A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

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The Control of Pollution (Radioactive Waste) Regulations 1989
S.I. 1989 No. 1158The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, in exercise of the powers conferred on them by section 123 of the Water Act 19891 and of all other powers enabling them in that behalf, hereby make the following Regulations:-
Citation and commencement
1. These Regulations may be cited as the Control of Pollution (Radioactive Waste) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2. In these Regulations--
"the 1989 Act" means the Radioactive Substances Act 1960;2
"the 1989 Act" means the Water Act 1989;3 and
"radioactive waste" has the same meaning as in the 1960 Act.4

Certain provisions of the 1989 Act to apply to radioactive waste

3. The provisions of Chapter I of Part III of the 1989 Act specified in the Schedule to these Regulations5 shall have effect, without modification, in relation to any radioactive waste as they have effect in relation to any effluent or other matter or substance which is not radioactive waste.


Modification of the 1960 Act

4. Section 9(1) of the 1960 Act6 (no account to be taken of radioactivity for the purposes of powers, duties and enforcement of other enactments) shall apply in relation to the provisions specified in the Schedule to these Regulations.7

____________________
1
This reference has effect as a reference to s.98 of the Water Resources Act 1991, p.289 above: Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para.1. See also the definition of "prescribed" in s.221(1) of the Water Resources Act 1991, p.314 above.
2
The Radioactive Substances Act 1993 consolidates the 1960 Act and other enactments.
3
The 1989 Act has largely been consolidated in the water consolidation legislation of 1991; the provisions of the 1989 Act referred to in this instrument are consolidated in Part III of the Water Resources Act 1991.
4
"Radioactive waste" is defined by s.2 of the Radioactive Substances Act 1993, p.384 above.
5
The annotations in the schedule refer to the main corresponding provisions in the Water Resources Act 1991; see note 1, page 546 below.
6
The corresponding provision in the Radioactive Substances Act 1993 is s.40(1), p.404 above.
7
The remainder of this regulation, which amended the 1960 Act, was revoked, subject to savings, by the Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.3, sch.3, part II. This amendment came into force on 1 December 1991: s.4(2).

-545-

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A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA
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