Radioactive Substances Act 1993

16 Grant of authorisations.E+W+S

[F1(1)In this section, unless a contrary intention appears, “authorisation” means an authorisation granted under section 13 or 14.

(2)F2. . ., the power to grant authorisations shall be exercisable by the [F3appropriate Agency].

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any application for an authorisation shall be accompanied by the [F5charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995].

[(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 [F6Food Standards Agency] 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 [F7Food Standards Agency] concerning the terms of the authorisation, for which purpose that Agency shall, before granting any authorisation on that application, send [F7that Agency] a copy of any authorisation which it proposes so to grant.]

(5)Before granting an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from premises situated on a nuclear site, the [F3appropriate Agency][F8shall] consult with such local authorities, relevant water bodies or other public or local authorities as appear to [F8that Agency] to be proper to be consulted by [F8that Agency].

(6)On [F9 receipt of an application ], the [F3appropriate Agency] shall, subject to directions under section 25, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.

(7)An application for an authorisation [F10(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)] which is duly made to the [F3appropriate Agency] may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.

(8)An authorisation may be granted—

(a)either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation, and

(b)subject to such limitations or conditions as the [F3appropriate Agency][F11thinks] fit.

(9)Where any authorisation is granted, the [F3 appropriate Agency]—

[F12(a)shall furnish the person to whom the authorisation is granted with a certificate which contains all material particulars of the authorisation or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate—

(i)to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and

(ii)in the case of an authorisation to which subsection (5) applies, to any other public or local authority consulted in relation to the authorisation in accordance with that subsection.

(10)An authorisation shall have effect as from such date as may be specified in it; and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in subsection (9)(b), the [F3appropriate Agency]. . .—

(a)shall have regard to the time at which those copies may be expected to be sent, and

(b)shall fix a date appearing to [F13it] to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,

unless in [F13its] opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.

F14(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F2Words in s. 16(2) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 205(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3Words in s. 16 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4S. 16(3) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 205(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words in s. 16(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6Words in s. 16(4A)(a) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(2)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F7Words in s. 16(4A)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(2)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F8Words in s. 16(5) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F9Words in s. 16(6) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 2; S.I. 2004/1973, art. 2, Sch.

F10Words in s. 16(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F11Words in s. 16(8)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(8) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F13Words in s. 16(10) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(9)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C1S. 16(4A) amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 21 (with s. 38); S.I. 2000/1066, art. 2

16 Grant of authorisations.N.I.

(1)In this section, unless a contrary intention appears, “authorisation” means an authorisation granted under section 13 or 14.

(2)Subject to subsection (3), the power to grant authorisations shall be exercisable by the chief inspector.

(3)In England, Wales and Northern Ireland, the power to grant authorisations under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site shall be exercisable by the chief inspector and the appropriate Minister; and the disposal of radioactive waste on or from any such premises in England, Wales or Northern Ireland shall not be treated as authorised under section 13(1) unless it is so authorised by both the chief inspector and that Minister.

(4)Any application for an authorisation shall be accompanied by the prescribed fee.

(5)Before granting an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from premises situated on a nuclear site, the chief inspector and, where the premises are in England, Wales or Northern Ireland, the appropriate Minister shall each consult with such local authorities, relevant water bodies or other public or local authorities as appear to him to be proper to be consulted by him.

(6)On [F9 receipt of an application ], the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.

(7)An application for an authorisation (other than an application to which subsection (3) applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.

(8)An authorisation may be granted—

(a)either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation, and

(b)subject to such limitations or conditions as the chief inspector or, as the case may be, the chief inspector and the appropriate Minister think fit.

(9)Where any authorisation is granted, the chief inspector—

[F12(a)shall furnish the person to whom the authorisation is granted with a certificate which contains all material particulars of the authorisation or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate—

(i)to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and

(ii)in the case of an authorisation to which subsection (5) applies, to any other public or local authority consulted in relation to the authorisation in accordance with that subsection.

(10)An authorisation shall have effect as from such date as may be specified in it; and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in subsection (9)(b), the chief inspector or, as the case may be, the chief inspector and the appropriate Minister—

(a)shall have regard to the time at which those copies may be expected to be sent, and

(b)shall fix a date appearing to him or them to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,

unless in his or their opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F9Words in s. 16(6) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 2; S.I. 2004/1973, art. 2, Sch.