The Ionising Radiation (Environmental and Public Protection) (EU Exit) Regulations 2019
Coming into force on 29th March 2019:
Amendments to The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
Amendments to these Regulations intends to address deficiencies in the operation of retained European Union law provided by the European Union (Withdrawal) Act 2018. This makes amendments to the following:
- Regulation 2 is amended to change the definition of ‘EU environmental assessment’ to mean, an assessment carried out because of any EU retained law, apart from any UK law that implements Directive 2011/92/EU.
- Regulation 3 is amended to make it clear that any updates to the Environmental Impact Assessment Directive after exit day will not be relevant to Regulation 3.
- Regulation 10B is amended so that species and habitats are now protected by law, of any part of the UK that implements the Habitats Directive and the Wild Birds Directive.
- Regulation 12 is amended to remove reference to the Environmental Impact Assessment Directive.
Schedule 1 has changes made to remove direct application of EU directives and replace them with reference retained EU law.
Schedule 2 makes amendments in wording with regards to reference to location of projects in determining further assessment. The schedule now refers to the environmental quality standards in retained EU law and EU law as it applied to the UK prior to exit day.
Amendment to The Radioactive Contaminated Land Regulations (Northern Ireland) 2006
This instrument intends to address deficiencies in the operation of retained EU law as provided by the European Union (Withdrawal) Act 2018. This makes amendments in Regulation 2 (interpretation), with the inclusion of an additional paragraph to state that the definition of inspection in Annex 4 of Directive 2013/59/Euratom, is to be read as an investigation by or on behalf of the Chief Inspector to verify compliance with national legal requirements.
Amendment to The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006
These Regulations makes amendments to Regulation 5. The phrase competent authority is replaced with the phrase enforcing authority. This is to make it clear that the word ‘inspection’ means an investigation by or on behalf of the enforcing authority to verify compliance with the national legal requirements.
Health & Safety
Amendment to The Justification of Practices Involving Ionising Radiation Regulations 2004
This regulation makes amendments to:
- Regulation 2 which has been amended to state that any changes after the UK’s exit from the EU will not be applicable to Directive 2013/59/Euratom.
- Regulation 3 is amended to state the words and expressions used, have the meaning given in the Directive, with the exception of the word ‘inspection’. Meaning, an investigation by or on behalf of the justifying authority to verify compliance with national legal requirements.