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Statutory Instruments
Environmental Protection, England And Wales
Made
11th August 2011
Coming into force in accordance with regulation 1(b)
These Regulations are made in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999 M1.
The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of that Act consulted M2—
the Environment Agency;
such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and
such other bodies or persons as they consider appropriate.
A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of that Act M3.
Accordingly, the Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make the following Regulations.
Marginal Citations
M11999 c. 24. Paragraph 9A was inserted by S.I. 2005/925, Schedule 6, paragraph 2(2)(a). Paragraph 21A was inserted by section 38 of the Waste and Emissions Trading Act 2003 (c. 33). Paragraph 24 was amended by S.I. 2005/925, Schedule 6, paragraph 2(2)(b). Paragraph 25 was amended by section 105(1)(a) and (b) of the Clean Neighbourhoods and Environment Act 2005 (c. 16). Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
M2The requirement in that section to consult the bodies and persons mentioned was transferred from the National Assembly for Wales to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The consultation carried out by the National Assembly for Wales has effect as if it were carried out by the Welsh Ministers by virtue of paragraph 39(3) of that Schedule to that Act.
M3The reference in section 2(8) to approval by each House of Parliament has effect in relation to exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
Charles Hendry
Minister of State,
Department of Energy and Climate Change
Date 20th July 2011
John Griffiths
Minister for Environment and Sustainable Development
one of the Welsh Ministers
Date 11th August 2011
Regulation 15
Regulation 35(2)(q)
2. The Table 1 summation rule in respect of column 2, 3 or 4 means the sum of the quotients A/B where—
(a)“A” means the concentration of each radionuclide listed in column 1 of Table 1 that is present in the substance or article; and
(b)“B” means the concentration of that radionuclide specified in column 2, 3 or 4 (as appropriate) of Table 1.
4. The Table 2 column 2 summation rule means the sum of the quotients A/B where—
(a)“A” means the concentration of each radionuclide listed in column 1 of Table 2 that is present in the substance or article, and
(b)“B” means the concentration of that radionuclide specified in column 2 of Table 2.
27. The summation rule in respect of column 2 of Table 5 is the sum of the quotients A/B where—
(a)“A” means the quantity of each radionuclide listed in column 1 of Table 5 that is present in the material and waste; and
(b)“B” means the quantity of that radionuclide specified in column 2 of Table 5.
28. The summation rule in respect of column 3 of Table 5 is the sum of the quotients C/D where—
(a)“C” means the concentration of each radionuclide listed in column 1 of Table 5 that is present in the material and waste; and
(b)“D” means the concentration of that radionuclide specified in column 3 of Table 5.
31. The summation rule in respect of column 2 of Table 7 is the sum of the quotients A/B where—
(a)“A” means the concentration in Bq/ litre of each radionuclide listed in column 1 of Table 7 that is present in aqueous waste which is not described in a row in column 1 of Table 6; and
(b)“B” means the concentration of that radionuclide specified in column 2 of Table 7.
32. The summation rule in respect of column 3 of Table 7 is the sum of the quotients C/D where—
(a)“C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year; and
(b)“D” means the quantity of that radionuclide specified in column 3 of Table 7.
33. The summation rule in respect of column 4 of Table 7 is the sum of the quotients C/E where—
(a)“C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year; and
(b)“E” means the quantity of that radionuclide specified in column 4 of Table 7.
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.
Marginal Citations
M9OJ No L 159, 29.6.1996, p 1.
M101965 c. 57. Section 5(3) was amended by S.I. 1974/2056, regulation 2 and Schedule 2, paragraph 1.
M11OJ No. L 353, 31.12.2008, p.1.
M12For the meaning of ‘sec’ and ‘+’ in this part see paragraph 5.
M13EC 2000. Radiation Protection 122: Practical use of the concepts of clearance and exemption, Part 1. Report RP122 Luxembourg. European Commission.
M15OJ No L 346, 31.12.2003, p 57.
M181991 c. 56; the definition of public sewer was amended by the Water Act 2003 (c. 37).
M191965 c.57, as relevantly amended by S.I. 1974/2056 and 1990/1918, Schedule 1, paragraph 1.
M20For the meaning of “+” and “sec” in this Part see paragraph 34.
M21NRPB- R306 - Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive (April 1999), ISBN 0-85951-429-3.
M22The concentrations in this table were calculated using methods adopted by the Health Protection Agency in their document HPA-CRCE-005 - Derivation of Liquid Exclusion or Exemption Levels to Support the RSA93 Exemption Order Review, published in August 2010 (ISBN 0-978-85951-673-0).
Regulation 16
Regulation 18
Statutory Instrument Number | Citation |
---|---|
S.I. 1962/2645 | The Radioactive Substances (Exhibitions) Exemption Order 1962 |
S.I. 1962/2646 | The Radioactive Substances (Storage in Transit) Exemption Order 1962 |
S.I. 1962/2648 | The Radioactive Substances (Phosphatic Substances, Rare Earths etc) Exemption Order 1962 |
S.I. 1962/2649 | The Radioactive Substances (Lead) Exemption Order 1962 |
S.I. 1962/2710 | The Radioactive Substances (Uranium and Thorium) Exemption Order 1962 |
S.I. 1962/2711 | The Radioactive Substances (Prepared Uranium and Thorium Compounds) Exemption Order 1962 |
S.I. 1962/2712 | The Radioactive Substances (Geological Specimens) Exemption Order 1962 |
S.I. 1963/1831 | The Radioactive Substances (Waste Closed Sources) Exemption Order 1963 |
S.I. 1963/1832 | The Radioactive Substances (Schools etc) Exemption Order 1963 |
S.I. 1963/1836 | The Radioactive Substances (Precipitated Phosphate) Exemption Order 1963 |
S.I. 1967/1797 | The Radioactive Substances (Electronic Valves) Exemption Order 1967 |
S.I. 1980/953 | The Radioactive Substances (Smoke Detectors) Exemption Order 1980 |
S.I. 1985/1047 | The Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985 |
S.I. 1985/1048 | The Radioactive Substances (Luminous Articles) Exemption Order 1985 |
S.I. 1986/1002 | The Radioactive Substances (Substances of Low Activity) Exemption Order 1986 |
S.I. 1990/2512 | The Radioactive Substances (Hospitals) Exemption Order 1990 |
S.I. 1991/477 | The Radioactive Substances (Smoke Detectors) Exemption (Amendment) Order 1991 |
S.I. 1992/647 | The Radioactive Substances (Substances of Low Activity) Exemption (Amendment) Order 1992 |
S.I. 1995/2395 | The Radioactive Substances (Hospitals) Exemption (Amendment) Order 1995 |
S.I. 2002/1177 | The Radioactive Substances (Natural Gas) Exemption Order 2002 |
S.I. 2006/1500 | The Radioactive Substances (Testing Instruments) Exemption (England and Wales) Order 2006 |
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