Under
AIE Regulations, (European Communities Access to Information on the Environment
Regulations 2007 to 2018), you have the right to obtain certain environmental
information from a public authority. You
can also gain access to environmental information under Freedom of Information
(FOI) legislation. Â
The AIE Regulations also oblige public authorities to be proactive in
disseminating environmental information to the public and to make reasonable
efforts to maintain environmental information and have it in a form that is
accessible and can be reproduced.
What information can I access?
The AIE Regulations allow you to access environmental
information produced by a public authority, received by a public authority and
held elsewhere on behalf of the authority.
Environmental information includes information on:
- The state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites including
wetlands, coastal and marine areas, biological diversity and its components,
including genetically modified organisms and the interaction among these
elements
- Factors, such as substances, energy, noise, radiation or waste,
including radioactive waste, emissions, discharges and other releases into
the environment, affecting or likely to affect the elements of the
environment
- Measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to above
as well as measures or activities designed to protect those elements
- Cost-benefit and other economic analyses and assumptions used for
the above measures and activities
- The state of human health and safety, including the contamination
of the food chain, where relevant, conditions of human life, cultural
sites and built structures that may be affected by the elements of the
environment
- Reports on the implementation of environmental legislation
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Applications for
information should be addressed to:
AIE Coordinator,
Horse Racing Ireland,
Ballymany,
The Curragh,
Co. Kildare
Tel:Â (0)45 455 455
Fax:Â (0)45 455 456Â
Email:Â [email protected]
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How will my request be
handled?
Horse Racing Ireland will respond to your request as soon as possible,
at latest within 1 month of having received it.Â
If the request is complex or a large volume of information is required, HRI
will write to you within a month and inform you of its difficulties processing
your request. HRI will give you a date by which it will respond, which must be
not more than 2 months after it got your original request.
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Can I be refused access to
environmental information?
You may be refused access to some types of information. For example, you
may be refused information about the location of an endangered species if
disclosure of this information could put the species at risk. You may also be
refused access to draft or incomplete documents, internal communication (such
as internal emails) or material that is commercially sensitive.Â
A request for information using the AIE Regulations will be refused if
the information is required to be made available under any other statutory
provision - for example, where a planning authority is required to publish the
information or make a planning file available.
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What can I do if I am refused
access to information?
HRI will notify you of the outcome of your request within 1 month. If
you do not get a response within this time you can assume that your request has
been refused.
There are reasons when you can be legally refused access to
environmental information. However, if HRI refuses your request for information
or has not dealt with your request appropriately, you can seek an internal
review of the decision made by the public authority.
If you require an internal review, you
must request it within 1 month of getting the decision.
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Appeals to the Commissioner for Environmental Information (CEI)
If you are not satisfied with the outcome of the internal review you can
appeal to the Commissioner for Environmental Information (CEI). You must appeal
within 1 month of getting the reviewed decision from the public authority. The
CEI may extend the time limit if he/she believes it is reasonable to do so.
Public authorities must comply with the CEI's decisions and if necessary
the CEI can apply to the High Court to have a decision upheld. The CEI's
decisions are published on ocei.gov.ie.
You (or any other person affected by the CEI’s decision) can appeal to
the High Court on a point of law arising from that decision.
Appeals can be made online or sent
to:
Commissioner
for Environmental Information
18 Lower
Leeson Street
Dublin 2
Ireland
D02 HE97
Tel:Â (01) 639
5689
Locall:Â 1890
253 238
Fax:Â (01) 639 5674
Homepage:Â http://www.ocei.ie/
Email:Â [email protected]
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Rates
There is no charge for applying for environmental information under
the AIE Regulations. You may get the information without charge, but there may
be a fee to take account of the costs of compiling and copying information.
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The rates of these fees
are as follows: Â
€20.95 per hour of search
and retrieval
€0.04 per sheet for a photocopy
€0.51 for a three and a half inch computer diskette containing copy documents
€10.16 for a CD-ROM containing copy documents
€6.35 for a radiograph (X-ray) containing copy documentsÂ
There is no charge for an internal review of a decision by
a public authority. However, if the review decides that you should get the
information you requested, you may be charged for photocopying etc.
It costs €50 to take an appeal to the CEI, or €15 if you
have a medical card. If you were not a party to the original request and are
appealing a decision to release information that you feel will incriminate you,
the fee is €15.
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Further information
The Dept
of Communications Climate Action and the Environment has overarching policy
responsibility for AIE in Ireland. See dccae.gov.ie for further information.
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