The Environmental Authorisations (Scotland) Regulations 2018

Interpretation S

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 M1 ;

“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) M2 ;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 ;

“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—

(a)

subject to an authorisation; nor

(b)

on a nuclear site;

“PPC permit” means a permit granted under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012 M4 ;

“public exposure” means the exposure of individuals resulting from—

(a)

the disposal of radioactive waste;

(b)

the introduction of radioactive material into organisms or the environment; or

(c)

the 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—

(a)

is non-aqueous; or

(b)

is 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 M5 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—

(i)

acute toxicity: categories 1, 2 or 3;

(ii)

skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C; or

(iii)

hazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;

“relevant water authority” means —

(c)

Scottish Water; or

(d)

a district salmon fishery board established under section 14 of the Salmon Act 1986 M6 ;

“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;

“waste management licence” means a licence granted under section 35 of the Environmental Protection Act 1990 M7 .

(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.

Marginal Citations

M1 OJ L 13, 17.1.2014, p.1.

M2 Categorization of radioactive sources. — Vienna : International Atomic Energy Agency, 2005 (IAEA safety standards series, ISSN 1020–525X ;ISBN 92–0–103905–0).

M3 1994 c.39. Section 2 was amended by schedule 22, paragraph 232(1), of the Environment Act 1995 (c.25).

M4 S.S.I. 2012/360.

M5 OJ L 353, 31.12.2008, p.1.

M6 1986 c.62. Section 14 is repealed in relation to specified areas by (1) the Scotland Act 1998 (River Tweed) Order 2006 (S.S.I. 2006/2913) schedule 4(2), paragraph 1 and (2) the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) schedule 4 paragraph 1.

M7 1990 c.43. Section 35 is amended by regulation 2(5) of the Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), by the Environment Act 1995 (c.25) schedule 22 paragraph 66(2), by the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323) schedule 10, Part 1, paragraph 3(4), and by the Regulatory Reform (Scotland) Act 2014 (asp 3) schedule 3, Part 1, paragraph 3(2).