23.—(1) Subject to sub-paragraph (2), a person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule in respect of gaseous radioactive waste where—
(a)the only radionuclide contained in that waste is Kr-85 and A—
(i)ensures that in respect of the total amount of such waste which is disposed of from the premises in a year, the total quantity of radioactivity does not exceed 1011 Bq, and
(ii)complies with the conditions in paragraph 24(1), or
(b)subject to sub-paragraph (3), that waste—
(i)is released from within a container at the time that the container is opened, and
(ii)is emitted by solid or liquid radioactive material within the container,
and A complies with the conditions in paragraph 24(1).
(2) Sub-paragraph (1) does not apply to waste where the person who generated that waste did not minimise the quantity of radionuclides generated as waste to the extent reasonably practicable.
(3) Sub-paragraph (1)(b) does not apply in respect of any gas which arises as a result of a process applied by a person to the contained radioactive material.