Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

Type Statutory-Instrument
Publication 1999-10-19
Last updated 2025-02-27
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
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[^key-177aac4807677f8de9f6c9ea9cd57e81]: Words in reg. 2(1) substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0f65764325d82e6ceeff642ddb13b123]: Words in reg. 3(8) inserted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7ec4113cb61d0f69450108a9b83e19ed]: Words in reg. 3(9) substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-473048268ec416296db7e3fa875809dd]: Words in reg. 8(2)(c) substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e234e397e6ec8ada4c00ffe9fe9aa1d9]: Words in reg. 10B(3)(b) inserted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8dff01f56e5e2956aacdf74b01f7ccc6]: Words in reg. 12 heading substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-692fb371b23df2dffe4cbbc446cd23b8]: Words in reg. 12 substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3bd552a670845ffeb2b242d44b7550c9]: Words in reg. 12(5) omitted (31.12.2020) by virtue of The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a07dd4e21dfba3f52723e7705c32106e]: Word in reg. 12(5)(b) substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d85673a56f222bda0604cf9756d73b72]: Words in Sch. 1 para. 5 substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9f6724046909de115779626b13da61fc]: Words in Sch. 1 para. 8 substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d78929910d17ece63d393dd10d0b9493]: Words in Sch. 1 para. 8 inserted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c3660b98366e0b4d38909ab9b0b67154]: Words in Sch. 2 para. 2(c)(vi) inserted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(8); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e1370542afe2a13f040174165fbda0dc]: Regulations: power to amend or revoke conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)

[^key-6730352099e6b978cc2d9d56a30ec7bf]: Word in reg. 2(1) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 3(2)(a)

[^key-fff49aafc9adca9b8e2197cc6ed11bb7]: Word in Sch. 1 para. 5 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 3(2)(b)

[^key-cf2491e46a1efc0b54019b1e0b4bbf1f]: Word in Sch. 1 para. 8 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 3(2)(b)

[^key-73364342baedbf542c1850d957d7ce46]: Word in Sch. 2 para. 2(c)(vi) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 3(2)(c)

Procedure by the ONR

Recovery of expenses by the ONR

Coordination with other assessments

4A

  • (1) This regulation applies where an environmental impact assessment and an assessment under regulation 24 or 63 of the Conservation of Habitats and Species Regulations 2017 are required in respect of the same project.
  • (2) The ONR must, where appropriate, ensure that the environmental impact assessment and the other assessment or assessments are coordinated.

Provision of an environmental statement

Pre-application opinion as to the content of the environmental statement

Provision of information to licensee

Consultation by the ONR

Publicity: newspapers

Publicity: ONR’s website

9A

  • (1) The ONR must publish the following information on its website on the newspaper publication date (see regulation 9(3))—
  • (a) the publicity notice provided under regulation 9(1);
  • (b) the application for consent; and
  • (c) the environmental statement.
  • (2) The ONR must ensure that the information continues to be so published for a period of—
  • (a) 30 days beginning with the newspaper publication date; or
  • (b) such longer period as the ONR considers appropriate.

Further information: provision to ONR and newspaper publicity

Further information: ONR obligations and website publicity

10A

  • (1) Where the ONR has provided information relating to an environmental statement to a consultation body or other person under regulation 8 and the ONR receives further information relating to the environmental statement under regulation 10(3)(a), the ONR must send a copy of the further information to that body or person.
  • (2) The ONR may by notice in writing require the licensee to provide such number of copies of the further information as is specified in the notice (being the number required for the purposes of paragraph (1)).
  • (3) Upon sending the notice the ONR—
  • (a) must suspend consideration of the application; and
  • (b) must not determine the application before the later of—
  • (i) the expiry of 14 days after the date on which the further information was sent to each body or person in accordance with paragraph (1);
  • (ii) the expiry of 30 days after the further newspaper publication date (see regulation 10(5)).
  • (4) The ONR must publish the following information on its website on the further newspaper publication date—
  • (a) the further publicity notice; and
  • (b) the further information.
  • (5) The ONR must ensure that the further information continues to be so published for a period of—
  • (a) 30 days beginning with the date of further newspaper publication date; or
  • (b) such longer period as the ONR considers appropriate.

Conclusion about environmental impact

10B

  • (1) Before granting consent to carry out a project, the ONR must comply with paragraphs (2) and (3).
  • (2) The ONR must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)—
  • (a) the environmental statement;
  • (b) any further information or evidence provided by the licensee in accordance with regulation 10;
  • (c) any relevant information received through any consultations under regulations 8 to 10A;
  • (d) the outcome of any consultation under regulation 12;
  • (e) any features of the project, or measures which the licensee proposes to take, which would have the effect of avoiding, preventing, reducing or offsetting any likely significant adverse effects of the project on the environment.
  • (3) The ONR must then reach a conclusion about the likely significant effects of the project (including the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters) on—
  • (a) population and human health;
  • (b) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented the Habitats Directive and the Wild Birds Directive;
  • (c) land, soil, water, air and climate;
  • (d) material assets, cultural heritage and the landscape; and
  • (e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

10C

  • (1) Following its conclusion under regulation 10B(3), the ONR must consider—
  • (a) the application for consent;
  • (b) its conclusion under regulation 10B(3); and
  • (c) whether consent under regulation 4(1) should be granted subject to conditions (see paragraph (2)).
  • (2) The ONR may, on granting a consent to carry out a project, attach to that consent such conditions as may appear to it to be necessary or desirable, taking into account the following factors—
  • (a) the interests of limiting the impact on the environment;
  • (b) existing monitoring under an obligation under the law of any part of the United Kingdom;
  • (c) whether any further monitoring is appropriate;
  • (d) whether provision needs to be made for remedial action in respect of any risk posed by the project; and
  • (e) any other relevant factors.
  • (3) The ONR must not attach conditions relating to monitoring to a consent unless satisfied that the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the project in question and the significance of its effect on the environment.
  • (4) The ONR must not grant consent to carry out a project unless satisfied that its conclusion under regulation 10B(3) in respect of the project is up to date.
  • (5) The ONR must grant or refuse to grant consent to carry out a project within a reasonable period of time (taking into account the nature and complexity of the application for consent), beginning with the date on which the ONR is given all the information in respect of the project which it is required to consider under regulation 10B(2).
  • (6) The ONR must not grant a consent (whether for the purposes of these Regulations or otherwise) to carry out a project before the later of the following dates—
  • (a) the end of the publicity period relating to the project under regulation 9 (see regulation 9(4));
  • (b) the end of any further publicity period relating to the project under regulation 10 (see regulation 10(6)); or
  • (c) where regulation 12(a) or (b) applies in relation to an EEA State—
  • (i) where the EEA State has not indicated under regulation 12(1)(iii) whether it wishes to be consulted, the end of the reasonable period of time referred to in that sub-paragraph; or
  • (ii) where the EEA State has indicated under regulation 12(1)(iii) that it does wish to be consulted, the end of a period of 21 days beginning with the end of the reasonable period of time agreed with the EEA State under paragraph (5)(b) of that regulation.

Information as to decisions

Projects likely to have significant effects on the environment in an EEA State

Change or extension of project

Limitation on disclosure

Recovery of expenses by the ONR

Enforcement

Type and characteristics of the potential impact

SCHEDULE 3 — Change to or extension of project: information required

1

A description of the project, including in particular—

  • (a) a description of the physical characteristics of the whole project and, where relevant, of demolition works;
  • (b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.

2

A description of the aspects of the environment likely to be significantly affected by the project.

3

A description of any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from—

  • (a) the expected residues and emissions and the production of waste, where relevant;
  • (b) the use of natural resources, in particular soil, land, water and biodiversity.

4

The criteria of Schedule 2 shall be taken into account, where relevant, when compiling the information in accordance with paragraphs 1 to 3.

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