radioactively contaminated land

You may already be aware that new regulations[1] have come into force, which extend the provisions of Part 2A[2] to include any off-site contamination caused by "nuclear occurrences". This amendment was required to implement a European Directive[3].

In broad terms, any off-site radioactive contamination from licensed nuclear sites is now included in the contaminated land regime. At this stage, when land is contaminated by a nuclear occurrence, the Secretary of State is the sole appropriate person rather than the operator of a nuclear energy site. These changes do not amend Part 2A for other forms of contamination.

our comment

It will be rare for local authorities to come across such contamination. With confusion over the differences between nuclear sites and radioactively contaminated sites, and with a slightly different way of dealing with liability issues along with public concern about radioactive issues, very careful consideration needs to be given to managing any site that has even the hint of radioactive contamination. Sometimes an ordinary looking factory can suffer from low levels of radioactive contamination from x-ray equipment, watches and the luminous paint used on aircraft and other instruments.

Notes:

[1] The Radioactive Contaminated Land (Modification of Enactments)(England)(Amendment) Regulations 2007 (S! 2007/3245)

[2] The Environmental Protection Act 1990 Part 2A

[3] Basic Safety Standards Directive 96/29/Euratom, Article 53

For more information on this or other environmental law issues, email us at environmentinfo@bllaw.co.uk.