Radiation Control Regulations 1994

Radiation Control Regulations 1994

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Radiation Control Act 1977 .

P. H. BENNETT

Governor

By His Excellency's Command,

F. ROGER GROOM

Minister for Community and Health Services

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Radiation Control Regulations 1994 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Radiation Control Act 1977 ;

approved disposal site means a site approved by the Minister under regulation 17 for the disposal of radioactive materials;

approved storage accommodation means accommodation approved by the Minister under regulation 7 for the storage of radioactive materials and electronic products;

becquerel means a unit of activity of a quantity of a radionuclide expressed in reciprocal seconds;

[Regulation 3 Amended by S.R. 2002, No. 105, Applied:18 Sep 2002] carrier means any person, organisation or government undertaking the carriage of radioactive material by any means of transport, as either carrier for hire or reward or carrier on own account;

[Regulation 3 Amended by S.R. 2002, No. 105, Applied:18 Sep 2002] Code of Practice means the Code of Practice for the Safe Transport of Radioactive Material (2001) published by the Australian Radiation Protection and Nuclear Safety Agency;

[Regulation 3 Amended by S.R. 2002, No. 105, Applied:18 Sep 2002] consignor means any person, organisation or government which prepares a consignment for transport, and is named as consignor in the transport documents;

Director means the Director of Public Health;

dispose includes –

(a) return to supplier or manufacturer; or

(b) bury; or

(c) incinerate; or

(d) release into the atmosphere; or

(e) release into a sewer; or

(f) destroy or dismantle; or

(g) make ineffective or incapable of emitting radiation;

Disposal Code means the Code of Practice for the Disposal of Radioactive Wastes by User (1985) published by the NHMRC;

gray means the unit of absorbed dose corresponding to the absorption of one joule of energy in one kilogram of matter;

[Regulation 3 Amended by S.R. 1999, No. 171, Applied:22 Dec 1999] [Regulation 3 Amended by S.R. 2002, No. 105, Applied:18 Sep 2002]

[Regulation 3 Amended by S.R. 2002, No. 105, Applied:18 Sep 2002] International Regulations means the Regulations for the Safe Transport of Radioactive Material (1996 edition) published by the International Atomic Energy Agency in 2000 and incorporated in the Code of Practice;

microgray means one millionth of a gray;

microsievert means one millionth of a sievert;

NHMRC means the National Health and Medical Research Council;

[Regulation 3 Amended by S.R. 1999, No. 171, Applied:22 Dec 1999]

[Regulation 3 Amended by S.R. 1999, No. 171, Applied:22 Dec 1999] Relevant Document means Publication 68 of the International Commission on Radiological Protection (Annals of the ICRP Volume 24 No. 4 1994) entitled "Dose Coefficients for Intakes of Radionuclides by Workers" or its replacement publication;

sievert means the unit of equivalent dose and effective dose corresponding to the absorption of one joule of energy in one kilogram of biological matter and measured by taking into account the radiation and other modifying factors;

specific activity means the activity of a radionuclide for each unit mass of the element;

waste material means any radioactive material or electronic product which –

(a) is subject to the provisions of the Act; and

(b) is no longer required by the user of that material or product.

4.   Non-application of regulations

These regulations do not apply to –

(a) a source of ionizing radiation in the form of radioactive material which has activity less than 1/2 000 of the most restrictive annual limit on intake for that radionuclide in that chemical form as listed in the Relevant Document; or

(b) [Regulation 4 Amended by S.R. 1999, No. 171, Applied:22 Dec 1999] a natural radioactive substance of an equivalent specific activity of 31 or less than 31 becquerel for each gram.

PART 2 - Storage, transport and disposal

5.   Storage

(1)  A person must not store radioactive material or an electronic product except in approved storage accommodation.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not store radioactive waste material of the type covered by the Disposal Code except in accordance with the Disposal Code.

Penalty:  Fine not exceeding 50 penalty units.

6.   Application for approval of storage accommodation

(1)  A person may apply to the Minister for approval of storage accommodation.

(2)  An application is to –

(a) be in writing; and

(b) contain the information set out in regulation 7 ; and

(c) be lodged with the Minister; and

(d) be accompanied by the fee specified in Schedule 1 .

(3)  The Minister may –

(a) grant the approval with or without conditions; or

(b) refuse to grant the approval.

7.   Approval of storage accommodation

(1)  Before approving storage accommodation for the storage of radioactive material, the Minister must be satisfied that the storage accommodation –

(a) is firmly constructed of durable materials; and

(b) is able to resist fire and unauthorized entry; and

(c) is kept locked, except if the radioactive material is being put into storage or removed from storage; and

(d) has a clear sign on the outside of the accommodation incorporating the word "caution" and a symbol warning of the radiation hazard contained in the accommodation; and

(e) has sufficient shielding to protect persons from radiation exposure; and

(f) is not situated near to –

(i) explosives; or

(ii) combustible or corrosive materials; or

(iii) photographic or x-ray film; or

(iv) areas of flooding; or

(v) other natural or man-made hazards.

(2)  Before approving storage accommodation for the storage of an electronic product, the Minister must be satisfied that the storage accommodation –

(a) has a clear sign on the outside of the accommodation incorporating the word "caution" and a symbol warning of the radiation hazard contained in the accommodation; and

(b) has sufficient shielding to protect persons from radiation exposure.

8.   Radiation exposure rate

(1)  A person must ensure that the radiation exposure rate to any member of the public from the storage of radioactive material does not exceed –

(a) 2.5 microsieverts in an hour; and

(b) 1 000 microsieverts each year.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must ensure that the radiation exposure rate from the storage of radioactive material in any occupationally accessible region outside the storage accommodation does not exceed 25 microsieverts in an hour.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must ensure that the radiation exposure rate to any member of the public from the use of an electronic product does not exceed 20 microsieverts in any 4 week period.

Penalty:  Fine not exceeding 50 penalty units.

PART 3 - Transport

8A.   Competent authority

[Regulation 8A Amended by S.R. 2002, No. 105, Applied:18 Sep 2002] [Regulation 8A Inserted by S.R. 1999, No. 171, Applied:22 Dec 1999] The Director of Public Health is designated as the competent authority for the purpose of the International Regulations as adopted by the Code of Practice.

9.   Consignor's responsibilities

[Regulation 9 Substituted by S.R. 2002, No. 105, Applied:18 Sep 2002] A consignor must comply with section 2 clause 2.8 of the Code of Practice in relation to the consignment of radioactive material as defined in the Code of Practice.

Penalty:  Fine not exceeding 50 penalty units.

10.   Carrier's responsibilities

[Regulation 10 Substituted by S.R. 2002, No. 105, Applied:18 Sep 2002] A carrier must comply with section 2 clause 2.9 of the Code of Practice in relation to the conveyance of radioactive material as defined in the Code of Practice.

Penalty:  Fine not exceeding 50 penalty units.

11.   Transporter's responsibilities

[Regulation 11 Substituted by S.R. 2002, No. 105, Applied:18 Sep 2002] A person, other than a consignor or carrier, who transports radioactive material must comply with section 2 clause 2.8 and clause 2.9 of the Code of Practice in relation to the consignment and conveyance of radioactive material as defined in the Code of Practice.

Penalty:  Fine not exceeding 50 penalty units.

12.   Training

[Regulation 12 Amended by S.R. 2002, No. 105, Applied:18 Sep 2002] Before a person becomes involved in the transport of radioactive material on behalf of a carrier or consignor, the carrier or consignor must ensure that the person receives adequate training about –

(a) the radiation hazards involved in the transport of radioactive material; and

(b) the precautions and work practices to be observed in the course of that transport.

Penalty:  Fine not exceeding 50 penalty units.

13.   Security of load

A carrier, or a person other than a carrier, who transports radioactive material must ensure that all packages of radioactive material transported in a freight container or vehicle are stowed and secured so that each package –

(a) remains in position during transport; and

(b) is kept away from heavy articles or goods likely to cause damage to it; and

(c) if transported on a vehicle, does not project beyond the periphery of the vehicle.

Penalty:  Fine not exceeding 50 penalty units.

14.   Damage during transport

(1)  If damage occurs to a package of radioactive material in the course of transport by a carrier, the carrier or a person authorized by the carrier must –

(a) immediately notify the consignor of the material and the Department of any damage or suspected damage; and

(b) advise the consignor and the Department of –

(i) the location of the package; and

(ii) the location of any vehicle involved; and

(iii) the circumstances in which any damage was caused; and

(c) prevent access to the package by any person other than –

(i) the consignor; or

(ii) an authorized officer; or

(iii) an emergency service worker.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If damage occurs to a package of radioactive material in the course of transport by a person other than a carrier, that person or a person authorized by that person must –

(a) immediately notify the Department of any damage or suspected damage; and

(b) advise the Department of –

(i) the location of the package; and

(ii) the location of any vehicle involved; and

(iii) the circumstances in which any damage was caused; and

(c) prevent access to the package by any person other than –

(i) an authorized officer; or

(ii) an emergency service worker.

Penalty:  Fine not exceeding 20 penalty units.

PART 4 - Disposal

15.   Disposal

(1)  A person must not dispose of any radioactive material or any electronic product in –

(a) a natural or artificial waterway other than a sewer for radioactive material; or

(b) an inland body of water; or

(c) the sea.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not dispose of any radioactive material except –

(a) if the material is covered by the Disposal Code –

(i) in accordance with the Disposal Code; and

(ii) at an approved disposal site or by release to a sewer in accordance with regulation 18 ; or

(b) if the material is not covered by the Disposal Code, in accordance with a licence.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not dispose of any electronic product except –

(a) in accordance with a licence; or

(b) in a manner that renders the product incapable of operation and unable to be re-assembled so as to emit radiation.

Penalty:  Fine not exceeding 50 penalty units.

16.   Application for approval of disposal site

(1)  A person may apply to the Minister for approval of a disposal site.

(2)  An application is to be –

(a) in writing; and

(b) lodged with the Minister; and

(c) accompanied by the fee specified in Schedule 1 .

(3)  The Minister may –

(a) grant the approval with or without conditions; or

(b) refuse to grant the approval.

17.   Approval of disposal site

Before approving a disposal site, the Minister must be satisfied that approval has been obtained for use of the site for the disposal of radioactive material from –

(a) [Regulation 17 Amended by S.R. 1999, No. 171, Applied:22 Dec 1999] the responsible Department in relation to the Environmental Management and Pollution Control Act 1994 ; and

(b) the council of the municipal area in which the site is located.

18.   Release to sewer

(1)  A person must not release radioactive material into a sewer unless it is –

(a) an aqueous solution; or

(b) macerated biological matter.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person, before releasing radioactive material into a sewer, must obtain written approval from –

(a) the Department; and

(b) [Regulation 18 Subregulation (2) amended by S.R. 1999, No. 171, Applied:22 Dec 1999] the responsible Department in relation to the Sewers and Drains Act 1954 ; and

(c) the council responsible for the sewer.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not release radioactive material into a sink unless –

(a) that person ensures that the plumbing leads to a sewer and not to stormwater; and

(b) the radioactive material is –

(i) released through a slow drip system; and

(ii) well diluted by running water; and

(c) reasonable effort is made to prevent splashing.

Penalty:  Fine not exceeding 50 penalty units.

19.   Radiation activity rate

A person must ensure that the maximum radiation activity discharged into a sewer does not exceed 20 times the amount specified in the Relevant Document in any 7 day period.

Penalty:  Fine not exceeding 50 penalty units.

20.   Allowable concentration level

(1)  A person releasing radioactive material into a sewer must ensure that –

(a) the plumbing is in good condition; and

(b) low point ponding does not occur in the plumbing; and

(c) the concentration of radioactive material at the exit point of the premises at which radioactive material is released does not exceed 1/10 of the amount specified in the Relevant Document for each 730 litres of water.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person releasing radioactive material into a sewer must be able to prove, for any release, that the allowable concentration level is met at the exit point.

21.   Biological re-concentration

If a person releasing radioactive material into a sewer believes there is a possibility of biological re-concentration of diluted radiocompounds finally discharged from a sewer following disposal, that person must ensure the radioactive material is doped with sufficient stable compounds of the same type to remove that possibility.

PART 5 - Miscellaneous

22.   Exemptions

Any dealing with any of the following radioactive materials and electronic products is exempt from section 10 of the Act:

(a) a source of non-ionizing radiation other than –

(i) a class 3B or 4 Laser as classified in the Australian Standard 2211; or

(ii) a radio-frequency heater; or

(iii) a nuclear magnetic resonance unit;

(b) any electrical equipment which –

(i) is not primarily intended to produce ionizing radiation; and

(ii) produces an absorbed dose rate in air of 5 or less than 5 microgray in an hour at a distance of 50 millimetres from any point on the surface of that equipment;

(c) a television receiver or video display unit which produces a dose rate of equal to or less than that specified in section 6 of the Australian Standard 3250;

(d) a source of ionizing radiation in the form of an electronic product which produces an absorbed dose rate in air of 5 or less than 5 microgray in an hour at a distance of 50 millimetres from any point on the surface of that equipment;

(e) a source of ionizing radiation in the form of radioactive material which has activity less than 1/2 000 of the most restrictive annual limit on intake for that radionuclide in that chemical form as listed in the Relevant Document;

(f) an electronic product in transit;

(g) a pocket watch, wrist watch, marine compass, precision balance, electron tube or gas mantle;

(h) any self-luminous product or device containing a self-luminous element, except during the manufacture or repair of the self-luminous element;

(i) any gaseous tritium light device containing less than 74 thousand million becquerels when used for safety purposes;

(j) a smoke detector containing 37 or less than 37 kilobecquerel of americium-241 when in the possession of the user;

(k) a natural radioactive substance of an equivalent specific activity of 31 or less than 31 becquerel for each kilogram;

(l) a source of radiation used in a school which is –

(i) purchased from a licensed supplier; and

(ii) used in accordance with the NHMRC Code of Practice for the Safe Use of Ionizing Radiation in Schools (1986);

(m) a radioactive material administered to a person for diagnostic or therapeutic purposes if that material is administered in accordance with –

(i) the instructions of a medical practitioner with appropriate training in the administration of radioactive material to a person for diagnostic or therapeutic purposes; and

(ii) any NHMRC guidelines relating to the administration of radioactive material to a person for diagnostic or therapeutic purposes.

23.   Records

(1)  A person who disposes of any radioactive material or electronic product must keep a written record of the disposal for a period of 7 years after the making of the record or a longer period as specified in the licence.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person is to include in the record details of –

(a) the name and address of the supplier or manufacturer; and

(b) the material or product being disposed of; and

(c) any preparation for disposal; and

(d) the method of disposal; and

(e) the date of disposal; and

(f) the name and address of any other person involved in the disposal.

24.   Renewals

For the purposes of section 12(6) of the Act an application for the renewal of a licence is to be made within 28 days before the end of each year ending on 30 June.

25.   Fees

The fees specified in Schedule 1 are the fees prescribed for the purposes of the Act.

26.   Rescission

The regulations specified in Schedule 2 are rescinded.

SCHEDULE 1 - Fees

Regulations 6 , 16 and 25

SCHEDULE 2 - Regulations rescinded

Regulation 26

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 December 1994

These regulations are administered in the Department of Community and Health Services.