SECTION 3 LEGISLATIVE FRAMEWORK FOR RADIOACTIVE WASTE
The management of radioactive waste in Scotland is governed by a framework of Scottish, UK, European Union ( EU) and international policy, agreements, obligations and legislation. This framework does not only apply to radioactive waste for its radioactive properties, but also to any non-radioactive properties of the waste.
This section of the Supplementary Information is divided into three parts:
- the first part describes the legislative framework specific to radioactive substances and radioactive waste and the legislative framework that is not specific to radioactivity but to which the management of radioactive waste may be subject because of the non-radioactive properties of the radioactive waste;
- the second part lists the legislation, strategies, policies and guidance that affect the management of radioactive waste; and
- the third part provides a brief description of the organisations involved in the management and regulation of radioactive waste and organisations that have an interest in it.
3.01 Legislative framework
International Treaty obligations and organisations
3.01.01 There are international treaty obligations that affect radioactive waste management policy in the UK including:
- obligations from the European Union ( EU);
- the OSPAR Convention; and
- the Joint Convention on the Safety of Spent Fuel Management.
UK Policy also takes account of outputs from the International Atomic Energy Agency ( IAEA) and the International Commission on Radiological Protection ( ICRP). The following paragraphs outline how these treaty obligations and international organisations influence policy in the UK.
Obligations from the European Union
3.01.02 The Euratom Treaty establishing the European Atomic Energy Community was signed in 1957 (Ref. 51) and covers activities involving radioactive substances. The European Court of Justice has ruled that the Euratom Treaty does not apply to defence activities - however, national legislation applies to those activities.
3.01.03 Under Article 37 of the Treaty, Member States have to give the European Commission sufficient information about any plans to dispose of radioactive waste (to air, land or water) to allow the Commission to decide whether the plans could cause radioactive contamination of the water, soil or airspace of another Member State. This information must be provided before the competent authority of the Member State concerned authorises the disposal of the waste.
3.01.04 Under Article 33 of the Euratom Treaty, Member States have to implement appropriate provisions to ensure compliance with the basic standards established under Article 31. In order to meet this requirement, basic standards for protection of workers and the public have been set out in various directives since 1959. The most recent is Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (the Basic Safety Standards ( BSS) Directive EC 1996).
3.01.05 Parts of the BSS Directive have been implemented in Scotland through the Radioactive Substances (Basic Safety Standards) (Scotland) Direction 2000 (Ref. 3). The environment agencies comply with these requirements through their role in regulating radioactive waste disposal under RSA 93. As part of their role, they have to make sure that:
- all exposures to ionising radiation of any member of the public and of the population as a whole resulting from the disposal of radioactive waste are kept as low as reasonably achievable ( ALARA), economic and social factors being taken into account; and
- the sum of the doses resulting from the exposure of any member of the public to ionising radiation should not exceed an effective dose limit of 1 millisievert (mSv) in a year. In special circumstances, a higher effective dose may be authorised in a single year, provided that the average over five consecutive years does not exceed 1 mSv per year.
3.01.06 The environment agencies must have regard to the following maximum doses to individuals which may result from a defined source, for use at the planning stage in radiation protection:
- 0.3 mSv per year from any source from which radioactive discharges are made; or
- 0.5 mSv per year from the discharges from any single site.
3.01.07 The 1992 OSPAR Convention guides international cooperation on protecting the marine environment of the North-East Atlantic. The OSPAR Radioactive Substances Strategy (Ref. 55) seeks progressive and substantial reductions of discharges, emissions and losses of radioactive substances. The Strategy applies only to discharges to the marine environment. By 2020, it aims to achieve concentrations near to natural background levels in the marine environment for naturally occurring radioactive substances and close to zero for releases of artificial radioactive substances. Natural background levels are the levels of naturally occurring radioactive substances found in the marine environment without any releases from human activities.
3.01.08 In 2002, Defra and the devolved administrations published the ' UK strategy for radioactive discharges 2001-2020' (Ref. 39), which sets out how the UK will implement the OSPAR Radioactive Substances Strategy. The UK strategy does not set individual site limits for radioactive discharges, but rather provides a strategic framework for reducing radioactive discharges from UK installations over the next 20 years. Its aims are:
- 'progressive and substantial reduction of radioactive discharges and discharge limits, to achieve the strategy targets for sectors such as nuclear fuel production and uranium enrichment, nuclear energy production, spent fuel reprocessing and defence;
- progressive reduction of human exposure to ionising radiation arising from radioactive discharges, as a consequence of reductions in discharges, such that a representative member of a critical group of the general public will be exposed to an estimated mean dose of no more than 0.02 mSv a year from liquid radioactive discharges to the marine environment made from 2020 onwards;
- progressive reduction of concentrations of radionuclides in the marine environment resulting from radioactive discharges, such that by 2020 they add close to zero to historic levels.'
3.01.09 The terms 'close to zero' and 'historic levels' are not defined in the OSPAR Strategy. The OSPAR Commission, which manages work under the Convention, is aiming to develop agreed definitions.
3.01.10 In June 2008, Defra and the devolved administrations published for consultation a revised draft UK strategy for radioactive discharges that describes how the UK will continue to implement its commitments under the OSPAR Convention (Ref. 55). The revised strategy builds on the UK strategy published in 2002 and expands its scope to include aerial, as well as liquid discharges, from decommissioning as well as operational activities, and from the non-nuclear sector (for example, hospitals, universities and research laboratories) as well as the nuclear industry.
3.01.11 The objectives of the revised draft UK strategy are:
- to implement the UK's obligations, rigorously and transparently, in respect of the OSPAR Radioactive Substances Strategy intermediate objective for 2020;
- to provide a clear statement of Government policy and a strategic framework for discharge reductions, sector by sector, to inform decision making by industry and regulators
3.01.12 The expected outcomes of the revised draft UK strategy are:
- progressive and substantial reductions in radioactive discharges
- progressive reductions in concentrations of radionuclides in the marine environment resulting from radioactive discharges, such that by 2020 they add close to zero to historic levels;
- progressive reductions in human exposures to ionising radiation resulting from radioactive discharges, as a result of planned reductions in discharges.
3.01.13 The revised draft UK strategy sets out the radiological, environmental and other principles that the regulatory bodies will apply when setting discharge authorisations. It does not set individual site limits for radioactive discharges, but it does set targets at the sectoral level which it expects to be achieved by 2020 and by 2030 and a strategic framework for addressing radioactive discharges over the next 20 years. Discharges from five nuclear sectors are considered in the strategy:
- nuclear fuel production and uranium enrichment, nuclear energy production, spent fuel reprocessing, research facilities and defence facilities. Discharges from the non-nuclear sectors are also discussed.
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management
3.01.14 The UK has ratified the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Ref. 57), sponsored by the IAEA.
3.01.15 The Joint Convention applies to spent fuel and radioactive waste from civilian nuclear reactors and applications. The Joint Convention also applies to planned and controlled releases into the environment of liquid or gaseous radioactive materials from regulated nuclear facilities.
3.01.16 One of the objectives of the Joint Convention is:
- 'to ensure that during all stages of spent fuel and radioactive waste management there are effective defences against potential hazards so that individuals, society and the environment are protected from harmful effects of ionising radiation, now and in the future, in such a way that the needs and aspirations of the present generation are met without compromising the ability of future generations to meet their needs and aspirations.'
3.01.17 This objective fits with our duty to contribute to sustainable development. It is also central to the aims and objectives of this guidance.
3.01.18 Also under the Joint Convention, the UK must:
- establish and maintain a legislative and regulatory framework to govern the safety of spent fuel and radioactive waste management;
- ensure that the design and construction of a radioactive waste management facility provide for suitable measures to limit possible radiological impacts on individuals, society and the environment, including those from discharges or uncontrolled releases;
- take the appropriate steps to ensure that at all stages of radioactive waste management individuals, society and the environment are adequately protected against radiological and other hazards.
International Atomic Energy Agency
3.01.19 The IAEA has published advice on the legal and governmental responsibilities for the safety of nuclear facilities, the safe use of sources of ionising radiation, radiation protection, managing radioactive waste and transporting radioactive material safely. The environment agencies regard the IAEA's advice as a statement of good practice.
3.01.20 The IAEA's advice sets out the responsibilities and functions of regulatory bodies involved in nuclear, radiation, radioactive and transport safety. The IAEA has identified that:
'In fulfilling its statutory obligations, the regulatory body shall:
a) establish, promote or adopt regulations and guides upon which its regulatory actions are based;
b) review and assess submissions on safety from the operators both prior to authorisation and periodically during operation as required;
c) provide for issuing, amending, suspending or revoking authorisations, subject to any necessary conditions, that are clear and unambiguous and which shall specify (unless elsewhere specified):
- the facilities, activities or inventories of sources covered by the authorisation;
- the requirements for notifying the regulatory body of any modifications to safety related aspects;
- the obligations of the operator in respect of it's facility, equipment, radiation source(s) and personnel;
- any limits on operation and use (such as dose or discharge limits on the duration of the authorisation);
- conditioning criteria for radioactive waste processing for existing or foreseen waste management facilities;
- any additional separate authorisations that the operator is required to obtain for the regulatory body;
- the requirements for incident reporting;
- the reports that operator is required to make to the regulatory body;
- the records that the operator is required to retain and the time periods for which they must be retained; and
- the emergency preparedness arrangements.
d) carry out regulatory inspections;
e) ensure that corrective actions are taken if unsafe or potentially unsafe conditions are detected; and
f) take the necessary enforcement action in the event of violations of safety requirements.'
International Commission on Radiological Protection
3.01.21 The ICRP is an independent advisory body that provides recommendations and guidance on radiation protection. ICRP has no formal power to impose its proposals, but most countries adhere closely to its recommendations. In March 2007, ICRP approved a new set of fundamental recommendations on protecting people and the environment against ionising radiation (Ref. 58). These recommendations update ICRP's previous recommendations from 1990 (Ref. 60). ICRP has stated that the overall estimate of the risk of various kinds of harmful effects after exposure to radiation remains fundamentally the same as in the 1990 recommendations.
3.01.22 In the UK, the Health Protection Agency ( HPA) advises the Government on whether the recommendations of ICRP are acceptable and applicable. HPA has published advice on the recommendations in ICRP 103 (Ref. 58). HPA's main recommendations are that:
- the linear no threshold model remains the basis for setting radiological protection standards and criteria, because it represents the scientific consensus;
- no changes should be made to the dose limits in the UK;
- a maximum dose constraint of 0.15 mSv per year should apply to exposure of the public from any new source
3.01.23 The ICRP recommendations also inform possible changes to the Basic Safety Standards Directive and, consequently, the UK's legislation for implementing the Directive.
UK Legislation and Policy
Radioactive Substances Act 1993
3.01.24 The environment agencies regulate disposal of radioactive waste from premises, including nuclear licensed sites, under the Radioactive Substances Act ( RSA 93). The agencies also regulate the keeping and use of radioactive materials and the accumulation of radioactive waste on sites other than nuclear licensed sites.
3.01.25 The Scottish Environment Protection Agency regulates the disposal of radioactive waste in Scotland whilst the Environment Agency carries out a similar role in England and Wales and the Northern Ireland Environment Agency carries out this role in Northern Ireland.
3.01.26RSA 93 does not apply to the Ministry of Defence ( MOD). However, in accordance with the Secretary of State for Defence's Policy Statement on Safety, Health and Environmental Protection (Ref. 40), MOD operates to standards and implements management arrangements that are, so far as reasonably practicable, at least as good as those required by the legislation. In addition, the MOD has in place, or is developing, Memoranda of Understanding with each of the environment agencies to help ensure appropriate standards of environmental protection.
Other environmental legislation
3.01.27 The environment agencies have other regulatory responsibilities relating to nuclear licensed sites and non-nuclear premises including the following:
- abstracting water (for example, for process use or during construction) may require a licence under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (Ref. 29);
- discharging aqueous effluent (for example, from cooling or dewatering during construction) requires a consent under the Water Environment (Controlled Activities) (Scotland) Regulations 2005;
- some 'conventional' plant (for example, combustion plant used as auxiliary boilers and emergency standby power supplies, and incinerators used to dispose of combustible waste) may require a permit under the Pollution Prevention and Control Regulations (Scotland) 2000 ( PPC 00) (Ref. 28);
- disposing of waste by depositing it on or into land, including excavation materials from construction, may require a permit under PPC 00 or PPC 03;
- protecting conservation sites and biodiversity under the Conservation (Natural Habitats &c.) Regulations 1994 (Ref. 34).
3.01.28 The contaminated land regimes (both radioactive and non-radioactive) make provision in relation to certain historical contamination to ensure that it is suitably dealt with.
3.01.29 In the UK, the environment agencies and the Health and Safety Executive together form the competent authorities for the Control of Major Accident Hazards Regulations 1999 ( COMAH 99) (Ref. 35) On-site storage of certain substances may fall under these regulations.
Water Framework Directive and Groundwater Directive
3.01.30 The Water Framework Directive ( WFD) (Ref. 92) requires the development and implementation of a strategic framework for the management of the water environment, and establishes a common approach to protecting and setting environmental objectives for groundwaters and surface waters within the European Community.
3.01.31 In Scotland, the WFD is implemented through the Water Environment and Water Services (Scotland) Act 2003 (Ref. 29)
3.01.32 The WFD sets out general provisions for the protection and conservation of groundwater. It sets objectives for groundwater quality, including an objective to meet "good chemical status" by 2015, an objective on pollution trends, and an objective to prevent or limit the input of pollutants to groundwater. The 2006 Groundwater Directive ( EC 2006/118/ EC) (Ref. 97) clarifies these objectives and sets out specific measures to prevent and control groundwater pollution.
3.01.33 Both the WFD and the 2006 Groundwater Directive together make up the complete new groundwater regime. The 2006 Groundwater Directive will operate alongside the 1980 Groundwater Directive (80/68/ EEC) (Ref. 98) ("the 1980 Directive") until December 2013, when the latter will be repealed under Article 22(2) of the WFD. The two Groundwater Directives adopt similar approaches to preventing groundwater pollution but there will need to be adjustments to the existing controls to accommodate the changes brought about by both the WFD and the 2006 Groundwater Directive. Overall the 2006 Groundwater Directive takes a slightly more comprehensive but more risk-based approach to pollution prevention and control than the 1980 Directive.
3.01.34 The exclusion for radioactive substances that applied in the 1980 Groundwater Directive does not appear in the 2006 Groundwater Directive. It is anticipated that new regulations to transpose the 2006 Groundwater Directive into UK law will apply to radioactive substances. The new regulations are expected in 2009 and the environment agencies will need to take these into account when determining applications for authorisation of radioactive waste disposal under RSA 93 (or equivalent legislation).
Best Practicable Means
3.01.35 A review report describing Best Practicable Means ( BPM) and its use in optimising control over radioactive substances was published in 2005 (Ref. 41). The report sets out the regulatory framework for assessing the application of BPM in relation to airborne, liquid and solid radioactive waste. The review considered application of BPM assessment to nuclear licensed sites (both operational and those being decommissioned) and non-nuclear premises (for example, hospitals, universities, industrial premises) for which authorisations under the RSA 93 are granted.
3.01.36 The environment agencies view BPM as a way of building more thinking about environmental protection into managing radioactive substances.
Best Practicable Environmental Option
3.01.37 The environment agencies have published guidance on how they assess Best Practical Environmental Option ( BPEO) studies at nuclear licensed sites (Ref. 42).
3.01.38 The guidance was developed to provide environment agencies' staff with a framework for assessing BPEO studies submitted by site operators in relation to authorisation under RSA 93. It sets out the main principles of the BPEO process and its role in decision-making. It also addresses issues such as input from stakeholders, uncertainty and costs. BPEO studies can help find ways of disposing of waste that minimise effects on the environment.
3.01.39 The BPEO guidance is subject to review in the light of technical developments in radioactive waste management.
Health and Safety at Work etc. Act 1974 and Nuclear Installations Act 1965
3.01.40 Under the Health and Safety at Work Act 1974 (ref. 32), employers are responsible for ensuring the safety of their workers and the public. In Great Britain, the HSE has responsibilities under the Act for securing the health, safety and welfare of people at work and for protecting others against risks to health or safety in connection with the activities of people at work.
3.01.41 For nuclear installations, employers' responsibilities for health and safety are reinforced by the Nuclear Installations Act 1965 ( NIA 65) as amended (Ref. 5). Under NIA 65, a site cannot have nuclear plant on it unless the user has been granted a site licence by HSE. This licensing function is administered by HSE's Nuclear Directorate, which grants a licence with conditions attached. The Nuclear Directorate has published 'Safety Assessment Principles for Nuclear Facilities' (Ref. 43) that apply to its assessment of safety cases for nuclear facilities.
3.01.42 Nuclear licensed sites are exempt from the requirements under RSA 93 for registration of keeping and use of radioactive materials and authorisation for accumulation of radioactive waste as these activities are regulated by HSE's Nuclear Directorate under NIA 65. However, nuclear licensed sites are not exempt from the requirements under RSA 93 for disposing of radioactive waste. HSE must consult the relevant environment agency about creating, accumulating or disposing of radioactive waste. The environment agencies have Memoranda of Understanding with HSE to make sure regulatory activities on nuclear licensed sites are effectively co-ordinated.
Nuclear Industries Security Regulations 2003
3.01.43 In the UK, civil nuclear operators must have site security plans dealing with the security arrangements to protect nuclear licensed sites and the nuclear material on these sites. The Nuclear Directorate's Office for Civil Nuclear Security ( OCNS) within the HSE is the security regulator for the UK's civil nuclear industry. It is responsible for approving security arrangements within the industry and enforcing compliance. OCNS conducts its regulatory activities under the Nuclear Industries Security Regulations 2003 (Ref. 14).
Nuclear Safeguards Act 2000
3.01.44 Nuclear safeguards are measures to verify that states comply with their international obligations not to use nuclear materials (plutonium, uranium and thorium) for nuclear explosives purposes. The Nuclear Safeguards Act 2000 (Ref. 8) put in place the legal powers and duties needed to enable the UK to fulfil its obligations under an Additional Protocol to the Nuclear Non-Proliferation Treaty of 1968 (Ref. 61).
3.01.45 The Euratom Treaty also includes requirements to apply safeguards to civilian nuclear activities. The European Court of Justice has ruled that Euratom Directives do not apply to defence activities.
3.01.46 The UK Safeguards Office within the Nuclear Directorate of the HSE oversees the application of nuclear safeguards in the UK.
HSE advice and guidance
3.01.47 In 2001, HSE published 'Reducing Risk, Protecting People' (Ref. 49). The document sets out an overall framework for decision taking by HSE to ensure consistency and coherence across the full range of risks falling within the scope of the Health and Safety at Work Act 1974. The framework is a development of the method, which HSE applies to controlling risk at nuclear power stations, published as 'The tolerability of risks from nuclear power stations' (Ref. 44).
3.01.48HSE has published 'Safety Assessment Principles for Nuclear Facilities' ( SAPs) that apply to the assessment of safety cases for nuclear facilities. The principles apply to nuclear safety and radioactive waste management. Other conventional hazards are excluded, except where they have a direct effect on nuclear safety or radioactive waste management. The SAPs provide a framework for making consistent regulatory judgements on nuclear safety cases.
3.01.49HSE, the Environment Agency and SEPA have published joint guidance on management of higher activity radioactive waste on nuclear licensed sites (Ref. 37). In the guidance, management of radioactive waste means the whole process of managing waste from its generation to (but not including) its disposal. Higher-activity radioactive waste means all radioactive waste other than:
- low-level radioactive waste that will be disposed of promptly at the Low Level Waste Repository near Drigg or to its successor facility; and
- very low-level radioactive waste that will be disposed of promptly at suitably authorised disposal facilities.
3.01.50 Disposal of these low activity radioactive wastes is addressed in the UK Government and devolved administrations' 'Policy for the Long Term Management of Solid Low Level Radioactive Waste in the United Kingdom' (Ref. 45). The policy statement covers all aspects of generating, managing and regulating solid LLW.
Radiological Protection Advice
3.01.51 The Health Protection Agency ( HPA) has published its updated advice on radiological protection objectives for the land-based disposal of solid radioactive waste (Ref. 46). The new advice will replace that provided previously in 1992 by the National Radiological Protection Board ( NRPB). The functions of the National Radiological Protection Board were incorporated into HPA in April 2005 and radiation protection as part of health protection is within the HPA's remit.
3.01.52HPA's advice is intended for the detailed risk assessment of solid radioactive waste disposal facilities at the planning stage. Given the long half-life of some radioactive wastes, an important principle behind the advice is that people in the future should have the same level of protection as people have today. The primary focus of the proposed advice is therefore on the situation after the facility has closed rather than the operational period when it is receiving waste for disposal.
3.01.53HPA's main role is in reducing the dangers to health from infections, chemical and radiation hazards. It provides advice, through the Department of Health, to all government departments and devolved administrations throughout the UK.
Radioactive material transport regulation
3.01.54 Radioactive waste will be transported to a disposal facility under strict controls and in accordance with national and international regulations applicable to the mode of transport used (i.e. road, rail, or sea). These "modal" regulations are based on the transport regulations issued by the IAEA. The IAEA regulations, first published in 1964, are the primary technical basis for the safe transport of radioactive material and have been subjected to periodic review and update since their introduction. This review and update process will continue, reflecting current experience and technical developments. Compliance with these regulations will provide the necessary levels of safety during transport.
3.01.55 The international and national modal regulations and the IAEA transport regulations on which they are based are designed to protect persons, property and the environment when radioactive material is transported in the public domain. All activities associated with the transport of the radioactive waste, which will include the performance characteristics and quality of manufacture of the packaging used to contain the waste, are subjected to verification and audit by the Department for Transport (DfT). DfT's audit process provides assurance that controls and processes are in place in accordance with the regulations, confirming that the necessary levels of safety during transport are achieved.
3.01.56 Some categories of very low activity waste material may be transported unpackaged provided it is shown that such material:
- meets stringent external contamination and dose rate limits which are prescribed in the modal regulations;
- will not deteriorate during transport releasing radioactive material into the environment above the prescribed stringent limits. Transport of radioactive materials within the boundaries of nuclear licensed sites is not regulated by DfT. It is regulated by HSE through a condition in the site licence.
Regulation of disposal facilities for solid radioactive waste
3.01.57 Near-surface disposal facilities for solid radioactive waste will need an authorisation from the relevant environment agency under RSA 93 (or equivalent legislation).
3.01.58 There will also be requirements for environmental regulatory processes or consents for other activities, covered in separate guidance, such as waste management, operation of combustion plant or water abstraction.
3.01.59 The relevant environment agency will ensure that the required permits are delivered without imposing unnecessary administrative burdens on a developer. This will require coordination of permitting activities across different regulatory regimes. It might involve a project-based approach overseen by a project manager with expertise in radioactive substances regulation. The project manager would provide the main point of contact for the developer and would be supported by regulators with expertise in other relevant regimes.
3.01.60 Near-surface facilities might not necessarily fall within the definition of a nuclear licensed site under NIA 65, but these facilities would need to meet the requirements under the Health and Safety at Work etc. Act 1974 and the Ionising Radiations Regulations 1999 (Ref. 10).
3.01.61 If a near-surface disposal facility was developed on an existing nuclear licensed site, it would need to meet to the requirements of the licence issued by HSE under NIA 65.
3.02 References to legislation, policy, strategy and guidance
The web links given in this section are correct as of 1 December 2009.
3.02.01 Legislation specific to Radioactive Substances
1) The Contaminated Land (Scotland) Regulations 2000 ( SSI 2000 No. 178)
2) The Radioactive Contaminated Land (Scotland) Regulations 2007 ( SI 2007 No. 179)
3) The Radioactive Substances (Basic Safety Standards) (Scotland) Direction 2000
4) The Radioactive Substances HASS (Scotland) Directions 2005
5) The Nuclear Installations Act 1965
6) The Food and Environment Protection Act 1985 ( FEPA )
7) The Radioactive Substances Act 1993
8) The Nuclear Safeguards Act 2000
9) The Energy Act 2004
10) The Ionising Radiations Regulations 1999 ( http://www.opsi.gov.uk/si/si1999/uksi_19993232_en.pdf)
11) The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
12) The Radiation (Emergency Preparedness and Public Information) Regulations 2001 ( REPPIR)
13) The Transfrontier Shipment of Radioactive Waste Regulations 2008
14) The Nuclear Industries Security Regulations 2003 ( SI 2003 No. 403)
15) Nuclear Industries Security (amendment) Regulations 2006 ( SI 2006 No. 2815)
16) The Justification of Practices Involving Ionising Radiation Regulations 2004
17) The High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005
18) The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
19) The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (as amended)
3.02.02 Legislation that might govern the management of radioactive waste because of its non-radioactive properties
20) The Land Reform (Scotland) Act 2003
21) The Water Environment and Water Services (Scotland) Act 2003
22) The Nature Conservation (Scotland ) Act 2004
23) The Environmental Assessment (Scotland) Act 2005
24) The Planning etc. (Scotland) Act 2006
25) The Climate Change Act 2008
26) The Flood Risk Management (Scotland) Act 2009
27) The Marine (Scotland) Bill (as introduced) 2009
28) The Pollution Prevention and Control (Scotland) Regulations 2000 ( SSI 2000 No.3223)
29) The Water Environment (Controlled Activities) (Scotland) Regulations 2005
30) The Contaminated Land (Scotland) Regulations 2005 ( SSI 2005 No. 658)
31) The Air Quality Standards (Scotland) Regulations 2007
32) Health and Safety at Work, etc. Act 1974
33) The UK Climate Change Act 2008.
34) The Conservation (Natural Habitats, &c.) Regulations 1994 ( SI 1994 No. 2716)
35) The Control of Major Accident Hazards Regulations 1999 ( SI 1999 No. 743)
3.02.03 Policy, Strategy and Guidance specific to Radioactive Substances
36) SEPA Guidance on Near-surface Disposal Facilities on Land for Solid Radioactive Waste (2009)
37) The management of radioactive waste on nuclear licensed sites (2007) Part I The Regulatory Process
38) UK Strategy for Radioactive Discharges 2006-2030
39) UK Strategy for Radioactive Discharges 2002 - 2020
40) Secretary of State's Policy Statement on Health, Safety and Environmental Protection. A Policy Statement by the Secretary of State for Defence
41) Review of the Application of 'Best Practicable Means' Within a Regulatory Framework for the Management of Radioactive Wastes
42) Guidance for the Environment Agencies' Assessment of Best Practicable Environmental Option Studies at Nuclear Sites
43) Safety Assessment Principles for Nuclear Facilities. 2006 Edition, Version 1. HSE
44) The tolerability of risk from nuclear power stations
45) Policy for the Long Term Management of Solid Low Level Radioactive Waste in the United Kingdom
46) Radiological Protection Objectives for the Land-based Disposal of Solid Radioactive Wastes: Advice from the Health Protection Agency
47) Radiological Protection Objectives for the Land-Based Disposal of Solid Radioactive Wastes.
48) HPA advice on application of ICRP's 2007 recommendations to the UK.
49) Reducing Risks, Protecting People. HSE's decision-making process.
50) Radiological Protection Objectives for the land-based disposal of solid radioactive wastes. Documents of the NRPB: Volume 3, No. 3
51) EU (1957) European Atomic Energy Community ( EURATOM treaty)
52) Council Directive 96/29/ EURATOM (Laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation)
53) EC Directive on Nuclear Safety
54) EC Directive 2008/68/ EC on the inland transport of dangerous goods
55) OSPAR Commission (2003) Radioactive Substances Strategy
56) IAEA (1994) Convention on Nuclear Safety
57) IAEA (1997) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management
58) International Commission on Radiological Protection Publication 103 ( ICRP 2007).
59) Legal and Governmental Infrastructure for Nuclear, Radiation, Radioactive Waste and Transport Safety. IAEA Safety Standard Series No. GS-R- 1
60) ICRP Publication 60: 1990 Recommendations of the International Commission on Radiological Protection.
61) Protocol additional to the Agreement between the United Kingdom of Great Britain and Northern Ireland, the European Atomic Energy Community and the International Atomic Energy Agency for the application of standards in the United Kingdom of Great Britain and Northern Ireland in connection with the Treaty on the non-proliferation of nuclear weapons
( www.fco.gov.uk/resources/en/pdf/pdf15/fco_cm6664_protadd nonprolif)
62) Regulations for the Safe Transport of Radioactive Material 2005 Edition. IAEA Safety Standards Series No. TS-R-1
63) UN - Recommendations on the transport of dangerous goods ( UNECE)
64) ADR - European Agreement concerning the international carriage of dangerous goods by road (2009 Edition) ( UNECE)
65) RID - Regulations Concerning the international carriage of dangerous goods by rail (2009 edition) ( OTIF)
66) International Maritime Dangerous Goods ( IMDG) Code (Amendment 34-08) ( IMO)
67) OECD Reversibility and Retrievability in Geological Disposal of Radioactive Waste - Reflections at the International Level, NEA-3140, Paris 2001
3.02.04 Policy, Strategy and Guidance that might govern the management of radioactive waste because of its non-radioactive properties
68) Scotland's Biodiversity - It's In Your Hands. A strategy for the conservation and enhancement of biodiversity in Scotland (2004)
69) Better Health Better Care Action Plan (2007)
70) Adapting Our Ways: Managing Scotland's Climate Risk: Consultation to inform Scotland's Climate Change Adaptation Framework
71) Scottish Soil Framework (Consultation Proposals, 2008) and supporting Working Group Reports
72) SEPA (2008) River Basin Management Plans Scotland River Basin District /Solway Tweed River Basin District
73) Scottish Executive Environment Group (2002) Scotland's Bathing Waters A Strategy for Improvement
74) Scottish Historic Environment Policy ( SHEP) (October 2008)
75) SNH Natural Heritage Futures (2002)
76) Scotland's National Transport Strategy (2006)
77) Strategic Transport Projects Review (2008) (Draft Subject to SEA Consultation)
78) National Waste Plan (2003)
79) Consultation Paper on Potential Legislation Measures to Implement Zero Waste (2008)
80) Choosing Our Future - Scotland's Sustainable Development Strategy (2005)
81) National Planning Framework 2 (2008)
82) Scottish Planning Policy (Draft 2009)
83) The Air Quality Strategy for England, Scotland, Wales and Northern Ireland. Working Together for Clean Air (2000)
84) Council Directive 79/409/ EEC on the conservation of wild birds
85) Council Directive 92/43/ EEC the conservation of natural habitats and of wild fauna and flora
86) EU Biodiversity Strategy (1998)
87) EU (2002) Environmental Noise Directive (2002/49/ EC)
88) EU (2004) Environmental Liability Directive (2004/35/ CE)
89) 1996/62/ EC Directive on ambient air quality assessment and management
90) 1999/30/EC Directive relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air
91) EU Thematic Strategy on Air Pollution (2005)
92) European Commission (2006) Thematic Strategy for Soil Protection
93) Water Framework Directive 2000/60/ EC
94) Council of Europe, European Landscape Convention 2000
95) EU (2006) Waste Framework Directive (2003/12/EC) - replaces 75/442/ EEC)
96) EU (2006) European Strategy for Sustainable Development
97) Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 Establishing a Framework for Community Action in the Field of Water Policy
98) Directive 2006/118/ EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration
99) Council Directive 80/68/ EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances
100) UN Convention on Biological Diversity (1992)
101) Bern Convention on the Conservation of European Wildlife and Natural Habitats (1979)
102) Convention on Wetlands of International Importance 1971 (amended 1982 and 1987)
103) OSPAR Commission (2003) Biodiversity and Ecosystems Strategy
104) UN (1998) Aarhus Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental matters
105) Kyoto Protocol (1997)
106) OSPAR Commission (1992) Convention for the Protection for the Marine Environment of the North East Atlantic
107) UN (2001) Stockholm Convention on Persistent Organic Pollutants ( POPs)
108) OSPAR Commission (2003) Hazardous Substances Strategy
109) OSPAR Commission (2003) Eutrophication Strategy
110) UN (2002) World Summit on Sustainable Development, Johannesburg
3.03 Organisations associated with the management of higher activity radioactive waste
The following governmental and non-governmental organisations are associated with the management of higher activity radioactive waste and the purpose of this section is to give a brief overview of their functions.
Government Policy and Legislation
Department of Energy and Climate Change ( DECC)
The Department of Energy and Climate Change ( DECC) was created in October 2008, to bring together:
- energy policy (previously with the Department for Business, Innovation and Skills), and
- climate change mitigation policy (previously with the Department for Environment, Food and Rural Affairs).
Waste Producers and Waste Owners
Babcock Marine is a strategic UK provider of engineering and support services to the Royal Navy.
British Energy ( BE)
British Energy Group plc is a wholly owned subsidiary of EDF S.A. that owns and runs two nuclear power stations in Scotland: Torness in East Lothian and Hunterston B in Ayrshire.
Dounreay Site Restoration Limited ( DSRL)
Dounreay Site Restoration Limited ( DSRL) is the site licence company responsible for the closure programme at Britain's former centre of fast reactor research and development at Dounreay, Caithness. It is a wholly-owned subsidiary of UKAEA and operates under contract to the Nuclear Decommissioning Authority ( NDA).
Magnox North Limited
Magnox North is a nuclear licensed company whose site operations include defueling and decommissioning the former generating power stations at Chapelcross in Dumfriesshire and Hunterston A in Ayrshire.
Magnox South Limited
Magnox South is a nuclear licensed company whose site operations include defueling and decommissioning at nuclear sites in England.
Ministry of Defence (MoD)
Nuclear Decommissioning Authority ( NDA)
The NDA was set up on 1 April 2005, under the Energy Act 2004. It is a non-departmental public body with designated responsibility for managing the liabilities at specific sites. These sites are operated under contract by site licensee companies. The NDA has a statutory requirement under the Energy Act 2004, to publish and consult on its Strategy and Annual Plans, which have to be agreed by the Secretary of State and Scottish Ministers.
United Kingdom Atomic Energy Authority ( UKAEA)
Scottish Site Liaison Groups
The purpose of the Site Stakeholder Groups ( SSG) is to be the prime interface between the community, the site operator and, if appropriate, the Nuclear Decommissioning Authority ( NDA). In this role SSGs exist to:
- provide an active, two-way channel of communication between the site operator, the NDA and local stakeholders;
- give an opportunity for questioning the operator, the NDA and regulators;
- allow stakeholders the opportunity to comment on and influence strategies and plans;
- represent local views and input timely advice to the NDA;
- comment on the performance of NDA and its contractor with regard to achievement of plans, value for money etc.;
- commission and receive reports about site activities and their impact on for example safety, the environment and health;
- review arrangements for such matters as emergency response;
- scrutinise and input into the prioritisation of work programmes;
- provide views and comments to the NDA on the future of the site;
- provide views on the NDA contract with and the performance of the operator;
- set up sub-groups to address specific issues relevant to the clean up programmed; and
- set up wider local consultation via public meetings and other mechanisms as required.
Chapelcross Stakeholder Group
Dounreay Stakeholder Group ( DSG)
Hunterston Site Stakeholder Group
Rosyth Stakeholder Group
Torness Local Liaison Committee ( LLC)
Department for Transport (DfT)
Regulation of the safety of radioactive material transport packages in Great Britain is the responsibility of the Department for Transport (DfT). The DfT exercises its statutory powers of enforcement on behalf of the Secretary of State for Transport for the transport of radioactive material by road, and for package designs for all modes of transport.
Environment Agency ( EA)
The environmental regulator for England and Wales. The Agency's role is the enforcement of specified laws and regulations aimed at protecting the environment, in the context of sustainable development, predominantly by authorising and controlling radioactive discharges and waste disposal to air, water (surface water, groundwater) and land. The Environment Agency also regulates nuclear sites under the Environmental Permitting Regulations and issues consents for non-radioactive discharges.
Nuclear Installations Inspectorate ( NII)
The Health and Safety Executive ( HSE) is the statutory body responsible for the enforcement of health and safety law on nuclear sites in Great Britain. HSE is the licensing authority for nuclear installations in Great Britain and, through its Nuclear Installations Inspectorate ( NII), regulates the nuclear, radiological and industrial safety of nuclear installations. The NII regulates the keeping and use of radioactive material and the storage of radioactive waste on Nuclear Licensed sites under this regime.
Office for Civil Nuclear Security ( OCNS)
The Office for Civil Nuclear Security ( OCNS) is a Division within HSE's Nuclear Directorate responsible for regulating security arrangements in the civil nuclear industry, including security of nuclear material in transit, exercising statutory powers on behalf of the Secretary of State for Business, Innovation and Skills ( BIS).
Scottish Environment Protection Agency ( SEPA)
The Scottish Environment Protection Agency ( SEPA) is Scotland's environmental regulator. SEPA's main role is to protect and improve the Scottish environment by regulating activities that can cause harmful pollution. SEPA also has responsibility for carrying out monitoring of the quality of Scotland's air, land and water. The regulations SEPA implements also control the keeping and use of radioactive material and the accumulation and disposal of radioactive waste on certain premises.
Other UK sources of information
British Geological Survey ( BGS)
The British Geological Survey provides expert services and impartial advice in all areas of geoscience.
Committee on Radioactive Waste Management ( CoRWM)
CoRWM was set up in 2003 to provide independent advice to Government on the long-term management of the UK's solid higher activity radioactive waste. In October 2007, CoRWM was reconstituted with revised Terms of Reference and new membership. The Committee will provide independent scrutiny and advice to UK Government and devolved administration Ministers on the long-term radioactive waste management programme, including storage and disposal.
Scottish Environment Link is the forum for Scotland's voluntary environment organisations - over 30 member bodies representing a broad spectrum of environmental interests with the common goal of contributing to a more environmentally sustainable society.
Food Standards Agency ( FSA)
The independent Government department set up by the Act of Parliament in 2000 to protect the public's health and consumer interests in relation to food.
Friends of the Earth Scotland
Friends of the Earth Scotland is an environmental campaigning organisation.
Greenpeace is an environmental campaigning organisation.
Health Protection Agency ( HPA)
A UK-wide Non Departmental Public Body ( NDPB) that advises on the health and wellbeing of the population. The Radiation Protection Division, formerly the National Radiological Protection Board, which is part of the Centre for Radiation, Chemical and Environmental Hazards, carries out the HPA's work on ionising and non-ionising radiations.
Historic Scotland is an executive agency of the Scottish Government that is charged with safeguarding the nation's historic environment and promoting its understanding and enjoyment on behalf of Scottish Ministers.
Scottish Councils Committee On Radioactive Substances ( SCCORS)
Scottish Natural Heritage ( SNH)
Scottish Natural Heritage ( SNH) is a Government body responsible to Scottish Government Ministers and through them to the Scottish Parliament. The role of SNH is to look after the natural heritage, help people to enjoy and value it, and encourage people to use it sustainably.
Nuclear Free Local Authorities Scotland ( NFLA)
Nuclear Free Local Authorities is the local government voice on nuclear issues and tackle in practical ways, and within their powers, the problems posed by civil and military nuclear hazards.
European Union ( EU)
The European Union is an economic and political union of 27 member states that was established by the Treaty of Maastricht on 1 November 1993.
International Atomic Energy Agency ( IAEA)
The IAEA is an independent international organisation related to the United Nations that was set up in 1957 as the world's "Atoms for Peace" organisation. The Agency works with its Member States and multiple partners worldwide to promote safe, secure and peaceful nuclear technologies. The IAEA has provided advice on the safety of nuclear facilities, including for managing waste and transporting material. The IAEA also sets out responsibilities for regulatory bodies, including providing further guidance, the conditions within which authorisations should be made, undertaking inspections and enforcement action. Transportation is strictly controlled by a number of regulations including IAEA's regulations, which are defined to protect people and the environment through controlling packaging, processes, and safety measures.
International Commission on Radiological Protection ( ICRP)
The ICRP is an independent non-governmental organisation that was formed in 1928 to advance for public benefit the science of radiological protection. The ICRP provides recommendations and guidance on protection against the risks associated with ionising radiation, from artificial sources widely used in medicine, general industry and nuclear enterprises, and from naturally occurring sources. In preparing its recommendations, ICRP considers the fundamental principles and quantitative bases upon which appropriate radiation protection measures can be established, while leaving to the various national protection bodies the responsibility of formulating the specific advice, codes of practice, or regulations that are best suited to the needs of their individual countries.
Organisation for Economic Co-operation and Development ( OECD)
The OECD brings together the governments of countries committed to democracy and the market economy from around the world to:
- Support sustainable economic growth
- Boost employment
- Raise living standards
- Maintain financial stability
- Assist other countries' economic development
- Contribute to growth in world trade
- The Organisation provides a setting where governments compare policy experiences, seek answers to common problems, identify good practice and coordinate domestic and international policies.
OECD Nuclear Energy Agency ( OECDNEA)
The Nuclear Energy Agency ( NEA) is a specialised agency within the Organisation for Economic Co-operation and Development ( OECD), an intergovernmental organisation of industrialised countries. The mission of the NEA is to assist its Member countries in maintaining and further developing, through international co-operation, the scientific, technological and legal bases required for the safe, environmentally friendly and economical use of nuclear energy for peaceful purposes. To achieve this, the NEA works as: a forum for sharing information and experience and promoting international co-operation; a centre of excellence which helps Member countries to pool and maintain their technical expertise; a vehicle for facilitating policy analyses and developing consensus based on its technical work.
OECD Forum on Stakeholder Confidence
The Forum on Stakeholder Confidence ( FSC) is a working group of the OECDNEA that facilitates the sharing of experience in addressing the societal dimension of radioactive waste management and explores means of ensuring an effective dialogue with the public with a view to strengthening confidence in the decision-making processes.
World Association of Nuclear Operators ( WANO)
(http://www.wano.org.uk) (website may no longer be active)
The World Association of Nuclear Operators ( WANO) is an organisation created to improve safety at every nuclear power plant in the world.
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