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SCHEDULE 23E+WRadioactive substances activities

PART 6E+WRadioactive substances activity exemptions

SECTION 2E+WExemption for keeping and using radioactive material and accumulating radioactive waste

Exemption for keeping and using radioactive materialE+W

3.—(1) A person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(a) of Part 2 of this Schedule in respect of—

(a)subject to sub-paragraph (2), the radioactive material described in paragraph 5, where A complies with the relevant standard conditions and—

(i)in respect of radioactive material described in paragraph 5(1)(a), the condition in paragraph 6(1), and

(ii)in respect of radioactive material described in paragraph 5(1)(b), the condition in paragraph 6(2), or

(b)radioactive material stored in transit.

(2) A is not exempt from the requirement for an environmental permit under sub-paragraph (1)(a) in respect of a high activity source where A takes possession of it.

Exemption for accumulating radioactive wasteE+W

4.—(1) This paragraph applies to the following radioactive substances activities—

(a)the activity described in paragraph 11(2)(c) of Part 2 of this Schedule (“Activity A”), and

(b)the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”).

(2) In this paragraph, “paragraph 5 waste” means radioactive waste described in paragraph 5.

(3) A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or B, in respect of radioactive waste which is stored in transit.

(4) Subject to sub-paragraph (5), a person (“B”) is exempt from the requirement for an environmental permit to carry on Activity A or B in respect of paragraph 5 waste where—

(a)B receives that waste for accumulation on premises (with a view to its subsequent management by B on those premises),

(b)in respect of those premises B manages substantial quantities of waste which is not radioactive waste, and

(c)the management of the radioactive waste will be completed by B as soon as is reasonably practicable, with the radioactive waste dispersed in non-radioactive waste.

(5) B is not exempt under sub-paragraph (4) from the requirement for an environmental permit to carry on Activity B where the waste received by B is or contains a high-activity source.

(6) A person (“C”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of paragraph 5 waste, where C complies with the relevant standard conditions and—

(a)in respect of radioactive waste described in paragraph 5(1)(a), the condition in paragraph 6(1), and

(b)in respect of radioactive waste described in paragraph 5(1)(b), the condition in paragraph 6(2).

(7) A person (“D”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of radioactive waste which is a sealed source, an electrodeposited source or a tritium foil source which—

(a)contains a quantity of radionuclides which exceeds the value specified in column 2 of Table 4 in respect of the relevant type of source,

(b)immediately before it became radioactive waste, was radioactive material in the form of a sealed source, an electrodeposited source or a tritium foil source (as appropriate), and

(c)has not been received by D for the purpose of D disposing of it,

where D complies with the relevant standard conditions.

[F1(8) D is not exempt under sub-paragraph (7) from the requirement for an environmental permit where the waste accumulated is or contains a high-activity or similar source.]

Textual Amendments

Radioactive substances exempted under paragraphs 3 and 4E+W

5.—(1) Subject to sub-paragraph (2), paragraphs 3(1)(a) and 4(4) and (6) apply to—

(a)a substance or article described in an entry in column 1 of Table 4 which contains a quantity of radionuclides that does not exceed the value specified in column 2 of Table 4 in respect of that substance or article, or

(b)any substance or article which is not described in an entry in column 1 of Table 4.

(2) Sub-paragraph (1) does not apply to NORM wasteF2....

Textual Amendments

Conditions in respect of the total quantity or concentration of radioactive substances on any premisesE+W

6.—(1) The condition referred to in paragraphs 3(1)(a)(i) and 4(6)(a) is that, in respect of the total amount of a substance or article described in paragraph 5(1)(a) (including any mobile radioactive apparatus) on the premises, the quantity of radionuclides must not exceed the value specified for that substance or article in column 3 of Table 4.

(2) The condition referred to in paragraphs 3(1)(a)(ii) and 4(6)(b) in respect of a substance or article described in paragraph 5(1)(b) is that—

(a)in respect of the total amount of such substances and articles on the premises, the quantity of radioactivity does not exceed the value specified in column 2 of Table 5, or

(b)no such substance or article on the premises contains a concentration of radioactivity that exceeds the value specified in column 3 of Table 5.

Exemption for accumulating NORM wasteE+W

7.—[F3(1) This paragraph applies to the following radioactive substances activities—

(a)the activity described in paragraph 11(2)(c) of Part 2 of this Schedule (“Activity A”);

(b)the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”)]

(2) F4...A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of [F5NORM waste], where another person (“B”) transfers that waste to A—

(a)in accordance with—

(i)a disposal permit held by B, or

(ii)an exemption from holding such a permit that applied to B in respect of the transfer to A, and

(b)for the purpose of its accumulation by A with a view to its subsequent management by A on the premises on which it is received by A.

(3) F6...A person (“C”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of [F7NORM waste] where C complies with the relevant standard conditions.

F8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments