Nuclear Regulatory Act
This Act may be cited as the Nuclear Regulatory Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 243
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Nuclear Regulatory Act. Defines "a nuclear facility or any other location that the authorized person has control over." Regulates the safe, secure and peaceful development, production, possession, use, storage, transport, transfer, disposal or handling of nuclear and radioactive materials, activities and facilities and other apparatus generating radiation. The Act applies to any person dealing with nuclear or radioactive material, activities, facilities or other apparatus generating radiation; the Authority may exempt any activity, facility or source from the Act. The Board may appoint professional and technical staff for the proper discharge of the Authority's functions, on terms determined by the Board with advice from the Salaries and Remuneration Commission.
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Provisions of Nuclear Regulatory Act
Showing 102 of 102
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
This Act may be cited as the Nuclear Regulatory Act.
Section 1. Short title Section This Act may be cited as the Nuclear Regulatory Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Defines "a nuclear facility or any other location that the authorized person has control over."
Section 2. Interpretation Section a nuclear facility or any other location that the authorized person has control over; - 3 Verify source ↗
PRELIMINARY - 3. Objects and purposes of the Act
Regulates the safe, secure and peaceful development, production, possession, use, storage, transport, transfer, disposal or handling of nuclear and radioactive materials, activities and facilities and other apparatus generating radiation.
Section 3. Objects and purposes of the Act Section regulate the safe, secure and peaceful development, production, possession, use, storage, transport, transfer, disposal or handling of nuclear and radioactive materials, activities and facilities and other apparatus generating radiation; and - 4 Verify source ↗
PRELIMINARY - 4. Application of the Act
The Act applies to any person dealing with nuclear or radioactive material, activities, facilities or other apparatus generating radiation; the Authority may exempt any activity, facility or source from the Act.
Section 4. Application of the Act Section 4(1) This Act shall apply to any person dealing with nuclear or radioactive material, activities or facilities and other apparatus generating radiation. Section 4(2) The Authority may, subject to the provisions of this Act, exempt any activity, facility or source from the application of this Act.
Part II
KENYA NUCLEAR REGULATORY AUTHORITY
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KENYA NUCLEAR REGULATORY AUTHORITY - 10. Staff of the Authority
The Board may appoint professional and technical staff for the proper discharge of the Authority's functions, on terms determined by the Board with advice from the Salaries and Remuneration Commission.
Section 10. Staff of the Authority Section The Board may appoint such professional and technical staff for the proper discharge of the functions of the Authority under this Act, on such terms and conditions of service as the Board may determine on the advice of the Salaries and Remuneration Commission. - 11 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 11. Conduct of business and affairs of the Board
The Board must follow the Schedule for conducting its business and must regulate its own procedures and those of its committees.
Section 11. Conduct of business and affairs of the Board Section The conduct and regulation of the business of the Board shall be as provided in the Schedule, but subject thereto, the Board shall regulate its own procedure and the procedure of any of its committees thereof. - 12 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 12. Remuneration of the Board
Members of the Board are entitled to be paid remuneration, fees or allowances as determined by the Cabinet Secretary.
Section 12. Remuneration of the Board Section The members of the Board shall be paid such remuneration, fees or allowances as the Cabinet Secretary, in consultation with the Salaries and Remuneration Commission, may determine. - 13 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 13. Protection from personal liability
Members, officers, employees and agents of the Authority are exempt from personal liability for actions done bona fide in executing the Authority’s functions, powers or duties.
Section 13. Protection from personal liability Section No matter or thing done by a member of the Authority or any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority, render the member, officer, employee or agent or any person acting by his directions personally liable to any action, claim or demand whatsoever. - 14 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 14. Liability of Authority for damages
The Authority remains liable to pay compensation or damages to any person for injuries to the person, their property, or interests caused by the exercise of powers under the Act or by failure of works.
Section 14. Liability of Authority for damages Section The provisions for this Act shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially, of any works. - 15 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 15. Common seal of the Authority
The Board may direct custody of the Authority's common seal and may authorize its affixing; instruments under the seal must be authenticated by the Director-General.
Section 15. Common seal of the Authority Section 15(1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall not be affixed to any instrument or document except as authorized by the Board. Section 15(2) All instruments or documents issued under the common seal of the Authority shall be authenticated under the hand of the Director-General. Section 15(3) The common seal of the Authority, when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given. - 5 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 5. Establishment of the Authority
Establishes the Kenya Nuclear Regulatory Authority and sets out that it may sue and be sued, acquire and dispose of property, borrow and lend money, enter into contracts, and perform other acts to further the Act; headquarters to be in Nairobi or another place determined by the Authority.
Section 5. Establishment of the Authority Section 5(1) There is hereby established an Authority to be known as the Kenya Nuclear Regulatory Authority. Section 5(2)(a) suing and being sued; Section 5(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 5(2)(c) borrowing money and lending money; Section 5(2)(d) entering into contracts; and Section 5(2)(e) performing all other acts for the furtherance of the provisions of this Act. Section 5(3) The headquarters of the Authority shall be in Nairobi or such other place as the Authority may, by resolution, determine - 6 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 6. Functions of the Authority
The Authority must ensure the safe, secure and peaceful use of nuclear science and technology.
Section 6. Functions of the Authority Section ensure the safe, secure and peaceful use of nuclear science and technology; - 7 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 7. Powers of the Authority
The Authority has the powers necessary to perform its functions, including controlling assets, making financial provisions, receiving grants, levying fees, associating with other bodies, opening bank accounts, investing funds (per section 20), holding inquiries and undertaking activities necessary to fulfill its functions.
Section 7. Powers of the Authority Section 7(1) The Authority shall have all the powers necessary for the execution of its functions under this Act and any other written law. Section 7(2)(a) control, supervise and administer all assets in such manner and for such purpose as best promotes the purpose of its establishment; Section 7(2)(b) determine the provisions to be made for its capital and recurrent expenditure and for its reserves; Section 7(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 7(2)(d) levy such fees as it may determine necessary; Section 7(2)(e) enter into association with other bodies or organizations within or outside Kenya as may be desirable or appropriate in furtherance of the purpose for which it is established; Section 7(2)(f) open bank accounts for its funds; Section 7(2)(g) invest any of its funds not immediately required for its purposes in the manner provided under section 20 ; Section 7(2)(h) hold inquiries and gather any relevant information including requisition of reports, records, documents and any information from any source including any state organ and to compel the production of such information where it considers necessary; and Section 7(2)(i) undertake any other activity that may be necessary for the fulfillment of any of its functions under this Act. Section 7(3)(a) protection of persons, property and the environment; Section 7(3)(b) national security; Section 7(3)(c) independence; Section 7(3)(d) responsibility and accountability; Section 7(3)(e) transparency; Section 7(3)(f) co-operation; and Section 7(3)(g) need not be bound by the strict rules of evidence. - 8 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 8. Composition of the Board
Lists the persons who compose the Board: a President‑appointed non‑executive Chairperson; specified Principal Secretaries (or their representatives); the Attorney‑General (or representative); three members appointed by the Cabinet Secretary with at least ten years' relevant experience; and the Director‑General as an ex officio member. The Board must appoint its own secretary.
Section 8. Composition of the Board Section 8(1)(a) a non-executive Chairperson who shall be appointed by the President; Section 8(1)(b) the Principal Secretary of the Ministry responsible for internal security or his or her representative; Section 8(1)(c) the Principal Secretary of the National Treasury or his or her representative; Section 8(1)(d) the Principal Secretary of the Ministry responsible for energy or his or her representative; Section 8(1)(e) the Principal Secretary of the Ministry responsible for education or his or her representative; Section 8(1)(f) the Principal Secretary of the Ministry responsible for health or his or her representative; Section 8(1)(g) the Principal Secretary of the Ministry responsible for defence or his or her representative; Section 8(1)(h) the Attorney-General or his or her representative; Section 8(1)(i) three members appointed by the Cabinet Secretary by virtue of their knowledge and experience of not less than ten years in matters relating to engineering, law, radiation or nuclear related science, environmental or public safety, or finance; and Section 8(1)(j) the Director-General, who shall be an ex officio member. Section 8(2) The Board shall appoint its own secretary. - 9 Verify source ↗
KENYA NUCLEAR REGULATORY AUTHORITY - 9. Director-General
Creates the position of Director-General as the Authority's chief executive; the Director-General manages day-to-day affairs subject to Board directions; the Board appoints the Director-General and determines the terms and conditions of service.
Section 9. Director-General Section 9(1) There shall be a Director-General who shall be the chief executive officer of the Authority appointed by the Board and whose terms and conditions of service shall be determined by the Board in the instrument of appointment or otherwise in writing from time to time. Section 9(2)(a) has at least a degree in either physical science, nuclear science, engineering, law, social sciences or any other relevant field; and Section 9(2)(b) has at least ten years' experience at management level. Section 9(3) The Director-General shall, subject to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Authority.
Part III
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 16. Funds for the Authority
The Authority's funds comprise monies allocated by the National Assembly, assets or monies accruing from its powers/functions, and monies from other sources (including loans, grants or donations); the Authority must open a bank account and year‑end balances must not be paid into the Consolidated Fund but must be retained for the purposes of this Act in accordance with Article 206(1)(a) and (b) of the Constitution.
Section 16. Funds for the Authority Section 16(1)(a) monies allocated by the National Assembly for the purposes of the Authority; Section 16(1)(b) such monies or assets as may accrue to the Authority in the course of exercise of its powers, or in the performance of its functions under this Act; and Section 16(1)(c) monies from other sources including loans, grants, or donations to the Authority. Section 16(2) The Authority shall open a bank account for its funds and its balances at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained for the purposes of this Act in accordance with Article 206 (1) (a) and (b) of the Constitution. - 17 Verify source ↗
FINANCIAL PROVISIONS - 17. Financial year
The financial year of the Authority is the period of twelve months ending on 30 June each year.
Section 17. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth of June of every year. - 18 Verify source ↗
FINANCIAL PROVISIONS - 18. Annual estimates
The Board must prepare annual revenue and expenditure estimates at least three months before each financial year; the Authority must approve those estimates before the year starts and submit them to the Cabinet Secretary for approval.
Section 18. Annual estimates Section 18(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 18(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Authority; Section 18(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Authority; Section 18(2)(c) the maintenance, repair and replacement of the equipment and other property of the Authority; Section 18(2)(d) implementation of the regulatory control programme; and Section 18(2)(e) any other expenditure as may be necessary for the carrying out of the objects and functions of the Authority under this Act. Section 18(3) The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval. Section 18(4) No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under subsection (3). - 19 Verify source ↗
FINANCIAL PROVISIONS - 19. Accounts and Audit
The Board must ensure that the Authority keeps all proper books and records of account for its income, expenditure, assets and liabilities.
Section 19. Accounts and Audit Section 19(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Authority. Section 19(2)(a) a statement of income and expenditure during the year; and Section 19(2)(b) a statement of the assets and liabilities of the Authority as on the last day of that year. Section 19(3) The annual accounts of the Authority shall be prepared, audited, and reported upon in accordance with the Public Audit Act (Cap. 412B). - 20 Verify source ↗
FINANCIAL PROVISIONS - 20. Investment of funds
The Authority may invest its funds in securities, trust funds, or banks approved by the National Treasury.
Section 20. Investment of funds Section The Authority may invest any of its funds in securities, trust funds or banks which the National Treasury may from time to time, approve for that purpose.
Part IV
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT
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REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 21. Notifications
Anyone who intends to engage in any activity must submit a notification to the Authority of that intention.
Section 21. Notifications Section 21(1) A person who intends to engage in any activity shall submit a notification to the Authority of his intention to carry out such activity. Section 21(2) The Authority shall prescribe by regulations a notification regime prescribing the form, manner and time limits within which the notification shall be made. - 22 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 22. Authorization
The Authority may authorize activities or exempt them from regulatory control; contravening the section is an offence punishable by a fine up to five million shillings or up to five years imprisonment.
Section 22. Authorization Section 22(1)(a) specifically authorized by the Authority; or Section 22(1)(b) exempted, wholly or partially from regulatory control, by the Authority. Section 22(2)(a) a detailed description of the activity, nuclear or radioactive material, its intended use and the facility in which it shall be used; Section 22(2)(b) a description of the radiation protection measures and for physical protection of the nuclear or radioactive material or facility; Section 22(2)(c) a plan for the management of radioactive waste resulting from the use of nuclear or radioactive material; and Section 22(2)(d) proof of payment of prescribed fees. Section 22(3)(a) only for activities that can be conducted in a manner that adequately ensures the protection of people, property and the environment; and Section 22(3)(b) upon such other terms and conditions as may be prescribed. Section 22(4) A person who contravenes this section commits an offence and is liable upon conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or to both. - 23 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 23. Categories for authorization
The Authority may establish categories of authorization for activities and may require authorized persons to submit reports when requested.
Section 23. Categories for authorization Section 23(1) The Authority may establish categories of authorization for any activity for a specified period and subject to the terms and conditions specified in the authorization. Section 23(2) The Authority may require an authorized person to submit such reports as the Authority may from time to time request. - 24 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 24. Suspension, revocation or modification of an authorization
Section 24 lists grounds for suspension, revocation or modification of authorizations; prohibits transfer of responsibilities arising from an authorization without the Authority's written approval; and says an authorization ceases when prescribed time limits lapse or its terms expire.
Section 24. Suspension, revocation or modification of an authorization Section 24(1)(a) a contravention of this Act; Section 24(1)(b) violation of the terms and conditions of the authorization; or Section 24(1)(c) any circumstance where the Authority determines that continued activity under the authorization would pose a risk to people, property or the environment. Section 24(2) A responsibility arising out of an authorization under this Act shall not be transferred unless with the written approval of the Authority. Section 24(3) An authorization shall cease to be valid when any time limit prescribed under the provisions of this Act lapses or the terms and conditions of the authorization expire. - 25 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 25. Primary responsibility for safety
A person authorized to carry out an activity must take primary responsibility for conducting the activity safely and securely and for ensuring compliance with this Act and applicable regulations.
Section 25. Primary responsibility for safety Section A person authorized to conduct an activity shall have the primary responsibility for the safe and secure conduct of the activity and for ensuring compliance with this Act and all applicable regulations. - 26 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 26. Right of review of a decision
Persons aggrieved by an Authority decision may apply to the Authority for review; applications must be filed within thirty days of communication; the Authority must decide within sixty days of receipt; filing does not suspend the decision; applicants may seek court redress.
Section 26. Right of review of a decision Section 26(1) A person aggrieved by a decision of the Authority under this Part shall have the right to apply to the Authority for a review of the decision. Section 26(2) An application for review under subsection (1) shall be filed with the Authority within thirty days of communication of the decision and shall state the factual, legal and procedural ground on which it is based. Section 26(3) The Authority shall within sixty days of receipt of an application for review, make a finding and communicate the same to the authorized person. Section 26(4) An application for review under this section shall not have the effect of suspending the decision by the Authority. Section 26(5) Nothing under this section stops an applicant from seeking alternative means of redress in a court of law. - 27 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 27. Inspection objectives and programmes
The Authority must establish a planned and systematic inspection programme of routine and reactive inspections (announced and unannounced) to monitor compliance with the Act and regulations.
Section 27. Inspection objectives and programmes Section 27(1)(a) facilities and activities meet the necessary regulatory requirements; Section 27(1)(b) relevant documents and instructions to authorized persons are valid and are being complied with by the authorized persons, employees or agents; Section 27(1)(c) persons engaged in authorized activities possess the competence necessary for their functions; Section 27(1)(d) deficiencies and deviations from authorization requirements are remedied without undue delay; and Section 27(1)(e) lessons learnt from authorized activities are communicated to other authorized persons, the Authority and any other relevant persons. Section 27(2) The Authority shall establish a planned and systematic inspection programme consisting of routine and reactive inspections that are announced and unannounced to monitor compliance with this Act and all applicable regulations. - 28 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 28. Appointment of inspectors
The Authority must, by notice in the Gazette, appoint persons with prescribed qualifications to be inspectors for the jurisdiction specified in the notice.
Section 28. Appointment of inspectors Section 28(1) The Authority shall, by notice in the Gazette appoint persons of such qualifications as may be prescribed, to be inspectors for the jurisdiction specified in the notice of appointment. Section 28(2)(a) monitor compliance with the provisions of this Act and all applicable regulations; and Section 28(2)(a)(i) monitor compliance with the provisions of this Act and all applicable regulations; and Section 28(2)(a)(ii) compile and submit reports of inspection to the Authority; and Section 28(2)(b) perform such other functions as the Authority may deem necessary. - 29 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 29. Powers of inspectors
Inspectors have the power to enter any facility when they have reason to believe entry is necessary to determine compliance with the Act.
Section 29. Powers of inspectors Section enter any facility which he has reason to believe is necessary in order to ascertain whether the provisions of this Act are being complied with; - 30 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 30. Enforcement
Inspectors may order suspension, prohibit unqualified workers, secure radioactive material, or take other prescribed enforcement actions; inspectors who take enforcement action must prepare a report; the report must be made available to the authorized person who may submit explanations or objections; the Authority may prescribe circumstances requiring prior approval by the Authority before an inspector acts.
Section 30. Enforcement Section 30(1)(a) immediately order the temporary suspension of the activity; Section 30(1)(b) order the authorized person to prohibit workers who do not meet applicable requirements from engaging in the activity; Section 30(1)(c) order that nuclear material, radioactive material or any other apparatus generating ionizing radiation originating from a suspended activity or facility be safely and securely stored; and Section 30(1)(d) take any other action as may be prescribed under the provisions of this Act. Section 30(2)(a) withdrawn by the inspector; Section 30(2)(b) reversed or modified by the Authority; or Section 30(2)(c) modified or altered through an administrative or judicial review. Section 30(3) An inspector who undertakes any enforcement action specified in subsection (1) shall prepare a report indicating the reasons for his action and identifying the evidentiary basis for his findings including measurements, test samples, explanations and any other relevant information. Section 30(4) The report prepared under subsection (3) shall be made available to the authorized person who shall have the right to submit explanations or objections within the time specified by the Authority. Section 30(5) The Authority may prescribe the circumstances under which the prior approval of the Authority shall be obtained by an inspector prior to taking any of the actions specified in subsection (1). - 31 Verify source ↗
REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT - 31. Oversight role by the Authority
The Authority must review objections to reports and issue necessary orders, ensure measures against contraventions, and may require an authorized person to suspend activities where there is an immediate safety or security hazard until remedied.
Section 31. Oversight role by the Authority Section 31(1)(a) where the report is accompanied by objections, review the objections and issue such orders as may be necessary; and Section 31(1)(b) ensure that relevant measures have been taken against the persons contravening the provisions of the Act. Section 31(2)(a) remedy compliance as directed by the Authority or as soon as practically possible; and Section 31(2)(b) prevent recurrence. Section 31(3) The Authority may, where the case presents an immediate safety or security hazard to people, property or the environment, require the authorized person to suspend its activities until the situation has been remedied.
Part IX
EMERGENCY PREPAREDNESS AND RESPONSE
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EMERGENCY PREPAREDNESS AND RESPONSE - 57. Role of the Authority
The Authority defines the criteria for classification of emergencies.
Section 57. Role of the Authority Section define the criteria for classification of emergencies; - 58 Verify source ↗
EMERGENCY PREPAREDNESS AND RESPONSE - 58. Failure by an applicant to develop an emergency preparedness and response plan
The Authority shall not authorize any activity, operation, facility, or possession or use of a source unless an appropriate emergency preparedness and response plan has been developed by the applicant and approved by the Authority.
Section 58. Failure by an applicant to develop an emergency preparedness and response plan Section The Authority shall not authorize any activity, operation, facility, or possession or use of a source unless an appropriate emergency preparedness and response plan has been developed by the applicant and approved by the Authority. - 59 Verify source ↗
EMERGENCY PREPAREDNESS AND RESPONSE - 59. Emergency preparedness and response
Facilities, activities, or sources must have on-site and off-site emergency plans in the prescribed form and manner; plans must include specified assessments and analyses and be periodically reviewed as directed by the Authority.
Section 59. Emergency preparedness and response Section 59(1) An on-site and off-site emergency plan shall be prepared in the prescribed form and manner for any facility, activity, or source. Section 59(2)(a) an assessment of the nature, likelihood and potential magnitude of resulting damage, including the population and territory at risk from an accident, malicious act or incident; and Section 59(2)(b) the results of any accident analyses and any lessons learnt from the experience or incidents and accidents that have occurred in connection with similar activities. Section 59(3) Emergency preparedness and response plans shall be periodically reviewed as directed by the Authority. - 60 Verify source ↗
EMERGENCY PREPAREDNESS AND RESPONSE - 60. Implementation of emergency preparedness and response plan
An authorized person must implement the approved emergency preparedness and response plan in the event of a nuclear or radiological emergency.
Section 60. Implementation of emergency preparedness and response plan Section The authorized person shall, in the event of a nuclear or radiological emergency, implement the emergency preparedness and response plan as approved by the Authority. - 61 Verify source ↗
EMERGENCY PREPAREDNESS AND RESPONSE - 61. Trans-boundary nuclear or radiological emergency
The Authority must immediately notify the IAEA and any State that may be physically affected if a nuclear or radiological emergency risks cross-border radioactive contamination, and must serve as the point of contact for information or assistance under relevant international instruments.
Section 61. Trans-boundary nuclear or radiological emergency Section 61(1) In the event of a nuclear or radiological emergency that poses a risk that radioactive contamination could spread beyond the boundaries of the Republic of Kenya, the Authority shall immediately notify the International Atomic Energy Agency and the relevant authorities of any State which is or may be physically affected by a release that could be of a radiological nature. Section 61(2) The Authority shall serve as the point of contact for providing any information or assistance regarding nuclear or radiological emergencies under the terms of relevant international instruments. - 62 Verify source ↗
EMERGENCY PREPAREDNESS AND RESPONSE - 62. Information to public about plan
Every authorized person must regularly inform the public and the Authority about the significant facts of its emergency preparedness and response plan.
Section 62. Information to public about plan Section Every authorized person shall regularly inform the public and the Authority about the significant facts of its emergency preparedness and response plan.
Part V
RADIATION PROTECTION
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RADIATION PROTECTION - 32. Regulatory control for radiation protection
Section 32 sets out regulatory control objectives for radiation protection: practices must be justified, protection optimized, mechanisms must ensure dose limits are not exceeded where they apply, and persons must be protected from harmful effects of ionizing radiation; it also describes criteria under which regulatory control is not warranted.
Section 32. Regulatory control for radiation protection Section 32(1)(a) justify every radiation practice and prove that its benefits outweigh the health detriment to the people and environment; Section 32(1)(b) optimize the radiation protection of people and the environment in such a way that exposures, are as low as reasonably achievable, taking into account economic and social factors; Section 32(1)(c) put mechanisms in place to ensure dose limits are not exceeded for practices where such limits apply; and Section 32(1)(d) ensure the protection of persons from the harmful effects of exposure to ionizing radiation. Section 32(2)(a) the radiation risk for persons is sufficiently low to be of no regulatory concern; Section 32(2)(b) the collective radiological impact is sufficiently low that regulatory control is not warranted; and Section 32(2)(c) the source or activity is considered to be inherently safe, with no likelihood of creating situations that could result in a failure to meet the criteria in paragraphs (a) or (b). - 33 Verify source ↗
RADIATION PROTECTION - 33. Radiation protection requirements
Authorizations of activities by the Authority are subject to radiation protection requirements including understanding radiation protection principles; protecting workers, patients and public by keeping doses below relevant thresholds; implementing safety measures and emergency plans; ensuring dose-limit compliance and monitoring; having adequate resources; not modifying activities without the Authority's written approval; and providing information on request.
Section 33. Radiation protection requirements Section 33(1) An authorization of an activity by the Authority under this Act shall be subject to the radiation protection requirements set out in subsection (2). Section 33(2)(a) possess an adequate understanding of the fundamental principles of radiation protection, justification, optimization and dose limitation; Section 33(2)(b) take all steps necessary for the protection and safety of workers, patients and the public by keeping doses below the relevant threshold and ensuring that all reasonable steps are taken to minimize adverse effects on the population, at present and in the future; Section 33(2)(c) plan and implement the technical and organizational measures necessary to ensure adequate safety, including effective defenses against radiological hazards; Section 33(2)(d) prepare and implement an appropriate emergency plan; Section 33(2)(e) ensure compliance with the dose limits established by the Authority and monitor the radiation exposure of workers; Section 33(2)(f) possess adequate human and financial resources to conduct the proposed activity in a manner that ensures safety and security; Section 33(2)(g) not modify the conduct of any authorized activity in a manner that could affect the protection of workers, patients and the public or the environment without seeking the written approval of the Authority; and Section 33(2)(h) provide upon request by the Authority, all information considered to be necessary by the Authority. - 34 Verify source ↗
RADIATION PROTECTION - 34. Consumer products
Consumer products may only be offered to the public if their public use has been justified and they have been either exempted or authorized by the Authority.
Section 34. Consumer products Section 34(1) No consumer products shall be offered to the public unless their use by members of the public has been justified and either their use has been exempted or their provision to the public has been authorized by the Authority. Section 34(2)(a) verify compliance with the provisions of this Act and applicable regulations; Section 34(2)(b) verify the assessments and selection parameters presented by the applicant; Section 34(2)(c) determine whether the end use of the product can be exempted; and Section 34(2)(d) if necessary, authorize the provision to the public of the consumer product subject to specific conditions of authorization or exempt the consumer product. Section 34(3) A person who imports consumer products, as exempt products shall ensure the products are packaged and labelled in a manner as prescribed by the Authority. Section 34(4) A person who contravenes this section commits an offence and is liable upon conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years, or to both. - 35 Verify source ↗
RADIATION PROTECTION - 35. Medical exposure
Medical exposures must meet specified conditions, authorized persons must minimize accidental exposure, and accidental exposures must be reported; contravention is an offence punishable by fine or imprisonment.
Section 35. Medical exposure Section 35(1)(a) the radiological procedure has been requested by an appropriately qualified and registered clinician or medical practitioner within their respective care level; Section 35(1)(b) responsibility has been assumed for ensuring protection and safety; and Section 35(1)(c) the person subject to the exposure has been informed of the expected benefits and risks and has consented to the exposure. Section 35(2) Every authorized person shall ensure that all practicable measures have been taken to minimize the likelihood of unintended or accidental medical exposure. Section 35(3) Where unintended or accidental radiation exposure occurs, the authorized person shall implement corrective action and report to the Authority. Section 35(4) A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both. - 36 Verify source ↗
RADIATION PROTECTION - 36. Intended radiological exposures with transboundary effects
Authorized persons who undertake activities likely to cause public exposure in neighbouring States must notify the Authority; the Authority must in turn notify the neighbouring State. Failure to notify is an offence punishable by a fine up to ten million shillings or imprisonment up to ten years or both.
Section 36. Intended radiological exposures with transboundary effects Section 36(1) Where an authorized person undertakes an activity likely to cause public exposure to neighboring States, the authorized person shall notify the Authority of the intended activity. Section 36(2) Upon receipt of a notification under subsection (1), the Authority shall notify the neighbouring State of the intended activity. Section 36(3) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding ten years or to both.
Part VI
SAFETY OF RADIATION SOURCES AND FACILITIES
- 37 Verify source ↗
SAFETY OF RADIATION SOURCES AND FACILITIES - 37. Control of radiation sources
Establish a system of control over radiation sources to ensure they are safely managed and securely protected during and at the end of their useful lives.
Section 37. Control of radiation sources Section establish a system of control over radiation sources to ensure they are safely managed and securely protected during and at the end of their useful lives; and - 38 Verify source ↗
SAFETY OF RADIATION SOURCES AND FACILITIES - 38. Responsibility for radiation sources
An authorized person must bear primary responsibility for ensuring the safe and secure use of radiation sources.
Section 38. Responsibility for radiation sources Section An authorized person shall bear the primary responsibility for ensuring the safe and secure use of radiation sources. - 39 Verify source ↗
SAFETY OF RADIATION SOURCES AND FACILITIES - 39. National register for radiation sources
Establish and maintain a national register of radiation sources.
Section 39. National register for radiation sources Section establish and maintain a national register of radiation sources; - 40 Verify source ↗
SAFETY OF RADIATION SOURCES AND FACILITIES - 40. Reports on loss of a radiation sources
Reports on loss of radiation sources or loss of control over radiation sources.
Section 40. Reports on loss of a radiation sources Section loss of control over radiation sources, or any other situation; or - 41 Verify source ↗
SAFETY OF RADIATION SOURCES AND FACILITIES - 41. Orphan sources
Establish a system for recovery and safe management of orphan sources.
Section 41. Orphan sources Section establish a system for recovery and safe management of orphan sources; - 42 Verify source ↗
SAFETY OF RADIATION SOURCES AND FACILITIES - 42. Mining and milling licences
The Authority must develop requirements and guidelines to be met before issuing mining and milling licences for uranium, thorium or other radioactive elements.
Section 42. Mining and milling licences Section 42(1) The Authority shall develop requirements and guidelines to be met before the issuance of a mining and milling license in relation to uranium, thorium or other radioactive elements. Section 42(2)(a) exploration; Section 42(2)(b) removal from site for testing and evaluation; Section 42(2)(c) excavation activities at site; Section 42(2)(d) siting and construction of the mine; Section 42(2)(e) operation of the mine and processing facility; Section 42(2)(f) transport; Section 42(2)(g) waste management; and Section 42(2)(h) decommissioning of the mine.
Part VII
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING
- 43 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 43. Authorization of nuclear facilities
People intending to carry out activities related to a nuclear facility must obtain authorization from the Authority; authorization is required for siting, construction, operation and decommissioning; the Authority must inform and consult the public; contravention is an offence with fines or imprisonment.
Section 43. Authorization of nuclear facilities Section 43(1) A person who intends to carry out an activity related to a nuclear facility shall obtain an authorization from the Authority. Section 43(2) An authorization under this section shall be required for the siting, construction, operation and decommissioning of a nuclear facility. Section 43(3)(a) nuclear facility design; Section 43(3)(b) siting; Section 43(3)(c) construction; Section 43(3)(d) commissioning; Section 43(3)(e) operation; Section 43(3)(f) decommissioning; Section 43(3)(g) remediation; and Section 43(3)(h) such other activity relating to construction and operation, as may be necessary. Section 43(4)(a) nuclear power plants; Section 43(4)(b) research reactors; and Section 43(4)(c) other nuclear facilities. Section 43(5) An application for authorization under this section shall be in such form and manner as may be prescribed. Section 43(6) The Authority shall ensure that the general public is informed and consulted at appropriate steps during the authorization process of a nuclear facility. Section 43(7) Any person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both. - 44 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 44. Responsibility for safety of facilities and activies
The authorized person must ensure the safety and security of the facility and all associated activities.
Section 44. Responsibility for safety of facilities and activies Section The authorized person shall bear the primary responsibility for ensuring safety and security of the facility and all activities associated with it. - 45 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 45. Site evaluation
A person applying for a site authorization for a nuclear power plant must prepare a site evaluation report in accordance with subsection (2).
Section 45. Site evaluation Section 45(1) A person applying for a site authorization for a nuclear power plant shall prepare a site evaluation report in accordance with subsection (2). Section 45(2)(a) the frequency and severity of external natural and human induced events and phenomena that could affect the safety of the facility; Section 45(2)(b) the foreseeable evolution of natural and man-made factors in the region that may have a bearing on safety for a time period that encompasses the projected lifetime of the facility; Section 45(2)(c) the hazards associated with external events that are to be considered in the design of the facility, including the potential combined effects of hydrological, hydrogeological and meteorological conditions; Section 45(2)(d) particulars relating to safety such as the storage and transport of nuclear material; Section 45(2)(e) the possible non-radiological impact of the facility, due to chemical or thermal releases, and the potential for explosion and dispersion of chemical products; Section 45(2)(f) the potential for interactions between nuclear and non-nuclear effluents; Section 45(2)(g) the potential radiological impacts in operational states and conditions on people in the region, including impacts that could lead to emergency measures or potential impacts outside the territory of the Republic of Kenya; Section 45(2)(h) total nuclear capacity to be installed on the site, with provision for re-evaluation of the site if the installed capacity is to be significantly increased beyond the level assessed in a previous site evaluation; and Section 45(2)(i) such other matters as may be prescribed. - 46 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 46. Authorization for construction and operations
Section 46. Authorization for construction and operations Section 46(1)(a) the competence and capability of the applicant or authorized person to meet relevant authorization requirements during construction and operation; Section 46(1)(b)
Section 46. Authorization for construction and operations Section 46(1)(a) the competence and capability of the applicant or authorized person to meet relevant authorization requirements during construction and operation; Section 46(1)(b) the site evaluation report, prepared pursuant to the provisions of this Act, to confirm its acceptability, and related information needed for the design of the proposed facility; Section 46(1)(c) the potential environmental impact of the proposed facility; Section 46(1)(d) the basic design of the proposed facility, to confirm that it can meet relevant safety, security and physical protection requirements; Section 46(1)(e) the management systems of the applicant or authorized person; Section 46(1)(f) research and development plans related to demonstration of the acceptability of the design; and Section 46(1)(g) arrangements for decommissioning and management of radioactive waste including financial mechanisms therefor. Section 46(2)(a) the development of the facility design through documentation submitted by the authorized person to determine its continued acceptability; and Section 46(2)(b) the progress of research and development activities related to demonstration of the acceptability of the design. Section 46(3)(a) the commissioning programme and, if needed, establish a schedule for further review and assessment prior to operation; Section 46(3)(b) as-built design and construction and manufacturing quality of the facility; Section 46(3)(c) results of non-nuclear commissioning tests; Section 46(3)(d) limits and conditions for operation during commissioning, with a staged approach, if necessary; Section 46(3)(e) provisions for radiation protection; Section 46(3)(f) adequacy of operating instructions and procedures, especially the main administrative procedures, general operating procedures and emergency operating procedures; Section 46(3)(g) recording and reporting systems; Section 46(3)(h) arrangements for training and qualification of facility personnel, including staffing levels and fitness for duty requirements; Section 46(3)(i) management systems for operation; Section 46(3)(j) emergency preparedness programme; Section 46(3)(k) accounting measures for nuclear and radioactive material; Section 46(3)(l) adequacy of physical protection measures; Section 46(3)(m) arrangements for periodic testing, maintenance, inspection and control of modifications and surveillance; Section 46(3)(n) arrangements for decommissioning and management of radioactive waste; Section 46(3)(o) results of commissioning tests; and Section 46(3)(p) limits and conditions for operation. Section 46(4)(a) the review and assessment of changes in operational limits and conditions or of significant safety related modifications, to be conducted prior to their authorization; and Section 46(4)(b) periodic reviews in every ten years or as the Authority may otherwise direct, of the operator's compliance with relevant terms and conditions related to the facility's safety and physical protection. - 47 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 47. Extended shutdown for reactors
An authorized person must prepare a technical preservation programme for any research reactor that enters into or continues in a state of extended shutdown; the Authority must ensure safe management of such a reactor.
Section 47. Extended shutdown for reactors Section 47(1) An authorized person shall prepare in accordance with subsection (2), a technical preservation programme for any research reactor that enters into or continues in a state of extended shutdown. Section 47(2)(a) arrangements for ensuring that the reactor core remains subcritical; Section 47(2)(b) procedures and measures to disconnect, dismantle and preserve the systems that are to be taken out of operation or temporarily dismantled; Section 47(2)(c) modifications of the safety analysis report and the operational limits and conditions; Section 47(2)(d) arrangements for dealing with the fuel and radioactive waste; Section 47(2)(e) regular surveillance and periodic inspection, testing and maintenance to ensure that the safety performance of structures, systems and components does not degrade; Section 47(2)(f) revised emergency planning arrangements; Section 47(2)(g) staffing requirements to undertake the tasks necessary to keep the reactor in a safe condition and to maintain knowledge about the research reactor; and Section 47(2)(h) arrangements for the security of the reactor and the facility. Section 47(3) The Authority shall ensure the safe management of a reactor that is in extended shutdown. - 48 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 48. Decommissioning requirements
The Authority must not release a facility from regulatory control until the authorized person has demonstrated the decommissioning end state and met any additional regulatory requirements.
Section 48. Decommissioning requirements Section 48(1)(a) establish requirements for the decommissioning of nuclear facilities where radioactive sources are produced, used or stored in accordance with subsection (2); Section 48(1)(b) perform a baseline survey of the site, including radiological conditions, prior to construction; and Section 48(1)(b)(i) perform a baseline survey of the site, including radiological conditions, prior to construction; and Section 48(1)(b)(ii) develop information prior to construction for comparison with the end state after decommissioning; Section 48(1)(c) ensure that relevant documents and records prepared by the authorized person are maintained for a specified period of time before, during and after decommissioning; Section 48(1)(d) establish criteria for determining when a nuclear facility or part of a facility must be permanently shut down; and Section 48(1)(e) evaluate the end state of the facility after decommissioning activities have been completed to ensure that relevant regulatory requirements have been met. Section 48(2)(a) safety and environmental criteria, including conditions on the end state of decommissioning; Section 48(2)(b) limits and conditions for the removal of regulatory controls for facilities containing radionuclides; Section 48(2)(c) criteria for the clearance of radioactive material during and following decommissioning; and Section 48(2)(d) such other requirements as may be prescribed. Section 48(3) A facility shall not be released by the Authority from regulatory control until the authorized person has demonstrated that the end state in the decommissioning plan has been reached and that any other additional regulatory requirements have been met. - 49 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 49. Decommissioning plan
Applicants for authorization must prepare an initial decommissioning plan at the design stage for approval by the Authority; the plan must be commensurate with facility type/status and hazards, provide public review, require periodic reviews and updates, require revisions for significant changes, require a final plan before implementation, and ensure a programme for sites where decommissioning is complete but restrictions remain.
Section 49. Decommissioning plan Section 49(1) At the design stage of facilities, the applicant for an authorization to construct and operate a facility shall prepare an initial decommissioning plan for approval by the Authority. Section 49(2) The plan prepared under subsection (1) shall be commensurate with the type and status of the facility and the hazards that may be associated with its decommissioning. Section 49(3)(a) ensure that the public and interested parties are provided with an opportunity to review and comment upon the decommissioning plan prior to its approval; Section 49(3)(b) require the authorized person to provide periodic reviews and updates of the decommissioning plan and shall specify the maximum time interval between such reviews and updates; Section 49(3)(c) where specific circumstances result in significant changes to the initial decommissioning plan, require the authorized person, to revise and update the plan to reflect these changed circumstances and submit it to the Authority for approval; Section 49(3)(d) require that a final decommissioning plan be prepared and submitted for approval prior to the implementation phase of decommissioning activities; and Section 49(3)(e) ensure that a programme to implement and monitor compliance with remaining regulatory requirements has been established for sites where decommissioning has been completed but where authorizations or restrictions on future use of the site remain. Section 49(4) The Authority shall, upon completion of decommissioning, ensure that appropriate records for confirmation of the completion of decommissioning activities are maintained in accordance with the approved decommissioning plan including the records of the premises and of the disposal of radioactive waste and material. - 50 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 50. Decommissioning responsibilities
Decommissioning responsibilities ensuring safety, security and environmental protection, including activities conducted by contractors or subcontractors.
Section 50. Decommissioning responsibilities Section ensuring safety, security and environmental protection, including any activities conducted by contractors or subcontractors; - 51 Verify source ↗
SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING - 51. Finances for decommissioning
Applicants for authorization to construct and operate a nuclear facility must ensure adequate financial resources for safe decommissioning and waste management; those resources must be commensurate with facility-specific cost estimates, adjusted if estimates change, and reviewed during periodic reviews of the decommissioning plan.
Section 51. Finances for decommissioning Section 51(1) An applicant for an authorization to construct and operate a nuclear facility shall ensure that adequate financial resources will be available when needed to cover the costs associated with safe decommissioning, including management of the resulting waste. Section 51(2)(a) be commensurate with a facility specific cost estimate; Section 51(2)(b) be changed if the cost estimate increases or decreases; and Section 51(2)(c) be reviewed as part of the periodic review of the decommissioning plan.
Part VIII
DECOMMISSIONING FUND
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DECOMMISSIONING FUND - 52. Establishment of the Fund
Establishes a fund called the Decommissioning Fund.
Section 52. Establishment of the Fund Section There is established a fund to be known as the Decommissioning Fund. - 53 Verify source ↗
DECOMMISSIONING FUND - 53. Sources of funds for the Fund
Defines the sources of funds for the Fund as all moneys appropriated by the National Assembly, or paid into, or allocated to the Fund under any other Act.
Section 53. Sources of funds for the Fund Section all moneys appropriated by the National Assembly, or paid into, or allocated to the Fund under the provisions of any other Act; - 54 Verify source ↗
DECOMMISSIONING FUND - 54. Administration of the Fund
The Authority must administer the Fund.
Section 54. Administration of the Fund Section The Fund shall be administered by the Authority. - 55 Verify source ↗
DECOMMISSIONING FUND - 55. Functions of the Fund
Section 55. Functions of the Fund Section decommissioning under the Act; and
Section 55. Functions of the Fund Section decommissioning under the Act; and - 56 Verify source ↗
DECOMMISSIONING FUND - 56. Other matters to be prescribed
Regulations made under subsection (1) must be laid before Parliament.
Section 56. Other matters to be prescribed Section 56(1)(a) the administrative operations of the Fund; and Section 56(1)(b) the financial requirements for decommissioning. Section 56(2) Regulations made under subsection (1) shall be laid before Parliament.
Part X
TRANSPORTATION OF RADIOACTIVE MATERIAL
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TRANSPORTATION OF RADIOACTIVE MATERIAL - 63. Transport of radiactive material
The Authority must make regulations for the transportation of radioactive material.
Section 63. Transport of radiactive material Section 63(1) The Authority shall make regulations for transportation of radioactive material in accordance with international standards. Section 63(2)(a) protect persons, property and the environment; Section 63(2)(b) meet the obligations under relevant international instruments ratified or acceded to by Kenya; Section 63(2)(c) support international cooperation in the safe, secure and peaceful uses of nuclear science and technology; and Section 63(2)(d) support international efforts to prevent the proliferation of nuclear weapons, explosive and radiological dispersal devices. - 64 Verify source ↗
TRANSPORTATION OF RADIOACTIVE MATERIAL - 64. Offences relating to transport
It is an offence for a person to design, operate, maintain, transport, or cause/permit the transport of nuclear material or radiation sources in packaging or packages otherwise than in accordance with this Act; conviction may result in a fine not exceeding five million shillings or imprisonment not exceeding five years or both.
Section 64. Offences relating to transport Section 64(1)(a) undertake the design of any packaging or package; Section 64(1)(b) operate or maintain any packaging or package; or Section 64(1)(c) transport, or cause or permit to be transported in any packaging or package, any nuclear material or radiation source, otherwise than in accordance with the provisions of this Act. Section 64(2) A person who contravenes the provisions of subsection (1) commits an offence and is liable on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or to both. - 65 Verify source ↗
TRANSPORTATION OF RADIOACTIVE MATERIAL - 65. Duty to exercise reasonable care by carrier
Every carrier of a consignment must exercise reasonable care during transport to prevent injury to health or damage to property or the environment.
Section 65. Duty to exercise reasonable care by carrier Section Without prejudice to any other provision under this Act, every carrier of a consignment shall exercise reasonable care to ensure that in the course of the transport of a consignment, no injury to health or any damage to property or to the environment is caused. - 66 Verify source ↗
TRANSPORTATION OF RADIOACTIVE MATERIAL - 66. Radiation protection transport plan
Every carrier must establish a radiation protection transport plan for use when transporting nuclear material or radiation sources.
Section 66. Radiation protection transport plan Section 66(1) Every carrier shall establish a radiation protection transport plan for application during transportation of nuclear material or radiation sources. Section 66(2)(a) take into account the nature and extent of the measures to be taken in respect of the likelihood and magnitude of radiation exposures or environmental contamination; and Section 66(2)(b) adopt a structured and systematic approach including consideration of the interfaces between the mode of transport and other activities. Section 66(3) Any person who contravenes this section commits an offence and shall is liable on conviction to a fine not exceeding five million shillings or to an imprisonment for a term not exceeding five years, or to both. - 67 Verify source ↗
TRANSPORTATION OF RADIOACTIVE MATERIAL - 67. Emergency response in transportation
A carrier must apply its radiation protection transport plan, as approved by the Authority, in the event of an accident or incident during transportation of nuclear material or a radiation source.
Section 67. Emergency response in transportation Section 67(1) In the event of an accident or incident during the transportation of a nuclear material or radiation source, a carrier shall apply its radiation protection transport plan as approved by the Authority. Section 67(2) Emergency response procedures shall take into account the formation of other dangerous substances that may result from the reaction between the contents of a consignment and the environment in the event of an accident. - 68 Verify source ↗
TRANSPORTATION OF RADIOACTIVE MATERIAL - 68. Segregation of material
During transport, every consignment is segregated from any other dangerous goods.
Section 68. Segregation of material Section during transport every consignment is segregated from any other dangerous goods; and
Part XI
EXPORT AND IMPORT CONTROLS
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EXPORT AND IMPORT CONTROLS - 69. Controlled items
The Authority must establish a list of controlled items subject to export or import controls.
Section 69. Controlled items Section 69(1) The provisions of this Part shall be applied to ensure controls over the export and import of nuclear materials, nuclear related equipment and technology all of which shall be referred to as controlled items for the purposes of this Part. Section 69(2) The Authority shall establish a list of controlled items subject to export or import controls and in accordance with international obligations and commitments of the Republic of Kenya. - 70 Verify source ↗
EXPORT AND IMPORT CONTROLS - 70. Export licensing criteria
A person must not export a controlled item without a prior licence from the Authority.
Section 70. Export licensing criteria Section 70(1) A person shall not export a controlled item without prior license by the Authority. Section 70(2)(a) the receiving State has disclosed the use of and made a binding commitment to use the controlled item for peaceful uses only; Section 70(2)(b) levels of physical protection of the controlled item is consistent with those set forth in the Convention on the Physical Protection of Nuclear Materials; Section 70(2)(c) International Atomic Energy Agency Safeguards shall be applicable in relation to the controlled item; Section 70(2)(d) transfers of previously exported controlled items to a third State are subject to the prior approval by the Authority; and Section 70(2)(e) any reprocessing of the controlled item is subject to the approval by the Authority. - 71 Verify source ↗
EXPORT AND IMPORT CONTROLS - 71. Import licensing criteria
Import licensing criterion: a controlled item must not be otherwise prohibited under this Act.
Section 71. Import licensing criteria Section controlled item is not otherwise prohibited under this Act; and - 72 Verify source ↗
EXPORT AND IMPORT CONTROLS - 72. Illicit trafficking
Illicit trafficking: receiving, possessing, using, transferring, transporting, disposing or dispersing a nuclear material or radiation source that causes or is likely to cause death, serious injury, or damage to property or the environment.
Section 72. Illicit trafficking Section receives, possess, uses, transfers, transports, disposes or disperses a nuclear material or radiation source and which causes or is likely to cause death or serious injury to any person or damage to property or environment; or
Part XII
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT
- 73 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 73. Scope and principles of radioactive waste and spent fuel management
This Act applies to management of any radioactive waste and spent fuel from civilian applications in the Republic of Kenya, but does not apply to waste containing only naturally occurring radioactive material unless declared as radioactive waste by the Authority.
Section 73. Scope and principles of radioactive waste and spent fuel management Section 73(1) This Act shall apply to the management of any radioactive waste and spent fuel resulting from civilian applications in the Republic of Kenya, but shall not apply to waste that contains only naturally occurring radioactive material, unless it is declared as radioactive waste for the purposes of this Act by the Authority. Section 73(2)(a) that people, property and the environment are adequately protected against radiological and other hazards; Section 73(2)(b) generation of radioactive waste is kept to the minimum practicable; Section 73(2)(c) interdependence among the different steps of radioactive waste and spent fuel management is taken into account; Section 73(2)(d) protective measures for radioactive waste and spent fuel management in the Republic of Kenya are implemented in a manner that reflects internationally recognized criteria, standards and guidance; Section 73(2)(e) biological, chemical and other hazards that may be associated with radioactive waste and spent fuel management are adequately addressed; Section 73(2)(f) criticality and removal of residual heat generated during radioactive waste and spent fuel management are adequately addressed; Section 73(2)(g) actions imposing reasonably predictable impacts on future generations greater than those permitted for the current generation are avoided; and Section 73(2)(h) appropriate funding arrangements are in place. - 74 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 74. Responsibility for radioactive wast and spent fuel management
The holder of the relevant authorization is primarily responsible for ensuring the safety and security of radioactive waste and spent fuel throughout management activities inside or outside a facility for the entire lifecycle.
Section 74. Responsibility for radioactive wast and spent fuel management Section 74(1) The primary responsibility for ensuring the safety and security of radioactive waste and spent fuel in a radioactive waste or spent fuel management inside or outside a facility throughout its life rests with the holder of the relevant authorization. Section 74(2)(a) generation of the activity and volume of radioactive waste are kept to the minimum practicable level by suitable design, operation and decommissioning of its facilities; Section 74(2)(b) radioactive waste is managed by appropriate classification, segregation, treatment, conditioning, storage or disposal, and maintaining records of such activities; Section 74(2)(c) management of radioactive waste is not unnecessarily delayed; and Section 74(2)(d) information sought by the Authority is furnished as requested. - 75 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 75. Classification of radioactive waste
The Authority must establish a classification of radioactive waste to ensure the safe and secure management of radioactive waste in Kenya.
Section 75. Classification of radioactive waste Section The Authority shall establish a classification of radioactive waste to ensure the safe and secure management of radioactive waste in Kenya. - 76 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 76. Waste management plan
Every authorized person must submit a waste management plan to the Authority for approval before an authorisation is granted.
Section 76. Waste management plan Section 76(1) Every authorized person shall submit a waste management plan to the Authority for approval prior to the grant of an authorisation. Section 76(2)(a) an outline of the processes generating waste, and a description of the waste generated; Section 76(2)(b) a description of the environment into which the waste will be discharged or disposed, including the baseline radiological characteristics; Section 76(2)(c) a description of the proposed system for waste management including the facilities and procedures involved in the handling, transportation, treatment, storage or disposal of radioactive waste; Section 76(2)(d) prediction of environmental concentrations of radionuclide and radiation doses to people from the proposed waste management practices, including demonstration of adherence to the radiation protection requirements under this Act; Section 76(2)(e) a program for monitoring the concentration of radionuclides in the environment and assessment of radiation doses to members of the public arising from the waste management practices; Section 76(2)(f) emergency plans for dealing with accidental releases, or circumstances which might lead to uncontrolled releases of radioactive waste, to the environment; Section 76(2)(g) a schedule for reporting on the operation and results of monitoring and assessments required by this plan; Section 76(2)(h) a plan for decommissioning the operation and the associated waste management facilities and remediation of the site; and Section 76(2)(i) a system of periodic assessment and review of the adequacy and effectiveness of procedures instituted under the plan to ensure currency and to take account of potential improvements consistent with best practicable technology. Section 76(3) For the purposes of this section "radioactive waste" includes spent fuel. - 77 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 77. Offences relating to radioactive waste and spent fuel
Persons must not store, manage, transfer or dispose of radioactive waste without an authorization; applications for authorization must be in the prescribed form and manner; authorized persons must minimise generation and environmental impact of radioactive waste; contravention of the prohibition is an offence punishable by a fine not exceeding five million shillings or imprisonment for a term not exceeding five years, or both.
Section 77. Offences relating to radioactive waste and spent fuel Section 77(1) A person shall not store, manage, transfer or dispose of radioactive waste without an authorization from the Authority. Section 77(2) An application for an authorization to store, manage, transfer or dispose of radioactive waste shall be in the prescribed form and manner. Section 77(3) Every authorized person shall take appropriate measures to keep generation of radioactive waste and its environmental impact to the minimum practicable. Section 77(4) Any person who contravenes subsection (1) commits an offence, and is liable upon conviction to a fine not exceeding five million shillings or to an imprisonment for a term not exceeding five years, or to both. - 78 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 78. Collection, segregation and characterization of radioactive waste
An authorized person must ensure that selecting a processing method improves safety through the use of a matrix material and ensures compatibility of the radioactive waste with chosen materials and processes.
Section 78. Collection, segregation and characterization of radioactive waste Section 78(1)(a) radioactive waste is collected, segregated, characterized and packaged at the point of origin in accordance with the classification and packaging system established under this Act; Section 78(1)(b) the selected radioactive waste packages are compatible with planned storage or disposal options and also meet the prescribed radioactive waste acceptance criteria; and Section 78(1)(c) the waste packages are designed and produced so that radionuclides are confined under both normal and accident conditions. Section 78(2) In selecting a method of processing radioactive waste, an authorized person shall ensure that safety will be improved from the use of a matrix material and compatibility of the radioactive waste with the selected materials and processes. - 79 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 79. Discharge of radioactive waste
Authorized persons must ensure non-radiological hazards of released radioactive waste comply with other written-law requirements, and must ensure radioactive waste storage protects people, property and the environment.
Section 79. Discharge of radioactive waste Section 79(1)(a) such discharge is within the limits specified in the authorization and is carried out in a controlled manner using authorized methods; or Section 79(1)(b) the discharge is confirmed to be below the radioactivity clearance level prescribed by the Authority. Section 79(2)(a) keep radioactive discharges below the authorized limits as is reasonably achievable; Section 79(2)(b) monitor and record the discharges of radionuclides with sufficient detail and accuracy to demonstrate compliance with the authorized discharge limits and to permit estimation of the exposure of the critical group; Section 79(2)(c) report discharges to the Authority at intervals as specified by the Authority and as may be determined from time to time; and Section 79(2)(d) report as soon as practically possible to the Authority of any discharges exceeding the authorized limits. Section 79(3) Every authorized person shall ensure that non-radiological hazards of the released radioactive waste comply with the requirements of any other written law concerning those hazards. Section 79(4) Every authorized person shall ensure radioactive waste is stored in such a way as to protect persons, property and the environment. - 80 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 80. Authorization to operate a radioactive waste and spent fuel management facility
Authorization to operate a radioactive waste and spent fuel management facility must meet safety requirements for protection of persons, property and the environment through appropriate planning for siting, design, construction, operation and maintenance, including provisions for eventual retrieval of the waste.
Section 80. Authorization to operate a radioactive waste and spent fuel management facility Section meet safety requirements for the protection of persons, property and the environment by appropriate planning for the siting, design, construction, operation and maintenance of the respective facility, including provisions for eventual retrieval of the waste; and - 81 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 81. Radioactive waste imports
Radioactive waste and spent fuel generated outside Kenya must not be imported into Kenya for any purpose.
Section 81. Radioactive waste imports Section Radioactive waste and spent fuel generated outside the territory of Kenya shall not be imported into Kenya for any purpose. - 82 Verify source ↗
RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT - 82. Radioactive waste exports
Exports of radioactive waste and spent fuel from Kenya are allowed only with authorization by the Authority.
Section 82. Radioactive waste exports Section 82(1) Radioactive waste and spent fuel generated within the Republic of Kenya may be exported only upon authorization by the Authority. Section 82(2) Radioactive waste and spent fuel shall not be authorized for export to a destination south of latitude 60 degrees for storage or disposal. Section 82(3)(a) the importing State has been notified of the transfer of radioactive waste and spent fuel prior to its receipt and has consented to such transfer; Section 82(3)(b) movement of the intended exported material shall be conducted in conformity with relevant international obligations in all States through which the material will transit; and Section 82(3)(c) the importing State possesses the regulatory infrastructure and technical capacity necessary to manage the exported radioactive waste and spent fuel. Section 82(4) If an authorized export of radioactive waste or spent fuel cannot be completed in compliance with the provisions of this Act, the radioactive waste or spent fuel shall be re-imported into the Kenya unless alternative safe and secure arrangements can be made.
Part XIII
SAFEGUARDS
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SAFEGUARDS - 83. Peaceful uses
Nuclear material in Kenya must be used only for peaceful purposes; control, manufacture, acquisition or seeking assistance for nuclear weapons or related explosive devices is not allowed; contravening these rules is an offence punishable by a fine up to ten million shillings or imprisonment up to twenty years or both.
Section 83. Peaceful uses Section 83(1) All the nuclear material in Kenya shall be used exclusively for peaceful purposes and in accordance with this Act. Section 83(2) No direct or indirect control of nuclear weapons and other nuclear related explosive devices, the manufacture or otherwise acquisition of such weapons or devices and the seeking of assistance in the manufacture of nuclear weapons or other nuclear related explosive devices, shall be allowed in Kenya. Section 83(3) Any person who contravenes the provisions of subsections (1) or (2) commits an offence, and is liable upon conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding twenty years or to both. - 84 Verify source ↗
SAFEGUARDS - 84. Application of safeguards
The Authority must cooperate with the International Atomic Energy Agency to implement the safeguards under this Part.
Section 84. Application of safeguards Section 84(1)(a) ensure the implementation of the obligations of Kenya arising from ratified international treaties and conventions; Section 84(1)(b) collect and provide to the applicable international entity information required to fully implement Kenya's international and national obligations; Section 84(1)(c) facilitate entry into, access within the Republic of Kenya and offer necessary support to designated inspectors of the applicable international entity; and Section 84(1)(d) ensure all agencies of the Government of Kenya and authorized persons cooperate fully with the applicable international and national entities in application of safeguard measures. Section 84(2) The Authority shall cooperate with the International Atomic Energy Agency in the implementation of the safeguards under this Part. - 85 Verify source ↗
SAFEGUARDS - 85. Safeguard inspections
Inspectors of the Authority and designated inspectors of the applicable international entity are entitled to access facilities for verification; persons performing activities subject to the safeguards regime must allow the Authority and designated inspectors to carry out measures necessary to achieve compliance.
Section 85. Safeguard inspections Section 85(1) An inspector of the Authority and a designated inspector of the applicable international entity shall have access to any facility or location as provided for under the safeguards regime with a view of conducting verification activities. Section 85(2) Any person performing activities subject to the safeguards regime shall allow the Authority and designated inspectors of the applicable international entity to carry out any measures they consider necessary for achieving compliance with safeguard measures. - 86 Verify source ↗
SAFEGUARDS - 86. Designation of inspectors
The Authority must approve the designation to Kenya of inspectors proposed by the applicable international entity.
Section 86. Designation of inspectors Section The Authority shall be responsible for approving the designation to Kenya of inspectors proposed by the applicable international entity. - 87 Verify source ↗
SAFEGUARDS - 87. State system of accounting for and control of nuclear material
Establishes a state system for accounting for and control of nuclear material and a system for measurement of nuclear material.
Section 87. State system of accounting for and control of nuclear material Section a system for the measurement of nuclear material; - 88 Verify source ↗
SAFEGUARDS - 88. Information requirements for research and development activities related to the nuclear fuel cycle
Before starting research and development related to the nuclear fuel cycle, any person must provide the Authority with information and data necessary for compliance with the Safeguards Agreement or its protocols.
Section 88. Information requirements for research and development activities related to the nuclear fuel cycle Section Any person intending to carry out research and development activities related to the nuclear fuel cycle, shall prior to commencement, provide to the Authority information and data necessary for compliance subject to the Safeguards Agreement or any protocol thereto.
Part XIV
NUCLEAR SECURITY AND PHYSICAL PROTECTION
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NUCLEAR SECURITY AND PHYSICAL PROTECTION - 89. Threat assessment processes
The Authority must coordinate threat assessments carried out by national security institutions, and every authorized person must implement security measures according to the threat identified.
Section 89. Threat assessment processes Section 89(1) The Authority shall co-ordinate threat assessment to be done by the national security institutions. Section 89(2) Every authorized person shall ensure security measures are put in place in accordance with the threat identified under subsection (1). - 90 Verify source ↗
NUCLEAR SECURITY AND PHYSICAL PROTECTION - 90. Primary responsibility for physical protection
Authorized persons are primarily responsible for ensuring the physical protection of nuclear and radioactive materials and related facilities under their control; the Authority must issue guidelines on protection from unauthorized access, illicit trafficking, or sabotage of such materials and facilities.
Section 90. Primary responsibility for physical protection Section 90(1) An authorized person is primarily responsible for ensuring the physical protection of nuclear material, radioactive material and related facilities under its control. Section 90(2)(a) notify the Authority without delay of the incident and circumstances thereof; Section 90(2)(b) provide a written report, including particulars, to the Authority as soon as practicable after giving notice; and Section 90(2)(c) provide the Authority with any additional information as may be requested. Section 90(3) The Authority shall issue guidelines to on protection from attempted or actual unauthorized access of or illicit trafficking of nuclear and radioactive materials or sabotage of their associated facilities. - 91 Verify source ↗
NUCLEAR SECURITY AND PHYSICAL PROTECTION - 91. International co-operation and assistance
The Authority must notify affected States and the relevant international entity and coordinate recovery, response, and information-sharing in cases of unlawful taking or threats involving nuclear material.
Section 91. International co-operation and assistance Section 91(1) In the event of an unlawful taking or threat of unlawful taking of nuclear material, the Authority shall take appropriate steps as soon as possible to inform other States that may be affected of the circumstances of the incident and the relevant international entity. Section 91(2) The Authority shall be the lead authority responsible for co-ordinating recovery and response in the event of any theft or unlawful taking of nuclear material. Section 91(3) In the event of an unlawful taking of nuclear material, the Authority shall be responsible for determining the necessary co-ordination, co-operation and assistance arrangements in the recovery and protection of such materials as agreed with any State or international organization that so requests. Section 91(4) The Authority shall provide information on incidents involving unlawful taking of nuclear material, equipment and technology to the applicable international entity. - 92 Verify source ↗
NUCLEAR SECURITY AND PHYSICAL PROTECTION - 92. Restrictions
Persons are prohibited from interfering with, removing, altering, damaging, or rendering ineffective security measures protecting nuclear or radioactive material, except for lawful removal, transport or technical service.
Section 92. Restrictions Section 92(1) A person shall not interfere with, remove, alter, damage, or render ineffective any security measures stipulated to secure nuclear or radioactive material except for lawful removal, transport or technical service. Section 92(2) Any person who contravenes the provisions of subsection (1) commits an offence. - 93 Verify source ↗
NUCLEAR SECURITY AND PHYSICAL PROTECTION - 93. Protection of confidential information
Certain information issued to or sought by the Authority is confidential and may not be disclosed except with the Authority's written permission; authorized persons and other persons are prohibited from disclosing or using security-related information for unlawful purposes, and contravention is an offence punishable by a fine up to five million shillings or imprisonment up to five years or both.
Section 93. Protection of confidential information Section 93(1) Any information issued to or sought by the Authority under this Act is confidential and shall not be disclosed unless with the written authority of the Authority. Section 93(2) An authorized person shall not disclose any information that is prejudicial to security of a nuclear facility or nuclear material unless with the written authority of the Authority. Section 93(3) No person shall use information relating to the security of a nuclear facility or material for an unlawful purpose or to further an unlawful purpose or intent. Section 93(4) A person who contravenes the provisions of this section commits an offence, and is liable upon conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or to both. - 94 Verify source ↗
NUCLEAR SECURITY AND PHYSICAL PROTECTION - 94. Offences relating to nuclear facilities
A person must not use, damage or interfere with a nuclear facility with intent to cause death, bodily harm, property or environmental damage; doing so is an offence punishable by a fine up to ten million shillings or imprisonment for up to twenty years or both.
Section 94. Offences relating to nuclear facilities Section A person who uses or damages a nuclear facility, or interferes in whatever manner with its operation with the intent to cause death or bodily harm, damage to property or environment by compelling a person to do or refrain from doing an act commits an offence and is liable upon conviction, to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding twenty years or to both.
Part XV
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 95. Offences by employees and agents
An employer or principal is liable for an offence committed by an employee or agent, unless the employer or principal proves the employee was not acting on instruction or authority.
Section 95. Offences by employees and agents Section An employer or principal shall be liable for an offence committed by an employee or agent under this Act, unless the employer or principal proves that the employee was not acting on instruction or authority. - 96 Verify source ↗
MISCELLANEOUS PROVISIONS - 96. General penalty
If someone contravenes the Act and no penalty is specified, that person, on conviction, may be fined up to one million shillings or imprisoned for up to twelve months or both.
Section 96. General penalty Section Where a contravention of any of the provisions of this Act is made for which no fine or penalty is expressly stated, the person so defaulting shall, on conviction, be liable to a fine not exceeding one million shillings or to an imprisonment for a term not exceeding twelve months or to both. - 97 Verify source ↗
MISCELLANEOUS PROVISIONS - 97. Appointment of procecutors
The Director of Public Prosecutions may, on the request of the Authority, gazette any officer of the Authority as a public prosecutor to prosecute offences under this Act.
Section 97. Appointment of procecutors Section The Director of Public Prosecutions may, on the request of the Authority, gazette any officer of the Authority to be a public prosecutor for the purposes of prosecuting offences under this Act. - 98 Verify source ↗
MISCELLANEOUS PROVISIONS - 98. Regulations
The Authority must, in consultation with the Cabinet Secretary, make regulations to carry out the objects of the Act.
Section 98. Regulations Section 98(1) The Authority shall, in consultation with the Cabinet Secretary, make regulations for the better carrying out of the objects of this Act. Section 98(2)(a) the development, production and use of nuclear energy; Section 98(2)(b) mining, production, refinement, conversion, enrichment, processing, reprocessing, possession, import, export, use, packaging, transport, management, storage, or disposal of a nuclear material; Section 98(2)(c) design, inspection during production or installation, production, possession, storage, import, export, use, decommissioning, or disposal of prescribed equipment; Section 98(2)(d) production, possession, transfer, storage, import, export, use, disclosure or restriction of disclosure of prescribed information; Section 98(2)(e) applications for an authorization under this Act; Section 98(2)(f) design, siting, construction, installation, operation, maintenance, modification, decommissioning, abandonment or disposal of a nuclear facility or part of a nuclear facility; Section 98(2)(g) protection of persons, property and the environment, from any risks associated with the facilities and activities carried out under this Act; Section 98(2)(h) non-ionizing radiation exposure; Section 98(2)(i) establishing classes of persons and prescribing, in respect of each class, the radiation dose limits to which members of that class may be exposed; Section 98(2)(i)(i) establishing classes of persons and prescribing, in respect of each class, the radiation dose limits to which members of that class may be exposed; Section 98(2)(i)(ii) prescribing the circumstances under which any or all members of a class of persons may be exposed to a dose of radiation exceeding any of the limits prescribed for that class of persons; and Section 98(2)(i)(iii) establishing measures for protection of persons from exposure to radiation; Section 98(2)(j) duties that may be performed by a person employed in nuclear facility or other place in which a nuclear material is produced, used, possessed, packaged, transported, stored or disposed of and the manner and circumstances in which the person's terms and conditions of employment may be varied; Section 98(2)(j)(i) duties that may be performed by a person employed in nuclear facility or other place in which a nuclear material is produced, used, possessed, packaged, transported, stored or disposed of and the manner and circumstances in which the person's terms and conditions of employment may be varied; Section 98(2)(j)(ii) the information that a person so employed is required to provide to their employer or to a dosimetry service provider in order to measure or monitor the dose of radiation to which the person is exposed; Section 98(2)(j)(iii) medical examinations or tests and the circumstances under which they are to be conducted on persons so employed; and Section 98(2)(j)(iv) measures that must be undertaken by employers of persons so employed and licensees of such a nuclear facility; Section 98(2)(k) prescribing the fees that may be charged by the Authority, on information, products and services or for the programmes that it establishes and maintains; Section 98(2)(l) prescribing the fees payable for various authorizations; Section 98(2)(m) qualifications for, and the training and examination of, inspectors and other persons authorized under this Act; Section 98(2)(n) measures to ensure the maintenance of national security and compliance with Kenya's international obligations in the development, production and use of nuclear energy and the production, use, possession, packaging, transport, storage and disposal of nuclear materials, prescribed equipment and prescribed information; Section 98(2)(o) measures to implement Kenya's international obligations regarding the development, production and use of nuclear energy, including prescribing the manner in which the conditions under which access to a nuclear facility, nuclear material or prescribed information shall be granted to prescribed persons; Section 98(2)(p) establishing requirements to be complied with by any person who possesses, uses, packages, transport, stores or disposes of a nuclear substance or prescribed equipment or who locates, designs, constructs, installs, operates, maintains, modifies, decommissions or abandons a nuclear facility or nuclear-powered vehicle; Section 98(2)(q) the form of certificates of inspectors and designated officers; Section 98(2)(r) the procedure for certifications and decertification of prescribed equipment; Section 98(2)(s) establishing classes of nuclear facilities; Section 98(2)(t) the provision of any radiation protection services; Section 98(2)(u) radioactivity levels in foodstuff and consumer products; Section 98(2)(v) licensing process for export or import of controlled items, including end-user controls; Section 98(2)(w) the form of notices required by this Act and the manner in which they are to be given; Section 98(2)(x) the exemption of any activity, persons, class of persons or quantity of nuclear material, temporarily or permanently, from the application of this Act or the regulations thereunder; and Section 98(2)(y) prescribe anything that is required to be prescribed by this Act and generally any other matter necessary for carrying out the purposes of this Act.
Part XVI
TRANSITIONAL PROVISIONS
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TRANSITIONAL PROVISIONS - 100. Authority to be successor of Radiation Protection Board
The Kenya Nuclear Regulatory Authority shall be the successor to the Radiation Protection Board and, subject to this Act, all the Board's rights, duties, obligations, assets, budget and liabilities shall be transferred to the Authority.
Section 100. Authority to be successor of Radiation Protection Board Section The Kenya Nuclear Regulatory Authority established under section 5 of this Act, shall be the successor to the Radiation Protection Board established by the Radiation Protection Act (No. 20 of 1982) (Repealed) and subject to this Act, all rights, duties, obligations, assets, budget and liabilities of the Radiation Protection Board existing at the commencement of this Act shall be automatically and fully transferred to the Kenya Nuclear Regulatory Authority. - 101 Verify source ↗
TRANSITIONAL PROVISIONS - 101. Transfer of staff
Employees of the former Radiation Protection Board who were government employees immediately before this Act are to be treated as employees of the Authority upon commencement; those employees are given an option, on commencement, to elect to serve in the Authority or to be redeployed in the Public Service within a period of one year.
Section 101. Transfer of staff Section 101(1) A person who, immediately before the commencement of this Act, was an employee of the Government and who was serving at the former Radiation Protection Board shall, upon the commencement of this Act, be deemed to be an employee of the Authority. Section 101(2) Despite subsection (1), all the employees of the Government who were serving at the former Radiation Protection Board shall upon the commencement of this Act be given an option to elect to serve in the Authority or be redeployed in the Public Service within a period of one year. - 102 Verify source ↗
TRANSITIONAL PROVISIONS - 102. Secondment of staff
Public officers may be seconded to the Authority from other public bodies at the Authority's request; while seconded they are treated as Authority officers and are subject only to its direction and control.
Section 102. Secondment of staff Section 102(1) In addition to the staff appointed under section 10 , a public officer may be seconded to the Authority from any other public body, upon the request by the Authority as may be necessary for the performance of the functions of the Authority. Section 102(2) A public officer seconded to the Authority shall, during the period of secondment, be deemed to be an officer of the Authority and shall be subject only to the direction and control of the Authority. - 99 Verify source ↗
TRANSITIONAL PROVISIONS - 99. Repeal of Cap. 243
Repeals the Radiation Protection Act; preserves contractual obligations; former Radiation Protection Board members and the Chief Radiation Protection Officer shall continue to serve in the Authority in corresponding positions until the expiry of their unexpired term.
Section 99. Repeal of Cap. 243 Section 99(1) The Radiation Protection Act is repealed. Section 99(2)(a) in as far as applicable, the contractual obligations existing pursuant to the Radiation Protection Act shall be preserved; Section 99(2)(b) members of the former Radiation Protection Board and the Chief Radiation Protection Officer shall continue to serve in the Authority in the corresponding positions as members of the Board and Director-General respectively until the expiry of their unexpired term.
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