Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

Regulation 5(1)

SCHEDULE 1 INFORMATION TO BE INCLUDED IN AN ENVIRONMENTAL STATEMENT

PART I (which substantially reproduces the provisions of Annex IV of the Directive)

1.  Description of project, including in particular:

• a description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases,

• a description of the main characteristics of the production processes, for instance the nature and quantity of the materials used,

• an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation and other similar matters) resulting from the operation of the proposed project.

2.  An outline of the main alternatives studied by the licensee and an indication of the main reasons for his choice, taking into account the environmental effects.

3.  A description of the aspects of the environment likely to be significantly affected by the proposed project, including in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4.  A description of the likely effects of the proposed project on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project, resulting from:

(a) the existence of the project;

(b) the use of natural resources;

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the licensee of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

6.  A non-technical summary of the information provided under paragraphs 1 to 5 of this Part.

7.  An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the licensee in compiling the required information.

PART II (which substantially reproduces Article 5.3 of the Directive)

8.  A description of the project comprising information on the site, design and size of the project.

9.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

10.  The data required to identify and assess the main effects which the project is likely to have on the environment.

11.  An outline of the main alternatives studied by the licensee and an indication of the main reasons for his choice, taking into account the environmental effects.

12.  A non-technical summary of the information mentioned in paragraphs 8 to 11 of this Part.

Regulation 13(2)

SCHEDULE 2 CRITERIA FOR DETERMINING FURTHER ASSESSMENT(which reproduces the provisions of Annex III of the Directive)

Characteristics of projects

1.  The Characteristics of projects must be considered having regard, in particular, to—

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of projects

2.  The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under Member States' legislation; special protection areas designated by Member States pursuant to Council Directive 79/409/EEC on the conservation of wild birds(1) and Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora(2);

(vi) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3.  The potential significant effects of projects must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact;

(e) the duration, frequency and reversibility of the impact.

(1)

O.J. No L 103, 25.4.1979, p.1. Directive as last amended by the 1994 Act of Accession.

(2)

O.J. No L 206, 22.7.1992, p.7.