Nuclear Law

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, and has appeared in the European Court on cases involving EC radiological protection law.

• 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

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, July 2011 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 April 2010 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), July/Ausust 2010 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 turning 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 - Journal 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, 2010 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, September-October 2010 Tromans' most recent work certainly deser