Access to Environmental Information Bill

Access to Environmental Information Bill - continued	House of Commons

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Offences.	7. - (1) It is an offence for any person to-
	(a) fail to provide information to the Secretary of State under section 2(3);
	(b) make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made in purported compliance with a requirement to provide information under this Act;
	(c) fail to pay any charge payable by virtue of section 6.
	(2) A person guilty of an offence under subsection (1) shall be liable-
	(a) on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding three months, or to both;
	(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
Prescribed substances and preparations.	8. - (1) The Schedule shall have effect.
	(2) The Secretary of State shall prescribe in regulations made by him for the purposes of this Act those substances and preparations which in his opinion have one or more of the hazardous properties or characteristics set out in the Schedule.
	(3) In making regulations under this section, the Secretary of State may, taking into account the purposes of this Act, provide for the exemption from the provisions of this Act of quantities of-
	(a) substances; and
	(b) materials, energy and water within the scope of section 3
	below such threshold levels as may be prescribed therein.
Interpretation.	9. In this Act-
	"controlled waste" has the same meaning, in respect of England, Wales, and Scotland as under Part II of the Environmental Protection Act 1990, and, in respect of Northern Ireland, as under the Waste and Contaminated Land (Northern Ireland) Order 1997;
	"radioactive waste" has the same meaning as in section 2 of the Radioactive Substances Act 1993;
	"relevant person" means-
	(a) in respect of a reportable stationary source, the operator of that source; or
	(b) in respect of a reportable diffuse source, any such person as shall be prescribed in regulations made by the Secretary of State;
	"relevant waste facility" means any premises or plant treating, keeping or disposing of controlled waste and of radioactive waste;
	"relevant waters" means-
	(a) in respect of England and Wales, controlled waters as defined in section 104 of the Water Resources Act 1991;
	(b) in respect of Scotland, controlled waters as defined in section 30A of the Control of Pollution Act 1974;
	(c) in respect of Northern Ireland, waterways and underground strata as defined in section 30 of the Water Act (Northern Ireland) 1972,
	as well as the territorial waters of the United Kingdom, the whole of the sea within the seaward limits of those territorial waters, and the sea above the sea-bed and subsoil outside territorial waters to which section 1(1) of the Continental Shelf Act 1964 applies;
	"reportable diffuse source" means a source, not being a reportable stationary source, from which releases or transfers are made where those releases or transfers are from any-
	(a) form of transport as prescribed in regulations made by the Secretary of State; or
	(b) other diffuse source as may be so prescribed;
	"reportable source" means a reportable stationary source or a reportable diffuse source;
	"reportable stationary source" means a source from which releases or transfers are made where those releases or transfers are from any-
	(a) process which is a prescribed process as defined-
	(i) in respect of England and Wales, and Scotland, under Part 1 of the Environmental Protection Act 1990; and
	(ii) in respect of Northern Ireland, under the Industrial Pollution Control (Northern Ireland) Order 1997;
	(b) activity listed in Annex 1 of Council Directive 96/61/EC of 24 September 1996, concerning integrated pollution prevention and control;
	(c) activity which requires a site licence as defined-
	(i) in respect of England and Wales, and Scotland, under Part II of the Environmental Protection Act 1990; and
	(ii) in respect of Northern Ireland, under the Waste and Contaminated Land (Northern Ireland) Order 1997;
	(d) activity which requires a discharge consent-
	(i) in respect of England and Wales, under Part III, Chapter II of the Water Resources Act 1991;
	(ii) in respect of Scotland, under Part II of the Control of Pollution Act 1974; and
	(iii) in respect of Northern Ireland, Part II of the Water Act (Northern Ireland) 1972;
	(e) activity which requires a trade effluent consent or agreement-
	(i) in respect of England and Wales, under Chapter III of the Water Industry Act 1991;
	(ii) in respect of Scotland, under the Sewerage (Scotland) Act 1968; and
	(iii) in respect of Northern Ireland, under Part V of the Water and Sewerage Services (Northern Ireland) Order 1973;
	(f) any disposal or accumulation of radioactive waste within the scope of sections 13(1) and 14(1), respectively, of the Radioactive Substances Act 1993;
	(g) activity which requires a production licence under the Petroleum (Production) Act 1934 and regulations made thereunder; and
	(h) other stationary sources prescribed in regulations made by the Secretary of State;
	"reportable substance" means a substance or preparation prescribed in regulations made by the Secretary of State under sections 4(2)(a) or 8(2); and "substance" shall include a preparation.
Regulations.	10. Any power to make regulations under this Act shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Financial provisions.	11. - (1) There shall be paid out of moneys provided by Parliament any expenses incurred by-
	(a) the Secretary of State;
	(b) local authorities;
	(c) the Environment Agency; or
	(d) the Scottish Environment Protection Agency
	under or by virtue of this Act.
	(2) There shall be paid into the Consolidated Fund any charges received under this Act.
Short title and extent.	12. - (1) This Act may be cited as the Access to Environmental Information Act 1999.
	(2) This Act extends to Northern Ireland.

Prepared 25 February 1999