Proposed Macroalgal Farms Documentation: EIR release

Information requested

Please could you supply the following.

• The Bio-security Plan relating to GreenSea Solutions Ltd’s proposed macroalgal farm in Loch Sunart.
• All documentation in respect of the Pre Application Consultation relating to the proposed macroalgal farm at Aird Fada on Mull, including the information about how many people attended and what comments were made at associated consultation event(s), and the document "SWMID - Pre-application process and response v2”. 

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.

1. I am providing copies of some of the information you have requested.

• Item 1 relates to part 1 of your request: The Bio-security Plan relating to GreenSea Solutions Ltd’s proposed macroalgal farm in Loch Sunart.
• Items 2 to 15 relate to part 2 of your request: All documentation in respect of the Pre Application Consultation (PAC) relating to the proposed macroalgal farm at Aird Fada on Mull.

2. 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 an exception under regulation 11(2) (personal information of a third party) of the EIRs applies to that information. The reason why this exception applies is explained in the Annex to this letter.

3. Some of the information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. This includes items 1 & 3. You are free to use the information for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, would require the permission of the copyright holder. Most documents supplied by the Scottish Government will have been produced by government officials and will be Crown Copyright. You can find details on the arrangements for reusing Crown Copyright material on the National Archives website at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Information you receive which is not subject to Crown Copyright continues to be protected by the copyright of the person, or organization, from which the information originated. You must ensure that you gain their permission before reproducing any third party (non Crown Copyright information).

ANNEX
REASON FOR NOT PROVIDING INFORMATION

An exception under regulation 11(2) (personal information of a third party) of the EIRs applies to some of the information you have requested.

Regulation 11(2) – To the extent that environmental information requested includes personal data of which the applicant is not the data subject and in relation to which either the first or second condition set out in paragraphs (3) and (4) is satisfied, a Scottish public authority shall not make the personal data available.

An exception under regulation 11(2) of the EIRs (personal information of a third party) 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 Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.

Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.

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.