The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018

Substitution of regulations 9 and 10

11.  For regulations 9 (publicity) and 10 (further information and evidence respecting environmental statements) substitute—

“Publicity: newspapers

9.— (1) Within 7 days of providing the ONR with an environmental statement pursuant to regulation 5, the licensee must provide the ONR with—

(a) a publicity notice (see paragraph (2)); and

(b) a statement setting out the newspaper publication date (see paragraph (3)).

(2) A publicity notice is a notice setting out—

(a) the name and address of the licensee and that the licensee is the applicant in respect of a consent for a project;

(b) the date on which the application was made;

(c) the address or location of the site at which the proposed project is to be carried out;

(d) the publicity period (see paragraph (4));

(e) that a copy of the application together with a copy of the environmental statement may be inspected at all reasonable hours by members of the public during the publicity period;

(f) an address (or addresses) in the locality of the power station or reactor at which those documents may be inspected;

(g) an address (or addresses) (whether or not the same as that given under sub-paragraph (f) above) in the locality of the power station or reactor at which copies of the environmental statement may be obtained during the publicity period;

(h) that during the publicity period copies may be obtained there so long as stocks last;

(i) if a charge is to be made for a copy, the amount of the charge;

(j) that any person wishing to make representations about the application should make them in writing to the ONR at a specified address within the publicity period;

(k) that a copy of the publicity notice and the information referred to in regulation 9A(1) will be published on the ONR’s website in accordance with regulation 9A; and

(l) that the project is subject to an environmental impact assessment procedure.

(3) The newspaper publication date—

(a) is the date on which the licensee proposes to first publish the publicity notice in a newspaper (see paragraph (6); and

(b) must fall within the period of 7 days beginning with the date on which the publicity notice is provided to the ONR.

(4) The publicity period is the period of not less than 30 days beginning with the newspaper publication date.

(5) The ONR may require the licensee to provide the publicity notice in an electronic form.

(6) On the newspaper publication date, the licensee must publish the publicity notice—

(a) in one or more newspapers circulating in the locality in which the project is to be carried out; and

(b) in any other newspaper named by the ONR.

(7) The licensee must provide the ONR with a copy of the notice published under paragraph (6) within the period of 14 days beginning with the newspaper publication date.

(8) The licensee must ensure that at the relevant address (or addresses) at all reasonable hours during the publicity period—

(a) not less than 5 copies of the application for consent to carry out a project together with 5 copies of the environmental statement are available for inspection by members of the public; and

(b) copies of the environmental statement are available on payment of a reasonable charge reflecting printing and distribution costs.

Publicity: ONR’s website

9A.— (1) The ONR must publish the following information on its website on the newspaper publication date (see regulation 9(3))—

(a) the publicity notice provided under regulation 9(1);

(b) the application for consent; and

(c) the environmental statement.

(2) The ONR must ensure that the information continues to be so published for a period of—

(a) 30 days beginning with the newspaper publication date; or

(b) such longer period as the ONR considers appropriate.

Further information: provision to ONR and newspaper publicity

10.— (1) If the ONR considers that an environmental statement should contain further information specified in Schedule 1, the ONR must notify the licensee in writing that further information is required.

(2) The notification must describe the further information required.

(3) The licensee must then provide the ONR with—

(a) the further information;

(b) a further publicity notice (see paragraph (4)); and

(c) a statement setting out the further newspaper publication date (see paragraph (5)).

(4) A further publicity notice is a notice setting out—

(a) the name of the licensee;

(b) the date on which the application for consent to carry out the project was made;

(c) the address or location of the site at which the proposed project is to be carried out;

(d) the further publicity period (see paragraph (6);

(e) that further information is available in relation to an environmental statement which has already been provided;

(f) that a copy of the further information may be inspected by members of the public during the further publicity period;

(g) an address (or addresses) in the locality of the power station or nuclear reactor at which the further information may be inspected;

(h) an address (or addresses) (whether or not the same as that given under sub-paragraph (g) above) in the locality of the nuclear reactor or power station at which copies of the further information may be obtained during the further publicity period;

(i) that copies may be obtained during the further publicity period there as long as stocks last;

(j) if a charge is to be made for a copy, the amount of the charge;

(k) that a copy of the further publicity notice and the further information will be published on the ONR’s website in accordance with regulation 10A(4) and (5);

(l) that any person wishing to make representations about the further information should make them in writing to the ONR at a specified address within the further publicity period.

(5) The further newspaper publication date—

(a) is the date on which the licensee proposes to first publish the further publicity notice in a newspaper (see paragraph (8)); and

(b) must fall within the period of 14 days beginning with the date on which the publicity notice is provided to the ONR.

(6) The further publicity period is the period of not less than 30 days beginning with the further newspaper publication date.

(7) The ONR may require the licensee to provide the further information and further publicity notice in an electronic form.

(8) On the further newspaper publication date, the licensee must publish the further publicity notice—

(a) in one or more newspapers circulating in the locality in which the project is to be carried out; and

(b) in any other newspaper named by the ONR.

(9) The licensee must provide the ONR with a copy of the notice published under paragraph (8) within the period of 14 days beginning with the further newspaper publication date.

(10) The licensee must ensure that at the relevant address (or addresses) at all reasonable hours during the further publicity period—

(a) not less than 5 copies of the further information are available for inspection by members of the public during the further publicity period; and

(b) copies of the further information are available on payment of a reasonable charge reflecting printing and distribution costs.

(11) The ONR may by notice in writing require a licensee to produce such evidence as the ONR may reasonably require for the purpose of verifying any information in the licensee’s environmental statement.

Further information: ONR obligations and website publicity

10A.— (1) Where the ONR has provided information relating to an environmental statement to a consultation body or other person under regulation 8 and the ONR receives further information relating to the environmental statement under regulation 10(3)(a), the ONR must send a copy of the further information to that body or person.

(2) The ONR may by notice in writing require the licensee to provide such number of copies of the further information as is specified in the notice (being the number required for the purposes of paragraph (1)).

(3) Upon sending the notice the ONR—

(a) must suspend consideration of the application; and

(b) must not determine the application before the later of—

(i) the expiry of 14 days after the date on which the further information was sent to each body or person in accordance with paragraph (1);

(ii) the expiry of 30 days after the further newspaper publication date (see regulation 10(5)).

(4) The ONR must publish the following information on its website on the further newspaper publication date—

(a) the further publicity notice; and

(b) the further information.

(5) The ONR must ensure that the further information continues to be so published for a period of—

(a) 30 days beginning with the date of further newspaper publication date; or

(b) such longer period as the ONR considers appropriate.

Conclusion about environmental impact

10B.— (1) Before granting consent to carry out a project, the ONR must comply with paragraphs (2) and (3).

(2) The ONR must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)—

(a) the environmental statement;

(b) any further information or evidence provided by the licensee in accordance with regulation 10;

(c) any relevant information received through any consultations under regulations 8 to 10A;

(d) the outcome of any consultation under regulation 12;

(e) any features of the project, or measures which the licensee proposes to take, which would have the effect of avoiding, preventing, reducing or offsetting any likely significant adverse effects of the project on the environment.

(3) The ONR must then reach a conclusion about the likely significant effects of the project (including the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters) on—

(a) population and human health;

(b) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Wild Birds Directive;

(c) land, soil, water, air and climate;

(d) material assets, cultural heritage and the landscape; and

(e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

Procedure relating to consent decision

10C.— (1) Following its conclusion under regulation 10B(3), the ONR must consider—

(a) the application for consent;

(b) its conclusion under regulation 10B(3); and

(c) whether consent under regulation 4(1) should be granted subject to conditions (see paragraph (2)).

(2) The ONR may, on granting a consent to carry out a project, attach to that consent such conditions as may appear to it to be necessary or desirable, taking into account the following factors—

(a) the interests of limiting the impact on the environment;

(b) existing monitoring under an obligation under the law of any part of the United Kingdom;

(c) whether any further monitoring is appropriate;

(d) whether provision needs to be made for remedial action in respect of any risk posed by the project; and

(e) any other relevant factors.

(3) The ONR must not attach conditions relating to monitoring to a consent unless satisfied that the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the project in question and the significance of its effect on the environment.

(4) The ONR must not grant consent to carry out a project unless satisfied that its conclusion under regulation 10B(3) in respect of the project is up to date.

(5) The ONR must grant or refuse to grant consent to carry out a project within a reasonable period of time (taking into account the nature and complexity of the application for consent), beginning with the date on which the ONR is given all the information in respect of the project which it is required to consider under regulation 10B(2).

(6) The ONR must not grant a consent (whether for the purposes of these Regulations or otherwise) to carry out a project before the later of the following dates—

(a) the end of the publicity period relating to the project under regulation 9 (see regulation 9(4));

(b) the end of any further publicity period relating to the project under regulation 10 (see regulation 10(6)); or

(c) where regulation 12(a) or (b) applies in relation to an EEA State—

(i) where the EEA State has not indicated under regulation 12(1)(iii) whether it wishes to be consulted, the end of the reasonable period of time referred to in that sub-paragraph; or

(ii) where the EEA State has indicated under regulation 12(1)(iii) that it does wish to be consulted, the end of a period of 21 days beginning with the end of the reasonable period of time agreed with the EEA State under paragraph (5)(b) of that regulation.”.