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What do the Public Registers cover?

The Environment Agency is obliged by various pieces of legislation to maintain and make available public registers of information. Where information relates to identifiable living individuals, s.34 of the Data Protection Act 1998 states that it can be made available in accordance with the governing law (i.e. the public register provisions in the relevant legislation).

It is important to note that the legislation linked to from this page is not automatically updated when there is an amendment to the law. We do not guarantee that the legislation referred to within this document is still in force at the time of your query.

The Environmental Permitting Regulations (EPR) came into force on 6 April 2008. These combined Pollution Prevention and Control (PPC) and Waste Management Licensing (WML) regulations. All existing PPC permits or Waste Management Licences automatically became Environmental Permits from 6 April 2008. The regulations were amended in April 2010 such that all Water Discharge consents, Groundwater authorisations and Radioactive Substances registrations and authorisations automatically became Environmental Permits.

From April 2016 the Environment Agency will no longer host data relating to Wales.

Hazardous Waste

From 1 April 2016, premises will no longer need to register as hazardous waste producers. This will affect consignment notes, consignee returns and the records that producers or holders of hazardous waste have to keep.

We will no longer update our records relating to the movement or disposal of hazardous waste. See the guidance on gov.uk here https://www.gov.uk/guidance/hazardous-waste-returns-supplementary-guidance#guidance-effective-from-1-april-2016

Environmental Permits

Contaminated Land

Water Resources

Water Quality

Maps

Waste

EU Emissions Trading

The Control of Major Accidents and Hazards (COMAH) Regulations

Environmental Permits

Environmental Permits

Permits are now issued under the Environmental Permitting Regulations 2010 (EPR) which have replaced (or partly replaced) the following regulations:

  1. Pollution Prevention & Control Regulations 2000 (PPC Regulations)
  2. Environmental Protection Act 1990 s.20 and the Register of Integrated Pollution Control (IPC) sites SI 1996 no. 979
  3. Waste Management Licensing Regulations 1994 and amendments
  4. End of Life Vehicles Regulations 2003 & 2005 (Authorised Treatment Facilities)
  5. s.190 of the Water Resources Act 1991 and the Control of Pollution (Applications, Appeals and Registers) Regulations SI 1996 no. 2971
  6. Groundwater Regulations 2009
  7. s.39 Radioactive Substances Act 1993
  8. Mining Waste Regulations 2009

http://www.legislation.gov.uk/uksi/2010/675/contents/made

The duty to keep a public register is found at Regulation 46 and Schedule 24 of the Environmental Permitting (England & Wales) Regulations 2010 SI 2010 no 675 which states:

  1. A public register must contain a copy of—
    1. every application—
      1. for the grant of an environmental permit,
      2. to vary a environmental permit,
      3. to transfer an environmental permit in whole or in part, or
      4. to surrender an environmental permit in whole or in part;
    2. every notice requesting further information under paragraph 4(1) of Schedule 5,
    3. all representations made in respect of an application for an environmental permit or to vary an environmental permit
    4. every environmental permit, variation, transfer in whole or in part, or surrender in whole or in part granted or made by the regulator
    5. every determination or decision notified under paragraph 17(2)(a) of Schedule 5
    6. every prohibition notice, enforcement notice, revocation notice, suspension notice, landfill closure notice or notice withdrawing such a notice served by the regulator
    7. in relation to an appeal to an appropriate authority, every—
      1. notice of appeal,
      2. document relating to the appeal,
      3. representation made in respect of the appeal, and
      4. determination of the authority, including any report accompanying that determination
    8. all monitoring information obtained by the regulator—
      1. as a result of its own monitoring,
      2. by virtue of any environmental permit condition, or
      3. under regulation 60
    9. all other information given to the regulator in compliance with—
      1. an environmental permit condition,
      2. an enforcement notice,
      3. a suspension notice,
      4. a landfill closure notice,
      5. mining waste facility closure notice or
      6. regulation 60
    10. every report published by the regulator relating to an assessment of the environmental consequences of the operation of an installation;
    11. 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—
    1. 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
    2. an inventory of closed mining waste facilities as required under Article 20 of the Mining Waste Directive; [attributes of the inventory are not specified]
    3. a list identifying all waste incineration installations which—
      1. have a capacity of less than 2 tonnes per hour, and
      2. are the subject of an environmental permit containing conditions which give effect to the Waste Incineration Directive and
    4. details of—
      1. all fees and charges paid to the local authority pursuant to a scheme under regulation 65, and
      2. 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. 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 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.
  6. In this paragraph, “waste incineration installation” has the meaning given in Schedule 13.

Information no longer relevant for public participation

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

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

Contaminated Land

England

http://www.legislation.gov.uk/uksi/2006/1380/contents/made

Part 2A of the Environmental Protection Act 1990 (as amended and modified) sets out the provisions for identifying, remediating and regulating contaminated land. The local authority is the primary regulator, but some contaminated land will also be designated as ‘special sites’ (pursuant to the following regulations) which are regulated by the Environment Agency. The Agency's public register is only required to contain information about these ‘special sites’. The local authorities maintain the Public Registers for the ordinary contaminated land in their area.

In addition to regulating the significant harm and pollution of controlled waters caused by contaminated land, the regime was modified to enable it to also address harm from radioactivity - all such sites are ‘special sites’. They are regulated by the Environment Agency, and subject to the same public register requirements.

The Contaminated Land (England) Regulations 2006 SI 1380 set out provisions relating to the identification and remediation of contaminated land. The public register provisions are in Regulation 13 which refers to s.78R(1) of the Environmental Protection Act 1990 (EPA 90). The particulars to be included on the register are set out in Schedule 3 of the Contaminated Land regulations:

  1. remediation notices served by the Environment Agency - including
    1. the name and address of the person upon whom the notice is served
    2. the location and extent of the contaminated land
    3. the significant harm or pollution of controlled waters which resulted in it being identified as contaminated
    4. the contaminating substances
    5. the current land use
    6. what action the notice requires
    7. the date of the notice
  2. any appeal against a remediation notice served by the Environment Agency
  3. any decision on such an appeal
  4. remediation declarations [including similar information as for notices as set out above]
  5. in relation to a remediation notice, the location and extent of the land and the nature of the contamination [including similar information as for notices as set out above]
  6. remediation statements [including similar information as for notices as set out above]
  7. in relation to a remediation statement, the location and extent of the land and the nature of the contamination
  8. any appeal against a charging notice
  9. any decision on such an appeal
  10. designation of Special Sites, and any termination of all or part of that designation
  11. notification of remediation steps claimed to have been taken
  12. convictions under s.78M EPA 90
  13. the date of any guidance issued under s.78V(1) EPA 90
  14. where the Environment Agency is precluded from serving a remediation notice, the location and extent of land identified as contaminated land under Part 11A of the EPA 90 but which is subsequently dealt with under other environmental controls
  15. where the Environment Agency is precluded from serving a remediation notice, the location and extent of land identified as contaminated by the deposit of waste but which is dealt with by another authority
  16. where the Environment Agency is precluded by the existence of a water discharge activity in a permit from specifying remediation action, a copy of the permit, the location and extent of the land and the nature of the contamination

In relation to Regulations 14, 15 and 16, the register requires the inclusion of:

  1. location and extent of land
  2. the significant harm or pollution of controlled waters which resulted in it being identified as contaminated
  3. the contaminating substances
  4. the current land use
  5. steps taken under the regime to address the contamination

The register contains a note if any information has been excluded for reasons of national security under s.78S EPA 90 or for reasons of commercial confidence under s.78T EPA 90

Water Resources

The Water Abstraction and Impounding Register

http://www.legislation.gov.uk/ukpga/1991/57/contents

A register maintained under section 189 of the Water Resources Act 1991 and prescribed by Regulation 34 of SI 2006/641, the Water Resources (Abstraction & Impounding) Regulations 2006. In summary, details include:

  1. name and address of the applicant, date of the application and brief details of its proposal
  2. the Agency's decision (including refusal), date of decision and brief details of any licence granted or revocation or variation
  3. date (if any) on which a licence expires
  4. in relation to an appeal or application made directly to him, the Minister's decision, date of decision and brief details of any licence granted or revocation or variation
  5. name and address of a person who becomes the holder of a licence following its transfer or apportionment and details of the transfer notice or licence granted including: the date of the notice; date of effect and any date of expiry
  6. name and address of a person in whom a licence has vested following the death or bankruptcy of the holder and the date of vesting

Water Resources (Environmental Impact Assessment) (England and Wales) Regs 2003, SI 2003 no. 164 (as amended by SI 2006 no. 3124)

http://www.legislation.gov.uk/uksi/2003/164/contents/made

http://www.legislation.gov.uk/uksi/2006/3124/contents/made

The Environment Agency is required to keep a Register of environmental statements and further information

Regulation 16 states:

The Agency shall keep in the register maintained under section 189 of the 1991 Act (register of abstraction and impounding licences)—

  1. any determination under regulation 4 [whether a project is a relevant project] or 14 [any variation of a licence to abstract or impound];
  2. any environmental statement or further information furnished under regulation 6 [the statement and opinions of the Agency on its contents];
  3. any documents, other than the environmental statement prepared in accordance with regulations 5 and 6, which have been provided to the Agency and are relevant to the determination under regulation 14; and
  4. any further information which is relevant to the determination under regulation 14 and which becomes available to the Agency after the time that the public was given notice in accordance with section 52(4) of the 1991 Act [variation or revocation at the instance of the Agency or Secretary of State].

Provision of Information about Water Flow etc.

http://www.legislation.gov.uk/ukpga/1991/57/contents

A register held under section 197 of the Water Resources Act 1991

  1. information about the flow, level or volume of any inland waters or any water contained in underground strata, about rainfall or any fall of snow, hail or sleet or about the evaporation of any water.

Large Raised Reservoirs

http://www.legislation.gov.uk/ukpga/1975/23

Since the Water Act 2003 came into force, the duties in respect of this public register transferred from the Local Authorities to the Environment Agency. The register is held by the Environment Agency at the Exeter Regional Office. If information is requested, it can be provided on application to any office.

The Reservoirs Act 1975 (as amended by the Water Act 2003) states at s.2 that:

It shall be the duty of [each local authority] to establish and maintain for their area a register showing the large raised reservoirs situated wholly or partly in the area, and giving the prescribed information about each of them; and—

  1. the register maintained by [a local authority] under this subsection and copies of it or a prescribed part of it shall be kept at such place or places as may be prescribed; and
  2. the register so maintained, and any copy required under sub-paragraph (a) above to be kept at any place, shall be available for inspection at all reasonable times by any person.

Water Quality

The public register for Water Quality Discharge Consents (now Environmental Permits) is now held on the Public Register under the Environmental Permitting (England and Wales) Regulations 2010 (see above)

http://www.legislation.gov.uk/uksi/2010/675/contents/made

Pollution Control Registers

The information about water discharge consents and groundwater consents previously held under the Water Resources Act (WRA) 1991 s.190 and SI 1996 no. 2971 Control of Pollution (Applications, Appeals and Registers) Regulations and the Groundwater Regulations 2009 is now mostly held under the Environmental Permitting (England and Wales) Regulations 2010 SI 2010 no 675 (EPR), Regulation 46 and Schedule 24.

The following elements of the WRA pollution control registers remain in place:

WRA s.190(1)(a) a public register of notices of water quality objectives or other notices served as required under section 83 of the Water Resources Act 1991;

WRA s.190(1) (e) - a register of samples of water or effluent taken by the Agency for water pollution provisions, analyses; samples and analyses taken by others and acquired by the Agency for water pollution provisions and the steps taken in consequence of any such information (i.e. information relating to non-permitted discharges);

WRA s.190 (1) (l) directions given by the Secretary of State in relation to the Agency’s functions under the water pollution provisions of this Act;

WRA s.190 (1)(o) anti-pollution works notices served under section 161A of this Act;

WRA s. 190(1) (p) appeals under section 161C against anti-pollution works notices.

http://www.legislation.gov.uk/ukpga/1991/57/contents

Maps

Maps of Freshwater Limits

http://www.legislation.gov.uk/ukpga/1991/57/contents

Maps held under section 192 of the Water Resources Act 1991

  • maps of freshwater limits (and any changes to those limits) of controlled waters, ie. relevant rivers or watercourses

Maps of Main Rivers

http://www.legislation.gov.uk/ukpga/1991/57/contents

Maps held under section 193 of the Water Resources Act 1991

  • maps showing each area covered by the Agency's Regional Flood Defence Committees

Maps of Sensitive Areas and High Natural Dispersion Areas

http://www.legislation.gov.uk/uksi/1994/2841/contents/made

Information held under the Urban Waste Water Treatment (England and Wales) Regulations 1994, SI No.2841

  • maps of estuaries
  • maps of sensitive areas and high natural dispersion areas (HNDAs)
  • certificates of exemption from Urban Waste Water Treatment Regulations

Waste

The Register of Carriers of Controlled Waste

http://www.legislation.gov.uk/ukpga/1989/14/contents

http://www.legislation.gov.uk/uksi/1991/1624/contents/made

A public register maintained under section 2(2)(b) of the Control of Pollution (Amendment) Act 1989 and Regulation 3 of SI No. 1624 The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 and prescribed by Regulation 6 of SI No. 1991/1624 (since 14 October 1991)

Regulation 6 prescribes the following to be held on a public register:

  • entries showing persons as registered carriers of controlled waste with their allocated registration number, including any letter
  • the date the registration takes effect and the date of expiry
  • registered person's business name, address of his principal business office and telephone, telex or fax numbers, and if an individual, date of birth
  • for bodies corporate, the names of each director, manager, secretary or other similar officers and their dates of birth
  • for companies registered in Great Britain, the registered number, otherwise the country in which it was incorporated
  • relevant conviction details including person's name, details of the offence, date of conviction, penalty imposed, the name of the Court and, if an individual, their date of birth
  • details of waste management Licenses held

Schedule 3 sets out the details required for a certificate of registration under Regulation 6

  • date of renewal and revised expiry date
  • any other changes to registered details and the date of amendment
  • an index to allow members of the public to readily trace information on the register

The Register of Brokers of Controlled Waste

http://www.legislation.gov.uk/ukdsi/2011/9780111506462/contents

A public register held under Regulation 28 of the Waste (England & Wales) Regulations 2011

  • broker's registration number
  • date the registration takes effect and date of its expiry
  • broker's business name and address of the principal place of business including telephone number, telex or fax numbers and, if an individual, their date of birth
  • for corporate bodies, the names of each director, manager or similar position and their dates of birth
  • for companies registered in Great Britain, the registered number, otherwise the country in which it was incorporated
  • relevant conviction details including person's name, details of the offence, date of conviction, penalty imposed, the name of the Court and, if an individual, their date of birth
  • details of waste management Licenses held
  • date of renewal and revised expiry date
  • any other changes to registered details and the date of amendment

The Register of Dealers in Controlled Waste

http://www.legislation.gov.uk/ukdsi/2011/9780111506462/contents

Regulation 28 of the Waste (England & Wales) Regulations 2011 states that a register of professional dealers must be maintained, although details are not specified. Under the previous legislation the information to be held was:

  • name and address of the establishment or undertaking
  • address of its principal place of business
  • address of any place at or from which it carries on its business

The Register of Exempt Activities

http://www.legislation.gov.uk/ukdsi/2010/9780111491423/contents

A public register held under and prescribed by Schedule 2, paragraph 7 of the Environmental Permitting (England and Wales) Regulations 2010, particulars as set out in paragraph 6

For a waste operation:

  • name and address of the exempt operation, establishment or undertaking, and for a water discharge activity or a groundwater activity, the occupier or operator
  • description of the exempt activity
  • place where the activity occurs

If the waste operation is a WEEE operation:

  • type and quantity of waste subject to the operation
  • type and quantity of waste subject to the operation

The Producer Responsibility Register

http://www.legislation.gov.uk/uksi/2007/871/contents/made

A public register maintained under Regulation 33 (as detailed in Schedule 7) of SI No.871 The Producer Responsibility Obligations (Packaging Waste) Regulations 2010 as amended

the name and address of the registered office or principal place of business of :

  • each registered producer;
  • each registered operator of a scheme and each member of the scheme for which he is the operator; and
  • each accredited reprocessor and accredited exporter.

In relation to accredited reprocessors and exporters:

  • each material type accepted
  • in relation to any recovery operation to be used, the appropriate classification of the applicable operation provided for in Annex II of the Waster Directive;
  • in relation to the incineration at waste incineration plants with energy recovery, the appropriate classification of the applicable operation under Annex I or II of the Waste Directive;
  • whether the reprocessor or exporter is accredited to issue PRNs or PERNs for either 400 tonnes or less, or more than 400 tonnes of packaging waste;
  • the trading name, address and telephone number of the reprocessor or exporter;
  • the reprocessing site address for an accredited reprocessor;
  • the reference number supplied by the appropriate Agency;
  • whether or not the quarterly returns and annual returns have been provided in accordance with the conditions set out in paragraph 1(n) and (o) of Schedule 5.
  • Whether the appropriate Agency has served a notice to suspend or cancel accreditation; and
  • Whether accreditation has been suspended or cancelled.

A statement in relation to each registered producer as to whether a satisfactory certificate of compliance has been furnished.

A statement in relation to each registered operator of a scheme as to whether he has complied with his obligations under regulation 12(1).

For all registrations:

  • a note of any amendment made to any register entry and the date of amendment
  • an index to allow members of the public to readily trace information on the register

Waste Electrical & Electronic Equipment Regulations 2006

http://www.legislation.gov.uk/uksi/2006/3289/contents/made

For producers, Schedule 10 of the Regulations sets out the information to be held on a public register:

  1. The producer’s name.
  2. The address of the registered office or, where the producer is not a body corporate registered in the United Kingdom, the address of the principal place of business in the United Kingdom of that producer.
  3. The producer’s EEE producer registration number.
  4. The name of the scheme that the producer has joined indicating whether that producer has joined the scheme for the purposes of discharging his obligations under regulation 8(1) or 9(1) or both.
  5. The name of the operator of that scheme and the address of his registered office if he is a body corporate registered in the United Kingdom or, where he is not a body corporate registered in the United Kingdom, the address of his principal place of business in the United Kingdom.
  6. A description of the producer identification mark used on that producer’s products in compliance with regulation 16.

For schemes, Regulation 62 states —(1) The appropriate authority shall maintain and publish a list of—

  1. all schemes that it has approved under regulation 41; and
  2. the operators of the schemes referred to in sub-paragraph (a).

For Approved Authorised Treatment Facilities and Approved Exporters, Regulation 64 provides that —(1) The appropriate authority shall be under a duty to maintain and publish a list of all AATFs, operators of AATFs and approved exporters.

Waste Batteries & Accumulators Regulations 2009

http://www.legislation.gov.uk/uksi/2009/890/made

For producers Regulation 76 provides that —(1) The appropriate authority must maintain and make available in accordance with this regulation a register relating to—

  1. those producers who are registered with it in accordance with regulation 26; and
  2. those producers who are registered with the Secretary of State in accordance with regulation 42 and whose details have been provided to the appropriate authority by the Secretary of State under regulation 73(1), and containing the information specified in Schedule 6.

Schedule 6 specifies:

  1. The name of the producer and any brand name under which the producer operates in the United Kingdom.
  2. The following contact details for the producer—
    1. the full postal address (including post code) and telephone number of—
      1. the producer’s registered office; or
      2. if the producer is not a company registered in the United Kingdom, the producer’s principal place of business in the United Kingdom;
    2. a website address; and
    3. where available, a fax number and e-mail address.
  3. An address for service of notices on the producer if different from the addresses mentioned in paragraph 2.
  4. An indication of the categories of battery placed on the market by the producer.
  5. Information as to—
    1. whether the producer meets its responsibilities under these Regulations individually or collectively; and
    2. if collectively—
      1. the name of the battery compliance scheme;
      2. the name of the scheme operator; and
      3. the address and telephone number of the registered office of the scheme operator or, if not a company registered in the United Kingdom, the principal place of business and telephone number of the scheme operator in the United Kingdom.
  6. The producer’s battery producer registration number.
  7. The date of the application for registration.

For schemes Regulation 79 provides that —(1) The appropriate authority must maintain and publish a list of—

  1. all battery compliance schemes that it has approved under regulation 49; and
  2. the scheme operators

For approved battery treatment operators and approved exporters Regulation 80 provides that —(1) The appropriate authority must maintain and publish a list of all approved battery treatment operators and approved battery exporters.

Waste & Emissions Trading Act 2003

http://www.legislation.gov.uk/ukpga/2003/33/contents

Section 15 requires that the monitoring authority keeps a register and section 16 that it is made accessible to the public under Regulation 15 of the Landfill Allowances Scheme Regulations (in Wales) and Regulation 10 of the Landfill Allowances and Trading Regulations (in England)

Landfill Allowances Scheme (Wales) Regulations 2004

http://www.legislation.gov.uk/wsi/2004/1490/contents/made

The Environment Agency is the monitoring authority for the purposes of these regulations.

Regulation 10 provides that:

The monitoring authority must establish and maintain a landfill allowances register which, in relation to each waste disposal authority for each scheme year, contains—

  1. the allowance allocated under section 4 of the Act;
  2. any alteration of the allowance referred to in paragraph (a) under section 5 of the Act;
  3. the amount of biodegradable municipal waste sent to landfills by that waste disposal authority; and
  4. the balance of the following:
    1. the allowance registered under paragraph (a), as altered by any alteration registered under paragraph (b), (the “total allowance”); and
    2. the amount of biodegradable municipal waste sent to landfills by that waste disposal authority as registered under paragraph (c).

Landfill Allowances and Trading Scheme (England) Regulations 2004

http://www.legislation.gov.uk/uksi/2004/3212/introduction/made

NB These Regulations may be scrapped under government proposals (March 2012) as Ministers do not believe they are still necessary to achieve environmental goals, and their removal should result in cost reduction for business/others

Regulation 16 provides that:

  1. The monitoring authority must maintain a landfill allowances register.
  2. In relation to each waste disposal authority the landfill allowances register must contain—
    1. a landfill allowance account, and
    2. a transaction log.
  3. The landfill allowance account must record for each scheme year—
    1. the number and reference numbers of allowances allocated to the waste disposal authority under section 4 of the Act;
    2. any alteration of allocations under section 5 of the Act;
    3. the number and reference numbers of allowances banked, borrowed, or transferred to or from the account;
    4. the total number of allowances available to the authority;
    5. after the monitoring authority has complied with regulation 14(1)—
      1. the amount of biodegradable municipal waste sent to landfills by the authority,
      2. the number of landfill allowances needed to authorise the sending to landfills of that amount; and
    6. after the monitoring authority has complied with regulation 15—
      1. the number and reference number of any allowances which have been utilised,
      2. the number (if any) of landfill allowances which were available for the scheme year and were not utilised,
      3. the amount (if any) in tonnes by which biodegradable waste sent to landfills by the waste disposal authority exceeded the landfill allowances available to the authority.
  4. The transaction log must detail the following information in relation to the allocation, banking, borrowing, transfer, and withdrawal of landfill allowances—
    1. the date that the transaction is included in the register;
    2. the reference numbers of the landfill allowances allocated, banked, borrowed, transferred or withdrawn;
    3. in the case of a transfer the waste disposal authorities involved; and
    4. in the case of any banking or borrowing, the year—
      1. for which the landfill allowances were originally allocated,
      2. to which they have been banked or borrowed.
  5. At the end of the reconciliation period for a scheme year the landfill allowances register must record for that scheme year the total price (if any) paid by waste disposal authorities for the transfer of landfill allowances to that scheme year.

EU Emissions Trading

Stationary installations

http://www.legislation.gov.uk/uksi/2005/925/contents/made

Under the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (regulation 36), the regulator is required to publish the names of operators who are liable to the civil penalty for failing to surrender sufficient allowances to cover their reportable emissions. There are no other specific public register provisions but please see the Registry section below.

Aviation

http://www.legislation.gov.uk/uksi/2010/1996/contents/made

Under the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (regulation 49), the regulator is required to publish, by 30th June each year, a list of aircraft operators that are liable to the civil penalty for failing to surrender sufficient allowances to cover their aviation emissions. There are no other public register provisions but please see the Registry section below. Regulation 55 covers confidentiality of information provided by the aircraft operators and states that the regulator must not disclose or publish any information provided to it under the Regulations unless (a) disclosure is required in the Regulations or otherwise by law, necessary for the regulator to perform its functions or made with the consent of the person who provided the information or (b) disclosure is between the regulator and the Secretary of State.

Registry

The Environment Agency also maintains a Registry and acts as “registry administrator” under the EU ETS. Operators, aircraft operators and traders may hold accounts in the Registry. Article 74 (which refers to information contained in Annex XIII) of Commission Regulation (EU) No 920/2010 requires the registry administrator to publish certain information contained in the Registry on a publicly accessible website. Article 75 of the Regulation contains provisions about confidentiality of other information within the Registry.

NB. The 2005 and 2010 Regulations mentioned above are due to be revoked and will be replaced by a consolidated set of Regulations with effect from 1 January 2013. In addition, the Commission Regulation mentioned above will be largely replaced by a new Regulation on the same date.

The Control of Major Accidents and Hazards (COMAH) Regulations

The Control of Major Accidents and Hazards (COMAH) Regulations

http://www.legislation.gov.uk/uksi/1999/743/contents/made

The duty to keep a public register is found at Regulation 21 (4) of the Control of Major Accident Hazards Regulations 1999, SI 1999 No. 743

  1. • notifications to the Competent Authority under regulation 6
  2. notifications under regulation 16 (2)
  3. communications under regulation 17 (1)(a)
  4. COMAH improvement notices served under section 21 of HSW74
  5. COMAH prohibition notices served under regulation 18 (3)

We work with the Health and Safety Executive (HSE) and the Scottish Environment Protection Agency (SEPA) to implement the COMAH regulations. Public register details of all the COMAH establishments can be obtained from HSE at http://www.hse.gov.uk/comah/public-register.htm

HSE will provide, on request, an up to date list containing the name and address of the operator and whether the site is top or lower tier.