The Environmental Authorisations (Scotland) Regulations 2018

	Information
1.	The particulars specified in regulation 12(3)(c) of any notification made to SEPA that a regulated activity is being, or is proposed to be, carried on.
2.	Any application made to SEPA for a registration. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
3.	Any application made to SEPA for a permit. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
4.	Any application made to SEPA for variation of a permit or a registration. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
5.	Any application made to SEPA for transfer of a permit or registration.
6.	Any application made to SEPA for surrender of a permit or registration. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
7.	Any modifications accepted by SEPA to an application.
7A	Any notice given by SEPA to an applicant under paragraph 6 of schedule 1, and where applicable, any information provided in response to such a notice.
8.	Any notice of surrender of a notification received by SEPA. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
9.	Any application for consolidation of a permit or registration.
10.	Any consultation carried out by SEPA
11	Any representations made to SEPA—
11	ain response to a consultation by SEPA as part of its public participation functions; andbwhere the person who made the representations requests these to be made available to the public at the time when representations are made.
12.	Any notice given to SEPA by an authorised person required by these Regulations.
13.	Any permit or registration granted by SEPA. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
13A	Any licence, permit, registration or authorisation granted by SEPA which is a deemed permit, registration or authorisation under these Regulations.
14.	Any variation, transfer, consolidation or surrender of a permit or registration made or granted by SEPA. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
15.	Any revocation by SEPA of an authorisation. Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
16.	Any regulatory notice issued by SEPA.
17.	Any costs recovery notice issued by SEPA.
18.	Any fixed monetary penalty imposed by SEPA.
19.	Any variable monetary penalty imposed by SEPA.
20.	Any VMP undertaking accepted by SEPA.
21.	Any non-compliance penalty imposed by SEPA.
22.	Any enforcement undertaking accepted by SEPA.
23.	Any certificate of non-compliance issued by SEPA.
24.	Any notice served by SEPA withdrawing, varying or revoking another notice served by SEPA under these Regulations.
25.	Any notice of appeal against a decision by or notice issued by SEPA.
26.	The grounds of appeal submitted by the appellant.
27.	Any correspondence between the appellant and SEPA in connection with the appeal.
28.	Any representations made by any person in response to a notice by SEPA under paragraph 6 of schedule 4 advising of an appeal, but only if, or to the extent that, the person requests that these be made available to the public at the time when the representations are made.
29.	Any determination of an appeal, including any report accompanying a determination.
30.	Any information relating to the monitoring of emissions or other parameters held by SEPA and provided by an authorised person in compliance with a condition of an authorisation.
31.	Any other information given to SEPA in compliance with a condition of a permit or registration, or a general binding rule, or a notice.
32.	Any information held by SEPA as a result of its monitoring of emissions or compilation of information relating to the environment, but only in so far as it relates to—
32.	aemissions from a regulated activity; orbthe impact on the environment from a regulated activity.Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.
33.	Any licence, permit, registration or authorisation granted by SEPA which ceased to have effect on either—
33.	athe coming into force of these Regulations; orbthe grant of an authorisation.
34.	Any direction given to SEPA by Scottish Ministers under these Regulations.
35.	The information referred to in paragraph 30(d) of schedule 8 (information relating to dose estimates).
36.	Information relating to the regulation of radiation sources.
37.	An outline of a radioactive substances activities programme of inspections (as defined in schedule 8).
38.	A summary of the main findings from the implementation of the radioactive substances activities programme of inspections (as defined in schedule 8).
39.	Any exemptions applied by SEPA in accordance with regulation 24(3) of the 2013 Regulations.
40.	Notification of a refusal by SEPA under paragraph 9(1) of schedule 1 for an application in relation to a waste incineration plant or waste co-incineration plant.
41	A list of all waste incineration plant and co-incineration plant with a nominal capacity of less than 2 tonnes per hour in operation.
	In relation to any decision on an application or SEPA initiated variation for a schedule 20 emissions activity—
	(a) notification of a refusal by SEPA under paragraph 9(1) of schedule 1,
	(b) the reasons for any decision under paragraph 9(1) of schedule 1,
	(c) how any representations made in response to a consultation by SEPA were taken into account by SEPA in reaching their decision,
	(d) the title of the BAT reference documents as defined in paragraph 3(1) of schedule 19, relevant to the activity,
42.	(e) how the permit conditions, including emission limit values have been determined in relation to the best available techniques and emission levels associated with the best available techniques,
42.	(f) where a derogation is granted under paragraph 9(6) of schedule 20, the reasons for that derogation with reference to the criteria in paragraph 9(6) of schedule 20,
42.	(g) that the decision is subject to consultations with a neighbouring state(s) as a result of paragraph 18 of schedule 20.
42.	The information in sub-paragraphs (a), (b) (f) must be made available electronically.
43.	In relation to a decision to grant a surrender application for a schedule 20 emissions activity, a copy of any notice issued by SEPA under paragraph 15(5)(b) of schedule 1 confirming that steps specified in a surrender notice have been satisfied.This information must be made available electronically.
44.	The site visit report in relation to an inspection conducted under paragraph 14 of schedule 20.

1

In this schedule, “fixed monetary penalty”, “variable monetary penalty”, “VMP undertaking”, “enforcement undertaking”, “non-compliance penalty” and “certificate of non-compliance ... have the same meaning as in the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 .

SCHEDULE 4 — PROVISIONS RELATING TO APPEALS

PART 1 — Appeals procedure

1

A person who wishes to appeal under regulation 55 must give to the Scottish Ministers written notice of the appeal together with the documents specified in paragraph 2 and must at the same time send to SEPA a copy of that notice together with copies of the documents specified.

2

The documents specified are—

• (a) a written statement of the grounds of appeal;

• (b) a copy of any relevant application;

• (c) a copy of any relevant authorisation;

• (d) a copy of any relevant correspondence between the appellant and SEPA; and

• (e) a copy of any decision or notice which is the subject of the appeal.

3

An appellant may withdraw an appeal by notice to the Scottish Ministers in writing, and must send a copy of that notice to SEPA.

4

Subject to paragraph 5, notice of appeal in accordance with paragraph 1 is to be given—

• (a) in the case of an appeal in relation to a revocation notice issued under regulation 31, before the date on which the revocation notice takes effect;

• (b) in the case of an appeal in relation to an application for an authorisation deemed to be withdrawn by SEPA under paragraph 6(3) or 8(3) of schedule 1, before the expiry of the period of 28 days beginning with the date of the notice of deemed withdrawal which is the subject of the appeal;

• (c) in the case of an appeal in relation to an information notice served under regulation 37, before the expiry of the period of 28 days beginning with the date of the notice ... which is the subject of the appeal;

• (d) in the case of an appeal by a person whose consent is required for another person to comply with an off-site condition which has been included in a notice or permit, before the expiry of the period of 28 days beginning with the date that a copy of the notice or permit is given to that person under paragraph 4 of schedule 2;

• (e) in the case of an appeal in relation to a decision by SEPA under regulation 41 or 42 that information is not commercially confidential, before the expiry of the period of 28 days beginning with the date of the notice of determination which is the subject of the appeal;

• (f) in the case of an appeal in relation to a regulatory notice served under regulation 46, before the expiry of the period of 28 days beginning with the day on which the notice which is the subject of the appeal was given;

• (g) in the case of an appeal in relation to a costs recovery notice served under regulation 51—

• (i) before the expiry of the period of 28 days beginning with the date of the notice which is the subject of the appeal; or

• (ii) if the appellant has requested a breakdown of costs under regulation 51(5), before the expiry of the period of 28 days beginning with the day after the day on which SEPA provided the breakdown;

• (h) before the expiry of the period of 2 months beginning with the date of the notice which is the subject of the appeal in the case of each of—

• (i) an appeal in relation to a refusal of a permit or registration under paragraph 9 of schedule 1;

• (ii) an appeal in relation to a deemed refusal of a permit or registration under paragraph 10(1) of schedule 1;

• (iii) an appeal in relation to a refusal of an application to vary a permit under regulation 25;

• (iv) an appeal in relation to the conditions attached to a permit under regulation 22 or 25;

• (v) an appeal in relation to a refusal or deemed refusal of an application under regulation 27 to transfer a permit;

• (vi) an appeal in relation to the conditions attached to an authorisation to take account of a transfer;

• (vii) an appeal in relation to a refusal or a deemed refusal to transfer the duty to comply with a revocation notice under regulation 29;

• (viii) an appeal in relation to a refusal or deemed refusal of an application under regulation 30 to surrender an authorisation;

• (ix) an appeal in relation to a step specified in a surrender notice served by SEPA under paragraph 15 of schedule 1;

• (x) an appeal in relation to the form of authorisation granted.

5

The Scottish Ministers may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in paragraph 4.

6

SEPA must, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give written notice of it to—

• (a) where the appeal is against an matter which was subject to public consultation under paragraph 8 of schedule 1, any person who made a representation to SEPA in connection with the matter; and

• (b) any other person whom SEPA considers it appropriate to notify.

7

A notice under paragraph 6 must—

• (a) describe the subject of the appeal;

• (b) include a statement that representations with respect to the appeal may be made to the Scottish Ministers in writing within a period of 21 days beginning with the date of the notice;

• (c) explain that any representations will be made available to the appellant;

• (d) explain that any representations will not be made available to the public under regulation 38 unless the person requests in writing at the time that representations are made that they are made available to the public and if the representations are not made available, SEPA will make available to the public confirmation that—

• (i) a representation has been made; and

• (ii) the person making the representation has requested the representation not to be made public; and

• (e) explain that if a hearing is to be held wholly or partly in public, a person who makes representations with respect to the appeal will be notified of the date of the hearing.

8

SEPA must within 14 days of sending a notice under paragraph 6 notify the Scottish Ministers of the persons to whom and the date on which the notice was sent.

9

In the event of an appeal being withdrawn, SEPA must give written notice of the withdrawal to every person to whom notice was given under paragraph 6.

10

SEPA must make any written representations to the Scottish Ministers not later than 28 days (or such longer period as may be set by the Scottish Ministers) after receiving a copy of the documents specified in paragraph 2.

11

The appellant must make any further written representations by way of reply to any representations from SEPA not later than 28 days (or such longer period as may be set by the Scottish Ministers) after receiving a copy of SEPA's representations.

12

When SEPA or the appellant makes any representations to the Scottish Ministers they must at the same time send a copy of the representations to the other party.

13

The Scottish Ministers must send to the appellant and SEPA a copy of any representations made to them by persons to whom notice was given under paragraph 6 and must allow the appellant and SEPA a period of not less than 14 days in which to make written representations on them.

14

The Scottish Ministers may require exchanges of written representations between the parties in addition to those mentioned in paragraphs 10 and 11.

PART 2 — Public hearings

15

Before determining an appeal under regulation 56, the Scottish Ministers may afford the appellant and SEPA an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers (the “appointed person”).

16

A hearing may, if the appointed person so decides, be held wholly or partly in private.

17

Where the Scottish Ministers cause a hearing to be held, they must give the appellant and SEPA at least 28 days' written notice (or such shorter period of notice as they may agree with the appellant and SEPA) of the date, time and place fixed for the holding of the hearing.

18

Where any part of a hearing is to be held in public, the Scottish Ministers must, at least 21 days before the date fixed for the holding of the hearing—

• (a) publish notice of the date, time and place fixed for the holding of the hearing in a newspaper circulating in the locality in which the regulated activity which is the subject of the appeal is carried on or is to be carried on; and

• (b) give written notice of the date, time and place fixed for the holding of the hearing to every person who received notice under paragraph 6 and who has made representations to the Scottish Ministers.

19

The Scottish Ministers may vary the date fixed for the holding of any hearing, and must give such notice of the variation as appears to them to be reasonable.

20

The persons entitled to be heard at a hearing are—

• (a) the appellant; and

• (b) SEPA.

21

Nothing in paragraph 20 prevents the appointed person from allowing any other persons to be heard at the hearing and such permission must not be unreasonably withheld.

22

The appointed person must cause notice of the time and place of the hearing to be given to persons appearing to him or her to be interested.

23

The appointed person may—

• (a) by notice in writing require—

• (i) a person to attend a hearing, at a time and place stated in the notice, to give evidence;

• (ii) a person to produce any documents, books or other data in the custody or under the control of the person which relate to any matter in question at the hearing; and

• (b) take evidence on oath, and for that purpose administer oaths.

24

But the appointed person may not require any person to produce any book or document or to answer any question which that person would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the hearing were a proceeding in a court of law.

25

• (1) A person who is required to give evidence at a hearing or to produce any such books or other documents is entitled to have such reasonable expenses of attendance and production of books or other documents paid to him or her.

• (2) The expenses are to be treated as part of the expenses of the hearing.

26

• (1) The Scottish Ministers or the appointed person may treat as expenses incurred by them or him or her in relation to the hearing—

• (a) the standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the hearing sits or the appointed person is otherwise engaged on work connected with the hearing;

• (b) expenses actually incurred in connection with the hearing on travelling or subsistence allowances or the provision of accommodation or other facilities for the hearing;

• (c) any expenses attributable to the appointment of an assessor to assist the appointed person;

• (d) any legal expenses or disbursements incurred or made by or on behalf of the Scottish Ministers in connection with the hearing;

• (e) the entire administrative expense of the hearing, including an amount as appears to the Scottish Ministers or the appointed person to be reasonable in respect of general staff expenses and overheads.

• (2) In sub-paragraph (1) “the standard amount” means such an amount, if any, as the Scottish Ministers may from time to time determine and make details of publicly available.

27

• (1) The Scottish Ministers or the appointed person may make an order as to the expenses incurred in relation to a hearing (including a hearing for which arrangements have been made and does not take place)—

• (a) by the Scottish Ministers or the appointed person; and

• (b) by the parties to the appeal.

• (2) The order may specify the person or persons by whom any of the expenses must be paid.

28

• (1) Where the Scottish Ministers or the appointed person make an order under paragraph 27 requiring a person to pay expenses, the Scottish Ministers or the appointed person must certify the amount of the expenses.

• (2) The amount certified is a debt due by that person to the Scottish Ministers or the appointed person and is recoverable accordingly.

29

After the conclusion of a hearing, the appointed person must make a report to the Scottish Ministers in writing which must include the conclusions and recommendations of that person or the reasons for not making any recommendation.

PART 3 — Determination of appeals

30

• (1) The Scottish Ministers must—

• (a) give written notice to the appellant of their determination of the appeal;

• (b) provide the appellant with the reasons for their determination; and

• (c) provide the appellant with a copy of any report mentioned in paragraph 29.

• (2) The Scottish Ministers must at the same time send a copy of the documents mentioned in sub-paragraph (1) to—

• (a) SEPA;

• (b) any person on whom notice was served under paragraph 6 and who made representations to the Scottish Ministers; and

• (c) any other person who made representations in relation to the appeal at the hearing if a hearing was held.

SCHEDULE 5 — TRANSITIONAL AND SAVINGS PROVISIONS

PART 1 — General

Interpretation

1

In this schedule—

• “contaminated materials activity” means a radioactive substances activity involving radioactive material where—the material is contaminated, but not with the intention of utilising its radioactive, fissile or fertile properties; andin the absence of such contamination, the substance or article would not be radioactive material; andthe radioactive material is kept on the premises on which the contamination occurred;

• “concluded” means for the purposes of paragraph 3, in relation to an application, that—the application has been granted, refused or withdrawn; andthe period allowed for appeals has passed or an appeal has been determined or withdrawn;

• “concluded” means for the purposes of paragraph 4, in relation to an application, that—the application has been granted or withdrawn; orthe application has been refused and the period allowed for appeals has passed or, where an appeal has been made during that period, the appeal has been determined or withdrawn;

• “Exemption Order” means the Radioactive Substances Exemption (Scotland) Order 2011 ;

• “existing licence” means—a registration made under section 7 or 10 of the 1993 Act; oran authorisation granted under section 13 or 14 of the 1993 Act,before the relevant date;

• “new activity” means an activity being carried on immediately before the relevant date which is—a regulated activity;an activity which the person would have been able to lawfully carry on immediately before the relevant date without an existing licence; andnot—authorised by means only of being carried on in compliance with the general binding rules specified for the activity; ora contaminated materials activity;

• “relevant date” means the date these Regulations come into force in accordance with regulation 1;

• “1993 Act” means the Radioactive Substances Act 1993 ;

• “6 months date” means the date falling after a period of 6 months from the relevant date.

2

• (1) An existing licence which—

• (a) is in effect immediately before the relevant date; and

• (b) authorises an activity which is a regulated activity (within the meaning of these Regulations),

has effect on or after that date as if it were a permit (within the meaning of these Regulations) (“a deemed permit”).

• (2) In accordance with sub-paragraph (1)—

• (a) any condition subject to which an existing licence is granted has effect as if it were a condition attached to the deemed permit;

• (b) the person who is—

• (i) registered under section 7 or 10 of the 1993 Act; or

• (ii) has been granted an authorisation under section 13 or 14 of the 1993 Act,

is to be treated as the authorised person in respect of the deemed permit on the relevant date;

• (c) where a person—

• (i) is carrying on a contaminated materials activity; and

• (ii) holds a deemed permit in relation to premises on which the contaminated materials activity is being carried on,

the carrying on of the contaminated materials activity is treated as authorised by the deemed permit in the period beginning with the relevant date and ending on the date on which SEPA next varies or consolidates the permit.

• (3) SEPA may revoke an existing licence under regulation 31 on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity no earlier than the 6 months date.

3

• (1) If before the relevant date a person—

• (a) has applied for registration under section 7 of the 1993 Act;

• (b) has applied for registration under section 10 of the 1993 Act;

• (c) has applied for variation or cancellation of a registration under section 12 of the 1993 Act;

• (d) has applied for authorisation under section 13 of the 1993 Act;

• (e) has applied for authorisation under section 14 of the 1993 Act;

• (f) has applied for transfer of an authorisation under section 16A of the 1993 Act;

• (g) has applied for variation or revocation of an authorisation under section 17 of the 1993 Act,

and that application has not been concluded before the relevant date, sub-paragraph (2) applies.

• (2) Notwithstanding the repeal of the 1993 Act, the 1993 Act continues to have effect in relation to any application referred to in sub-paragraph (1) until the application is concluded.

• (3) A registration or authorisation made or granted by SEPA following an application referred to in paragraph 3(1)(a), (b), (d) or (e) is deemed to be an “existing licence” for the purposes of this schedule.

4

• (1) This paragraph applies to a person (“A”) carrying on a new activity immediately before the relevant date.

• (2) Where A is lawfully carrying on a new activity, other than one referred to in sub-paragraph (3), immediately before the relevant date, the activity is treated as authorised under these Regulations during the period beginning with the relevant date and ending on the date specified in sub-paragraph (4).

• (3) Where A is carrying on a new activity which, immediately before the relevant date, was exempted from the requirement to have an existing licence by the Exemption Order then, notwithstanding the repeal of the 1993 Act and the Exemption Order, the 1993 Act and the Exemption Order continue to have effect in relation to that activity during the period beginning with the relevant date and ending on the date specified in sub-paragraph (4).

• (4) The date specified for the purposes of sub-paragraphs (2) and (3) is the later of—

• (a) the 6 months date; or

• (b) where an application for a permit or registration or for a variation of an existing licence, was accepted by SEPA before the 6 months date, the date on which the application is concluded.

• (5) Where SEPA requires a new activity being carried on by A to be authorised by means of notification, notwithstanding regulation 13(1), a notification made before the 6 months date has effect from the 6 months date.

5

• (1) This paragraph applies to a person (“A”) who has an existing licence to keep or use a sealed source which, as a result of the coming into force of these Regulations, is a high-activity sealed source (“an existing sealed source licence”).

• (2) A must apply in accordance with regulation 25 for a variation of an existing sealed source licence before the 6 months date.

• (3) Where A fails to apply for a variation in accordance with sub-paragraph (2) before the 6 months date, the existing sealed source licence ceases to be a deemed permit on the 6 months date to the extent it relates to a high-activity sealed source.

6

The 1993 Act continues to have effect notwithstanding its repeal in respect of any notice, investigation or legal proceedings made or begun before the relevant date and not concluded by that date (including for that purpose any penalty, punishment, enforcement measures or other sanction that may be accepted or imposed in respect of a failure to comply with a requirement of the 1993 Act before the relevant date).

PART 2 — Metal contamination

7

• (1) A permit for a Part A installation at which the activity described in paragraph (b)(iv) of Part A of section 5.4 of schedule 1 of the Pollution Prevention and Control (Scotland) Regulations 2012 is carried out includes the conditions specified in sub-paragraph (2).

• (2) The specified conditions are—

• (a) the operator must establish systems to detect the presence of radioactive contamination in materials received at the installation;

• (b) the operator must inform SEPA promptly if it suspects, or has knowledge of, the presence of radioactive contamination in material at the installation (whether present in the material as received, as a result of melting of or other metallurgical operation on an orphan source or otherwise); and

• (c) the operator must not dispose of any materials contaminated, or suspected to be contaminated, with radioactivity without approval from SEPA.

• (3) This paragraph applies in the period from the relevant date until the date that SEPA varies the permit so as to include the conditions specified in sub-paragraph (2).

• (4) In this paragraph—

• (a) “installation” and “permit” have the same meaning as given in regulation 2(1); and

• (b) “Part A installation” has the same meaning as given in regulation 12(1),

of the Pollution Prevention and Control (Scotland) Regulations 2012.

SCHEDULE 6 — CONSEQUENTIAL AMENDMENTS

PART 1 — Public general acts

Nuclear Installations Act 1965

1

• (1) The Nuclear Installations Act 1965 is amended in accordance with sub-paragraphs (2) to (4).

• (2) In section 3(14) (grant and variation of nuclear site licences)—

• (a) in paragraph (b), omit “Scotland or”;

• (b) after paragraph (b) insert—

(c) in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

• (3) In section 4(3)(d) (attachment of conditions to licences) after “ (S.I. 2016/1154)”, insert “ or to the Environmental Authorisations (Scotland) Regulations 2018. ”.

• (4) In section 4(7)—

• (a) in paragraph (b), omit “Scotland or”;

• (b) after paragraph (b), insert—

(c) in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

Environmental Protection Act 1990

2

• (1) The Environmental Protection Act 1990 is amended in accordance with sub-paragraphs (2) to (4).

• (2) For section 75(2)(b) (meaning of “waste”) substitute—

(b) radioactive waste, as defined in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018, the disposal of which falls within one of the activities specified in column 1 of Part 1 of schedule 9 of those Regulations and can be carried on in accordance with the rules specified for that activity;

• (3) In section 142(7) (powers to obtain information about potentially hazardous substances), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

• (4) In section 156(2) (power to give effect to EU and other international obligations etc.), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

Environment Act 1995

3

In section 42(3)(b) (Approval of charging schemes) of the Environment Act 1995 —

• (a) for “under section 13(1) of the Radioactive Substances Act 1993” substitute “ for radioactive substances activities under the Environmental Authorisations (Scotland) Regulations 2018 ”; and

• (b) for “that Act” substitute “ those Regulations ”.

Food Standards Act 1999

4

In schedule 3 (the Food Standard Agency's functions under other enactments) of the Food Standards Act 1999 for paragraph 21 substitute—

(21) (1) The Agency has the right to be consulted on the determination of any application for the grant or variation of an authorisation (including of any conditions to which the authorisation may be subject) under the Environmental Authorisations (Scotland) Regulations 2018 for the disposal of radioactive waste from any premises situated on a nuclear site. (2) In sub-paragraph (1), “nuclear site” has the same meaning as in paragraph 4(1) of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

Energy Act 2004

5

For section 10(2)(b) (powers for carrying out functions) of the Energy Act 2004 substitute—

(b) power to apply for and hold authorisations (within the meaning of the Environmental Authorisations (Scotland) Regulations 2018) that relate to radioactive substances activities (within the meaning given in regulation 4 of those Regulations);

PART 2 — Subordinate legislation

Special Waste Regulations 1996

6

• (1) The Special Waste Regulations 1996 are amended in accordance with sub-paragraphs (2) and (3).

• (2) In regulation 1(4) (citation, commencement, extent, application and interpretation), for sub-paragraph (b) in the definition of “waste” substitute—

(b) radioactive waste within the meaning of paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 which can be managed in accordance with the general binding rules specified in schedule 9 of those Regulations (whether or not the management of the radioactive waste requires to be notified in accordance with those Regulations);

• (3) In regulation 3 (certain radioactive waste to be special waste), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

Ionising Radiations Regulations 2017

7

For regulation 31(2)(b) (notification of certain occurrences) of the Ionising Radiations Regulations 2017 substitute—

(b) in relation to Scotland was in accordance with an authorisation for a radioactive substances activity within the meaning given in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.

Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000

8

In schedule 3 (accuracy classes for filling instruments) of the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 for “section 2 of the Radioactive Substances Act 1993” substitute “ paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 ”.

Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003

9

In schedule 3 (requirements relating to use) of the Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003 for “section 2 of the Radioactive Substances Act 1993” substitute “ paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 ”.

Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003

10

In schedule 3 (requirements in respect of use and manner of use) of the Weighing Equipment (Automatic Catchweighing) Regulations 2003 for “section 2 of the Radioactive Substances Act 1993” substitute “ paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 ”.

Waste Management Licensing (Scotland) Regulations 2011

11

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Water Environment (Controlled Activities) (Scotland) Regulations 2011

12

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Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014

13

• (1) The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014 is amended in accordance with sub-paragraphs (2) and (3).

• (2) In the schedule (specified enactments), omit—

• (a) paragraph 7; and

• (b) paragraph 14.

• (3) After paragraph 18 of the schedule insert—

(19) The Environmental Authorisations (Scotland) Regulations 2018.

Environmental Regulation (Relevant Offences) (Scotland) Order 2014

14

• (1) The Environmental Regulation (Relevant Offences) (Scotland) Order 2014 is amended in accordance with sub-paragraphs (2) to (5).

• (2) In schedule 1 (relevant offences for the purposes of section 34 of the Regulatory Reform (Scotland) Act 2014 (compensation orders against persons convicted of relevant offences))—

• (a) omit paragraph 3; and

• (b) after paragraph 14 insert—

(15) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(b) (contravention of regulation 8); (c) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (d) regulation 69(1)(d) (failure to comply with or contravention of a condition of a registration); (e) regulation 69(1)(e) (failure to comply with or contravention of a condition of a permit); (f) regulation 69(1)(f) (failure to comply with the requirements of a regulatory notice); (g) regulation 69(1)(g) (failure to comply with the requirements of a revocation notice); (h) regulation 69(1)(i) (failure to comply with an order of a court); and (i) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

• (3) In schedule 2 (relevant offences for the purposes of section 35 of the Regulatory Reform (Scotland) Act 2014 (fines: courts to consider financial benefits))—

• (a) omit paragraph 5; and

• (b) after paragraph 26 insert—

(27) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(b) (contravention of regulation 8); (c) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (d) regulation 69(1(d) (failure to comply with or contravention of a condition of a registration); (e) regulation 69(1(e) (failure to comply with or contravention of a condition of a permit); (f) regulation 69(1(f) (failure to comply with the requirements of a regulatory notice); (g) regulation 69(1(g) (failure to comply with the requirements of a revocation notice); (h) regulation 69(1)(h) (failure to comply with an information notice without reasonable excuse); (i) regulation 69(1)(i) (failure to comply with an order by a court); (j) regulation 69(1)(j) (making a false, misleading or reckless statement); (k) regulation 69(1)(k) (making a false entry); (l) regulation 69(1)(l) (forging a document); and (m) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

• (4) In schedule 3 (relevant offences for the purposes of section 36 of the Regulatory Reform (Scotland) Act 2014 (power to order conviction etc. for offence to be publicised))—

• (a) omit paragraph 3; and

• (b) after paragraph 14, insert—

(15) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(b) (contravention of regulation 8); (c) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (d) regulation 69(1(d) (failure to comply with or contravention of a condition of a registration); (e) regulation 69(1(e) (failure to comply with or contravention of a condition of a permit); (f) regulation 69(1(f) (failure to comply with the requirements of a regulatory notice); (g) regulation 69(1(g) (failure to comply with the requirements of a revocation notice); (h) regulation 69(1)(i) (failure to comply with an order by a court); (i) regulation 69(1)(j) (making a false, misleading or reckless statement); (j) regulation 69(1)(k) (making a false entry); (l) regulation 69(1)(l) (forging a document); and (m) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

• (5) In schedule 4 (relevant offences for the purposes of sections 38 and 39 of the Regulatory Reform (Scotland) Act 2014 (vicarious liability and liability where activity carried out by arrangement with another)), after paragraph 9 insert—

(10) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (c) regulation 69(1(d) (failure to comply with or contravention of a condition of a registration); (d) regulation 69(1(e) (failure to comply with or contravention of a condition of a permit); (e) regulation 69(1)(j) (making a false, misleading or reckless statement); (f) regulation 69(1)(k) (making a false entry); (g) regulation 69(1)(l) (forging a document); and (h) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

The Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014

15

In the schedule (specified activities) of the Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014 , after paragraph 5 insert—

(6) (1) The carrying on of a radioactive substances activity. (2) In this paragraph, “radioactive substances activity” has the same meaning as given in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.

Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

16

• (1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 is amended in accordance with sub-paragraphs (2) and (3).

• (2) In schedule 4 (relevant offences and fixed penalty amounts), in the Table omit the rows which relate to—

• (a) section 32(1);

• (b) section 33(1), (2) and (3); and

• (c) section 34A(1) and (2),

of the Radioactive Substances Act 1993 .

• (3) In schedule 4, after the row “Regulation 41(5) (failing to produce a document or record)” insert the following rows to the Table—

Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018
Regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation))	YES	YES	YES	MEDIUM
Regulation 69(1)(b) (contravention of regulation 8)	YES	YES	YES	MEDIUM
Regulation 69(1)(c) (failure to comply with or contravention of a general binding rule	YES	YES	YES	MEDIUM
Regulation 69(1)(d) (failure to comply with or contravention of a condition of a registration)	YES	YES	YES	MEDIUM
Regulation 69(1)(e) (failure to comply with or contravention of a condition of a permit)	YES	YES	YES	MEDIUM
Regulation 69(1)(f) (failure to comply with the requirements of a regulatory notice)	YES	YES	YES	MEDIUM
Regulation 69(1)(g) (failure to comply with the requirements of a revocation notice)	YES	YES	YES	MEDIUM
Regulation 69(1)(h) (failure to comply with an information notice)	YES	YES	YES	LOW
Regulation 69(1)(i) (failure to comply with an order of a court)	NO	NO	NO
Regulation 69(1)(j) (making of a false, misleading or reckless statement)	YES	YES	YES	HIGH
Regulation 69(1)(k) (making a false entry)	YES	YES	YES	HIGH
Regulation 69(1)(l) (forging a document)	YES	YES	YES	HIGH
Regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the person caused or permitted a person to commit an offence—
aunder regulation 69(1)(a), (b), (c), (d), (e), (f) or (g)	YES	YES	YES	MEDIUM
bunder regulation 69(1)(h)	YES	YES	YES	LOW
cunder regulation 69(1)(j), (k), or (l).	YES	YES	YES	HIGH

Scottish Landfill Tax (Administration) Regulations 2015

17

In regulation 29(9) of the Scottish Landfill Tax (Administration) Regulations 2015 (bodies eligible for approval) for sub-paragraph (m) substitute—

(m) a requirement imposed by the Environmental Authorisations (Scotland) Regulations 2018, or by a notice or order served, given, or made under those Regulations;

Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

18

In entry 3(h) of the table in paragraph 2 of schedule 2 (descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

SCHEDULE 7 — REPEALS AND REVOCATIONS

PART 1 — Public general acts

1

The enactments listed in column 1 of the Table are repealed to the extent specified in column 3.

PART 2 — Subordinate legislation

2

The enactments listed in column 1 of the Table are revoked to the extent specified in column 3.

SCHEDULE 8 — RADIOACTIVE SUBSTANCES ACTIVITIES

PART 1 — Scope and interpretation

Scope

1

• (1) This schedule applies to radioactive substances activities.

• (2) Paragraph 2 applies for the interpretation of—

• (a) this schedule;

• (b) schedule 9; and

• (c) the definition of radioactive substances activity.

2

• (1) “Radioactive substances activity” does not include—

• (a) any activity involving radioactive material carried on by a licensee on a nuclear site;

• (b) the transport of radioactive material or radioactive waste, including its receipt for transport and its storage during transport;

• (c) the disposal of radioactive waste in the form of human excreta where—

• (i) the radioactive waste arises as a consequence of the medical administration of radioactive material for the purpose of diagnosis, treatment or trials; and

• (ii) the disposal occurs at a place other than the place of administration of the radioactive material;

• (d) the disposal of radioactive waste at a landfill or at a waste incineration plant or waste co-incineration plant where—

• (i) the radioactive waste may be disposed of in solid waste that is not radioactive waste in accordance with the general binding rules in Chapter 1 of schedule 9, and

• (ii) the radioactive waste has not been segregated from waste that is not radioactive waste,

• (e) the disposal of radioactive waste described in paragraph 6(1)(a) or (b) in a landfill or at a waste incineration plant or waste co-incineration plant where the activity of the radioactive waste does not exceed the concentrations specified in schedule 9, Part 3, Table 1, Column 2.

• (2) A radioactive substances activity is not being carried on by the owner or occupier of premises where radioactive material is present in or on a vehicle, vessel or aircraft and either—

• (a) the vehicle, vessel or aircraft is on those premises in the course of a journey;

• (b) the vehicle, vessel or aircraft is in its operational life; or

• (c) in the case of a vessel which is on those premises otherwise than in the course of a journey the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.

Interpretation

3

• (1) In this schedule—

• “Basic Safety Standards Directive” means Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom ;

• “IAEA Categories 1 to 4” means categories 1 to 4 as defined by the International Atomic Energy Agency in Categorisation of Radioactive Sources (RS-G-1.9) ;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

• “medical exposure” means exposure incurred by patients or asymptomatic individuals as part of their own medical or dental diagnosis or treatment, and intended to benefit their health, as well as exposure incurred by carers and comforters and by volunteers in medical or biomedical research;

• “occupational exposure” means exposure of workers, apprentices and students incurred in the course of their work;

• “optimisation” means keeping the magnitude of individual doses, the likelihood of exposure and the number of individuals exposed as low as reasonably achievable taking into account the current state of technical knowledge and economic and social factors and related expressions are to be construed accordingly;

• “orphan source” means a source containing radioactive material or radioactive waste which is neither—subject to an authorisation; noron a nuclear site;

• ...

• “public exposure” means the exposure of individuals resulting from—the disposal of radioactive waste;the introduction of radioactive material into organisms or the environment; orthe contamination of the environment,but excluding any occupational or medical exposure;

• “radiation protection expert” means an individual who has, or group of individuals who have, the knowledge, training and experience needed to give radiation protection advice in order to ensure the effective protection of individuals, and whose competence in that respect is recognised by SEPA;

• “radioactive waste disposal notice” has the meaning given in paragraph 36;

• “relevant liquid” means a liquid which—is non-aqueous; oris classified (or would be so classified in the absence of its radioactivity) under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—acute toxicity: categories 1, 2 or 3;skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C; orhazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;

• “relevant water authority” means —Scottish Water; ora district salmon fishery board established under section 14 of the Salmon Act 1986 ;

• “Table 1”, “Table 2”, “Table 3”, “Table 4” and “Table 5” mean the tables with those numbers in Part 6;

• “unsealed source” means a radioactive source that is not a sealed source;

• ...

• (2) Where any radionuclide carries the suffix “+” or “sec” in this schedule—

• (a) that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 3 adjacent to the description of the parent radionuclide; and

• (b) a concentration value given in a table in this schedule in relation to a parent radionuclide refers to the value for the parent radionuclide alone, but already takes into account the daughter radionuclides present.

Interpretation: this schedule and schedule 9

4

• (1) In this schedule and in schedule 9—

• “disposal” , in relation to radioactive waste, includes—discharge (whether into the environment or into a sewer or drain);abandonment;burial;deposit;

• “high-activity sealed source” means a sealed source where the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Table 4,

• “nuclear site” means—any site in respect of which a nuclear site licence is for the time being in force; orany site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end;

• “nuclear site licence”, “licensee” and “period of responsibility” have the meanings given in section 26 of the Nuclear Installations Act 1965 ;

• “radioactive substance” means radioactive material or radioactive waste.

• “sealed source” means a radioactive source in which the radioactive substance is permanently sealed in a capsule or incorporated in a solid form with the objective of preventing under normal conditions of use, any dispersion of radioactive substances.

• (2) For the purposes of this schedule and schedule 9, any substance or article which is discharged, discarded or otherwise dealt with as if it were radioactive waste is presumed to be radioactive waste unless the contrary is proved.

• (3) Any reference in this schedule, in schedule 5 or in schedule 9, to the contamination of a substance or article is a reference to its becoming radioactive or its possessing increased radioactivity as a result of either or both of—

• (a) the absorption, admixture or adhesion of radioactive material or radioactive waste; and

• (b) the emission of neutrons or ionising radiations.

• (4) Where any reference is made to a substance or article possessing a concentration of radioactivity which exceeds the value shown in a particular column of a table in this schedule or in schedule 9, that value is exceeded—

• (a) where only one radionuclide which is included in that table is present in the substance or article, if the concentration of the radionuclide exceeds the concentration specified in the appropriate entry in the appropriate column of that table; or

• (b) where more than one such radionuclide is present, if the sum of the quotient values of all the radionuclides in the substance or article, as determined by the summation rule following that table as it applies to that column, is greater than one.

Interpretation: radioactive material and radioactive waste

5

In these Regulations—

• ...

• “radioactive material” means a substance or article which is not waste, and which satisfies the requirements of any of paragraphs 6, 7 or 8 as the paragraph applies to such a substance or article;

• “radioactive waste” means a substance or article which is waste, and which satisfies the requirements of any of paragraph 6, 7 or 8; and

• ...

NORM industrial activity

6

• (1) Sub-paragraph (2) applies to a substance or article which—

• (a) arises from or is used in a NORM industrial activity; or

• (b) is contaminated by a substance or article described in head (a), including where such contamination occurs indirectly through another contaminated substance or article.

• (2) A substance or article to which this sub-paragraph applies is radioactive material or radioactive waste where it has a concentration of radioactivity which exceeds the following values in Table 1—

• (a) for a solid substance or article or a relevant liquid substance, the value specified in column 2;

• (b) for any other liquid substance, the value specified in column 3; or

• (c) for a gaseous substance, the value specified in column 4.

• (3) In this schedule, “NORM industrial activity” means an industrial activity involving radionuclides of natural, terrestrial or cosmic origin and includes the following industrial activities—

• (a) production and use of thorium, or thorium compounds, and the production of products where thorium is deliberately added;

• (b) production and use of uranium, or uranium compounds, and the production of products where uranium is deliberately added;

• (c) extraction, production and use of rare earth elements and rare earth element alloys;

• (d) mining and processing of ores other than uranium ore;

• (e) production of oil and gas;

• (f) removal and management of radioactive scales and precipitates from equipment associated with industrial activities;

• (g) any industrial activity utilising phosphate ore;

• (h) manufacture of titanium dioxide pigments;

• (i) the extraction and refining of zircon and manufacture of zirconium compounds;

• (j) production of tin, copper, aluminium, zinc, lead and iron and steel;

• (k) activities related to coal mine de-watering plants;

• (l) water treatment associated with provision of drinking water;

• (m) the remediation of contamination from NORM industrial activities;

• (n) china clay extraction; and

• (o) geothermal energy production.

• (4) But “NORM industrial activity” does not include an activity where radionuclides of natural, terrestrial or cosmic origin are processed for their radioactive, fissile or fertile properties.

Processed radionuclides of natural terrestrial or cosmic origin

7

A substance or article is radioactive material or radioactive waste where—

• (a) it contains one or more of the radionuclides of natural terrestrial or cosmic origin which are listed in column 1 of Table 2;

• (b) the substance or article—

• (i) is processed or is intended to be processed for the radioactive, fissile or fertile properties of those radionuclides; or

• (ii) is contaminated by a substance or article to which sub-paragraph (i) applies, including where such contamination occurs indirectly through another contaminated substance or article; and

• (c) the substance or article is—

• (i) a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 2; or

• (ii) any other liquid or a gas.

Radionuclides not of natural terrestrial or cosmic origin

8

A substance or article which contains one or more radionuclides that are not of natural terrestrial or cosmic origin is radioactive material or radioactive waste where—

• (a) it is a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 2; or

• (b) it is any other liquid or a gas.

Radionuclides with a short half-life

9

A substance or article is not radioactive material or radioactive waste where none of the radionuclides which it contains or which it consists of has a half-life exceeding 100 seconds.

Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

10

• (1) A substance or article is not radioactive material or radioactive waste where—

• (a) it is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—

• (i) are not of natural terrestrial or cosmic origin; and

• (ii) are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom; and

• (b) in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste.

• (2) In this paragraph, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.

Substances or articles after disposal

11

• (1) A substance or article is not radioactive material or radioactive waste during the excluded period where—

• (a) the substance or article has been disposed of lawfully, and at the time of the disposal no further act of disposal is intended in respect of it; or

• (b) the substance or article—

• (i) is contaminated by a substance or article to which head (a) applies, including where such contamination occurs indirectly through another contaminated substance or article;

• (ii) in the absence of such contamination, would not otherwise be radioactive material or radioactive waste; and

• (iii) is not contaminated with the intention of using its radioactive, fissile or fertile properties.

• (2) In sub-paragraph (1), “the excluded period” means the period—

• (a) beginning at the relevant start time; and

• (b) ending in the circumstances specified in sub-paragraph (4).

• (3) The relevant start time—

• (a) where the substance or article has been disposed of and—

• (i) is solid at the time of the disposal;

• (ii) is disposed of by abandonment, burial or deposit (whether underground or otherwise) on premises in accordance with an authorisation,

is the time of the revocation or surrender of that authorisation and where any conditions applied to a surrender notice have ceased to apply;

• (b) where the substance or article is contaminated by a substance or article to which head (a) applies, including where such contamination occurs indirectly through another contaminated substance or article, is the time of the revocation of the authorisation referred to in head (a)(ii); or

• (c) in relation to any other substance or article—

• (i) is the time of the disposal; or

• (ii) where the substance or article is one to which sub-paragraph (1)(b) applies, is the time of the disposal of the substance or article that caused it, directly or indirectly, to be contaminated.

• (4) Where, after the beginning of the excluded period, the relevant substance or article is subject to a process which leads to an increase in the radiation exposure of the public or any plant or animal, the excluded period ends at the time of that increase.

Historic radium contamination

12

A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

• (a) the substance or article contains Ra-226 or its progeny;

• (b) in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste;

• (c) the contamination occurred prior to 13th May 2001; and

• (d) the concentration of Ra-226 and any progeny resulting from the decay of Ra-226 does not exceed the following values—

• (i) for a substance or article which is a solid or a substance which is a relevant liquid, 1 becquerel per gram;

• (ii) for a substance which is any other liquid, 1 becquerel per litre; or

• (iii) for a substance which is a gas, 0.01 becquerels per cubic metre.

PART 2 — Amendments to common framework provisions

General Binding Rules – disapplication

13

A person carrying on a regulated activity specified in column 1 of Part 1 of schedule 9 in compliance with the general binding rules specified for that activity is not authorised under these Regulations where—

• (a) the radioactive substance involved has been deliberately diluted to meet a value specified in schedule 9; or

• (b) the person who generated the radioactive waste did not take all practicable measures available to minimise the quantity of radionuclides generated as radioactivewaste.

Authorisation by permit or registration

14

• (1) SEPA may only authorise the activities to which sub-paragraph (2) applies by granting a permit.

• (2) This sub-paragraph applies to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the management of radioactive waste on a nuclear site arising from the operation or decommissioning of that nuclear site;

• (c) the management of radioactive waste at a uranium mine;

• (d) any activity involving a high-activity sealed source;

• (e) the operation, decommissioning and closure of a facility for the long term storage or disposal of radioactive waste;

• (f) the management of radioactive waste for the purpose of long term storage or disposal; and

• (g) the discharge of significant amounts of radioactive waste into the environment.

Applications

15

• (1) SEPA must ensure that information to be included in an application for a permit or registration for a radioactive substances activity is—

• (a) relevant to radiation protection; and

• (b) commensurate with the nature of the activity and the radiological risks involved.

• (2) In determining the information to be included in an application for a permit for a radioactive substances activity, SEPA must take into account the following for the purposes of ensuring adequate protection against public exposure—

• (a) responsibility and organisational arrangements for protection and safety;

• (b) staff competency, including information and training;

• (c) design features of the premises and of radiation sources;

• (d) anticipated public exposures in normal operation;

• (e) safety assessment of the activity and the premises in order to—

• (i) estimate, to the extent practicable, the probability and magnitude of a potential exposure;

• (ii) assess the quality and extent of protection and safety provisions, including engineering features, as well as administrative procedures; and

• (iii) define the operational limits and conditions of operation;

• (f) emergency procedure;

• (g) maintenance, testing, inspection and servicing so as to ensure that the radiation source and the premises continue to meet the design requirements, operational limits and conditions of operation throughout their lifetime;

• (h) management of radioactive waste and arrangements for the disposal of such waste; and

• (i) quality assurance.

Consultation: local authorities and relevant water authorities

16

Where it appears to SEPA that the disposal of radioactive waste is likely to involve the need for special precautions to be taken by a local authority or a relevant water authority, SEPA must consult the authority regarding the special precautions which may need to be taken before granting an authorisation.

Consultation: security of sealed sources

17

• (1) SEPA must, insofar as it is reasonably practicable and before carrying out any of its functions under regulation 18, 19, 23, 25, 27, 30 or 31 in relation to an authorisation for an activity to which sub-paragraph (3) applies, consult—

• (a) the police; and

• (b) such other persons as appear to it to be appropriate,

regarding the security of premises on which the activity is, or is proposed to be, carried on.

• (2) Where sub-paragraph (3) applies, SEPA must have regard to any advice it receives within such time as SEPA believes is reasonable from the police or other persons before—

• (a) determining the authorisation or effecting any variation, surrender or revocation of the authorisation; or

• (b) imposing any limitations or conditions in the authorisation.

• (3) This sub-paragraph applies to a radioactive substances activity involving sealed sources in IAEA categories 1 to 4.

Refusal of applications

18

• (1) SEPA must refuse to grant an application for a permit for a radioactive substances activity involving a high-activity sealed source unless it is satisfied that the applicant has made either—

• (a) adequate arrangements for the safe management and control of the source, including arrangements for when it becomes radioactive waste; or

• (b) adequate provision, by way of a financial provision or any other appropriate equivalent means, for the safe management of a source where—

• (i) it becomes radioactive waste;

• (ii) the authorised person becomes insolvent; or

• (iii) the authorised person ceases to carry on the radioactive substance activities.

• (2) SEPA must refuse to grant an application for a permit for a radioactive substances activity involving a sealed source in IAEA Categories 1 to 4 unless it is satisfied that the applicant has made adequate arrangements for the security of the source.

• (3) Sub-paragraph (2) does not apply to an application involving a sealed source in IAEA Categories 1 to 4 which is proposed to be managed only on a nuclear site.

19

SEPA must refuse to grant an authorisation for a radioactive substances activity unless —

• (a) the activity has been found to be justified within the meaning of the phrase “found to be justified” given in regulation 4(4) of the Justification of Practices Involving Ionising Radiation Regulations 2004 insofar as those regulations apply to the activity, or

• (b) it is an existing class or type of practice.

Authorisation conditions: general

20

SEPA must ensure that a permit or registration for a radioactive substances activity includes such conditions as it considers appropriate to—

• (a) prevent the deliberate dilution of radioactive waste for the purpose of being released from regulatory control unless the dilution takes place in normal operations where radioactivity is not a concern or the dilution is a result of mixing radioactive waste with a non-radioactive material for the purposes of re-use or recycling;

• (b) ensure adequate protection against any public exposure or contamination liable to extend—

• (i) beyond the authorised place; or

• (ii) to the ground beneath the authorised place;

• (c) ensure that the authorised person—

• (i) optimises the level of radiation protection for members of the public;

• (ii) uses adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

• (iii) checks that equipment used for measuring and assessing exposure of members of the public and radioactive contamination of the environment is effective and is adequately maintained and calibrated;

• (d) ensure that the authorised person seeks appropriate advice from a radiation protection expert in relation to—

• (i) the matters set out in sub-paragraph (c); and

• (ii) such other matters as SEPA thinks fit,

• (e) ensure that the authorised person makes arrangements for keeping control of radioactive material with regard to its location, use and, when it becomes radioactive waste, its management;

• (f) ensure, as appropriate and to the extent possible, that the authorised person keeps records of an unsealed source which the authorised person is authorised to hold, including records of location, transfer and disposal or discharge;

• (g) ensure that the authorised person keeps records of all sealed sources which the authorised person is authorised to hold, including records of location, transfer and disposal;