PCAS Risk Register (Bord na Mona peatland rehabilitation)

Released under a request under the AIE Regulations for an internal review of the decision to partially refuse access to records under AIE 043-2022


  1. Illegal (including established) turf cutting associated with areas to be rehabbed. Control measures to mitigate this risk are redacted
  2. Legal challenge to Regulatory Approvals. Control measures are a) Obtain legal advice to confirm that EDRRS is in full compliance with P&D Act 2000 and the EU (Birds and habitats) Regs 2011, the Strategic Environmental Assessment (SEA) Directive, b) Prepare robust legal argument for planning exemption and ensure compliance with requirements outlined; c) Robust Community Engagement and Stakeholder management to address concerns and remove motivation for challenge. d) Appoint planning consultants to prepare report for each bog. e) NPWS and DECC to discuss outcomes of Commission queries re EIA
  3. The area of the scheme reduces below the 32,779 hectares as set out in the Regulatory control document. Control measures are, a) Where potential future development/ infrastructure and surrouding buffer zone is identified as a constraint area in the rehab plans which will not be included in EDRRS then BnM will ensure that alternative land is identified to ensure that the scheme does not fall below the 32,779 hectares as per the Regulatory Control document. b) Proactive engagement by BnM land and Habitats with other BnM Business Units to in relation to constrained areas and buffers at an early stage; c) Inclusion of additional peatlands in EDRRs scheme (originally excluded for ongoing peat production) to replace potential loss of lands due to other projects; d) Early identification of areas for rehabilitation on an annual basis – 9 to 12 months in advance of rehab commencement.
  4. Discharge of peat into waterways due flooding events.
  5. Lack of compliance with EUROPEAN COMMUNITIES (ACCESS TO INFORMATION ON THE ENVIRONMENT) REGULATIONS 2007 2014 , in particular Article 5
  6. Negative impacts on drainage in neighbouring lands with risk of third party flooding being blamed on rehab measures. Note: Where pumps are to be retained – they are to be maintained
  7. Damage to EDRRS rehabilitation work and due to other developments undertaken on the same site which would negatively impact the projected outcomes of the EDRRS work
  8. Delays to Approval process for work within SACs, SPAs or NHAs
  9. Delay incurred due to the complexity of assessing and approving EDRRS rehab plans on sites where there are other complex infrastructure works at design, construction or operational stage e.g. windfarms , solar farms. The difficulty of assessing the likely impact of one project on the other as regards the intended outcomes re EDRRS

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