Summary: The Commissioner found that the Board was justified in refusing the appellant?s request under Article 7(5) of the Regulations, on the basis that the Board did not hold the information requested. Accordingly, the Commissioner affirmed the Board's decision.
Date: 24-07-2015
Case Number: CEI/14/0001
Public Body: An Bord Pleanála
Article of the Reg.: Art.7(5)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department in this case. He varied the decision of the Department and found that it was justified in refusing the request on the ground that the information sought is not "environmental information held for a public authority" within the meaning of the Regulations, except in so far as records of inspections carried out by Department officials are held by the Department. He found that only parts of the inspection reports fell to be considered in this appeal and that only certain sections of those reports, and associated attachments, are within the scope of the request. He further found that the information in these sections is environmental information and that it relates to emissions so that Article 10(1) applies. Therefore, he directed the release of certain specified information. He further found that Article 7(5) of the Regulations applied to any other information which the appellant contends is within the scope of the request.
Date: 21-07-2015
Case Number: CEI/13/0001
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5) Art.10(1)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that it was not justified in refusing the appellant's request under Articles 9(2)(c) and (d) of the Regulations. Accordingly, he annulled the Department's decision and directed the release of the information concerned, as specified in Appendix 1.
Date: 13-07-2015
Case Number: CEI/14/0007
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.9(2)(c) Art.9(2)(d)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that it was justified in refusing access to the information concerned on the ground that it is not environmental information within the meaning of the Regulations. He affirmed the decision of the Department accordingly.
Date: 18-12-2014
Case Number: CEI/13/0006
Public Body: Department of Communications, Energy and Natural Resources
Article of the Reg.: Art.3(1)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Council and found that it was justified in part in refusing access to the information concerned on the ground that it is not environmental information within the meaning of the Regulations. He found that the Council was not justified in refusing access to item 2 of the request on the ground that it is not environmental information within the meaning of the Regulations and that the Council must therefore process item 2 of the appellant's request in accordance with the Regulations. He varied the decision of the Council accordingly.
Date: 20-12-2013
Case Number: CEI/12/0004
Public Body: Dublin City Council
Article of the Reg.: Art.10(3)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of BnM and found that it was not justified in refusing the request on the ground that it is not a public authority within the meaning of the Regulations. She annulled the decision of BnM and found that it is a public authority within the meaning of the Regulations.
Date: 23-09-2013
Case Number: CEI/12/0003
Public Body: Bord na Móna
Article of the Reg.:
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that it was justified in refusing the request under Articles 9(2)(a) and (b) of the Regulations. She affirmed the Department's decision accordingly.
Date: 20-09-2013
Case Number: CEI/12/0005
Public Body: Department of Environment, Community and Local Government
Article of the Reg.: Art.9(2)(a) Art.9(2)(b)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that it was justified in refusing access to the information concerned on the ground that it is not environmental information within the meaning of the Regulations. She affirmed the decision of the Department accordingly.
Date: 13-03-2013
Case Number: CEI/12/0008
Public Body: Department of Arts, Heritage and the Gaeltacht
Article of the Reg.: Art.3(1)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that it was not justified in charging a fee for search and retrieval costs. She annulled the Department's decision accordingly.
Date: 20-02-2013
Case Number: CEI/11/0007
Public Body: Department of Environment, Community and Local Government
Article of the Reg.:
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the City Council and found that it was justified in refusing the request for further documentation under Article 7(5) of the Regulations. She affirmed the decision of the City Council accordingly.
Date: 23-10-2012
Case Number: CEI/10/0015
Public Body: Waterford City Council
Article of the Reg.: Art.7(5)