Freedom of Information Request - Memorandum of Understanding with SEPA and pollution incidents
Date: 21 August 2025
Our ref: SIR181114/A5350635
Information Request – Memorandum of Understanding with SEPA and pollution incidents
Your Request
Is it NatureScot policy, or is there a Memorandum of Understanding, that SEPA must notify NatureScot whenever there is an incident that may have a pollution impact on waterways, such as rivers, burns or lochs?
Our Response
We have discussed your request with several NatureScot teams about any Memorandum of Understanding (MoU) that we may have with SEPA about pollution incidents on waterways. Whilst we do not have any formal arrangements (or MoU) with SEPA with respect to pollution incidents on waterways, as trusted partners, we would expect that we would inform each other to any relevant issues that arise, and that would include SEPA informing us of a pollution incident that may impact a Protected Area.
As we do not hold any information relating to your request we must apply, under the EIRs the exemption 10(4)(a) (Information not held) to your request.
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
