(1)In this Act “radioactive material” means anything which, not being waste, is either a substance to which this subsection applies or an article made wholly or partly from, or incorporating, such a substance.
(2)The preceding subsection applies to any substance falling within either or both of the following descriptions, that is to say,—
(a)a substance containing an element specified in the first column of the Third Schedule to this Act, in such a proportion that the number of microcuries of that element contained in the substance, divided by the number of grammes which the substance weighs, is a number greater than that specified in relation to that element in the appropriate column of that Schedule;
(b)a substance possessing radioactivity which is wholly or partly attributable to a process of nuclear fission or other process of subjecting a substance to bombardment by neutrons or to ionising radiations, not being a process occurring in the course of nature, or in consequence of the disposal of radioactive waste, or by way of contamination in the course of the application of a process to some other substance.
(3)In paragraph (a) of the last preceding subsection “the appropriate column”—
(a)in relation to a solid substance, means the second column;
(b)in relation to a liquid substance, means the third column; and
(c)in relation to a substance which is a gas or vapour, means the fourth column.
[F1(3A)For the purposes of paragraph (b) of subsection (2) of this section, a substance shall not be treated as radioactive material if the level of radioactivity is less than such level as may be prescribed for substances of that description.]
(4)In this Act “radioactive waste” means waste which consists wholly or partly of—
(a)a substance or article which, if it were not waste, would be radioactive material, or
(b)a substance or article which has been contaminated in the course of the production, keeping or use of radioactive material, or by contact with or proximity to other waste falling within the preceding paragraph or this paragraph.
[F2(5)In this Act “mobile radioactive apparatus” means any apparatus, equipment, appliance or other thing which is radioactive material and—
(a)is constructed or adapted for being transported from place to place; or
(b)is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms.]
(6)The F3chief inspectormay by order vary the provisions of the Third Schedule to this Act, either by adding further entries to any column of that Schedule or by altering or deleting any entry for the time being contained in any column thereof; and, in relation to any time after those provisions have been so varied, any reference in subsection (2) of this section to that Schedule shall be construed as a reference to that Schedule as it has effect for the time being.
Textual Amendments
F1S. 18(3A) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 17
F2S. 18(5) substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 7(2)
F3Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 100(2)
Modifications etc. (not altering text)
C1S. 18(3A) amended by S.I. 1990/2598, art. 2
C2S. 18(5) amended by S.I. 1990/2598, art. 2