Nuclear Energy (An Bord Fuinnimh Nuicleigh) Act, 1971

Control of fissile fuel or other radioactive substances or devices and irradiating apparatus.

6.—(1) The Minister may, after consultation with the Ministers for Finance, Industry and Commerce, Agriculture and Fisheries, Labour, Health, Education and Foreign Affairs, by order regulate, restrict or prohibit (save under licence issued by him or by the Board as his agent) the custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of fissile fuel, or of such other radioactive substances or devices, or irradiating apparatus, including radioactive waste products, as may be specified in the order, and any such order shall have regard to varying levels of radioactivity and to the extent to which such substance, device or apparatus is, in his opinion, a danger to the life or health of a person coming into contact therewith.

(2) An order under this section may contain provisions empowering an officer or servant of the Minister authorised in writing by the Minister or an officer or servant of the Board authorised in writing by the Board to enter upon premises and to carry out such inspection as may be reasonably necessary to ascertain if an order under this section is being complied with, and any person who refuses to permit such entry or inspection or who obstructs such inspection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(3) A licence issued under this section may be subject to such conditions as the Minister (or, in the case of a licence issued by the Board, the Board) may attach to it, including a condition that the licence may be revoked if the Minister (or the Board) is of the opinion that any such condition has not been observed.

(4) Any person who contravenes a provision of an order under this section shall be guilty of an offence and be liable—

(a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both,

(b) on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding five years, or to both, and

(c) in every case on conviction for the offence, to the forfeiture of the substance in respect of which the offence was committed.

(5) The Minister may by order amend or revoke an order under this section.