PART 1INTRODUCTION

Application and exceptions3

1

These Regulations apply to any establishment which is either a lower tier establishment or an upper tier establishment.

2

These Regulations do not apply to any of the following—

a

an establishment which is under the control of—

i

the Secretary of State for the purposes of the Ministry of Defence;

ii

a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 196423 or the service authorities of a visiting force within the meaning of any of the provisions of Part 1 of the Visiting Forces Act 195224;

b

hazards created by ionising radiation originating from substances;

c

substances which create a hazard from ionising radiation if present on a nuclear establishment;

d

the exploitation, namely the exploration, extraction and processing, of minerals in mines and quarries, including by means of boreholes, except any of the following which involve dangerous substances—

i

onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines;

ii

chemical and thermal processing operations and storage related to those operations;

iii

operational tailings disposal facilities, including tailing ponds or dams;

e

the offshore exploration and exploitation of minerals, including hydrocarbons;

f

the storage of gas at underground offshore sites including dedicated storage sites and sites where exploration and exploitation of minerals, including hydrocarbons, are also carried out;

g

waste landfill sites, including underground waste storage, except—

i

any of the following that involve dangerous substances—

aa

chemical and thermal processing operations and storage related to those operations; or

bb

operational tailings disposal facilities, including tailing ponds or dams;

ii

sites used for the storage of metallic mercury pursuant to Article 3(1)(b) of Regulation (EC) No. 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain compounds and mixtures and the safe storage of metallic mercury25.