The Radioactive Contaminated Land Regulations (Northern Ireland) 2006

Application of Regulations in the implementation of Articles 48 and 53 of the Directive

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 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.

(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 so that the benefit of the reduction in health detriment less the detriment associated with the intervention will be maximised.