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

Amendments to regulation 13

14.—(1) Regulation 13 (change or extension of project) is amended as follows.

(2) In paragraph (1)(a) for “4(b)” substitute “4(1)(b)”.

(3) For paragraph (2) substitute—

“(2) In determining for the purpose of paragraph (1) whether an environmental impact assessment is required, the ONR shall have regard to—

(a) the relevant selection criteria set out in Schedule 2;

(b) where relevant, the results of any relevant EU environmental assessment which are reasonably available to the ONR.”.

(4) In paragraph (3) for the words from “such” to “require” substitute “the information specified in Schedule 3”.

(5) After paragraph (3) insert—

“(3A) When compiling that information, the licensee shall take into account the results of any relevant EU environmental assessment which are reasonably available to the licensee.

(3B) The licensee may provide to the ONR a description of any feature of the project or measure envisaged to avoid or prevent what otherwise might be significant adverse effects on the environment.

(3C) The ONR may in writing require that the licensee provides further information where the ONR considers that the further information is required in order for it to reach its determination under paragraph (1).”.

(6) In paragraph (5)—

(a) in the words before sub-paragraph (a) for the words from the beginning to “project” substitute “Following the ONR’s determination under paragraph (1)”;

(b) in sub-paragraph (b) after “based” insert “, with reference to the relevant selection criteria set out in Schedule 2”.

(7) After paragraph (5) insert—

“(6) Where the ONR determines under paragraph (1) that an environmental impact assessment is not required, the ONR shall state in the notice or other means referred to in paragraph (5)(b) any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(7) The ONR shall make its determination under paragraph (1)—

(a) as soon as possible after the day on which it is provided with the information under paragraph (3) or (3C) (whichever is the later); and

(b) in any event, within a period of 90 days beginning with that day.

(8) The ONR may, if satisfied that there are exceptional circumstances (including circumstances relating to the nature, complexity, location or size of the project), extend the period mentioned in paragraph (7).

(9) If the ONR exercises the power in paragraph (8), it shall inform the licensee in writing of the reasons for the extension and the date by which it expects to make its determination under paragraph (1).”.