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;
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.