The Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) Regulations 2018

Title and Commencement

1.—(1) The title of these Regulations is the Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) Regulations 2018.

(2) These Regulations come into force 21 days after the day they are made.

Amendments to the Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006

2.  The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006(1) are amended in accordance with regulations 3 to 5.

3.—(1) Regulation 5 (section 78A (preliminary)) is amended as follows.

(2) In paragraph (2), in the substituted section 78A(2) (definition of contaminated land), for “Secretary of State” substitute “Welsh Ministers”.

(3) In paragraph (3), in the substituted section 78A(4) (definition of harm)—

(a) for “a radiological” substitute “an”;

(b) after “activity” insert “(except in section 78E(4A)(a))”(2).

(4) In paragraph (4), in the substituted section 78A(5) (supplement to definition of harm - guidance), for “Secretary of State” substitute “Welsh Ministers”.

(5) In paragraph (6), in the substituted section 78A(7) (definition of remediation), for “cognate expressions” substitute “references to remediating”.

(6) In paragraph (6), in the substituted section 78A(7A) (supplemental definition of remediation)—

(a) after paragraph (a), insert—

“(aa) affected members of the public are identified;

(ab) assessment of the means available to the individuals identified under paragraph (aa) for controlling their own exposure is made;”;

(b) omit paragraph (c) and the “and” following it;

(c) at the end of paragraph (d), omit the full stop and insert “; and”;

(d) after paragraph (d), insert—

“(e) any other appropriate protective or remedial measure is implemented.”

(7) n paragraph (8)—

(a) for paragraph (d), substitute—

“(d) for the definition of “substance”, substitute—

“substance” means, whether in solid or liquid form or in the form of a gas or vapour, any substance containing radionuclides which have resulted from the after-effects of an emergency or have been processed as part of a past practice or past work activity;”;

(b) for paragraph (e), substitute—

“(e) after the definition of “unitary authority”, insert—

“and any other word or expression used both in this Part and in Council Directive 2013/59/Euratom, laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom(3), has the same meaning for the purposes of this Part as it has in that Directive.””

4.  In regulation 7(2) (section 78C (identification and designation of special sites)), in the substituted section 78C(10)(a), for “Secretary of State” substitute “Welsh Ministers”.

5.  In regulation 8(3) (section 78E (duty of enforcing authority to require remediation of contaminated land etc)), for the substituted section 78E(4A) and (4B), substitute—

“(4A) Where remediation includes the implementation of a protective or remedial measure, that part of the remediation which consists of the implementation of any such measure may be considered reasonable only—

(a) where the measure does more good than harm; and

(b) where the form, scale and duration of the measure is optimised.

(4B) For the purpose of subsection (4A), the form, scale and duration of a protective or remedial measure shall be taken to be optimised if the magnitude of individual doses, the likelihood of exposure and the number of individuals exposed are kept as low as reasonably achievable taking into account the current state of technical knowledge and economic and societal factors.”

Lesley Griffiths

Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

13 June 2018