A9. Information, which is provided to the public, should take the form of actual copies of
documents containing the requested information, rather than excerpts or summaries.
A10. If people and communities request information from state and non-state actors, these
actors should respond to the requests.
A11. The state should allow requests for information to take different forms: for example, an
oral request, a written request.
A12. Dissemination of information should not just be in response to a request. The state
should be proactive in disseminating information. Active dissemination may be undertaken
through laws or regulations imposing:
•
•
labelling, monitoring and reporting obligations on public authorities and private entities; and
more rapid information dissemination obligations about imminent or immediate
environmental threats and disasters.
A13. Grounds for refusing to provide information should be as restrictive as possible. If a
request for information is refused, the state or non-state actor should notify the person or
community requesting information about the refusal, and should provide reasons for the refusal
and information about review procedures. Valid reasons for refusing information may include:
•
•
•
•
•
•
the request for information is too general; 190
the environment would be adversely affected by disclosure;
international relations would be adversely affected by disclosure;
national defence would be adversely affected by disclosure;
public security would be adversely affected by disclosure;
the confidentiality of commercial or personal information would be adversely affected by
disclosure.
Public Participation
B1. Anyone and any community should be able to participate in a decision affecting the
environment at any stage of the decision-making process.
B2. Participation in decision-making by individuals and communities, which are particularly
concerned with a decision, should be especially encouraged, and the views which arise from
this participation should be properly considered by decision-makers.
B3. The types of decisions in which people and communities can participate should be broad,
including decisions relating to:
•
•
•
190
environmental plans and policy;
environmental law and regulations; and
specific activities and projects with environmental effects, which are conducted by state as
well as non-state actors.
See Stec and Casey-Lefkowitz, above n 3, 57.
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