Decisions

The Commissioner found that while retrieval and photocopying fees are permissible in principle, they were not justified on this occasion because they did not comply with article 15 of the AIE Regulations. Accordingly, the Commissioner annulled that part of the Council’s decision which related to fees and required the Council to give the appellant a fresh decision in relation to fees.

The Commissioner was satisfied that the Partnership is not a public authority within the meaning of article 3(1) of the AIE Regulations

In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that the Report constitutes "environmental information". He did not, however, require release of the Report as refusal was justified under article 8(a)(i) of the AIE Regulations.

The Commissioner found that SIRO Limited does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority

The Commissioner found that ESBIEFML does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority

The Commissioner found that while article 9(1)(c) applied to the information, the public interest in disclosure outweighed the interests served by refusal. Accordingly, he varied OCC’s decision and required it to make the withheld environmental information available to the appellant.

The Commissioner found that Raheenleagh Power does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority

The Commissioner found that the Department does not hold additional environmental information within the scope of the appeal. Accordingly, he affirmed the Department's decision, while varying the ground of refusal to reflect that finding.

In accordance with article 12(5) of the AIE Regulations, the Commissioner found that the Department was justified in refusing access to the information sought under article 8(a)(i) and affirmed its decision accordingly.

In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Council. He affirmed the Council's refusal of the request but varied the reasons for refusal, finding that refusal was justified under articles 7(5), 8(a)(i) and 9(2)(a) of the Regulations.