The Environmental Permitting (England and Wales) Regulations 2010 No. 675

[F1 SCHEDULE 23 E+W+S Radioactive substances activities

Textual Amendments

F1 Sch. 23 substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1

PART 8 E+W+S Radioactivity to be disregarded

SECTION 1 E+W+S Provisions

Interpretation E+W+S

1.— (1) For the purposes of the matters referred to in sub-paragraph (2), no account is to be taken of any radioactivity possessed by a substance or article or by a part of any premises.

(2) The matters are—

(a) the operation of a provision to which this Part applies;

(b) the exercise of a power conferred by, or for the enforcement of, a provision to which this Part applies; and

(c) the performance of a duty imposed by, or for the enforcement of, a provision to which this Part applies.

2.— (1) This Part applies to a provision—

(a) specified in paragraph 3;

(b) contained in an instrument made under a provision so specified;

(c) which has effect by virtue of a provision so specified; or

(d) which extends or applies a provision so specified.

(2) This Part also applies to a provision of a local enactment (whenever passed or made and however expressed) in so far as it—

(a) prohibits or restricts—

(i) the disposal or accumulation of waste;

(ii) the disposal or accumulation of a substance which is or causes a nuisance; or

(iii) a disposal or accumulation which causes pollution; or

(b) confers a power, or imposes a duty, on a public authority or an officer of a public authority to take action to prevent, restrict or abate a disposal or accumulation of a description given in paragraph (a).

(3) In sub-paragraph (2)—

(a) a reference to “disposal” in relation to a provision to which this Part applies, means—

(i) the discharge or deposit of a substance; or

(ii) the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision; and

(b) “local enactment” means—

(i) a local or private Act;

(ii) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; or

(iii) an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.

Provisions of enactments E+W+S

3.— (1) The provisions referred to in paragraph 2(1) are those listed in table 9 below.

(2) References to provisions of the Water Resources Act 1991 have effect subject to the power conferred by section 98 of that Act.

Table 9

Statutory provisions in respect of which radioactivity is to be disregarded

Act	Provisions
Public Health Act 1936 (c. 49)	Sections 48, 79, 81, 82, 141, 259 and 261.
Water Act 1945 (c. 42)	Section 18 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the Control of Pollution Act 1974 not having been brought into force.
Salmon and Freshwater Fisheries Act 1975 (c. 51)	Section 4.
Building Act 1984 (c. 55)	Section 59.
The Planning (Hazardous Substances) Act 1990 (c. 10)	The whole Act.
Environmental Protection Act 1990 (c. 43)	Part III (subject to regulation 47(3) of the Waste (England and Wales) Regulations 2011).
Water Industry Act 1991 (c. 56)	Sections 72, 111, and 113(6); In Part IV, Chapter III; In Schedule 8, paragraphs 2 to 4 so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974.
Water Resources Act 1991 (c. 57)	Sections 82, 84, 92, 93, 161-161D, 190, 202, and 203; In Schedule 25, paragraph 6.
Clean Air Act 1993 (c. 11)	Section 16.
Marine and Coastal Access Act 2009 (c. 23)	Section 155.]