65Disposal of controlled apparatus, controlled materials and controlled facilities

65 Disposal of controlled apparatus, controlled materials and controlled facilities

Disposal of controlled apparatus and controlled materials (1) The holder of a licence must not dispose of controlled apparatus or controlled materials unless the licence holder: (a) has approval from the CEO to dispose of the controlled apparatus and controlled material; or (b) transfers the controlled apparatus or controlled material to another licence holder in accordance with subsection (2); or (c) returns the controlled apparatus to the supplier of the controlled apparatus in accordance with paragraph (3A)(a); or (d) disposes of the controlled apparatus, by rendering the controlled apparatus permanently inoperable as a controlled apparatus, in accordance with paragraph (3A)(b). (2) The holder of a licence may, without the approval of the CEO, dispose of controlled apparatus or controlled materials described in the licence by way of transfer to another person (the transferee) if the disposal is not covered by subsection (3A) and both of the following apply: (a) the transferee is the holder of a facility licence or a source licence; (b) the transferee’s licence authorises the transferee to deal with the controlled apparatus or controlled materials. (3) If the holder of a licence (the transferor) transfers controlled apparatus or controlled materials described in the licence to another person (the transferee) under subsection (2), 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. (3A) The holder of a licence may, without the approval of the CEO, dispose of Group 1 controlled apparatus that is described in the licence and that does not contain controlled material: (a) by returning the controlled apparatus to the person that supplied the controlled apparatus to the holder of the licence; or (b) by rendering the controlled apparatus permanently inoperable as a controlled apparatus. Disposal of controlled facilities (4) The holder of a licence must not dispose of a controlled facility described in the licence without the CEO’s approval. Exceptions (5) Subsection (1), (2), (3), (3A) or (4) does not apply to the extent that the licence makes other arrangements for a matter mentioned in that subsection. (6) Subsections (1), (2) and (3) do not apply in relation to controlled material that is solid clearance material. Solid clearance material (7) Controlled material is solid clearance material if: (a) the material is in solid form; and (b) the total of the results of dividing the activity concentration of each nuclide of artificial origin in the material by the solid clearance value for the nuclide is not greater than one; and (c) the activity concentration of each nuclide of natural origin in the material is not greater than the level for the nuclide set out in in Table I.3 in Schedule I to GSR Part 3. (8) The solid clearance value, for a nuclide in controlled material, is: (a) if the weight of the controlled material exceeds 1 tonne and Table I.2 in Schedule I to GSR Part 3 sets out an activity concentration level for the nuclide—that activity concentration level; or (b) otherwise—the activity concentration level for the nuclide set out in Table I.1 in Schedule I to GSR Part 3. (9) For the purposes of dividing the activity concentration of a nuclide by the solid clearance value for the nuclide in accordance with paragraph (7)(b), the activity concentration of the nuclide is taken to be nil if: (a) all of the following apply: (i) the solid clearance value is an activity concentration level set out in Table I.2 in Schedule I to GSR Part 3; (ii) the nuclide is a progeny nuclide mentioned in note a to that table; (iii) the nuclide is included in secular equilibrium with the corresponding parent nuclide mentioned in that note; or (b) all of the following apply: (i) the solid clearance value is an activity concentration level set out in Table I.1 in Schedule I to GSR Part 3; (ii) the nuclide is a progeny nuclide mentioned in note b to that table; (iii) the nuclide is included in secular equilibrium with the corresponding parent nuclide mentioned in that note.