Part 4Radiation protection and control

Part 4—Radiation protection and control Division 1—Activities requiring radiation management licence 18—Testing for developmental purposes (1) A person must not carry out developmental testing operations involving or in relation to mining or mineral processing where a prescribed radioactive material is present unless the operations are authorised by a radiation management licence granted by the Minister under this Act. (2) For the purposes of subsection (1) (and without limiting that subsection), operations, in relation to mining or mineral processing, include— (a) establishing, operating or decommissioning any developmental testing facilities; and (b) operations for the rehabilitation of land on account of the impact of any operations associated with developmental testing; and (c) any other operations included in the ambit of this section by the regulations. (3) Subsection (1) does not apply to operations of a prescribed class. (4) The Minister may, before determining an application for a radiation management licence authorising operations of a kind referred to in subsection (1), refer the application to the Committee for its advice and give due consideration to the advice of the Committee. (5) A radiation management licence authorising operations of a kind referred to in subsection (1) must specify the operations to which it applies and the places at which those operations may be carried out. (6) In this section— prescribed radioactive material means a radioactive material containing more than the prescribed concentration of any naturally occurring radioactive element or compound. 19—Mining or mineral processing (1) A person must not carry out operations for or in relation to mining or mineral processing where a prescribed radioactive material is present or will be produced unless the operations are authorised by a radiation management licence granted by the Minister under this Act. (2) For the purposes of subsection (1) (and without limiting that subsection), operations, in relation to mining or mineral processing, include— (a) establishing, operating or decommissioning any facilities associated with mining or mineral processing; and (b) operations for the rehabilitation of land on account of the impact of any operations associated with mining or mineral processing; and (c) any other operations included in the ambit of this section by the regulations. (3) Subsection (1) does not apply to operations of a prescribed class. (4) The Minister may, before determining an application for a radiation management licence authorising operations of a kind referred to in subsection (1), refer the application to the Committee for its advice and give due consideration to the advice of the Committee. (5) A radiation management licence authorising operations of a kind referred to in subsection (1) must specify the operations to which it applies and the places at which those operations may be carried out. (6) A temporary suspension or cessation of operations of a kind referred to in subsection (1) does not relieve a person of the obligation to hold a licence authorising such operations. (7) In this section— prescribed radioactive material means a radioactive material containing more than the prescribed concentration of any naturally occurring radioactive element or compound. 20—Construction, establishment, control etc of radiation facility (1) A person must not prepare a site for, or construct, establish, control, operate, manage, decommission, dispose of or abandon, a radiation facility unless authorised to do so by a radiation management licence granted by the Minister under this Act. (2) Subsection (1) does not apply to a person of a prescribed class. (3) The Minister may, before determining an application for a radiation management licence authorising activities of a kind referred to in subsection (1), refer the application to the Committee for its advice and give due consideration to the advice of the Committee. (4) The Minister must not grant a radiation management licence authorising activities of a kind referred to in subsection (1) unless satisfied— (a) that the applicant has appropriate knowledge of the principles and practices of radiation protection to carry out the activities authorised by the licence; and (b) that the facility and any relevant operations comply, or will comply, with the regulations. (5) A radiation management licence authorising activities of a kind referred to in subsection (1) must specify the facility and activities to which it applies. 21—Transport of radioactive material (1) A carrier must not transport radioactive material unless authorised to do so by a radiation management licence granted by the Minister under this Act. (2) Subsection (1) does not apply— (b) in relation to a person or radioactive material of a prescribed class. (3) A person must not operate a vehicle transporting radioactive material unless the carrier of the radioactive material is authorised to transport the material by a radiation management licence granted by the Minister under this Act. (4) This section does not apply in relation to the transport of radioactive material that is regulated under the Civil Aviation Act 1988 of the Commonwealth. 22—Possession of radiation source (1) A person must not be in possession of a radiation source unless authorised to do so by a radiation management licence granted by the Minister under this Act. (2) Subsection (1) does not apply— (b) to or in relation to a person or thing of a prescribed class. (3) The Minister must not grant a radiation management licence authorising the possession of a radiation source of a kind referred to in subsection (1) unless satisfied— (a) that the applicant has appropriate knowledge of the principles and practices of radiation protection to have possession of the radiation source in the circumstances to which the licence is to relate; and (b) that any requirement prescribed by the regulations is complied with or satisfied. Division 2—Activities requiring radiation use licence 23—Use or handling of radioactive material (1) A natural person must not use or handle radioactive material unless authorised to do so by a radiation use licence granted by the Minister under this Act. (2) Subsection (1) does not apply to a person or substance of a prescribed class. (3) If the owner of radioactive material causes, suffers or permits the radioactive material to be used or handled by a person who is required to hold, but does not hold, a radiation use licence authorising the person to use or handle the radioactive material, the owner is guilty of an offence. (4) The Minister must not grant a licence authorising the use or handling of radioactive material unless satisfied that the applicant has appropriate knowledge of the principles and practices of radiation protection to carry on the activities proposed to be carried on by the applicant under the licence. 24—Operation of radiation apparatus (1) A natural person must not operate— (a) ionising radiation apparatus; or (b) non‑ionising radiation apparatus of a prescribed class, unless authorised to do so by a radiation use licence granted by the Minister under this Act. (2) Subsection (1)(a) does not apply to a person or apparatus of a prescribed class. (3) If the owner of a radiation apparatus causes, suffers or permits the radiation apparatus to be operated by a person who is required to hold, but does not hold, a radiation use licence authorising the person to operate the radiation apparatus, the owner is guilty of an offence. (4) The Minister must not grant a radiation use licence authorising the operation of radiation apparatus of a kind referred to in subsection (1) unless satisfied that the applicant has appropriate knowledge of the principles and practices of radiation protection to carry on the operations proposed to be carried on by the applicant under the licence.