Environmental Protection 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 1999 . 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— under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the Directive); or 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 1974 ; ; “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora , as last amended by Council Directive 2013/17/EU ; ; “the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds , as amended by Council Directive 2013/17/EU ; . 3 For the definition of “the Directive” substitute— “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment , as amended by Directive 2014/52/EU of the European Parliament and of the Council ; . 4 In the definition of “the consultation bodies”— a for the words from “and such of the following bodies” to “Environment Agency;” substitute— d in England— i the Environment Agency; and ii Natural England; ; b after paragraph (g) insert— 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— the preparation of an environmental statement by the licensee under regulations 5 and 6; the carrying out of any consultations under regulations 8 to 10A and 12; the ONR’s consideration of the information about the likely significant effects of the project on the environment under regulation 10B(2); the ONR reaching a conclusion about the likely significant effects of the project on the environment under regulation 10B(3); and 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 2017 are 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 for “4(a)” substitute “4(1)(a)”; b in the words before point (a) after “being a statement which” insert “includes”; c for sub-paragraphs (a) and (b) substitute— a a description of the project comprising information on the site, design, size and other relevant features of the project; b a description of the likely significant effects of the project on the environment; 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 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 a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and 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 has taken into account the information provided by the licensee, in particular on the specific characteristics of the project, including its location and technical capacity, and its likely impact on the environment. . Amendment to regulation 7 9 In regulation 7 (provision of information to licensee) for “4(a)” substitute “4(1)(a)”. Amendments to regulation 8 10 1 Regulation 8 (procedure by the ONR) is amended as follows. 2 In the heading for “Procedure” substitute “Consultation”. 3 In paragraph (1), in the words before sub-paragraph (a) for “4(a)” substitute “4(1)(a)”. 4 In paragraph (2)— a in sub-paragraph (b), for “paragraph (1)” substitute “sub-paragraph (a)”; b in sub-paragraph (d), for “9(1)(i) and (j)” substitute “9(2)(j) and (l)”. 5 Omit paragraphs (3) and (4). Substitution of regulations 9 and 10 11 For regulations 9 (publicity) and 10 (further information and evidence respecting environmental statements) substitute— Publicity: newspapers 9 1 Within 7 days of providing the ONR with an environmental statement pursuant to regulation 5, the licensee must provide the ONR with— a a publicity notice (see paragraph (2)); and b a statement setting out the newspaper publication date (see paragraph (3)). 2 A publicity notice is a notice setting out— a the name and address of the licensee and that the licensee is the applicant in respect of a consent for a project; b the date on which the application was made; c the address or location of the site at which the proposed project is to be carried out; d the publicity period (see paragraph (4)); e that a copy of the application together with a copy of the environmental statement may be inspected at all reasonable hours by members of the public during the publicity period; f an address (or addresses) in the locality of the power station or reactor at which those documents may be inspected; g an address (or addresses) (whether or not the same as that given under sub-paragraph (f) above) in the locality of the power station or reactor at which copies of the environmental statement may be obtained during the publicity period; h that during the publicity period copies may be obtained there so long as stocks last; i if a charge is to be made for a copy, the amount of the charge; j that any person wishing to make representations about the application should make them in writing to the ONR at a specified address within the publicity period; k that a copy of the publicity notice and the information referred to in regulation 9A(1) will be published on the ONR’s website in accordance with regulation 9A; and l that the project is subject to an environmental impact assessment procedure. 3 The newspaper publication date— a is the date on which the licensee proposes to first publish the publicity notice in a newspaper (see paragraph (6); and b must fall within the period of 7 days beginning with the date on which the publicity notice is provided to the ONR. 4 The publicity period is the period of not less than 30 days beginning with the newspaper publication date. 5 The ONR may require the licensee to provide the publicity notice in an electronic form. 6 On the newspaper publication date, the licensee must publish the publicity notice— a in one or more newspapers circulating in the locality in which the project is to be carried out; and b in any other newspaper named by the ONR. 7 The licensee must provide the ONR with a copy of the notice published under paragraph (6) within the period of 14 days beginning with the newspaper publication date. 8 The licensee must ensure that at the relevant address (or addresses) at all reasonable hours during the publicity period— a not less than 5 copies of the application for consent to carry out a project together with 5 copies of the environmental statement are available for inspection by members of the public; and b copies of the environmental statement are available on payment of a reasonable charge reflecting printing and distribution costs. Publicity: ONR’s website 9A 1 The ONR must publish the following information on its website on the newspaper publication date (see regulation 9(3))— a the publicity notice provided under regulation 9(1); b the application for consent; and c the environmental statement. 2 The ONR must ensure that the information continues to be so published for a period of— a 30 days beginning with the newspaper publication date; or b such longer period as the ONR considers appropriate. Further information: provision to ONR and newspaper publicity 10 1 If the ONR considers that an environmental statement should contain further information specified in Schedule 1, the ONR must notify the licensee in writing that further information is required. 2 The notification must describe the further information required. 3 The licensee must then provide the ONR with— a the further information; b a further publicity notice (see paragraph (4)); and c a statement setting out the further newspaper publication date (see paragraph (5)). 4 A further publicity notice is a notice setting out— a the name of the licensee; b the date on which the application for consent to carry out the project was made; c the address or location of the site at which the proposed project is to be carried out; d the further publicity period (see paragraph (6); e that further information is available in relation to an environmental statement which has already been provided; f that a copy of the further information may be inspected by members of the public during the further publicity period; g an address (or addresses) in the locality of the power station or nuclear reactor at which the further information may be inspected; h an address (or addresses) (whether or not the same as that given under sub-paragraph (g) above) in the locality of the nuclear reactor or power station at which copies of the further information may be obtained during the further publicity period; i that copies may be obtained during the further publicity period there as long as stocks last; j if a charge is to be made for a copy, the amount of the charge; k that a copy of the further publicity notice and the further information will be published on the ONR’s website in accordance with regulation 10A(4) and (5); l that any person wishing to make representations about the further information should make them in writing to the ONR at a specified address within the further publicity period. 5 The further newspaper publication date— a is the date on which the licensee proposes to first publish the further publicity notice in a newspaper (see paragraph (8)); and b must fall within the period of 14 days beginning with the date on which the publicity notice is provided to the ONR. 6 The further publicity period is the period of not less than 30 days beginning with the further newspaper publication date. 7 The ONR may require the licensee to provide the further information and further publicity notice in an electronic form. 8 On the further newspaper publication date, the licensee must publish the further publicity notice— a in one or more newspapers circulating in the locality in which the project is to be carried out; and b in any other newspaper named by the ONR. 9 The licensee must provide the ONR with a copy of the notice published under paragraph (8) within the period of 14 days beginning with the further newspaper publication date. 10 The licensee must ensure that at the relevant address (or addresses) at all reasonable hours during the further publicity period— a not less than 5 copies of the further information are available for inspection by members of the public during the further publicity period; and b copies of the further information are available on payment of a reasonable charge reflecting printing and distribution costs. 11 The ONR may by notice in writing require a licensee to produce such evidence as the ONR may reasonably require for the purpose of verifying any information in the licensee’s environmental statement. Further information: ONR obligations and website publicity 10A 1 Where the ONR has provided information relating to an environmental statement to a consultation body or other person under regulation 8 and the ONR receives further information relating to the environmental statement under regulation 10(3)(a), the ONR must send a copy of the further information to that body or person. 2 The ONR may by notice in writing require the licensee to provide such number of copies of the further information as is specified in the notice (being the number required for the purposes of paragraph (1)). 3 Upon sending the notice the ONR— a must suspend consideration of the application; and b must not determine the application before the later of— i the expiry of 14 days after the date on which the further information was sent to each body or person in accordance with paragraph (1); ii the expiry of 30 days after the further newspaper publication date (see regulation 10(5)). 4 The ONR must publish the following information on its website on the further newspaper publication date— a the further publicity notice; and b the further information. 5 The ONR must ensure that the further information continues to be so published for a period of— a 30 days beginning with the date of further newspaper publication date; or b such longer period as the ONR considers appropriate. Conclusion about environmental impact 10B 1 Before granting consent to carry out a project, the ONR must comply with paragraphs (2) and (3). 2 The ONR must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)— a the environmental statement; b any further information or evidence provided by the licensee in accordance with regulation 10; c any relevant information received through any consultations under regulations 8 to 10A; d the outcome of any consultation under regulation 12; e any features of the project, or measures which the licensee proposes to take, which would have the effect of avoiding, preventing, reducing or offsetting any likely significant adverse effects of the project on the environment. 3 The ONR must then reach a conclusion about the likely significant effects of the project (including the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters) on— a population and human health; b biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Wild Birds Directive; c land, soil, water, air and climate; d material assets, cultural heritage and the landscape; and e the interaction between the factors referred to in sub-paragraphs (a) to (d). Procedure relating to consent decision 10C 1 Following its conclusion under regulation 10B(3), the ONR must consider— a the application for consent; b its conclusion under regulation 10B(3); and c whether consent under regulation 4(1) should be granted subject to conditions (see paragraph (2)). 2 The ONR may, on granting a consent to carry out a project, attach to that consent such conditions as may appear to it to be necessary or desirable, taking into account the following factors— a the interests of limiting the impact on the environment; b existing monitoring under an obligation under the law of any part of the United Kingdom; c whether any further monitoring is appropriate; d whether provision needs to be made for remedial action in respect of any risk posed by the project; and e any other relevant factors. 3 The ONR must not attach conditions relating to monitoring to a consent unless satisfied that the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the project in question and the significance of its effect on the environment. 4 The ONR must not grant consent to carry out a project unless satisfied that its conclusion under regulation 10B(3) in respect of the project is up to date. 5 The ONR must grant or refuse to grant consent to carry out a project within a reasonable period of time (taking into account the nature and complexity of the application for consent), beginning with the date on which the ONR is given all the information in respect of the project which it is required to consider under regulation 10B(2). 6 The ONR must not grant a consent (whether for the purposes of these Regulations or otherwise) to carry out a project before the later of the following dates— a the end of the publicity period relating to the project under regulation 9 (see regulation 9(4)); b the end of any further publicity period relating to the project under regulation 10 (see regulation 10(6)); or c where regulation 12(a) or (b) applies in relation to an EEA State— i where the EEA State has not indicated under regulation 12(1)(iii) whether it wishes to be consulted, the end of the reasonable period of time referred to in that sub-paragraph; or ii where the EEA State has indicated under regulation 12(1)(iii) that it does wish to be consulted, the end of a period of 21 days beginning with the end of the reasonable period of time agreed with the EEA State under paragraph (5)(b) of that regulation. . Amendments to regulation 11 12 1 Regulation 11 (information as to decisions) is amended as follows. 2 Regulation 11 is renumbered as paragraph (1) of that regulation. 3 In paragraph (1) (as renumbered)— a in the words before sub-paragraph (a) after “shall” insert “as soon as possible”; b in sub-paragraph (a) for “of the decision” substitute “and the consultation bodies of the relevant information”; c in sub-paragraph (b) after “notice” insert “containing the relevant information”; d for sub-paragraph (c) substitute— c make the relevant information available free of charge for public inspection at all reasonable hours at an office of the ONR nearest to the place where the power station or reactor is situated. . 4 After paragraph (1) (as renumbered) insert— 2 The relevant information is— a the content of the decision and any conditions attached to it; b the main reasons and considerations on which the decision is based, including information about the public participation process; c a summary of the results of the consultations and information gathered pursuant to regulations 5, 8 to 10A and 12; d a description of how the information referred to in sub-paragraph (c) has been incorporated into the decision or otherwise addressed, in particular the results of any consultation under regulation 12; e a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project; and f information regarding the right to challenge the validity of the decision and the procedures for doing so. . Amendment to regulation 12 13 In paragraph (3)(b) of regulation 12 (projects likely to have significant effects on the environment in another EEA State) for “10(1)” substitute “10(3)(a)”. Amendments to regulation 13 14 1 Regulation 13 (change or extension of project) is amended as follows. 2 In paragraph (1)(a) for “4(b)” substitute “4(1)(b)”. 3 For paragraph (2) substitute— 2 In determining for the purpose of paragraph (1) whether an environmental impact assessment is required, the ONR shall have regard to— a the relevant selection criteria set out in Schedule 2; b where relevant, the results of any relevant EU environmental assessment which are reasonably available to the ONR. . 4 In paragraph (3) for the words from “such” to “require” substitute “the information specified in Schedule 3”. 5 After paragraph (3) insert— 3A When compiling that information, the licensee shall take into account the results of any relevant EU environmental assessment which are reasonably available to the licensee. 3B The licensee may provide to the ONR a description of any feature of the project or measure envisaged to avoid or prevent what otherwise might be significant adverse effects on the environment. 3C The ONR may in writing require that the licensee provides further information where the ONR considers that the further information is required in order for it to reach its determination under paragraph (1). . 6 In paragraph (5)— a in the words before sub-paragraph (a) for the words from the beginning to “project” substitute “Following the ONR’s determination under paragraph (1)”; b in sub-paragraph (b) after “based” insert “, with reference to the relevant selection criteria set out in Schedule 2”. 7 After paragraph (5) insert— 6 Where the ONR determines under paragraph (1) that an environmental impact assessment is not required, the ONR shall state in the notice or other means referred to in paragraph (5)(b) any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. 7 The ONR shall make its determination under paragraph (1)— a as soon as possible after the day on which it is provided with the information under paragraph (3) or (3C) (whichever is the later); and b in any event, within a period of 90 days beginning with that day. 8 The ONR may, if satisfied that there are exceptional circumstances (including circumstances relating to the nature, complexity, location or size of the project), extend the period mentioned in paragraph (7). 9 If the ONR exercises the power in paragraph (8), it shall inform the licensee in writing of the reasons for the extension and the date by which it expects to make its determination under paragraph (1). . Amendments to regulation 15 15 1 Regulation 15 (recovery of expenses by the ONR) is amended as followed. 2 In paragraph (1) for “1974 Act” substitute “HSWA 1974”. 3 In paragraph (2), in the words before sub-paragraph (a) for “5” substitute “6”. Amendments to regulation 16 16 In regulation 16 (enforcement), in paragraph (1)— a for “Health and Safety at Work etc. Act 1974” substitute “HSWA 1974”; b for “1974 Act” substitute “HSWA 1974”. Substitution of Schedule 1 17 For Schedule 1 (information to be included in an environmental statement) substitute the Schedule at Schedule 1. Substitution of Schedule 2 18 For Schedule 2 (criteria for determining further assessment) substitute the Schedule at Schedule 2. New Schedule 3 19 After Schedule 2 insert the Schedule at Schedule 3. Amendment to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 20 In the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 , in Schedule 1 (descriptions of development for the purposes of the definition of “Schedule 1 development”), in the paragraph headed “Interpretation”, in the definition of “nuclear power station” and “other nuclear reactor” after “nuclear reactor is” insert “not”. Amendment to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 21 In the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 , in Schedule 1 (descriptions of development for the purposes of the definition of “Schedule 1 development”), in the paragraph headed “Interpretation”, in the definition of “nuclear power station” and “other nuclear reactor” after “nuclear reactor is” insert “not”. Transitional provisions 22 These Regulations do not apply in respect of— a a project, where the licensee provided an environmental statement in respect of the project under regulation 5(1) of the NREIAR 1999 before 6th August 2018; b a project, where the licensee requested an opinion about the content of the environmental statement in respect of the project under regulation 6(1) of the NREIAR 1999 before 6th August 2018; and c a determination of whether a project is to be made subject to an environmental impact assessment under regulation 13 of the NREIAR 1999, where the licensee applied for the determination in respect of the project under regulation 13(1) before 6th August 2018. Richard Harrington Parliamentary Under Secretary of State Department for Business, Energy and Industrial Strategy 11th July 2018