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The Environmental Permitting (England and Wales) Regulations 2010

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Environmental Permitting (England and Wales) Regulations 2010 No. 675

Regulation 46(1)

SCHEDULE 24Public registers

This schedulenoteType=Explanatory Memorandum has no associated

Matters to be included in a public register

1.  (1)  A public register must contain a copy of—

(a)every application for—

(i)the grant of an environmental permit,

(ii)the variation of an environmental permit,

(iii)the transfer of an environmental permit in whole or in part, or

(iv)the surrender of an environmental permit in whole or in part;

(b)every notice requesting further information under paragraph 4(1) of Part 1 of Schedule 5;

(c)all representations made in respect of an application for the grant or variation of 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 Part 1 of Schedule 5;

(f)every prohibition notice, enforcement notice, revocation notice, suspension notice, landfill closure notice, mining waste facility 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 information obtained by the regulator—

(i)as a result of its own monitoring,

(ii)as a result of monitoring required under an environmental permit condition, or

(iii)under regulation 60 in relation to monitoring;

(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,

(v)a mining waste facility closure notice, or

(vi)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 or the exemption registration authority by an appropriate authority under these Regulations, other than a direction given under regulation 47 or paragraph 9 of Schedule 2.

(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 the grant of an environmental permit;

(b)an inventory of closed mining waste facilities as required under Article 20 of the Mining Waste Directive;

(c)a list identifying all waste incineration installations—

(i)which have a capacity of less than 2 tonnes per hour, and

(ii)whose operation is authorised by an environmental permit containing conditions which give effect to the Waste Incineration Directive; and

(d)details of—

(i)all fees and charges paid to a regulator within the meaning of regulation 65 pursuant to a scheme under that regulation, and

(ii)the total expenditure of that regulator in exercising its functions under these Regulations.

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

(4) The regulator may omit from its public register any representation which substantially duplicates a representation already included in the public register, but the regulator must then include on the register a statement of the number of representations that have been omitted on this basis.

(5) If the regulator omits from its public register information referred to in sub-paragraph (1)(h) 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 information and requiring compliance with emission limit values.

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

Information no longer relevant for public participation

2.  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 cautions

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

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