Radiological Protection Act, 1991

Control of radioactive substances, etc.

30.—(1) The Minister may, after consultation with the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Health, Education, Foreign Affairs, the Environment, Tourism and Transport, the Marine, Communications and Defence and the Institute, by order regulate, restrict or prohibit (save under licence issued by the Institute) the custody, production, processing, handling, holding, storage, use, manufacture, importation, distribution, transportation, exportation or other disposal of such radioactive substances, nuclear devices, or irradiating apparatus, as may be specified in the order, and any such order may have regard to varying levels of activity or ionising radiation and to the extent to which such substances, devices or apparatus are or may be, in his opinion, a danger to the life or health of any person.

(2) For the purpose of giving effect to existing and future acts adopted by the Institutions of the European Communities relating to the health protection of the general public and workers against the dangers of ionising radiation the Minister after consultation with the Ministers referred to in subsection (1) of this section and the Institute, may make an order under this section.

(3) An order made under subsection (2) of this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order.

(4) A licence granted under this section shall be subject to such conditions as the Institute may attach to it, including a condition that the licence may be revoked if the Institute is of the opinion that any such condition has not been observed.

(5) A licence granted under this section by the Institute may be amended or revoked by the Institute.

(6) A person whose licence has been amended or revoked may apply to the High Court for a declaration and the High Court, having heard the evidence adduced, may at its discretion declare that the exigencies of the common good do not require the amendment or revocation of the licence and upon the making of such a declaration the Institute shall re-issue the licence.

(7) The Minister may, with the consent of the Minister for Finance, prescribe by regulations a fee which the Institute may charge in respect of the issue of a licence under this section.

(8) The Minister may, after consultation with the Ministers referred to in subsection (1) of this section and the Institute, by order amend or revoke an order under this section.