SCHEDULE 19Public registers

Regulation 46(1)

Matters to be included in a public register1

1

A public register must contain a copy of—

a

every application—

i

for the grant of an environmental permit,

ii

to vary a environmental permit,

iii

to transfer an environmental permit in whole or in part, or

iv

to surrender an environmental permit in whole or in part;

b

every notice requesting further information under paragraph 4(1) of Schedule 5,

c

all representations made in respect of an application for an environmental permit or to vary an environmental permit;

d

every environmental permit, variation, transfer in whole or in part, or surrender in whole or in part granted or made by the regulator;

e

every determination or decision notified under paragraph 17(2)(a) of Schedule 5;

f

every enforcement notice, revocation notice, suspension notice, landfill closure notice or notice withdrawing such a notice served by the regulator;

g

in relation to an appeal to an appropriate authority, every—

i

notice of appeal,

ii

document relating to the appeal,

iii

representation made in respect of the appeal, and

iv

determination of the authority, including any report accompanying that determination;

h

all monitoring information obtained by the regulator—

i

as a result of its own monitoring,

ii

by virtue of any environmental permit condition, or

iii

under regulation 60;

i

all other information given to the regulator in compliance with—

i

an environmental permit condition,

ii

an enforcement notice,

iii

a suspension notice,

iv

a landfill closure notice, or

v

regulation 60;

j

every report published by the regulator relating to an assessment of the environmental consequences of the operation of an installation;

k

every direction given to the regulator by an appropriate authority under these Regulations, other than a direction given under regulation 47.

2

A public register must also contain—

a

details of any conviction or formal caution for an offence under regulation 38 in respect of an environmental permit granted by the regulator or a failure to apply to the regulator for an environmental permit;

b

a list identifying all waste incineration installations which—

i

have a capacity of less than 2 tonnes per hour, and

ii

are the subject of an environmental permit containing conditions which give effect to the Waste Incineration Directive; and

c

details of—

i

all fees and charges paid to the local authority pursuant to a scheme under regulation 65, and

ii

the total expenditure of the authority in exercising its functions under these Regulations in respect of permits granted by the authority.

3

The regulator may omit a representation referred to in sub-paragraph (1) from its public register at the request of the person making the representation, but it must then include in the public register a statement that a representation was made and was the subject of such a request.

4

If the regulator omits monitoring information referred to in sub-paragraph (1) from its public register on the grounds that it is commercially or industrially confidential the regulator must include in the public register a statement indicating whether or not there has been compliance with any environmental permit condition related to that monitoring information and requiring compliance with emission limit values.

5

In this paragraph, “waste incineration installation” has the meaning given in Schedule 13.

Information no longer relevant for public participation2

A regulator is not required to keep in its public register information which is no longer relevant for the purposes of public participation required under these Regulations.

Formal cautions3

A regulator must remove details of any formal caution from its public register 5 years after the caution was given.