PART IX
IONISING RADIATION

71.    In this Part, unless the context otherwise requires-

Interpretation

"emergency" means a sudden situation associated with an incident arising from the exposure of the public or the environment to the harmful effects of ionising radiation;

"environment" means the total terrestrial, atmospheric and aquatic environs but does not include the area within the boundaries of prescribed installations handling radioactive material or radiation sources;

"facility" means an assembly of devices, equipment, structures or natural features whether simple or complex which serves some specific purpose or performs some specific functions.

"ionising radiation" means any electro-magnetic or particle radiation capable of producing ions, directly or indirectly, in its passage through matter;

"monitoring" means the measurement of radiation or radioactivity for the assessment or control of exposure to radiation or radioactive material;

"natural background levels" means radiation levels due to cosmic rays and natural radioactivity;

"nuclide" means a species of atom characterised by the constitution of its nucleus;

"radioactive material" means any material having a specific activity greater than seventy becquerel per gram;

"radioactive contamination" means the deposition of radioactive material in any place where it is not desired, particularly where its presence may be harmful and the harm may be vitiating an experiment or procedure, or where it actually may be a source of danger to the public;

"radio nuclide" means any radioactive nuclide.

72.    Without prejudice to the Ionising Radiation Act the Council shall-

(a)        establish standards for the proper regulation of radioactive contamination;

(b)        inspect and examine any area, place or premises, or any vehicle, vessel, boat, aircraft or any carriage of any description in or upon which the Inspectorate has reasonable cause to believe that radioactive material or any source of ionising radiation is stored, used, transported or disposed of;

(c)        examine any person with respect to matters under this Part, where there is reasonable cause to believe that that person is contaminated with radioactive material or is unlawfully in possession of an ionising radiation source;

(d)        provide information, warn and protect the public, in case of actual or potential public exposure to radioactive material or ionising radiation in the environment;

(e)        liaise with the Radiation Protection Board established by section five of the Ionising Radiation Act or any other organisation dealing with radioactive material;

(f)         conduct an ionising radiation monitoring programme and advice on ionising radiation control and protection measures;

(g)        maintain records of releases of radioactive contaminants into the environment and keep records of natural background levels of radiation in the environment;

(h)        request any outside authority to offer assistance required to help carry out the duties of the Inspectorate; and

(i)         do all such things as appear to be necessary for the monitoring and control of pollution from radiation.

Responsibilities of Council.
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73.    An inspector at any reasonable time may-

(a)        enter, inspect and examine any place, area, premises, or any vehicle, vessel, boat, aircraft or any carriage of any description in or on which he has reasonable grounds to believe that radioactive material or any source of ionising radiation is stored, used, transported or disposed of but no entry shall be made into a private dwelling house except under the authority of a court warrant;

Powers of inspectors relating to ionising radiation

(b)        order presentation of-

(i)         a licence authorising the possession or use of radioactive material or sources of dangerous ionising radiation;

(ii)        a licence authorising the mining and processing of radioactive ores; or

(iii)       a register, certificate, notice or document kept under the Ionising Radiation Act;

(c)        make enquiries from any person with respect to matters under this Part where there is reasonable cause to believe that such person is contaminated with radioactive material or is unlawfully in possession of an ionising radiation source; and

(d)        exercise such other powers as are necessary for the carrying out of this Part.

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74.  (1)  A person who imports, processes, mines, exports, possesses, transports, uses or disposes of radioactive material or other source of dangerous ionising radiation without a licence issued under the Ionising Radiation Act, shall be guilty of an offence and liable upon conviction to a fine not exceeding seventy five thousand penalty units or to imprisonment for a period not exceeding seven years or to both.

Offences relating to ionising radiation
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(2)  In addition to the penalties provided in subsection (1), the radioactive material or other source of dangerous ionising radiation shall be liable on the order of a court, to seizure, impoundment, sealing, seizure of operation, destruction or disposal in such manner as the court may consider necessary to protect the public and the environment and may only be returned to the original owner on the order of the court and under the conditions set out in a licence issued by the Ionising Radiation Protection Board established by section five of the Ionising Radiation Act.

(As amended by Act No. 13 of 1994)

Cap. 311