Two Northern Ireland environmental controls catch mining and quarrying businesses that assume the rules are the same as in the rest of the United Kingdom. The first is radioactive substances: the Radioactive Substances Act 1993 was replaced in England and Wales in 2010 and in Scotland in 2018, but it is still the law in Northern Ireland, and DAERA issues the certificates. The second is peat extraction, which has no licence of its own but is controlled through planning, habitats and nature-conservation law.
- You keep radioactive sources (for example gauges) or produce radioactive waste at a mine, quarry or processing plant: check the registration and authorisation rules.
- You extract, or plan to extract, peat: check planning and EIA, the habitats assessment and, where relevant, ASSI consent.
Radioactive substances
Peat extraction and habitats
The consents in order
Consents for radioactive substances and peat extraction in Northern Ireland
Who decides, what you must obtain and what happens if you do not.
| Consent | Who decides | What triggers it | Penalty for getting it wrong |
|---|---|---|---|
| Certificate of registration (sections 7 and 10) | DAERA | Keeping or using radioactive material, or mobile radioactive apparatus, unless exempt | On summary conviction, a fine up to £20,000 or up to 6 months in prison, or both. On indictment, a fine or up to 5 years, or both |
| Certificate of authorisation (sections 13 and 14) | DAERA | Disposing of or accumulating radioactive waste | On summary conviction, a fine up to £20,000 or up to 6 months in prison, or both. On indictment, a fine or up to 5 years, or both |
| Planning permission and environmental impact assessment | Council or the Department for Infrastructure | Peat extraction, which is Schedule 2 development, and Schedule 1 development above 150 hectares | Planning enforcement. No permission means no lawful extraction |
| Appropriate assessment under the habitats regulations | The authority giving the permission, after consulting DAERA | A plan or project likely to have a significant effect on a European site | No permission unless the integrity of the site will not be adversely affected, or overriding public interest applies |
| DAERA consent for operations on an ASSI | DAERA | An operation listed in the ASSI declaration, on land in the ASSI | On summary conviction, a fine up to £20,000. On indictment, a fine. The court can order restoration |
Steps to get compliant
- Survey what you keep. List every radioactive source on site, what it is used for and how it is stored. Then check the exemption guidance and decide whether you need a certificate of registration or an authorisation for waste.
- Apply to DAERA and budget for fees. From 1 April 2025 the application fee for closed, open or mobile sources is £700 and the annual subsistence fee is £382. A waste authorisation costs £2,751 to apply for and £730 a year. Check DAERA's fees page for the current scheme.
- Find out whether the land is protected before you plan peat extraction. Ask DAERA whether it is in an ASSI, a special area of conservation or a special protection area.
- Request a screening determination and, if the project is EIA development, commission the environmental statement. Plan for the 16-week decision period.
- Supply the habitats assessment information the authority asks for, and do not start work until you have planning permission and, where it applies, DAERA's consent.
- Keep the records the certificates require, and plan for restoration if you work in or next to an ASSI.
Legal basis
Primary legislation and key regulations
Official guidance
DAERA — Radioactive substances fees and charges (opens in a new tab)
GOV.UK — Radioactive substances certificate of registration (Northern Ireland) (opens in a new tab)
GOV.UK — Radioactive substances waste certificate of authorisation (Northern Ireland) (opens in a new tab)
DAERA — Application for authorisation to accumulate and dispose of radioactive waste (opens in a new tab)
GOV.UK — Scope of and exemptions from the radioactive substances legislation in England, Wales and Northern Ireland (opens in a new tab)
DAERA — Peatlands (opens in a new tab)