[F1[F21FRadionuclides not of natural terrestrial or cosmic origin in background radioactivityU.K.
(1)A substance or article is not radioactive material or radioactive waste where—
(a)it is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—
(i)are not of natural terrestrial or cosmic origin; and
(ii)are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom; and
(b)in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste under this Act.
(2)In this section, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.]]
Textual Amendments
F1Ss. 1A-1H, 1J (with a reference to the "Scottish Ministers" in s. 1J) substituted for ss. 1, 2 (S.) (1.10.2011) by The Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011 (S.S.I. 2011/207), regs. 1(1), 3; and those same sections (with a reference to the "Department of Environment" in s. 1J) substituted (N.I.) (1.10.2011) by The Radioactive Substances Act 1993 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/290), regs. 1, 3
F2Ss. 1-24 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)