Energy Act 2004

15 Duty to decommission and clean up installations and sites

(1) This section applies where the NDA has a responsibility for securing the decommissioning of an installation or the cleaning-up of a site.

(2) It shall be the duty of the NDA to take all such steps as it considers appropriate—

(a) for securing the implementation in the case of that installation or site of the NDA’s approved strategy for decommissioning and cleaning-up;

(b) for the achievement of the objectives set out in that strategy that are applicable to that installation or site; and

(c) for giving effect in each financial year to its approved plan for that year, so far as it relates to the decommissioning of that installation or the cleaning-up of that site.

(3) In the case of a designated site which is a contaminated site, that duty has effect subject to such general and specific directions relating to the manner in which the NDA is to discharge its responsibilities in relation to that site as may be given to it—

(a) in the case of a site in Scotland, by the Secretary of State and the Scottish Ministers, acting jointly; and

(b) in any other case, by the Secretary of State.

(4) The NDA must comply with all such directions.