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The Environmental Authorisations (Scotland) Regulations 2018

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1.  In this schedule—

“contaminated materials activity” means a radioactive substances activity involving radioactive material where—

(a)

the material is contaminated, but not with the intention of utilising its radioactive, fissile or fertile properties; and

(b)

in the absence of such contamination, the substance or article would not be radioactive material; and

(c)

the radioactive material is kept on the premises on which the contamination occurred;

“concluded” means for the purposes of paragraph 3, in relation to an application, that—

(a)

the application has been granted, refused or withdrawn; and

(b)

the period allowed for appeals has passed or an appeal has been determined or withdrawn;

“concluded” means for the purposes of paragraph 4, in relation to an application, that—

(a)

the application has been granted or withdrawn; or

(b)

the application has been refused and the period allowed for appeals has passed or, where an appeal has been made during that period, the appeal has been determined or withdrawn;

“Exemption Order” means the Radioactive Substances Exemption (Scotland) Order 2011(1);

“existing licence” means—

(a)

a registration made under section 7 or 10 of the 1993 Act; or

(b)

an authorisation granted under section 13 or 14 of the 1993 Act,

before the relevant date;

“new activity” means an activity being carried on immediately before the relevant date which is—

(a)

a regulated activity;

(b)

an activity which the person would have been able to lawfully carry on immediately before the relevant date without an existing licence; and

(c)

not—

(i)

authorised by means only of being carried on in compliance with the general binding rules specified for the activity; or

(ii)

a contaminated materials activity;

“relevant date” means the date these Regulations come into force in accordance with regulation 1;

“1993 Act” means the Radioactive Substances Act 1993(2);

“6 months date” means the date falling after a period of 6 months from the relevant date.

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