SIC Impact of wind farm developments on bird populations On 13 February 2014, the Royal Society for the Protection of Birds (the RSPB) asked the Scottish Ministers (the Ministers) for specified information relating to bird populations.
The Ministers sought clarification of this request and the RSPB confirmed that it was seeking information relating to the impact of named east coast wind farm projects on bird populations. The Ministers initially failed to provide the RSPB with a response to this clarified request. Following a review, the Ministers claimed the information was excepted from disclosure under regulation 10(4)(c) of the EIRs (as a request formulated in too general a manner).
The Commissioner investigated and found that the Ministers had failed to respond to the RSPB’s request for information in accordance with the EIRs. This was because it had wrongly applied the exception contained in regulation 10(4)(c) of the EIRs and had failed to comply fully with its related duty to provide advice and assistance under regulation 9(2) of the EIRs. She required the Ministers to provide the RSPB with a review outcome that did not rely upon the exception in regulation 10(4)(c).
Citations:
[2014] ScotIC 261 – 2014
Links:
Jurisdiction:
Scotland
Information
Updated: 17 July 2022; Ref: scu.542675