Correspondence relating to Montrose Port Authority regarding dredging and licensed disposal of sediments: EIR release

Information requested

I am writing in regard to the recent dredging and licensed disposal of sediments associated with Montrose Port. Under the Freedom of Information Act, I believe I am able to ask for the following information:

1. Copies of correspondence (emails, Teams messages, meeting notes, phone calls, WhatsApp or text messages) between Montrose Port Authority (including their representatives) and Marine Directorate staff, relating to any proposed or actual dredged activities between 1st December 2025 and 1st March ‘26. I would also like copies of any internal MD communications related to the same topic, over the same time window.

2. Can you state if Marine Directorate has taken a position, regarding the choice of dredger used for the recent dredge, February 23rd to March 1st ’26, or reminded MPA of any license conditions specifically relating to the choice and position of deposit sites at Montrose Bay or Lunan Bay.

3. The coordinates (preferably converted into OSGB) of licensed dredge extent and explain why and if this has changed in recent years?

4. An explanation of what steps are taken by MD to ensure compliance with the license in relation to dredge extent and disposal locations. These should include (as a minimum) what steps are taken, when these were/are taken; and if these are checked by MD to ensure compliance.

5. What volume of sediment was expected to be dredged in the recent dredge (23rd February to 1st March ‘26), and what proportion of this volume was expected to be deposited at Montrose and Lunan Bays respectively; assuming calm weather conditions.

6. What volumes have actually been dredged in the recent dredge (23rd February to 1st March ‘26), and what proportion has actually been deposited at Montrose and Lunan Bays respectively.

7. Outline what actions are undertaken by MD to consider any cumulative impacts of this dredge, on top of those before it, within and adjacent to the dredged channel, and specifically across Annat Bank.

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.

Request for information and documents regarding dredging activities at Montrose Port

Question 1

I have included copies of the information you have requested in the attached Annex (B).

On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).

Question 2

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested with regards to whether the Scottish Governments Marine Directorate has taken a position and/or view in relation to the choice of dredger used for the recent 23 February 2026 dredging activity at Montrose Port. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

It may help if I explain that the Marine Directorate has no input to the choice of dredge vessel used by a licensee (in this instance Montrose Port Authority). Vessels to be used in the course of the licensed activity must be listed on Annex 2 of each licence, but the selection of an appropriate vessel is an operational matter for the licensee.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 3

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. Where information is already publicly available I have provided you with the links to the relevant websites. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

The Scottish Government has published a number of documents in relation to dredging activities for Montrose Port via the Marine Directorate Licensing Portal. Documents in relation to dredging activities have been published here, you may wish to review the Marine Licence and Approval Letter documents as these provide geographical coordinates (in WGS84 format) for licensed activities at Montrose Port.

Question 4

It is an offence under Section 39 of the Marine (Scotland) Act 2010 to fail to comply with the conditions of a licence, or to undertake a licensable activity without a marine licence in place. The marine licence application process and licence documents assess and mandate the location, quantity and nature of the material to be dredged and the potential environmental impacts from the activity or the material. All dredged sediment is sampled and analysed for contaminants according to international standards. It is also a condition of all marine licences for the deposit of dredged material at sea that returns are provided on an annual basis. Returns include volume of dredged sediment, location of dredge and location of deposit. This information is compiled and submitted yearly to the Centre for Environment, Fisheries, and Aquaculture Science (Cefas), to evidence compliance with obligations under OSPAR.

Questions 5 & 6

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we have not been provided with figures in relation to the volume of materials dredged and/or deposited as part of the recent dredging activity at Montrose Port referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

It may help if I explain that as part of the standard condition of the relevant marine licence that Montrose Port Authority are required to submit reports to the Scottish Governments Marine Directorate stating the nature and total quantity, in wet tonnes, of all substances or objects deposited under authority of said licence. I would note, however, that dredge reports are submitted on an annual basis with the report for 2026 activities (including the 23 February 2026 activity noted in your request) not being due for submission until 2027 currently.

I also wish to highlight that existing licence (Marine Licence- Deposit of Maintenance Dredge- Montrose Navigational Channel and Inner Harbour- 00010956 | marine.gov.scot) authorises the deposit of up to 246,000 wet tonnes per year at either Lunan Bay authorised deposit site or Montrose Bay trial deposit site. The dredging activity is exempt from marine licensing by Article 26 of The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 and authorised by approval, which does not specify the amount to be dredged. The exact amount required to be dredged is an operational matter for the licensee (in this instance Montrose Port Authority), provided licence conditions are met. The licence requires that logs are maintained of all dredging activity and annual returns are submitted to the licensing authority as noted above.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 7

It is a requirement of the Marine (Scotland) Act 2010, that Scottish Ministers must have regard to the need to protect the environment, protect human health and prevent interference with legitimate use of the sea in every licence determination. It is also required that any authorisation decision is made in accordance with Scotland’s National Marine Plan. In making a determination, the Scottish Governments Marine Directorate (on behalf of Scottish Ministers) consults a wide range of statutory and non-statutory consultees and considers all responses in making a decision to grant or refuse a licence. Consultees include NatureScot and the local authority and further scientific advice can be requested from internal scientists as required. During previous licensing processes, advice was also commissioned from external, coastal geomorphologists.

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.

EIR 202600509013 - Information Released - Annex A and Annex B

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