FOI/202300383746 · FOI/EIR · partially withheld
Beavers in the Spey catchment: EIR release
Information requested
Copies of all relevant correspondence between the organisation and landowners and/or other public bodies that relates to the introduction of beavers into the Spey River catchment area.
I am interested in all records held that were generated within the last 12 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.
Response to your request
Please find attached all relevant correspondence in relation to the introduction of beavers into the Spey River catchment area.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under the following regulations:
An exception under the regulation 11(2) of the EIRs applies to some of the information you have requested. Reg 11(2) (Personal data relating to third party).
An exception under the regulation 10(5)(g) of the EIRs applies to some of the information you have requested, Reg 10(5)(g) (Protection of the Environment).
The reasons why these exceptions apply are explained in Annex A to this letter.
About FOI
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.
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. An exception under the regulation 10(5)(g) of the EIRs applies to some of the information you have requested, Reg 10(5)(g) (Protection of the Environment).