6Prescribed radiation facility

#### 6 Prescribed radiation facility (1) For the definition of prescribed radiation facility in section 13 of the Act, the following facilities and installations are prescribed: (a) a particle accelerator that: (i) has, or is capable of having, a beam energy greater than 1 MeV; or (ii) can produce neutrons; (b) an irradiator that contains more than 1015 Bq of a controlled material; (c) an irradiator that contains more than 1013 Bq but not more than 1015 Bq of a controlled material and: (i) does not include shielding as an integral part of its construction; or (ii) if it does include shielding as an integral part of its construction—the shielding does not prevent a person from being exposed to the source; or (iii) if it does include shielding as an integral part of its construction—has a source that is not inside shielding during the operation of the irradiator; (d) a facility (other than a nuclear installation) used for the production, processing, use, storage, management or disposal of: (i) unsealed sources for which the result worked out using the steps mentioned in subregulation (2) is greater than 106; or (ii) sealed sources for which the result worked out using the steps mentioned in subregulation (2) is greater than 109. > Note: A prescribed radiation facility is a controlled facility, see the definition of controlled facility in section 13 of the Act. (2) For subparagraphs (1)(d)(i) and (ii), the steps are: (a) divide the activity of each nuclide in the sources by the activity value mentioned in an item in the table in clause 2 of Schedule 2 for the nuclide; and (b) if there is more than 1 nuclide in the sources—add the result for each nuclide worked out under paragraph (a). (3) However, the CEO may declare, in writing, on a case by case basis, that a facility is not a prescribed radiation facility. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (3A) The CEO must not make a declaration under subregulation (3) unless the CEO is satisfied that: (a) the facility does not pose an unacceptable potential hazard to the health and safety of people or to the environment; and (b) it would be inappropriate, in all the circumstances, for the facility to be a prescribed radiation facility. (4) The CEO must publish the declaration in the Gazette as soon as practicable after making it.