Ionising Radiation Protection Act, 2005
This provision is a section heading for exemptions in Part II on the Radiation Protection Authority.
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- Act 16 of 2005
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About this statute
This provision is a section heading for exemptions in Part II on the Radiation Protection Authority. Section heading for board proceedings and board committees. This provision is titled “Immunity of member” and refers to “Prohibition of disclosure.” This provision is titled “Seal of Authority” and appears under the Secretariat heading. This section is about the constitution of the secretarial and the definition of its functions.
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Provisions of Ionising Radiation Protection Act, 2005
Showing 61 of 61
Part
PART I
- 4 Verify source ↗
Exemptions
This provision is a section heading for exemptions in Part II on the Radiation Protection Authority.
4. Exemptions PART II RADIATION PROTECTION AUTHORITY
Part
PART II
- 11 Verify source ↗
Proceedings of Board
Section heading for board proceedings and board committees.
11. Proceedings of Board • l 2. Committees of Board - 15 Verify source ↗
Immunity of member
This provision is titled “Immunity of member” and refers to “Prohibition of disclosure.”
15. Immunity of member · I!. Prohibition or disclosure - 17 Verify source ↗
Seal of Authority
This provision is titled “Seal of Authority” and appears under the Secretariat heading.
17. Seal of Authority PART Ill SECRETARIAT - 5 Verify source ↗
There is hereby established the Radiation Protection Authority
The Radiation Protection Authority is established as a body corporate with legal capacity and certain corporate powers.
5. There is hereby established the Radiation Protection Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform. Constitution of Board - 6 Verify source ↗
(I) There is hereby constituted the Radiation Protection
This section creates the Radiation Protection Authority Board, requires the Minister to appoint its members and chairperson, lets members elect a vice-chairperson, and bars appointment of certain disqualified persons.
6. (I) There is hereby constituted the Radiation Protection Authority Board which shall, subject to the provisions of this Act, perform the functions of the Authority under this Act. (2) The Board shall consist of the following part-time members appointed by the Minister: (a) a medical practitioner who has specialised in ionising radiation nominated by the Medical Council of Zambia; (b) a scientist nominated by the Vice-Chancellor of a public university; (c) a representative of the National Institute of Scientific and Industrial Research; (d) a representative of the Zambia Chambers of Commerce and Industry; (e) a representative of the ministry responsible for health; (j) a representative of the ministry responsible for mines; (g) a representative of the ministry responsible for defence; (h) a representative of the ministry responsible for tourism, environment and natural resources; (i) a representative of the ministry responsible for agriculture; (j) a representative of the ministry responsible for transport and communications; (k) a representative of the ministry responsible for labour; (l) a representative of the ministry responsible for home affairs; Ionising Radiation Protection [No. 16 of2005 87 (m) a representative of the ministry responsible for science and technology; (n) a representative of the ministry responsible for finance and national planning; (o) a representative of the Attorney-General; (p) a representative of the Environmental Council of Zambia; (q) a representative of Occupational Health Research Bureau; (r) a representative of a trade union representing workers in the ionising radiation sector; and (s) one other person. (3) The Chairperson shall be appointed by the Minister from among the members. ( 4) The Vice-Chairperson shall be elected by the members of the Board from among their number. (5)A person shall not be appointed as a member of the Board if the person- (a) is an undischarged bankrnpt; (b) has been convicted of an offence involving fraud or dishonesty; or (c) has been convicted ofan offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine. Functions a f Authority Cap. 204 - 7 Verify source ↗
Section 7
The Authority must carry out listed radiation-safety functions, including advice, implementation, information work, emergency response, investigation, recommendations, and issuing licences.
7. (!) Notwithstanding Part IX of the Environmental Protection and Pollution Control Act, the functions of the Authority shall be to - (a) advise the Government on policies, measures and matters relating to ionising radiation; (b) implement the policies of the Government related to the protection of the public, workers and the environment from harmful effects of ionising radiation; (c) establish facilities for the collection and dissemination of scientific and technical information on ionising radiation; (d) collect and disseminate information on the work of the Authority through publications, seminars, workshops and the print or electronic media; (e) liase with the Environmental Council of Zambia or any other regional or international organisation and institution on matters relating to the promotion of the safe use of ionising radiation in Zambia; 88 No. 16 of 2005] Ionising Radiation Protection (I) initiate policy formulation and implement the provisions of this Act and, when so required by the Minister or if the Board otherwise thinks it necessary, draw up and submit to the Minister proposals for amending it or regulations to be made under it; (g) ensure the protection and safety of the public in the event of an accidental release of harmful ionising radiation or other emergency; (h) respond to, and coordinate responses to radiological incidences and emergencies; (0 investigate any alleged breach of the provisions of this Act; (j) make recommendations to the Minister on all matters concerning- (i) the assurance that all activities involving the use of devices or materials capable of producing dangerous amounts of ionising radiation are carried out in such a manner as to avoid dangers to the public or to workers concerned or limit· risks to those acceptable as a matter of public policy; and (ii) the allocation of priorities and coordination of activities in connection with maintenance of safety in the use of devices or materials producing ionising radiation and associated matters to make the best use of available resources, taking into account the needs of the country and alternative methods of achieving equivalent results; (k) issue licences and authorisations; and (I) carry out such other activities as are necessaiy or conducive to the better performance ofits functions under this Act. ( 2) Notwithstanding subsection (I), the Board may, by direction in writing and subjectto such conditions as it considers fit, delegate to any member, Committee or the Executive Director any of the Authority's functions under this Act. Decisions of Board to prevail Cap. 204 - 8 Verify source ↗
Where any decision of the Board made under the provisions
If a Board decision under this Act conflicts with a decision of the Environmental Council of Zambia under section 72 of the Environmental Protection and Pollution Control Act, the Board decision prevails.
8. Where any decision of the Board made under the provisions of this Act conflicts with any decision of the Environmental Council of Zambia taken by the Council in the exercise of the it's functions under section Seventy-two of the Environmental Protection and Pollution Control Act, the decision of the Board shall prevail. Ionising Radiation Protection [No. 16 of2005 89 - 9 Verify source ↗
(!) Subject to the other provisions of this Act, a member of Tenure of
Board members serve a three-year term, may be re-appointed for one further three-year term, and may stay on for up to three months after their term ends until a successor is appointed.
9. (!) Subject to the other provisions of this Act, a member of Tenure of the Board shall hold office for a period of three years from the date office and of appointment and shall be eligible for re-appointment for one vacancy further term of three years. (2)The office of the member shall become vacant (a) upon the member's death; (b) if the member is absent without reasonable excuse from three consecutive meetings of the Board of which the member has had notice; (c) on ceasing to be a representative of the organisation which nominated the member; (d) if the member becomes mentally or physically incapable of performing the duties of a member of the Board; (e) if the member is declared bankrupt; (f) if the member is convicted of an offence involving fraud or dishonesty; or (g) if the member is convicted of an offence against any other written law and is sentenced to a term of imprisonment of not less than six months without the option ofa fine. (3) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor has been appointed but in no case shall the further period exceed three months. - 10 Verify source ↗
Whenever the office of a member becomes vacant before
If a member’s office becomes vacant before the term ends, the Minister may appoint a replacement, and the replacement serves only the remaining term.
10. Whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates office but that member shall hold office only for the unexpired part of the terni. Filling of casual vacancy - 11 Verify source ↗
Section 11
The Board can manage its own procedure, but it must meet at least every three months and follow specific rules for meetings, quorum, voting, and committees.
11. (!) Subject to the other provisions of this Act, the Board may regulate its own procedure. Proceedings ofBoard (2) The Board shall meet for the transaction of business at least every three months at such places and times as the Chairperson may determine. (3) The Chairperson may, upon giving notice of not less than fourteen days, call a meeting of the Board and shall call a special meeting to be held within fourteen days of receipt of a written request to the Chairperson by at least five members of the Board. (4) If the urgency of any particular matter does not permit the giving of such notice as is required under subsection (3), a special meeting may be called by the Chairperson, upon giving a shorter notice. 90 No. 16 of 2005] Ionising Radiation Protection (5) N ine members o f the Board s hall form a q uorwn at any meeting o f the Board . ( 6) The re s hal l pres ide at any meet ing o f the Board (a) the C ha irpe rson; (b) in the absen ce of t he Cha irperson , the V ice-C ha irperson; o r (c) in the absen ce o f the Chairperson and the Vice-Chairperson s uch member as the members present may elect for the p urpose o f that meeting. (7)A decis ion o f t he Board on any q uestion shall be by a majo rity of the members p resent and voting at the meeting and in the event o f an eq uality o f votes , the person p res id ing at t he meet ing shall have a cast ing vote in add it ion to the deliberat ive vote . ( 8) The Board may inv ite any person , w hose presence is in its opinion desirable, to attend and to part icipate in the deliberat ions o f the meet ing o f the Board b ut s uch pe rson s hall have no vote. ( 9) The val id ity of any pro ceed ings, a ct or decis ion of the Board s hall not be a ffected by any vacancy in t he members hip o f the Board o r by any defect in t he appo intment o f any member o r by reason t hat any person not ent itled to do so took part in t he p roceedings. (1) The Board may, fo r t he purpose o f performing its fun ct ions under this Act, constitute s uch comm ittees as it cons iders necessary and may delegate to any committee such o f its fun ct ions as it considers fit. - 12 Verify source ↗
Section 12
The Board may appoint committee members, but at least one committee member must be a Board member.
12. ( 2) The Board may appoint as membe rs o fa comm ittee, persons who are, or are not, members o f t he Boa rd, ex cept that at least one member ofa comm ittee shall be a member o f the Board. (3) A person se rv ing as a member o f a comm ittee shall hold o ffice for s uch period as the Board may determ ine . (4) S ubje ct to any specific or general d irections o f the Board , a comm ittee may regulate its own pro ced ure. Committees of Board Allowances of members - 13 Verify source ↗
The members o f t he Board or any comm ittee s ha ll be paid
Board and committee members must be paid an allowance set by the Board with the Minister’s approval.
13. The members o f t he Board or any comm ittee s ha ll be paid such allowance as the Board may, w ith the approval o f the Min ister, determine . Disclosure of interest - 14 Verify source ↗
Section 14
People present at a Board or committee meeting must promptly declare any private interest in a matter under discussion, and they must not take part in discussion or voting on that matter unless the Board or committee directs otherwise.
14. ( ]) If a member o r person is present at a meet ing o f t he Boa rd or any committee o f the Board at which any matte r is s ubject o f cons ide ration and in w hich matter the member or person or t he member or person 's spouse is directly o r indirect ly interested in a Ionising Radiation Protection [No. 16 of 2005 91 private capacity, the member or person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. (2) A declaration of interest made under subsection (!) shall be recorded in the minutes of the meeting at which it is made. 15. No action or other proceedings shall lie or be instituted against any member or member of a committee for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of that member or committee member's functions under this Act. Immunity of members
Part
PART Ill
- 18 Verify source ↗
Constitution of secretarial and defmition of its functions
This section is about the constitution of the secretarial and the definition of its functions.
18. Constitution of secretarial and defmition of its functions - 20 Verify source ↗
Secretary and other staff
Section heading: “Secretary and other staff.”
20. Secretary and other staff PARTN LICENCES - 23 Verify source ↗
Appeal against refusal to issue licence
This section concerns appeals against refusal to issue a licence.
23. Appeal against refusal to issue licence - 27 Verify source ↗
Decommissioning of radioactive device
Section 27 is titled “Decommissioning of radioactive device.”
27. Decommissioning of radioactive device - 29 Verify source ↗
Suspension or cancellation of I icence
Copies of this Act may be obtained from the Government Printer for K6,500 each.
29. Suspension or cancellation of I icence Copies of this Act may be obtained from the Government Printer, P.O. Box 30136, Lusaka 10101. Price K6,500 each. 82 No. 16 of 20.05] Ionising Radiation Protection PARTY FINANCIAL PROVISIONS - 31 Verify source ↗
Investment of Funds
31. Investment of Funds 3 2. Financial year
31. Investment of Funds 3 2. Financial year - 34 Verify source ↗
Annual Reports
Section heading: Annual Reports.
34. Annual Reports 3 5. Radiation safety officer - 37 Verify source ↗
Duty ofradiation safety officer to report to Board
A radiation safety officer must report to the Board.
37. Duty ofradiation safety officer to report to Board PART VI GENERAL PROVISIONS
Part
PART VI
- 39 Verify source ↗
Prohibition of disclosure of information by employee
Section 39 is titled as a prohibition on an employee disclosing information.
39. Prohibition of disclosure of information by employee - 40 Verify source ↗
References to radiation board and chief radiation officer
This section is titled “References to radiation board and chief radiation officer.”
40. References to radiation board and chief radiation officer - 41 Verify source ↗
Disso lution of radiation protection board
This provision concerns the dissolution of the radiation protection board and the vesting of its assets.
41. Disso lution of radiation protection board 4 2. Vesting of assets of Radiation Protection Board - 43 Verify source ↗
Registration of property to be transferred by Government
Section 43 concerns registration of property to be transferred by the Government.
43. Registration of property to be transferred by Government - 47 Verify source ↗
Repeal of section 74 of Environmental Protection and Pollution Control
This section repeals section 74 of the Environmental Protection and Pollution Control Act.
47. Repeal of section 74 of Environmental Protection and Pollution Control Act - 48 Verify source ↗
Repeal oflonising Radiation Act and Savings
This provision defines several terms used in the Act, including qualified expert, Radiation Safety Officer, radioactive material, radionuclide, Secretariat, source, Vice-chairperson, and worker.
48. Repeal oflonising Radiation Act and Savings • Ionising Radiation Protection [No. 16 of2005 85 network of exposure pathways from existing sources, so as to increase the exposure or likelihood of exposure of people or the number of people exposed; "qualified expert " means an individual who, by virtue of certification by appropriate boards or societies, professional licenses or academic qualifications and experience, is duly recognised as having expertise in a relevant field of specialisation; "Radiation Safety Officer" means a Radiation Safety Officer appointed under section thirty-five; "radioactive material "means any material emitting ionizing radiation including neutrons as to entail significant risk of disability or disease as a result of exposure; "radionuclide" means a nuclide that is radioactive; "Secretariat " means the Secretariat of the Authority constituted under section eighteen; "source" means anything that may cause radiation exposure by emitting ionising radiation or releasing radioactive substances or materials; "Vice-chairperson " means the person elected as Vice chairperson of the Board under section six; and "worker" includes a temporary employee. - 3 Verify source ↗
Section 3
This section says the Act applies to ionising radiation for practices and sources, and radioactive material below the exemption levels is not treated as harmful unless the Act or regulations say otherwise.
3. (1) The provisions ofthisAct shall apply to ionising radiation relating to practices and sources. (2) Unless otherwise provided in this Act or in regulations made Application under it, radioactive material shall not be considered to be harmful ifit contains radioactivity which is below the exemption levels. - 4 Verify source ↗
Section 4
The Minister may exempt certain radioactive materials from the Act, and some radiation exposure or authorised radioactive sources are exempt if specified conditions are met.
4. (I) The Minister may, on the recommendation of the Board (which may set higher limits for exemption in the case of material known to contain only less dangerous radionuclides), by statutory Exemption order, exempt any material which contains radioactive matter of Jess than specified limits from the provisions of this Act. (2) Sources ofradioactive materials which are within authorised practices may be exempted from some of the provisions of this Act or of regulations made under it if they comply with the clearance levels approved by the Board. 86 No. 16 of 2005) Ionising Radiation Protection (3) Any exposure to radiation which is part of the natural environment and is due to cosmic rays at the ground level or to natural radioactivity in the body shall be exempt from control as provided in this Act. PART II THE RADIATION PROTECTION AUTHORITY Establishment of Authority
Part
part in any consideration or discussion of, or vote on, any question
- 16 Verify source ↗
Section 16
A person must not publish or disclose certain work-related documents, communications, or information without written consent from or on behalf of the Board.
16. (I) A person shall not without the consent in writing given by, or on behalf of, the Board, publish or. disclose to any person other than in the course of duties, the contents of any document, communication, or information which relates to, and which has come to the person's knowledge in the course of the person's duties under this Act. Prohibition of publication or disclosure Seal of Authority (2) Any person who knowingly contravenes the provisions of subsection (I) commits an offence and shall be liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding three months, or to both. (1) The seal of the Authority shall be such device as may - 17 Verify source ↗
Section 17
The seal’s affixing must be authenticated by specified officers, and the Secretary or another Board-authorised person may sign or execute certain contracts or instruments without the seal.
17. be determined by the Board and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Board. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Authority by the Secretary or any other person generally or specifically authorised by the Board in that behalf. ( 4) Any document purporting to be a document under the seal of the Authority shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. PART III SECRETARIAT
Part
PART III
- 18 Verify source ↗
Section 18
The Secretariat must carry out the Board’s decisions and perform radiation monitoring, inspection, warning, reporting, and dosimetry functions.
18 . (I) There is hereby constituted the Secretariat of the Authority which shall have the function of implementing the decisions of the Board. (2) Without prejudice to the generality of subsection (!) the Secretariat shall- Constitution of Secretariat and definition ofits functions 92 No. 16 of 2005] Ionising Radiation Protection (a) determine the extent of exposure to ion is ing rad iat ion of the public and of wo rke rs and, subject to the p ro vis ions of th is Act, determ ine the degree of risk o r disab il ity attached to such exposure ; (b) be responsible fo r exam in ing, as may be cons idered necessa ry b y the Execut ive D irector, all p rem ises in respect of wh ich a l icence to use rad iat ion is in fo rce and al l places of disposal for rad ioact ive mate rial and wastes; (c) advise the Board of the extent of rad iat ion exposure to persons in Zamb ia ; and (d) adv ise and recommend to licence holders steps desirab le to reduce exposure to acceptable l im its . (3) The Secretariat shall ma intain a personnel radiat ion dosimetry se rv ice - (a) to provide personal rad iation measuring devices to be wo rn b y an ind iv idual l ikely to be exposed to rad iat ion ; (b) to pro vide a report ing ser vice b y means of wh ich it w ill ma inta in ade quate records of personal rad iat ion exposure measurements and shall render to the l icensee and to the Board reports, at intervals to be determ ined b y the Board, of the information conta ined in the records ; (c) in collaboration w ith the Environmental Council of Zamb ia, p ro vide in format ion and warn and protect the public, in case ofactual o r potential publ ic exposure to radioact ive material or ion is ing rad iat ion ; (d) warn ind ividuals who have been o r are l ikely to be subject to over exposu re; (e) mon itor imported and local food stuff to detect any potent ial contam ination w ith rad ioactive material ; (j) p re vent and mon ito r illegal importat ion of radioact ive mate rial and sources of ion ising rad iat ion into Zambia ; (g) conduct a ssessments ofradioact ivity in underground m ines and fac il it ies and in b y-products of min ing act ivit ies ; (h) mon ito r fo r rad ioact ivity in building and constructio n mate rials ; (i) undertake monito ring act ivities in any place o r fac il ity to ensu re the adequate p rotect ion and safety of the public from sources and materials capable of em itt ing ion is ing rad iat ion ; and Ionising Radiation Protection [No. 16 of2005 93 0) perform such other functions as may be assigned to it by the Board. (4) The personal radiation dosimetry service referred to in subsection (3) may, subject to the approval of the Board, at the direction of the Executive Director, be provided without charge or for such fee as may be prescribed if the Board so determines on the request of a licensee, and its use may be included as a necessary condition ofa particular licence. - 19 Verify source ↗
Section 19
The Board, with the Minister’s approval, appoints the Executive Director and sets the terms of service. The Executive Director serves a four-year term, may be reappointed, and may attend and speak at Board or committee meetings but cannot vote.
19. ( I ) The Board shall, with the approval of the Minister, Executive app;iint an Executive Director who shall be the chief executive Director officer of the Authority and the Secretariat and who shall, subject to the control and direction of the Board, be responsible for the implementation of the decisions of the Board and the day to day administration of the Authority. (2) The Board shall, with the approval of the Minister, determine the terms and conditions of service of the Executive Director. (3) The Executive Director shall be appointed for a term of four years and shall be eligible for re-appointment. (4) The Executive Director shall attend meetings of the Board and may attend meetings of any committee of the Board and may address the meetings, but shall have no vote. (I) The Executive Director shall be the Secretary to the - 20 Verify source ↗
Section 20
The Board may appoint additional Authority staff and, with the Minister’s approval, must determine staff service terms and conditions.
20. Board. (2) The Board may appoint such other staff of the Authority as it considers necessary for the performance of its functions under this Act. (3) The Board shall, with the approval of the Minister, determine the terms and conditions of service of the staff of the Authority. PART IV LICENCES
Part
PART IV
- 21 Verify source ↗
Section 21
People handling radioactive material or harmful ionising radiation must apply to the Board for the appropriate licence. The Board must issue a licence within 60 days if the application complies with the Act, and the licence may include conditions.
21. (J)Any person who intends to import, process, mine, export, possess, transport, use, dispose of, or undertake any other activity relating to, radioactive material or any other source of harmful ionising radiation shall apply to the Board, in the prescribed form, for an appropriate licence. (2) The Board shall, within sixty days of receipt of an application for a licence under subsection (]), issue a licence, subject to any condition specified under subsection (3), if the application is in accordance with the provisions of this Act. Secretary and other staff Application for licence 94 No. 16 of 2005] Ionising Radiation Protection (3) A licence issued under this section (a) shal fbe in the prescribed form; (b) shall be accompanied by a prescribed fee; (c) shall be issued by the Board to a person as owner or as the appropriate responsible o fficer o f an instit ution , partnership, cooperation or Gove rnment body; (d) may contain such conditions as the Board may consider necessary to i mpose for the sa fe conduct o f the proposed operations, process or facility and for the sa fe disposal o f all radioactive wastes and radioactive materi&\.-.. resulting from the proposed operatio 11, pro cess or facility; (e) sha ll specify the process o f operation or facility; (I) shall authorise the p urchase or acquisition by other means, the impor tation, production, possession, transportation , storage, use and disposal as requ ired , by speci fied quantities and kinds o f radioactive material or other so urce o f harmful ionising radiation required for the operation, process or facility specified; (g) may cover the separate acquisition or importation o f diverse or repeated lots of radioactive material i f they are all listed on the licence and are to be used solely in the licenced process, operation or facility. (4) The conditions referred to in para graph (d) o f subsection (3) may be specific or take the form o f general requirements to meet prescribed standards or codes o f practice published pursuant to this Act, or standards or codes o f practice published by internationally recognised bodies including the International Commission on Radiolog ical Protection and the International Atomic Energy Agency or any co mbination o f such conditions. Refusal to issue licence - 22 Verify source ↗
Section 22
The Board may refuse to issue a licence if the applicant has not met a prescribed condition, a previous licence was revoked, or the applicant was convicted of an offence under the Act.
22. if- ( 1) The Board may re fuse to issue a licence under this Part (a) the applicant fails to comply with any prescribed condition precedent to the issue o f such licence; (b) any licence fo rmerly issued to the applicant under th is Act has been revo ked by the Board; or (c) the applicant has been conv icted o f an offence under th is Act. (2) Where the Board refuses to issue a l icence under subsection (I), it shall, within siicty days from the receipt o f the application , noti fy the applica nt in writing o f the re fusal to issue the licence to the applicant and shall state the reason s for the refusal. Ionising Radiation Protection [No. 16 of200 5 95 Appeal against refusal to issue licence - 23 Verify source ↗
(1) Any person aggrieved by any refusal of the Board to
A person refused a licence by the Board may appeal to the Minister within 30 days, and a person unhappy with the Minister’s decision may appeal to the High Court within 30 days.
23. (1) Any person aggrieved by any refusal of the Board to issue a licence to that person may appeal to the Minister not later than thirty days after the notification of such refusal. (2) Where an appeal is made under subsection (!), the Minister 5 may give such directions to the Board as the Minister considers necessary to enable the Minister to determine the appeal. (3) The Minister in determining the appeal may direct the Board to issue the licence to the applicant or uphold the decision of the Board and notify the appellant accordingly. 1 0 (4) Any person who is aggrieved by the decision of the Minister to uphold the Board's decision under subsection (3) may appeal to the High Court within thirty days of the receipt of the notification of the Minister's decision. J 5 - 24 Verify source ↗
A licence issued under this Act may, by notice in writing to Amendment
The Board may amend a licence for public, worker, or environmental safety reasons. A licence cannot be transferred to a third party without the Board’s prior approval.
24. A licence issued under this Act may, by notice in writing to Amendment the applicant, be amended by the Board if the Board considers the of licence amendment necessary for the protection and safety of the public, the workers or the environment. . 2 5. (!)A licence shall not be transferred to a third party, directly Transfer of 20 or indirectly, without the prior approval of the Board. licence (2) Every application for approval to transfer � licence shall be made to the Board and the Board may, within thirty days of the receipt of the application, approve or disapprove the application in accordance with this Act. 25 - 26 Verify source ↗
Section 26
Licensees must prevent harmful ionising-radiation exposure and appoint a competent radiation protection officer; unlicensed owners or users are answerable for harmful effects from the material.
26. (I) The licensee shall ensure that any operation, condition Responsibilily licensee of storage, transport, disposal or other practice shall not result of directly or indirectly in exposure to ionising radiation in such an amount as is likely to cause harmful effects to the public, the employees, other workers or the environment, or to any property. (2) Any owner or user ofradioactive material or source of harmful ionising radiation for which the person holds no valid licence shall he answerable for any harmful effects arising from the possession, storage, transport, use or disposal of such radioactive material or source of harmful ionising radiation, and such answerability shall 35 continue with regard to any such material after it has been seized, impounded, stored or disposed off by the Executive Director or any radiation safety officer. 40 (3) The radiation safety requirements prescribed by this Act (a) do not extend to patients undergoing medical treatment by exposure to radiation by or under the supervision of a medical practitioner if such treatment is in accordance with an approved code of practice established by the relevant medical professional bodies; 96 No. 16 of 2005] Ionising Radiation Protection (b) do apply to the safety of medical and technical staffworkiog with the radioactive material or source of harmful ionising radiation and to the protection of all other persons, other than the patient undergoing treatment. ( 4) Every licensee shall appoint a competent person as radiation protection officer, who shall liaise with the Secretariat to ensure compliance with the Act. (5) Whenever a physical or mental disability appears- (a) in a person which medical opinion competent in the field of biological effects ascribed to ionising radiation exposure, it shall be presumed that the disability arose due to radiation exposure; (b) that could have arisen either from radiation or from other causes in the course of duty, the following criteria shall be applied to discern the cause of such disability, namely: (i) if a disability of a nature known to be caused either by ionising radiation or that can arise from other possible causes appears in a person for whom a personal radiation exposure record exists, indicating that exposure in excess of recommended dose limits have occurred in a person as a result of such radiation exposure; (ii) ifa disability ofanature known to be caused either by ionising radiation or that can arise from other possible causes appears in a person for whom a personal exposure record has been maintained to a standard approved by the Board, it shall be presumed that such disability occurred as a result of such radiation exposure. Dicom missioning of radioactive device Enforcement notices - 27 Verify source ↗
Where a licensee intends to decommission an ionising
Before decommissioning an ionising radiation device, a licensee must notify the Executive Director at least six months in advance and seek the Board’s approval for interim storage arrangements.
27. Where a licensee intends to decommission an ionising radiation device the licensee shall, at least six months before decommissioning the device, inform the Executive Director of the impending decommissioning, and seek the Board's approval concerning how the device will be stored in the interim period pending its final disposal. - 28 Verify source ↗
(1) Where the Board is satisfied that a licensee is
The Board may issue enforcement notices and, in some cases, suspend or cancel a licence; the licensee must respond and follow any required steps, and use of radioactive material while a licence is suspended is an offence.
28. (1) Where the Board is satisfied that a licensee is contravening or is likely to contravene any provision of this Act, or a directive issued by the Board in the performance of the Authority's functions under this Act or any other condition of the licence, the Board shall serve an enforcement notice on that licensee. Ionising Radiation Protection [No. 16 of 2002 97 (2) An enfor cement notice i ssue d under sub se ction (I) shall- (a) state the contravention or the likely contravention o f the Act, directive or any other con dition o f the licence and the matters constit ut ing the contravention or making i t likely that the contravention will arise; (b) speci fy the steps that have to be taken to reme dy the contravention or avoid the contravention, as the case may be; (c) spe ci fy the e ffe ctive date o f the notice and the time l imit within which the steps described under para graph (b) must be taken. (3) The Board, i f it considers it necessary for the safety of the public or the workers - (a) may require the suspens ion of the work with the radioactive material or other source of harmful ioni sing radiation an d its storage in a safe p la ce or under condi tions preventing e xposure o f the publi c or workers to potentially harmful ra diation; and (b) shall require the licensee to take such mea sures as are neede d to abate the a dverse e ffe cts, i f any, o f the failure to comply with the conditions o f the licence . 2 9. (!) Subject t o the o ther provision s o f th is Act, the Boar d may suspend or cancel any licence i f the licensee--- (a) obtaine d the li cence by fraud or deliberate or negligent submission o f false information ; (b) transfer s or otherwi se assigns a licence without the prior approval o f the Board; (c) fails to comply with the condition s o f the licence or contravenes any o f the provi sions o f this Act or any regulations made under it; or ' (d) fai ls, without rea sonable cause, to comply with the term s and con ditions o f an enforcement notice issue d under se ction twenty-eight. (2) The Boar d shall, before su spending or can celling a licence under sub section (! ), give notice in writing to the licensee o f its intention to su spend or can cel the licence .and specify the grounds for the impending suspension or cancellation and re quire the licensee to show cause, within a period o fthirty days, why the licence shoul d not be suspended or cancelle d. Suspension or cancellation of licence 98 No. 16 of 2005] Ionising Radiation Protection (3) The Board sha ll not suspend o r cancel a li cence under this se ction if the li censee takes remedial measures to the satisfaction of the Board, within the period speci fied in subsection (2). ( 4) If the li censee who is noti fied under subsection (2), fails to show cause , o r does not take remedial measures, to the satisfaction of the Board, w ithin the period spe ci fied in that subse ction, the Board may suspend o r can cel the li cen ce. (5) Any person aggrieved by any decision of the Board to suspend o r can cel a li cen ce may appea l to the Minister not later than thirty days afte r the notification of such suspension o r cancellation . (6) Where an appea l is made under subsection (5), the Minister may g ive such directions to the Board as theMinister considers necessary to enable the Minister to determine the appeal. (7) The Minister in determining the appea l may con firm, vary o r set aside the de cision of the Board and sha ll notify the appellant accordingly. (8) Any person who is aggrieved by the decision of the Minister to con firm the Board's decision under subsection (7) may appeal to the High Court w ithin thir ty days of the re ceipt of the noti fica tion of the Minister's de cision. (9) Where a licen ce is suspended by the Board under this se ction the li censee sha ll take such steps as the Board may direct to ensure that no rad iation haza rds occur during the period of suspension. (IO) Any person who continues to permit the use ofradioa ctive material or other source of harmful radiation wh ile the li cence is suspended commits an offence and sha ll be liable, on conviction, to a fine not exceeding fifty thousand penalty units or imprisonment for a term not exceeding three years, or to both. PARTY FINANCIAL PROVISIONS Funds of Authority (I) The funds of the Authority sha ll consist of such money - 30 Verify source ↗
Section 30
The Authority may accept grants or donations from any source in Zambia, and may raise money by loans or otherwise with the Minister’s approval.
30. asmay- (a) be app ropriated by Pa rliament fo r the purposes of Authority; (b) be paid to the Authority by way of loans, g rants o r donations; and (c) vest in·or a ccrue to the Author ity. (2) The Authority may- (a) a ccept moneys by way of grants or donations from any source in Zambia; and Ionising Radiation Protection [No. 16 of2005 99 (b) subject to the approval of the Minister, raise by way of loans or otherwise, such moneys as it may require for the discharge of its functions. (3) There shall be paid from the funds of the Authority- (a) the salaries, allowances, loans, gratuities and pensions of staff of the Authority and other payments for the recruitment and retention of staff; (b) such reasonable travelling and subsistance allowances for members or members ofany committee of the Board when engaged on the business of the Authority at such rates as the Board may, with the approval of the Minister, determine; and (c) any other expenses incurred by the Board in the performance of its functions. - 31 Verify source ↗
The Board may invest in such manner as it considers
The Board may invest Authority funds it does not immediately need, in whatever manner it considers necessary.
31. The Board may invest in such manner as it considers necessary any of the funds of the Authority which the Board does not immediately require for the performance of the Authority's functions. Investment of funds - 32 Verify source ↗
The financial year of the Authority shall be the period of
The Authority’s financial year is twelve months long and ends on 31 December each year.
32. The financial year of the Authority shall be the period of twelve moi\ths ending on 31st December in each year. Financial year - 33 Verify source ↗
Section 33
The Board must keep proper accounting books and records, the Authority’s accounts must be audited every year by independent auditors appointed by the Board, and the Authority must pay the auditors’ fees.
33. (1) The Board shall cause to be kept proper books of Accounts accounts and other records relating to its accounts. Annual report (2) The accounts of the Authority shall be audited annually by independent auditors appointed by the Board. (3) The Auditor's fees shall be paid by.the Authority. - 34 Verify source ↗
Section 34
The Board must send an annual activities report to the Minister within 90 days after the financial year ends, and the Minister must table it before the National Assembly within 7 days after the next sitting following receipt.
34. (1) As soon as is practicable, but not later than ninety days after the end of the financial year, the Board shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subsection (1) shall include information on the financial affairs of the Authority and there shall be appended to the report- (a) an audited balance sheet; (b) an audited statement of income and expenditure; and (c) such other information as the Minister may require. ( 4) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subsection ( 1 ), lay it before the National Assembly. 100 No. 16 of 2005] Ionising Radiation Protection Radiation safety officers Powers of radiation safety officers PART V I INSPECTIONS
Part
PART V I
- 35 Verify source ↗
Section 35
The Board must appoint radiation safety officers, and the Executive Director must issue each officer an identity card.
35. (1) In o rder to ensu re compliance with the p rovisions of this Act, the Bo ard shall appoint radiation safety office rs to monitor, inspect and enforce the p rovisions of this Act and the regulations made unde r it. ( 2) The E xecutive D irector shal l issue an identity card to each . radiat ion safety o fficer which shall be primafacie evidence of the radiation safety o fficer's appointment as such. (3) Any radiation sa fety o fficer carryi ng out any function under this Act sha ll on demand by any person a ffected by the radiation sa fety office r's exercise o f powers, p roduce fo r inspection the certi ficate re ferred to in subsection ( 2 ) . ( 4 ) Each rad iation safety officer shall be nuder the direction of the Executive Director and shall perform such duties as may be speci fied in the radiation sa fety o fficer's letter of appointment. - 36 Verify source ↗
Section 36
A radiation safety officer has inspection, sampling, examination, seizure, and related enforcement powers, but entry into a private dwelling needs a court warrant. Owners and their agents must provide the means needed for those powers. Obstruction is an offence, and the officer must keep complaint sources confidential.
36. ( I) A radiation safety o fficer shall, for purposes of enforcing the p rovisions of this Act, have power - (a) at a ll reasonable times to enter, inspect and examine a ny p remises or any part of such premises, vehicle, vessel , boat, aircra ft o r any carriage of any description in o r upon which the officer h as reasonable cause t o believe that radioactive ·m ate rial o r any sou rce of harm ful i onising radiation is stored, used transported o r disposed of but no entry shall be made on a private dwelling house except under the authority of a court wa rrant; (b) to require the p roduction of any licence authorising the use of radioactive material o r sources of harm ful radiation and any reg ister, certificate, notice or document kept under the p rovisions of this Act and to inspect, examine o r take a copy of such register, certificate, notice o r document; (c) to take samples of radioactive material and make such e xaminations and inquiries as may be necessary to ascertain whethe r the p rovisions of this Act are being complied with; (d) to examine, either alone o r in the presence of any other pe rson as the o ffice r thinks fit, any perso n with respect to matters under this Act o r to require such person to be e xam ined : P rovided that no pe rson shal l be compe lled to answer any questions or give evidence tend ing to inc riminate that person; Ionising Radiation Protection [No. 16 of 2005 10 1 (e) to require the medical examination of, or if the radiation safety officer is a medical practitioner to carry out such medical examinations of, any person whom the officer has reasonable cause to believe is contaminated with or has been exposed to radioactive material or is unlawfully in possession of ar,y source ofharmful ionising radiation; (f) to seize any radioactive material or ionising radiation source which the officer has reasonable ground to believe the person in whose possession it is has no authorisation; and (g) to exercise such other powers as are necessary for carrying the provisions of this Act into effect. (2) The owner of any radioactive material or any source of harmful ionising radiation, the agent, employee or servant of such owner shall furnish the means required by the radiation safety officer as may be necessary for entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of the officer's powers under this Act. (3) Any person who obstructs a radiation safety officer in the exercise of that officer's duty under this Act commits an offence and shall be liable upon conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding three years or to both. ( 4) A radiation safety officer shall treat as confidential the source of any complaint bringing to the officer's notice any contravention of the provisions of this Act and shall not give information to the owner or the representative of the owner that a visit of inspection was made in consequence of such complaint. (5) A radiation safety officer who contravenes subsection (3) commits an offence and shall be liable on conviction to imprisonment for a term ofnot less than five years but not exceeding fifteen years. - 37 Verify source ↗
Each radiation safety officer shall furnish the Board with
Each radiation safety officer must provide the Board with inspection reports and other inspection-related information when the Board directs.
37. Each radiation safety officer shall furnish the Board with such reports and other information relating to an inspection as the Board may direct. PARTY! GENERAL PROVISIONS - 38 Verify source ↗
(I) A person who
Using radioactive material or other harmful ionising radiation sources without a licence is an offence, and courts can impose imprisonment and order seizure or destruction of the material.
38. (I) A person who imports, processes, mines, exports, possesses, transports, uses or di.sposes of radioactive material or other source of harmful ionising radiation without a licence issued under this Act commits an offence and shall be liable, on conviction, to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years. Duty of radiation safety officer to report to Board Offences and penalties 102 No. 16 of 2005) Ionising Radiation Protection (2) In addition to the penalties provided in subsection (!), the radioactive material or other source of harmful ionising radiation shall be liable on the order of the court, to seizure, impoundment, sealing, seizure of operation, destruction or disposal in such manner as the court may consider necessary to protect the public and the environment and may only be returned to the original owner on the order of the court and under such conditions set out in the licence issued under this Act. (3) Any act or omission, which if done by an individual shall be an offence under this Act or any regulations made under it, shall, if done by a body corporate, be deemed an offence committed by every director, secretary or manager, unless the director, secretary or manager proves that the offence was committed withouttbeir consent or connivance and that the director, secretary or manager exercised all such diligence to prevent the commission of the offence as the director, secretary or manager oughtto have exercised, having regard to the nature of the director, secretary or manager's functions and all the circumstances of the case. - 39 Verify source ↗
Every person employed by the Authority shall treat as
Authority employees must keep certain confidential information secret, and unlawful disclosure can lead to imprisonment.
39. Every person employed by the Authority shall treat as confidential any information ofa type normally considered subject to professional, commercial, trade or industrial secrecy, the revelation of which is not necessary for the implementation of this Act, and any person who discloses such information to any other person in contravention of this section, whether such person has ceased to be employed by the Authority commits an offence and shall be liable on conviction to imprisonment for a term ofnot less than five years but not exceeding fifteen years. - 40 Verify source ↗
(1) On the appointed date, reference in any written law or
This section says certain old references must be read as references to the new Authority and the Executive Director.
40. (1) On the appointed date, reference in any written law or any other legal document to the Radiation Protection Board shall be read and construed as references to the Radiation Protection Authority established by section five of this Act. (2) On or after the appointed date, any reference in any written law or any other legal document to the Chief Radiation Officer shall be read and construed as references to the Executive Director appointed under section sixteen of this Act. Prohibition of disclosure of information by employee References to Radiation Protection Board and Chief Radiation Officer Dissolution of Radiation protection Board Cap. 3 1 1 - 41 Verify source ↗
The Radiation Protection Board constituted pursuant to
The Radiation Protection Board must stay in office for three months from the appointed date, while the Board under this Act is still pending appointment.
41. The Radiation Protection Board constituted pursuant to section five of the Ionising Radiation Act shall, pending the appointment of the Board under this Act, continue in office for a period of three months from the appointed date. Vesting of assets of Radiation Protection Board - 42 Verify source ↗
Section 42
The Authority takes over the Radiation Protection Board’s affairs, property, rights, and obligations on or after the appointed date.
42. ( I ) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Authority by virtue of this Act and without further assurance- Ionising Radiation Protection [No. 16 of 2005 103 (a) the affairs of the Radiation Protection Board; and (b) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Radiation Protection Board. (2) Except as provided in this Act, every deed, bond and agreement (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the Radiation Protection Board, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof, as if- (a) the Authority had been a party thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Authority; and (c ) for any reference to any employee of the Radiation Protection Board not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after commencement of th is Act, or reference to such employee of the Authority as the Authority shall designate. (3) Subject to the provisions of subsection (2), documents, other than those referred to therein, which refer specifically or generally to the Radiation Protection Board shall be construed in accordance with subsection (2) as far as applicable. - 43 Verify source ↗
(I) Whenever in pursuance of this Act, any property, rights,
The Authority must apply in writing for registration of the transfer, and the registration authority must update the register and related records. No registration fees, stamp duty, or other duties are payable for the transfer.
43. (I) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Government through the Radiation Protection Board are deemed transferred to the Authority in respect of which transfer a written law provides for registration, the Authority shall make an application in writing to the appropriate authority for registration of the transfer. Registration of g�operty to transferred &"ovemment (2) The registration authority referred to in sub-paragraph (1) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue the transferee concerned with a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof. I 104 No. 16 of 2005] Ionising Radiation Protection Legal proceedings Staff of Radiation P rotection Board Act No, 35 of1996 Act No. 35 of 1996 · Regulations - 44 Verify source ↗
Section 44
The Authority and other persons get the same rights, powers, and remedies to deal with rights, liabilities, or obligations that vest in the Authority, and certain proceedings may continue or be brought against the Authority after commencement.
44. ( I) Without prejudice to the other provisions of this Act, where any right, liability or obligations vest in the Authority by virtue of this Act, the Authority and all other persons shall, as from the commencement of this Act, have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Authority. (2) Any legal proceedings or application of any anthority pending immediately before the commencement of this Act by or against the Government in respect of the Radiation Protection Board may be continued by or against the Authority. (3) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the Radiation Protection Board may be instituted by or against the Authority. - 45 Verify source ↗
Section 45
The Board must appoint necessary public officers from the Radiation Protection Board as officers of the Authority, with Ministerial approval, and later staffing and retirement rules apply to transferred or unengaged employees.
45. ( 1 ) On or after the appointed date, the Board shall on such terms and conditions as it may, with the approval of the Minister, determine appoint as officers of the Authority such number of public officers from the R adiation Protection Board as may be necessary for the performance of the functions of the Authority. (2) Where an employee of the R adiation Protection Board is appointed to the service oftheAuthority- (a) the terms and conditions of service with the Authority shall not be less favourable than those the officer enjoyed in the Public Service; and (b) the employee shall be deemed to have retired under section thirty-nine of the Public Service Pensions Act. (3) On or after the appointed date employees of the R adiation Protection Board who are not engaged by the Authority under subsection (2) shall be retained by the Government and shall- (a) be redeployed in the service of the Government; or (b) be retired under section thirty-nine of the Public Service Pensions Act. - 46 Verify source ↗
Section 46
The Minister may make regulations, on the Board’s recommendation, by statutory instrument, to carry out the Act.
46. (I) The Minister may, on the recommendation of the Board, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. (2) In particular and without prejudice to the generality of subsection ( I ), the regulations made under this section may- Ionising Radiation Protection [No. 16 of 2005 105 (a) prescribe t he appl icat ion and l icence forms to be u sed under t his Act ; (b) limit t he use ofr ad ioactive m aterial o r e qu ipm ent produ cing harmful ion ising radiat ion for any spec ified purpose, in cluding u se for medic al or dental purpo ses ; (c) prescr ibe fee s for ser vice s rendered by t he Au thor ity; and (d) prescr ibe anyt hing requ ired to be prescr ibed unde r this Act. - 47 Verify source ↗
Sect ion seventy-four of the En vironmenta l Protect ion and
Section 74 of the Environmental Protection and Pollution Control Act Cap. 204 is repealed.
47. Sect ion seventy-four of the En vironmenta l Protect ion and Pollut ion Con trol Act is hereby repea led. Repeal of section 7 4 of Environmental Protection and Pollution Control Act Cap. 204 - 48 Verify source ↗
Section 48
This section repeals the Ionising Radiation Act, 1972, but keeps existing licences or authorisations from the former Board valid unless they were earlier revoked or suspended.
48. ( I) The Ion ising Rad iat ion Act , 1 97 2 is hereby repealed. (2) Notw it hstand ing subse ct ion ( !), any l icence or author isation g iven by t he former Board shall unless earl ier revoked or su spended "continue to be valid a s t hough is sued under t his Act . Rc2eal of Ionising Radiation Act and savings Cap. 3 1 1 • 106 •
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Ionising Radiation Protection Act, 2005
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