Policy background Part 14: Civil Nuclear Sector Decommissioning of Nuclear Sites
These measures follow the Government’s 2018 consultation32 on adopting the Organisation for Economic Co-operation and Development (OECD) Nuclear Energy Agency’s "Decommissioning Exclusion" 33 recommendation (2014), to allow qualifying nuclear sites to exit the requirement for nuclear third-party liability and on amending the processes for ending or varying nuclear licences.
	Firstly, under the current regulatory arrangements, nuclear third-party liability continues for longer in the UK than required by international agreements. This measure will align the UK with those agreements.
	Secondly, in the final stages of decommissioning and clean-up of nuclear sites, hazards and risks fall to levels comparable to those on non-nuclear industrial sites. This measure will allow ONR to end the nuclear licence once satisfied that nuclear safety matters have been resolved and to pass responsibility for regulation of work activities during the remaining demolition work to the Health and Safety Executive (HSE).
	Former nuclear sites will also remain under regulation by the relevant environment agency for years or decades after the end of the nuclear licence. The environmental legislation is more suitable for land remediation than the existing nuclear regulation. In particular, the environmental legislation allows for lightly radioactively contaminated concrete substructures and pipes to remain buried on site, where it is safe to do so and subject to environmental permits. It is anticipated that there will be applications for on-site disposal, which will reduce the negative impacts of excavation of the material (generation of radioactive dust, risk to workers) and the impacts of transporting waste to disposal facilities elsewhere.