EIR/202600515603 · FOI/EIR · partially withheld
Licence criteria for depositing rocket debris in the sea: EIR release
Information requested
I understand you may have received an application by RFA Augsburg to deposit rocket debris in the sea during their launch. This is a general request about such applications.
Please can you provide:
1) A blank Application form, or a statement of all items requested, including reference to the specificity of location and nature of debris
2) Your guidance to applicants
3) Your criteria to evaluate and judge such applications, including references to steels, carbon fibers and fuels, that are the subject of such deposit
4) In particular, your statement of how compliance with the OSPAR marine Convention, to which the UK is a signatory, is addressed.
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.
Questions 1 & 2
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.
Our guidance and application forms can be found on the Scottish Government website from the link below:
Supporting documents - Marine licensing: applicant guidance - gov.scot
Question 3
The criteria for determination of marine licence applications is set out in the Marine (Scotland) Act 2010, which can be found here, and states the following:
27: Determination of applications
(1) In determining an application for a marine licence (including the terms on which it is to be granted and what conditions, if any, are to be attached to it), the Scottish Ministers must have regard to—
(a) the need to—
(i) protect the environment, (ii) protect human health, (iii) prevent interference with legitimate uses of the sea,
(b) such other matters as the Scottish Ministers consider relevant.
(2) In considering an application for a licence to authorise an activity mentioned in item 1 or 2 in section 21(1) (deposit of substance or object), the Scottish Ministers must have regard (among other things) to the practical availability of any alternative method of dealing with the substance or object.
(3) In considering an application for a licence to authorise an activity mentioned in item 5 in section 21(1) (constructing, altering or improving works), the Scottish Ministers must have regard (among other things) to the effects of any use intended to be made of the works when constructed, altered or improved.
(4) The Scottish Ministers—
(a) must, in relation to each application, consult such persons or bodies as may be specified by them by order,
(b) may, in relation to any particular application, consult any other person or body they consider appropriate.
(5) The Scottish Ministers must give the applicant the opportunity to make representations to them about any observations made to them by a person or body consulted by them under subsection (4).
(6) The Scottish Ministers must have regard to any representations which they receive from any person having an interest in the outcome of the application.
(7) The Scottish Ministers may by regulations make further provision as to the procedure to be followed in connection with—
(a) applications to them for marine licences,
(b) the grant by them of such licences.
(8) Regulations under subsection (7) may include, in particular, provision as to—
(a) the period within which any function is to be exercised (including when that period is to begin and how it is to be calculated),
(b) notifying the applicant of any licensing determination.
The matters outlined in your request would be considered in line with this criteria.
Question 4
Under the Marine (Scotland) Act 2010, section 29(6) Scottish Ministers must not grant a licence to carry on any activity which is contrary to international law. As such, compliance with OSPAR will be considered in determining this application.
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.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
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. (2) In considering an application for a licence to authorise an activity mentioned in item 1 or 2 in section 21(1) (deposit of substance or object), the Scottish Ministers must have regard (among other things) to the practical availability of any alternative method of dealing with the substance or object.
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