Access to Environmental Information Bill

House of Commons

Session 1998-99
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Access to Environmental Information Bill

A
B I L L
TO
Extend the right of citizens to information concerning certain activities which may affect the environment; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Pollutant release and transfer register.     1. - (1) The Secretary of State shall establish and maintain a pollutant release and transfer register ("the register").

    (2) The register shall-

(a) contain the information specified in, and in accordance with, the following provisions of this Act;

(b) be compiled from information furnished by annual standardised reporting in accordance with section 2, for use in a structured computer database which enables reports of each data item, individually and aggregated, to be produced electronically and on paper in respect of each reportable source;

(c) be established and maintained in respect of England, Wales, Scotland and Northern Ireland, in such manner as ensures that the register constitutes a coherent and compatible whole;

(d) be compiled by 30th June annually, from 30th June 2000 onwards, collated from information furnished in accordance with section 2 in respect of the immediately preceding calendar year.

    (3) The Secretary of State shall, after consulting such persons or bodies as he considers appropriate, publish guidance relating to the compilation, maintenance, accessibility and dissemination of the register.

Annual standardised reporting.     2. - (1) For the purpose of complying with his duty under section 1(1), on or before 31st December 1999, and thereafter annually on or before 31st December, the Secretary of State shall, by notice in writing served on any relevant person, require that person to furnish such information as is specified in the notice, in such form and within such period as is required by subsection (3).

    (2) The information to be furnished under subsection (1) shall be-

(a) taken from measurements; or

(b) estimated.

    (3) A person served with a notice under subsection (1) shall furnish the information required-

(a) by 31st January of the year following that in which the notice referred to in subsection (1) is served; or

(b) as otherwise specified in the notice.

Contents of the register.     3. The register shall contain, in respect of each calendar year from 1999 onwards, the following information-

(a) the precise geographic location (by 6-figure grid reference) of each reportable stationary source, set out individually and by category, and including the name, address and telephone number of the operator and of a responsible member of staff;

(b) the identification of the local geographical area of each reportable diffuse source set out individually and by category;

(c) a map indicating in sufficient detail each reportable source referred to in paragraphs (a) and (b);

(d) a list of reportable substances in respect of each reportable source;

(e) quantities of each reportable substance released or transferred, including accidental releases, from a reportable source-

(i) to air and atmosphere;

(ii) to relevant waters;

(iii) to sewers;

(iv) to land;

(v) to any relevant waste facility, specified by location and type; and

(vi) into products;

(f) quantities of reportable and other substances, of the raw and auxiliary materials and of the energy and water used in or generated by the reportable source;

(g) the maximum quantity of each reportable substance on site at the reportable stationary source during that year;

(h) the basis for estimating quantities where measurements are not furnished under section 2;

(i) common codes as identifiers for data items;

(j) in respect of each calendar year from 2001 onwards, the reason for any change from the quantities which were reported under section 2 for the immediately preceding year.

Right of petition.     4. - (1) Any person may petition the Secretary of State for a substance to be added to the list of reportable substances on the basis that it has one or more of the hazardous properties or characteristics set out in the Schedule.

    (2) Within 180 days of receipt of such a petition, the Secretary of State shall either-

(a) if he considers that the substance has one or more of those properties or characteristics, make regulations to add it to the list of reportable substances; or

(b) if he does not so consider, inform the petitioner in writing of the grounds on which the petition is denied.

Public access to the register.     5. - (1) The Secretary of State shall ensure that-

(a) the register is established and maintained in both electronic and paper forms;

(b) the electronic form of the register is made accessible to members of the public, libraries and schools through a public telecommunications network free of any charge levied by the Secretary of State;

(c) the paper form of the register is disseminated to-

(i) each local authority in which reportable sources are located;

(ii) each library and school within each such local authority;

(iii) the office of the relevant agency nearest to a reportable source;

(iv) at least one local newspaper circulating in the vicinity of each reportable source,

insofar as the information on the register relates to those sources;

(d) members of the public residing in the vicinity of a reportable stationary source receive reasonable assistance in obtaining and understanding the information contained on the register in respect of that source;

(e) the paper form of the register held by him is made available, at all reasonable times, for inspection by the public free of charge;

(f) members of the public may obtain copies of entries in the register held by him upon payment of reasonable photocopying charges;

(g) the existence of the register is publicised.

    (2) In this section and in section 6, "relevant agency" means-

(a) in respect of England and Wales, the Environment Agency;

(b) in respect of Scotland, the Scottish Environment Protection Agency; and

(c) in respect of Northern Ireland, the Department of the Environment (Northern Ireland).

    (3) The duties of the Secretary of State under paragraphs (c)(i) and (ii), (d), (e), (f) and (g) of subsection (1) shall extend to each relevant agency and local authority in respect of the registers held by them.

    (4) No information shall be withheld from the register or the public unless, in relation to any person, its disclosure would cause substantial harm to his competitive position, insofar as any such harm arises from the use of information which is confidential to that person by a competitor of his and provided that such information relating to releases into the environment shall not be withheld.

    (5) Nothing in subsection (4) shall authorise the withholding of any information where disclosure is required under any other enactment.

    (6) Where any information is withheld from the register, the register shall indicate what type of information has been withheld.

    (7) Without prejudice to subsection (1)(b), where any person requests the Secretary of State, the relevant agency or the local authority, as the case may be, to make available information on the register in electronic form, that information shall be made available to him in that form.

Charges.     6. - (1) The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing charges payable by persons served with notices under section 2.

    (2) The Secretary of State shall, on making or revising a scheme under subsection (1), lay a copy of the scheme or of the alterations made in the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament.

    (3) In making a scheme under subsection (1), the Secretary of State shall, so far as practicable, secure that the charges payable under the scheme are sufficient, taking one financial year with another, to cover the expenditure incurred by the Secretary of State, each relevant agency and local authority in exercising their functions under this Act.

© Parliamentary copyright 1999
Prepared 25 February 1999

Access to Environmental Information Bill

	A B I L L TO Extend the right of citizens to information concerning certain activities which may affect the environment; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Pollutant release and transfer register.	1. - (1) The Secretary of State shall establish and maintain a pollutant release and transfer register ("the register").
	(2) The register shall-
	(a) contain the information specified in, and in accordance with, the following provisions of this Act;
	(b) be compiled from information furnished by annual standardised reporting in accordance with section 2, for use in a structured computer database which enables reports of each data item, individually and aggregated, to be produced electronically and on paper in respect of each reportable source;
	(c) be established and maintained in respect of England, Wales, Scotland and Northern Ireland, in such manner as ensures that the register constitutes a coherent and compatible whole;
	(d) be compiled by 30th June annually, from 30th June 2000 onwards, collated from information furnished in accordance with section 2 in respect of the immediately preceding calendar year.
	(3) The Secretary of State shall, after consulting such persons or bodies as he considers appropriate, publish guidance relating to the compilation, maintenance, accessibility and dissemination of the register.
Annual standardised reporting.	2. - (1) For the purpose of complying with his duty under section 1(1), on or before 31st December 1999, and thereafter annually on or before 31st December, the Secretary of State shall, by notice in writing served on any relevant person, require that person to furnish such information as is specified in the notice, in such form and within such period as is required by subsection (3).
	(2) The information to be furnished under subsection (1) shall be-
	(a) taken from measurements; or
	(b) estimated.
	(3) A person served with a notice under subsection (1) shall furnish the information required-
	(a) by 31st January of the year following that in which the notice referred to in subsection (1) is served; or
	(b) as otherwise specified in the notice.
Contents of the register.	3. The register shall contain, in respect of each calendar year from 1999 onwards, the following information-
	(a) the precise geographic location (by 6-figure grid reference) of each reportable stationary source, set out individually and by category, and including the name, address and telephone number of the operator and of a responsible member of staff;
	(b) the identification of the local geographical area of each reportable diffuse source set out individually and by category;
	(c) a map indicating in sufficient detail each reportable source referred to in paragraphs (a) and (b);
	(d) a list of reportable substances in respect of each reportable source;
	(e) quantities of each reportable substance released or transferred, including accidental releases, from a reportable source-
	(i) to air and atmosphere;
	(ii) to relevant waters;
	(iii) to sewers;
	(iv) to land;
	(v) to any relevant waste facility, specified by location and type; and
	(vi) into products;
	(f) quantities of reportable and other substances, of the raw and auxiliary materials and of the energy and water used in or generated by the reportable source;
	(g) the maximum quantity of each reportable substance on site at the reportable stationary source during that year;
	(h) the basis for estimating quantities where measurements are not furnished under section 2;
	(i) common codes as identifiers for data items;
	(j) in respect of each calendar year from 2001 onwards, the reason for any change from the quantities which were reported under section 2 for the immediately preceding year.
Right of petition.	4. - (1) Any person may petition the Secretary of State for a substance to be added to the list of reportable substances on the basis that it has one or more of the hazardous properties or characteristics set out in the Schedule.
	(2) Within 180 days of receipt of such a petition, the Secretary of State shall either-
	(a) if he considers that the substance has one or more of those properties or characteristics, make regulations to add it to the list of reportable substances; or
	(b) if he does not so consider, inform the petitioner in writing of the grounds on which the petition is denied.
Public access to the register.	5. - (1) The Secretary of State shall ensure that-
	(a) the register is established and maintained in both electronic and paper forms;
	(b) the electronic form of the register is made accessible to members of the public, libraries and schools through a public telecommunications network free of any charge levied by the Secretary of State;
	(c) the paper form of the register is disseminated to-
	(i) each local authority in which reportable sources are located;
	(ii) each library and school within each such local authority;
	(iii) the office of the relevant agency nearest to a reportable source;
	(iv) at least one local newspaper circulating in the vicinity of each reportable source,
	insofar as the information on the register relates to those sources;
	(d) members of the public residing in the vicinity of a reportable stationary source receive reasonable assistance in obtaining and understanding the information contained on the register in respect of that source;
	(e) the paper form of the register held by him is made available, at all reasonable times, for inspection by the public free of charge;
	(f) members of the public may obtain copies of entries in the register held by him upon payment of reasonable photocopying charges;
	(g) the existence of the register is publicised.
	(2) In this section and in section 6, "relevant agency" means-
	(a) in respect of England and Wales, the Environment Agency;
	(b) in respect of Scotland, the Scottish Environment Protection Agency; and
	(c) in respect of Northern Ireland, the Department of the Environment (Northern Ireland).
	(3) The duties of the Secretary of State under paragraphs (c)(i) and (ii), (d), (e), (f) and (g) of subsection (1) shall extend to each relevant agency and local authority in respect of the registers held by them.
	(4) No information shall be withheld from the register or the public unless, in relation to any person, its disclosure would cause substantial harm to his competitive position, insofar as any such harm arises from the use of information which is confidential to that person by a competitor of his and provided that such information relating to releases into the environment shall not be withheld.
	(5) Nothing in subsection (4) shall authorise the withholding of any information where disclosure is required under any other enactment.
	(6) Where any information is withheld from the register, the register shall indicate what type of information has been withheld.
	(7) Without prejudice to subsection (1)(b), where any person requests the Secretary of State, the relevant agency or the local authority, as the case may be, to make available information on the register in electronic form, that information shall be made available to him in that form.
Charges.	6. - (1) The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing charges payable by persons served with notices under section 2.
	(2) The Secretary of State shall, on making or revising a scheme under subsection (1), lay a copy of the scheme or of the alterations made in the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament.
	(3) In making a scheme under subsection (1), the Secretary of State shall, so far as practicable, secure that the charges payable under the scheme are sufficient, taking one financial year with another, to cover the expenditure incurred by the Secretary of State, each relevant agency and local authority in exercising their functions under this Act.