(1)In this section, unless a contrary intention appears, “authorisation” means an authorisation granted under section 13 or 14.
(2)F1. . ., the power to grant authorisations shall be exercisable by the [F2appropriate Agency].
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Any application for an authorisation shall be accompanied by the [F4charge 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 [F5Food 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 [F6Food Standards Agency] concerning the terms of the authorisation, for which purpose that Agency shall, before granting any authorisation on that application, send [F6that 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 [F2appropriate Agency][F7shall] consult with such local authorities, relevant water bodies or other public or local authorities as appear to [F7that Agency] to be proper to be consulted by [F7that Agency].
(6)On any application being made, the [F2appropriate 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 [F8(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 [F2appropriate 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 [F2appropriate Agency][F9thinks] fit.
(9)Where any authorisation is granted, the [F2 appropriate Agency]—
(a)shall furnish the person to whom the authorisation is granted with a certificate containing all material particulars of the authorisation, 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 [F2appropriate Agency] F10...—
(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 [F11it] 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 [F11its] opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.
F12(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
F1Words 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
F2Words 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
F3S. 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
F4Words 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
F5Words 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
F6Words 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
F7Words 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
F8Words 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
F9Words 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
F10Words in s. 16(10) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 205(9)(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F11Words 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
F12S. 16(11) repealed (1.4.2000) by 1999 c. 28, s. 40(2)(4), Sch. 5 para. 43(2)(c), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
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