Subdiv 4Disposal of radioactive material

Subdivision 4—Disposal of radioactive material 64—Application of Subdivision This Subdivision does not apply in relation to— (a) the discharge from a place (other than a hospital, health service or veterinary service that located at registered premises or a radiation facility) into a sewerage system of a radioactive material contained in excreta from a person or animal undergoing medical diagnosis or treatment with a radioactive material; or (b) 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). 65—Prohibition on disposal of radioactive material without Minister's approval A person must not dispose of a radioactive material without the prior approval of the Minister. 66—Application for approval to dispose of unsealed radioactive material (1) An application for approval to dispose of unsealed radioactive material must be made by— (a) in the case of a material kept or handled in registered premises—the occupier of the registered premises; (b) in any other case—the owner of the material. (2) An application may relate to the disposal of 1 or more unsealed radioactive materials on 1 occasion or a proposal to dispose of more than 1 or a variety of unsealed radioactive materials on more than 1 occasion extending over a period of up to 12 months, or longer period as may be approved by the Minister, from the date of the approval. (3) An application must— (a) be in writing; and (b) specify the material or materials to be disposed of; and (c) contain details of the material or materials to be disposed of including their chemical and physical form and activities; and (d) contain details of the place or places where the material or materials will be disposed of; and (e) contain the approximate date or dates when the material or materials will be disposed of. 67—Application for approval to dispose of sealed radioactive source (1) An application for approval to dispose of a sealed radioactive source must be made by— (a) in the case of a registered source—the registered owner of the source; or (b) in any other case—the owner of the source. (2) An application may relate to the disposal of 1 or more sealed radioactive sources. (3) An application must— (a) be in writing; and (b) specify the source or sources to be disposed of; and (c) contain details of the source or sources to be disposed of including their chemical and physical form and the activity of such source or sources; and (d) contain details of the place or places where the source or sources will be disposed of; and (e) contain the approximate date or dates when the source or sources will be disposed of. 68—Minister's power to require applicant to supply further information Before the Minister determines an application for approval to dispose of a radioactive material— (a) the Minister may, by notice in writing, direct the applicant to supply the Minister with such further information as the Minister considers is necessary to enable the Minister to give full consideration to the application; and (b) the Minister must, if the Minister gives such a notice to the applicant, defer consideration of the application until the applicant has complied with the notice. 69—Matters to be taken into account by Minister in deciding application for approval The Minister may grant or refuse an application for approval to dispose of an unsealed radioactive material or a sealed radioactive source and, in deciding whether to grant or refuse such an application, must have regard to the following matters: (a) the nature of the material or source; (b) the activity of the material or source; (c) whether the material or source may be safely disposed of; (d) whether the method of disposal proposed by the applicant is appropriate; (e) whether the place at which it is proposed to dispose of the material or source is appropriate; (f) whether the proposed disposal will adversely affect the health of any person, any class of person or members of the public generally; (g) whether the proposed disposal is appropriate having regard to the radiation protection principle and the principles of ecologically sustainable development. 70—Approval of application (1) If the Minister grants an approval to a proposal to dispose of an unsealed radioactive material or a sealed radioactive source, the Minister may do so unconditionally or subject to such conditions as the Minister considers ought to be imposed so that the disposal is appropriate having regard to the radiation protection principle and the principles of ecologically sustainable development. (2) An approval of the Minister may relate to the disposal of 1 or more sealed radioactive sources or to 1 or more unsealed radioactive materials on 1 occasion, or to the disposal of more than 1 or a variety of unsealed radioactive materials on more than 1 occasion extending over a period of up to 12 months, or longer period as may be approved by the Minister, from the date of the approval. 71—Minister to notify applicant of decision on application (1) If the Minister approves an application to dispose of an unsealed radioactive material or a sealed radioactive source, the Minister must give the applicant notice in writing of the granting of the approval and of the precise nature of any conditions to which the approval is subject. (2) If the Minister refuses an application for approval to dispose of an unsealed radioactive material or a sealed radioactive source, the Minister must give the applicant notice in writing stating— (a) that the application is refused; and (b) the reasons for its refusal. 72—Minister's power to vary or impose conditions during currency of approval (1) The Minister may, at any time during the period for which an approval has been granted, by notice in writing given to the applicant— (a) vary any condition imposed on the approval; or (b) impose a condition on an approval that had been granted unconditionally; or (c) impose an additional condition on the approval. (2) An applicant must comply with a condition imposed on an approval. 73—Right to apply for reconsideration of decision refusing application or imposing or varying condition (1) If the Minister— (a) refuses an application; or (b) imposes a condition on an approval; or (c) varies a condition to which an approval is subject, the applicant may, within 14 days of receiving notice of the refusal or imposition or variation of conditions, apply to the Minister for a reconsideration of the Minister's decision. (2) An application for reconsideration must be in writing and set out fully any representations the applicant wishes to make in support of the application. (3) The Minister must, within 28 days of receiving an application, reconsider the decision the subject of the application and inform the applicant of the Minister's further decision. (4) In reconsidering an application the Minister must have regard to the matters contained in regulation 69 and to any written representations made by the applicant.