Radioactive Substances Act 1993

30 Power of Secretary of State to dispose of radioactive waste. E+W+S

(1) If there is radioactive waste on any premises, and [F1 the appropriate Agency] is satisfied that—

(a) the waste ought to be disposed of, but

(b) by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless [F1 that Agency] exercises [F1 its] powers under this section,

[F1 that Agency] shall have power to dispose of that radioactive waste as [F1 that Agency] may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by [F1 that Agency] in disposing of it.

(2) In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

(3) For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the M1 Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—

(a) with the substitution in section 294 for references to a council of references to the [F2 Environment Agency] or, in Northern Ireland, the Department of the Environment for Northern Ireland, and

(b) in relation to Northern Ireland, as if that Act extended to Northern Ireland.

(4) For the purposes of this section in its application to Scotland, the definition of “owner” in [F3 section 3 of the Public Health (Scotland) Act 1897] [F3 section 78A(9) (preliminary) of the Environmental Protection Act 1990] and the provisions of section 336 of the M2 Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to [F4 SEPA] for references to a local authority.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 Words in s. 30(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(2)(a)(b)(c) (with ss. 7(6), 117); S. I. 1996/186, art. 3

F2 Words in s. 30(3) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(3) (with ss. 7(6), 117); S. I. 1996/186, art. 3

F3 Words in s. 30(4) substituted (S.) (1.10.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009 (S.S.I. 2009/319), sch. 2 para. 5

F4 Words in s. 30(4) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(4) (with ss. 7(6), 117); S. I. 1996/186, art. 3

Modifications etc. (not altering text)

C1 S. 30(1): functions of the Secretary of State transferred (E.W.) (1.4.1996) to the Environment Agency by 1995 c. 25, s. 2(1)(h)(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C2 S. 30(1): functions of the Secretary of State transferred (S.) (12.10.1995) to the Scottish Environment Protection Agency by 1995 c. 25, s. 21(1)(i)(2)(d) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Marginal Citations

M1 1936 c. 49.

M2 1987 c. 26.

30 Power of Secretary of State to dispose of radioactive waste. N.I.

(1) If there is radioactive waste on any premises, and the Secretary of State is satisfied that—

(a) the waste ought to be disposed of, but

(b) by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the Secretary of State exercises his powers under this section,

the Secretary of State shall have power to dispose of that radioactive waste as the Secretary of State may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by the Secretary of State in disposing of it.

(2) In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

(3) For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the M3 Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—

(a) with the substitution in section 294 for references to a council of references to the Secretary of State or, in Northern Ireland, the Department of the Environment for Northern Ireland, and

(b) in relation to Northern Ireland, as if that Act extended to Northern Ireland.

(4) For the purposes of this section in its application to Scotland, the definition of “owner” in section 3 of the M4 Public Health (Scotland) Act 1897 and the provisions of section 336 of the M5 Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to the Secretary of State for references to a local authority.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Marginal Citations

M3 1936 c. 49.

M4 1897 c. 38.

M5 1987 c. 26.