The Environmental Permitting (England and Wales) Regulations 2010

Interpretation: radioactive material

This section has no associated Explanatory Memorandum

2.—(1) In this Schedule, “radioactive material” means anything which, not being waste, is either a substance to which this sub-paragraph applies or an article made wholly or partly from, or incorporating, such a substance.

(2) Sub-paragraph (1) applies to any substance which—

(a)contains an element specified in the first column of the table in sub-paragraph (4), in such a proportion that the number of becquerels of that element contained in the substance, divided by the number of grams which the substance weighs, is a number greater than that specified in relation to that element in the appropriate column of that table; or

(b)possesses radioactivity which is wholly or partly attributable to a process of nuclear fission or other process of subjecting a substance to bombardment by neutrons or to ionising radiations, not being a process occurring in the course of nature, or in consequence of the disposal of radioactive waste, or by way of contamination in the course of the application of a process to some other substance.

(3) In sub-paragraph (2)(a), “the appropriate column” means—

(a)in relation to a solid substance, the second column;

(b)in relation to a liquid substance, the third column;

(c)in relation to a substance which is a gas or vapour, the fourth column.

(4) The table referred to in sub-paragraph (2)(a)—

Specified elements
ElementBecquerels per gram (Bq g (to the power of -1))
SolidLiquidGas or Vapour
1. Actinium0.377.40 x (10 to the power of -2)2.59 x (10 to the power of -6)
2. Lead0.743.70 x (10 to the power of -3)1.11 x (10 to the power of -4)
3. Polonium0.372.59 x (10 to the power of -2)2.22 x (10 to the power of -4)
4. Protoactinium0.373.33 x (10 to the power of -2)1.11 x (10 to the power of -6)
5. Radium0.373.70 x (10 to the power of -4)3.70 x (10 to the power of -5)
6. Radon--3.70 x (10 to the power of -2)
7. Thorium2.593.70 x (10 to the power of -2)2.22 x (10 to the power of -5)
8. Uranium11.10.747.40 x (10 to the power of -5)