Part 6General duty of care

Part 6—General duty of care 53—General duty of care (1) A person must, in dealing with a radiation source, take all reasonable and practicable measures to ensure that— (a) the exposure of people to ionising radiation from the radiation source is kept as low as is reasonably achievable; and (b) the risk of exposure of people and the environment to dangerous or potentially dangerous radiation from the radiation source is minimised; and (c) the radiation source is protected from misuse that may result in harm to people or the environment. (2) A person must, in complying with the duty created by subsection (1), have regard to the radiation protection principle and the principles of ecologically sustainable development. (3) A person who breaches the duty created by subsection (1) is not, on account of the breach alone, guilty of an offence but— (a) compliance with the duty may be enforced by the issuing of a radiation protection order under Part 7; and (b) a reparation order or reparation authorisation may be issued under that Part in respect of the breach of the duty. Part 7—Enforcement Division 1—Civil remedies Subdivision 1—Orders made by Minister 54—Radiation protection orders (1) The Minister may issue a radiation protection order for the purpose of securing compliance with— (a) the general duty of care; or (b) a condition of an accreditation or authorisation; or (c) any other requirement imposed by or under this Act. (2) A radiation protection order issued for a purpose referred to in subsection (1) may impose any requirement reasonably required for the purpose for which the order is issued, including either or both of the following: (a) a requirement that a person discontinue, or not commence, a specified activity indefinitely or for a specified time or until further notice by the Minister; (b) a requirement that a person take specified action within a specified period. (3) Without limiting the generality of subsection (2), a radiation protection order may impose any requirement reasonably required for the purpose for which the order is issued, including 1 or more of the following: (a) that a person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister; (b) that a person not carry on a specified activity except at specified times or subject to specified conditions; (c) that a person take specified action within a specified period or at specified times or in specified circumstances; (d) that a person undertake specified tests or monitoring; (e) that a person furnish to the Minister specified test, monitoring or compliance reports; (f) that a person appoint or engage a person with specified qualifications to prepare a plan or report or undertake tests or monitoring required by the order. (4) A radiation protection order issued under this section— (a) must be in the form of a notice given in the prescribed manner to the person to whom the order is issued; and (b) must specify the person to whom it is issued (whether by name or description sufficient to identify the person); and (c) must specify the purpose for which the order is issued; and (d) must state that the person may, within 14  days, appeal to the ERD Court against the order. (5) An authorised officer may, if of the opinion that urgent action is required under this section, issue an emergency radiation protection order imposing requirements of a kind referred to in subsection (3)(d) as reasonably required for the purpose for which the order is issued. (6) An emergency radiation protection order may be issued orally, but, in that event, the person to whom the order is issued must be informed immediately of the person's right to appeal to the ERD Court against the order. (7) If an emergency radiation protection order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a radiation protection order issued by the Minister and given to the person in the prescribed manner. 55—Radiation protection cessation orders (1) The Minister may issue a radiation protection cessation order for the purpose of— (a) preventing or minimising harm to people or the environment; or (b) dealing with stockpiled or abandoned radioactive material, that may result from activities or operations regulated by this Act after the activities or operations have ceased. (2) A radiation protection cessation order issued for a purpose referred to in subsection (1) may impose any requirement of a kind that could be imposed as a condition of an authorisation that is reasonably required for the purpose for which the order is issued (including a requirement of a kind that could be imposed in a radiation protection order issued under section 54). (3) The regulations may— (a) limit the circumstances in which a radiation protection cessation order may be issued; or (b) prescribe circumstances in which a radiation protection cessation order will be taken to have been revoked. (4) A radiation protection cessation order issued for a purpose referred in subsection (1)— (a) must be in the form of a notice given in the prescribed manner to the owner for the time being of the land on which the operations or activities were undertaken (whether or not the owner was the person who had undertaken the operations or activities); and (b) must specify the person to whom the order is being issued (whether by name or a description sufficient to identify the person); and (c) must state the purpose for which it is issued and specify the harm to the environment that it is directed towards preventing or minimising or the other matter that it is directed towards dealing with (as the case may be); and (d) must specify any requirements imposed under subsection (2); and (e) must state that the person may, within 14 days, appeal to the ERD Court against the order. (5) This section is in addition to, and does not limit the effect of, section 54. (6) This section does not apply in relation to activities or operations that ceased before the commencement of this section. 56—Action on non‑compliance with radiation protection order (1) If the requirements of a radiation protection order or radiation protection cessation order are not complied with, the Minister may take any action required by the order. (2) Action may be taken on the Minister's behalf by an authorised officer or another person authorised by the Minister for the purpose. (3) A person taking action under this section may enter any relevant premises or vehicle at any reasonable time. (4) The reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the radiation protection order. (5) If an amount is recoverable from a person by the Minister under this section— (a) the Minister may, by notice given in the prescribed manner to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on any land owned by the person in relation to which the radiation protection order is registered under this Part. 57—Reparation orders (1) If the Minister is satisfied that a person has caused harm to people or the environment by— (a) a breach of the general duty of care; or (b) a contravention of a condition of an accreditation or authorisation; or (c) a contravention of this Act, the Minister may issue a reparation order requiring the person— (d) to take specified action within a specified period to make good any resulting damage to people or the environment; or (e) to make a payment or payments into an approved account to enable action to be taken to address any harm to people or the environment, or both. (2) A reparation order issued under this section— (a) may include requirements for action to be taken to prevent or mitigate further harm to people or the environment, or for a plan of action to be prepared to the satisfaction of the Minister; and (b) may include requirements for specified tests or monitoring; and (c) may include requirements for providing to the Minister specified results or reports; and (d) may include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and (e) in the case of an order requiring payment into an approved account—may require that payments must occur in accordance with a scheme specified by the Minister (either at the time of the making of the order or at a later time when the extent or impact of any action has been assessed or finally determined). (3) A reparation order issued under this section— (a) must be in the form of a notice given in the prescribed manner to the person to whom it is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) must state the grounds on which it is made with reasonable particularity; and (d) must state that the person may, within 14 days, appeal to the ERD Court against the order. (4) An authorised officer may, if of the opinion that urgent action is required to prevent or mitigate further harm, issue an emergency reparation order containing requirements of a kind referred to in subsection (2), other than a requirement for payment into an approved account. (5) An emergency reparation order may be issued orally but, in that event, the person to whom it is issued must be advised immediately of the person's right to appeal to the ERD Court against the order. (6) If an emergency reparation order is issued orally, the authorised officer who issued it must confirm it at the earliest opportunity (and in any event within 2 business days) by notice given in the prescribed manner to the person to whom it applies. (7) If an emergency reparation order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a reparation order issued, and given to the relevant person, in the prescribed manner. (8) The Minister or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an order issued under this section a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement. 58—Action on non‑compliance with reparation order (1) If the requirements of a reparation order are not complied with, the Minister may take any action required by the order. (2) Action taken by the Minister under subsection (1) may be taken on the Minister's behalf by an authorised officer or another person authorised by the Minister for the purpose. (3) A person taking action under this section may enter any relevant premises or vehicle at any reasonable time. (4) The reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the reparation order. (5) If an amount is recoverable from a person by the Minister under this section— (a) the Minister may, by notice given in the prescribed manner to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on any land owned by the person in relation to which the reparation order is registered under this Division. 59—Variation or revocation of orders The Minister may, by notice given in the prescribed manner to the person to whom a radiation protection order, radiation protection cessation order or reparation order has been issued under this Subdivision, vary or revoke the order. 60—Offences (1) A person to whom a radiation protection order, radiation protection cessation order or reparation order is issued must comply with the order. Maximum penalty: $100 000. Expiation fee: $3 000. (2) A person must not hinder or obstruct a person complying with a radiation protection order, radiation protection cessation order or reparation order issued under this Act. Maximum penalty: $100 000. 61—Reparation authorisations (1) If the Minister is satisfied that a person has caused harm to people or the environment by— (a) a breach of the general duty of care; or (b) a contravention of a condition of an accreditation or authorisation; or (c) a contravention of this Act, the Minister may issue a reparation authorisation (whether or not a reparation order has been issued to the person) under which authorised officers or other persons authorised by the Minister for the purpose may take specified action on the Minister's behalf to make good any harm to people or the environment. (2) A reparation authorisation may include authorisation for action to be taken to prevent or mitigate further harm to people or the environment. (3) A reparation authorisation issued under this section— (a) must be in the form of a notice given in the prescribed manner to the person alleged to have caused the harm as soon as practicable after the issuing of the reparation; and (b) must specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person); and (c) must state the grounds on which it is made with reasonable particularity. (4) The Minister may vary or revoke a reparation authorisation. (5) The Minister must, as soon as practicable after varying or revoking a reparation authorisation, give the person alleged to have caused the harm notice of the variation or revocation in the prescribed manner. (6) If a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply: (a) the Minister must issue the person with an instrument of authorisation; (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authorisation for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. (7) A person taking action under a reparation authorisation may enter any relevant premises or vehicle at any reasonable time. (8) The reasonable costs and expenses incurred by the Minister in taking action under a reparation authorisation may be recovered by the Minister as a debt from the person who caused the relevant harm. (9) If an amount is recoverable from a person by the Minister under this section— (a) the Minister may, by notice given in the prescribed manner to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on any land owned by the person in relation to which the reparation authorisation is registered under this Part. 62—Related matter A person cannot claim compensation from— (a) the Minister or the Crown; or (b) an authorised officer; or (c) a person acting under the authority of the Minister or an authorised officer, in respect of a requirement imposed under this Part or on account of any act or omission undertaken or made in the exercise (or purported exercise) of a power under this Part. 63—Registration of orders or authorisations by Registrar‑General (1) If— (a) the Minister issues an order or authorisation under this Part; and (b) the order or authorisation is issued in relation to an activity carried out on land, or requires a person to take action on or in relation to land, the Minister may apply to the Registrar‑General for the registration of the order or authorisation in relation to that land. (2) An application under this section must— (a) define the land to which it relates; and (b) comply with any requirement imposed by the Registrar‑General for the purposes of this section. (3) The Registrar‑General must— (a) on due application under subsection (2); and (b) on lodgement of a copy of the relevant order or authorisation, register the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar‑General thinks fit. (4) An order or authorisation registered under this section is binding on each owner and occupier from time to time of the land. (5) The Registrar‑General must, on application by the Minister, cancel the registration of an order or authorisation in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as the Registrar‑General thinks fit. (6) The Minister may, if the Minister thinks fit, apply to the Registrar‑General for cancellation of the registration of an order or authorisation under this section in relation to land, and must do so— (a) on revocation of the order or authorisation; or (b) in respect of— (i) an order— (A) on full compliance with the requirements of the order; (B) if the Minister has taken action under this Part to carry out the requirements of the order—on payment to the Minister of any amount recoverable by the Minister in relation to the action so taken; or (ii) an authorisation—on payment to the Minister of any amount recoverable by the Minister under this Part in relation to the action taken pursuant to the authorisation. 64—Effect of charge A charge imposed on land under this Part has priority over— (a) any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to registration under this Division of the relevant order or authorisation in relation to the land.