Radiological Protection Act, 1991


2.—In this Act, except where the context otherwise requires—

“activity” means the number of nuclear disintegrations which occur per unit of time in a radioactive substance;

“animals” means all animals excluding fish, poultry and fauna;

“the Assistance Convention” means the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency done at Vienna on the 26th day of September, 1986, the text whereof is set out in the Second Schedule to this Act;

“the Board” means An Bord Fuinnimh Núicléigh;

“bottled water” means water for human consumption packaged in containers for sale;

“carcase” means the carcase of an animal, poultry or fauna and includes part of a carcase and the meat, bones, hide, blood, skin, pelt, hair, fur, wool, feathers, hooves, horns, offal or any other part of an animal, poultry or fauna separately or otherwise, or any portion thereof;

“convention country” means a country other than the State for the time being standing designated under section 35 of this Act;

“crops” includes any agricultural or horticultural crop, tree, bush, seed, plant and any part of a seed or plant;

“the establishment day” means the day appointed by the Minister under section 5 of this Act;

“fauna” has the meaning assigned to it by the Wildlife Act, 1976 ;

“feeding stuff” means products which are intended only for animal nutrition;

“fish” includes all marine invertebrates, all crustaceans and molluscs found in the sea, and brood and spawn of fish, and references to fish shall be construed as including references to part of that fish;

“fishery products” includes fish which has been treated in any way for consumption by individuals or animals or for use as fish feed for poultry and fauna;

“food” has the meaning assigned to it by section 53 of the Health Act, 1947 ;

“functions” includes powers and duties;

“an inspector” means a person appointed under section 28 of this Act by the Institute, or the Minister for Agriculture and Food, or the Minister for Finance, or the Minister for the Marine, or the Minister for Health, as the case may be, to be an inspector for the purposes of this Act and orders or regulations made under this Act;

“the Institute” has the meaning assigned to it by section 6 of this Act;

“ionising radiation” means radiation consisting of photons or particles capable of producing ions, either directly or indirectly, and includes X-rays and gamma rays, alpha particles, beta particles, electrons, positrons, protons, neutrons and heavy particles;

“irradiating apparatus” means an apparatus capable of producing ionising radiation;

“medical or dental application” means the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect through the use of radioactive substances, nuclear devices or irradiating apparatus as prophylactic, diagnostic or therapeutic agents;

“the Minister” means the Minister for Energy;

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

“the Notification Convention” means the Convention on Early Notification of a Nuclear Accident done at Vienna on the 26th day of September, 1986, the text whereof is set out in the Third Schedule to this Act;

“nuclear device” includes any machine or apparatus the operation of which involves the use of a radioactive substance, an irradiating apparatus or a nuclear reactor;

“nuclear material” has the meaning assigned to it by Article 1 of the Protection Convention;

“nuclear reactor” means a structure containing radioactive substances and in which a self-sustaining and controlled process of nuclear fission or fusion can occur;

“the 1977 Order” means the Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977 (No. 166 of 1977), continued in force by section 44 of this Act;

“patient” means a person undergoing a medical or dental application;

“poultry” means all birds except fauna;

“prescribed levels” means levels of activity prescribed by a regulation made under section 31 of this Act;

“the Protection Convention” means the Convention on the Physical Protection of Nuclear Material done at Vienna on the 26th day of October, 1979, the text whereof is set out in the Fourth Schedule to this Act;

“radioactive substance” means any substance capable of emitting ionising radiation and includes any radionuclide, whether natural or artificial;

“radiological emergency” means an accident, occurrence or incident or threat thereof anywhere which causes, or may cause any individual, animal, fauna, poultry, eggs, crops, fish, seaweed, soil, minerals (including rocks of all descriptions), air, water or other thing in the State to be exposed to significant levels of ionising radiation;

“radiological hazards” means the dangers deriving from or associated with ionising radiation, radioactive substances, nuclear devices and irradiating apparatus;

“radiological safety” means safety from radiological hazards;

“requested state or organisation” means a state or international organisation from which the State has requested assistance in accordance with the Assistance Convention;

“requesting state” means a state which has requested assistance from the State in accordance with the Assistance Convention;

“sale” includes offer or expose for sale, keep for sale and invite to buy;

“specified levels” means

(a) prescribed levels, or

(b) maximum permitted levels

of radioactive contamination of foodstuffs and of feeding stuffs following a nuclear accident or any other case of radiological emergency and specified in regulations made by the Council or the Commission of the European Communities;

“substance” means a natural or artificial substance, whether in solid or liquid form or in the form of a gas or a vapour, and includes a preparation or manufactured article and an article which has been subjected to any artificial treatment or process.