Environmental Permitting Regulations amended

When they came into force in April 2010, the Environmental Permitting (England and Wales) Regulations SI 2010/675 expanded the scope of environmental permitting to include, amongst other things, the radioactive substances regulation system.

New amendments that came into force on 1 October 2011 have again changed the Regulations in order to provide a more modern and user-friendly system for the regulation of radioactive substances.

The Environmental Permitting (England and Wales) (Amendment) Regulations SI 2011/2043 therefore made changes in order to alter the situations in which an environmental permit is needed for activities involving radioactive substances which present a low risk to people and the environment, but at the same time maintaining the necessary level of protection.

The main changes are as follows:

• an extension of the provisions relating to groundwater activities to allow a tracer test involving a radioactive substance to fall within the exemption;
• an amendment to clarify the scope of an exception from the requirement to hold an environmental permit which applies to particular people who dispose of radioactive waste;
• the inclusion of a transitional period so that those affected by the changes have until April 2012 to apply for a permit;
• a conditional exemption from the requirement to hold an environmental permit in respect of certain radioactive substances;
• the inclusion of carbon dioxide streams for storage purposes into geological formations as a regulated activity, meaning an environmental permit is now required for it; and
• the replacement and update of certain definitions.

For more information, see:

• Directive 2008/1/EC, on integrated pollution prevention and control;
• Environmental Permitting (England and Wales) (Amendment) Regulations SI 2011/2043.