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Publication - FOI/EIR release

Habitats Regulation Assessment: EIR release

Published: 12 Apr 2018

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Published:
12 Apr 2018
Habitats Regulation Assessment: EIR release

FOI reference: FOI/17/01133
Date received: 16 May 2017
Date responded: 7 June 2017

Information requested

Full copies of the following documentation:

a. The Habitats Regulation Assessment (HRA) (Issue: Proposed use of UW High Explosives - Atlantic Salmon - River Dee SAC)

b. The Appropriate Assessment (AA) (Issue: Proposed use of UW High Explosives - Atlantic Salmon - River Dee SAC)

c. Comments and advice issued by SNH on the application by AHB and the Assessments detailed in a. and b. (detailed above) (Issue: Proposed use of UW High Explosives - Atlantic Salmon - River Dee SAC).

Response

I enclose a copy of most of the information you requested.

Some of the information you have requested is available from the Scottish Government website at the following location:

http://www.gov.scot/Topics/marine/Licensing/marine/scoping/currentccnp/ahep

Which is the main webpage for information associated with this project. From this webpage you can link to the following specific documents:

http://marine.gov.scot/datafiles/lot/ahep/

http://www.gov.scot/Topics/marine/Licensing/marine/scoping/currentccnp/ahep/ahep-aa

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under regulations 10(4)(d) (unfinished or incomplete information) and 11(2) (personal data) of the EIRs apply to that information. The reasons why these exceptions apply are explained below.

Reasons for not providing information

Exceptions that apply.

Exceptions under regulation 10(4)(d) and 11(2) of the EIRs apply to some of the information you have requested.

Unfinished or incomplete information.

An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is an unfinished document.

This exception is subject to the 'public interest test'.Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government's view or position on the matter to which the information relates. Personal data.

Regulation 11(2) – personal data.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG