Freedom of Information Request - SSSI specimen prosecutions
Date: 04 September 2025
Our ref: SIR181151/A5409108
Information Request – SSSI specimen prosecutions
Your Request
This Freedom of Information request largely concerns the recent court case that concluded at Paisley Sheriff Court on Monday 28 July 2025. My questions are:
1. Prior to this case, had there been any prosecutions leading to conviction for collecting geological specimens (minerals, rocks, fossils) at SSSI in Scotland? If so, please provide details.
2. None of the SSSI involved in the aforementioned case had Operation Requiring Consent (ORC) 25, this being the only one which specifically refers to collecting geological specimens. Did the defendant breach any other ORC, and if so, which one? If not, then what was the reasoning that led to her being convicted on three of the charges?
3. Does NatureScot intend to publicize this affair, and if so, when and where?
4. Does NatureScot intend to develop a "Mineral Code", analogous to its "Fossil Code"?
Our Response
Question 1
Following a search of the information we hold our response is attached separately.
Question 2
Operations requiring consent (ORCS) are not relevant in this case as they only apply to the landowner or occupier and not to third parties. We do not have any information in relation to the judicial decision, and no sentencing statement has been published for this case.
Question 3
Our Media Team are considering issuing a press release in the coming weeks, but this has yet to be confirmed. If issued, this will be available from our website.
Question 4
NatureScot supports the idea of there being a code on mineral specimen collecting, though there is no basis in statute, unlike the Scottish Fossil Code, for us to do so. However, if approached by the mineral collecting community to assist, in an advisory capacity, in the preparation of such code we would likely do so.
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
