Radioactive Substances Act 1993 and England's permit rules
In England, radioactive substances permits now fall under EPR 2016. Check scope, exemptions, source types and waste routes before using the EA register.
In England, permits now fall under the Environmental Permitting (England and Wales) Regulations 2016, not the Radioactive Substances Act 1993. An Environment Agency (EA) permit may be needed unless the material or waste is out of scope or an exemption applies. The agency's non-nuclear permitting guidance explains the current route under these regulations, known as EPR 2016.
The position differs across the UK. RSA 1993 remains relevant in Northern Ireland, while Scotland has a different operational regime. Start with the site's location before using an old registration, application form or reference to the Act. The government's scope and exemptions guidance distinguishes these frameworks.
Does the Radioactive Substances Act 1993 still apply?
Finding the Act on legislation.gov.uk does not establish which permit route an operator must use today. The revised statute remains available, but its presence online does not make its old registration system the current England route.
This summary of the Radioactive Substances Act 1993 starts with the site's location:
| Site location | Operational framework to check |
|---|---|
| England | Environmental Permitting (England and Wales) Regulations 2016, administered by the Environment Agency |
| Wales | Environmental Permitting (England and Wales) Regulations 2016; do not apply England's EA instructions without checking the Welsh route |
| Northern Ireland | Radioactive Substances Act 1993 remains relevant |
| Scotland | Environmental Authorisations (Scotland) Regulations 2018 and the applicable Scottish rules |
These distinctions follow the government's territorial guidance. Scotland's EASR took effect on 1 September 2018. Its repeal provisions replaced the principal RSA registration, authorisation and enforcement provisions.
Avoid describing RSA 1993 as wholly repealed throughout the UK. For an England compliance check, identify the current environmental permit requirements rather than trying to reuse the historic registration route.
When an England operation needs a permit
The EA's guidance covers the non-nuclear sector. It identifies activities that may need a permit before they start:
- Keeping or using radioactive material.
- Using mobile radioactive apparatus.
- Receiving, accumulating or disposing of radioactive waste.
Assess scope and exemptions before choosing a permit. Nuclear licensed sites have a separate permitting route, so these non-nuclear instructions should not be applied to every nuclear site activity.
Source classification affects the permit choice. A sealed source contains radioactive material permanently sealed in a capsule, or in solid form, so radioactive substances cannot escape during normal use. A source that does not meet that definition is unsealed. The EA requires separate permits for sealed and unsealed sources.
The bespoke sealed-source permit covers relevant keeping and use, mobile apparatus and waste sealed-source activities. The unsealed-source and radioactive-waste permit must not be used for sealed sources or waste sealed sources. Choose the route that matches the source and activities, rather than treating all radioactive substances as one application category.
For a site with both source types, do not assume that one permit covers the whole inventory. Review the sealed and unsealed categories separately. Likewise, distinguish material still in use from waste awaiting disposal when checking the activities covered. The EA's source-specific permit descriptions are the starting point for that review.
Standard-rules permits are another possible route for specified activities. They have fixed conditions and remain permits, not exemptions. Check whether the activity fits those conditions before assuming a bespoke application is unnecessary. The EA sets out both routes in its permit guidance.
Check waste activities separately
Keeping or using a source does not, by itself, establish permission for every later waste activity. Check whether the proposed accumulation, receipt and disposal activities fall within the permit's coverage.
“Disposal” also has a wider legal meaning than final burial. Under Schedule 23 of EPR 2016, it includes removal, deposit, destruction and discharge into water, air, a sewer or drain, as well as burial. Those words define regulated activities. They do not grant permission to use any particular route.
For handling and disposal of radioactive substances, establish the proposed waste route before deciding that existing permissions are sufficient. Match that route to the permit or applicable exemption conditions. The EA guidance separates source-use and waste permissions.
Exempt is different from out of scope
An out-of-scope substance is not legally radioactive material or radioactive waste for this environmental regime. It can still be physically radioactive. Other legislation, including workplace radiation rules, can still apply. The government's scope guidance explains that distinction.
An exempt activity falls within the framework but does not require a permit while all relevant exemption conditions are met. Conditions can concern quantities, management and waste disposal. If the operator cannot meet them, the exemption does not apply and a permit is needed, according to the EA.
A practical assessment follows this order:
- Establish whether the material or waste falls within scope.
- Identify any applicable exemption and check every relevant condition.
- If a permit is needed, select the source category and activities it must cover.
- Check the proposed waste route against that coverage.
This sequence brings together the government's scope guidance and EA permit guidance. It does not determine a particular site's status without its inventory, source classification, quantities and proposed activities. Use the applicable legal conditions, not a single assumed exemption limit. For strict legal interpretation, the legislation takes precedence over guidance.
How to check the radioactive substances register
For an England lookup, start with the EA's public-register index and select “Radioactive Substances register search”. The dedicated search supports permit holder, permit number, local authority and address searches. You can also use postcode and distance, or download the complete-register ZIP file.
Use the permit number where available. Otherwise, search by holder or address, including a partial address or town. These fields help locate the register entry; the entry alone does not establish the full scope of an authorisation.
Treat a register search and a permit review as different tasks. Finding the right holder or address does not establish whether your proposed activity is authorised. After locating the record, obtain the operative permit and its variations through the EA's document access guidance.
Read those documents together to establish the permit's terms and whether they cover the activity you propose. Check the source type and waste activities against those terms, rather than relying on the register entry alone.
The public register has a limit: sealed-source information is subject to national-security restrictions. This includes waste sealed sources, and sealed-source permit applications are not placed on the public register. The EA states these restrictions in its permitting guidance.
A missing search result therefore does not prove that a site has no radioactive sources. Restrictions, exempt activities or a mismatch in search details can make absence inconclusive. Equally, a listed permit is not a certificate of full compliance. Use the register to locate records, then check the actual authorisation and its conditions.
Environmental permits do not settle workplace duties
An EA environmental permit does not settle worker radiation-safety duties under the Ionising Radiations Regulations 2017. The government's guidance distinguishes the two regimes, including where substances fall outside environmental scope.
RegAffairs AI's answer on radioactive-substances permits in England links the discussion to official regulatory documents. For workplace requirements, check HSE's separate notification and registration guidance: the route depends on the work, and HSE registration is not an EA environmental permit.