Radioactive waste excluded from Part 2 (EPA 1990 s.78)
EPA 1990 s.78 excludes radioactive waste (per Schedule 23 of Environmental Permitting Regulations) from Part II, except as regulations provide.
Except as provided by regulations made by the Secretary of State under this section, nothing in this Part applies to radioactive waste within the meaning of the Schedule 23 to the Environmental Permitting Regulations (radioactive substances activities) ; but regulations may— provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste; make such modifications of the Environmental Permitting Regulations in relation to such radioactive waste, and any Act or other enactment, as the Secretary of State considers appropriate.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision states that Part II of the Environmental Protection Act 1990 (which deals with contaminated land) does not apply to radioactive waste. Radioactive waste is defined by reference to Schedule 23 of the Environmental Permitting Regulations.
The Secretary of State may make regulations to apply certain provisions of Part II to radioactive waste, with modifications. Those regulations may also modify the Environmental Permitting Regulations and any other relevant enactment.
In practice, unless such regulations are made, the contaminated land regime under Part II does not cover radioactive contamination.
When it applies
- A local authority discovers radioactive contamination on a former industrial site and considers issuing a remediation notice under Part II, but the landowner argues that s.78 excludes radioactive waste.
- A developer buys land that was previously used for nuclear medicine; the environmental report flags radioactive waste. The developer asks whether Part II duties apply.
- The Secretary of State proposes regulations to bring certain types of radioactive waste within the Part II regime for contaminated land.
- A company receives a notice under the Environmental Permitting Regulations for radioactive waste and also faces potential Part II liability; s.78 clarifies that the two regimes are separate unless regulations link them.
What this section does not say
- This provision does not define 'radioactive waste' – that definition is in Schedule 23 of the Environmental Permitting Regulations.
- It does not set out any liability or clean‑up obligations for radioactive contamination – those are only in Part II if regulations are made.
- It does not prevent the Secretary of State from regulating radioactive waste under other legislation, such as the Environmental Permitting Regulations themselves.
- It does not automatically make the Part II provisions applicable to radioactive waste; regulations must be made first.
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This page reproduces the text of EPA 1990 s. 78 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.