Part 1 Preliminary
1 Name
of regulations [see Note
1]
These regulations are the Australian Radiation Protection and Nuclear Safety Regulations 1999.
2 Commencement
[see Note 1]
These regulations commence on gazettal.
3 Definitions —
the dictionary
(1) The dictionary at the end of these regulations
defines certain words and expressions, and includes signpost definitions to
words and expressions used in these regulations.
Example
The signpost definition:
‘dose see Annex A of the Recommendations for
limiting exposure to ionizing radiation.’
indicates that the expression is defined
in Annex A of the Recommendations for limiting exposure to ionizing
radiation and applies to these regulations.
(2) The dictionary also includes certain words and
expressions used in these regulations that are defined in the Act.
(3) The dictionary is part of these regulations.
(4) A definition in these regulations applies to each
use of the word or expression in these regulations unless the contrary
intention appears.
Part 2 Controlled
apparatus and facilities
Division 1 Controlled apparatus
4 Kinds
of apparatus that are controlled apparatus
(1) Controlled apparatus is defined in
section 13 of the Act, and includes an apparatus, prescribed by the
regulations, that produces harmful non‑ionizing radiation when energised.
(2) Apparatus is controlled apparatus if:
(a) the apparatus is:
(i) a magnetic field non‑destructive
testing device; or
(ii) an induction heater or induction
furnace; or
(iii) an industrial radiofrequency
heater or welder; or
(iv) a radiofrequency plasma tube; or
(v) microwave or radiofrequency
diathermy equipment; or
(vi) an industrial microwave or
radiofrequency processing system; or
(vii) an optical source, other than a
laser product, emitting ultraviolet radiation, infrared or visible light; or
(viii) a laser product with an accessible
emission level more than the accessible emission limit of
a Class 3R laser product, as set out in AS/NZS 2211.1:2004 Safety
of Laser Products, Part 1: Equipment Classification, Requirements
and User’s Guide; or
(ix) an optical fibre communication
system exceeding Hazard Level 3R, as defined by AS/NZS 2211.2:2006 Safety
of Laser Products, Part 2: Safety of Optical Fibre Communications
Systems (OFCS); and
(b) it produces non‑ionizing radiation that could
lead to a person being exposed to radiation levels in excess of the exposure
limits mentioned in Schedule 1; and
(c) the excess levels of radiation mentioned in
paragraph (b) are readily accessible to persons:
(i) in the course of intended
operations or procedures of the apparatus; or
(ii) under a reasonably foreseeable
abnormal event involving the apparatus; or
(iii) under a reasonably foreseeable
single element failure of the apparatus; or
(iv) without the use of tools or other
specialised equipment required to remove protective barriers or access panels.
(3) However, the CEO may declare, in writing, on a case
by case basis, that an apparatus is not a controlled apparatus.
Note A decision to refuse to make a
declaration is reviewable under regulation 66.
(3A) The CEO must not make a declaration under
subregulation (3) unless the CEO is satisfied that:
(a) the apparatus does not pose an unacceptable
potential hazard to the health and safety of people or to the environment; and
(b) it would be inappropriate, in all the
circumstances, for the apparatus to be a controlled apparatus.
(4) The CEO must publish the declaration in the Gazette
as soon as practicable after making it.
Division 2 Controlled facilities
5 Controlled
facility
(1) Controlled facility is defined in
section 13 of the Act as a nuclear installation or a prescribed radiation
facility.
(2) Prescribed radiation facility is also
defined in section 13 as a facility or installation prescribed by the
regulations.
(3) This Division describes prescribed radiation
facilities, which will therefore be controlled facilities.
6 Prescribed
radiation facility
(1) A prescribed radiation facility is any of the
following:
(a) a particle accelerator that:
(i) has, or is capable of having, a
beam energy greater than 1 MeV; or
(ii) can produce neutrons;
(b) an irradiator that contains more than 1015
Bq of a controlled material;
(c) an irradiator that contains more than 1013
Bq of a controlled material and:
(i) does not include shielding as an
integral part of its construction; or
(ii) if it does include shielding as an
integral part of its construction — the shielding does not prevent a
person from being exposed to the source; or
(iii) if it does include shielding as an
integral part of its construction — has a source that is not inside
shielding during the operation of the irradiator;
(d) a facility (other than a nuclear
installation) used for the production, processing, use, storage, management or
disposal of:
(i) unsealed sources for which the
result worked out using the steps mentioned in subregulation (2) is
greater than 106; or
(ii) sealed sources for which the
result worked out using the steps mentioned in subregulation (2) is
greater than 109.
(2) For subparagraphs (1) (d) (i) and
(ii), the steps are:
(a) divide the activity of each nuclide in the
sources by the activity value mentioned in column 4 of Part 2 of
Schedule 2 for the nuclide; and
(b) if there is more than 1 nuclide in the
sources — add the result for each nuclide worked out under
paragraph (a).
(3) However, the CEO may
declare, in writing, on a case by case basis, that a facility is not a
prescribed radiation facility.
Note A decision to refuse to make a
declaration is reviewable under regulation 66.
(3A) The CEO must not make a declaration under
subregulation (3) unless the CEO is satisfied that:
(a) the facility does not pose an unacceptable
potential hazard to the health and safety of people or to the environment; and
(b) it would be inappropriate, in all the
circumstances, for the facility to be a prescribed radiation facility.
(4) The CEO must publish the declaration in the Gazette
as soon as practicable after making it.
Division 2A Controlled person
6A Prescribed
Commonwealth place
For paragraph (d) of the definition of controlled
person in section 13 of the Act, the place known as Building 64,
as shown on site plan drawing No. A3E 111993 dated November 1999, Lucas Heights
Science and Research Centre, New Illawarra Road, Lucas Heights, in the local
government area of Sutherland, Parish of Eckersley, County of Cumberland,
erected on part of the land contained in Certificate of Title folio identifier
1/89876, is a prescribed Commonwealth place.
Division 3 Prescribed activity levels
7 Nuclear
installation — prescribed activity level for nuclear waste storage
facilities
(1) For paragraph (c) of the definition of nuclear
installation in section 13 of the Act, the activity level, for a
nuclear waste storage facility that contains, or is designed to contain,
controlled materials, is:
(a) if the facility contains, or is designed to
contain, unsealed sources, and the result worked out for a waste package of the
unsealed sources, using the steps mentioned in subregulation (2) (the activity
concentration value steps), is greater than 104 — the
level at which the result worked out for the unsealed sources in the facility,
using the steps mentioned in subregulation (3) (the activity value
steps), is 106; or
(b) if the facility contains, or is designed to
contain, sealed sources — the level at which the result worked out for the
sealed sources in the facility, using the steps mentioned in
subregulation (3) (the activity value steps), is 1010.
Note Under section 13 of the Act, a
nuclear waste storage facility with an activity that is greater than the
activity level prescribed is a nuclear installation.
(2) For paragraph (1) (a), the activity
concentration value steps are:
(a) divide the activity of each nuclide in the
waste package by the mass of the waste package; and
(b) divide the result for each nuclide worked out
under paragraph (a) by the activity concentration value mentioned in
column 3 of Part 2 of Schedule 2 for the nuclide; and
(c) if there is more than 1 nuclide in the waste
package — add the result for each nuclide worked out under
paragraph (b).
(3) For paragraphs (1) (a) and (b), the
activity value steps are:
(a) divide the activity of each nuclide in the
sources in the facility by the activity value mentioned in column 4 of Part 2
of Schedule 2 for the nuclide; and
(b) if there is more than 1 nuclide in the sources —
add the result for each nuclide worked out under paragraph (a).
8 Nuclear
installation — prescribed activity level for nuclear waste disposal
facilities
(1) This regulation applies to a nuclear waste disposal
facility if:
(a) it contains, or
is designed to contain, controlled materials; and
(b) the result
worked out for a waste package of the controlled materials, using the steps
mentioned in subregulation (3) (the activity concentration value
steps), is greater than 102.
(2) For paragraph (c) of the definition of nuclear
installation in section 13 of the Act, the activity level, for a
nuclear waste disposal facility to which this regulation applies, is the level
at which the result worked out for the controlled materials in the facility,
using the steps mentioned in subregulation (4) (the activity value
steps), is 108.
Note Under section 13 of the Act, a
nuclear waste disposal facility with an activity that is greater than the
activity level prescribed is a nuclear installation.
(3) For paragraph (1) (b), the activity
concentration value steps are:
(a) divide the activity of each nuclide in the
waste package by the mass of the waste package; and
(b) divide the result for each nuclide worked out
under paragraph (a) by the activity concentration value mentioned in
column 3 of Part 2 of Schedule 2 for the nuclide; and
(c) if there is more than 1 nuclide in the waste
package — add the result for each nuclide worked out under
paragraph (b).
(4) For subregulation (2), the activity value
steps are:
(a) divide the activity of each nuclide in the
controlled materials in the facility by the activity value mentioned in column
4 of Part 2 of Schedule 2 for the nuclide; and
(b) if there is more than 1 nuclide in the
controlled materials — add the result for each nuclide worked out under
paragraph (a).
11 Nuclear
installation — prescribed activity level for facilities for production of
radioisotopes
(1) For
paragraph (d) of the definition of nuclear installation in
section 13 of the Act, the activity level, for a facility for production
of radioisotopes, is:
(a) if the facility contains, or is designed to
contain, unsealed sources — the level at which the result worked out for
the unsealed sources using the steps mentioned in subregulation (2) is 106;
or
(b) if the facility contains, or is designed to
contain, sealed sources — the level at which the result worked out for the
sealed sources using the steps mentioned in subregulation (2) is 1010.
Note Under section 13 of the Act, a
facility for production of radioisotopes with an activity that is greater than
the activity level prescribed is a nuclear installation.
(2) For paragraphs (1) (a) and (b), the steps
are:
(a) divide the activity of each nuclide in the
sources by the activity value mentioned in column 4 of Part 2 of
Schedule 2 for the nuclide; and
(b) if there is more than 1 nuclide in the
sources — add the result for each nuclide worked out under
paragraph (a).
Part 3 The radiation health and safety advisory council and
advisory committees
Division 1 Radiation Health and Safety Advisory Council
12 Radiation
Health and Safety Advisory Council
(1) The Radiation Health and Safety Advisory Council is
established under section 19 of the Act.
(2) Each member of the Council, other than the CEO, is
appointed under subsection 21 (2) of the Act.
(3) The Chair of the Council is appointed under
subsection 21 (6) of the Act.
(4) Under section 29 of the Act, the regulations may
prescribe matters relating to the Council, including, but not limited to, the
term of appointment of members, resignation of members, disclosure of interests
by members and procedural matters.
(5) This Division sets out some of the matters relating
to the Council.
13 Term
of appointment
(1) A Council
member is appointed for the term stated in the member’s appointment.
(2) The term stated in the appointment must not be
greater than 3 years.
(3) However, a Council member may be reappointed for
further terms of up to 3 years.
(4) The Chair of the Council
is appointed as Chair for the term stated in the Chair’s appointment.
(5) The Chair of the Council
may be reappointed for further terms.
14 Resignation
A Council
member may resign by signed notice of resignation given to the Minister.
15 Disclosure
of interests
A Council member must give written notice to
the Minister of all interests, pecuniary or otherwise, that the member has or
acquires and that could conflict with the proper performance of the member’s
functions.
16 Termination
of appointment
(1) The Minister may terminate a Council member’s
appointment for:
(a) physical or mental incapacity; or
(b) misbehaviour; or
(c) incompetence; or
(d) inefficiency; or
(e) failing to comply, either recklessly or
intentionally, with regulation 15.
(2) The Minister must terminate the member’s appointment
if the member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) assigns his or her remuneration for the benefit
of his or her creditors; or
(e) is convicted of an offence punishable by
imprisonment for 1 year or longer; or
(f) is absent without leave of absence from 3
consecutive meetings of the Council.
17 Leave
of absence
(1) The Minister may grant leave of absence to the Chair
of the Council.
(2) The Chair may grant leave of absence to another
Council member.
18 Council
procedures generally
(1) In performing its functions, the Council:
(a) must
act according to these regulations; and
(b) must act with as little formality and as quickly as the
requirements of these regulations, and a proper consideration of the issues
before the Council, allow; and
(c) is not
bound by the rules of evidence; and
(d) may
obtain information about an issue in any way it considers appropriate; and
(e) may
receive information or submissions orally or in writing; and
(f) may
consult anyone it considers appropriate.
(2) However, the Council must comply with any directions given, in writing, to the Council
by the Minister or the CEO about the Council’s performance of its functions.
19 Meetings
(1) The Minister or the CEO
may, by written notice to the Council, direct the Council to hold meetings at
the times and places, and to deal with matters in the manner, stated in the notice.
(2) If the Minister or the CEO
has not given written notice to the Council under subregulation (1), the
Council may hold the meetings at the times and places, and may deal with
matters in the manner, that the Council considers necessary for the performance
of its functions.
(3) Subject to these
regulations, the procedure of a Council’s meeting is as decided by the Council.
20 Presiding
member
(1) The Chair must preside at
a Council meeting at which the Chair is present.
(2) If the Chair is absent, the member chosen by the
members present must preside.
21 Quorum
At a Council meeting,
a majority of members forms a quorum.
22 Voting
A decision made at a Council
meeting by a majority of the votes of the members present and voting is
a decision of the Council.
23 Records
and reports
(1) The Council must
keep a record of its proceedings.
(2) The Council must
prepare an annual report for the CEO on the Council’s activities for the year.
(3) The Council must prepare any other report that is
requested by the Minister or the CEO.
Division 2 Radiation Health Committee and Nuclear Safety Committee
24 Radiation
Health Committee and Nuclear Safety Committee
(1) The Radiation Health Committee is established under
section 22 of the Act and the Nuclear Safety
Committee is established under section 25 of the Act.
(2) Each member of the Radiation Health Committee, other
than the CEO, is appointed under subsection
24 (2) of the Act and the Chair of that Committee is appointed under
subsection 24 (6) of the Act.
(3) Each member of the Nuclear Safety Committee, other than the CEO, is appointed under subsection
27 (2) of the Act and the Chair of that Committee is appointed under
subsection 27 (6) of the Act.
(4) Under section 29 of the Act, the regulations may prescribe
matters relating to the Radiation Health Committee and the Nuclear Safety Committee, including, but not limited to, the
term of appointment of members, resignation of members, disclosure of interests
by members and procedural matters.
(5) This Division sets out some of the matters relating
to the Committees.
25 Term of appointment
(1) A Committee member is
appointed for the term stated in the member’s
appointment.
(2) The term stated in the appointment must not be
greater than 3 years.
(3) However, a Committee member may be reappointed for
further terms of up to 3 years.
(4) The Chair of a Committee is appointed as Chair for
the term stated in the Chair’s appointment.
(5) The Chair of a Committee may
be reappointed for further terms.
26 Resignation
A Committee
member may resign by signed notice of resignation given to the CEO.
27 Disclosure of interests
A Committee
member must give written notice to the CEO of all interests, pecuniary or
otherwise, that the member has or acquires and that could conflict with the
proper performance of the member’s functions.
28 Termination of appointment
(1) The CEO may terminate a Committee member’s
appointment for:
(a) physical or mental incapacity; or
(b) misbehaviour; or
(c) incompetence; or
(d) inefficiency; or
(e) failing to comply, either recklessly or
intentionally, with regulation 27.
(2) The CEO must terminate a
Committee member’s appointment if the member:
(a) becomes bankrupt;
or
(b) applies to take the
benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his
or her creditors; or
(d) assigns his or her
remuneration for the benefit of his or her creditors; or
(e) is convicted of an
offence punishable by imprisonment for 1 year or longer; or
(f) is absent without
leave of absence from 3 consecutive meetings of the Committee.
29 Leave of absence
(1) The CEO may grant leave of
absence to the Chair of a Committee.
(2) The Chair may grant leave
of absence to another Committee member.
30 Committee procedures generally
(1) In performing its functions, a Committee:
(a) must
act according to these regulations; and
(b) must act with as little formality and as quickly as the
requirements of these regulations, and a proper consideration of the issues
before the Committee, allow; and
(c) is not
bound by the rules of evidence; and
(d) may
obtain information about an issue in any way it considers appropriate; and
(e) may
receive information or submissions orally or in writing; and
(f) may
consult anyone it considers appropriate.
(2) However, the Committee must comply with any directions given, in writing, to the
Committee by the CEO or the Council about the Committee’s performance of its
functions.
31 Meetings
(1) The CEO or the Council
may, by written notice to the Committee, direct the Committee to hold meetings
at the times and places, and to deal with matters in the manner, stated in the
notice.
(2) If the CEO or the Council
has not given written notice to the Committee under subregulation (1), the
Committee may hold the meetings at the times and places, and may deal with
matters in the manner, that the Committee considers necessary for the
performance of its functions.
(3) Subject to these
regulations, the procedure of a Committee’s meeting is as decided by the
Committee.
32 Presiding member
(1) The Chair must preside at
a Committee meeting at which the Chair is present.
(2) If the Chair is absent, the member chosen by the
members present must preside.
33 Quorum
At a Committee meeting,
a majority of members forms a quorum.
34 Voting
A decision made at a Committee
meeting by a majority of the votes of the members present and voting is
a decision of the Committee.
35 Records
and reports
(1) A Committee must keep a record of its proceedings.
(2) A Committee must prepare any report that is
requested by the CEO or the Council.
(3) If a Committee prepares a report on any matter, it
must give copies of the report to the CEO and to the Chair of the Council.
Part 4 Licences
Division 1 Exemptions
37 Exempt
people (facility licence)
(1) The CEO may declare, in writing, on a case by case
basis, that conduct of a kind mentioned in paragraph 30 (1) (a), (b),
(c), (d) or (e) of the Act by a specified controlled person in relation to a
specified controlled facility (including any future conduct by the controlled
person in relation to the controlled facility) does not, or will not pose, an
unacceptable potential hazard to the health and safety of people or to the
environment.
Note A decision to refuse to make a declaration
is reviewable under regulation 66.
(2) The CEO may also state in the declaration that:
(a) the declaration has effect only if
circumstances mentioned in the declaration exist; or
(b) the declaration does not have effect if
circumstances mentioned in the declaration exist.
(3) The CEO must publish the declaration in the Gazette
as soon as practicable after making it.
(4) For paragraph 30 (1) (g) of the Act, a
controlled person is exempted in relation to conduct of a kind mentioned in
paragraph 30 (1) (a), (b), (c), (d) or (e) of the Act in relation to
a controlled facility if:
(a) the controlled person, the kind of conduct
and the controlled facility are specified in a declaration that is made and
published under this regulation; and
(b) the declaration is in effect at the time the
conduct is undertaken.
37A Notice
of intention to make a declaration
(1) Before making a declaration under subregulation
37 (1), the CEO must publish in the Gazette a notice of his or her
intention to make the declaration.
(2) The notice must include:
(a) a copy of the proposed declaration; or
(b) a description of the controlled person, the
kind of conduct and the controlled facility that are to be the subject of the
declaration, and the text of any statements permitted under subregulation
37 (2).
38 Prescribed
dealings (source licence)
(1) For paragraph 31 (1) (b) of the Act, a
dealing that is described in Part 1 of Schedule 2 is an exempt dealing.
(3) However, the CEO may declare, in writing, on a case
by case basis, that a dealing described in Part 1 of Schedule 2 is a dealing
for which:
(a) the annual effective dose to an individual
during normal operations is likely to be greater than 10 micro.Sv; or
(b) an accident, misuse or exceptional
circumstance affecting the dealing is likely to produce a dose greater than the
effective dose limit worked out under regulation 59 or 60; or
(c) the annual collective effective dose to the
population committed by 1 year of the dealing is likely to be greater than 1
man.Sv.
Note A decision to refuse to make a
declaration is reviewable under regulation 66.
(4) A dealing mentioned in a declaration under
subregulation (3) is not exempt.
(5) Also, the CEO may declare, in writing, on a case by
case basis, that a dealing that is not described in Part 1 of Schedule 2 is a
dealing for which:
(a) the annual effective dose to an individual
during normal operations is likely to be not more than 10 micro.Sv; or
(b) an accident, misuse or exceptional
circumstance affecting the dealing is not likely to produce a dose greater than
the effective dose limit worked out under regulation 59 or 60; or
(c) the annual collective effective dose to the
population committed by 1 year of the dealing is likely to be not more than 1
man.Sv.
Note A decision to refuse to make a
declaration is reviewable under regulation 66.
(6) Also, the CEO may declare, in writing, on a case by
case basis, that:
(a) a dealing that is not described in Part 1 of
Schedule 2 is a dealing involving:
(i) a radiological emergency or its
after effects; or
(ii) the after effects of a previous
dealing; or
(iii) naturally occurring materials; or
(iv) bulk material with a mass of more
than 1,000 kg; and
(b) an assessment of the magnitude of individual
doses, the number of people exposed, and the likelihood that potential exposure
will actually occur, justify the dealing being exempt.
Note A decision to refuse to make a
declaration is reviewable under regulation 66.
(7) A dealing is exempt if it is mentioned in a declaration
for subregulation (5) or (6).
(8) The CEO must publish a declaration under
subregulation (3), (5) or (6) in the Gazette as soon as practicable
after making it.
Division 2 Applications for licences
39 Application
form
(1) Under paragraph 34 (a) of the Act, an
application for a facility licence, or a source licence, must be in a form
approved by the CEO.
(2) The CEO may ask an applicant for a facility licence
to give:
(a) some or all of the information and documents
mentioned in Part 1 of Schedule 3; and
(b) other information about the application if it
is appropriate.
(3) The CEO may ask an applicant for a source licence to
give:
(a) some or all of the information and documents
mentioned in Part 2 of Schedule 3; and
(b) other information about the application if it
is appropriate.
(4) An application made for a Department or Commonwealth body must be made:
(a) in the name of the Department or body; and
(b) by:
(i) the Secretary, chief executive, or
an equivalent person for the Department or body; or
(ii) another person authorised by the
Secretary, chief executive or equivalent person.
40 Issue
of facility licence — prior notice and consultation
(1) This regulation applies if the CEO receives an
application for a facility licence.
(2) As soon as practicable after receiving the
application, the CEO must publish a notice in a daily newspaper circulating
nationally, and in the Gazette, stating that the CEO intends to make a
decision on the application.
(3) If the application
relates to a nuclear installation, the CEO must also include in the notice:
(a) an invitation
to people and bodies to make submissions about the application; and
(b) a period for making submissions; and
(c) procedures for making submissions.
Division 2A Licence application fees
40A Purpose
of Division 2A
For paragraph 34 (b) of the Act, this
Division prescribes:
(a) the fee that must accompany an application
for a facility licence; and
(b) the fee that must accompany an application
for a source licence.
40B Facility
licences — nuclear installations
(1) This regulation applies to an application for a
facility licence that authorises persons to do a thing mentioned in column 2 of
an item in Schedule 3A in relation to a controlled facility that is a nuclear
installation.
(2) The application fee for the licence is the fee
mentioned in column 3 of the item.
40C Facility
licences — prescribed radiation facilities
(1) This regulation applies to an application for a
facility licence that authorises persons to do a thing mentioned in paragraph
30 (1) (a), (b), (c), (d) or (e) of the Act in relation to a
controlled facility that is a prescribed radiation facility of a kind mentioned
in column 2 of an item in Part 1 of Schedule 3B.
(2) The application fee for the licence is:
(a) subject to paragraph (b), the fee mentioned
in column 3 of the relevant item in Part 1 of Schedule 3B; or
(b) if the thing authorised to be done by the
licence is mentioned in column 2 of an item in Part 2 of
Schedule 3B — the fee mentioned in column 3 of that item.
(3) If the application is for a licence that authorises
persons to do 2 or more of the things mentioned in paragraphs
30 (1) (a), (b), (c), (d) and (e) of the Act in relation to the
controlled facility, the application fee for the licence is the sum of the
application fees for each thing authorised to be done by the licence.
40D Source licences
(1) This regulation applies to an application for a
source licence that authorises persons to deal with a controlled apparatus or a
controlled material of a kind mentioned in column 2 of an item in Group 1, 2 or
3 of Part 1 of Schedule 3C.
(2) The application fee is:
(a) for an application for a licence to deal
with controlled apparatus or controlled materials in the same location:
(i) if the controlled apparatus or
controlled materials are from the same Group — the fee mentioned in column
3 of the provision in Part 2 of Schedule 3C that relates to the number of
controlled apparatus or controlled materials from that Group; and
(ii) if the controlled apparatus or
controlled materials are from 2 or more Groups — the sum of the fees
mentioned in column 3 of the provisions in Part 2 of Schedule 3C that relate to
the number of controlled apparatus or controlled materials from each of those
Groups; and
(b) for an application for a licence to deal with
controlled apparatus or controlled materials in 2 or more locations — the
sum of the fees mentioned in column 3 of the provisions in Part 2 of Schedule
3C that relate to the number of controlled apparatus or controlled materials
from each Group that are to be dealt with in each location.
(3) A controlled apparatus or controlled material (the first
controlled apparatus or controlled material) is in the same
location as another controlled apparatus or controlled material (the other
controlled apparatus or controlled material) if the first controlled
apparatus or controlled material is in an area within a radius of
5 kilometres of the other controlled apparatus or controlled material.
Division 3 Deciding whether to issue licence
41 Issue
of facility licence — matters to be taken into account by CEO
(1) The CEO may issue a facility licence to a controlled
person.
(2) In deciding whether to issue the licence, the CEO
must take into account the matters (if any) specified in the regulations.
(3) The matters are:
(a) whether the application includes the
information asked for by the CEO; and
(b) whether the information establishes that the
proposed conduct can be carried out without undue risk to the health and safety
of people, and to the environment; and
(c) whether the applicant has shown that there
is a net benefit from carrying out the conduct relating to the controlled
facility; and
(d) whether the applicant has shown that the
magnitude of individual doses, the number of people exposed, and the likelihood
that exposure will happen, are as low as reasonably achievable, having regard
to economic and social factors; and
(e) whether the applicant has shown a capacity
for complying with these regulations and the licence conditions that would be
imposed under section 35 of the Act; and
(f) whether the
application has been signed by an office holder of the applicant, or a person
authorised by an office holder of the applicant; and
(g) if the application
is for a facility licence for a nuclear installation — the content of any
submissions made by members of the public about the application.
42 Issue of source licence — matters to
be taken into account by CEO
(1) The CEO may issue a source licence to a controlled
person.
(2) In deciding whether to issue the licence, the CEO
must take into account the matters (if any) specified in the regulations.
(3) The matters are:
(a) whether the application includes the
information asked for by the CEO; and
(b) whether the information establishes that the
controlled apparatus or material can be dealt with without undue risk to the
health and safety of people, and to the environment; and
(c) whether the applicant has shown that there
is a net benefit from dealing with the controlled apparatus or material; and
(d) whether the applicant has shown that the
magnitude of individual doses, the number of people exposed, and the likelihood
that exposure will happen, are as low as reasonably achievable, having regard
to economic and social factors; and
(e) whether the applicant has shown a capacity
for complying with these regulations and the licence conditions that would be
imposed under section 35 of the Act; and
(f) whether the
application has been signed by an office holder of the applicant, or a person
authorised by an office holder of the applicant.
Division 4 Licence conditions
43 Purpose
of Division
(1) Under paragraph 35 (1) (b) of the Act, a
facility or source licence is subject to the conditions prescribed by the
regulations.
(2) This Division prescribes the conditions.
44 Holder
of a licence must prevent breaches of conditions
The holder of a licence must take all reasonably
practicable steps to prevent breaches of licence conditions.
45 Holder
of a licence must investigate and rectify breaches of conditions
(1) The holder of a licence must investigate suspected
breaches of licence conditions.
(2) If the holder of a licence identifies a breach, the
holder of a licence must rectify the breach and any consequences of the breach
as soon as reasonably practicable.
(3) If the holder of a licence identifies a breach, the
holder of a licence must also tell the CEO as soon as reasonably practicable.
46 Holder of a licence to prevent, control
and minimise accidents
(1) The holder of a licence must take all reasonably
practicable steps to prevent accidents involving controlled materials,
controlled apparatus or controlled facilities described in the licence.
(2) If an accident mentioned in subregulation (1)
happens, the holder of a licence must:
(a) take all reasonably practicable steps to
control the accident; and
(b) take all reasonably practicable steps to
minimise the consequences of the accident, including injury to any person and
damage or harm to the environment; and
(c) tell the CEO about the accident within 24
hours of it happening; and
(d) give the CEO a written report about the
accident within 14 days of it happening.
48 Compliance
with Recommendations and Codes of Practice
(1) This regulation does not apply to conduct and
dealings with controlled apparatus of a kind mentioned in regulation 4.
Note Regulation 4 describes kinds of
apparatus that are controlled apparatus.
(2) The holder of a source licence or a facility licence
must ensure that all conduct and dealings with controlled materials, controlled
apparatus and controlled facilities are in accordance with:
(a) the Code of Practice for the Security of
Radioactive Sources (2007) (Radiation Protection Series No. 11); and
(b) the Recommendations for Limiting Exposure
to Ionizing Radiation; and
(c) the National Standard for Limiting
Occupational Exposure to Ionizing Radiation; and
(d) the Code of Practice for the Safe
Transport of Radioactive Material (2008) (Radiation Protection Series No. 2).
(3) The holder of a source licence or a facility licence
must also ensure that dealings with the disposal of controlled material and
controlled apparatus are in accordance with the following Codes of Practice:
(a) the Code of Practice for the Disposal of
Radioactive Waste by the User;
(b) the Code of Practice for the Near‑Surface
Disposal of Radioactive Waste in Australia;
(c) the Code of Practice for the Safe
Transport of Radioactive Material (2008) (Radiation Protection Series No. 2);
(d) the Code of Practice for the Security of
Radioactive Sources (2007) (Radiation Protection Series No. 11).
49 Compliance
with plans for managing safety
The holder of a licence must ensure that all
dealings with controlled materials and controlled apparatus, and all activities
related to controlled facilities, comply with the plans and arrangements for
managing safety of the source or facility, mentioned in the licence
application.
50 Holder
of a licence must review and update plans and arrangements
(1) The holder of a licence must, at least once every 12
months, review and update any plans and arrangements for managing
the controlled facility, controlled material or controlled apparatus to ensure
the health and safety of people and protection of the environment.
(2) The holder of a licence must, after conducting a
review mentioned in subregulation (1), give the CEO information about the
review.
51 CEO
approval for relevant changes
The holder of a licence must seek the CEO’s prior
approval to make a relevant change that will have significant implications for
safety.
52 Holder of a licence must tell CEO about
other changes
(1) The holder of a licence may make a relevant change
that is unlikely to have significant implications for safety without the CEO’s
approval.
(2) However, the holder of a licence must, at least once
every 3 months, tell the CEO about any changes mentioned in
subregulation (1).
(3) However, subregulation (2) does not apply to the
extent that the licence makes other arrangements for a matter mentioned in the subregulations.
53 Holder
of a licence must tell CEO about movement of controlled apparatus, controlled
materials and controlled facilities
(1) The holder of a licence must only dispose of
controlled apparatus or controlled materials with the approval of the CEO.
(2) If the holder of a licence transfers controlled
apparatus or controlled materials to the possession of another person or body,
the holder of the licence must, within 7 days of the transfer, tell the CEO:
(a) that the transfer has happened; and
(b) the name of the other person or body; and
(c) the number of the licence held by the other
person or body; and
(d) the location of the controlled apparatus or
controlled materials after the transfer.
(3) The holder of a licence must not dispose of, or
transfer to the possession of another person or body, a controlled facility
without the CEO’s approval.
(4) However, subregulations (1), (2) and (3) do not
apply to the extent that the licence makes other arrangements for a matter
mentioned in the subregulations.
54 Approval
required to construct safety item
The holder of a licence, or a person covered by a
licence, must not construct an item that is important for safety, and that is
identified in a safety analysis report, as part of the construction of a
controlled facility, unless the CEO has given the holder, or the person,
approval to construct the item.
55 Approval
required to load nuclear fuel
The holder of a licence, or a person covered by a
licence, must not load nuclear fuel into a controlled facility, as part of the
construction of the facility, unless the CEO has given the holder, or the
person, approval to load the fuel.
Division 5 Licence annual charges
55A Time
for payment of annual charge
The annual charge for a facility licence or a
source licence must be paid:
(a) for a licence held during the financial year
ending on 30 June 2000 — on or before 30 days after the commencement
of this regulation; and
(b) for a licence held during the financial year
ending on 30 June 2001 — on or before the later of:
(i) 30 days after the commencement of
this regulation; and
(ii) 30 days after the date when the
licence was issued; and
(c) for a licence held during a later financial
year — on or before the later of:
(i) 31 July in that financial year;
and
(ii) 30 days after the date when the
licence was issued.
55B Pro‑rating
of annual charge
(1) If a facility licence or source licence is not held
during the whole of a financial year, the CEO may decide to pro‑rate the amount
of the annual charge for the licence for the year.
(2) If the CEO decides to pro‑rate the amount of the
annual charge, the amount must be pro‑rated in accordance with regulation 55D.
(3) This regulation applies to:
(a) an annual charge, unpaid in part, or in
full, at the commencement of this regulation, for a financial year that
commenced before the commencement of this regulation; and
(b) an annual charge for each financial year that
commences after the commencement of this regulation.
55C Refund
of annual charge
(1) This regulation applies in relation to the annual
charge for a facility licence or a source licence for a financial year if:
(a) the whole, or part, of the annual charge for
the licence for the year has been paid; and
(b) the licence is suspended, cancelled or
surrendered before the end of the year.
(2) The CEO may decide to refund to the holder of the
licence part of the amount of the annual charge that has been paid for the
licence for the year.
(3) If the CEO decides to refund part of the amount of
the annual charge, the amount of the refund must be calculated in accordance
with regulation 55D.
55D Method
for pro‑rating annual charge or calculating amount of refund
(1) This regulation sets out:
(a) for regulation 55B, the method for pro‑rating
the amount of annual charge for a facility licence or a source licence for a
financial year; and
(b) for regulation 55C, the method for
calculating the amount of annual charge for a facility licence or a source
licence for a financial year that may be refunded to the holder of the licence.
(2) The method is:
where:
AC is the amount of the annual charge for the
licence for the year.
M is the number of months of the year during
which the licence is held.
Note The amount of the annual charge for
a facility licence or a source licence for a year is prescribed in the Australian
Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000.
(3) For subregulation (2), a licence that is held for
part of a month only is taken to be held for the whole of that month.
Part 5 Practices to be followed
Division 5.1 General
56 Application
of Part 5
This Part applies only to the extent that:
(a) a holder of a licence, or a person covered
by a licence, can comply with the licence without taking action that would
constitute unlawful discrimination under the Sex Discrimination
Act 1984; or
(b) a holder of a licence, or a person covered by
a licence, who cannot comply with the licence without taking action that would
constitute unlawful discrimination under the Sex Discrimination Act 1984
is exempted, under section 44 of that Act, from its operation.
Division 5.2 Dose limits
57 Purpose
of Division 5.2
For paragraph 85 (2) (a) of the Act, this
Division prescribes practices and procedures to be followed, and measures to be
taken, in relation to dose limits by controlled persons in relation to
activities relating to controlled facilities, and in relation to dealings with
controlled apparatus or controlled material.
58 Prescribed
practice
(1) The practices mentioned in this regulation are
prescribed for:
(a) a facility at which controlled material is
present; and
(b) dealings with controlled apparatus and
controlled material.
(2) The holder of a facility licence for operating the
controlled facility must ensure that the doses to which a person is exposed,
inside or outside the facility, while the material is under the holder’s
control, do not exceed the effective dose limits mentioned in regulation 59,
and the equivalent dose limits mentioned in regulation 62.
(3) The holder of a source licence for dealing with
controlled apparatus or controlled material must ensure that the doses to which
a person is exposed while the source in the apparatus or material
is under the holder’s control do not exceed the effective dose limits mentioned
in regulation 59, and the equivalent dose limits mentioned in regulation 62.
(4) For each controlled material, controlled apparatus
(excluding apparatus prescribed by these regulations that produce harmful non‑ionizing
radiation when energised) and controlled facility, the holder of a licence must
ensure that radiation protection and safety are optimised so that the following
are as low as reasonably achievable after taking into account economic and
social factors:
(a) the magnitude of individual doses;
(b) the number of people who are exposed;
(c) the likelihood of incurring exposures to
radiation.
(5) The optimisation of radiation protection and safety
mentioned in subregulation (4) must be in accordance with source‑related dose
constraints established in accordance with the Recommendations for Limiting
Exposure to Ionizing Radiation and National Standard for Limiting
Occupational Exposure to Ionizing Radiation and agreed by the CEO.
(6) For apparatus prescribed by these regulations that
produce harmful non‑ionising radiation when energised, the holder of a licence
must ensure that exposure to people is kept to the lowest level that can be
achieved, consistent with best practice.
59 Effective
dose limits
(1) The effective dose limit for occupational exposure
is 20 mSv annually, averaged over 5 consecutive calendar years.
(2) However, the effective dose for a person subject to
occupational exposure must not, in a year, be greater than 50 mSv.
(3) The effective dose limit for public exposure is 1
mSv annually.
(4) The effective dose
limit for an unborn child is to be consistent with the effective dose limit for
public exposure.
Note For the obligation imposed on female
employees who are pregnant, see the National Standard for Limiting
Occupational Exposure to Ionizing Radiation.
60 Effective
doses
(1) For regulation 59, a person’s effective dose for a
relevant period is the sum of:
(a) the effective dose that the person receives,
from external exposure, during the relevant period; and
(b) the person’s committed effective dose,
received from intakes during the relevant period, for the next 50 years.
(2) However, if the person is under 18, the committed
effective dose must be worked out on the basis of the number of years
calculated by subtracting the person’s age, at the time of the calculation,
from 70.
61 Dealings
with controlled apparatus generating non‑ionizing radiation
The holder of a source licence must ensure that all
dealings with controlled apparatus generating non‑ionizing radiation comply
with the appropriate exposure limits set out in the standards and codes
mentioned in Schedule 1.
62 Annual equivalent dose limit
(1) The annual equivalent dose limit to the lens of the
eye is:
(a) for occupational exposure — 150 mSv;
and
(b) for public exposure — 15 mSv.
(2) For occupational exposure, the annual equivalent
dose limit to the hands and feet is 500 mSv.
(3) The annual equivalent dose limit to the skin is:
(a) for occupational exposure — 500 mSv;
and
(b) for public exposure — 50 mSv.
(4) The annual equivalent dose limit to the skin applies
to the average dose received by any 1 cm2 of skin.
Division 5.3 Codes of practice
62A Codes
of practice to be followed
(1) For paragraph 85 (2) (a) of the Act, the
practices and procedures described in the codes of practice mentioned in
subregulation (2) must, to the extent that they are relevant, be followed by
controlled persons in relation to activities relating to controlled facilities,
and in relation to dealings with controlled apparatus or controlled material.
(2) For subregulation (1), the codes of practice are as
follows:
(a) the Code of Practice for the Security of
Radioactive Sources (2007) (Radiation Protection Series No. 11);
(b) the Code of Practice and Safety Guide for
Radiation Protection and Radioactive Waste Management in Mining and Mineral
Processing (2005) (Radiation Protection Series No. 9);
(c) the Code of Practice for the Safe
Transport of Radioactive Material (2008) (Radiation Protection Series No. 2).
Part 6 Reporting and inspection for controlled facilities,
apparatus and materials
63 Reporting
guidelines to be published by CEO
(1) For paragraph 15 (1) (i) of the Act, the
CEO must make guidelines about:
(a) how the CEO will report on the operations of
the Agency; and
(b) how licence holders will report their
compliance with the Act, these regulations and licence conditions; and
(c) how inspection of controlled facilities,
controlled apparatus and controlled materials will be conducted.
(2) The CEO must publish a draft of the guidelines, and
invite public comments on the draft, within 12 months of the commencement of
these regulations.
Note These regulations commence on
gazettal: see regulation 2.
64 Inspector’s
identity card
(1) Under subsection 62 (1) of the Act, the CEO may
appoint certain people as inspectors.
(2) Under subsection 62 (3) of the Act, the CEO
must issue an identity card to an inspector, in the form prescribed by the
regulations.
(3) The identity card must be in the form set out in
Schedule 4.
Part 7 Miscellaneous
65 International
agreements
For paragraph 84 (3) (b) of the Act, each
international agreement mentioned in Schedule 5 is prescribed.
65A Non‑applicable
State and Territory laws
For section 83 of the Act, each State or Territory
law, or provision of each State or Territory law, mentioned in Schedule 6 is
prescribed.
66 Review
of decisions by CEO
(1) A controlled person who is affected by a decision of
the CEO to refuse to make a declaration under subregulation 4 (3),
6 (3), 37 (1), 38 (3), 38 (5) or 38 (6) may
request that the Minister reconsider the CEO’s decision.
(2) The request must be:
(a) in writing; and
(b) given to the Minister within 90 days after
the making of the decision.
(3) The Minister must reconsider the CEO’s decision and
confirm, vary or set aside the decision.
Note Under section 27A of the Administrative
Appeals Tribunal Act 1975, the Minister must give, to any person whose
interests are affected by the decision, notice, in writing or otherwise, of the
making of the decision
and of the person’s right to have the decision reviewed. In giving
that notice, the Minister must have regard to the Code of Practice determined
under section 27B of that Act (Gazette No. S 432, 7 December
1994) and available at http://www.comlaw.gov.au (registration number
F2006B11660).
(4) The Minister is taken to have confirmed the CEO’s
decision under subregulation (3) if the Minister does not give written notice
of the Minister’s decision under that subregulation within 60 days after the
request is received.
(5) Application may be made to the Administrative
Appeals Tribunal for review of a decision of the Minister under subregulation
(3) to confirm, vary or set aside the CEO’s decision.