AIE Appeal: Keegan Quarries, Duleek, Co Meath

Decision of the Commissioner for Environmental Information on an appeal made under article 12(5) of the European Communities (Access to Information on the Environment) Regulations 2007 to 2018 (the AIE Regulations)

Case: OCE-114531-T3X7W2

Appeal was about

  • whether the information requested by the appellant is “environmental information” within the meaning of the AIE Regulations;
  • if so, whether the Council is entitled to rely on article 7(3) of the Regulations to refuse to provide the appellant with the information in the form or manner requested by him

“The Council’s submissions to this Office were, at best, unclear and made reference to the fact that the information was commercially sensitive”

“It should also be noted that the Council’s communications both to the appellant and to this Office have been sparse and sometimes difficult to comprehend.”

“The appellant argues that the information is “environmental information” within the meaning of the AIE Regulations as “financial conditions on a quarry are an integral part of the environment including as they do; reinstatement bonds, monitoring contributions, upkeep of roads and so forth”.”

“The Council was asked by the Investigator to demonstrate where the information requested by the appellant was available to the public in an easily accessible form or manner and to explain the basis on which it considered that access in an alternative form or manner was reasonable. It did not address either of those questions in detail”

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