The Environmental Permitting (England and Wales) Regulations 2016

Contaminated substances or articlesE+W

This section has no associated Explanatory Memorandum

9.—(1) Subject to sub-paragraph (2), a substance or article is not radioactive material where—

(a)the substance or article is contaminated, but has not been so contaminated with the intention of utilising its radioactive, fissile or fertile properties, and

(b)in the absence of such contamination, the substance or article would not otherwise be radioactive material under this Schedule.

(2) Sub-paragraph (1) only applies while the substance or article is kept on the premises on which the contamination occurred.