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APPLICATIONS FOR ENVIRONMENTAL INFORMATION

Law 27/2006, of July 18, regulating the rights of access to information, public participation and access to justice in environmental matters has as its fundamental objective, to guarantee the right of the public to access The environmental information available to the public authorities. To this end, access to environmental information is understood through two aspects: on the one hand, Law 27/2006 provides for the obligation of Administrations to disseminate environmental information and make it available to the public, particularly through Information technologies and telecommunications; And on the other, the Law regulates the specific administrative procedure to resolve requests for environmental information submitted by any person, whether physical or legal, associations, organizations and groups constituted in accordance with the regulations that apply to them.

In the first case, through the web page of the Hydrographic Confederation of the Segura can access a large amount of environmental information that this body has or generates. On the other hand, and for the case where it is necessary to request environmental information from this Agency, the following is a list of relevant information about this procedure:

What information can I request as environmental information?

Section 3 of article 2 of Law 27/2006, of July 28, defines environmental information as:

  1. The status of elements of the environment, such as air and atmosphere, water, soil, land, landscapes and natural areas, including wetlands and marine and coastal areas, biological diversity and its components, including Genetically modified organisms, and the interaction between these elements.
  2. Such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a).
  3. Measures, including administrative measures such as policies, standards, plans, programs, environmental agreements and activities affecting or likely to affect the elements and factors referred to in points (a) and (b), as well as activities or Measures to protect these elements.
  4. Reports on the implementation of environmental legislation.
  5. The cost-benefit analyzes and other economic analyzes and assumptions used in the decision-making relating to the measures and activities referred to in point (c) and
  6. The state of health and safety of persons, including contamination of the food chain, human living conditions, historic, cultural and artistic heritage and buildings, where they are or may be affected by the state Of the elements of the environment referred to in (a) or, through those elements, by any of the extremes referred to in (b) and (c).

 


Common squid (Porphyrio porphyrio). Río Segura. Guardamar, Alicante.

Who can request environmental information?

Any person, physical or legal, as well as their associations, organizations and groups constituted in accordance with the regulations that apply to them.

How can I request environmental information?

In order to request environmental information provided by the Hydrographic Confederation of Segura, either directly or through other subjects who hold it on its behalf, an application addressed to this body must be submitted in any of the means provided in article 38.4 of Law 30 / 1992, dated 26 November, on the Legal Regime of Public Administrations and Common Administrative Procedure.

What is the deadline for the Administration to resolve?

The term to resolve is 1 month from the receipt of the application in the registry of the Segura Hydrographic Confederation. However, if the volume and complexity of the information requested is such that it is impossible to comply with it, the agency may resolve within 2 months of receipt of the request at the registry. In this case, you must inform the applicant within a maximum period of 1 month of this extension and the reasons justifying it.

Who solves a request for environmental information?

Requests addressed to this Confederación Hidrográfica del Segura, will be resolved by the Commissioner of Waters based on paragraph 1 (1) of article 2 of the Resolution of April 24, 2012, of the Segura Hydrographic Confederation, on the delegation of Competencies.

What happens if the Hydrographic Confederation of Segura does not have the environmental information that I request?

When information is requested from this body of which the latter is not aware or does not dispose of it, the request will be forwarded to the public authority that holds it to account for it.

Can access to environmental information be denied?

Only in specific cases, the competent public authorities may deny all or part of the environmental information requested, communicating this end to the applicant with an indication of the reasons and according to the exceptions to the obligation to provide the environmental information provided for in Articles 13 And 14 of Law 27/2006.


Tus river.

Is there any fee for access to environmental information?

The first Additional Provision of Law 27/2006 creates the fee for the provision of environmental information that will be governed by said law and by other regulatory sources that for rates are established in article 9 of Law 8/1989 of 13 Of April, of Rates and Public Prices. Specifically, the delivery of copies of less than 20 pages of DIN A4 format, the sending of the information by telematic means, as well as the provision of information between entities and bodies belonging to the General Administration of the State, and those made to entities and bodies of other public Administrations, except for the entities that make up the Corporate Administration.

Can an act or omission attributable to a public authority regarding access to environmental information and public participation in this field be used?

Yes. The public who considers that an act or omission attributable to a public authority has violated the rights granted to it by Law 27/2006 in the area of ​​information and public participation may bring administrative remedies regulated in Title VII of the Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure, and other applicable regulations and, where applicable, the contentious-administrative appeal according to Law 29/1998, of July 13, regulating Of the Contentious-Administrative Jurisdiction.

Annual statistics of requests for environmental information received:

Due to the very functions carried out by the agency's Water Department, it is this one that has or generates most of the environmental information that the public can access under the terms established in the Law. The following is the annual statistics Of requests for environmental information received at the Unit. The decrease observed is mainly due to the efforts made by the agency to publish the environmental information on its website so that it is accessible to everyone without the need for mediation for its access, a singular request from the public.