Commentary on Sections Chapter 4: Authorisations Relating to Radioactive Waste Section 72: Transfer of authorisations
209.Section 72 inserts a new section 16A in the Radioactive Substances Act 1993 (c.12) (“RSA 93”). Section 16A will provide a process whereby an authorisation to dispose of radioactive waste from a nuclear site can be transferred from one operator to another. At present, RSA 93 requires the new operator to apply for a new authorisation and the authorising authority will then go through its full determination process for that application which, on nuclear sites, tends to be protracted and resource intensive. Section 16A allows for the transfer of an authorisation either wholly or in part. The process provided for in section 16A would apply when there is a new operator at a nuclear site but there is otherwise no need for the existing limitations and conditions of the authorisation to change.
210.Subsections (1) to (4) of section 16A define the circumstances in which the new section will apply; the charges that must accompany any application that is made under this section; and require appropriate local authorities to be informed of applications. Subsection (5) imposes a duty on the authorising authority to consult every body it would have been required to consult had the application been for a new authorisation, although subsection (6) allows certain authorities or bodies not to be consulted if it appears to the authorising authority that the transfer is unlikely to result in changes to the arrangements for the disposal of radioactive waste that would be of interest to that authority or body. Subsections (7) and (8) set down the conditions which must be met for a transfer of authorisation to be granted and lay down certain procedures which must be followed if the application is granted. Subsection (9) sets a minimum time for a transfer to take effect, although subsection (10) allows this minimum time to be set aside if the authorising authority believes the coming into effect of the transfer needs to be expedited. Subsection (11) defines “authorising authority” for the purposes of this section.