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Annual Report 2008 - Text

Public Authorities

Unlike the situation under the Freedom of Information (FOI) Act, the Regulations do not identify the specific public authorities which are subject to the Access to Information on the Environment (AIE) regime. Rather, the Regulations provide a broad definition of what constitutes a public authority; they refer to:

- Government or other public administration bodies (including public advisory bodies) at national, regional or local level;

- any natural or legal person performing public administrative functions under national law and in relation to the environment; and

- any natural or legal person having public responsibilities or functions, or providing public services, relating to the environment under the control of a body or person encompassed by either of the first two categories.

It is worth mentioning that some commercial State bodies not already subject to either the FOI Act or to the Ombudsman Act are covered by these Regulations. Where there is a dispute as to whether a body is a public authority, within the meaning of the Regulations, the person seeking the information has a right of appeal to my Office.

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