The Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2007

Amendments

2.—(1) The Radioactive Contaminated Land Regulations (Northern Ireland) 2006(1) are amended as follows.

(2) In regulation 2(2)—

(a) after the definition of “the chief inspector”, insert—

““contaminated land” has the meaning given to it in regulation 2A;”;

(b) after the definition of “ionising radiation”, insert—

““land contaminated by a nuclear occurrence” means contaminated land which, by virtue of it being such, damage to that land has occurred, being—

(a)

damage caused in breach of any duty imposed by section 7, 8, 9 or 10 of the 1965 Act, or deemed to be so caused by section 12(2) of that Act;

(b)

damage which would have been so caused or would have been deemed by section 12(2) of the 1965 Act to have been so caused if, in section 7(1)(a) or (b) of that Act, the words “other than the licensee” or, in section 10(1) of that Act, the words “other than the operator” had not been enacted; or

(c)

damage in respect of which any relevant foreign operator or other person is liable under any relevant foreign law, or for which he would be so liable—

(i)

but for any exclusion or limitation of liability applying by virtue of any provision of that law made for purposes corresponding to those of section 13(3) or (4)(a), 15, 16(1) and (2) or 18 of the 1965 Act; or

(ii)

if any such relevant foreign law which does not contain provision made for purposes corresponding to those of section 13(4)(b) of the 1965 Act did contain such provision;”;

(c) for the definition of “lasting exposure”, substitute—

““lasting exposure” means an exposure—

(a)

arising from the after–effects of a radiological emergency, past practice or past work activity; and

(b)

giving rise to doses that exceed one or more of the following criteria—

(i)

an effective dose of 3 millisieverts per annum,

(ii)

an equivalent dose to the lens of the eye of 15 millisieverts per annum, or

(iii)

an equivalent dose to the skin of 50 millisieverts per annum,

where the estimation of an effective dose and equivalent dose is undertaken in accordance with Articles 15 and 16 of the Directive;

“licensee”, “relevant foreign law” and “relevant foreign operator” have the meanings given to them by section 26(1) of the 1965 Act;”;

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

““responsible person” means—

(a)

in relation to land contaminated by a nuclear occurrence, the Secretary of State; and

(b)

in any other situation to which these Regulations apply, first the polluter and if the polluter is not found, the owner or occupier of the land;”; and

(e) after paragraph (2), insert—

“(3) Any other word or expression used both in these Regulations and in the Directive has the same meaning for the purposes of these Regulations as it has in that Directive.”.

(3) After regulation 2, insert—

“Meaning of contaminated land

2A.— (1) “Contaminated land” is land which the Chief Inspector has identified as being in such a condition by reason of substances in, on or under the land that lasting exposure to any person—

(a) is being caused; or

(b) is likely to be caused.

(2) Except where paragraph (4) applies, in paragraph (1), lasting exposure to any person is likely to be caused when, having regard to any uncertainties, the potential annual effective dose from any lasting exposure multiplied by the probability of the dose being received is greater than 3 millisieverts.

(3) Paragraph (2) only applies where—

(a) the potential annual effective dose is below or equal to 50 millisieverts per annum; and

(b) the potential annual dose equivalents to the lens of the eye and to the skin are below or equal to 15 millisieverts and 50 millisieverts respectively.

(4) This paragraph applies where the conditions in either sub–paragraph (a) or sub–paragraph (b) of paragraph (3) do not apply, in which case lasting exposure to any person is likely to be caused where the Chief Inspector considers that there is a likelihood of lasting exposure being caused.

(5) In this regulation, “potential annual effective dose” and “potential annual dose equivalent” refer to doses that are not certain to occur.”.

(4) For regulation 4, substitute—

“Intervention notices

4.— (1) Subject to paragraph (3), the Chief Inspector may, by serving an intervention notice upon the responsible person, require that the responsible person carry out the necessary actions set out in regulation 3(2).

(2) If no responsible person is identified then the Department shall undertake the necessary actions set out in regulation 3(2).

(3) Where, by virtue of the land being land contaminated by a nuclear occurrence, the Secretary of State is the responsible person, the Department shall undertake the necessary actions set out in regulation 3(2).

(4) Where the Department has a duty to take action by virtue of paragraph (3), the Secretary of State shall make available to the Department a sum of money in respect of costs and expenses incurred or to be incurred by the Department (or by a person on its behalf) in discharging that duty.”.

(5) For regulation 7, substitute—

“Scope

7.   These Regulations do not apply if—

(a) action is required to be taken by the Health and Safety Executive for Northern Ireland under paragraph (2) of regulation 13 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001; and

(b) that action is something which, except for this regulation, could be required to be done under regulation 3(2).”.

(1)

S. R. (NI) 2006 No 345.