Consenting route and Environmental Impact Assessment (EIA) status for Moray FLOW-Park: EIR release

Information requested

“I request the following information regarding the proposed Moray FLOW-Park development (Offshore Solutions Group Ltd / FLOW Park Investment Ltd):

1. The full consenting route for the project, including all regulatory regimes that apply (e.g., Marine (Scotland) Act 2010, Marine Works EIA Regulations 2017), and confirmation of which body is the lead consenting authority.

2. Whether Marine Scotland has received any Environmental Impact Assessment (EIA):

• Screening requests
• Scoping requests
• Scoping reports
• Pre-application submissions
• Any correspondence indicating an intention to submit an EIA

3. Whether any part of the project includes onshore infrastructure, and if so:

• The nature of that infrastructure
• Which authority would regulate it

4. Any internal guidance, process map, flow chart, or summary document showing how Marine Scotland intends to determine the application.

5. Any internal briefing, emails, or correspondence concerning the consenting and regulatory approach for the Moray FLOW- Park project.”

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.

​​​​​​​Response to your request

With regards to question one, The Marine (Scotland) Act 2010, and the Marine and Coastal Access Act 2009 are the two sets of marine licensing regulations that apply in Scotland, and Marine Directorate – Licensing Operations Team (MD-LOT) is the team in Scottish Government that determines Marine Licences on behalf of Scottish Ministers. This is set out in our guidance - Marine environment: licensing and consenting requirements - gov.scot.

With regards to question two, an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by Offshore Solutions Group Ltd / FLOW Park Investment Ltd and thus cause substantial harm to their commercial interests.

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 a public interest in disclosing information as part of open and transparent and accountable government, and to inform public debate. However, there is a greater public interest in protecting the commercial interests of companies when substantial harm can be made to their commercial interests.

The Marine Directorate has not received any of the following: screening requests, scoping requests, scoping reports, pre- application submissions.

With regards to question three, from the information the Marine Directorate has on the project, there would be no onshore infrastructure.

With regards to question four, any marine licence application would be determined in line with relevant legislation, either the Marine (Scotland) Act 2010, or the Marine and Coastal Access Act 2009 depending on the location of what is applied for, and would follow guidance set out in our website - Marine environment: licensing and consenting requirements - gov.scot

With regards to question five, an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by Offshore Solutions Group Ltd / FLOW Park Investment Ltd and thus cause substantial harm to their commercial interests.

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 a public interest in disclosing information as part of open and transparent and accountable government, and to inform public debate. However, there is a greater public interest in protecting the commercial interests of companies when substantial harm can be made to their commercial interests.

Additional information provided out with the EIRs

​​​​​​​Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that Marine Scotland was formed in April 2009 and became Marine Directorate from July 2023.​​​​​​​

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.