The Radioactive Contaminated Land Regulations (Northern Ireland) 2006

Statutory Rules of Northern Ireland

2006 No. 345

Radioactive SubSTANCES

ENVIRONMENTAL PROTECTION

The Radioactive Contaminated Land Regulations (Northern Ireland) 2006

Made

22nd August 2006

Coming into operation

22nd September 2006

The Department of the Environment being a department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) makes the following Regulations in exercise of the powers conferred on it by that section in relation to the safety measures regarding radioactive substances and the emission of ionising radiation.

Citation and commencement N.I.

1.  These Regulations may be cited as the Radioactive Contaminated Land Regulations (Northern Ireland) 2006 and shall come into operation on 22nd September 2006.

Commencement Information

I1 Reg. 1 in operation at 22.9.2006, see reg. 1

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

“the 1965 Act” means the Nuclear Installations Act 1965(4);

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

“the Chief Inspector” means the Chief Inspector appointed by the Department under section 4 of the Radioactive Substances Act 1993(5);

[F1 “contaminated land” has the meaning given to it in regulation 2A;]

[F2 “the Department” means the Department of Agriculture, Environment and Rural Affairs;]

[F3 “the 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;]

[F4 “exposure” means the act of exposing or condition of being exposed to ionising radiation emitted outside the body (external exposure) or within the body (internal exposure);]

“harm” means lasting exposure to any human being resulting from the after-effects of [F5 an emergency] , past practice or past work activity.

“intervention” means a human activity that prevents or decreases the exposure of individuals to radiation from sources which are not part of a practice or which are out of control, by acting on sources, transmission pathways and individuals themselves;

“intervention notice” means a notice in writing served by the Chief Inspector on a responsible person requiring intervention;

“ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 x 10¹⁵ Hertz or more capable of producing ions directly or indirectly;

[F6 “land contaminated by a nuclear occurrence” means contaminated land which, by virtue of it being such, damage to that land has occurred, being—

(a)

damage caused in breach of any duty imposed by section 7, [F7 7B] 8, 9 or 10 of the 1965 Act, or deemed to be so caused by section 12(2) of that Act;

(b)

damage which would have been so caused or would have been deemed by section 12(2) of the 1965 Act to have been so caused if, [F8 in section 7(1A)(b) or (1C)(b) of that Act, the words “other than licensee” or, in section 10(1)(b) of that Act, the words “other than the operator” had not been enacted;]

(ba)

[F9 damage caused by preventative measures taken after a breach of duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made if section 11H(4) of that Act had not been enacted; or]

(d)

damage in respect of which any relevant foreign operator or other person is liable under any relevant foreign law, or for which he would be so liable—

(i)

but for any exclusion or limitation of liability applying by virtue of any provision of that law made for purposes corresponding to those of section 13(3) or (4)(a), 15, 16(1) [F10 , (1ZA), (1ZB), (2), (3B) or 3(C)] and (2) or 18 of the 1965 Act; or

(ii)

if any such relevant foreign law which does not contain provision made for purposes corresponding to those of section 13(4)(b) of the 1965 Act did contain such provision;]

“lasting exposure” means an exposure likely to give rise to harm to human health arising from one or more of the following dose criteria:

(i)

an effective dose of 3 millisieverts per annum; or

(ii)

an equivalent dose to the lens of the eye of 15 millisieverts per annum; or

(iii)

an equivalent dose to the skin of 50 millisieverts per annum.

[F11 “lasting exposure” means an exposure—

(a)

arising from the after–effects of a radiological emergency, past practice or past work activity; and

(b)

giving rise to doses that exceed one or more of the following criteria—

(i)

an effective dose of 3 millisieverts per annum,

(ii)

an equivalent dose to the lens of the eye of 15 millisieverts per annum, or

(iii)

an equivalent dose to the skin of 50 millisieverts per annum,

[F12 where the estimation of an effective dose is undertaken in accordance with Article 13 of the Directive;]

“licensee”, “relevant foreign law” and “relevant foreign operator” have the meanings given to them by section 26(1) of the 1965 Act;]

“nuclear installations” shall have the same meaning as under the 1965 Act;

“polluter” means any person, or any of the persons, who caused or knowingly permitted the radioactive substances to be in, on or under the land;

“practice” means a human activity that can increase the exposure of individuals to radiation from an artificial source, or from a natural radiation source where natural radionuclides are processed for their radioactive, fissile or fertile properties, except in the case of an emergency exposure;

“radiological emergency” means a situation that requires urgent action in order to provide radiological protection to workers, members of the public or the population either partially or as a whole;

“relevant foreign law” and “relevant foreign operator” shall have the same meaning as under the 1965 Act;

[F13 “responsible person” means—

(a)

in relation to land contaminated by a nuclear occurrence, the Secretary of State; and

(b)

in any other situation to which these Regulations apply, first the polluter and if the polluter is not found, the owner or occupier of the land;]

“substance” means, whether in solid or liquid form or in the form of a gas or vapour, any substance which contains radionuclides which have resulted from the after-effects of a [F14 an emergency] or which are or have been processed as part of a past practice or past work activity, but shall not include radon gas or the following radionuclides: Po-218, Pb-214, At-218, Bi-214, Rn-218, Po-214 and Tl-210.

[F15 (3) Any other word or expression used both in these Regulations and in the Directive has the same meaning for the purposes of these Regulations as it has in that Directive.]

[F16 (4) When reading the Directive for the purposes of these Regulations, Article 4(43) of the Directive (definition of inspection) is to be read as if, for the words “any competent authority”, there were substituted “the Chief Inspector”.]

Textual Amendments

F1 Words in reg. 2(2) inserted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(2)(a)

F2 Words in reg. 2 substituted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(a)

F3 Words in reg. 2 substituted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(b)

F4 Words in reg. 2 substituted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(c)

F5 Words in reg. 2 substituted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(d)

F6 Words in reg. 2(2) inserted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(2)(b)

F7 Word in reg. 2 inserted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(e)(i)

F8 Words in reg. 2 substituted (1.6.2018) by virtue of The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(e)(ii)

F9 Words in reg. 2 inserted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(e)(iii)

F10 Words in reg. 2 inserted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(e)(iv)

F11 Words in reg. 2(2) substituted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(2)(c)

F12 Words in reg. 2 substituted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(f)

F13 Words in reg. 2(2) substituted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(2)(d)

F14 Words in reg. 2 substituted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(2)(g)

F15 Reg. 2(3) inserted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(2)(e)

F16 Reg. 2(4) inserted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 6; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 2 in operation at 22.9.2006, see reg. 1

[F17 Meaning of contaminated land N.I.

2A.— (1) “Contaminated land” is land which the Chief Inspector has identified as being in such a condition by reason of substances in, on or under the land that lasting exposure to any person—

(a) is being caused; or

(b) is likely to be caused.

(2) Except where paragraph (4) applies, in paragraph (1), lasting exposure to any person is likely to be caused when, having regard to any uncertainties, the potential annual effective dose from any lasting exposure multiplied by the probability of the dose being received is greater than 3 millisieverts.

(3) Paragraph (2) only applies where—

(a) the potential annual effective dose is below or equal to 50 millisieverts per annum; and

(b) the potential annual dose equivalents to the lens of the eye and to the skin are below or equal to 15 millisieverts and 50 millisieverts respectively.

(4) This paragraph applies where the conditions in either sub–paragraph (a) or sub–paragraph (b) of paragraph (3) do not apply, in which case lasting exposure to any person is likely to be caused where the Chief Inspector considers that there is a likelihood of lasting exposure being caused.

(5) In this regulation, “potential annual effective dose” and “potential annual dose equivalent” refer to doses that are not certain to occur.]

Textual Amendments

F17 Reg. 2A inserted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(3)

Application of Regulations in the implementation of F18 ... the Directive N.I.

3.—(1) The Chief Inspector on behalf of the Department has a duty to investigate the condition of land where there are reasonable grounds to believe that such land is causing lasting exposure.

(2) Where the Chief Inspector has identified land likely to cause lasting exposure to human beings resulting from the effects of the aftermath of a radiological emergency, or a past practice, or past works, the Chief Inspector shall, in accordance with regulation 4, require the responsible person to ensure that, as necessary and relevant to the extent of the exposure risk involved:

(a) the land giving rise to lasting exposure and any other affected adjoining or adjacent land is demarcated;

(b) arrangements are made [F19 , including the establishment and implementation of strategies in accordance with Article 101 and Article 102 of the Directive,] to monitor the exposure;

(c) any appropriate intervention is implemented, taking into account the real characteristics of the land giving rise to lasting exposure; and

(d) access or use of land or buildings situated in the demarcated area is regulated.[F20 ;]

[F21 (e) affected members of the public are identified; and

(f) assessment of the means available to the individuals identified under section (e) for controlling their own exposure is made.]

(3) Any intervention by the Chief Inspector or required by the Chief Inspector pursuant to paragraph (2) shall be —

(a) proportionate to the extent of the risk involved;

(b) undertaken only if the reduction in detriment due to radiation is sufficient to justify the harm and costs, including social costs, of the intervention; and

(c) optimised in its form, scale and duration [F22 if the magnitude of individual doses, the likelihood of exposure and the number of individuals exposed are kept as low as reasonably achievable taking into account the current state of technical knowledge and economic and societal factors.] So that the benefit of the reduction in health detriment less the detriment associated with the intervention will be maximised.

Textual Amendments

F18 Words in reg. 3 heading deleted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(3)(a)

F19 Words in reg. 3(2)(b) inserted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(3)(b)(i)

F20 Reg. 3(2)(d) full stop substituted for semi-colon (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(3)(b)(ii)

F21 Reg. 3(2)(e)(f) inserted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(3)(b)(iii)

F22 Words in reg. 3(3)(c) inserted (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 6(3)(c)

Commencement Information

I3 Reg. 3 in operation at 22.9.2006, see reg. 1

Intervention Notices N.I.

[F23 4.— (1) Subject to paragraph (3), the Chief Inspector may, by serving an intervention notice upon the responsible person, require that the responsible person carry out the necessary actions set out in regulation 3(2).

(2) If no responsible person is identified then the Department shall undertake the necessary actions set out in regulation 3(2).

(3) Where, by virtue of the land being land contaminated by a nuclear occurrence, the Secretary of State is the responsible person, the Department shall undertake the necessary actions set out in regulation 3(2).

(4) Where the Department has a duty to take action by virtue of paragraph (3), the Secretary of State shall make available to the Department a sum of money in respect of costs and expenses incurred or to be incurred by the Department (or by a person on its behalf) in discharging that duty.]

Textual Amendments

F23 Reg. 4 substituted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(4)

Appeals N.I.

5.—(1) The responsible person shall have a right to appeal against the intervention notice in the following circumstances where:

(a) the Chief Inspector has not taken into account the requirements set out in regulation 3(3); or

(b) the person named on the intervention notice has been unreasonably identified as a responsible person or where other persons ought also to be so identified; or

(c) the land that is subject to the notice has been wrongly identified or demarcated; or

(d) there is a material defect in the notice such that it would be unreasonable to apply the provisions of the notice to the responsible person.

(2) The responsible person served with an intervention notice may appeal within 21 days beginning with the date on which he was served the notice to a court of summary jurisdiction in accordance with Part VII of the Magistrates’ Courts (Northern Ireland) Order 1981(6).

(3) Appealing an intervention notice as in paragraph (1) shall suspend the effect of the intervention notice until such appeal is determined or abandoned.

Commencement Information

I4 Reg. 5 in operation at 22.9.2006, see reg. 1

Offences N.I.

6.—(1) A breach or non compliance with any requirement or prohibition contained within an intervention notice within the period of twenty-one days from service of this notice without reasonable excuse shall be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.

(2) Where an intervention notice has not been complied with the Chief Inspector may, once any appeal is determined or the time allowed for such appeal has elapsed, whether or not proceedings are commenced for an offence under paragraph (1):

(a) enter upon the land and carry out the works set out in the intervention notice at the Department’s cost, such costs to be fully recovered from the responsible person; or

(b) take injunction proceedings in the High Court for the purpose of securing compliance with the notice.

Commencement Information

I5 Reg. 6 in operation at 22.9.2006, see reg. 1

Scope N.I.

[F24 7.   These Regulations do not apply if—

(a) action is required to be taken by the Health and Safety Executive for Northern Ireland under [F25 paragraph (3) of regulation 16 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019] ; and

(b) that action is something which, except for this regulation, could be required to be done under regulation 3(2).]

Textual Amendments

F24 Reg. 7 substituted (10.12.2007) by The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007 (S.I. 2007/3236), regs. 1, 2(5)

F25 Words in reg. 7(a) substituted (1.11.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019 (S.R. 2019/185), reg. 1, Sch. 9 para. 4 (with reg. 3)

8.  Nothing in regulation 3 of the Ionising Radiation Regulations (Northern Ireland) 2000(7) shall prejudice the application of these Regulations in circumstances not falling within the scope of regulation 3 of the Ionising Radiation Regulations (Northern Ireland) 2000.

Commencement Information

I6 Reg. 8 in operation at 22.9.2006, see reg. 1

Sealed with the Official Seal of the Department of the Environment on 22nd August 2006.

Richard Rogers

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Articles 48 and 53 of Council Directive 96/29/Euratom (O.J. No. L159, 29.6.96, p.1) laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.

(1)

S.I. 1991/2289

(2)

1972 c. 68

(3)

1954 c. 33 (N.I.)

(4)

1965 c. 57

(5)

1993 c. 12

(6)

S.I. 1981/1675 (N.I. 26)

(7)

S.R.2000 No. 375