Environment Act 1995

205 (1) Section 16 of that Act (authorisations) shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In subsection (2) (power to grant authorisations to be exercisable by the chief inspector) the words “Subject to subsection (3)” shall be omitted.

(3) Subsection (3) (power to grant authorisations in England, Wales and Northern Ireland) shall be omitted.

(4) In subsection (4) (application to be accompanied by prescribed fee), for the words “prescribed fee” there shall be substituted the words “charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995”.

(5) After subsection (4) there shall be inserted—

“(4A) Without prejudice to subsection (5), on any application for an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain, the appropriate Agency—

(a) shall consult the relevant Minister and the Health and Safety Executive before deciding whether to grant an authorisation on that application and, if so, subject to what limitations or conditions, and

(b) shall consult the relevant Minister concerning the terms of the authorisation, for which purpose that Agency shall, before granting any authorisation on that application, send that Minister a copy of any authorisation which it proposes so to grant.”

(6) In subsection (5) (consultation by chief inspector and, where the premises are in England, Wales or Northern Ireland, the appropriate Minister with local authorities etc)—

(a) for the words from “and, where” to “shall each” there shall be substituted the word “shall”; and

(b) for the word “him”, in each place where it occurs, there shall be substituted the words “that Agency”.

(7) In subsection (7) (applications, other than those to which subsection (3) applies, deemed to be refused if not determined within prescribed period) for the words “(other than an application to which subsection (3) applies)” there shall be substituted the words “(other than an application for an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain)”.

(8) In subsection (8)(b) (conditions or limitations subject to which authorisations may be granted) for the words from “or, as” to “think” there shall be substituted the word “thinks”.

(9) In subsection (10) of that section (fixing of date from which authorisation is to have effect)—

(a) the words from “or, as” to “appropriate Minister” shall cease to have effect; and

(b) for the words “him or them” and “his or their” there shall be substituted respectively the words “it” and “its”.

F1 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 22 para. 205(10) repealed (1.4.2000) by 1999 c. 28, s. 40(4), Sch. 6 (with s. 38); S.I. 2000/1066, art. 2