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Access to Information on the Environment

Access to Information on the Environment

Bord Na Móna Plc is a public authority for the purposes of the European Communities (Access to Information on the Environment) Regulations 2007-2018 (the “AIE Regulations”).

 

What Can I Ask For?

Under the AIE Regulations you are entitled to request access to information on the environment that is held by or for Bord Na Móna Plc. Environmental Information is defined in the AIE Regulations and determines what is available under the AIE Regulations.

 

What is the definition of Environmental Information?

“Environmental Information” means any information in written, visual, aural, electronic or any other material form on:

  1. the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms and the interaction among these elements;
  2. factors, 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;
  3. measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in paragraphs (a) and (b) as well as measures or activities designed to protect those elements;
  4. reports on the implementation of environmental legislation;
  5. cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in paragraph (c); and
  6. the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures in as much as they are, or may be, affected by the state of the elements of the environment referred to in paragraph (a) or, through those elements, by any of the matters referred to in paragraphs (b) and (c).

The AIE Regulations do not apply to Environmental Information that is required to be made available under any other statutory provision.

Please note that certain environmental information relating to Bord Na Móna Plc is already publicly available through the Environmental Protection Agency’s website www.epa.ie or requests can be made directly to the Environmental Protection Agency.  Similarly, information submitted by Bord Na Móna Plc as part of the planning process is also publicly available through the relevant local authority’s website or An Bord Pleanála’s website www.pleanala.ie  or by contacting the relevant bodies directly.

 

How to make an AIE request to Bord Na Móna Plc?

Write to: AIE Officer, Bord Na Móna Plc, Main Street, Newbridge, Co. Kildare or email: informationofficer@bnm.ie

All requests should:

  • be made in writing or electronic form;
  • state that the request is made under the AIE Regulations;
  • state your name, address and any other relevant contact details;
  • state as specifically as possible, the environmental information that you require; and
  • if you require access to the environmental information in a particular form or manner, specify the form or manner of access desired.

When a request is made to Bord Na Móna Plc under the AIE Regulations and the environmental information requested is not held by Bord Na Móna Plc and Bord Na Móna Plc believes that the information is or may be held by another Public Authority under the AIE Regulations, Bord Na Móna Plc will transfer your requests as soon as possible to the relevant Public Authority under Article 7(6) of the AIE Regulations.  In these circumstances, you will be informed that your request has been transferred.

As provided for under the AIE Regulations, Bord Na Móna Plc will try to respond to your request as soon as possible.  No later than one month after the receipt of your request we will either respond with a decision, notify you of the transfer of your request to another Public Authority or notify you that an extra month is required (as provided under the AIE Regulations) to deal with your request.

 

Do I have to pay?

No fee is charged for making of the request under the AIE Regulations. No fee is charged for the internal review process. However, Bord Na Móna Plc may charge a reasonable fee for supplying environmental information in accordance with the AIE Regulations.

Fees may be charged for the cost of supplying the information, including the staff costs associated with compiling, copying, printing and posting of the information. The charges will only relate to the supply of the information. Details of the charges, if any will be advised in the final decision letter.

 

If I’m denied access to information, can I appeal against the decision?

Yes. You may ask Bord Na Móna Plc for an internal review by a person unconnected with the original decision whose rank is the same as, or higher than that of the original decision-maker. Your request should be made within one month of receipt of notification of the decision. The internal reviewer will inform you of the result of the review within one month.

If you are not satisfied with the outcome of the internal review, you may ask the Commissioner for Environmental Information to review the matter. Your request for appeal must be made within one month of the date that notification of the internal review decision has been, or has required to be, notified to you.

 

Information Point

This website is an information point for the purpose of the AIE Regulations. If you require additional environmental information, you may send an AIE request or contact the information officer as outlined above.

 

Further information

Further general information on the AIE Regulations, including background information on the legislation, useful publications and links to other relevant bodies, is available in the AIE section of the website of the Department of the Environment, Community and Local Government www.environ.ie/en/Environment/AccesstoInformationontheEnvironment and on the Environmental Protection Agency’s website https://www.epa.ie/