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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.
Andrew Wiseman[4], head of environmental law at Blake Lapthorn
Tarlo Lyons comments: "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."
For further details please contact Andrew Wiseman on
01489 555016 or 07748 980971.
[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
[4] Andrew has acted for numerous local authorities in relation
to the contaminated land regime, is a former chair of the UK
Environmental Law Association and is currently convenor of UKELA's
Contaminated Land Working Party
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