Division 2AControlled person

## Part 1—Preliminary #### 1 Name of regulations These regulations are the Australian Radiation Protection and Nuclear Safety Regulations 1999. #### 3 Definitions > Note: A number of expressions used in these regulations are defined in the Act, including the following: (a) controlled apparatus; (b) controlled facility; (c) controlled material; (d) controlled person; (e) deal with. In these regulations: > absorbed dose means the energy absorbed per unit mass by matter from ionizing radiation that impinges upon it. > Note: See the Planned Exposure Code. > Act means the Australian Radiation Protection and Nuclear Safety Act 1998. > action level means an intervention level applied to exposure to radiation. > application fee, for a licence, includes the ordinary costs of processing the application for the licence, but does not include any additional expenses that may be incurred by the CEO in respect of any peer review or consultancy that the CEO considers necessary for the purpose of deciding whether to issue the licence. > AS/NZS IEC 60825.1:2014 means the Australian/New Zealand Standard AS/NZS IEC 60825.1:2014 Safety of laser products, Part 1: Equipment classification and requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 1 July 2018. > AS/NZS IEC 60825.2:2011 means the Australian/New Zealand Standard AS/NZS IEC 60825.2:2011 Safety of laser products, Part 2: Safety of optical fibre communication systems (OFCS), published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 1 July 2018. > AS/NZS IEC 62471:2011 means the Australian/New Zealand Standard AS/NZS IEC 62471:2011 Photobiological safety of lamp and lamp systems, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 1 July 2018. > committed effective dose means the effective dose that a person is committed to receive from an intake of radioactive material. > Note: See the Planned Exposure Code. > Committee means the Radiation Health Committee or the Nuclear Safety Committee. > Council means the Radiation Health and Safety Advisory Council created by section 19 of the Act. > dose includes absorbed dose, equivalent dose or effective dose. > Note: See the Planned Exposure Code. > effective dose means a measure of dose that takes into account both the type of radiation involved and the radiological sensitivities of the organs and tissues irradiated. > Note: See the Planned Exposure Code. > equivalent dose means a measure of dose in organs and tissues that takes into account the type of radiation involved. > Note: See the Planned Exposure Code. > excluded exposure, for the definition of occupational exposure, means the component of exposure which arises from natural background radiation, provided that: (a) any relevant action level or levels for the workplace are not exceeded; and (b) the CEO does not prohibit the exclusion of that component. > exposure means the circumstance of being exposed to radiation. > external exposure means exposure to radiation from a source outside the human body. > holder, of a licence, means the controlled person to whom the licence is issued. > irradiator means a device that contains a controlled material that gives a controlled dose of radiation to any target material. > medical exposure means: (a) the exposure of a person to radiation received: (i) as a patient undergoing medical diagnosis or therapy; or (ii) as a volunteer in medical research; or (b) non‑occupational exposure received as a consequence of assisting an exposed patient. > Mining and Mineral Processing Code and Safety Guide means the Code of Practice and Safety Guide for Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing (2005) (Radiation Protection Series No. 9), as existing on 1 July 2018. > Note: The Mining and Mineral Processing Code and Safety Guide could in 2018 be viewed on ARPANSA’s website (http://www.arpansa.gov.au). > occupational exposure means exposure of a person to radiation that: (a) occurs in the course of the person’s work; and (b) is not excluded exposure. > Planned Exposure Code means the Code for Radiation Protection in Planned Exposure Situations (2016) (Radiation Protection Series C‑1), as existing on 1 July 2018. > Note: The Planned Exposure Code could in 2018 be viewed on ARPANSA’s website (http://www.arpansa.gov.au). > public exposure means the exposure of a person to radiation that is neither occupational exposure nor medical exposure. > same location, in relation to a controlled apparatus or controlled material: see subregulation 40D(3). > sealed source means controlled material permanently contained in a capsule, or closely bound in a solid form, that is strong enough to be leak‑tight for: (a) the intended use of the controlled material; and (b) any foreseeable abnormal events likely to affect the controlled material. > Security Code of Practice means the Code of Practice for the Security of Radioactive Sources (2007) (Radiation Protection Series No. 11), as existing on 1 July 2018. > Note: The Security Code of Practice could in 2018 be viewed on ARPANSA’s website (http://www.arpansa.gov.au). > Transport Code means the Code for the Safe Transport of Radioactive Material (2014) (Radiation Protection Series C‑2), as existing on 1 July 2018. > Note: The Transport Code could in 2018 be viewed on ARPANSA’s website (http://www.arpansa.gov.au). > unsealed source means controlled material that is not a sealed source. > waste package, in relation to controlled material contained or to be contained in a radioactive waste storage facility or a radioactive waste disposal facility, means the waste form of the controlled material and its container as prepared for handling, transport, storage or disposal. #### 3A Parent nuclides and progeny nuclides included in secular equilibrium (1) For these regulations, in determining the activity of a parent nuclide mentioned in an item in the table in clause 3 of Schedule 2, include the activity of any progeny nuclide mentioned in that item that is included in secular equilibrium with the parent nuclide. > Note: Parent nuclides are also marked a in the table in clause 2 of Schedule 2. (2) Except for subregulation (1), the activity of a progeny nuclide mentioned in an item in the table in clause 3 of Schedule 2 is taken to be nil when included in secular equilibrium with a parent nuclide mentioned in that item. ## Part 1A—ARPANSA #### 3B Functions of the CEO For the purposes of paragraph 15(1)(i) of the Act, the following are functions of the CEO: (a) to grant permissions to export from Australia high activity radioactive sources under regulation 9AD of the Customs (Prohibited Exports) Regulations 1958; (b) to grant permissions to import into Australia radioactive substances under regulation 4R of the Customs (Prohibited Imports) Regulations 1956; (c) to grant approvals under the Transport Code in the CEO’s capacity as competent authority for the Commonwealth for the purposes of the Transport Code. ## Part 2—Controlled apparatus and facilities ### Division 1—Controlled apparatus #### 4 Kinds of apparatus that are controlled apparatus (1) Controlled apparatus is defined in section 13 of the Act, and includes an apparatus, prescribed by the regulations, that produces harmful non‑ionizing radiation when energised. (2) Apparatus is controlled apparatus if: (a) the apparatus is: (i) a magnetic field non‑destructive testing device; or (ii) an induction heater or induction furnace; or (iii) an industrial radiofrequency heater or welder; or (iv) a radiofrequency plasma tube; or (v) microwave or radiofrequency diathermy equipment; or (vi) an industrial microwave or radiofrequency processing system; or (vii) an optical source, other than a laser product, emitting ultraviolet radiation, infrared or visible light; or (viii) a laser product with an accessible emission that exceeds the accessible emission limits of a Class 3R laser product, as set out in AS/NZS IEC 60825.1:2014; or (ix) an optical fibre communication system exceeding Hazard Level 3R, as defined by AS/NZS IEC 60825.2:2011; and (b) it produces non‑ionizing radiation that could lead to a person being exposed to radiation levels in excess of the exposure limits mentioned in the table in clause 1 of Schedule 1; and (c) the excess levels of radiation mentioned in paragraph (b) are readily accessible to persons: (i) in the course of intended operations or procedures of the apparatus; or (ii) under a reasonably foreseeable abnormal event involving the apparatus; or (iii) under a reasonably foreseeable single element failure of the apparatus; or (iv) without the use of tools or other specialised equipment required to remove protective barriers or access panels. (3) However, the CEO may declare, in writing, on a case by case basis, that an apparatus covered by subregulation (2) is not a controlled apparatus under that subregulation. > 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 apparatus does not pose an unacceptable potential hazard to the health and safety of people or to the environment; or (b) it would be inappropriate, in all the circumstances, for the apparatus to be a controlled apparatus. (4) The CEO must publish the declaration in the Gazette as soon as practicable after making it. ### Division 2—Controlled facilities #### 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. #### 6AA Prescribed legacy site For the definition of prescribed legacy site in section 13 of the Act, the place known as the Little Forest Legacy Site, as shown labelled as “LFLS” on site plan drawing No. AO SK 127039 revision G dated 1 July 2015, Little Forest Road, Lucas Heights, in the local government area of Sutherland, Parish of Holsworthy, County of Cumberland, erected on part of the land contained in Certificate of Title folio identifier 1/106967, is prescribed. > Note 1: Site plan drawing No. AO SK 127039 revision G could in 2016 be viewed on the Australian Nuclear Science and Technology Organisation’s website (http://www.ansto.gov.au). > Note 2: The Little Forest Legacy Site was previously known as the Little Forest Burial Ground. > Note 3: A prescribed legacy site is a controlled facility, see the definition of controlled facility in section 13 of the Act. ### Division 2A—Controlled person #### 6A Prescribed Commonwealth place For paragraph (d) of the definition of controlled person in section 13 of the Act, the place known as Building 64, as shown on site plan drawing No. A3E 111993 dated November 1999, Lucas Heights Science and Research Centre, New Illawarra Road, Lucas Heights, in the local government area of Sutherland, Parish of Eckersley, County of Cumberland, erected on part of the land contained in Certificate of Title folio identifier 1/89876, is a prescribed Commonwealth place. ### Division 3—Prescribed activity levels #### 7 Nuclear installation—prescribed activity level for radioactive waste storage facilities (1) For paragraph (c) of the definition of nuclear installation in section 13 of the Act, the activity level, for a radioactive waste storage facility that contains, or is designed to contain, controlled materials, is: (a) if the facility contains, or is designed to contain, unsealed sources, and the result worked out for a waste package of the unsealed sources, using the steps mentioned in subregulation (2) (the activity concentration value steps), is greater than 104—the level at which the result worked out for the unsealed sources in the facility, using the steps mentioned in subregulation (3) (the activity value steps), is 106; or (b) if the facility contains, or is designed to contain, sealed sources—the level at which the result worked out for the sealed sources in the facility, using the steps mentioned in subregulation (3) (the activity value steps), is 1010. > Note: Under section 13 of the Act, a radioactive waste storage facility with an activity that is greater than the activity level prescribed is a nuclear installation. (2) For paragraph (1)(a), the activity concentration value steps are: (a) divide the activity of each nuclide in the waste package by the mass of the waste package; and (b) divide the result for each nuclide worked out under paragraph (a) by the activity concentration value mentioned in an item in the table in clause 2 of Schedule 2 for the nuclide; and (c) if there is more than 1 nuclide in the waste package—add the result for each nuclide worked out under paragraph (b). (3) For paragraphs (1)(a) and (b), the activity value steps are: (a) divide the activity of each nuclide in the sources in the facility 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). #### 8 Nuclear installation—prescribed activity level for radioactive waste disposal facilities (1) This regulation applies to a radioactive waste disposal facility if: (a) it contains, or is designed to contain, controlled materials; and (b) the result worked out for a waste package of the controlled materials, using the steps mentioned in subregulation (3) (the activity concentration value steps), is greater than 102. (2) For paragraph (c) of the definition of nuclear installation in section 13 of the Act, the activity level, for a radioactive waste disposal facility to which this regulation applies, is the level at which the result worked out for the controlled materials in the facility, using the steps mentioned in subregulation (4) (the activity value steps), is 108. > Note: Under section 13 of the Act, a radioactive waste disposal facility with an activity that is greater than the activity level prescribed is a nuclear installation. (3) For paragraph (1)(b), the activity concentration value steps are: (a) divide the activity of each nuclide in the waste package by the mass of the waste package; and (b) divide the result for each nuclide worked out under paragraph (a) by the activity concentration value mentioned in an item in the table in clause 2 of Schedule 2 for the nuclide; and (c) if there is more than 1 nuclide in the waste package—add the result for each nuclide worked out under paragraph (b). (4) For subregulation (2), the activity value steps are: (a) divide the activity of each nuclide in the controlled materials in the facility 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 controlled materials—add the result for each nuclide worked out under paragraph (a). #### 11 Nuclear installation—prescribed activity level for facilities for production of radioisotopes (1) For paragraph (d) of the definition of nuclear installation in section 13 of the Act, the activity level, for a facility for production of radioisotopes, is: (a) if the facility contains, or is designed to contain, unsealed sources—the level at which the result worked out for the unsealed sources using the steps mentioned in subregulation (2) is 106; or (b) if the facility contains, or is designed to contain, sealed sources—the level at which the result worked out for the sealed sources using the steps mentioned in subregulation (2) is 1010. > Note: Under section 13 of the Act, a facility for production of radioisotopes with an activity that is greater than the activity level prescribed is a nuclear installation. (2) For paragraphs (1)(a) and (b), 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). ## Part 3—The radiation health and safety advisory council and advisory committees ### Division 1—Radiation Health and Safety Advisory Council #### 12 Radiation Health and Safety Advisory Council (1) The Radiation Health and Safety Advisory Council is established under section 19 of the Act. (2) Each member of the Council, other than the CEO, is appointed under subsection 21(2) of the Act. (3) The Chair of the Council is appointed under subsection 21(6) of the Act. (4) Under section 29 of the Act, the regulations may prescribe matters relating to the Council, including, but not limited to, the term of appointment of members, resignation of members, disclosure of interests by members and procedural matters. (5) This Division sets out some of the matters relating to the Council. #### 13 Term of appointment (1) A Council member is appointed for the term stated in the member’s appointment. (2) The term stated in the appointment must not be greater than 3 years. (3) However, a Council member may be reappointed for further terms of up to 3 years. (4) The Chair of the Council is appointed as Chair for the term stated in the Chair’s appointment. (5) The Chair of the Council may be reappointed for further terms. #### 14 Resignation A Council member may resign by signed notice of resignation given to the Minister. #### 15 Disclosure of interests A Council member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that could conflict with the proper performance of the member’s functions. #### 16 Termination of appointment (1) The Minister may terminate a Council member’s appointment for: (a) physical or mental incapacity; or (b) misbehaviour; or (c) incompetence; or (d) inefficiency; or (e) failing to comply, either recklessly or intentionally, with regulation 15. (2) The Minister must terminate the member’s appointment if the member: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with his or her creditors; or (d) assigns his or her remuneration for the benefit of his or her creditors; or (e) is convicted of an offence punishable by imprisonment for 1 year or longer; or (f) is absent without leave of absence from 3 consecutive meetings of the Council. #### 17 Leave of absence (1) The Minister may grant leave of absence to the Chair of the Council. (2) The Chair may grant leave of absence to another Council member. #### 18 Council procedures generally (1) In performing its functions, the Council: (a) must act according to these regulations; and (b) must act with as little formality and as quickly as the requirements of these regulations, and a proper consideration of the issues before the Council, allow; and (c) is not bound by the rules of evidence; and (d) may obtain information about an issue in any way it considers appropriate; and (e) may receive information or submissions orally or in writing; and (f) may consult anyone it considers appropriate. (2) However, the Council must comply with any directions given, in writing, to the Council by the Minister or the CEO about the Council’s performance of its functions. #### 19 Meetings (1) The Minister or the CEO may, by written notice to the Council, direct the Council to hold meetings at the times and places, and to deal with matters in the manner, stated in the notice. (2) If the Minister or the CEO has not given written notice to the Council under subregulation (1), the Council may hold the meetings at the times and places, and may deal with matters in the manner, that the Council considers necessary for the performance of its functions. (3) Subject to these regulations, the procedure of a Council’s meeting is as decided by the Council. #### 20 Presiding member (1) The Chair must preside at a Council meeting at which the Chair is present. (2) If the Chair is absent, the member chosen by the members present must preside. #### 21 Quorum At a Council meeting, a majority of members forms a quorum. #### 22 Voting A decision made at a Council meeting by a majority of the votes of the members present and voting is a decision of the Council. #### 23 Records and reports (1) The Council must keep a record of its proceedings. (2) The Council must prepare an annual report for the CEO on the Council’s activities for the year. (3) The Council must prepare any other report that is requested by the Minister or the CEO. ### Division 2—Radiation Health Committee and Nuclear Safety Committee #### 24 Radiation Health Committee and Nuclear Safety Committee (1) The Radiation Health Committee is established under section 22 of the Act and the Nuclear Safety Committee is established under section 25 of the Act. (2) Each member of the Radiation Health Committee, other than the CEO, is appointed under subsection 24(2) of the Act and the Chair of that Committee is appointed under subsection 24(6) of the Act. (3) Each member of the Nuclear Safety Committee, other than the CEO, is appointed under subsection 27(2) of the Act and the Chair of that Committee is appointed under subsection 27(6) of the Act. (4) Under section 29 of the Act, the regulations may prescribe matters relating to the Radiation Health Committee and the Nuclear Safety Committee, including, but not limited to, the term of appointment of members, resignation of members, disclosure of interests by members and procedural matters. (5) This Division sets out some of the matters relating to the Committees. #### 25 Term of appointment (1) A Committee member is appointed for the term stated in the member’s appointment. (2) The term stated in the appointment must not be greater than 3 years. (3) However, a Committee member may be reappointed for further terms of up to 3 years. (4) The Chair of a Committee is appointed as Chair for the term stated in the Chair’s appointment. (5) The Chair of a Committee may be reappointed for further terms. #### 26 Resignation A Committee member may resign by signed notice of resignation given to the CEO. #### 27 Disclosure of interests A Committee member must give written notice to the CEO of all interests, pecuniary or otherwise, that the member has or acquires and that could conflict with the proper performance of the member’s functions. #### 28 Termination of appointment (1) The CEO may terminate a Committee member’s appointment for: (a) physical or mental incapacity; or (b) misbehaviour; or (c) incompetence; or (d) inefficiency; or (e) failing to comply, either recklessly or intentionally, with regulation 27. (2) The CEO must terminate a Committee member’s appointment if the member: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with his or her creditors; or (d) assigns his or her remuneration for the benefit of his or her creditors; or (e) is convicted of an offence punishable by imprisonment for 1 year or longer; or (f) is absent without leave of absence from 3 consecutive meetings of the Committee. #### 29 Leave of absence (1) The CEO may grant leave of absence to the Chair of a Committee. (2) The Chair may grant leave of absence to another Committee member. #### 30 Committee procedures generally (1) In performing its functions, a Committee: (a) must act according to these regulations; and (b) must act with as little formality and as quickly as the requirements of these regulations, and a proper consideration of the issues before the Committee, allow; and (c) is not bound by the rules of evidence; and (d) may obtain information about an issue in any way it considers appropriate; and (e) may receive information or submissions orally or in writing; and (f) may consult anyone it considers appropriate. (2) However, the Committee must comply with any directions given, in writing, to the Committee by the CEO about the Committee’s performance of its functions. #### 31 Meetings (1) The CEO may, by written notice to the Committee, direct the Committee to hold meetings at the times and places, and to deal with matters in the manner, stated in the notice. (2) If the CEO has not given written notice to the Committee under subregulation (1), the Committee may hold the meetings at the times and places, and may deal with matters in the manner, that the Committee considers necessary for the performance of its functions. (3) Subject to these regulations, the procedure of a Committee’s meeting is as decided by the Committee. #### 32 Presiding member (1) The Chair must preside at a Committee meeting at which the Chair is present. (2) If the Chair is absent, the member chosen by the members present must preside. #### 33 Quorum At a Committee meeting, a majority of members forms a quorum. #### 34 Voting A decision made at a Committee meeting by a majority of the votes of the members present and voting is a decision of the Committee. #### 35 Records and reports (1) A Committee must keep a record of its proceedings. (2) A Committee must prepare any report that is requested by the CEO. (3) If a Committee prepares a report on any matter, it must give copies of the report to the CEO. ## Part 4—Licences ### Division 1—Exemptions #### 37 Exempt people (facility licence) (1) The CEO may declare, in writing, on a case by case basis, that conduct of a kind mentioned in paragraph 30(1)(a), (b), (c), (d), (e) or (ea) of the Act by a specified controlled person in relation to a specified controlled facility (including any future conduct by the controlled person in relation to the controlled facility) does not, or will not pose, an unacceptable potential hazard to the health and safety of people or to the environment. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (2) The CEO may also state in the declaration that: (a) the declaration has effect only if circumstances mentioned in the declaration exist; or (b) the declaration does not have effect if circumstances mentioned in the declaration exist. (3) The CEO must publish the declaration in the Gazette as soon as practicable after making it. (4) For paragraph 30(1)(g) of the Act, a controlled person is exempted in relation to conduct of a kind mentioned in paragraph 30(1)(a), (b), (c), (d), (e) or (ea) of the Act in relation to a controlled facility if: (a) the controlled person, the kind of conduct and the controlled facility are specified in a declaration that is made and published under this regulation; and (b) the declaration is in effect at the time the conduct is undertaken. #### 37A Notice of intention to make a declaration (1) Before making a declaration under subregulation 37(1), the CEO must publish in the Gazette a notice of his or her intention to make the declaration. (2) The notice must include: (a) a copy of the proposed declaration; or (b) a description of the controlled person, the kind of conduct and the controlled facility that are to be the subject of the declaration, and the text of any statements permitted under subregulation 37(2). #### 38 Prescribed dealings (source licence) (1) For paragraph 31(1)(b) of the Act, a dealing that is described in an item in the table in clause 1 of Schedule 2 is an exempt dealing. (3) However, the CEO may declare, in writing, on a case by case basis, that a dealing described in an item in the table in clause 1 of Schedule 2 is a dealing for which: (a) the annual effective dose to an individual during normal operations is likely to be greater than 10 micro.Sv; or (b) an accident, misuse or exceptional circumstance affecting the dealing is likely to produce a dose greater than the effective dose limit worked out under regulation 59 or 60. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (4) A dealing mentioned in a declaration under subregulation (3) is not exempt. (5) Also, the CEO may declare, in writing, on a case by case basis, that a dealing that is not described in an item in the table in clause 1 of Schedule 2 is a dealing for which: (a) the annual effective dose to an individual during normal operations is likely to be not more than 10 micro.Sv; or (b) an accident, misuse or exceptional circumstance affecting the dealing is not likely to produce a dose greater than the effective dose limit worked out under regulation 59 or 60. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (6) Also, the CEO may declare, in writing, on a case by case basis, that: (a) a dealing that is not described in an item in the table in clause 1 of Schedule 2 is a dealing involving: (i) a radiological emergency or its after effects; or (ii) the after effects of a previous dealing; or (iii) naturally occurring materials; or (iv) bulk material with a mass of more than 1,000 kg; and (b) an assessment of the magnitude of individual doses, the number of people exposed, and the likelihood that potential exposure will actually occur, justify the dealing being exempt. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (7) A dealing is exempt if it is mentioned in a declaration for subregulation (5) or (6). (8) The CEO must publish a declaration under subregulation (3), (5) or (6) in the Gazette as soon as practicable after making it. ### Division 2—Applications for licences #### 39 Application form (1) Under paragraph 34(a) of the Act, an application for a facility licence, or a source licence, must be in a form approved by the CEO. (2) The CEO may ask an applicant for a facility licence to give: (a) some or all of the information and documents mentioned in the table in clause 1 of Schedule 3; and (b) other information about the application if it is appropriate. (3) The CEO may ask an applicant for a source licence to give: (a) some or all of the information and documents mentioned in the table in clause 2 of Schedule 3; and (b) other information about the application if it is appropriate. (4) An application made for a Department or Commonwealth body must be made: (a) in the name of the Department or body; and (b) by: (i) the Secretary, chief executive, or an equivalent person for the Department or body; or (ii) another person authorised by the Secretary, chief executive or equivalent person. #### 40 Issue of facility licence—prior notice and consultation (1) This regulation applies if the CEO receives an application for a facility licence. (2) As soon as practicable after receiving the application, the CEO must publish a notice in a daily newspaper circulating nationally, and in the Gazette, stating that the CEO intends to make a decision on the application. (3) If the application relates to a nuclear installation, the CEO must also include in the notice: (a) an invitation to people and bodies to make submissions about the application; and (b) a period for making submissions; and (c) procedures for making submissions. ### Division 2A—Licence application fees #### 40A Purpose of Division 2A For paragraph 34(b) of the Act, this Division prescribes: (a) the fee that must accompany an application for a facility licence; and (b) the fee that must accompany an application for a source licence. #### 40B Facility licences—nuclear installations (1) This regulation applies to an application for a facility licence that authorises persons to do a thing mentioned in an item in the table in clause 1 of Schedule 3A in relation to a controlled facility that is a nuclear installation. (2) The amount of the application fee for the licence is the amount mentioned in the item. #### 40C Facility licences—prescribed radiation facilities (1) This regulation applies to an application for a facility licence that authorises persons to do a thing mentioned in paragraph 30(1)(a), (b), (c), (d) or (e) of the Act in relation to a controlled facility that is a prescribed radiation facility of a kind mentioned in an item in the table in clause 1 of Schedule 3B. (2) The amount of the application fee for the licence is: (a) subject to paragraph (b) and subregulation (3), the amount mentioned in the item mentioned in subregulation (1); or (b) if the thing authorised to be done by the licence is mentioned in an item in the table in clause 2 of Schedule 3B (the clause 2 item)—the amount mentioned in the clause 2 item. (3) If the application is for a licence that authorises persons to do 2 or more of the things mentioned in paragraphs 30(1)(a), (b), (c), (d) and (e) of the Act in relation to the controlled facility, the amount of the application fee for the licence is the sum of the amounts of the application fees that would have been applicable under subregulation (2) if applications for separate licences had been made for each of those things. #### 40CA Facility licences—prescribed legacy sites (1) This regulation applies to an application for a facility licence that authorises persons to do a thing mentioned in an item in the table in clause 1 of Schedule 3BA in relation to a controlled facility that is a prescribed legacy site. (2) The amount of the application fee for the licence is the amount mentioned in the item. #### 40D Source licences (1) This regulation applies to an application for a source licence that authorises persons to deal with a controlled apparatus or a controlled material of a kind mentioned in an item in a Group in the table in clause 1 of Schedule 3C. (2) The amount of the application fee for the licence is: (a) for an application for a licence to deal with controlled apparatus or controlled materials in the same location: (i) if the controlled apparatus or controlled materials are from the same Group—the amount mentioned in the item in the table in clause 2 of Schedule 3C that relates to the number of controlled apparatus or controlled materials from that Group; and (ii) if the controlled apparatus or controlled materials are from 2 or more Groups—the sum of the amounts mentioned in the items in the table in clause 2 of Schedule 3C that relate to the number of controlled apparatus or controlled materials from each of those Groups; and (b) for an application for a licence to deal with controlled apparatus or controlled materials in 2 or more locations—the sum of the amounts mentioned in the items in the table in clause 2 of Schedule 3C that relate to the number of controlled apparatus or controlled materials from each Group that are to be dealt with in each location. (3) A controlled apparatus or controlled material (the first controlled apparatus or controlled material) is in the same location as another controlled apparatus or controlled material (the other controlled apparatus or controlled material) if the first controlled apparatus or controlled material is in an area within a radius of 5 kilometres of the other controlled apparatus or controlled material. ### Division 3—Deciding whether to issue licence #### 41 Issue of facility licence—matters to be taken into account by CEO (1) The CEO may issue a facility licence to a controlled person. (2) In deciding whether to issue the licence, the CEO must take into account the matters (if any) specified in the regulations. (3) The matters are: (a) whether the application includes the information asked for by the CEO; and (b) whether the information establishes that the proposed conduct can be carried out without undue risk to the health and safety of people, and to the environment; and (c) whether the applicant has shown that there is a net benefit from carrying out the conduct relating to the controlled facility; and (d) whether the applicant has shown that the magnitude of individual doses, the number of people exposed, and the likelihood that exposure will happen, are as low as reasonably achievable, having regard to economic and social factors; and (e) whether the applicant has shown a capacity for complying with these regulations and the licence conditions that would be imposed under section 35 of the Act; and (f) whether the application has been signed by an office holder of the applicant, or a person authorised by an office holder of the applicant; and (g) if the application is for a facility licence for a nuclear installation—the content of any submissions made by members of the public about the application. #### 42 Issue of source licence—matters to be taken into account by CEO (1) The CEO may issue a source licence to a controlled person. (2) In deciding whether to issue the licence, the CEO must take into account the matters (if any) specified in the regulations. (3) The matters are: (a) whether the application includes the information asked for by the CEO; and (b) whether the information establishes that the controlled apparatus or material can be dealt with without undue risk to the health and safety of people, and to the environment; and (c) whether the applicant has shown that there is a net benefit from dealing with the controlled apparatus or material; and (d) whether the applicant has shown that the magnitude of individual doses, the number of people exposed, and the likelihood that exposure will happen, are as low as reasonably achievable, having regard to economic and social factors; and (e) whether the applicant has shown a capacity for complying with these regulations and the licence conditions that would be imposed under section 35 of the Act; and (f) whether the application has been signed by an office holder of the applicant, or a person authorised by an office holder of the applicant. ### Division 4—Licence conditions #### 43 Purpose of Division (1) Under paragraph 35(1)(b) of the Act, a facility or source licence is subject to the conditions prescribed by the regulations. (2) This Division prescribes the conditions. #### 44 Holder of a licence must prevent breaches of conditions The holder of a licence must take all reasonably practicable steps to prevent breaches of licence conditions. #### 45 Holder of a licence must investigate and rectify breaches of conditions (1) The holder of a licence must investigate suspected breaches of licence conditions. (2) If the holder of a licence identifies a breach, the holder of a licence must rectify the breach and any consequences of the breach as soon as reasonably practicable. (3) If the holder of a licence identifies a breach, the holder of a licence must also tell the CEO as soon as reasonably practicable. #### 46 Holder of a licence to prevent, control and minimise accidents (1) The holder of a licence must take all reasonably practicable steps to prevent accidents involving controlled materials, controlled apparatus or controlled facilities described in the licence. (2) If an accident mentioned in subregulation (1) happens, the holder of a licence must: (a) take all reasonably practicable steps to control the accident; and (b) take all reasonably practicable steps to minimise the consequences of the accident, including injury to any person and damage or harm to the environment; and (c) tell the CEO about the accident within 24 hours of it happening; and (d) give the CEO a written report about the accident within 14 days of it happening. #### 48 Compliance with Codes and Codes of Practice Facility licences (1) The holder of a facility licence must ensure that the following are complied with in relation to activities relating to the controlled facilities to which the licence relates: (a) the Planned Exposure Code; (b) the Security Code of Practice; (c) the Transport Code. (2) If a facility licence authorises persons to deal with a controlled apparatus or a controlled material, the holder of the licence must ensure that the following are complied with in relation to dealings with the controlled apparatus or controlled material to which the licence relates: (b) the Planned Exposure Code; (c) the Security Code of Practice; (d) the Transport Code. Source licences (3) The holder of a source licence must ensure that the following are complied with in relation to dealings with the controlled apparatus or controlled material to which the licence relates: (b) the Planned Exposure Code; (c) the Security Code of Practice; (d) the Transport Code. Application of subregulations (2) and (3) (4) Subregulations (2) and (3) do not apply in relation to dealings with an apparatus covered by paragraph (c) of the definition of controlled apparatus in section 13 of the Act. > Note: See subregulations 4(2) and (3). #### 49 Managing safety (1) The holder of a facility licence must take all reasonably practicable steps to manage the safety of the facility, including: (a) having in place plans and arrangements of the kind mentioned in item 4 of the table in clause 1 of Schedule 3; and (b) ensuring that such plans and arrangements are implemented to the extent reasonably practicable. (2) The holder of a source licence must take all reasonably practicable steps to manage the safety of the source, including: (a) having in place plans and arrangements of the kind mentioned in item 4 of the table in clause 2 of Schedule 3; and (b) ensuring that such plans and arrangements are implemented to the extent reasonably practicable. #### 50 Reviewing and updating plans and arrangements for managing safety (1) The holder of a licence must, at least once every 3 years, review and update the plans and arrangements mentioned in regulation 49 in relation to the licence. (2) The holder of a licence must keep and maintain records of any changes made to the plans and arrangements. (3) Subregulation (1) does not apply to the extent that the licence makes other arrangements for a matter mentioned in that subregulation. #### 50A Maintaining accurate inventory of controlled apparatus and materials The holder of a licence must keep and maintain an accurate inventory of the controlled apparatus and controlled materials that that the licence holder deals with. #### 51 CEO approval for certain changes The holder of a licence must seek the CEO’s prior approval to do either of the following things if it will have significant implications for safety: (a) change the details in the application for the licence; (b) modify the source or facility mentioned in the licence. #### 52 Holder of a licence must tell CEO about other changes (1) The holder of a licence may do a thing mentioned in paragraph 51(a) or (b) that is unlikely to have significant implications for safety without the CEO’s approval. (2) The holder of a licence must, within 3 months after doing a thing as mentioned in subregulation (1), tell the CEO about the thing. (3) However, subregulation (2) does not apply to the extent that the licence makes other arrangements for a matter mentioned in that subregulation. #### 53 Holder of a licence must tell CEO about movement of controlled apparatus, controlled materials and controlled facilities (1) The holder of a licence may only dispose of controlled apparatus or controlled materials with the approval of the CEO. (1A) The holder of a licence may only transfer controlled apparatus or controlled materials to another person (the transferee): (a) with the approval of the CEO; or (b) if both of the following apply: (i) the transferee is the holder of a facility licence or a source licence; (ii) the transferee’s licence authorises the transferee to deal with the controlled apparatus or controlled materials. (2) If the holder of a licence (the transferor) transfers controlled apparatus or controlled materials to another person (the transferee) under paragraph (1A)(b), the transferor must, within 7 days of the transfer, tell the CEO: (a) that the transfer has happened; and (b) the name of the transferee; and (c) the number of the licence held by the transferee; and (d) the location of the controlled apparatus or controlled materials after the transfer. (3) The holder of a licence must not dispose of, or transfer to the possession of another person, a controlled facility without the CEO’s approval. (4) However, subregulations (1), (1A), (2) and (3) do not apply to the extent that the licence makes other arrangements for a matter mentioned in the subregulations. #### 54 Approval required to construct safety item The holder of a licence, or a person covered by a licence, must not construct an item that is important for safety, and that is identified in a safety analysis report, as part of the construction of a controlled facility, unless the CEO has given the holder, or the person, approval to construct the item. #### 55 Approval required to load nuclear fuel The holder of a licence, or a person covered by a licence, must not load nuclear fuel into a controlled facility, as part of the construction of the facility, unless the CEO has given the holder, or the person, approval to load the fuel. ### Division 5—Licence annual charges #### 55A Time for payment of annual charge The annual charge for a facility licence or a source licence must be paid: (a) for a licence held during the financial year ending on 30 June 2000—on or before 30 days after the commencement of this regulation; and (b) for a licence held during the financial year ending on 30 June 2001—on or before the later of: (i) 30 days after the commencement of this regulation; and (ii) 30 days after the date when the licence was issued; and (c) for a licence held during a later financial year—on or before the later of: (i) 31 July in that financial year; and (ii) 30 days after the date when the licence was issued. #### 55B Pro‑rating of annual charge (1) If a facility licence or source licence is not held during the whole of a financial year, the CEO may decide to make a pro‑rata adjustment of the amount of the annual charge for the licence for the year. (2) If the CEO decides to make a pro‑rata adjustment, the amount of the annual charge is:  where: > AC is the amount of the annual charge for the licence for the year. > M is the number of calendar months during which the licence is held. > Note: The amount of the annual charge for a facility licence or a source licence for a year is prescribed in the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000. (3) For subregulation (2), a licence that is held for only part of a calendar month is taken to be held for the whole of the calendar month. #### 55C Refund of annual charge (1) This regulation applies in relation to the annual charge for a facility licence or a source licence for a financial year if: (a) either: (i) the whole of the annual charge for the licence for the year has been paid; or (ii) if regulation 55B applies in relation to the licence—the whole of the annual charge for the licence for the year, as adjusted under that regulation, has been paid; and (b) the licence is suspended, cancelled or surrendered before the end of the year. (2) The CEO may decide to refund to the holder of the licence part of the amount of the annual charge that has been paid for the licence for the year. (3) If the CEO decides to refund part of the amount of the annual charge, the amount of the refund is:  Where: > AC is the amount of the annual charge for the licence for the year. > M1 is the number of calendar months of the year in relation to which the annual charge was paid. > M2 is the number of calendar months of the year during which the licence was held. > Note: The amount of the annual charge for a facility licence or a source licence for a year is prescribed in the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000. (4) For subregulation (3), a licence that is held for only part of a calendar month is taken to be held for the whole of the calendar month. ## Part 5—Practices and procedures to be followed ### Division 5.1—General #### 56 Application of Part 5 This Part applies only to the extent that: (a) a holder of a licence, or a person covered by a licence, can comply with the licence without taking action that would constitute unlawful discrimination under the Sex Discrimination Act 1984; or (b) a holder of a licence, or a person covered by a licence, who cannot comply with the licence without taking action that would constitute unlawful discrimination under the Sex Discrimination Act 1984 is exempted, under section 44 of that Act, from its operation. ### Division 5.2—Dose limits #### 57 Purpose of Division 5.2 For paragraph 85(2)(a) of the Act, this Division prescribes practices and procedures to be followed, and measures to be taken, in relation to dose limits by controlled persons in relation to activities relating to controlled facilities, and in relation to dealings with controlled apparatus or controlled material. #### 58 Prescribed practice (1) The holder of a facility licence for a controlled facility must ensure that the doses to which a person is exposed, inside or in connection with the facility, do not exceed the effective dose limits mentioned in regulation 59, and the equivalent dose limits mentioned in regulation 62. (3) The holder of a source licence for dealing with controlled apparatus or controlled material must ensure that the doses to which a person is exposed while the source in the apparatus or material is under the holder’s control do not exceed the effective dose limits mentioned in regulation 59, and the equivalent dose limits mentioned in regulation 62. (4) The holder of a licence must ensure that radiation protection and safety of the following relating to the licence are optimised in order to achieve the outcome mentioned in subregulation (4A): (a) controlled material; (b) controlled apparatus (other than apparatus prescribed by these regulations that produce harmful non‑ionizing radiation when energised); (c) a controlled facility. (4A) For subregulation (4), the outcome is that the following are as low as reasonably achievable after taking into account economic and societal factors: (a) the magnitude of individual doses; (b) the number of people who are exposed; (c) the likelihood of incurring exposures to radiation. (5) The optimisation of radiation protection and safety mentioned in subregulation (4) must be in accordance with source‑related dose constraints established in accordance with the Planned Exposure Code and agreed by the CEO. (6) For apparatus prescribed by these regulations that produce harmful non‑ionising radiation when energised, the holder of a licence must ensure that exposure to people is kept to the lowest level that can be achieved, consistent with best practice. #### 59 Effective dose limits (1) The effective dose limit for occupational exposure is 20 mSv annually, averaged over 5 consecutive years. (2) However, the effective dose for a person subject to occupational exposure must not, in a year, be greater than 50 mSv. (3) The effective dose limit for public exposure is 1 mSv annually. (4) The effective dose limit for an unborn child is to be consistent with the effective dose limit for public exposure. > Note: See also the Planned Exposure Code for the obligation to consider additional controls in relation to female employees who are pregnant. #### 60 Effective doses (1) For regulation 59, a person’s effective dose for a relevant period is the sum of: (a) the effective dose that the person receives, from external exposure, during the relevant period; and (b) the person’s committed effective dose, received from intakes during the relevant period, for the next 50 years. (2) However, if the person is under 18, the committed effective dose must be worked out on the basis of the number of years calculated by subtracting the person’s age, at the time of the calculation, from 70. (3) For subregulation (1), a relevant period is: (a) for a controlled person—5 years; or (b) for a member of the public—1 year. #### 61 Dealings with controlled apparatus generating non‑ionizing radiation The holder of a source licence must ensure that all dealings with controlled apparatus generating non‑ionizing radiation comply with the appropriate exposure limits set out in the standards and codes mentioned in the table in clause 1 of Schedule 1. #### 62 Annual equivalent dose limit (1) For occupational exposure, the equivalent dose limit to the lens of the eye is 20 mSv annually, averaged over 5 consecutive years. (1A) However, the equivalent dose to the lens of the eye for a person subject to occupational exposure must not, in a year, be greater than 50 mSv. (1B) The equivalent dose to the lens of the eye for a person subject to public exposure must not, in a year, be greater than 15 mSv. (2) For occupational exposure, the annual equivalent dose limit to the hands and feet is 500 mSv. (3) The annual equivalent dose limit to the skin is: (a) for occupational exposure—500 mSv; and (b) for public exposure—50 mSv. (4) The annual equivalent dose limit to the skin applies to the average dose received by any 1 cm2 of skin. ### Division 5.3—Practices and procedures #### 62A Practices and procedures (1) For paragraph 85(2)(a) of the Act, the practices and procedures described in the codes mentioned in subregulation (2) must, to the extent that they are relevant, be followed by controlled persons in relation to activities relating to controlled facilities, and in relation to dealings with controlled apparatus or controlled material. (2) For subregulation (1), the codes are the following: (a) the Mining and Mineral Processing Code of Practice and Safety Guide; (b) the Security Code of Practice; (c) the Transport Code. ## Part 6—Reporting and inspection for controlled facilities, apparatus and materials #### 63 Reporting guidelines to be published by CEO (1) For paragraph 15(1)(i) of the Act, the CEO must make guidelines about: (a) how the CEO will report on the operations of the Agency; and (b) how licence holders will report their compliance with the Act, these regulations and licence conditions; and (c) how inspection of controlled facilities, controlled apparatus and controlled materials will be conducted. (2) The CEO must publish a draft of the guidelines, and invite public comments on the draft, within 12 months of the commencement of these regulations. > Note: These regulations commence on gazettal: see regulation 2. #### 64 Inspector’s identity card (1) Under subsection 62(1) of the Act, the CEO may appoint certain people as inspectors. (2) Under subsection 62(3) of the Act, the CEO must issue an identity card to an inspector, in the form prescribed by the regulations. (3) The identity card must be in the form set out in Schedule 4. ## Part 7—Miscellaneous #### 65 International agreements For subsection 84(3) of the Act, each international agreement mentioned in Schedule 5 is prescribed. #### 65A Non‑applicable State and Territory laws For section 83 of the Act, each State or Territory law, or provision of each State or Territory law, mentioned in Schedule 6 is prescribed. #### 66 Review of decisions by CEO (1) A controlled person who is affected by a decision of the CEO to refuse to make a declaration under subregulation 4(3), 6(3), 37(1), 38(3), 38(5) or 38(6) may request that the Minister reconsider the CEO’s decision. (2) The request must be: (a) in writing; and (b) given to the Minister within 28 days after the making of the decision. (3) The Minister must reconsider the CEO’s decision and confirm, vary or set aside the decision. > Note: Under section 27A of the Administrative Appeals Tribunal Act 1975, the Minister must give, to any person whose interests are affected by the decision, notice, in writing or otherwise, of the making of the decision and of the person’s right to have the decision reviewed. In giving that notice, the Minister must have regard to the Code of Practice determined under section 27B of that Act (Gazette No. S 432, 7 December 1994) and available at [http://www.comlaw.gov.au](http://www.comlaw.gov.au) (registration number F2006B11660). (4) The Minister is taken to have confirmed the CEO’s decision under subregulation (3) if the Minister does not give written notice of the Minister’s decision under that subregulation within 60 days after the request is received. (5) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister under subregulation (3) to confirm, vary or set aside the CEO’s decision.