Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

Change or extension of project U.K.

13.—(1) Where there is a change or extension of—

(a) any project in respect of which a consent has been granted pursuant to regulation [F1 4(1)(b)]; or

(b) any project which commenced prior to the coming into force of these Regulations,

which change or extension may have significant adverse effects on the environment, the licensee shall apply to the [F2 ONR] for a determination as to whether the project shall be made subject to an environmental impact assessment and shall not commence or continue [F3 with the change or extension to the project and any other part of the project that the [F2 ONR] may direct] until such determination has been made.

[F4 (2) In determining for the purpose of paragraph (1) whether an environmental impact assessment is required, the ONR shall have regard to—

(a) the relevant selection criteria set out in Schedule 2;

(b) where relevant, the results of any relevant EU environmental assessment which are reasonably available to the ONR.]

(3) The licensee shall provide to the [F2 ONR] [F5 the information specified in Schedule 3] to enable the determination referred to in paragraph (1) to be made.

[F6 (3A) When compiling that information, the licensee shall take into account the results of any relevant EU environmental assessment which are reasonably available to the licensee.

(3B) The licensee may provide to the ONR a description of any feature of the project or measure envisaged to avoid or prevent what otherwise might be significant adverse effects on the environment.

(3C) The ONR may in writing require that the licensee provides further information where the ONR considers that the further information is required in order for it to reach its determination under paragraph (1).]

(4) Where the [F2 ONR] determines for the purposes of paragraphs (1) and (2) that an environmental impact assessment is required in respect of the project, regulations 4 to 10 and 12 shall apply as if any reference in those regulations to the project were a reference to the project as so changed or extended.

(5) [F7 Following the ONR’s determination under paragraph (1)], the [F2 ONR] shall—

(a) in writing, inform the licensee and the Secretary of State of the decision; and

(b) inform the public of the decision by publishing a notice in a newspaper circulating in the locality of the site concerned, or by such other means as are reasonable in the cirumstances, stating the main reasons on which the decision is based [F8 , with reference to the relevant selection criteria set out in Schedule 2].

[F9 (6) Where the ONR determines under paragraph (1) that an environmental impact assessment is not required, the ONR shall state in the notice or other means referred to in paragraph (5)(b) any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(7) The ONR shall make its determination under paragraph (1)—

(a) as soon as possible after the day on which it is provided with the information under paragraph (3) or (3C) (whichever is the later); and

(b) in any event, within a period of 90 days beginning with that day.

(8) The ONR may, if satisfied that there are exceptional circumstances (including circumstances relating to the nature, complexity, location or size of the project), extend the period mentioned in paragraph (7).

(9) If the ONR exercises the power in paragraph (8), it shall inform the licensee in writing of the reasons for the extension and the date by which it expects to make its determination under paragraph (1).]

Textual Amendments

F1 Word in reg. 13(1)(a) substituted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 14(2) (with reg. 22)

F2 Word in Regulations substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), Sch. 3 para. 95 (with Sch. 4)

F3 Word in reg. 13(1) substituted (6.4.2006) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2006 (S.I. 2006/657), regs. 1, 2(9)

F4 Reg. 13(2) substituted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 14(3) (with reg. 22)

F5 Words in reg. 13(3) substituted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 14(4) (with reg. 22)

F6 Reg. 13(3A)-(3C) inserted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 14(5) (with reg. 22)

F7 Words in reg. 13(5) substituted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 14(6)(a) (with reg. 22)

F8 Words in reg. 13(5)(b) inserted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 14(6)(b) (with reg. 22)

F9 Reg. 13(6)-(9) inserted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 14(7) (with reg. 22)

Commencement Information

I1 Reg. 13 in force at 19.11.1999, see reg. 1