Definitions

'radioactively contaminated land'

land containing radioactive contamination that would preclude HSE giving notice in writing that in its opinion there ceases/has ceased to be any danger from ionising radiations on the site, or part of the site.

The 'no danger' criterion (for delicensing) is that the risk of death to an individual should not be more than one in a million per year. 

'remediation'

any measure that may be carried out to reduce the radiation exposure from existing contamination of land areas through action applied to the contamination itself (the source) or to the exposure pathways to humans.

'radioactive contaminated land'

any land that appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that harm is being caused or there is a significant possibility of harm being caused.

Statutory guidance defines 'harm' as referring to only the potential effects of long-lasting radiation exposure on human health and states that land is to be defined as “radioactive contaminated land” if the radiation dose to an individual from the current use of the land is equal to or greater than 3 mSv per year.

'intervention'

a human activity that prevents or decreases the exposure of individuals to radiation from sources which are not part of a practice or which are out of control, by acting on the sources, transmission pathways and individuals themselves.

'radioactive contaminated land'

any land that appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:

1. significant harm is being caused or there is a significant possibility of such harm being caused, or
2. significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused.

In this definition “harm” means “lasting exposure to any person resulting from the after-effects of a radiological emergency, past practice or past work activity”. There is also a separate definition of “harm” in relation to the water environment (i.e. surface water, groundwater and wetlands) and this includes harm to living organisms other than humans. Statutory guidance for the Radioactive Contaminated Land (Scotland) Regulations 2007 will be issued before they come into force in October 2007 and this will provide further details of the definitions.

'land contaminated with radioactivity'

land into or onto which radioactive substances have been introduced as a consequence of man’s activities.

'Radioactive substances' are defined as being radioactive materials and radioactive wastes as defined in the Radioactive Substances Act 1993.

'land affected by radioactive contamination'

all land where the actual or suspected presence of substances in, on or under the land may cause radiation risks to people, human activities or the environment, regardless of whether the land meets the statutory definition in Part 2A.

'contaminated land'

any land that appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:

• significant harm is being caused or there is a significant possibility of such harm being caused, or

• pollution of controlled waters is being, or is likely to be, caused.

'Harm' means harm to the health of human beings and various other living organisms, or other interference with the ecological systems of which they form a part, and, in the case of humans, includes harm to property.  Regulations and Statutory Guidance from Defra and the Welsh Assembly Government set out what harm is to be regarded as “significant”, what is meant by “significant possibility” and how to determine whether pollution of controlled waters is being or is likely to be caused.

'remediation'

the doing of anything for the purpose of assessing the condition of:

• the contaminated land in question;
• any controlled waters affected by that land;
• any land adjoining or adjacent to that land;

the doing of any works, the carrying out of any operations or the taking of any steps in relation to such land or waters for the purpose of:

• preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any pollution of controlled waters, by reason of which the contaminated land is such land;
• restoring the land or waters to their former state;
• the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or waters.

'contaminated land'

any land that appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:

• significant harm is being caused or there is a significant possibility of such harm being caused, or

• significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused.

Statutory guidance from the Scottish Executive sets out how to determine whether pollution is significant and what is a significant possibility of pollution.

'remediation'

the doing of anything for the purpose of assessing the condition of:

• the contaminated land in question;
• the water environment affected by that land;
• any land adjoining or adjacent to that land;

the doing of any works, the carrying out of any operations or the taking of any steps in relation to such land or waters for the purpose of:

• preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any significant pollution of the water environment, by reason of which the contaminated land is such land;
• restoring the land or water environment to its former state;

the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or water environment.

'land affected by contamination'

all land where the actual or suspected presence of substances in, on or under the land may cause risks to people, human activities or the environment, regardless of whether the land meets the statutory definition in Part 2A.

'radioactively contaminated land'

any land in, on or under which there are radioactive contaminants above natural and artificial background levels that are typical of the area of the UK in which the site is located.

'non-radioactively contaminated land'

any land in, on or under which there are non-radioactive contaminants above natural and artificial background levels that are typical of the area of the UK in which the site is located.

'contaminated land'

any land in, on or under which there are contaminants above natural and artificial background levels that are typical of the area of the UK in which the site is located.

'remediation'

any measure that may be carried out to reduce the exposure from existing contamination of land areas through action applied to the contamination itself (the source) or to the exposure pathways to humans or other organisms.