EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke and replace the Transfrontier Shipment of Radioactive Waste Regulations 1993. They continue to implement Council Directive 96/29/Euratom laying down basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation, and implement Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel.
Principal changes
The Regulations extend the scope of the 1993 Regulations to include spent nuclear fuel for re-processing as well as shipments of radioactive waste.
In addition, they establish a procedure of deemed consent after a period of two or three months (paragraph 2(3)(b) of Schedule 1).
The Regulations
Part 2 of the Regulations creates offences relating to the transfrontier shipment of radioactive waste or spent fuel without an authorisation granted by the Environment Agency (in England and Wales), the Scottish Environment Protection Agency (in Scotland) or the Chief Inspector appointed under the Radioactive Substances Act 1993 (in Northern Ireland). The Regulations set out the administrative procedures relating to such authorisations, and to consents required by competent authorities relating to granting the authorisations.
They are enforced by the Environment Agency (in England and Wales), the Scottish Environment Protection Agency (in Scotland) and the Chief Inspector appointed under the Radioactive Substances Act 1993 (in Northern Ireland).
A person guilty of an offence under these Regulations is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
A full impact assessment has been prepared and placed in the libraries of both Houses of Parliament. It is available at www.defra.gov.uk.