Unauthorised development at Killola Quarry, Rosscahill, Oughterard, Co. Galway comprising unauthorised quarrying and associated activities including the blasting, extraction, processing, production, storage, distribution of any quarried and/or associated materials
Causing or permitting or continuing to cause or permit the entry and/or discharge of polluting matter and/or trade effluent into drains, watercourses and/or waters on and/or in the vicinity of the lands at Killola Quarry, Roscahill, Moycullen, Co. Galway
Request Under the AIE regs to request any licencing, monitoring/inspection or enforcement records in relation to a quarry operation at Rinaghan, Kildare
Recommencement of underground mining at the former Galmoy Zinc and Lead Mine, comprising access portal, declines, ventilation shafts and extensions to existing underground workings. An IPC licence permit required in relaiton to the proposed development. An Environmental Impact Assessment Report (EIAR) and a Natural Impact Statement (NIS) submitted with the application.
Case type
Planning Appeal
Decision
Case is due to be decided by 16/11/2022
EIAR
Yes
NIS
Yes
Parties
Shanoon Resources Ltd. (Applicant)
Inland Fisheries Ireland (3rd Party Appellant) (Active)
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”
