In reference to the online public register of marine licences - Nigg Energy Park East Quay - 07068/07069 (Attached).
Item 2.5 Contractor and Vessel details, this information is listed as being "as per annex two", however annex two is not included, can you please provide this?
Item 3.4.4. Can you please provide details, or a link, or a copy of any report, for any marine activity recorded as having produced loud, low or medium frequency (10Hz to 10kHz) impulsive noise in the Marine Noise Registry during the validity of the licence?
Item 3.2.6. Can you please provide a copy of the "Works Dialogue Protocol" as shared with Port of Cromarty, Port of Ardersier and Aberdeen Harbour Expansion Project.
Separately. In regards to the Port of Cromarty Firth Authority Phase 4 Marine Licence (August 2028). Can you please provide details of the dates when works on this licence commenced and ended?
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.
Response to your request
I attacha copy of some of the information you requested.
Due to an administrative error, the document detailing the contractor and vessel details, as required by the relevant marine licenses issued to Nigg Energy Park East Quay, were not published on our website at the appropriate time. I attach a copy of the relevant document for your perusal.
Port of Cromarty Firth Authority notified Marine Scotland of their intent to commence Phase 4 licensable activities on 18 January 2019.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing parts of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter. We are unable to confirm what date activities licensed under the Port of Cromarty Firth Authority Phase 4 Marine Licenses concluded.
The Marine Noise Registry (MNR) is managed by Joint Nature Conservation Committee (JNCC). Reports associated with entries on MNR are available from JNCC upon request. They can be contacted at email@example.com.
Works Dialogue Protocols do not form part of the licensing submissions to Marine Scotland. However, you may wish to contact the relevant port authorities, who may be able to help you.
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.
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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House
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