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The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019

Posted on February 27, 2019 at 8:35 am

Jurisdiction:  UK

Commencement:   29th March 2019

Amends:  

  1. The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
  2. The Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005
  3. The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006
  4. The Radioactive Contaminated Land Regulations (Northern Ireland) 2006
  5. The Justification of Practices Involving Ionising Radiation Regulations 2004

 

Amendment

The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

This instrument intends to address deficiencies in the operation of retained European Union (“EU”) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

 

Schedule 1 (information to include in an environmental statement) also sees slight wording changes to to remove direct application of EU directives and replace them with reference retained EU law, with the following implications:

  • The the description of significant environmental effects should take into account the environmental protection objectives established in retained EU and UK law.
  • Information available and obtained through risk assessments for retained EU law that implements the COMAH Directive or the Nuclear Safety Directive can be included in the environment statement as long as the requirements of any law that implemented the EIA Directive are met.

 

Schedule 2 also sees a slight wording change with regards reference to location of projects in determining further assessment. The schedule now refers to the environmental quality standards in retained EU law and EU law as it applied to the UK prior to exit day, which should be considered when calculating absorption capacity. 

 

The Radioactive Contaminated Land Regulations (Northern Ireland) 2006 (“the NI RCL Regulations”)

This instrument intends to address deficiencies in the operation of retained European Union (“EU”) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

 

The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (“the RCL Regulations”);

This instrument intends to address deficiencies in the operation of retained European Union (“EU”) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

  • Regulation 5 which is amended to make it clear that in this Regulation ‘inspection’ means an investigation by or on behalf of the  enforcing authority to verify compliance with national legal requirements.

 

This has been done by replacing competent authority with enforcing authority when reading the definition of inspection Article 4 of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation for this Regulation.

 

The Justification of Practices Involving Ionising Radiation Regulations 2004

This amendment intends to address deficiencies in the operation of retained European Union (“EU”) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

 

Link to full government text

 

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