused by the production or distribution of a product, an enquiry shall be directed to the previous stage in the chain of distribution if this is necessary in order to answer the request.

Actors may refuse to disclose information according to the first paragraph if the request is formulated in too general a manner or is manifestly unreasonable. Disclosure of environmental information may also be refused if protection of the information is important for competitive reasons or for environmental reasons.

Information as is referred to in § 15 shall always be disclosed.

For requirements under this provision, the rules in sections 9, 10 and 24 of the Act relating to environmental information concerning requirements as to how information shall be supplied, time limits, refusals and grounds for refusal and the right to impose a charge.

For appeals against refusals to make information available, rules laid down by or approved by the King apply.

Committee members Flåthen, Fredriksen, Hugo Sørensen, Lindseth, Meinich and Stueflaten do not support the introduction of litra d in the first paragraph and therefore does not support the third paragraph either.

§ 3 c Duty to provide information

Any person who manufactures, imports, processes or places products on the market shall provide information to which § 3b applies to the following stage in the chain of distribution.

2. In the Planning and Building Act of 14 June 1985 No. 77, sections 33-13 shall read:

§ 33-13 Right to participate in decision-making processes related to reconsidering and updating of licences and permits

When a licence or permit for projects or activities that may have a significant impact on the environment, natural resources or the community is to be reconsidered or updated, a public consultation shall be conducted. Such a consultation shall be conducted well before any decision is taken. The consultation process must be conducted in such a way as to ensure that the public, including groups affected by and having an interest in the decision, have access to relevant information and have a real opportunity to submit their views and comments on the matter.

The public authority responsible for making the decision may grant exemptions from the first paragraph in cases concerning minor alterations to the licence or permit.

The King will issue regulations concerning the specific conduct of the public consultation.

3. In the Act of 2 April 1992 No. 38 relating to the production and use of genetically modified organisms (Gene Technology Act), section 13 shall read:

§ 13 Public consultation

In cases where approval is required under the present Act, a public consultation shall be conducted. Such consultation shall take place in good time before a decision on the case is made. The consultation process must be conducted in such a way as to ensure that the public, including groups affected by and having an interest in the decision, have access to relevant information and have a real opportunity to submit their views and comments on the matter.

4. In the Act of 19 June 1970 No. 69 relating to public access to documents in the public administration (Freedom of Information Act), section 1, fifth paragraph shall read:

For the right to request environmental information, the Act of (…) relating to the right to environmental information also applies.

Minority proposal from committee members Fredriksen, Hugo-Sørensen and Lindseth: the following amendments are proposed:

1. Section 2, second paragraph of the Act relating to environmental information should read:

For the right to request information about product effects (or properties) that cause damage to health or environmental disturbance, the Act of 11 June 1976 No. 79 relating to the control of products and consumer services (Product Control Act) applies.

2. Section 12, first paragraph, of the Act relating to the right to environmental information should read:

Environmental information held by public authorities is public information, unless it is exempted or may be exempted pursuant to the present Act, or the Product Control Act, in respect of environmental information about products.

3. Section 15 of the Act relating to the right to environmental information should read:

Information about the following shall always be disclosed:

a) emissions that cause damage to health or environmental disturbance,

b) precautions to prevent or reduce damage to health or environmental disturbance due to emissions, and

c) illegal intervention or illegal damage to the environment.

4. Section 3b, fourth paragraph, of the Product Control Act should read:

5. Section 1, fifth paragraph, of the Product Control Act should read:

When assessing whether the disclosure of environmental information shall be refused pursuant to the provision above, the environmental and public interests served by disclosing the information shall be weighed against the interest served by a refusal. If the environmental and public interests outweigh the latter interest, the information shall be disclosed unimpeded by a statutory duty of secrecy.

6. Section 11a of the Product Control Act should read:

§ 11a Information that shall always be disclosed

Information about

a) the effects of the product as mentioned in section 1, and when necessary an explanation of the causes of such effects, and

b) precautions to prevent or reduce the effects as mentioned in section 1 shall always be made available.