Duty to maintain public waste registers EPA 1990 s. 64
EPA 1990 s. 64 requires waste authorities to keep public registers of waste licences—including recently current ones for twelve months—free to inspect.
Subject to sections 65 and 66 below, it shall be the duty of each waste regulation authority to maintain a register containing prescribed particulars of or relating to— current or recently current licences (“licences”) granted by the authority; current or recently current applications to the authority for licences; applications made to the authority under section 37 above for the modification of licences; notices issued by the authority under section 37 above effecting the modification of licences; notices issued by the authority under section 38 above effecting the revocation or suspension of licences or imposing requirements on the holders of licences; appeals under section 43 above relating to decisions of the authority; certificates of completion issued by the authority under section 39(9) above; notices issued by the authority imposing requirements on the holders of licences under section 42(5) above; convictions of the holders of licences granted by the authority for any offence under this Part (whether in relation to a licence so granted or not); the occasions on which the authority has discharged any function under section 42 or 61 above; directions given to the authority under any provision of this Part by the Secretary of State; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . such matters relating to the treatment, keeping or disposal of waste in the area of the authority or any pollution of the environment caused thereby as may be prescribed; and any other document or information required to be kept in the register under any provision of this Act. Where information of any description is excluded from any register by virtue of section 66 below, a statement shall be entered in the register indicating the existence of information of that description. The Secretary of State may give to a waste regulation authority directions requiring the removal from any register of its of any specified information not prescribed for inclusion under subsection (1) above or which, by virtue of section 65 or 66 below, ought to be excluded from the register. For the purposes of subsection (1) above licences are “recently” current for the period of twelve months after they cease to be in force and applications for licences are “recently” current if they relate to a licence which is current or recently current or, in the case of an application which is rejected, for the period of twelve months beginning with the date on which the waste regulation authority gives notice of rejection or, as the case may be, on which the application is deemed by section 36(9) above to have been rejected. It shall be the duty of each waste collection authority in England or Wales . . . to maintain a register containing prescribed particulars of such information contained in any register maintained under subsection (1) above as relates to the treatment, keeping or disposal of controlled waste in the area of the authority. The waste regulation authority in relation to England and Wales shall furnish any waste collection authorities in its area with the particulars necessary to enable them to discharge their duty under subsection (4) above. Each waste regulation authority and waste collection authority (a) shall secure that any register maintained under this section is open to inspection . . . by members of the public free of charge at all reasonable hours and (b) shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. Registers under this section may be kept in any form. In this section “ prescribed ” means prescribed in regulations by the Secretary of State.
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
Waste regulation authorities and waste collection authorities must maintain public registers containing details of waste management licences, applications, licence modifications, suspensions, revocations, appeals, completion certificates, and convictions of licence holders.
Members of the public have a right to inspect these registers free of charge during reasonable hours. Authorities must also provide facilities for members of the public to obtain copies of entries upon payment of reasonable charges.
Licences and rejected licence applications remain on the register as recently current for a period of twelve months after they expire or are rejected. Information can be excluded from the register under section 65 for national security or section 66 for commercial confidentiality.
When it applies
- Checking whether a nearby waste processing facility holds a current or recently current licence.
- Inspecting public records to see if a local waste licence holder has convictions for offences under this Part.
- Requesting paper copies of a waste licence application entry from the waste collection authority for a reasonable fee.
- Verifying whether a modification notice under section 37 or suspension notice under section 38 has been issued against a operator.
What this section does not say
- Excluding register entries on the grounds of national security, which is governed by section 65.
- Excluding commercially confidential details from public view, which is governed by section 66.
- Obtaining information directly from individuals or operators via formal notices, which is governed by section 71.
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This page reproduces the text of EPA 1990 s. 64 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.