Coal mining activity in Scotland: EIR release

Information requested

All documentation held by the Scottish Government, including correspondence held and received (including internal), minutes/notes from meetings, briefings, analysis about new coal mines being created, from the last three months.

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.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below. 

The Scottish Government does not have the information.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not hold information, from the last three months, about new coal mines being created in Scotland. 

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. While we recognise that there may be some public interest in information about new coal mines being created, we cannot provide information which we do not hold.

The following contextual information may also be helpful to you.

Coal exploitation is a matter reserved to the UK Government and the Mining Remediation Authority is responsible for licensing coal mining activity in Scotland. As such, you may wish to contact the Mining Remediation Authority which may be able to help you.

Planning policy and determinations are, however, devolved to the Scottish Government. The Scottish Government’s National Planning Framework 4 (NPF4) was published and adopted in February 2023 following approval by the Scottish Parliament. NPF4 Policy 33a sets out development proposals for the  exploration, development and production of fossil fuels (excluding unconventional oil and gas which is the subject of NPF4 policy 33b) will not be supported other than in exceptional circumstances aligned with national policy on energy and climate.

Any holder of a licence issued by the Mining Remediation Authority may submit an application for planning permission for coal mining-related activities. As a matter of law, all planning applications must be determined in accordance with the development plan, unless material considerations indicate otherwise. As a statement of national policy, the finalised policy position on coal extraction would be a material consideration.

On 19 June 2025, following a comprehensive policymaking process, the Scottish Government announced its finalised policy position of no support for coal extraction in Scotland.

About FOI

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