S.I. No. 166/1977 - Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977.

S.I. No. 166 of 1977.

NUCLEAR ENERGY (GENERAL CONTROL OF FISSILE FUELS, RADIOACTIVE SUBSTANCES AND IRRADIATING APPARATUS) ORDER, 1977.

I, TOM FITZPATRICK, Minister for Transport and Power, in exercise of the powers conferred on me by section 6 of the Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971 (No. 12 of 1971), and after consultation with the Ministers for Finance, Industry and Commerce, Agriculture, Fisheries, Labour, Health, Education and Foreign Affairs, hereby order as follows:

1. This Order may be cited as the Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977, and shall come into operation on the 1st day of July, 1977.

2. In this Order "the Board" means An Bord Fuinnimh Núicléigh.

3. This Order applies to the following—

( a ) fissile fuels,

( b ) radioactive substances,

( c ) radioactive devices,

( d ) irradiating apparatus, and

( e ) radioactive waste products.

4. (1) The custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of anything to which this Order applies is prohibited save under a licence issued by the Board as the agent of the Minister for Transport and Power.

(2) The Board may attach to any licence under this Order, either at the time of issue or thereafter, such conditions as it deems necessary.

5. Notwithstanding Article 3 of this Order, this Order does not apply to—

( a ) the use of any radioactive substance or device or any irradiating apparatus as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect,

( b ) ores, minerals, raw and treated (including residues and tailings), which contain less than 0.05 per cent by weight of uranium or thorium; natural uranium, unwrought or wrought (including alloys and compounds of natural uranium) having a uranium content less than 0.05 per cent by weight; and alloys containing less than 1.5 per cent of thorium by weight,

( c ) any product (except toys, foodstuffs, medicinal products, cosmetics or household products) containing a radioactive substance of which the total activity is less than—

(i) 0.1 microcuries for Group 1 radionuclides,

(ii) 1.0 microcuries for Group II radionuclides,

(iii) 10.0 microcuries for Group III radionuclides or

(iv) 100.0 microcuries for Group IV radionuclides,

regard being had in each case to the classification of radionuclides in the Schedule to this Order,

( d ) the use of navigation instruments or timepieces containing radioluminescent paint but excluding their manufacture or repair except as provided for in paragraph (c) of this Article,

( e ) apparatus emitting ionising radiations and containing radioactive substances in amounts greater than the values specified in paragraph (c) of this Article, provided that—

(i) it is of a type approved by the Board;

(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Board, justify its use;

(iii) it is constructed in the form of sealed sources ensuring effective protection against any contact with the radioactive substances and against any leakage of them; and

(iv) it does not cause, at any point situated at a distance of 0.1 metres from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 millirem per hour,

( f ) apparatus (other than television receivers) emitting ionising radiations but not containing any radioactive substances, provided that—

(i) it is of a type approved by the Board;

(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Board, justify its use; and

(iii) it does not cause, at any point situated at a distance of 0.1 metres from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 millirem per hour,

( g ) television receivers which do not cause at any point situated at a distance of 0.05 metres from the accessible surface of the receiver a dose rate exceeding 0.5 millirem per hour.

6. The prohibition on transportation imposed by Article 4 (1) of this Order does not apply to transportation by a carrier in the normal course of his business, provided that the consignor furnishes the carrier with a copy of a licence under this Order authorising the transportation of things to which this Order applies.

7. Any person who at the commencement of this Order has custody of or is using, manufacturing, importing, distributing, transporting, exporting or otherwise disposing of anything to which this Order applies shall apply to the Board for a licence under this Order.

8. An application for a licence under this Order shall be made to the Board—

( a ) in a case where the applicant is a person referred to in paragraph 7 of this Order, within one month after the commencement of this Order,

( b ) in any other case, not later than one month before the commencement of the period of custody, use, manufacture, importation, distribution, transportation, exportation or other disposal in respect of which the licence is required.

9. An application for a licence under this Order shall be made on the appropriate application form obtainable from the Board and shall contain the particulars required by that form.

10. (1) Where in the opinion of the Board the information supplied by an applicant on an application form is insufficient or inadequate for the purpose of enabling the Board to decide whether or not to issue a licence under this Order, it may by notice in writing (sent to the applicant at the address specified in the form) require the applicant to furnish the Board with such additional information as it specifies in the notice.

(2) Additional information required by the Board under this paragraph may include information relating to the suitability, experience or training of the applicant in the safe usage and handling of the fuel, substance, device or apparatus the subject of the proposed licence.

11. A licence under this Order shall, subject to any condition relating to expiry specified in the licence, expire on the expiry date so specified.

12. Where the holder of a licence under this Order proposes to apply for a further licence to operate from the expiry of his existing licence, he shall apply to the Board in accordance with the provisions of Article 9 of this Order for such further licence not later than one month before the expiry of the existing licence.

13. (1) The holder of a licence under this Order may at any time before the expiry of the licence apply to the Board in writing for an amendment to the licence.

(2) An application for such an amendment shall—

( a ) be made in accordance with the provisions of Article 9 of this Order as if the application were an application for a licence under this Order, and

( b ) specify the reasons for the proposed amendment.

14. Notwithstanding any other provision of this Order, where the Board is of the opinion that it is necessary to do so for the purpose of protecting health and of minimising danger to persons or property arising from fissile fuel, radioactive substances or devices or irradiating apparatus, the following provisions shall apply:

( a ) the Board may at its discretion refuse to issue a licence under this Order;

( b ) it may, if it is satisfied that any term or condition attached to a licence under this Order has not or is not being complied with, revoke the licence.

15. (1) An officer or servant of the Board authorised in writing by the Board may, on production of his authorisation if demanded by any person affected, enter upon premises and carry out such inspection as may be reasonably necessary for the purpose of ascertaining if any provision of this Order or the terms and conditions of a licence under this Order are being complied with.

(2) The holder of a licence under this Order shall keep records showing details of the receipt, use, transfer, export and disposal of anything to which the licence relates.

(3) The holder of a licence under this Order shall on request produce to an officer or servant of the Board for inspection by him records kept by the holder under this Article and shall perform, cause to be performed or permit the officer or servant of the Board to perform any test which the officer or servant considers necessary for the purpose mentioned in paragraph (1) of this Article.

16. An officer of customs and excise may detain and seize anything to which this Order applies being attempted to be imported or exported in contravention of this Order and may for that purpose open any package containing or suspected by him to contain anything to which this Order applies, and the provisions of the Customs Consolidation Act, 1876 relating to the condemnation and disposal of goods seized under that Act shall apply and have effect in relation to all articles seized under this Order as if the articles had been seized under that Act.

Article 5 (c)

SCHEDULE

CLASSIFICATION OF RADIONUCLIDES.

GROUP I RADIONUCLIDES.

GROUP II RADIONUCLIDES.

GROUP III RADIONUCLIDES.

GROUP IV RADIONUCLIDES.

GIVEN under my Official Seal, this 1st day of June, 1977.

TOM FITZPATRICK,

Minister for Transport and

Power.

EXPLANATORY NOTE.

This Order provides for the control by licence to be obtained from the Nuclear Energy Board, of the custody, use, manufacture, importation, distribution, transportation, exportation, or other disposal of fissile fuel, or other radioactive substances or devices or irradiating apparatus, as defined in the Order.