I wish to request the following records under the Access to Information on Environment Regulations;
Correspondence, meeting minutes and details of what observations raised by the submission of the Mid Shannon Wilderness Park Group, were made available to the environmental protection agency as part of the rehabilitation plans for Derryshannoge bog.
Should there be any additional records identified as part of such, I would also like to be provided with a digital formats.
Kind regards
MSWP – Awareness Group
5th December 2023
MSWP Awareness Group By email: midshannonwildernesspark@gmail.com Re: AIE Request COSEC00434
Acknowledgement
I refer to your request 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 or for Bord na Móna Plc. in relation to:
Correspondence, meeting minutes and details of what observations raised by the submission of the Mid Shannon Wilderness Park Group, were made available to the Environmental Protection Agency as part of the rehabilitation plans for Derryshannoge bog.
Your request was received by Bord na Móna Plc. on 29th November 2023. I will be the officer handling your request. A final decision on your request will issue to you as soon as possible or at the latest, not later than one month from the date of receipt of your request, i.e. by 28th December 2023. However, where it is not possible, due to the volume or complexity of the environmental information requested, to make a decision on your request within the above timeline, you will be notified of this extension as soon as possible and at the latest before 28th December 2023.
08 January 2024 MSWP Awareness Group By email: midshannonwildernesspark@gmail.com
Re: AIE Request COSEC00434
I refer to your request dated 3rd January 2024 under Article 11 of 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 an internal review of your request dated 29th November 2023 for the following information held by or for Bord na Móna plc:
Correspondence, meeting minutes and details of what observations raised by the submission of the Mid Shannon Wilderness Park Group, were made available to the Environmental Protection Agency as part of the rehabilitation plans for Derryshannoge bog.
Acknowledgement
Firstly, I wish to apologise for the failure to furnish you with the initial decision within the relevant timeframe, which unfortunately was due to oversight over the Christmas vacation period. Your request for an internal review was received by Bord na Móna plc. on 3rd January 2024. I am the officer handling your internal review. A decision on the internal review will be notified to you, as soon as possible, and at the latest, within one month of receipt of your request. Therefore, you can expect to receive a decision by 2nd February 2024.
However, given the oversight with regard to the initial decision, I will prioritise this internal review and endeavour to furnish you with same as soon as is reasonably practicable.
As you are aware this is a situation where unfortunately an initial decision was not furnished to you due to oversight over the Christmas holidays. In those circumstances you requested an internal review on 3/01/2024, as was your right in accordance with the AIE Regulations, a failure to notify an applicant of a decision being a deemed refusal under Article 10(7).
The internal review decision was furnished to you on 17/01/2024 and you are entitled to bring an appeal against that decision to the OCEI in accordance with Article 12(3) of the Regulations, within a period of 1 month after receipt of the decision. In circumstances where there is a deemed refusal at first instance, there is no provision for a further decision of a public authority beyond the internal review.
I trust this clarifies matters for you.
Regards
—
Sonya Mallon
I refer to your request 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 an internal review access to information held by or for Bord na Móna Plc. in relation to: • Correspondence, meeting minutes and details of what observations raised by the submission of the Mid Shannon Wilderness Park Group, were made available to the Environmental Protection Agency as part of the rehabilitation plans for Derryshannoge bog.
Decision One record the subject of your request exists, the Derryshannoge Bog Cutaway Bog Decommissioning and Rehabilitation Plan 2023, the relevant parts being Section 4 Consultation and in particular, paragraphs 4.2.4, 4.2.5 and 4.2.6 and Appendix XI, Consultation Summaries. This document is publicly available via the following link: Derryshannoge-Rehab-Plan-2023-V8-Final.pdf (bnmpcas.ie).
EPA notes “The licensee shall upload as a licensee return through EDEN Record 3 form(s) for 2023, no later than 31 December 2023.”
Record 3 Form – Record of Movement of Organic Fertilisers, are reported to DAFM, not to EPA, so how is EPA getting access to fertiliser exports from licenced agri operations ?
And are these Record 3s published on LEAP Online ?
In 2011, the EPA changed the reporting requirements for pig/poultry waste
Licensees are required to submit to the Department of Agriculture, Food and the Marine the completed records of movement of organic fertiliser from the installation (referred to as ‘Record 3’ by the Department of Agriculture, Food and the Marine).
Record 3 data is not in the public domain
See associated notice published by DAFM in the Irish Independent Newspaper (Farming Supplement) on 22/11/2011 and the Irish Farmers Journal on the 26/11/2011 below in Appendix 1. I also attach the associated press release issued 25th January 2012, in Appendix 2.
But, sometimes the EPA may request pig/poultry waste data, and where they do request that data, it is in the public domain via LEAP Online
The Office of Enforcement confirmed that, for instance, where an issue relating to slurry might arise at a licensed site, the inspector enforcing the licence may request the licensee to submit information. The information received is uploaded to LEAP Online.
OEE has also confirmed that records relating to slurry held on-site by the licensee may be checked during site visits by enforcement inspectors.
Occasionally, if the records are not available on the day of the inspection, the enforcement inspector may ask the licensee to submit them to the EPA. In such circumstances, the EPA uploads those records to LEAP Online. Such requests by inspectors are not routine.
For clarity – if the situation arises where a licensee submits information to the EPA of the type they are obliged to submit to DAFM, either arising from a site visit by an inspector or an issue arising on-site, the EPA uploads this information to LEAP Online.
There may be a limited number of records relating to slurry movements received in 2023 available on a case by case basis on LEAP Online.