Freedom of Information Request - Operations Requiring Consent (ORC) Guidance
Date: 22 January 2025
Our ref: SIR178443/A4959320
Information Request – Operations Requiring Consent (ORC) Guidance
Your Request
‘When a site is designated a SSSI a list of Operations Requiring Consent (ORC) is consulted, and those considered relevant to the site are selected. There are 28 in all, but often only a fraction of these are chosen, depending on the nature and vulnerabilities of the site. From time to time NatureScot staff will be tasked with designating new SSSI, or reviewing existing ones. To this end they need to understand the meaning and intent of each ORC so that they can select those appropriate to the site. Your English counterparts at Natural England have a “guidance for staff” detailing each ORC (ORNEC in England) and elaborating on their meaning, how they should be applied, what they cover and what they don’t. This guidance provides much more detail than the simple summary definitions in the citations available on-line (and copied below for those ORC that interest me). The guidance for each ORNEC follows the format “ORNEC number” and summary, followed by “Interpretation of ORNEC”, followed by “Description of operation”, followed by “Risks”. A few lines under each of these subheadings gives additional information. NatureScot will have something similar.
MY QUERIES
1. Please confirm that NatureScot has a “guidance for staff” or similar, that gives details on the interpretation of each ORC etc. as described above.
2. If, as I suspect, the answer to query 1 is “Yes” then please provide me with the guidance for the following ORC:
11 The destruction, displacement, removal or cutting of any plant or plant remains, including tree, shrub, herb, dead or decaying wood, moss, lichen, fungus or algae.
20 Extraction of minerals including peat, shingle, sand and gravel, topsoil and sub-soil. Extraction of minerals including spoil.
24 Modification of natural or man made features (including cave entrances), clearance of boulders, large stones, loose rock, scree and battering, buttressing, grading or seeding of rock faces or outcrops, infilling of pits or quarries.
25 Removal of geological specimens, including rock samples, minerals and fossils.
27 Recreational activities, other than those carried out responsibly in keeping with the Scottish Outdoor Access Code, or other activities which would damage rock outcrops and vegetation.’
Our Response
Following a search of the information we hold our response is attached separately.
Please note, the guidance for ORC 27 does not include the exact wording included in your request. NatureScot advisers can amend the wording to make it more relevant for any given SSSI.
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).
