# Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

**Full title:** The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
**Citation:** SI 1999/2892
**Official source:** [legislation.gov.uk/uksi/1999/2892](https://www.legislation.gov.uk/uksi/1999/2892)
**Status:** In force
**Docket reference:** Ch06 Section 6.5

## Purpose

These regulations implement EC Directive 97/11/EC (amending the original EIA Directive 85/337/EEC) as it applies to the decommissioning of nuclear reactors. They require that an environmental impact assessment (EIA) be carried out before consent is given for the decommissioning of a nuclear reactor.

## Key Provisions

### Requirement for EIA (Regulation 3)

- Before granting consent for dismantling or decommissioning of a nuclear reactor, HSE (now ONR) must ensure that an EIA has been carried out.
- The EIA must assess the likely significant effects of the decommissioning project on the environment.

### Environmental Statement (Regulation 4-5)

- The operator must submit an environmental statement containing:
  - A description of the project (including decommissioning activities, timescales, and methods)
  - The main alternatives considered and the reasons for the choice made
  - The aspects of the environment likely to be significantly affected
  - The measures envisaged to prevent, reduce, or offset significant adverse effects
  - A non-technical summary

### Consultation (Regulation 6-7)

- The environmental statement must be made available for public consultation.
- Statutory consultees (environment agencies, local authorities, Natural England) must be consulted.
- Transboundary consultation may be required if significant effects on another state are likely.

### Decision-Making (Regulation 8)

- ONR must take the environmental information into account when deciding whether to grant consent for decommissioning.
- The decision and its reasons must be made public.

## Relationship to EC/EU Law

These regulations transposed Article 2(1) of Directive 85/337/EEC (as amended by 97/11/EC). Post-Brexit, the regulations remain in force as retained EU law, with modifications under the European Union (Withdrawal) Act 2018.

## NFC Course Relevance

- Decommissioning is the final stage of the nuclear fuel cycle at the facility level, and these regulations ensure that environmental impacts are assessed before work begins.
- Understanding the EIA process is important for students studying decommissioning strategy and planning (the "back end" of the fuel cycle).
- The regulations illustrate how EU-origin environmental law has been retained in UK law post-Brexit.

## Cross-References

- [NIA_1965.md](NIA_1965.md) — Decommissioning occurs on NIA-licensed sites
- [EA_2004.md](EA_2004.md) — NDA responsible for decommissioning strategy of public-sector sites
- [EPR_2016.md](EPR_2016.md) — Environmental permitting for waste arising from decommissioning