105Actions after initial report of a nuclear safety incident

105  Actions after initial report of a nuclear safety incident

 (1) For the purposes of paragraph 32(1)(b) of the Act, a licence authorising a facility activity or a material activity is subject to the conditions prescribed by this section in relation to a nuclear safety incident that the licence holder must report under section 21 of the Act.

Note: Part 4 of this instrument prescribes other conditions to which the licence is subject.

Information or action required to ensure effective management of nuclear safety incident

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, if requested by the Regulator:

 (a) provide information and documents that the Regulator requires to be assured that the nuclear safety incident is being effectively managed; and

 (b) take any action that the Regulator requires to be assured that the nuclear safety incident is being effectively managed.

Preservation of incident site etc.

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, so far as reasonably practicable and subject to subsection (4), ensure that the site of the nuclear safety incident, including any naval nuclear propulsion plant, vessel, substance, structure or thing associated with the incident, is not disturbed until the Regulator directs that the site of the incident no longer needs to be preserved.

 (4) In complying with the condition prescribed in subsection (3), a person is not prevented from taking any action:

 (a) to assist an injured person; or

 (b) to remove a deceased person; or

 (c) that is essential to make the site of the incident safe; or

 (d) to minimise the risk of a further nuclear safety incident; or

 (e) that is associated with a police investigation; or

 (f) for which the Regulator has given approval in relation to the nuclear safety incident.

Compliance with emergency management and response plan

 (5) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, as soon as practicable after there is no longer a need to preserve the site of the nuclear safety incident, and in any event, within 6 months after the incident occurred, provide information and documents to the Regulator that demonstrate:

 (a) action that has been, or is proposed to be, taken to manage or respond to the nuclear safety incident; and