Freedom of Information Request - licencing criteria WCA
Date: 17 February 2025
Our ref: SIR178691/A4998822
Information Request – licencing criteria WCA
Your Request
I would like information on how NatureScot apply the licensing criteria of "no other satisfactory solution, under section 16 of the Wildlife and Countryside Act 1981 when considering a license application.
I would like to know if it's used as an overriding criterion in terms of NatureScot's "balancing duties" and what guidance they use to determine whether a solution is satisfactory.
Our Response
Following a search of the information we hold, the relevant extracts concerning test 2 “No other satisfactory solution” from our processing guides are attached separately.
Guidance for each licence type can be found on our website: Licensing forms and guidance.
We have redacted personal data from the documents because releasing personal data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under 11(2) (Personal Data) of the EIRs.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
Document downloads
Due to accessibility issues the attached information, referenced above, is available on request by contacting the FOI team at [email protected]. Please reference the case number (starting with SIR).
