Sea deposit public registers: EPA 1990 s. 147
EPA 1990 s. 147 requires licensing authorities to keep public registers of sea deposit licences. Commercial info stays withheld for a period of four years.
In Part II of the Food and Environment Protection Act 1985, for section 14 (registers of licences) there shall be substituted the following section— It shall be the duty of each licensing authority, as respects licences for which it is the licensing authority, to maintain, in accordance with regulations, a register containing prescribed particulars of or relating to— applications for licences made to that authority; the licences issued by that authority; variations of licences effected by that authority; revocations of licences effected by that authority; convictions for any offences under section 9 above; information obtained or furnished in pursuance of section 8(3), (4) or (5) above; the occasions on which either of the Ministers has carried out any operation under section 10 above; and such other matters relating to operations for which licences are needed under this Part of this Act as may be prescribed. No information shall be included in any register which, in the opinion of either of the Ministers, is such that its disclosure on the register— would be contrary to the interests of national security, or would prejudice to an unreasonable degree some person’s commercial interests. Information excluded from a register by virtue of subsection (2)(b) above shall be treated as ceasing to prejudice a person’s commercial interests at the expiry of the period of four years beginning with the date on which the Minister made his decision under that subsection; but, on the application of any person to whom it relates, the Minister shall decide whether the information should be included or continue to be excluded from the register. Where information of any description is excluded from a register by virtue of subsection (2)(b) above, a statement shall be entered in the register indicating the existence of information of that description. It shall be the duty of each licensing authority— to secure that the register maintained by the authority under this section is available, at all reasonable times, for inspection by the public free of charge; and to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges. Registers under this section may be kept in any form. In this section “ prescribed ” means prescribed in regulations. Either of the Ministers may exercise any power to make regulations under this section and any such power shall be exercisable by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision replaces section 14 of the Food and Environment Protection Act 1985. It places a legal duty on marine licensing authorities to maintain public registers concerning licences for depositing material at sea or carrying out incineration at sea. The register must record applications, issued licences, variations, revocations, convictions, and related statutory information.
Licensing authorities must make these registers available for public inspection free of charge at all reasonable times. Members of the public are entitled to obtain copies of register entries upon paying reasonable charges, and authorities may keep the records in any format.
Information must be excluded from the register if the Minister considers its release contrary to national security or harmful to commercial interests to an unreasonable degree. Information withheld for commercial sensitivity automatically loses that protection at the expiry of a period of four years, unless the Minister approves a renewal application.
When it applies
- Inspecting a public register of marine deposit licences free of charge at a licensing authority office.
- Withholding sensitive commercial information from a sea deposit licence register for a period of four years.
- Applying to the Minister to extend commercial confidentiality on register details beyond four years.
- Paying a reasonable fee to obtain printed copies of marine licence register entries.
What this section does not say
- Offences and penalties for polluting controlled inland or coastal waters, governed by section 145.
- Regulations controlling the transboundary import, export, or transit of waste under section 141.
- Substantive licensing rules for depositing articles at sea, set out in section 146.
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This page reproduces the text of EPA 1990 s. 147 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.