S.I. No. 190/2019 - Radiological Protection Act 1991 (Non-Ionising Radiation) Order 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th May, 2019.

I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me pursuant to Section 9 (1)(c) of the Radiological Protection Act 1991 (No. 9 of 1991), after consultation with the Minister for Public Expenditure and Reform and the Environmental Protection Agency, for the purpose of extending the functions of the Environmental Protection Agency to cover matters pertaining to non-ionising radiation, hereby order as follows:

Citation

1. This Order may be cited as the Radiological Protection Act 1991 (Non-Ionising Radiation) Order 2019.

Definitions

2. (1) In this Order: —

“Agency” means the Environmental Protection Agency established under Section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“medical exposure” means exposure incurred by patients or asymptomatic individuals as part of their own medical diagnosis or treatment, and intended to benefit their health as well exposure incurred by carers and comforters and by volunteers;

“local authority” has the meaning assigned to it by the Local Government Act 1941 ;

“members of the public” means individuals who may be subject to public exposure;

“Minister” means the Minister for Communications, Climate Action and Environment;

“non-ionising radiation” means radiation consisting of photons or particles which is incapable of producing ions either directly or indirectly;

“occupational exposure” means the exposure of workers, apprentices and students, incurred in the course of their work;

“Principal Act” means the Radiological Protection Act 1991 ;

“public exposure” means exposure of individuals, excluding occupational or medical exposure.

Scope

3. The scope of this Order covers matters pertaining to public exposure to non-ionising radiation in the electromagnetic spectrum between 0 Hz and 300 GHz.

Functions of the Agency

4. (1) The functions set out in section 8 of the Principal Act are extended to cover matters pertaining to non-ionising radiation to: -

(a) provide advice to the Minister on matters pertaining to public exposure to non-ionising radiation, including advice on regulations and standards regarding public exposure to non-ionising radiation;

(b) provide general information to other Ministers of Government, local authorities and members of the public on matters pertaining to public exposure to non-ionising radiation;

(c) monitor scientific, technological, economic and other developments, wheresoever taking place, on matters pertaining to public exposure to non-ionising radiation, and to keep the Government and the Minister informed of such developments with particular reference to the implications for the State of such developments;

(d) cooperate with the relevant authorities in other States with regard to matters pertaining to public exposure to non-ionising radiation;

(e) represent the State in such a manner and on such international bodies as may be directed by the Minister.

(2) The function set out in section 7(1)(b) of the Principal Act is extended to enable the Agency to monitor the public exposure to non-ionising radiation to enable the carrying out of its function in subparagraph (1)(a).

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GIVEN under my Official Seal of the Minister for Communications, Climate Action and Environment,

3 May 2019

RICHARD BRUTON

Minister for Communications, Climate Action and Environment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order extends certain functions assigned to the Environmental Protection Agency (EPA) under the Radiological Protection Acts 1991 to 2018 to cover matters pertaining to non-ionising radiation.