Nuclear Law: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context

by Stephen Tromans

Overview

This book is a practical guide to the international, EC and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition was produced in 1997, and given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated and much expanded edition is timely. It will cover the law relating to the permitting and operation of nuclear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters dealing specifically with new build and with decommissioning will be vital reading.

Product Details

ISBN-13:	9781847318008
Publisher:	Bloomsbury Publishing
Publication date:	03/12/2010
Sold by:	Barnes & Noble
Format:	eBook
Pages:	610
File size:	1 MB

About the Author

Stephen Tromans QC is a barrister specialising in environmental, planning and energy law, and has had an interest in nuclear matters for over 20 years. He has acted and advised on numerous issues in the field of nuclear law, both for government and for commercial parties, and has appeared in the European Court on cases involving EC radiological protection law.
Stephen Tromans KC is a leading barrister in planning and environmental law, practicing from Thirty Nine Essex Street. A former solicitor, he advises and acts for major industrial companies, Government Departments and other agencies, local authorities, the Environment Agency, NGOs and individuals, in environmental and planning law and related areas. Much of his work involves environmental impact assessment in major infrastructure and other projects.

A very experienced author, he has published books on planning law, nuclear law and contaminated land. He was awarded "Planning and Environmental Silk of the Year" at the Chambers and Partners 2011 Bar Awards.

Table of Contents

Chapter 1 Introduction
Attitudes to Radioactivity
Measurement and Radiological Protection
Exploring the Atom
The First Nuclear Reactor
The Bomb
Development in Canada
Post-war Development in the UK
Creation of the UK Atomic Energy Authority
Civil Nuclear Power: The Early Years
The Pressurised Water Reactor Stations
Nuclear Reprocessing and Fuel Services
Radioactive Waste Management
Privatisation of the Nuclear Energy Industry
Privatisation and Nuclear Liabilities
The Atomic Energy Authority
BNFL's Break-up
Weapons Production
The Future of Nuclear Power
Accidents
Windscale
Kyshtym
Three Mile Island
Chernobyl
Chapter 2 International Aspects
Introduction
International Commission on Radiological Protection
The UN Scientific Committee on the Effects of Atomic Radiation
The International Atomic Energy Agency
The IAEA's Role
The Nuclear Energy Agency
The Global Nuclear Energy Partnership
Generation IV International Forum
Chapter 3 Euratom
Introduction
The Euratom Treaty
Chapter I: Promotion of research
Chapter II: Dissemination of Information
Chapter III: Health and Safety
Chapter IV: Investment
Chapter V: Joint undertakings
Chapter VI: Supplies
Chapter VII: Safeguards
Chapter VIII: Ownership
Chapter IX: The Nuclear Common Market
Chapter X: External relations
Inapplicability of Euratom to Military Uses of Nuclear Energy
Controversy over Euratom
The Nuclear Safety Directive
Internal Market Rules on Generation
Chapter 4 Licensing
Background to Licensing
International Law
European Community Requirements
Licensing of Nuclear Reactors
Licensing of Other Installations
Prescribed Installations
Licensing: The Position of the Atomic Energy Authority
Offence of Installation or Operation without Licence
Operations Requiring a Section 2 Permit
Ministerial Responsibility
Scotland
The Role of the Health and Safety Executive in Licensing
The Nuclear Safety Advisory Committee
Liaison with other Bodies and Agencies
Health and Safety Duties Generally
Nuclear Site Licences: Generally
Identity of Site Licensee
Non-prescriptive Nature of the Licensing System and Safety Cases
Safety Assessment Principles
Nuclear Site Licences: Acceptable Risk
Tolerability of Risk
Applications for Licences
Nuclear Site Licences: Consultation
Regulation of Defence-related Sites
Nuclear Site Licences: Relationship with Electricity Act Consents and Planning Permission
The Sizewell B Inquiry
Licensing Future Plant
Insurance
Form of Licence
Standard Conditions
The Ionising Radiations Regulations 1999 and the ALARP Concept
Conditions on Handling, Treatment and Disposal of Nuclear Matter
Periodic Safety Reviews
Variation and Revocation of Conditions
Lack of Appeal against Licensing Decisions
Representations by Trades Unions, etc
Relationship of Conditions to Controls under the Radioactive Substances Act 1993
Posting of Conditions
Contravention of Conditions
Corporate Manslaughter
Offences: Directors and Similar Officers
Institution of Proceedings
Penalties
Offences under the Health and Safety at Work Act 1974
Nuclear Installation Prosecutions: Examples
Statutory Enforcement Powers
Powers arising from Site Licences
Revocation and Surrender of Licences
Responsibility following Revocation or Surrender
Decommissioning
Maintenance of List of Licensed Sites
Siting and Emergency Procedures
Dangerous Occurrences and Nuclear Incidents
Licensing a Privatised Nuclear Industry
Security Requirements
Chapter 5 New Build
The Sizewell B Inquiry
The Evolution of Policy on New Build
The Flawed 2006 Consultation
Policy following the Greenpeace Judgment
The Planning Act 2008
National Policy Statements
The Infrastructure Planning Commission
Applications and their Examination
Local Impact Reports
Criteria for Decisions
Progress in Planning New Plant
Siting Criteria
Coastal Processes and Flooding
Strategic Environmental Assessment
Public Participation
Alternative Sites
Appropriate Assessment under the Habitats Directive
Environmental Impact Assessment
EIA and the Waste Question
The Nuclear Safety Convention
Devolution Aspects
Chapter 6 Liability
Introduction: Problems of Liability and Insurance
Early UK Legislation
International Provisions: Generally
Joint Protocol relating to Paris and Vienna Conventions
The Paris Convention: Generally
The Paris Convention: Channelling of Liability
The Paris Convention: Limitation of Liability in Amount
The Paris Convention: Limitation of Liability in Time
The Paris Convention: Compulsory Cover for Liability
The Paris Convention: Single Jurisdiction
The 2004 Protocol to amend the Paris Convention
The Brussels Supplementary Convention
The 2004 Protocol to amend the Brussels Supplementary Convention
The Vienna Convention
Protocol to amend the Vienna Convention
The Convention on Supplementary Compensation
Scope of the Paris, Brussels and Vienna Conventions-Non-peaceful Uses of Nuclear Energy
The Convention on the Liability of Operators of Nuclear Ships
The Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material
Multilateral Nuclear Environmental Programme in Russian Federation
Euratom Developments
Current International Issues in Liability
The Environmental Liability Directive
The US Approach
The Nuclear Installations Act 1965: Generally
Section 7: Duty of Licensee of Licensed Site
Occurrences involving Nuclear Matter
Occurrences on the Licensed Site
Occurrences involving Nuclear Matter being Carried
Occurrences involving Matter which has been on the Licensed Site or in the Course of Carriage
Ionising Radiations
Injury to Persons
Unborn Children
Personal Injury: The Sellafield Litigation
Personal Injury: The Industry Compensation Scheme
Damage to Property
Consequential Loss
The Licensee's Property and that of Third Parties
Liability of Third Parties in respect of Licensee's Property
Duty of the UKAEA
Duty of the Crown
Duty of Foreign Operators
Movements of Nuclear Matter to and from the UK
Duty of Carriers
Right to Compensation: Section 12
Damage, Injury or Loss outside Section 12
Exclusion of Other Claims
Limitation for Maritime Claims
Compensation for Damage to Licensee's Property
Exclusion, Extension and Reduction of Compensation: Section 13
Provision by Insurance: The Pool
Terms of Insurance
Provision by other Means
Claims exceeding the Aggregate Figure
Extension to British Territories
Personal Injury Liability outside the Act: The Test Veterans' Litigation
Chapter 7 Radiological Protection
International Commission on Radiological Protection
Nuclear Energy Agency
Euratom
Basic Safety Standards
Proposed Revision of BSS Directive and NORM
Implementation of the BSS Directive in the UK
The Ionising Radiations Regulations 1999
Justification: Cases
The Justification of Practices Involving Ionising Radiation Regulations 2004
Monitoring of Radioactivity Levels
Emergency Preparedness
Emergency Food Protection Measures
Chapter 8 Safeguards and Security
The Nuclear Test-ban and Arms Limitation Treaties
Legality of Nuclear Weapons
The Non-Proliferation Treaty
The Proliferation Security Initiative
IAEA Safeguards
Euratom Safeguards
The Euratom Supply Agency
Safeguards in the UK Generally
IAEA Safeguards in the UK
Euratom Safeguards in the UK
Export Controls
Import Controls
Fissile Materials Cut-Off Treaty
Security Generally
The Convention on the Physical Protection of Nuclear Material
Convention for the Suppression of Acts of Nuclear Terrorism
IAEA Guidance
Security in the UK
Nuclear Terrorism Generally
Chapter 9 Use of Radioactive Substances
Introduction
Radioactive Substances and Issues Relating to their Use
The Statutory Background: The Radioactive Substances Acts 1948 and 1960
The Enforcing Authority for Radioactive Substances
The Meaning of 'Radioactive Material'
Definition of 'Mobile Radioactive Apparatus'
Prohibition on use of Radioactive Material
Registration of Users of Radioactive Material
Conditions
Breaches of Condition
Exemption for Nuclear Sites
Specific Exemptions
High Activity Sealed Sources
Prohibition of use of Mobile Apparatus
Registration of Mobile Apparatus
Exemptions from Registration of Mobile Apparatus
Relationship of Registration under Sections 7 and 10
Cancellation and Variation of Registration
Display of Certificate of Registration and Retention of Records
Enforcement Notices
Prohibition Notices
Charges
Appeals
Powers of the Secretary of State
Powers of Entry, Inspection, etc
Access to Information
Application to Crown
Relationship to other Legislation
Environmental Permitting
Chapter 10 Transport
Introduction
Safety of Transport
International Regulation: Generally
Carriage by Sea
Carriage by Air
Road Transport
Rail Transport
Inland Waterways
Post
UK Transport Regulations
The Radioactive Material (Road Transport) Act 1991
The Carriage of Dangerous Goods Regulations
Transport by Road: Offences
Liability and Insurance
Transport of Radioactive Material by Rail
Transport by Sea
Transport by Air
Transboundary Waste Movements
Generally
European Community Regulation
The Directive on Supervision and Control of Shipments of Radioactive Waste and Spent Fuel
Regulation on Shipments of Radioactive Substances
Implementation of Community Requirements in the UK
Chapter 11 Decommissioning
Introduction
Approaches to Decommissioning
Convention Obligations
EU Developments
Decommissioning of Existing Facilities in the UK: Introduction
The Nuclear Decommissioning Authority
Site Licence Companies and Parent Body Organisations
Independent Scrutiny
Regulatory Aspects of Decommissioning
Environmental Impact Assessment
Nuclear Liabilities during Decommissioning
Site Delicensing
Decommissioning and New Build
Radioactively Contaminated Land
Amendment
Definition of Radioactively Contaminated Land
Procedural Aspects
Duty of Inspection
Making the Determination
Special Sites
Remediation Notices
Duties of the Enforcing Authority to carry out Remediation
The Appropriate Person and Relationship with Rules on Nuclear Damage
Part 2A and Licensed Nuclear Sites
Chapter 12 Radioactive Waste
Introduction
Inter-generational Equity Issues
International Co-operation on Disposal Facilities
Classifying Radioactive Waste
The UK National Inventory
Radioactive Waste Disposal in the UK: Historical Evolution
The Nirex Planning Application
Rebuilding the Radioactive Waste Programme
CoRWM
Spent Fuel Management and Reprocessing
High Level Waste
Intermediate Level Waste
Low Level Waste
Plutonium
Depleted Uranium
Partitioning and Transmutation
Waste Substitution
Imports and Exports of Waste
Geological Disposal
International Law
The Role of the International Atomic Energy Agency
The Joint Convention
The IAEA International Action Plan
The London Convention
OSPAR and the Sintra Statement
Sub-seabed Disposal
The MOX Plant Case
European Community Law
Euratom Requirements: Article 37
European Action Plans on Radioactive Waste Disposal
Transfrontier Movement of Radioactive Waste
Control under the Radioactive Substances Act 1993
Radioactive Waste Definition
'End of Waste' Issues
Contaminated Material
Section 1(2)(b)
Disposal and Accumulation
The Requirement of Authorisation for Disposal: Section 13
Nuclear Sites-Disposal of Waste
The Requirement of Authorisation for Accumulation: Section 14
Exemptions: Section 15
Review of Exemptions
Authorisation Procedures: Generally
Authorisation Procedure: Non-nuclear Sites
Authorisation Procedure: Nuclear Sites
Public Consultation on Applications
Local Inquiries into Authorisations
Environmental Assessment
Revocation and Variation of Authorisations
The Scope of the Variation Power
Review of Authorisations
Transfer of Authorisations
Effect of Authorisation
Functions of Local Authorities-'Special Precautions'
Notices and Records
Enforcement and Prohibition Notices: Sections 21 and 22
Secretary of State's Powers of Direction
Appeals
Powers of the Secretary of State relating to Radioactive Waste: Section 29
Power of Appropriate Agency to Dispose of Radioactive Waste and Orphan Sources
Rights of Entry, Inspection, etc
Offences: Sections 32 to 38
Public Access to Information: Section 39
Relationship of the 1993 Act to Other Statutory Provisions
Application to Crown: Section 42
Effect on other Rights and Duties: Section 46
Territorial Jurisdiction
Issues in Regulation: Generally
UK Strategy for Radioactive Discharges
Best Available Techniques
ALARA
Agency Guidance on Regulation and BAT
Solid Waste Disposal
Conditioning Waste
Authorising New Nuclear Power Stations
Appendices
Appendix 1 The Nuclear Installations Act 1965
Appendix 2 Standard Nuclear Site Licence Conditions
Appendix 3 Convention on Nuclear Safety
Appendix 4 Paris Convention on Third Party Liability Consolidated Version, as amended by 1964, 1982 and 2004 Protocols

Editorial Reviews

Stephen Tromans' textbook ... is a valuable and authoritative exposition of a most complex and relevant area of law.
...those who are looking to constructively contribute to the nuclear debate could do no better than to start with reading this textbook. Tromans, the pre-eminent authority on nuclear law, has produced a masterful work which deserves to be both praised and utilised.” —Ryan T. Whelan, Aberdeen Student Law Review, Volume 2

“This book is a tour de force, and timely too. It is both high level and detailed; witty and sobering; historical and contemporary. It deals with one of today's most pressing issues – the history, development and role of nuclear materials and power
This work gives an overview of the many interesting themes that form the background to nuclear law, and goes on to grapple with the detailed nuts and bolts of the applicable statutory, regulatory and diplomatic framework.
This masterly text addresses the issues in a straightforward and intelligible way...it is an important work that anyone intending to engage meaningfully in one of the most important debates of our times will wish to consult.
This is not a dry legal textbook (though it covers the complex law in detail). Nor is it a scientific treatise (though it covers nuclear research from the early explorations of the atom). Nor it is an opus on international relations (although it covers the Treaty on Strategic Arms reduction, and allied matters). Instead, this book pulls these variegated threads together into a comprehensive and comprehensible whole, and makes sense of what is inherently a complex and challenging mosaic.
There are serious issues to be addressed. Read this book and you will know why, what the issues are, and be able to enter the debate.” —Dr Robert Gaitskell, Oil, Gas & Energy Law Intelligence

“The second edition...offers a comprehensive, detailed, and up-to-date coverage of the policy and legal frameworks applicable to nuclear installations and nuclear substances.
The book ... offers the readers a practical guide to the subject matter.
This is, indeed, a unique book, written by an eminent practicing lawyer, and a leading expert in the field of Nuclear Law. It will, no doubt, be highly valued by those involved in nuclear policy development, practicing lawyers, regulators, the Civil Society (NGOs), and other stakeholders.” —Dr Bahram Ghiassee, Nuclear Future, 6(4)

“Stephen Tromans is widely recongised as an environmental law expert, particularly in the fields of energy and natural resources.
The book will appeal to a wider group than just lawyers. Like the sector it describes, it is multi-faceted with multiple layers of appeal to numerous professional and nuclear-interest groups.
The book is logically structured and provides an extensive overview of the subject, with its intersecting themes carefully illustrated. Given the complexity of the subject, the book is easily navigable, the text clear and accessible. The chapters are clearly defined around broad key themes and then broken down into manageable sections, giving the reader the ability to dip in and out with ease.
[The] author [has a] thorough understanding of the sector and skill at turbaning complex material into easily digestible chunks of information which creates [the] impression of order and simplicity.
For those with an interest in nuclear law, this book provides an excellent source of information, and is highly recommended.” —Gareth Davies, Nuclear Connect – Jourbanal for the Nuclear Industry Association

“This comprehensive depiction and analysis of the legal framework governing nuclear activities is both timely and useful to practitioners working in the realm of nuclear law.
Although its main focus is on Britain's legislation, the book will be of interest to readers outside the United Kingdom.
This book is of interest to a wide scope of addressees: to legal experts working in the field, it serves as a referenced book for the reading of selective chapters; young professionals and students studying nuclear law for the first time may use it as a textbook in which they can find explanatory notes, a description of both content and implications as well as summaries of important case law with may references for further research.
The author should be commended for beginning each chapter with very rich historical, technical and factual information on the various subject matters covered. This facilitates the understanding of complex legal issues.” —Selma Kus, International Energy Law Review, Issue 6

“One of the work's particular strengths – and the thing which more than any other makes this difficult and in many respects highly technical area accessible to the non-specialist reader – is its use of a contextual approach.
Throughout, the coverage is lucid, readable and authoritative. The author's achievement in managing to deal with equal comfort with topics as diverse as the siting criteria for new-build nuclear power plants and the international measures in place to combat nuclear terrorism is a remarkable one. This is an excellent work on an important, complex and broad-ranging topic, and indispensible reading for anyone having an interest in energy and / or environmental law.” —Greg Gordon, Environmental Liability, Volume 18, Issue 5

From the Publisher