Regulation 10C Procedure relating to consent decisionF1

(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.

Annotations

Textual amendments

F1: Regs. 9-10C substituted for regs. 9, 10 (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 11 (with reg. 22)