AIE Request COSEC00294
I refer to the request you made under the European Communities (Access to Information on the Environment) Regulations 2007 to 2018 (S.I. No. 133 of 2007, S.I. No. 662 of 2011, S.I. 615 of 2014 and S.I. No. 309 of 2018) (hereafter referred to as the AIE Regulations) for access to information held by Bord na Móna Plc. relating to any licensed or unlicensed peatland drainage schemes in operation at GPS location 53.63549108874079, -7.914128213534018, Folio No. LD18778F for 2019, 2020 and 2021, to include any Bord na Móna correspondence with local authority environmental staff, the Local Authority Waters Programme (LAWPRO), Environmental Protection Agency (EPA), Inland Fisheries Ireland or other environmental bodies, consultants or other contractors running drainage operations at this location.
Summary of Decision
I have made a decision on your request. No records relevant to your request were located by Bord na Móna plc. I therefore refuse your request.
Insomuch as any records may potentially exist, they would be held by Bord na Móna Energy Limited. It is Bord na Móna Energy’s position that it is not a public authority for the purposes of the AIE Regulations and therefore, the Regulations do not apply to it.
Right of review
Under Article 11 of the AIE Regulations you have a right to request an internal review of this decision. An internal review involves a complete reconsideration of the matter by a member of the staff of Bord na Móna plc, unconnected with the original decision, of the same or higher rank than the original decision-maker, who may affirm, vary or annul the original decision.
If you wish to request an internal review, you can do so in writing to InformationOfficer@bnm.ie, referring to this decision and quoting the AIE reference number. This request must be made within one month of the date of receipt of this decision. The decision of an internal review will be communicated to you within one month of receipt of your request for an internal review.
You can contact me at John.MacNamara@bnm.ie if I can assist you in any matter relating to your request.
Corporate Sustainability Lead
AIE sent for Internal Review 22/12/21 on basis that BnM cannot circumvent environmental reporting obligations by setting up close companies (in this case, Bord na Mona Energy Ltd)