The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/834 |
| Year | 2018 |
2018 No. 834
Environmental Protection
Nuclear Energy
The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018
Made 11th July 2018
Laid before Parliament 12th July 2018
Coming into force 6th August 2018
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721(“the ECA 1972”) and section 71A(1) and (2) of the Town and Country Planning Act 19902.
The Secretary of State has been designated for the purposes of section 2(2) of the ECA 1972 in relation to the environment3.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018.
(2) These Regulations come into force on 6th August 2018.
(3) In these Regulations, “the NREIAR 1999” means the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 19994.
Amendments to the NREIAR 1999
2. The NREIAR 1999 are amended in accordance with regulations 3 to 19.
Amendments to regulation 2
3.—(1) Regulation 2 (definitions) is amended as follows.
(2) At the appropriate places insert—
““environmental assessment” (except in the phrase “EU environmental assessment”) means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;”;
““environmental statement” is to be read in accordance with regulation 5;”;
““EU environmental assessment” means an assessment carried out—
(a) under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the Directive); or
(b) under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the Directive,
of the effect of anything on the environment;;”;
““the HSWA 1974” means the Health and Safety at Work etc. Act 19745;”;
““the Habitats Directive” means Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora6, as last amended by Council Directive 2013/17/EU7;”;
““the Wild Birds Directive” means Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds8, as amended by Council Directive 2013/17/EU;”.
(3) For the definition of “the Directive” substitute—
““the Directive” means Directive 2011/92/EUof the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment9, as amended by Directive 2014/52/EUof the European Parliament and of the Council10;”.
(4) In the definition of “the consultation bodies”—
(a)
(a) for the words from “and such of the following bodies” to “Environment Agency;” substitute—
“(d)
“(d) in England—
(i) the Environment Agency; and
(ii) Natural England;”;
(b)
(b) after paragraph (g) insert—
“(h)
“(h) any other body with environmental or public health responsibilities or local or regional competencies with whom the ONR considers it appropriate to consult;”.
(5) For the definition of “environmental impact assessment” substitute—
““environmental impact assessment” means, in relation to a project—
(a) the preparation of an environmental statement by the licensee under regulations 5 and 6;
(b) the carrying out of any consultations under regulations 8 to 10A and 12;
(c) the ONR’s consideration of the information about the likely significant effects of the project on the environment under regulation 10B(2);
(d) the ONR reaching a conclusion about the likely significant effects of the project on the environment under regulation 10B(3); and
(e) the ONR’s consideration of that conclusion under regulation 10C(1) when determining the application.”.
Amendment to regulation 3
4. For paragraph (3) of regulation 3 (application) substitute—
“3 These Regulations do not apply to any project or part of a project serving national defence as its sole purpose where the Secretary of State is of the opinion that the application of these Regulations would have an adverse effect on that purpose.
4 The reference to these Regulations not applying to part of a project serving national defence as its sole purpose is a reference to that part of the project being disregarded in the environmental impact assessment of the project.
5 These Regulations do not apply to any project having the response to a civil emergency as its sole purpose where the Secretary of State is of the opinion that the application of these Regulations would have an adverse effect on that purpose.
6 These Regulations do not apply to any project where the Secretary of State is of the opinion that conditions A to C are met.
7 Condition A is that the project is an exceptional case and that the application of these Regulations would result in adversely affecting the purpose of the project.
8 Condition B is that the objectives of the Directive will be met despite these Regulations not applying to the project.
9 Condition C is that the project is unlikely to have significant effects on the environment in another EEA State.
10 Where the Secretary of State is of the opinion referred to in paragraph (3), (5) or (6), the Secretary of State must as soon as possible after forming the opinion notify in writing the ONR and the licensee.
11 Where the Secretary of State is of the opinion referred to in paragraph (6), the Secretary of State must consider whether another form of assessment would be appropriate.
12 Notification under paragraph (10) must—
(a) state that the Secretary of State is of the opinion referred to in paragraph (3), (5) or (6);
(b) state that these Regulations do not apply to the project, or in a case where the Secretary of State is of the opinion referred to in paragraph (3) in respect of part of a project, explain the effect of paragraph (4);
(c) where the Secretary of State considers that another form of assessment is appropriate in accordance with paragraph (11), give the details of that assessment and explain how the results of the assessment may be obtained.
13 Where the ONR is notified that the Secretary of State is of the opinion referred to in paragraph (6) in accordance with paragraph (12), the ONR must make available to the public concerned—
(a) the information relating to the opinion referred to in paragraph (6) including the reasons for that opinion; and
(b) the information obtained under any assessment considered appropriate in accordance with paragraph (11).”.
Amendments to regulation 4
5.—(1) Regulation 4 (consent for dismantling or decommissioning) is amended as follows.
(2) Regulation 4 is renumbered as paragraph (1) of that regulation.
(3) After paragraph (1) (as renumbered) insert—
“2 The ONR may require the licensee to provide the application in an electronic form.”
New regulation 4A
6. After regulation 4 insert—
“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 201711are 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.”.
Amendments to regulation 5
7.—(1) Regulation 5 (provision of an environmental statement) is amended as follows.
(2) In paragraph (1)—
(a)
(a) for “4(a)” substitute “4(1)(a)”;
(b)
(b) in the words before point (a) after “being a statement which” insert “includes”;
(c)
(c) for sub-paragraphs (a) and (b) substitute—
“(a)
“(a) a description of the project comprising information on the site, design, size and other relevant features of the project;
(b)
(b) a description of the likely significant effects of the project on the environment;
(c)
(c) a description of any features of the project or measures envisaged to avoid, prevent or reduce and, if possible, offset, any likely significant adverse effects on the environment;
(d)
(d) a description of the reasonable alternatives studied by the licensee, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the likely significant effects of the project on the environment;
(e)
(e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and
(f)
(f) any further information specified in Schedule 1 relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected.”.
(3) For paragraph (2) substitute—
“2 The environmental statement shall—
(a) be prepared by a competent person and state the relevant expertise and qualifications of that person;
(b) be based on any opinion given under regulation 6 in respect of the project;
(c) include the information reasonably required for reaching a reasoned conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment;
(d) take into account the results of any relevant environmental assessment which are reasonably available to the licensee.
3 The ONR may require the licensee to provide the environmental statement in an electronic form.”.
Amendments to regulation 6
8.—(1) Regulation 6 (pre-application opinion as to the content of the environmental statement) is amended as follows.
(2) In paragraph (1) after “opinion as to” insert “the scope and level of detail of”.
(3) After paragraph (3) insert—
“3A The ONR shall not give an opinion in response to a request under paragraph (1) unless it...
To continue reading
Request your trial