Div 1Radiation management licences

Division 1—Radiation management licences 12—Testing for developmental purposes (1) For the purposes of section 18(2)(c) of the Act, the following operations are included within the ambit of that section: (a) the storage of radioactive minerals and ores associated with testing for developmental purposes; (b) the care and maintenance of facilities and equipment used in operations for testing for developmental purposes. (2) For the purposes of section 18(3) of the Act, the following classes of operations are prescribed: (a) developmental testing operations involving the processing of a prescribed radioactive material if— (i) the radioactive material is not subjected to a process of chemical treatment, hydrometallurgical treatment, pyrometallurgical treatment or electrometallurgical treatment; and (ii) the amount of radioactive material processed or generated is less than 10 t per month; (b) developmental testing operations involving the processing of a prescribed radioactive material if— (i) the radioactive material is subjected to a process of chemical treatment, hydrometallurgical treatment, pyrometallurgical treatment or electrometallurgical treatment; and (ii) the amount of radioactive material processed or generated is less than 10 t in any year; (c) developmental testing operations in respect of which the Minister has made a determination that in the Minister's opinion the operation will not, in any reasonably foreseeable circumstances (which may include circumstances involving the failure of control systems), result in an annual dose above 1 mSv per year to any person; (d) any other class of operations determined by the Minister by notice in the Gazette. (3) For the purposes of the definition of prescribed radioactive material in section 18(6) of the Act, the prescribed concentration of a naturally occurring radioactive element or compound is as follows: (a) in relation to a radionuclide in the Uranium decay chain—an activity concentration of 1 Bq/g; (b) in relation to a radionuclide in the Thorium decay chain—an activity concentration of 1 Bq/g; (c) in relation to the radionuclide K-40—an activity concentration of 10 Bq/g. 13—Mining or mineral processing operations (1) For the purposes of section 19(2)(c) of the Act, the care and maintenance of facilities and equipment used in operations for mining or mineral processing are included within the ambit of that section. (2) For the purposes of section 19(3) of the Act, the following classes of operations are prescribed: (a) operations for the mining or processing of a prescribed radioactive material in which the radioactive material is not subjected to a process of chemical treatment and the amount of the radioactive material processed is less than 10 tonnes per calendar month; (b) operations for the processing of a prescribed radioactive material in which the radioactive material is subjected to a process of chemical treatment including leaching, dissolution, solvent extraction or ion exchange and the amount of the radioactive material involved in the operation is less than 10 t in any 1 year; (c) operations for mining or mineral processing in respect of which the Minister has made a determination that in the Minister's opinion the operations will not, in any reasonably foreseeable circumstances (which may include circumstances involving the failure of control systems), result in an annual dose above 1 mSv per year to any person; (d) any other class of operations determined by the Minister by notice in the Gazette. (3) For the purposes of the definition of prescribed radioactive material in section 19(7) of the Act, the prescribed concentration of a naturally occurring radioactive element or compound is as follows: (a) in relation to a radionuclide in the Uranium decay chain—an activity concentration of 1 Bq/g; (b) in relation to a radionuclide in the Thorium decay chain—an activity concentration of 1 Bq/g; (c) in relation to the radionuclide K-40—an activity concentration of 10 Bq/g. 14—Radiation facilities—classes of persons not required to hold licence For the purposes of section 20(2) of the Act, a person is not required to hold a radiation management licence authorising activities of a kind referred to in section 20(1) of the Act in respect of a radiation facility if— (a) the person holds a radiation management licence authorising activities of a kind referred to in section 18(1) or 19(1) of the Act at that facility; or (b) the person is of a class determined by the Minister by notice in the Gazette. 15—Transport of radioactive material (1) For the purposes of section 21(2)(a) of the Act, the following circumstances are prescribed: (a) circumstances in which an individual transports radioactive material in respect of which the individual— (i) holds a radiation use licence authorising the use or handling of the radioactive material; and (ii) is not required under the Act to hold a radiation management licence authorising possession of the radioactive material; (b) any other circumstances determined by the Minister by notice in the Gazette. (2) For the purposes of section 21(2)(b) of the Act, a class of persons determined by the Minister by notice in the Gazette is a prescribed class of persons. (3) For the purposes of section 21(2)(b) of the Act, the following classes of radioactive materials are prescribed: (a) radioactive material that is, or is contained in, an excepted package; (b) radioactive material that is contained within the body of a person or animal (whether living or dead); (c) any other radioactive material to which the Transport Code does not apply; (d) radioactive elements or compounds that are present as a contaminant on the surface of an object, device or thing where— (i) the total prescribed concentration of the radioactive elements or compounds when averaged over an area of 300 cm² does not exceed— (A) in respect of beta and gamma emitters and low toxicity alpha emitters—4 Bq/cm²; and (B) in respect of any other alpha emitters—0.4 Bq/cm²; and (ii) the total activity of the radioactive elements or compounds does not exceed the prescribed amount as determined under regulation 8(2); (e) any other class of radioactive material determined by the Minister by notice in the Gazette. 16—Possession of radiation source (1) For the purposes of section 22(2)(a) of the Act, the following circumstances are prescribed: (a) circumstances in which a person is in possession of a category 4 or category 5 radiation source (as determined in accordance with the Code of Practice for the Security of Radioactive Sources) during, or for the purposes of, its transportation; (b) any other circumstances determined by the Minister by notice in the Gazette. (2) For the purposes of section 22(2)(b) of the Act, a class of persons determined by the Minister by notice in the Gazette is a prescribed class of persons. (3) For the purposes of section 22(2)(b) of the Act, the following classes of things are prescribed: (a) an article, device or other thing that only emits non-ionising radiation; (b) a radiation source that is an unsealed radioactive material listed in Schedule 4 clause 2, in the specified circumstances; (c) a radiation source that is a sealed radioactive source of a class prescribed by regulation 20 for the purposes of section 26(3) of the Act; (d) a radiation source that is apparatus of a class prescribed by regulation 21 for the purposes of section 27(2) of the Act; (e) a radiation source (other than an object contaminated by radioactive material on its surface) that only contains or is comprised of a radioactive material that is a prescribed low risk radioactive material; (f) an object contaminated by radioactive material on its surface if the activity of a radioactive element or compound contained in the radioactive material does not exceed the prescribed amount as determined under regulation 8(2); (g) Radon when present in air; (h) any other class of things determined by the Minister by notice in the Gazette.