Environmental Permitting Regulations 2016—radioactive substance activities
Produced in partnership with Begonia Filgueira of Foot Anstey
Environmental Permitting Regulations 2016—radioactive substance activities

The following Environment guidance note Produced in partnership with Begonia Filgueira of Foot Anstey provides comprehensive and up to date legal information covering:

  • Environmental Permitting Regulations 2016—radioactive substance activities
  • Radioactive substance regulations
  • Definition of radioactive substances activity
  • Radioactive materials
  • Radioactive waste
  • Outside the scope of the EPR 2016
  • Radioactive substances exemptions
  • Application for an environmental permit for radioactive substances activities
  • Consultation on new rules for unintended receipt of radioactive waste

Radioactive substance regulations

The principal legislation governing the keeping, use, accumulation and disposal of radioactive substances (including radiation sources and radioactive waste) is found in the Environmental Permitting (England and Wales) Regulations 2016 SI 2016/1154 (EPR 2016), the Health and Safety at Work etc Act 1974 and the Ionising Radiations Regulations 2017, SI 2017/1075.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 govern the transport of radioactive materials by road. See Practice Note: Transporting dangerous goods.

Definition of radioactive substances activity

Radioactive substances activities include the keeping or using of radioactive material, receiving, accumulating or disposing of radioactive waste or keeping or using mobile radioactive apparatus.

An operator will normally require an environmental permit to carry out these activities, unless outside of the scope of the EPR 2016 or exempted.

Radioactive materials

The definition of radioactive materials is a technical one and includes materials which are not waste and which satisfy the following requirements:

  1. arises from, is used in or is contaminated by a substance or article in a type 1 or 2 naturally occurring radioactive material (NORM) industrial activity and has a concentration of radioactivity which exceeds or would exceed if it had not been diluted with the intention of making sure that the concentrations did not exceed relevant values:

    1. for solids and