13Prescribed radiation facility

13 Prescribed radiation facility

(1) For the purposes of 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) includes as an integral part of its construction shielding that does not prevent a person from being exposed to the source or does not shield a source 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 of the activity value division steps is greater than 106; or (ii) sealed sources for which the result of the activity value division steps is greater than 109.

Note: For activity value division steps, sealed source and unsealed source, see section 4.

(2) However, the CEO may declare, in writing, that a particular facility is not a prescribed radiation facility. The declaration has effect according to its terms.

Note: A decision to refuse to make a declaration is reviewable under section 86.

(3) The CEO must not make a declaration under subsection (2) unless the CEO is satisfied that: (a) the facility does not pose an unacceptable hazard to the health and safety of people or to the environment; and (b) it would be inappropriate for the facility to be a prescribed radiation facility. (4) The CEO must publish the declaration on ARPANSA’s website as soon as practicable after making it.