AIE: Whether Coillte was justified, under article 9(1)(d) of the AIE Regulations, in refusing access to records relating to the HydroSed project

Case: OCE-129327-G3R3L5

Appellant submitted a request to Coillte seeking access to: “All environmental records relating to the ongoing HydroSED project to include, but not restricted to:

  1. Methodology
  2. Interim Reports
  3. Preliminary findings
  4. Correspondence
  5. GIS data (in GIS format)

“18. The date for Coillte’s response to the Investigator’s request for submissions was 12 September 2024 and Coillte was subsequently granted a number of extensions. Although Coillte sent a few emails to this Office, indicating that submissions and a revised schedule of records would be provided, no submissions have been received to date and Coillte did not respond to the Investigator’s latest request for an update on 15 November 2024.”

Memorandum of Understanding entered into by the National Parks and Wildlife Service (NPWS)

AIE 110 Decision 2024

Coillte Works adjacent to Vartry River, Wicklow

AIE Request 20240153

“Information related to the construction, reopening, upgrade or maintenance of forest roads, recreation trails or other temporary/permanent roads/trails and their related drainage operations, and surfacing, to and adjacent to sea trout spawning pools on the Vartry River in Devils Glen, Wicklow to include, but not restricted to;

  1. Meetings – internal and external
  2. Environmental Risk Assessment
  3. Ecological Surveys
  4. Screening under Article 6(3) of the Habitats Directive (including discussions in relation to
    the need for an Appropriate Assessment)
  5. Assessment under Article 6(3) of the Habitats Directive
  6. (i) Operational Records, including (ii) environmental monitoring
  7. Date of works
  8. Relevant Correspondence, internal and external – all media
  9. Data collected on the Field Data Collector App.
  10. Complaints and meetings to address the same
    Please consider the period 2022 to date.

OCEI Decision: LM09-FL0050 Post Licence Issue, KY04-FL0075, Knockauncurragh, Co. Kerry – Licence implementation issues, Monthly Monitoring Records Leitrim February 2024, Monthly Monitoring Records Leitrim December 2023

OCE-148308-J1V2C8

Whether the Department was justified in refusing access to monitoring information that may be in the possession of licensees under article 7(5) of the AIE Regulations on the basis that any relevant information is not held for the Department for the purposes of the AIE Regulations.