39Procedure if radiation source abandoned

39 Procedure if radiation source abandoned

(1)  If the Director of Public Health is of the opinion that a radiation source has been abandoned –

(a) an authorised officer may seize the radiation source; or

(b) the Director of Public Health, if a person agrees to it, may direct the person to dispose of the radiation source.

(2)  After seizing a radiation source under subsection (1)(a) , an authorised officer may do any one or more of the following:

(a) keep possession of the source for such time as is necessary for the institution and final determination of legal proceedings relating to the abandonment;

(b) destroy the source;

(c) otherwise render the source harmless and dispose of it;

(d) dispose of the source.

(3)  If a person is directed under subsection (1)(b) to dispose of the radiation source, that person –

(a) may dispose of it in a manner approved by the Director of Public Health or may render it harmless and then dispose of it; and

(b) is taken to hold a licence in respect of the radiation source authorising the person to take the action specified in paragraph (a) and to possess, store and transport the radiation source for the purposes of taking that action.

(4)  The reasonable costs and expenses of a person taking action under subsection (3) are to be paid out of money provided by Parliament for the purpose.

(5)  The person who abandoned the radiation source is liable for –

(a) the reasonable costs and expenses incurred by the Crown in seizing the radiation source under subsection (1)(a) and taking any action under subsection (2) ; and

(b) the reimbursement of the Crown for any amount paid to a person under subsection (4) .