The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015

Draft Order laid before Parliament under section 232(6) of the Planning Act 2008, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2015 No. 0000

Infrastructure Planning

The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015

Made

2015

Coming into force

2015

The Secretary of State, in exercise of the powers conferred by sections 14(3) and (4) and 232(3) of the Planning Act 2008(1), makes the following Order.

A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 232(6) of that Act.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 and comes into force on the day after the day on which it is made.

(2) In this Order, “the Act” means the Planning Act 2008.

Amendments to the Act

2.—(1) The Act is amended as follows.

(2) In section 14 (nationally significant infrastructure projects: general)—

(a) after subsection (1)(p), insert—

“;

(q) development relating to a radioactive waste geological disposal facility.”,

(b) in subsection (2), for “30” substitute “30A”.

(3) After section 30, insert—

“30A    Radioactive waste geological disposal facilities

(1) A radioactive waste geological disposal facility means a facility which meets the conditions in subsection (2).

(2) The conditions are that—

(a) the main purpose of the facility is expected to be the final disposal of radioactive waste,

(b) the part of the facility where radioactive waste is to be disposed of is expected to be constructed at a depth of at least 200 metres beneath the surface of the ground or seabed, and

(c) the natural environment which surrounds the facility is expected to act, in combination with any engineered measures, to inhibit the transit of radionuclides from the part of the facility where radioactive waste is to be disposed of to the surface.

(3) Development is within section 14(1)(q) only if the development is within subsection (4) or (6) of this section.

(4) Development is within this subsection if—

(a) it is the construction of one or more boreholes, and the carrying out of any associated excavation, construction or building work,

(b) the borehole or boreholes will be constructed, and any associated excavation, construction or building work will be carried out, in England or waters adjacent to England up to the seaward limits of the territorial sea, and

(c) the conditions in subsection (5) are met in relation to each borehole.

(5) The conditions are that—

(a) the borehole is expected to be constructed to a depth of at least 150 metres beneath the surface of the ground or seabed, and

(b) the main purpose of constructing the borehole is to obtain information, data or samples to determine the suitability of a site for the construction or use of a radioactive waste geological disposal facility.

(6) Development is within this subsection if—

(a) it is the construction of a radioactive waste geological disposal facility, and

(b) the facility (when constructed) will be in England or waters adjacent to England up to the seaward limits of the territorial sea.

(7) In this section—

“disposal” in relation to radioactive waste means emplacement in an appropriate facility without the intention to retrieve;

“radioactive waste” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010(2) (see paragraph 3(1) of Part 2 of Schedule 23 to those regulations).”.

(4) In subsection (1)(b) of section 240 (extent), for “30” substitute “30A”.

(5) In paragraph 2 of Schedule 12 (application of the Act to Scotland: modifications)—

(a) in sub-paragraph (a)(ii), for “(p)” substitute “(q)”,

(b) in sub-paragraph (b), for “30” substitute “30A”.

Name

Parliamentary Under Secretary of State

Department of Energy and Climate Change

Date

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order amends the Planning Act 2008 (“the 2008 Act”).

The 2008 Act was amended by Chapter 6 of Part 6 of the Localism Act 2011, which came into force on 1st April 2012, by virtue of article 7 of the Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012 (S.I. 2012/628 (C. 14)). Section 128 of the Localism Act 2011 abolishes the Infrastructure Planning Commission, and Schedule 13 transfers its functions to the Secretary of State.

Article 2(2) of this Order amends section 14(1) of the 2008 Act to extend the categories of infrastructure project which are nationally significant for the purposes of the 2008 Act by adding to them a new type of project, being development relating to radioactive waste geological disposal facilities. This new type of project is subject to the limitations in new section 30A of the 2008 Act inserted by article 2(3) of this Order. The new section 30A provides criteria for determining whether any particular project for development relating to radioactive waste geological disposal facilities is to be treated as a nationally significant infrastructure project for the purposes of the 2008 Act.

Article 2(4) makes further consequential amendments in respect of Schedule 12 to the 2008 Act.

(1)

2008 c.29; relevant amendments are made by the Localism Act 2011 (c.20).

(2)

S.I. 2010/675.