Part 10Miscellaneous

Part 10—Miscellaneous 117—Annual report For the purposes of section 17 of the Act, the following information is to be included in a report relating to the administration of the Act during a particular financial year: (a) an overview of the activities and operations of the Department; (b) a summary of authorisations issued during the year; (c) a summary of all radiation incidents investigated during the year; (d) a summary of prosecutions undertaken by the Department during the year. 118—Manner of Minister giving notices, directions (1) Notice by the Minister to a person under a designated provision of the Act must be given in writing and served in accordance with section 94 of the Act. (2) For the purposes of section 46(5)(b) of the Act, a direction may be given by notice in writing served in accordance with section 94 of the Act. (3) For the purposes of section 48(1) of the Act, notice of the grant of a permit must be given by the Minister in writing and served in accordance with section 94 of the Act. (4) Subject to these regulations, the Minister may give any direction or approval that is required by these regulations by notice in writing served, in accordance with section 94 of the Act, on the person to whom the notice is addressed. (5) In this regulation— designated provision, of the Act, means—section 25(6), 26(6), 27(6), 35(3), 36(3), 42(9)(b)(ii), 46(5)(b), 47(2), 48(1), 54(4)(a), 54(7), 55(4)(a), 56(5)(a), 57(3)(a), 57(7), 58(5)(a), 59, 61(3)(a), 61(5), 61(9)(a), 73(3)(a), 73(4), 96(1), or 96(3) of the Act. 119—Manner of authorised officer giving notice (1) Notice given by an authorised officer to a person under a designated provision of the Act must be given in writing and served in accordance with section 94 of the Act. (2) For the purposes of section 57(6), confirmation of an emergency reparation order must be given in writing and be served in accordance with section 94 of the Act. designated provision, of the Act, means—section 69(2), 71(1)(a) or 71(1)(b) of the Act. 120—Service A notice or other document required or authorised by these regulations to be served on or given to the Minister or the Department may be served or given— (a) by sending it by registered post addressed to the Department at: GPO Box 2607 Adelaide, South Australia, 5001; or (b) by leaving it at— (i) the office of the Environment Protection Authority at Level 2, 211 Victoria Square, Adelaide; or (ii) any other office specified by the Minister by notice in the Gazette, with a person who is apparently— (iii) over 16 years of age; and (iv) in the employment of the Department. 121—Default penalty on failure to pay annual fee For the purposes of section 35(3) of the Act, the penalty for a failure to pay an annual fee is $300 or 5% of the annual fee (whichever is higher) for each month (or part of a month) for which the default continues. 122—Interest on amounts recoverable by Minister under sections 56, 58, and 61 For the purposes of sections 56(5)(a), 58(5)(a) and 61(9)(a) of the Act, the prescribed rate of interest per year on an amount recoverable by the Minister but not paid within the period fixed by the Minister is 24% calculated in respect of each month (or part of a month) for which the amount remains unpaid. 123—Procedure for obtaining Minister's approval to destroy certain documents (1) A person seeking approval of the Minister to dispose of or destroy a document under regulation 90, 93 or 107 must apply to the Minister in writing. (2) The application must contain— (a) details of the document to be disposed of and the proposed manner of disposal; and (b) details of the document to be destroyed and the proposed manner of destruction; and (c) the reasons for the disposal or destruction. (3) The Minister may approve the application if satisfied that the document is not required for the purposes of the Act or these regulations. 124—Release of information obtained in administration of Act—prescribed body (1) For the purposes of section 98(2)(l) of the Act, ARPANSA is a prescribed body. (2) The Minister, the Department or the Committee may release to ARPANSA information relating to radiation incidents or radiation exposure records. 125—Register of accreditations, authorisations, exemptions and permits (1) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each radiation management licence: (a) the name of the licence holder; (b) the date of first issue of the licence; (c) the date of last renewal of the licence; (d) the current expiry date of the licence; (e) the conditions imposed on the licence; (f) if the licence authorises developmental testing operations, mining or mineral processing or the preparation of a site for, or the construction, establishment, control, operation, management, decommissioning, disposal or abandonment of, a radiation facility—the location of the operations or facility (as the case requires). (2) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each radiation use licence: (a) the name of the licence holder; (b) the conditions imposed on the licence; (c) the date the licence was first issued; (d) the most recent date upon which the licence was renewed; (e) the date the current licence expires. (3) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each registered premises: (a) the name of the registration holder; (b) the address of the registered premises; (c) a description sufficient to identify the premises at that address so registered; (d) the date the registration was first granted; (e) the most recent date upon which the registration was renewed; (f) the date the current registration expires; (g) the conditions imposed upon the registration. (4) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each registered sealed radioactive source and each registered radiation apparatus: (a) the name of the registered owner; (b) the make, model, and serial number of the apparatus and of the sealed radioactive source or the registrable device; (c) in the case of a sealed radioactive source—the radionuclide involved; (d) the conditions imposed upon the registration; (e) the date the registration was first granted; (f) the most recent date upon which the registration was renewed; (g) the date the current registration expires. (5) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each accreditation issued under the Act: (a) the name of the holder of the accreditation; (b) the business name and trading name (if applicable) under which the activities authorised by the accreditation are carried out; (c) the date of first issue of the accreditation; (d) the date of the most recent renewal of the accreditation; (e) the date of expiry of the accreditation; (f) the conditions of the accreditation. (6) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each exemption issued under section 76 of the Act: (a) in relation to an exemption granted exempting a specified person from compliance with specified provisions of the Act— (i) the name of the specified person; and (iii) the date of first issue of the exemption; and (iv) the expiry date of the exemption (if any); and (v) the conditions imposed on the exemptions; (b) in relation to an exemption granted in respect of a specified radiation source— (i) the name of the person granted the exemption; and (ii) details of the radiation source; and (iii) the provisions in relation to which the exemption applies; and (iv) the date of first issue of the exemption; and (v) the expiry date of the exemption (if any); and (vi) the conditions imposed on the exemptions; (c) in relation to an exemption granted in respect of specified premises— (i) the name of the person granted the exemption; and (iii) the address of the specified premises; and (iv) the type of premises; and (v) the date of first issue of the exemption; and (vi) the expiry date of the exemption (if any); and (vii) the conditions imposed on the exemption; (d) in relation to an exemption granted in respect of a specified class of person, radiation source or premises— (i) the class of person, radiation source or premises to which the exemption applies; and (iii) the date of commencement of the exemption; and (iv) the expiry date of the exemption (if any); and (v) the conditions imposed on the exemption. (7) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each permit issued under section 48 of the Act: (a) the name of the person granted the permit; (b) the date of first issue of the permit; (c) the expiry date of the permit; (d) the conditions imposed on the permit. (8) For the purposes of section 77(6)(c) of the Act, the protection of the health or safety of an individual is a prescribed reason. 126—Notice of defence For the purposes of section 87(1) of the Act, notice of an intention to rely on the general defence under Part 8 of the Act or any other defence under the Act is to be given by notice in writing in a form approved by the Minister with service in accordance with section 94 of the Act. 127—Office for inspection of documents For the purposes of section 98(10)(c) of the Act— (a) a code, standard, specification, guideline or other document referred to or adopted by the regulations; and (b) a standard, specification, guideline or other document referred to or incorporated by the regulations, or a code, standard or other document referred to or adopted by the regulations; may be inspected during normal office hours at— (c) the office of the Environment Protection Authority at Level 2, 211 Victoria Square, Adelaide; or (d) any other office specified by the Minister by notice in the Gazette.