Removal or destruction of Herring gull eggs or nests

Gordon C Stalker made this Freedom of Information request to Angus Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Gordon C Stalker

Dear Angus Council,

All species of gull are protected under the Wildlife and Countryside Act 1981.

This makes it illegal to intentionally or recklessly injure or kill any gull or damage or destroy an active nest or its contents. It is also illegal to prevent birds from accessing their nest. The herring gull is a critically endangered species.

To remove seagull eggs or interfere with their nests requires a licence. I am unable to find any reference to your licence on the Angus Council or Scottish Government websites. Please provide a copy of the licence you have obtained to carry out this activity.

Failure to do so is a serious criminal offence under the Wildlife and Countryside Act 1981.

Yours faithfully,

Gordon C Stalker

LEGDEM, Angus Council

Dear Mr Stalker

Thank you for your information request dated 1 June 2018 (received by Angus Council that same day).

If we are unable to provide you with a response within 20 working days, we will advise you of this in writing.

Please refer to the information below which explains your right to complain if you are unhappy with how the Council is dealing with your request.

If you have any queries, please ask for me on 01307 476234 or email [email address]

Yours sincerely
Brenda Angus

_______________________________________________________________________________
Brenda Angus | Clerical Officer | Place | Legal & Democratic | Angus Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN | Tel: 01307 476234 |DX 530678 FORFAR|Email: [email address] ; [email address]

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004
INSPIRE (SCOTLAND) REGULATIONS 2009

Your Right to Request a Review by the Council

If you are dissatisfied with the way in which Angus Council has dealt with your request for information under any of the above statutory instruments, you have a right to ask the council to review its actions and/or decisions regarding your request. If you wish to do this, you should make your request to the Service Leader – Legal & Democratic, Place Directorate, Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail [email address] within 40 working days.

Your request must:
• be in writing (or recordable format);
• give your name and address for correspondence;
• give details of the information which you originally requested from the council; and
• give the reasons why you are dissatisfied with the way in which your application for information has been dealt with.

Your application for review will then be considered by the council’s review panel. The review panel will write to you informing you of its decision not later than 20 working days after receipt of your request for a review. The review panel will also provide you with a statement of its reasons for arriving at the decision it has made.

Your Right to Appeal to the Scottish Information Commissioner

If you are dissatisfied with a decision of the council's review panel (or where the review panel has not provided you with a response), you have the right to apply to the Scottish Information Commissioner for a decision as to whether your request for information has been dealt with by the council in accordance with the above statutory instruments.

Your application to the Scottish Information Commissioner must:
• be in a recordable format (letter, e-mail, audio tape etc);
• give your name and address for correspondence.
• give details of the request for information which you originally requested from the council;
• give details of why you were dissatisfied with the council’s response to your original request;
• give details of why you were dissatisfied with the decision of the council's review panel.

In the case of an EIR or FOI request your application to the Scottish Information Commissioner must be made within 6 months of receipt of the decision of the council’s review panel (or within 6 months of the date that the review panel should have responded). No such time limit applies under the 2009 Regulations.

Appeals to the Commissioner can be lodged online through the following hyperlink:
http://www.itspublicknowledge.info/YourR... or by contacting:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611; Email - [email address]

show quoted sections

KinmondG, Angus Council

2 Attachments

Dear Mr Stalker

 

Request for Information

 

Thank you for your request for information dated 1 June 2018 (received by
the Council that same day) which has been passed to me for attention. 

 

You have requested the following information:

 

To remove seagull eggs or interfere with their nests requires a licence.
Please provide a copy of the licence you have obtained to carry out this
activity.

 

Angus Council operate under a general licence issued by Scottish Natural
Heritage and is not specific to Angus Council.  Please find a link below
to general licence.

 

[1]https://www.nature.scot/sites/default/fi...

 

In compiling responses to information requests we invariably use
information which is routinely published on the [2]Council’s website or
through its [3]Publication Scheme.  If you require further information
please first check that the information you want is not routinely
published as any such information is exempt from release in terms of
Section 25 of the Freedom of Information (Scotland) Act 2002 or Regulation
6(1)(b) of the Environmental Information (Scotland) Regulations 2004.

 

I hope that this information is of some help to you. Please note that the
information contained in this reply is believed to be accurate as of
today's date (unless otherwise indicated) but no warranty is given.
Further, Angus Council does not accept liability for any loss, injury or
damage which arises from the use of the information contained in this
reply either by you or by any other party. Please refer to the information
set out below which explains your right to complain if you are unhappy
with how the Council has dealt with your request. If you have any queries,
please contact me on 01307 473341 or e-mail [4][email address].

 

Yours sincerely

 

 

 

Stewart Ball

Head of Communities

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Request a Review by the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Head of Legal & Democratic Services, Resources Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [5][email address] within 40 working days.

 

Your request must:

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[6]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [7][email address])

 

 

 

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