Location: Avondale,Balleese Wood,Ballinacarrig Upper,Ballytrasna,Corballis Lower,Kingston,Rockstown Lower,Ticlash,Timullin, Wicklow
Our Ref: AIE request 20220236
Your Ref: AIE Request: WW12-FL0012
I refer to the request you made, received on 18th July 2022, 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 Coillte relating to Information relating to felling licence application WW12-FL0012 to include inter alia;
- Date of Inspection by Environmental Officer prior to application submission
- Environmental Officers Comments on Water, Soil & Biodiversity
- Notifications / Consultations with local stakeholders
- An estimate of the expected residues and emissions (including carbon loss from soils)
- A description of the significant effects of the proposed activity on the environment;
- A description of the measures envisaged to prevent and/or reduce the effects
- An outline of the main alternatives to clearfell studied by the applicant
- Correspondence related to Coillte licences and the Waters of Life Project on the Avonmore
Summary of Decision
I made a decision on your request on 19/08/2022. Details of my decision on each point of information sought are as follows;
- Date of Inspection by Environmental Officer prior to application submission
We are granting access to this information. Field inspection was carried out on 04.08.2021.
- Environmental Officers Comments on Water, Soil & Biodiversity
As per Article 9(2)(c) access to this information is refused. Article 9(2)(c) of the Regulations provides that a public authority may refuse to make environmental information available where the request concerns material in the course of completion or unfinished documents or data. The Aarhus Guide makes it clear that the words ‘in the course of completion’ suggest that the term refers to individual documents that are actively being worked on by the public authority. ‘In the course of completion’ suggests that the document will have more work done on it within some reasonable timeframe. Furthermore, the Minister’s guidance explains; “Public authorities are not obliged to make available material that is incomplete or in preliminary or other draft form”. The above is further exemplified by decisions of the Commissioner in Mr X and Wicklow County Council and Association Y and Cork City Council.
To explain, Coillte’s site assessment comments are recorded on the data collector app with associated mapped features and uploaded to Coillte’s information system. Each felling licence footprint is spatially reviewed on an individual basis by ecologists where comments from the field help to influence the compilation of the NIS (Natura Impact Statements). The NIS for this felling licence application is currently being compiled and will be available for public viewing when published by DAFM. As per Article 9(2)(c) access to this information is refused on the same basis as point three. This information is currently being compiled and will be publicly available once the completed NIS is published by DAFM via the felling licence viewer.
- Notifications / consultations with local stakeholders
This information is not currently available, thus, as per Article 9(5) of the Regulations it is our duty to inform you of this. DAFM send details of the felling licence application to the statutory bodies including NPWS, County Councils, Fisheries, etc. and those consultations will be available to view on the DAFM felling license viewer in due course. Coillte consults with stakeholders on our felling plans via the public map-viewer. Further local consultation will take place where required prior to commencement of operations.
- An estimate of the expected residues and emissions (including carbon loss from soils).
This information is not available, thus as per Article 9(5) of the Regulations it is our duty to inform you of this. In terms of emissions (including carbon loss from soils), emissions for individual harvesting sites are not estimated.
- A description of the significant effects of the proposed activity on the environment.
As per Article 9(2)(c) access to this information is refused on the same basis as point three. To explain, potential effects of the proposed activity will be assessed in the NIS which is currently being compiled and will be available to view on the Forestry Licence Viewer in due course.
- A description of the measures envisaged to prevent and/or reduce the effects
As per Article 9(2)(c) access to this information is refused on the same basis as point three. To explain, any potential mitigations will be recorded in the NIS which is currently being compiled and will be available to view on Forestry Licence Viewer in due course.
- An outline of the main alternatives to clearfell studied by the applicant
This information is not available, thus as per Article 9(5) of the Regulations it is our duty to inform you of this.
- Correspondence related to Coillte licences and the Waters of Life Project on the Avonmore
This information does not currently exist.
Public Interest Test (Article 10(3))
Furthermore, in accordance with Article 10(3) and 10(4), I have weighed the public interest served by disclosure against the interest served by refusal of your request under Article 9(2)(c). I have determined that the public interest would not be served by disclosing the information you request.
In Stichting Natuur en Milieu & Oes v College voor de toelating van gewasbeschermingsmiddelen en biociden the CJEU held; ‘Article 4 of the AIE Directive must be interpreted as meaning that the balancing exercise it prescribes between the public interest served by the disclosure of environmental information and the specific interest served by a refusal to disclose must be carried out in each individual case submitted to the competent authorities.
In M50 Skip Hire & Recycling Limited v Commissioner for Environmental Information, Mr Justice Heslin acknowledged that while it was noteworthy that no definition of ‘public interest’ is contained in either the AIE Regulations or in the AIE Directive, it was clear from the terms of Article 10(3) that a public authority enjoys a discretion insofar as weighing up, in each individual case, the public interest served by a disclosure against the interest served by refusal to disclose environmental information.
Considering the above, it is within Coillte’s discretion to weigh up the public interest served by disclosing the information sought with the grounds for refusal, namely the fact that it would involve the release of material currently in the course of completion. While the public has a right to access information on the workings of public bodies and accountability of decision making, in this case the arguments against release far outweigh those in favour. Release of material currently in the course of completion would not be in the public interest as the material is uncompleted and is actively being worked on by Coillte.
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 Coillte, 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 by writing to:
Company Secretary
Coillte
Dublin Road