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This guidance is for operators of nuclear sites who are licensees under the Nuclear Installations Act 1965. It is also for operators who are tenants on nuclear sites.

There is separate guidance for users of radioactive substances that are not located on nuclear licensed sites known as the non-nuclear sector.

If you know which permit you need and just want to find a specific application form or piece of technical guidance we have also published these separately.

Radioactive substances include radioactive material and radioactive waste. The Environment Agency regulates radioactive substances activities to make sure they meet high standards of environmental protection. They do this under the Environmental Permitting Regulations (EPR) (2016).

When you need a permit

If you are going to carry out a radioactive substances activity you may need to apply to the Environment Agency for a permit. You must do this before you start the activity.

If you hold a licence under the Nuclear Installations Act 1965 you may need a permit if you:

• receive or dispose of radioactive waste
• keep or use mobile radioactive apparatus (portable equipment containing radioactive material) away from the nuclear site

If you are a tenant on a nuclear licensed site you may need a permit if you:

• keep or use radioactive material
• keep or use mobile radioactive apparatus
• receive or dispose of radioactive waste

The Environment Agency does not regulate the accumulation of radioactive waste on nuclear sites by either licensees or tenants, the Office for Nuclear Regulation (ONR) does this.

Mobile radioactive apparatus and sealed sources

Mobile radioactive apparatus and radioactive material can include sealed sources. You will need separate permits for sealed sources and unsealed sources.

A sealed source is a radioactive source where the radioactive material is permanently sealed in a capsule, or is in a solid form, and where radioactive substances cannot escape under normal conditions of use. The legal definition of a sealed source is given in the Basic Safety Standards Directive 2013.

Any source that does not meet the definition of a sealed source is called an unsealed source.

If you need to apply for a sealed source permit, check the non-nuclear sector guidance for information about how to apply and the form to use.

You may also need another type of permit if you carry out other activities as well as your radioactive substances activity. Check if you need an environmental permit for your other activities.

When you do not need a permit

You do not need a permit if the radioactive substances you are dealing with are out of scope or the activity that you are carrying out is exempt.

Out of scope

Some radioactive substances are out of scope of the legislation (EPR 2016) and so are not legally classed as radioactive material or radioactive waste. This means the Environment Agency does not need to regulate them to protect the environment. But they may still need to be regulated for health and safety purposes. On nuclear sites this is done by ONR.

Deciding if a radioactive substance is out of scope of the legislation involves applying rules about:

• whether the radionuclides are naturally occurring or artificial
• the type of activity that natural radionuclides are used for
• whether the concentration of radionuclides is above specified levels
• whether other criteria apply, such as radionuclides with a very short half life

The government has published guidance that explains which activities or substances are out of scope. You can check section 2 (pages 11 to 33) of the guidance Scope of and exemptions from the radioactive substances legislation in England, Wales and Northern Ireland to see if your activity is out of scope.

If you are not sure whether your activity is out of scope, contact us or consult a radioactive waste adviser.

Exempt activities

Some activities are exempt and you do not need a permit for them. This is because the risks to people and the environment from them are very low. But they still need a light touch level of regulation and this is done through an exemption.

You must meet certain conditions for your activity to be exempt. For example, there are conditions on how to dispose of the waste from your radioactive substances activity. The conditions are there to make sure you carefully control and manage your activity.

There is government guidance that describes each exemption in full. You can check section 3 (pages 34 to 112) of Guidance on the scope of and exemptions from the radioactive substances legislation in England, Wales and Northern Ireland.

In practice most of these exemptions will not apply to activities on nuclear sites.If you are not sure whether your activity is exempt contact us for advice or consult a radioactive waste adviser.

Apply for a permit

Before you apply you must do all the following:

• read the instructions in the application form and form guidance
• check you meet the legal operator and competency requirements (including technical competency)
• develop a management system (a set of written procedures that helps you to control your radioactive substances and comply with your permit conditions)
• read the guidance Radioactive substances regulation (RSR): objective and principles

These are the different permits for radioactive substances activities on nuclear sites.

Unsealed sources and radioactive waste permit

If you are nuclear site licensee, you should apply for an unsealed sources and waste permit if you plan to:

• dispose of radioactive waste
• receive radioactive waste for disposal

If you are a tenant on a nuclear site, you should apply for an unsealed sources and waste permit if you plan to:

• keep or use unsealed radioactive sources, including unsealed sources in mobile radioactive apparatus
• dispose of radioactive waste
• receive radioactive waste for disposal

This permit should not be used for any activity involving sealed sources or waste sealed sources.

To apply for an unsealed sources and radioactive waste permit you need to complete these 3 forms:

• Part RSR A: about you and your premises
• Part RSR F: about charges and declarations
• Part RSR B3: apply for an unsealed sources and radioactive waste permit

Each form has supporting guidance and you should read this before you start to fill in the form.

If you are applying for a permit to dispose of radioactive waste (other than disposal of solid radioactive waste by burial), this guidance is also important and will help you prepare your application:

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