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REF 96 - Eigg Fish Farm

Request

Any related documentation that can be shared under the Freedom of Information (Scotland) Act. If the application form or LOA document cannot be made public, then we specifically would like to know:

-          exactly when the LOA expires

-          site location 

-          intended dates for commencement of operation

-          ancillary equipment co-ordinates

Response

We consider that your request is a request for information under section 1 of the Freedom of Information (Scotland) Act 2002 (“FOISA”). To the extent that the information contained within the scope of the request is environmental information as defined in regulation 2 of the Environmental Information (Scotland) Regulations 2004 (“EIRs”), we also consider that your request falls under the EIRs. 

In the circumstances of this request, we consider that the EIRs are more disclosive to you than FOISA, so there is nothing additional that you would receive if we dealt with your request under FOISA as well as the EIRs. Dealing with your request under two information access regimes would simply duplicate work, with no benefit to you. We have therefore applied the exemption contained in section 39(2) of FOISA and will deal with your request for environmental information under the EIRs alone.

We are disclosing a copy of the signed Lease Option Agreement between Crown Estate Scotland and Marine Harvest Scotland in relation to a proposed fish farm site at Eigg, Isle of Eigg.  I have redacted names of signatories whom I haven’t received consent to disclose, and a name of the author of the enclosed Plan within the LOA.  We are applying exception 11(2) – Personal Data - contained in the EIRs.

We are also disclosing a copy of the Application form for the Lease Option.  Exception 11(2) – Personal Data – is applied.  We redacted names and emails of personnel from Marine Harvest, without consent we would be in breach of Data Protection laws; and a name of a Crown Estate Scotland employee who no longer works for the organisation, thus no consent obtained. 

Application and Lease Option Agreement - redactions