Publication - FOI/EIR release

SEPA correspondence regarding pollution on the AWPR: EIR release

Published: 21 Aug 2019

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

Published:
21 Aug 2019
SEPA correspondence regarding pollution on the AWPR: EIR release
FOI reference: FOI/19/01665
Date received: 17 Jul 2019
Date responded: 15 Aug 2019
Information requested

Under the Freedom of Information Act (2002), I wish to acquire the following information:

Any correspondence (letters, emails or otherwise) from Sepa related to pollution on the AWPR site

This was clarified on 17 July to;

Any correspondence (letters, emails or otherwise) from Sepa related to pollution on the AWPR site between 2013-2019. Can you provide information from Sepa to Scottish Government.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Please find attached a letter sent from SEPA to Michelle Rennie, Director of Major Projects on 18 December 2015.

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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
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