Radiological Protection Act , 1991

PART I Preliminary and General

1 Short title.

1.—This Act may be cited as the Radiological Protection Act, 1991.

2 Interpretation.

2.—In this Act, except where the context otherwise requires—

“activity” means the number of nuclear disintegrations which occur per unit of time in a radioactive substance;

“animals” means all animals excluding fish, poultry and fauna;

“the Assistance Convention” means the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency done at Vienna on the 26th day of September, 1986, the text whereof is set out in the Second Schedule to this Act;

“the Board” means An Bord Fuinnimh Núicléigh;

“bottled water” means water for human consumption packaged in containers for sale;

“carcase” means the carcase of an animal, poultry or fauna and includes part of a carcase and the meat, bones, hide, blood, skin, pelt, hair, fur, wool, feathers, hooves, horns, offal or any other part of an animal, poultry or fauna separately or otherwise, or any portion thereof;

“convention country” means a country other than the State for the time being standing designated under section 35 of this Act;

“crops” includes any agricultural or horticultural crop, tree, bush, seed, plant and any part of a seed or plant;

“the establishment day” means the day appointed by the Minister under section 5 of this Act;

“fauna” has the meaning assigned to it by the Wildlife Act, 1976;

“feeding stuff” means products which are intended only for animal nutrition;

“fish” includes all marine invertebrates, all crustaceans and molluscs found in the sea, and brood and spawn of fish, and references to fish shall be construed as including references to part of that fish;

“fishery products” includes fish which has been treated in any way for consumption by individuals or animals or for use as fish feed for poultry and fauna;

“food” has the meaning assigned to it by section 53 of the Health Act, 1947;

“functions” includes powers and duties;

“an inspector” means a person appointed under section 28 of this Act by the Institute, or the Minister for Agriculture and Food, or the Minister for Finance, or the Minister for the Marine, or the Minister for Health, as the case may be, to be an inspector for the purposes of this Act and orders or regulations made under this Act;

“the Institute” has the meaning assigned to it by section 6 of this Act;

“ionising radiation” means radiation consisting of photons or particles capable of producing ions, either directly or indirectly, and includes X-rays and gamma rays, alpha particles, beta particles, electrons, positrons, protons, neutrons and heavy particles;

“irradiating apparatus” means an apparatus capable of producing ionising radiation;

“medical or dental application” means the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect through the use of radioactive substances, nuclear devices or irradiating apparatus as prophylactic, diagnostic or therapeutic agents;

“the Minister” means the Minister for Energy;

“non-ionising radiation” means radiation consisting of photons or particles which is incapable of producing ions either directly or indirectly;

“the Notification Convention” means the Convention on Early Notification of a Nuclear Accident done at Vienna on the 26th day of September, 1986, the text whereof is set out in the Third Schedule to this Act;

“nuclear device” includes any machine or apparatus the operation of which involves the use of a radioactive substance, an irradiating apparatus or a nuclear reactor;

“nuclear material” has the meaning assigned to it by Article 1 of the Protection Convention;

“nuclear reactor” means a structure containing radioactive substances and in which a self-sustaining and controlled process of nuclear fission or fusion can occur;

“the 1977 Order” means the Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977 (No. 166 of 1977), continued in force by section 44 of this Act;

“patient” means a person undergoing a medical or dental application;

“poultry” means all birds except fauna;

“prescribed levels” means levels of activity prescribed by a regulation made under section 31 of this Act;

“the Protection Convention” means the Convention on the Physical Protection of Nuclear Material done at Vienna on the 26th day of October, 1979, the text whereof is set out in the Fourth Schedule to this Act;

“radioactive substance” means any substance capable of emitting ionising radiation and includes any radionuclide, whether natural or artificial;

“radiological emergency” means an accident, occurrence or incident or threat thereof anywhere which causes, or may cause any individual, animal, fauna, poultry, eggs, crops, fish, seaweed, soil, minerals (including rocks of all descriptions), air, water or other thing in the State to be exposed to significant levels of ionising radiation;

“radiological hazards” means the dangers deriving from or associated with ionising radiation, radioactive substances, nuclear devices and irradiating apparatus;

“radiological safety” means safety from radiological hazards;

“requested state or organisation” means a state or international organisation from which the State has requested assistance in accordance with the Assistance Convention;

“requesting state” means a state which has requested assistance from the State in accordance with the Assistance Convention;

“sale” includes offer or expose for sale, keep for sale and invite to buy;

“specified levels” means

(a) prescribed levels, or

(b) maximum permitted levels

of radioactive contamination of foodstuffs and of feeding stuffs following a nuclear accident or any other case of radiological emergency and specified in regulations made by the Council or the Commission of the European Communities;

“substance” means a natural or artificial substance, whether in solid or liquid form or in the form of a gas or a vapour, and includes a preparation or manufactured article and an article which has been subjected to any artificial treatment or process.

3 Orders and regulations.

3.—Every order or regulation (other than an order made under section 5 or 35 of this Act) made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order or the regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or the regulation is laid before it, the order or the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4 Expenses.

4.—The expenses incurred by a Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II Radiological Protection Institute of Ireland

5 Establishment day.

5.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

6 Establishment of Radiological Protection Institute of Ireland.

6.—(1) On the establishment day there shall stand established a body to be known as the Radiological Protection Institute of Ireland, and in this Act referred to as “the Institute”, to perform the functions conferred on it by or under this Act.

(2) The provisions of the First Schedule to this Act shall have effect with respect to the Institute.

7 General functions of Institute.

7.—(1) The Institute shall, in addition to any other functions assigned to it by or under this Act, have the following general functions:

(a) to monitor activity or ionising radiation levels in any thing in the State and in any waters, including international waters, surrounding the State, and, in particular, without prejudice to the generality of the foregoing, to monitor any activity or ionising radiation levels in individuals, animals, fauna, poultry, eggs, crops, fish, seaweed, or any food, soil, minerals (including rocks of all descriptions), air or water;

(b) to monitor the exposure of individuals to activity or ionising radiation;

(c) to advise the Government, the Minister and other Ministers of the Government and the public, on measures for the protection of individuals in the State from radiological hazards;

(d) to advise the Government, the Minister and other Ministers of the Government on radiological safety matters relating to the transport, use, storage, maintenance and disposal of radioactive substances, nuclear devices or irradiating apparatus wheresoever located;

(e) to assist in the planning and implementation of measures to deal with radiological emergencies;

(f) to advise the Government, the Minister and other Ministers in relation to international standards regarding ionising radiation, radioactive substances, nuclear devices, irradiating apparatus and radiological safety;

(g) where appropriate, to enter into arrangements with the Government, the Minister or other Ministers of the Government and such other persons or bodies as the Minister may direct to provide monitoring, advisory or consultancy services in relation to radiological safety;

(h) to monitor scientific, technological, economic and other developments wheresoever taking place relating to ionising radiation, radioactive substances, nuclear devices, irradiating apparatus and radiological safety in order to keep the Government and the Minister informed of such developments with particular reference to the implications for the State of such developments;

(i) to assist the Minister for Defence in the exercise of his functions in relation to the protection of individuals whenever the Government decide that the hazard to life or health from a radiological emergency requires his intervention;

(j) to carry out or to arrange for the carrying out of and to co-ordinate or assist in arrangements for the carrying out of research into any matter relating to the functions or activities of the Institute; and

(k) to provide information to the public on any matters relating to radiological safety which the Institute deems fit.

(2) The functions of the Institute, in relation to the use of a radioactive substance, nuclear device or irradiating apparatus as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect shall relate only to—

(a) the supervision and care of the radioactive substance, nuclear device or irradiating apparatus concerned, and

(b) ensuring that the said substance, device or apparatus is properly calibrated and maintained so as—

(i) to reduce to a minimum the effects of such substance, device or apparatus on property and persons other than a patient receiving a particular medical or dental application, or

(ii) to enable a medical or dental practitioner to achieve the maximum degree of accuracy and safety where the said substance, device or apparatus is used for the benefit of an individual patient.

(3) The Institute may, subject to compliance with such conditions as the Minister may, from time to time, direct, do all such other things as arise out of or are consequential on the functions assigned to the Institute by or under this Act.

8 Particular functions of Institute.

8.—The Institute shall have, without prejudice to the generality of section 7 of this Act, the following particular functions, that is to say:

(a) to exchange information and to co-operate with the relevant authorities of other states or with international organisations concerned with the physical protection of nuclear material on protection of nuclear material and related matters, including in particular where there has been a theft of or the threat of the theft of nuclear material;

(b) to render assistance to other states in the event of a radiological emergency;

(c) to co-operate with the relevant authorities in other states incases of nuclear accident or radiological emergency;

(d) to co-operate with the relevant authorities in other states in measures for prevention or the minimising of injury and damage which may result in the event of a nuclear accident or radiological emergency;

(e) to exchange information on relevant matters with the relevant authorities in other states and international organisations concerned with nuclear safety and radiological protection;

(f) to prepare and issue codes of practice dealing with radiological safety, radioactive substances, nuclear devices or irradiating apparatus, taking into account relevant standards recommended by relevant international bodies;

(g) to prepare and issue safety guidelines and recommendations for persons dealing with radioactive substances, nuclear devices or irradiating apparatus, taking into account relevant standards recommended by relevant international bodies;

(h) to make recommendations to the Minister or any other Minister, as appropriate, in respect of proposals for legislation on measures for protection against radiological hazards;

(i) to issue certificates concerning levels of activity or ionising radiation in any thing;

(j) pursuant to an order made under section 30 of this Act, to carry out a licensing system relating to the custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of radioactive substances, nuclear devices or irradiating apparatus;

(k) to provide and, where appropriate, approve of, training in relation to activities licensed under an order under section 30 of this Act and in relation to radiological safety;

(l) to collect and disseminate information on ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters related therewith;

(m) to advise the Government, the Minister and other Ministers regarding representation of the State on international bodies dealing with ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters connected therewith; and

(n) to represent the State in such manner and on such international bodies as may be directed by the said Ministers.

9 Conferral of additional functions on Institute.

9.—(1) The Minister may, from time to time, by order—

(a) confer on the Institute such additional functions connected with the functions for the time being of the Institute or the services or activities that the Institute is authorised for the time being to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities in relation to ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters connected therewith) as he considers appropriate;

(b) make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Institute of functions under this section or the performance by the Institute of functions so conferred; and

(c) extend the powers and functions of the Institute to cover such matters pertaining to non-ionising radiation as may be specified in the order.

(2) Without prejudice to the generality of subsection (1) of this section, the Minister may, from time to time, by order assign to the Institute any or all of the following functions:

(a) the monitoring of compliance with any safety codes established or regulations made (whether under this Act, the Health Act, 1953, or any of the relevant statutory provisions within the meaning of the Safety, Health and Welfare at Work Act, 1989) relating to radioactive substances, nuclear devices or irradiating apparatus or to radiological safety, and

(b) in the performance of any function mentioned in this subsection, the control of the custody, use, manufacture, importation, distribution, transportation, insurance, sale, exportation or other disposal of radioactive substances or irradiating apparatus or nuclear devices as may be specified in the order.

(3) Before making an order under this section, the Minister shall consult the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Foreign Affairs, Education, Health, the Environment, Tourism and Transport, the Marine, Communications and Defence.

(4) An order under this section may include such conditions, in relation to the execution of functions conferred on the Institute under this section, as the Minister, after consultation with the aforesaid Ministers, may determine.

(5) The Minister may, after consultation with the Ministers referred to in subsection (3) of this section by order revoke or amend an order under this section.

10 Charges for services.

10.—(1) Subject to the provisions of this section, the Institute may make such charges as it considers appropriate in consideration of the performance by it of its functions, the provision by it of services and the carrying on by it of activities other than those performed, provided or carried on for the Minister.

(2) The determination of the amounts of charges by the Institute shall be subject to the approval of the Minister and the Minister for Finance.

(3) Charges, prices and payments under subsection (1) of this section in respect of functions performed, services provided or activities carried on, shall not, save with the approval of the Minister, be less than the cost of the performance of the function, the provision of the service or the carrying on of the activity, as the case may be.

(4) The Institute may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1) of this section.

11 Chief Executive Officer.

11.—(1) There shall be a chief executive officer of the Institute who shall be known, and is in this Act referred to, as the Chief Executive Officer.

(2) The Chief Executive Officer shall carry on and manage and control generally the administration and business of the Institute and shall perform such other functions as may be determined by the Institute.

(3) The Chief Executive Officer shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as may be determined by the Minister with the consent of the Minister for Finance.