140.This section exempts environmental information, which is to be made available under the regulations made under section 74 of the Act.
141.Subsection (1) provides that such information is exempt if the public authority is obliged to release the information requested in accordance with the regulations or would be so obliged but for an exemption under the regulations.
142.Subsection (2) provides that the obligation under section 1(1)(a) to confirm or deny that the requested information is held does not arise if the information is exempt by virtue of subsection (1).
143.Subsection (3) makes it clear that the inclusion of a specific exemption for environmental information available under the regulations does not limit the width of the general exemption contained in section 21(1) (information available by other means).
Commentary on Sections Part II:  Exempt information Section 39: Environmental information