Commonwealth Coat of Arms of Australia

 

Australian Radiation Protection and Nuclear Safety Regulations 2018

I, the Honourable Paul de Jersey AC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 06 December 2018

Paul de Jersey AC

Administrator of the Government of the Commonwealth of Australia

By His Excellencys Command

Bridget McKenzie

Minister for Regional Services, Sport, Local Government and Decentralisation

 

 

 

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Parent nuclides and progeny nuclides included in secular equilibrium

Part 2—CEO’s functions

6 Simplified outline of this Part

7 CEO’s functions

Part 3—Controlled apparatus, controlled facilities and controlled persons

Division 1—Simplified outline of this Part

8 Simplified outline of this Part

Division 2—Controlled apparatus

9 Kinds of apparatus that are controlled apparatus

Division 3—Controlled facilities

Subdivision A—Activity levels for certain facilities to be nuclear installations

10 Activity level for radioactive waste storage facilities to be nuclear installations

11 Activity level for radioactive waste disposal facilities to be nuclear installations

12 Activity level for facilities for production of radioisotopes to be nuclear installations

Subdivision B—Prescribed radiation facilities

13 Prescribed radiation facility

Subdivision C—Prescribed legacy sites

14 Prescribed legacy site

Division 4—Controlled persons

15 Prescribed Commonwealth place

Part 4—The Radiation Health and Safety Advisory Council and advisory committees

Division 1—Introduction

16 Simplified outline of this Part

17 Authority for this Part

Division 2—Radiation Health and Safety Advisory Council

Subdivision A—Provisions about membership of the Council

18 Term of appointment

19 Resignation

20 Disclosure of interests to the Minister

21 Disclosure of interests to the Council

22 Termination of appointment

23 Leave of absence

Subdivision B—Provisions about Council procedure

24 Council procedures generally

25 Meetings

26 Presiding at meetings

27 Quorum

28 Voting at meetings

29 Records and reports

Division 3Radiation Health Committee and Nuclear Safety Committee

Subdivision A—Provisions about membership of the Committees

30 Term of appointment

31 Resignation

32 Disclosure of interests to the CEO

33 Disclosure of interests to the Committee

34 Termination of appointment

35 Leave of absence

Subdivision B—Provisions about Committee procedure

36 Committee procedures generally

37 Meetings

38 Presiding at meetings

39 Quorum

40 Voting at meetings

41 Records and reports

Part 5—Licences

Division 1—Simplified outline of this Part

42 Simplified outline of this Part

Division 2—Exemptions

43 Exemption of controlled person from requirement for facility licence for conduct relating to controlled facility

44 Exempt dealings with controlled material or controlled apparatus

Division 3—Applications for licences

45 How application for facility licence or source licence for Commonwealth entity is to be made

46 Application for facility licence

47 Application for source licence

48 Public notice and consultation before facility licence issued

Division 4—Application fees for licences

49 Application fees for facility licences relating to nuclear installations

50 Application fees for facility licences relating to prescribed radiation facilities

51 Application fees for facility licences relating to prescribed legacy sites

52 Application fees for source licences

Division 5—Deciding whether to issue licence

53 Issue of facility licence—matters to be taken into account by CEO

54 Issue of source licence—matters to be taken into account by CEO

Division 6—Licence conditions

55 Authority for this Division

56 Taking steps to prevent breaches of other conditions

57 Investigating and rectifying breaches of conditions

58 Preventing, controlling and minimising accidents

59 Complying with Codes

60 Managing safety

61 Reviewing and updating plans and arrangements for managing safety

62 Keeping accurate inventory of controlled apparatus and materials

63 Obtaining CEO’s approval for certain changes

64 Telling CEO about other changes

65 Telling CEO about disposal and transfer of controlled apparatus, controlled materials and controlled facilities

66 Obtaining approval for constructing safety item

67 Obtaining approval for loading nuclear fuel

Division 7—Annual charge

68 Authority for this Division

69 Time for payment of annual charge

70 Prorating of annual charge

71 Refund of annual charge

Part 6—Practices and procedures to be followed

Division 1—Introduction

72 Simplified outline of this Part

73 Application of this Part

74 Limits on the operation of this Part

Division 2—Dose limits

75 Scope of this Division

76 Practices to be followed by holders of licences

77 Effective dose limits for ionizing radiation

78 Effective doses

79 Annual equivalent dose limit for ionizing radiation

80 Dealings with controlled apparatus generating nonionizing radiation to comply with nonionizing radiation exposure limits

Division 3—Practices and procedures

81 Practices and procedures to be followed by controlled persons

Part 7—Miscellaneous

82 Simplified outline of this Part

83 Inspector’s identity card

84 State and Territory laws that do not apply to activities of controlled or permitted persons

85 International agreements

86 Review of decisions by CEO

Part 8—Application, saving and transitional provisions

Division 1—Provisions for this instrument as originally made

87 Things done under the Australian Radiation Protection and Nuclear Safety Regulations 1999

Schedule 1—Activity concentration values and activity values for nuclides

Part 1—Activity concentration values and activity values for nuclides

Part 2—Parent and progeny nuclides

Schedule 2—Form of inspector’s identity card

Part 1Preliminary

 

1  Name

  This instrument is the Australian Radiation Protection and Nuclear Safety Regulations 2018.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

8 December 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Australian Radiation Protection and Nuclear Safety Act 1998.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) controlled apparatus;

(b) controlled facility;

(c) controlled material;

(d) controlled person;

(e) deal with.

  In this instrument:

absorbed dose means the energy absorbed per unit mass by matter from ionizing radiation that impinges upon it.

Note: See the Planned Exposure Code.

Act means the Australian Radiation Protection and Nuclear Safety Act 1998.

action level means an intervention level applied to exposure to radiation.

activity concentration value steps: the activity concentration value steps for a waste package are the following steps:

 (a) first, divide the activity of each nuclide in the waste package by the mass of the waste package;

 (b) secondly, divide the result of paragraph (a) for each nuclide by the activity concentration value set out in Part 1 of Schedule 1 for the nuclide;

 (c) thirdly, if there is more than one nuclide in the waste package, total the result of paragraph (b) for each nuclide.

Note: Section 5 affects how the activity of a parent nuclide mentioned in Part 2 of Schedule 1 (or marked a in Part 1 of Schedule 1) is worked out, by providing for inclusion of the activity of certain progeny nuclides that are included in secular equilibrium with the parent nuclide.

activity value division steps: the activity value division steps for sources or controlled materials are the following steps:

 (a) first, divide the activity of each nuclide in the sources or controlled materials by the activity value set out in Part 1 of Schedule 1 for the nuclide;

 (b) secondly, if there is more than one nuclide in the sources or controlled materials, total the result of paragraph (a) for each nuclide.

Note: Section 5 affects how the activity of a parent nuclide mentioned in Part 2 of Schedule 1 (or marked a in Part 1 of Schedule 1) is worked out, by providing for inclusion of the activity of certain progeny nuclides that are included in secular equilibrium with the parent nuclide.

appointed member of the Council or a Committee means a member of the Council or Committee other than the CEO.

AS/NZS IEC 60825.1:2014 means the Australian/New Zealand Standard AS/NZS IEC 60825.1:2014 Safety of laser products, Part 1: Equipment classification and requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as at the commencement of this instrument.

AS/NZS IEC 60825.2:2011 means the Australian/New Zealand Standard AS/NZS IEC 60825.2:2011 Safety of laser products, Part 2: Safety of optical fibre communication systems (OFCS), published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as at the commencement of this instrument.

committed effective dose means the effective dose that a person is committed to receive from an intake of radioactive material.

Note: See the Planned Exposure Code.

Committee means the Radiation Health Committee or the Nuclear Safety Committee.

dose includes absorbed dose, equivalent dose and effective dose.

Note: See the Planned Exposure Code.

effective dose means a measure of dose that takes into account both the type of radiation involved and the radiological sensitivities of the organs and tissues irradiated.

Note: See the Planned Exposure Code.

equivalent dose means a measure of dose in organs and tissues that takes into account the type of radiation involved.

Note: See the Planned Exposure Code.

excluded exposure means the component of exposure that arises from natural background radiation, provided that:

 (a) any relevant action level or levels for the workplace are not exceeded; and

 (b) the CEO does not prohibit the exclusion of that component.

exposure means exposure to radiation.

Group 1: each controlled apparatus or controlled material described in the following table is in Group 1.

Group 1 controlled apparatus and controlled materials

 

Controlled apparatus or controlled material

1

Sealed source for calibration purposes of activity of 40 MBq or less

2

Sealed source in a fully enclosed analytical device

3

Sealed source with activity of 400 MBq or less in a fixed gauge

4

Sealed source in a blood irradiator

5

Sealed source in a bone densitometer

6

Sealed source that:

(a) is in storage and awaiting disposal; and

(b) has a nuclide with a maximum activity of not more than 109 times the activity value for that nuclide set out in Part 1 of Schedule 1

7

Unsealed source, or sources, in a laboratory or particular premises, having nuclides of one kind only with a maximum activity not more than 102 times the activity value for that nuclide set out in Part 1 of Schedule 1

8

Unsealed source, or sources, in a laboratory or particular premises, having nuclides such that, when the maximum activity of each nuclide in the source, or sources, is divided by the activity value for that nuclide set out in Part 1 of Schedule 1, the total of the results for all nuclides in the source, or sources, is not more than 102

9

Mammographic Xray unit

10

Conventional dental Xray unit

11

Xray unit used for bone densitometry

12

Xray unit used for veterinary radiography

13

Fully enclosed Xray analysis unit

14

Baggage inspection Xray unit

15

Mobile or portable medical Xray unit

16

Magnetic field nondestructive testing device

17

Induction heater or induction furnace

18

Industrial radiofrequency heater or welder

19

Radiofrequency plasma tube

20

Microwave or radiofrequency diathermy equipment

21

Industrial microwave or radiofrequency processing system

22

Optical source, other than a laser product, emitting ultraviolet radiation, infrared or visible light

23

Laser product with an accessible emission that exceeds the accessible emission limits of a Class 3R laser product, as set out in AS/NZS IEC 60825.1:2014

24

Optical fibre communication system exceeding Hazard Level 3R, as defined by AS/NZS IEC 60825.2:2011

25

Sealed source not mentioned in another item of this table or in the definition of Group 2 or Group 3, dealings with which do not have the potential for accidental exposure likely to exceed the dose limits mentioned in sections 77 and 79

26

Controlled apparatus that produces ionizing radiation and is not mentioned in another item of this table or in the definition of Group 2 or Group 3, dealings with which do not have the potential for accidental exposure likely to exceed the dose limits mentioned in sections 77 and 79

Group 2: each controlled apparatus or controlled material described in the following table is in Group 2.

Group 2 controlled apparatus and controlled materials

 

Controlled apparatus or controlled material

1

Sealed source for calibration purposes of activity of more than 40 MBq

2

Sealed source in a partially enclosed analytical device

3

Sealed source of activity of more than 400 MBq in a fixed gauge

4

Sealed source in a mobile gauge

5

Sealed source for medical or veterinary diagnostic nuclear medicine use

6

Unsealed source, or sources, in a laboratory or particular premises, having nuclides of one kind only with a maximum activity of more than 102, but not more than 104, times the activity value for that nuclide set out in Part 1 of Schedule 1

7

Unsealed source, or sources, in a laboratory or particular premises, having nuclides such that, when the maximum activity of each nuclide in the source, or sources, is divided by the activity value for that nuclide set out in Part 1 of Schedule 1, the total of the results for all nuclides in the source, or sources, is more than 102 but not more than 104

8

Unsealed sources used for tracer studies in the environment

9

Industrial radiography Xray unit

10

Fixed medical Xray unit, including a unit used for fluoroscopy, tomography and chiropractic radiography

11

Partially enclosed Xray analysis unit

12

Medical therapy simulator

13

CT scanner

14

Sealed source not mentioned in another item of this table or in the definition of Group 1 or Group 3, dealings with which have the potential for accidental exposure likely to exceed a dose limit mentioned in sections 77 and 79 but unlikely to result in acute effects

15

Controlled apparatus that produces ionizing radiation not mentioned in another item of this table or in the definition of Group 1 or Group 3, dealings with which have the potential for accidental exposure likely to exceed a dose limit mentioned in sections 77 and 79 but unlikely to result in acute effects

Group 3: each controlled apparatus or controlled material described in the following table is in Group 3.

Group 3 controlled apparatus and controlled materials

 

Controlled apparatus or controlled material

1

Sealed source for industrial radiography

2

Sealed source for medical and veterinary radiotherapy

3

Sealed source in a borehole logger

4

Sealed source not mentioned in another item of this table or in the definition of Group 1 or Group 2, dealings with which have the potential for accidental exposure likely to exceed a dose limit mentioned in sections 77 and 79 and likely to result in acute effects

5

Unsealed source, or sources, in a laboratory or particular premises, having nuclides of one kind only with a maximum activity of more than 104, but not more than 106, times the activity value for that nuclide set out in Part 1 of Schedule 1

6

Unsealed source, or sources, in a laboratory or particular premises, having nuclides such that, when the maximum activity of each nuclide in the source, or sources, is divided by the activity value for that nuclide set out in Part 1 of Schedule 1, the total of the results for all nuclides in the source, or sources, is more than 104 but not more than 106

7

Veterinary or medical radiotherapy unit

8

Controlled apparatus that produces ionizing radiation not mentioned in another item of this table or in the definition of Group 1 or Group 2, dealings with which have the potential for accidental exposure likely to exceed a dose limit mentioned in sections 77 and 79 and likely to result in acute effects

holder of a licence means the controlled person to whom the licence is issued.

irradiator means a device that contains a controlled material and gives a controlled dose of radiation to any target material.

Licence Charges Regulations means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2018.

nonionizing radiation exposure limits means any of the following:

 (a) the reference levels mentioned in the ICNIRP Guidelines For Limiting Exposure To TimeVarying Electric And Magnetic Fields (1 Hz—100 kHz), published by the International Commission on NonIonizing Radiation Protection, as at the commencement of this instrument;

 (b) the maximum exposure levels mentioned in the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields—3 kHz to 300 GHz (2002) (Radiation Protection Series No. 3), published by the CEO, as at the commencement of this instrument;

 (c) the maximum permissible exposure limits mentioned in AS/NZS IEC 60825.1:2014;

 (d) the exposure limits mentioned in the Australian/New Zealand Standard AS/NZS IEC 62471:2011 Photobiological safety of lamp and lamp systems, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as at the commencement of this instrument;

 (e) the exposure limits mentioned in the Radiation Protection Standard for Occupational Exposure to Ultraviolet Radiation (2006) (Radiation Protection Series No. 12), published by the CEO, as at the commencement of this instrument;

 (f) the exposure limits mentioned in the ICNIRP Guidelines On Limits Of Exposure To Static Magnetic Fields, published by the International Commission on NonIonizing Radiation Protection, as at the commencement of this instrument.

Note 1: The documents mentioned in paragraphs (a), (b), (e) and (f) could in 2018 be viewed on, or accessed from, ARPANSAs website (https://www.arpansa.gov.au).

Note 2: For guidance on the exposure limits mentioned in paragraph (d), see the ICNIRP Guidelines On Limits Of Exposure To Incoherent Visible And Infrared Radiation, published by the International Commission on NonIonizing Radiation Protection. The Guidelines could in 2018 be accessed from ARPANSAs website (https://www.arpansa.gov.au).

occupational exposure means exposure of a person that:

 (a) occurs in the course of the person’s work; and

 (b) is not excluded exposure.

Planned Exposure Code means the Code for Radiation Protection in Planned Exposure Situations (2016) (Radiation Protection Series C1), published by the CEO, as at the commencement of this instrument.

Note: The Planned Exposure Code could in 2018 be viewed on ARPANSAs website (https://www.arpansa.gov.au).

public exposure means exposure of a person that is none of the following:

 (a) occupational exposure of the person;

 (b) exposure of the person:

 (i) as a patient undergoing medical diagnosis or therapy; or

 (ii) as a volunteer in medical research;

 (c) exposure, other than occupational exposure, received as a consequence of the person assisting an exposed patient.

sealed source means controlled material permanently contained in a capsule, or closely bound in a solid form, that is strong enough to be leaktight for:

 (a) the intended use of the controlled material; and

 (b) any reasonably foreseeable abnormal events likely to affect the controlled material.

Security Code of Practice means the Code of Practice for the Security of Radioactive Sources (2007) (Radiation Protection Series No. 11), published by the CEO, as at the commencement of this instrument.

Note: The Security Code of Practice could in 2018 be viewed on ARPANSAs website (https://www.arpansa.gov.au).

Transport Code means the Code for the Safe Transport of Radioactive Material (2014) (Radiation Protection Series C2), published by the CEO, as at the commencement of this instrument.

Note: The Transport Code could in 2018 be viewed on ARPANSAs website (https://www.arpansa.gov.au).

unsealed source means controlled material that is not a sealed source.

waste package means the waste form of controlled material and its container as prepared for handling, transport, storage or disposal.

5  Parent nuclides and progeny nuclides included in secular equilibrium

 (1) For the purposes of this instrument, in determining the activity of a parent nuclide mentioned in an item of Part 2 of Schedule 1, include the activity of any progeny nuclide mentioned in that item that is included in secular equilibrium with the parent nuclide.

Note: Parent nuclides are also marked a in Part 1 of Schedule 1.

 (2) Except for the purposes of determining under subsection (1) the activity of a parent nuclide mentioned in an item of Part 2 of Schedule 1, the activity of a progeny nuclide mentioned in an item of that Part is taken to be nil when included in secular equilibrium with a parent nuclide mentioned in that item.

Part 2CEOs functions

 

6  Simplified outline of this Part

The CEO’s functions include:

 (a) granting permissions and approvals for other regulatory regimes; and

 (b) making guidelines about compliance by licence holders and conducting of inspections.

7  CEOs functions

  For the purposes of paragraph 15(1)(i) of the Act, the following are functions of the CEO:

 (a) to grant permissions to export from Australia high activity radioactive sources under regulation 9AD of the Customs (Prohibited Exports) Regulations 1958;

 (b) to grant permissions to import into Australia radioactive substances under regulation 4R of the Customs (Prohibited Imports) Regulations 1956;

 (c) to grant approvals under the Transport Code in the CEOs capacity as competent authority for the Commonwealth for the purposes of the Transport Code;

 (d) to make guidelines about:

 (i) how holders of licences will report their compliance with the Act, this instrument and licence conditions; and

 (ii) how inspection of controlled facilities, controlled apparatus and controlled materials will be conducted.

Part 3Controlled apparatus, controlled facilities and controlled persons

Division 1Simplified outline of this Part

8  Simplified outline of this Part

Under the Act, controlled apparatus includes apparatus prescribed by regulations that produces harmful nonionizing radiation when energised. Division 2 of this Part prescribes apparatus that is controlled apparatus.

Under the Act, controlled facilities are:

 (a) nuclear installations, including both radioactive waste storage or disposal facilities with an activity greater than the activity level prescribed by the regulations and facilities for production of radioisotopes with an activity greater than the activity level prescribed by regulations; and

 (b) prescribed radiation facilities, which are facilities or installations prescribed by regulations; and

 (c) prescribed legacy sites, which are places prescribed by regulations.

Division 3 of this Part prescribes:

 (a) activity levels for facilities to be nuclear installations; and

 (b) facilities and installations that are prescribed radiation facilities; and

 (c) places that are prescribed legacy sites.

Under the Act, controlled persons include persons in Commonwealth places prescribed by regulations. Division 4 of this Part prescribes such places.

Division 2Controlled apparatus

9  Kinds of apparatus that are controlled apparatus

 (1) For the purpose of paragraph (c) of the definition of controlled apparatus in section 13 of the Act, an apparatus is prescribed if:

 (a) it is any of the following:

 (i) a magnetic field nondestructive testing device;

 (ii) an induction heater or induction furnace;

 (iii) an industrial radiofrequency heater or welder;

 (iv) a radiofrequency plasma tube;

 (v) microwave or radiofrequency diathermy equipment;

 (vi) an industrial microwave or radiofrequency processing system;

 (vii) an optical source, other than a laser product, emitting ultraviolet radiation or infrared or visible light;

 (viii) a laser product with an accessible emission that exceeds the accessible emission limits of a Class 3R laser product, as set out in AS/NZS IEC 60825.1:2014;

 (ix) an optical fibre communication system exceeding Hazard Level 3R, as defined by AS/NZS IEC 60825.2:2011; and

 (b) it produces nonionizing radiation that could lead to a person being exposed to radiation levels exceeding the nonionizing radiation exposure limits; and

 (c) exposure to those levels is readily accessible to persons:

 (i) in the course of intended operations or procedures of the apparatus; or

 (ii) as a result of a reasonably foreseeable abnormal event involving the apparatus; or

 (iii) as a result of a reasonably foreseeable single element failure of the apparatus; or

 (iv) without the use of tools or other specialised equipment required to remove protective barriers or access panels; and

 (d) the apparatus is not declared under subsection (2).

 (2) The CEO may declare, in writing, that particular apparatus is not prescribed by subsection (1).

Note: A decision to refuse to make a declaration is reviewable under section 86.

 (3) The CEO must not make a declaration under subsection (2) unless the CEO is satisfied that:

 (a) the apparatus does not pose an unacceptable hazard to the health and safety of people or to the environment; or

 (b) it would be inappropriate for the apparatus to be a controlled apparatus.

 (4) The CEO must publish the declaration on ARPANSA’s website as soon as practicable after making it.

Division 3Controlled facilities

Subdivision AActivity levels for certain facilities to be nuclear installations

10  Activity level for radioactive waste storage facilities to be nuclear installations

 (1) For the purposes of paragraph (c) of the definition of nuclear installation in section 13 of the Act, this section prescribes the activity level for a radioactive waste storage facility that contains, or is designed to contain, controlled materials.

Level for facility for unsealed sources

 (2) If:

 (a) the facility contains, or is designed to contain, unsealed sources; and

 (b) the result of the activity concentration value steps for a waste package of the unsealed sources is greater than 104;

the level is that at which the result of the activity value division steps for the unsealed sources in the facility is 106.

Note: For activity concentration value steps, activity value division steps, unsealed source and waste package, see section 4.

Level for facility for sealed sources

 (3) If the facility contains, or is designed to contain, sealed sources, the level is that at which the result of the activity value division steps for the sealed sources in the facility is 1010.

Note: For activity value division steps and sealed source, see section 4.

11  Activity level for radioactive waste disposal facilities to be nuclear installations

 (1) For the purposes of paragraph (c) of the definition of nuclear installation in section 13 of the Act, this section prescribes the activity level for a radioactive waste disposal facility if:

 (a) the facility contains, or is designed to contain, controlled materials; and

 (b) the result of the activity concentration value steps for a waste package of the controlled materials is greater than 102.

Note: For activity concentration value steps and waste package, see section 4.

 (2) The level for the facility is that at which the result of the activity value division steps for the controlled materials in the facility is 108.

Note: For activity value division steps, see section 4.

12  Activity level for facilities for production of radioisotopes to be nuclear installations

 (1) For the purposes of paragraph (d) of the definition of nuclear installation in section 13 of the Act, this section prescribes the activity level for a facility for production of radioisotopes.

Level for facility for unsealed sources

 (2) If the facility contains, or is designed to contain, unsealed sources, the level is that at which the result of the activity value division steps for the unsealed sources is 106.

Note: For activity value division steps and unsealed source, see section 4.

Level for facility for sealed sources

 (3) If the facility contains, or is designed to contain, sealed sources, the level is that at which the result of the activity value division steps for the sealed sources is 1010.

Note: For activity value division steps and sealed source, see section 4.

Subdivision BPrescribed radiation facilities

13  Prescribed radiation facility

 (1) For the purposes of the definition of prescribed radiation facility in section 13 of the Act, the following facilities and installations are prescribed:

 (a) a particle accelerator that:

 (i) has, or is capable of having, a beam energy greater than 1 MeV; or

 (ii) can produce neutrons;

 (b) an irradiator that contains more than 1015 Bq of a controlled material;

 (c) an irradiator that contains more than 1013 Bq but not more than 1015 Bq of a controlled material and:

 (i) does not include shielding as an integral part of its construction; or

 (ii) includes as an integral part of its construction shielding that does not prevent a person from being exposed to the source or does not shield a source during the operation of the irradiator;

 (d) a facility (other than a nuclear installation) used for the production, processing, use, storage, management or disposal of:

 (i) unsealed sources for which the result of the activity value division steps is greater than 106; or

 (ii) sealed sources for which the result of the activity value division steps is greater than 109.

Note: For activity value division steps, sealed source and unsealed source, see section 4.

 (2) However, the CEO may declare, in writing, that a particular facility is not a prescribed radiation facility. The declaration has effect according to its terms.

Note: A decision to refuse to make a declaration is reviewable under section 86.

 (3) The CEO must not make a declaration under subsection (2) unless the CEO is satisfied that:

 (a) the facility does not pose an unacceptable hazard to the health and safety of people or to the environment; and

 (b) it would be inappropriate for the facility to be a prescribed radiation facility.

 (4) The CEO must publish the declaration on ARPANSA’s website as soon as practicable after making it.

Subdivision CPrescribed legacy sites

14  Prescribed legacy site

 (1) For the purposes of the definition of prescribed legacy site in section 13 of the Act, the place described in subsection (2) is prescribed.

 (2) The place is that known as the Little Forest Legacy Site, as shown labelled LFLS on site plan drawing No. AO SK 127039 revision G dated 1 July 2015, Little Forest Road, Lucas Heights, in the local government area of Sutherland, Parish of Holsworthy, County of Cumberland, erected on part of the land contained in Certificate of Title folio identifier 1/106967.

Note: The Little Forest Legacy Site was previously known as the Little Forest Burial Ground.

Division 4Controlled persons

15  Prescribed Commonwealth place

 (1) For the purposes of the definition of prescribed Commonwealth place in section 13 of the Act, the place described in subsection (2) is prescribed.

 (2) The place is that known as Building 64, as shown on site plan drawing No. A3E 111993 dated November 1999, Lucas Heights Science and Research Centre, New Illawarra Road, Lucas Heights, in the local government area of Sutherland, Parish of Eckersley, County of Cumberland, erected on part of the land contained in Certificate of Title folio identifier 1/89876.

Part 4The Radiation Health and Safety Advisory Council and advisory committees

Division 1Introduction

16  Simplified outline of this Part

The Act establishes the Radiation Health and Safety Advisory Council, the Radiation Health Committee and the Nuclear Safety Committee and specifies their membership, but allows the regulations to provide for matters relating to those bodies, including the following:

 (a) the term of appointment of members;

 (b) resignation of members;

 (c) disclosure of interests by members;

 (d) procedural matters.

This Part deals with all those matters.

17  Authority for this Part

  This Part has effect for the purposes of section 29 of the Act.

Division 2Radiation Health and Safety Advisory Council

Subdivision AProvisions about membership of the Council

18  Term of appointment

Appointed member of the Council

 (1) An appointed member of the Council holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Chair of the Council

 (2) The Chair of the Council holds office for the period specified in the instrument of appointment.

19  Resignation

 (1) An appointed member of the Council may resign the members appointment by giving the Minister a written resignation.

 (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

20  Disclosure of interests to the Minister

  An appointed member of the Council must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the members functions.

21  Disclosure of interests to the Council

 (1) A member of the Council who has an interest, pecuniary or otherwise, that conflicts or could conflict with the proper performance of the member’s functions in a matter being considered or about to be considered by the Council must disclose the nature of the interest to a meeting of the Council.

 (2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

 (3) The disclosure must be recorded in the minutes of the meeting.

22  Termination of appointment

 (1) The Minister may terminate the appointment of an appointed member of the Council:

 (a) for misbehaviour; or

 (b) if the member is unable to perform the duties of the members office because of physical or mental incapacity.

 (2) The Minister may terminate the appointment of an appointed member of the Council if:

 (a) the member:

 (i) becomes bankrupt; or

 (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

 (iii) compounds with the members creditors; or

 (iv) makes an assignment of the member’s remuneration for the benefit of the members creditors; or

 (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Council; or

 (c) the member fails, without reasonable excuse, to comply with section 20 or 21.

23  Leave of absence

 (1) The Minister may grant leave of absence to the Chair of the Council.

 (2) The Chair may grant leave of absence to any other member of the Council on the terms and conditions that the Chair determines.

Subdivision BProvisions about Council procedure

24  Council procedures generally

 (1) In performing its functions, the Council:

 (a) must act according to this instrument; and

 (b) must act with as little formality and as quickly as the requirements of this instrument, and a proper consideration of the issues before the Council, allow; and

 (c) may obtain information about an issue in any way it considers appropriate.

 (2) However, the Council must comply with any directions given, in writing, to the Council by the Minister or the CEO about the Councils performance of its functions.

25  Meetings

 (1) The Minister or the CEO may, by written notice to the Council, direct the Council to hold meetings at the times and places, and to deal with matters in the manner, stated in the notice.

 (2) If the Minister or the CEO has not given written notice to the Council under subsection (1), the Council may hold the meetings at the times and places, and may deal with matters in the manner, that the Council considers necessary for the performance of its functions.

 (3) Subject to this Division, the procedure of a meeting of the Council is as decided by the Council.

26  Presiding at meetings

 (1) The Chair of the Council must preside at all meetings at which the Chair is present.

 (2) If the Chair of the Council is not present at a meeting, the other members of the Council present must appoint one of themselves to preside.

27  Quorum

  At a meeting of the Council, a quorum is constituted by a majority of members of the Council.

28  Voting at meetings

 (1) A question arising at a meeting of the Council is to be determined by a majority of the votes of the members of the Council present and voting.

 (2) The person presiding at a meeting of the Council has a deliberative vote and, if the votes are equal, a casting vote.

29  Records and reports

 (1) The Council must keep minutes of its meetings.

 (2) The Council must prepare a report for the CEO on the Councils activities for each financial year. The Council must give the CEO the report by the first 31 July after the end of the financial year.

Division 3Radiation Health Committee and Nuclear Safety Committee

Subdivision AProvisions about membership of the Committees

30  Term of appointment

Appointed member of a Committee

 (1) An appointed member of a Committee holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Chair of a Committee

 (2) The Chair of a Committee holds office for the period specified in the instrument of appointment.

31  Resignation

 (1) An appointed member of a Committee may resign the members appointment by giving the CEO a written resignation.

 (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.

32  Disclosure of interests to the CEO

  An appointed member of a Committee must give written notice to the CEO of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the members functions.

33  Disclosure of interests to the Committee

 (1) A member of a Committee who has an interest, pecuniary or otherwise, that conflicts or could conflict with the proper performance of the member’s functions in a matter being considered or about to be considered by the Committee must disclose the nature of the interest to a meeting of the Committee.

 (2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

 (3) The disclosure must be recorded in the minutes of the meeting.

34  Termination of appointment

 (1) The CEO may terminate the appointment of an appointed member of a Committee:

 (a) for misbehaviour; or

 (b) if the member is unable to perform the duties of the members office because of physical or mental incapacity.

 (2) The CEO may terminate the appointment of an appointed member of a Committee if:

 (a) the member:

 (i) becomes bankrupt; or

 (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

 (iii) compounds with the members creditors; or

 (iv) makes an assignment of the member’s remuneration for the benefit of the members creditors; or

 (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Committee; or

 (c) the member fails, without reasonable excuse, to comply with section 32 or 33.

35  Leave of absence

 (1) The CEO may grant leave of absence to the Chair of a Committee.

 (2) The Chair of a Committee may grant leave of absence to any other member of the Committee on the terms and conditions that the Chair determines.

Subdivision BProvisions about Committee procedure

36  Committee procedures generally

 (1) In performing its functions, a Committee:

 (a) must act according to this instrument; and

 (b) must act with as little formality and as quickly as the requirements of this instrument, and a proper consideration of the issues before the Committee, allow; and

 (c) may obtain information about an issue in any way it considers appropriate.

 (2) However, the Committee must comply with any directions given, in writing, to the Committee by the CEO about the Committees performance of its functions.

37  Meetings

 (1) The CEO may, by written notice to the Committee, direct the Committee to hold meetings at the times and places, and to deal with matters in the manner, stated in the notice.

 (2) If the CEO has not given written notice to the Committee under subsection (1), the Committee may hold the meetings at the times and places, and may deal with matters in the manner, that the Committee considers necessary for the performance of its functions.

 (3) Subject to this instrument, the procedure of a meeting of a Committee is as decided by the Committee.

38  Presiding at meetings

 (1) The Chair of a Committee must preside at all meetings of the Committee at which the Chair is present.

 (2) If the Chair of a Committee is not present at a meeting, the other members of the Committee present must appoint one of themselves to preside.

39  Quorum

  At a meeting of a Committee, a quorum is constituted by a majority of members of the Committee.

40  Voting at meetings

 (1) A question arising at a meeting of a Committee is to be determined by a majority of the votes of the members of the Committee present and voting.

 (2) The person presiding at a meeting of a Committee has a deliberative vote and, if the votes are equal, a casting vote.

41  Records and reports

 (1) A Committee must keep minutes of its meetings.

 (2) A Committee must prepare any report that is requested by the CEO.

 (3) If a Committee prepares a report on any matter, it must give a copy of the report to the CEO.

Part 5Licences

Division 1Simplified outline of this Part

42  Simplified outline of this Part

This Part provides for:

 (a) exemptions from requirements to hold a licence under the Act; and

 (b) making and deciding applications for licences; and

 (c) fees for applications for licences; and

 (d) conditions on licences; and

 (e) payment, adjustment and refund of annual charges for licences.

Division 2Exemptions

43  Exemption of controlled person from requirement for facility licence for conduct relating to controlled facility

 (1) For the purposes of paragraph 30(1)(g) of the Act, a controlled person is exempted in relation to conduct of a kind mentioned in paragraph 30(1)(a), (b), (c), (d), (e) or (ea) of the Act in relation to a controlled facility if:

 (a) the controlled person, the kind of conduct and the controlled facility are specified in a declaration that is made and published under this section; and

 (b) the declaration is in effect at the time the conduct is undertaken.

Declaration

 (2) The CEO may declare, in writing, that particular current or future conduct of a kind mentioned in paragraph 30(1)(a), (b), (c), (d), (e) or (ea) of the Act, by a particular controlled person in relation to a particular controlled facility, does not, or will not, pose an unacceptable potential hazard to the health and safety of people or to the environment.

Note: A decision to refuse to make a declaration is reviewable under section 86.

 (3) The CEO may also state in the declaration that:

 (a) the declaration has effect only if circumstances mentioned in the declaration exist; or

 (b) the declaration does not have effect if circumstances mentioned in the declaration exist.

Prerequisites for making declaration

 (4) If the CEO proposes to make a declaration under subsection (2), the CEO must, as soon as practicable, publish a notice in a daily newspaper circulating nationally, and on ARPANSA’s website, stating that the CEO proposes to make the declaration.

 (5) The notice must include:

 (a) either:

 (i) a copy of the proposed declaration; or

 (ii) a description of the controlled person, the kind of conduct and the controlled facility that are to be the subject of the declaration, and the text of any statements permitted under subsection (3); and

 (b) if the proposed declaration relates to a nuclear installation:

 (i) an invitation to people and bodies to make submissions about the proposed declaration; and

 (ii) information about the period for making submissions and procedures for making submissions.

Publication of declaration

 (6) The CEO must publish the declaration on ARPANSA’s website as soon as practicable after making it.

44  Exempt dealings with controlled material or controlled apparatus

Dealings that are exempt unless declared

 (1) For the purposes of paragraph 31(1)(b) of the Act, a dealing that is described in an item of the following table is an exempt dealing unless the dealing is declared under subsection (2) of this section.

Exempt dealings

 

Description of dealing

1

The dealing is with a controlled material that has:

(a) an activity concentration less than the activity concentration value for the material set out in Part 1 of Schedule 1; or

(b) an activity less than the activity value for the material set out in that Part

2

The dealing is mixing 2 or more controlled materials, and each of the following totals is one or less:

(a) the total (for all of the materials) of the results of dividing the activity for each material by the activity value for the material set out in Part 1 of Schedule 1;

(b) the total (for all of the materials) of the results of dividing the activity for each material by the product of:

(i) the activity concentration value for the material set out in Part 1 of Schedule 1; and

(ii) the total mass of the mixture

3

The dealing:

(a) is with radon222 with an activity concentration of less than 1,000 Bq/m3 occurring naturally in a workplace; and

(b) either:

(i) does not involve any other controlled material; or

(ii) involves another controlled material whose use in the dealing is an exempt dealing (apart from this item)

4

The dealing:

(a) is with depleted uranium that:

(i) is being used as radiation shielding in a container for controlled materials; and

(ii) is completely contained in an appropriate metallic sheath; and

(iii) is in a container for controlled materials that complies with the requirements in the Transport Code; and

(b) is not with any other controlled material

5

The dealing:

(a) is with depleted uranium that is in solid massive form used for ballast; and

(b) is not with any other controlled material

6

The dealing:

(a) is with a smoke detector designed and made in accordance with Australian Standard AS 3786:2014: Smoke Alarms using scattered light, transmitted light or ionization, as at the commencement of this instrument; and

(b) is not repair or maintenance of the detector

7

The dealing is with any of the following items and no other controlled apparatus or controlled material:

(a) a gaseous tritium light device that:

(i) is used solely for safety purposes; and

(ii) includes less than 74 GBq of tritium;

(b) a television receiver;

(c) a visual display terminal;

(d) a cathode ray tube;

(e) an electron microscope;

(f) arc welding equipment;

(g) an electron capture detector or similar device used in gas chromatography containing:

(i) a nickel63 sealed source with activity not more than 750 MBq; or

(ii) a tritium source with activity not more than 20 GBq;

(h) lighting products that include krypton85;

(i) radar equipment used for communications;

(j) radiofrequency equipment used for communications;

(k) an artificial optical source emitting ultraviolet A radiation (315—400 nm);

(l) a completely enclosed apparatus containing an ultraviolet radiation light source (e.g. a spectrophotometer);

(m) a biological safety cabinet (laminar flow or biohazard) with a failsafe interlocking system;

(n) an embedded (enclosed) laser product with an accessible emission that is lower than the accessible emission limits of a Class 3B laser product, as set out in AS/NZS IEC 60825.1:2014, during normal operations

8

The dealing is with a sealed source used for teaching the characteristics and properties of radiation or radiation sources, and the sealed source contains one or more of the following:

(a) cobalt60 with an activity not greater than 200 kBq;

(b) strontium90 with an activity not greater than 80 kBq;

(c) caesium137 with an activity not greater than 200 kBq;

(d) radium226 with an activity not greater than 20 kBq;

(e) americium241 with an activity not greater than 40 kBq

9

The dealing is with a geological sample that:

(a) contains radioactive material that emits radiation at a level not exceeding 5 micrograys an hour, measured at a distance of 10 cm from its surface; and

(b) is being used as a sample in teaching or for display as a geological specimen

Exception to exemption for declared risk of excessive dose

 (2) The CEO may declare, in writing, that a particular dealing described in the table in subsection (1) is a dealing for which:

 (a) the annual effective dose to an individual during normal operations is likely to be greater than 10 microsieverts; or

 (b) an accident, misuse or exceptional circumstance affecting the dealing is likely to produce a dose greater than the effective dose limit worked out under sections 77 and 78.

Note: A decision to make a declaration under this subsection is reviewable under section 86.

Exemption by declaration of dealings not covered by subsection (1)

 (3) For the purposes of paragraph 31(1)(b) of the Act, a dealing that is declared under subsection (4) or (5) of this section is an exempt dealing.

Note: A decision to refuse to make a declaration under subsection (4) or (5) is reviewable under section 86.

Declaration of lowdose dealing

 (4) The CEO may declare, in writing, that a particular dealing that is not described in the table in subsection (1) is a dealing for which:

 (a) the annual effective dose to an individual during normal operations is likely to be not more than 10 microsieverts; or

 (b) an accident, misuse or exceptional circumstance affecting the dealing is not likely to produce a dose greater than the effective dose limit worked out under sections 77 and 78.

Declaration of lowrisk dealings

 (5) The CEO may declare, in writing, that:

 (a) a particular dealing that is not described in an item in the table in subsection (1) is a dealing involving:

 (i) a radiological emergency or its aftereffects; or

 (ii) the aftereffects of a previous dealing; or

 (iii) naturally occurring materials; or

 (iv) bulk material with a mass of more than 1,000 kg; and

 (b) an assessment of the magnitude of individual doses, the number of people exposed and the likelihood that potential exposure will actually occur justifies the dealing being exempt.

Publication of declarations

 (6) The CEO must publish a declaration under subsection (2), (4) or (5) on ARPANSA’s website as soon as practicable after making it.

Division 3Applications for licences

45  How application for facility licence or source licence for Commonwealth entity is to be made

  An application for a facility licence, or source licence, for a Commonwealth entity (except an employee) must be made:

 (a) in the name of a Department or the entity; and

 (b) by the chief executive of the Department or entity or by a person authorised by the chief executive.

46  Application for facility licence

What must be included in application

 (1) An application for a facility licence must include the following:

 (a) the applicant’s full name, position and business address;

 (b) a description of the purpose of the facility to which the licence is to relate;

 (c) a detailed description of the facility and the site of the facility;

 (d) the applicant’s plans and arrangements for managing the facility to ensure the health and safety of people and the protection of the environment, including the following:

 (i) arrangements for the applicant to maintain effective control of the facility;

 (ii) the safety management plan for the facility;

 (iii) the radiation protection plan for the facility;

 (iv) the radioactive waste management plan for the facility;

 (v) the security plan for the facility;

 (vi) the emergency plan for the facility;

 (vii) the environment protection plan for the facility.

Extra information CEO may ask for

 (2) The CEO may ask an applicant for a facility licence to give the CEO either or both of the following:

 (a) some or all of the information and documents described (or about a matter described) in an item of the following table relevant to the licence;

 (b) other information about the facility concerned that is relevant to deciding whether to issue the licence.

Information and documents CEO may ask applicant for facility licence to give

 

Column 1
Act to be authorised by licence

Column 2
Information or documents CEO may ask for

1

Preparing a site for a controlled facility

(a) detailed site evaluation establishing the suitability of the site for the facility;

(b) the characteristics of the site, including the extent to which the site may be affected by natural and human events;

(c) any environmental impact statement (however described) requested or required by a Commonwealth, State, Territory or local government agency in relation to the site or the facility, and the outcome of the environmental assessment

2

Constructing a controlled facility

(a) the design of the facility, including ways in which the design deals with the physical and environmental characteristics of the site;

(b) any fundamental difficulties that will need to be resolved before any facility licence relating to the facility is issued;

(c) the construction plan and schedule;

(d) a preliminary safety analysis report that demonstrates the adequacy of the design of the facility and identifies structures, components and systems that are safetyrelated items;

(e) the arrangements for testing and commissioning safetyrelated items

3

Having possession or control of a controlled facility

(a) arrangements for maintaining criticality safety during loading, moving or storing nuclear fuel and other fissile materials at the facility;

(b) arrangements for safe storage of controlled material and maintaining the facility

4

Operating a controlled facility

(a) description of the structures, components, systems and equipment of the facility as they have been constructed;

(b) final safety analysis report that demonstrates the adequacy of the design of the facility, and includes the results of commissioning tests;

(c) operational limits and conditions of the facility;

(d) arrangements for commissioning the facility;

(e) arrangements for operating the facility

5

Decommissioning a controlled facility

(a) decommissioning plan for the facility;

(b) schedule for decommissioning the facility

6

Abandoning a controlled facility

(a) results of decommissioning activities at the facility;

(b) details of any environmental monitoring program proposed for the site of the facility

 (3) The CEO may ask an applicant for a facility licence authorising dealing with controlled apparatus or controlled material to give the CEO anything described in section 47.

47  Application for source licence

What must be included in application

 (1) An application for a source licence must include the following:

 (a) the applicant’s full name, position and business address;

 (b) a description of the purpose of the dealing to be authorised by the licence;

 (c) a description of the purpose of the licence;

 (d) the applicant’s plans and arrangements for managing the controlled material or controlled apparatus to ensure the health and safety of people and the protection of the environment, including the following:

 (i) arrangements for maintaining effective control of the controlled material or controlled apparatus;

 (ii) the safety management plan for the controlled material or controlled apparatus;

 (iii) the radiation protection plan for the controlled material or controlled apparatus;

 (iv) the radioactive waste management plan for the controlled material or controlled apparatus;

 (v) the plan for ultimate disposal or transfer of the controlled material or controlled apparatus;

 (vi) the security plan for the controlled material or controlled apparatus;

 (vii) the emergency plan for the controlled material or controlled apparatus.

Extra information CEO may ask for

 (2) The CEO may ask an applicant for a source licence to give either or both of the following:

 (a) some or all of the information and documents described (or about a matter described) in an item of the following table relevant to the licence;

 (b) other information about the application that is relevant to deciding whether to issue the licence.

Information and documents CEO may ask applicant for source licence to give

 

Column 1
Dealing to be authorised by licence

Column 2
Information or documents CEO may ask for

1

A dealing with a sealed source

(a) the nuclide, activity, chemical form, encapsulation material and physical form of the sealed source;

(b) the purpose and identification details of the sealed source;

(c) the place where the sealed source is to be located;

(d) a copy of any sealed source certificate for the sealed source

2

A dealing with an unsealed source

(a) the nuclide, chemical form and physical form of the unsealed source;

(b) the purpose and identification details of the unsealed source;

(c) the maximum activity of each nuclide to be held on particular premises at any one time;

(d) the place where the unsealed source is to be located

3

A dealing with a controlled apparatus that produces ionizing radiation

(a) the purpose and identification details of the controlled apparatus;

(b) the maximum kilovoltage;

(c) the place where the controlled apparatus is used

4

A dealing with a controlled apparatus that produces nonionizing radiation

(a) the purpose and identification details of the controlled apparatus;

(b) the likely exposure levels including the nature of the radiation;

(c) all output parameters relevant to the likely exposure conditions;

(d) the place where the controlled apparatus is used

48  Public notice and consultation before facility licence issued

 (1) This section applies if the CEO receives an application for a facility licence.

 (2) As soon as practicable after receiving the application, the CEO must publish a notice in a daily newspaper circulating nationally, and on ARPANSA’s website, stating that the CEO intends to make a decision on the application.

 (3) If the application relates to a nuclear installation, the CEO must also include in the notice:

 (a) an invitation to people and bodies to make submissions about the application; and

 (b) information about:

 (i) the period for making submissions; and

 (ii) procedures for making submissions.

Division 4Application fees for licences

49  Application fees for facility licences relating to nuclear installations

  For the purposes of paragraph 34(b) of the Act, the fee to accompany an application for a facility licence to authorise an act described in an item of the following table is the amount set out in that item.

Application fees for facility licences relating to nuclear installations

 

Act authorised by licence

Amount ($)

1

Preparing a site for a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power less than 1 megawatt

30,144

2

Constructing a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power less than 1 megawatt

188,414

3

Possessing or controlling a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power less than 1 megawatt

150,732

4

Operating a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power less than 1 megawatt

75,364

5

Decommissioning, disposing of or abandoning a nuclear reactor that:

(a) was used for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) had maximum thermal power less than 1 megawatt

75,364

6

Preparing a site for a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power at least 1 megawatt

150,732

7

Constructing a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power at least 1 megawatt

602,933

8

Possessing or controlling a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power at least 1 megawatt

150,732

9

Operating a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power at least 1 megawatt

646,002

10

Decommissioning, disposing of or abandoning a nuclear reactor that:

(a) was used for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) had maximum thermal power at least 1 megawatt

150,732

11

Preparing a site for a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

15,071

12

Constructing a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

67,827

13

Possessing or controlling a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

15,071

14

Operating a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

67,827

15

Decommissioning, disposing of or abandoning a plant that was used for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 10

30,144

16

Preparing a site for:

(a) a radioactive waste storage facility designed to contain controlled materials with an activity greater than the applicable activity level prescribed by section 10; or

(b) a radioactive waste disposal facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 11

358,890

17

Constructing:

(a) a radioactive waste storage facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 10; or

(b) a radioactive waste disposal facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 11

430,667

18

Possessing or controlling:

(a) a radioactive waste storage facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 10; or

(b) a radioactive waste disposal facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 11

15,071

19

Operating:

(a) a radioactive waste storage facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 10; or

(b) a radioactive waste disposal facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 11

226,100

20

Decommissioning, disposing of or abandoning:

(a) a radioactive waste storage facility that contained controlled materials and had an activity greater than the applicable activity level prescribed by section 10; or

(b) a radioactive waste disposal facility that contained controlled materials and had an activity that was greater than the applicable activity level prescribed by section 11

30,144

21

Preparing a site for a facility to produce radioisotopes that is designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 12

75,364

22

Constructing a facility to produce radioisotopes that is designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 12

150,732

23

Possessing or controlling a facility producing radioisotopes and containing controlled materials that has an activity greater than the applicable activity level prescribed by section 12

15,071

24

Operating a facility producing radioisotopes and containing controlled materials that has an activity greater than the applicable activity level prescribed by section 12

135,659

25

Decommissioning, disposing of or abandoning a facility that formerly produced radioisotopes, contained controlled materials and had an activity greater than the applicable activity level prescribed by section 12

30,144

50  Application fees for facility licences relating to prescribed radiation facilities

 (1) For the purposes of paragraph 34(b) of the Act, the fee to accompany an application for a facility licence to authorise:

 (a) an act mentioned in paragraph 30(1)(a), (b), (c), (d) or (e) of the Act relating to a prescribed radiation facility described in an item of the table in subsection (2); or

 (b) an act described in an item of the table in subsection (3);

is the amount set out in that item. However, the fee is the amount set out in the item of the table in subsection (3) if the act to be authorised by the licence is described in both paragraphs (a) and (b) of this subsection.

Fees for prescribed radiation facilities (except ones formerly used for weapons tests or radioactive ores)

 (2) For the purposes of paragraph (1)(a), the table is as follows:

Fees for prescribed radiation facilities not formerly used for weapons tests or radioactive ores

 

Kind of prescribed radiation facility

Amount ($)

1

Particle accelerator that:

(a) has, or is capable of having, a beam energy greater than 1 MeV; or

(b) can produce neutrons

13,563

2

Irradiator containing more than 1015 Bq of a controlled material

13,563

3

Irradiator:

(a) containing more than 1013 Bq of a controlled material; and

(b) either:

(i) not including shielding as an integral part of its construction; or

(ii) including as an integral part of its construction shielding that does not prevent a person from being exposed to the source or does not shield a source during the operation of the irradiator

13,563

4

Facility for the production, processing, use, storage, management or disposal of:

(a) unsealed sources for which the result of the activity value division steps is greater than 106; or

(b) sealed sources for which the result of the activity value division steps is greater than 109

27,130

Fees for prescribed radiation facilities formerly used for weapons tests or radioactive ores

 (3) For the purposes of paragraph (1)(b), the table is as follows:

Fees for prescribed radiation facilities formerly used for weapons tests or radioactive ores

 

Act authorised by licence

Amount ($)

1

Decommissioning a prescribed radiation facility formerly used as a nuclear or atomic weapon test site

45,217

2

Disposing of or abandoning a prescribed radiation facility formerly used as a nuclear or atomic weapon test site

30,144

3

Decommissioning a prescribed radiation facility formerly used for mining, processing, using, storing, managing or disposing of radioactive ores

45,217

4

Disposing of or abandoning a prescribed radiation facility formerly used for mining, processing, using, storing, managing or disposing of radioactive ores

30,144

Fee for application for one licence to authorise 2 or more acts

 (4) Despite subsection (1), the fee to accompany an application for a facility licence to authorise 2 or more acts described in paragraph (1)(a) or (b) is the sum of the amounts of the fees under that subsection for applications for separate licences for each of those acts.

51  Application fees for facility licences relating to prescribed legacy sites

  For the purposes of paragraph 34(b) of the Act, the fee to accompany an application for a facility licence to authorise an act relating to a controlled facility described in an item of the following table is the amount set out in that item.

Application fees for facility licences relating to prescribed legacy sites

 

Act authorised by licence

Amount ($)

1

Possessing or controlling a prescribed legacy site

14,675

2

Remediating a prescribed legacy site

220,155

3

Abandoning a prescribed legacy site

29,352

52  Application fees for source licences

  For the purposes of paragraph 34(b) of the Act, the fee to accompany an application for a source licence for controlled apparatus or controlled materials is the total of each amount worked out using the following table for the number of those apparatus or materials that are in a Group specified in an item of the table and are within 5 kilometres of one another.

Fees for source licences

 

Column 1
Group of controlled apparatus or controlled material

Column 2
Amount for less than 4 apparatus or materials in the Group within 5 km of one another ($)

Column 3
Amount for 4 to 10 apparatus or materials in the Group within 5 km of one another ($)

Column 4
Amount for 11 or more apparatus or materials in the Group within 5 km of one another ($)

1

Group 1

751

1,955

3,767

2

Group 2

3,012

6,028

11,330

3

Group 3

9,040

18,084

33,159

Note: For Group 1, Group 2 and Group 3, see section 4.

Example 1: For an application for a source licence for a single controlled apparatus or controlled material in Group 1, the amount of the fee is the amount in column 2 of item 1 of the table.

Example 2: For an application for a source licence for 12 controlled apparatus or controlled materials, 3 of which are in Group 1 and are within 5 kilometres of one another, and the remaining 9 of which are in Group 2 and are within 5 kilometres of one another, the amount of the fee is the total of:

(a) the amount in column 2 of item 1 of the table; and

(b) the amount in column 3 of item 2 of the table.

Example 3: For an application for a source licence for 16 controlled apparatus or controlled materials, all of which are in Group 3, 5 of which are within 5 kilometres of one another and 11 of which are within 5 kilometres of one another (but more than 5 kilometres from any of the first group of 5), the amount of the fee is the total of:

(a) the amount in column 3 of item 3 of the table; and

(b) the amount in column 4 of item 3 of the table.

Division 5Deciding whether to issue licence

53  Issue of facility licence—matters to be taken into account by CEO

  For the purposes of subsection 32(3) of the Act, matters (to be taken into account by the CEO in deciding whether to issue a facility licence) include the following:

 (a) whether the application for the licence complies with subsection 46(1) of this instrument;

 (b) whether the applicant for the licence has given the information asked for by the CEO;

 (c) whether the application, together with the information (if any) given as described in paragraph (b), establishes that the conduct proposed to be authorised by the licence can be carried out without undue risk to the health and safety of people, and to the environment;

 (d) whether the applicant has shown that there is a net benefit from carrying out the conduct proposed to be authorised by the licence;

 (e) whether the applicant has shown that the magnitude of individual doses, the number of people exposed and the likelihood that exposure will happen are as low as reasonably achievable, having regard to economic and societal factors;

 (f) whether the applicant has shown a capacity for complying with this instrument and the licence conditions that would be imposed under section 35 of the Act;

 (g) whether the application has been signed by an office holder of the applicant, a person authorised by an office holder of the applicant or, if the licence is for a Commonwealth entity mentioned in section 45 of this instrument, someone described in paragraph (b) of that section;

 (h) if the application is for a facility licence for a nuclear installation—the content of any submissions made by members of the public about the application.

Note: Subsection 32(3) of the Act requires the CEO to take international best practice in relation to radiation protection and nuclear safety into account too.

54  Issue of source licence—matters to be taken into account by CEO

  For the purposes of subsection 33(3) of the Act, matters (to be taken into account by the CEO in deciding whether to issue a source licence to deal with controlled apparatus or controlled material) include the following:

 (a) whether the application for the licence complies with subsection 47(1) of this instrument;

 (b) whether the applicant for the licence has given the information asked for by the CEO;

 (c) whether the application, together with the information (if any) given as described in paragraph (b), establishes that the controlled apparatus or material can be dealt with without undue risk to the health and safety of people, and to the environment;

 (d) whether the applicant has shown that there is a net benefit from dealing with the controlled apparatus or material;

 (e) whether the applicant has shown that the magnitude of individual doses, the number of people exposed and the likelihood that exposure will happen are as low as reasonably achievable, having regard to economic and societal factors;

 (f) whether the applicant has shown a capacity for complying with this instrument and the licence conditions that would be imposed under section 35 of the Act;

 (g) whether the application has been signed by an office holder of the applicant, a person authorised by an office holder of the applicant or, if the licence is for a Commonwealth entity mentioned in section 45 of this instrument, someone described in paragraph (b) of that section.

Note: Subsection 33(3) of the Act requires the CEO to take international best practice in relation to radiation protection and nuclear safety into account too.

Division 6Licence conditions

55  Authority for this Division

  This Division has effect for the purposes of paragraph 35(1)(b) of the Act (which provides that a licence is subject to conditions prescribed by regulations).

56  Taking steps to prevent breaches of other conditions

  The holder of a licence must take all reasonably practicable steps to prevent breaches of licence conditions (except the condition prescribed by this section).

57  Investigating and rectifying breaches of conditions

 (1) The holder of a licence must investigate suspected breaches of licence conditions.

 (2) If the holder of a licence identifies a breach, the holder must rectify the breach and any consequences of the breach as soon as reasonably practicable.

 (3) If the holder of a licence identifies a breach, the holder must also tell the CEO as soon as reasonably practicable.

58  Preventing, controlling and minimising accidents

 (1) The holder of a licence must take all reasonably practicable steps to prevent accidents involving controlled materials, controlled apparatus or controlled facilities described in the licence.

 (2) If an accident mentioned in subsection (1) happens, the holder of a licence must:

 (a) take all reasonably practicable steps to control the accident; and

 (b) take all reasonably practicable steps to minimise the consequences of the accident, including injury to any person and damage or harm to the environment; and

 (c) tell the CEO about the accident within 24 hours of it happening; and

 (d) give the CEO a written report about the accident within 14 days of it happening.

59  Complying with Codes

Facility licences

 (1) The holder of a facility licence must ensure that the following are complied with in relation to activities relating to the controlled facilities to which the licence relates:

 (a) the Planned Exposure Code;

 (b) the Security Code of Practice;

 (c) the Transport Code.

 (2) If a facility licence authorises persons to deal with a controlled apparatus or a controlled material, the holder of the licence must ensure that the following are complied with in relation to dealings with the controlled apparatus or controlled material:

 (a) the Planned Exposure Code;

 (b) the Security Code of Practice;

 (c) the Transport Code.

Source licences

 (3) The holder of a source licence must ensure that the following are complied with in relation to dealings with the controlled apparatus or controlled material to which the licence relates:

 (a) the Planned Exposure Code;

 (b) the Security Code of Practice;

 (c) the Transport Code.

Application of subsections (2) and (3)

 (4) Subsections (2) and (3) do not apply in relation to dealings with an apparatus covered by paragraph (c) of the definition of controlled apparatus in section 13 of the Act.

Note: Section 9 of this instrument identifies such apparatus.

60  Managing safety

 (1) The holder of a facility licence must take all reasonably practicable steps to manage the safety of the facility described in the licence, including:

 (a) having in place plans and arrangements described in paragraph 46(1)(d); and

 (b) ensuring that such plans and arrangements are implemented to the extent reasonably practicable.

 (2) The holder of a source licence, or a facility licence authorising dealing with a source, must take all reasonably practicable steps to manage the safety of the source, including:

 (a) having in place plans and arrangements described in paragraph 47(1)(d); and

 (b) ensuring that such plans and arrangements are implemented to the extent reasonably practicable.

61  Reviewing and updating plans and arrangements for managing safety

 (1) The holder of a licence must, at least once every 3 years, review and update the plans and arrangements mentioned in section 60 in relation to the licence.

 (2) The holder of a licence must keep records of any changes made to the plans and arrangements.

 (3) Subsection (1) does not apply to the extent that the licence makes other arrangements for a matter mentioned in that subsection.

62  Keeping accurate inventory of controlled apparatus and materials

  The holder of a licence must keep an accurate inventory of the controlled apparatus and controlled materials that the holder deals with.

63  Obtaining CEO’s approval for certain changes

  Before doing either of the following, the holder of a licence must obtain the CEOs approval to do it if it will have significant implications for safety:

 (a) changing anything described in the application for the licence;

 (b) modifying the controlled apparatus, controlled material or controlled facility described in the licence.

64  Telling CEO about other changes

 (1) The holder of a licence must, within 3 months after doing a thing mentioned in paragraph 63(a) or (b) that is unlikely to have significant implications for safety, tell the CEO about the thing.

 (2) However, subsection (1) does not apply to the extent that the licence makes other arrangements for a matter mentioned in that subsection.

65  Telling CEO about disposal and transfer of controlled apparatus, controlled materials and controlled facilities

 (1) The holder of a licence may dispose of controlled apparatus or controlled materials only with the approval of the CEO.

 (2) However, the holder of a licence may transfer controlled apparatus or controlled materials described in the licence to another person (the transferee) only:

 (a) with the approval of the CEO; or

 (b) if both of the following apply:

 (i) the transferee is the holder of a facility licence or a source licence;

 (ii) the transferees licence authorises the transferee to deal with the controlled apparatus or controlled materials.

 (3) If the holder of a licence (the transferor) transfers controlled apparatus or controlled materials described in the licence to another person (the transferee) under paragraph (2)(b), the transferor must, within 7 days of the transfer, tell the CEO:

 (a) that the transfer has happened; and

 (b) the name of the transferee; and

 (c) the number of the licence held by the transferee; and

 (d) the location of the controlled apparatus or controlled materials after the transfer.

 (4) The holder of a licence must not dispose of, or transfer to the possession of another person, a controlled facility described in the licence without the CEOs approval.

Exception

 (5) However, subsections (1), (2), (3) and (4) do not apply to the extent that the licence makes other arrangements for a matter mentioned in the subsections.

66  Obtaining approval for constructing safety item

  The holder of a licence, or a person covered by a licence, must not construct an item that is important for safety, and that is identified in a safety analysis report, as part of the construction of a controlled facility, unless the CEO has given the holder, or the person, approval to construct the item.

67  Obtaining approval for loading nuclear fuel

  The holder of a licence, or a person covered by a licence, must not load nuclear fuel into a controlled facility described in the licence, as part of the construction of the facility, unless the CEO has given the holder, or the person, approval to load the fuel.

Division 7Annual charge

68  Authority for this Division

  This Division has effect for the purposes of paragraph 85(2)(e) of the Act.

69  Time for payment of annual charge

  The annual charge for a facility licence or a source licence held during a financial year must be paid on or before the later of:

 (a) 31 July in that financial year; and

 (b) 30 days after the day the licence was issued.

70  Prorating of annual charge

 (1) If a facility licence or source licence is to be held for only part of a financial year, the CEO may decide to make a prorata adjustment of the amount of the annual charge for the licence for the year.

 (2) If the CEO decides to make a prorata adjustment, the amount of the annual charge is:

71  Refund of annual charge

 (1) This section applies to the annual charge for a facility licence or a source licence for a financial year if:

 (a) either:

 (i) the whole of the annual charge for the licence for the year has been paid; or

 (ii) if section 70 applies in relation to the licence—the whole of the annual charge for the licence for the year, as adjusted under that section, has been paid; and

 (b) the licence is suspended, cancelled or surrendered before the end of the year.

 (2) The CEO may decide to refund to the holder of the licence part of the amount of the annual charge that has been paid for the licence for the year.

 (3) If the CEO decides to refund part of the amount of the annual charge, the amount of the refund is:

Part 6Practices and procedures to be followed

Division 1Introduction

72  Simplified outline of this Part

The holders of licences must ensure that exposure of people to radiation is limited.

Controlled persons must comply with various codes of practice.

73  Application of this Part

  For the purposes of paragraph 85(2)(a) of the Act, this Part requires practices and procedures to be followed and measures to be taken by controlled persons in relation to:

 (a) activities relating to controlled facilities; and

 (b) dealings with controlled apparatus or controlled material.

74  Limits on the operation of this Part

  This Part operates in relation to a controlled person who is the holder of a licence, or a person covered by a licence, only so far as:

 (a) the person can comply with the conditions of the licence without discriminating unlawfully under the Sex Discrimination Act 1984; or

 (b) if the person cannot comply with the conditions of the licence without discriminating unlawfully under a provision of the Sex Discrimination Act 1984—the person is exempted, under section 44 of that Act, from the operation of that provision.

Division 2Dose limits

75  Scope of this Division

  This Division sets out practices and procedures that must be followed, and measures that must be taken, in relation to dose limits.

76  Practices to be followed by holders of licences

By holder of a facility licence

 (1) The holder of a facility licence for a controlled facility must ensure that the doses to which a person is exposed, inside or in connection with the facility, do not exceed the effective dose limits mentioned in section 77, and the equivalent dose limits mentioned in section 79.

By holder of licence authorising dealing with controlled apparatus or controlled material

 (2) The holder of a source licence, or a facility licence, authorising dealing with controlled apparatus or controlled material must ensure that the doses to which a person is exposed while the source in the apparatus or material is under the holders control do not exceed the effective dose limits mentioned in section 77, and the equivalent dose limits mentioned in section 79.

By holders of licences generally

 (3) The holder of a licence must ensure that radiation protection and safety of the following relating to the licence are optimised in order to achieve the outcome mentioned in subsection (4):

 (a) controlled material;

 (b) controlled apparatus (other than apparatus prescribed by section 9 that produce harmful nonionizing radiation when energised);

 (c) a controlled facility.

 (4) For the purposes of subsection (3), the outcome is that the following are as low as reasonably achievable after taking into account economic and societal factors:

 (a) the magnitude of individual doses;

 (b) the number of people who are exposed;

 (c) the likelihood of incurring exposures to radiation.

 (5) The optimisation of radiation protection and safety mentioned in subsection (3) must be in accordance with sourcerelated dose constraints established in accordance with the Planned Exposure Code and agreed by the CEO with the holder of the licence.

 (6) The holder of a licence that authorises dealing with apparatus prescribed by this instrument that produce harmful nonionizing radiation when energised must ensure that exposure of people to such radiation produced by the apparatus is kept to the lowest level that can be achieved, consistent with best practice.

77  Effective dose limits for ionizing radiation

Limit for occupational exposure

 (1) The limit on effective dose for occupational exposure is 20 mSv annually, averaged over 5 consecutive years.

 (2) However, the effective dose for a person subject to occupational exposure must not, in a year, be greater than 50 mSv.

Limit for public exposure

 (3) The limit on effective dose for public exposure is 1 mSv annually.

 (4) The limit on effective dose for an unborn child is to be consistent with the effective dose limit for public exposure.

Note: See also the Planned Exposure Code for the obligation to consider additional controls in relation to female employees who are pregnant.

78  Effective doses

 (1) For the purposes of section 77, a persons effective dose for a period that is relevant to the person under subsection (2) of this section is the sum of:

 (a) the effective dose that the person receives, from a source outside the person’s body, during the relevant period; and

 (b) the persons committed effective dose, received from intakes during the relevant period, for the next 50 years.

 (2) For the purposes of subsection (1), a period that is relevant to a person is:

 (a) if the person is a controlled person—5 years; or

 (b) if the person is a member of the public—1 year.

 (3) Despite paragraph (1)(b), if the person is under 18, the committed effective dose must be worked out on the basis of the number of years calculated by subtracting the persons age, at the time of the calculation, from 70.

79  Annual equivalent dose limit for ionizing radiation

Limit for occupational exposure of the lens of the eye

 (1) For occupational exposure, the equivalent dose limit to the lens of the eye is 20 mSv annually, averaged over 5 consecutive years.

 (2) However, the equivalent dose to the lens of the eye for a person subject to occupational exposure must not, in a year, be greater than 50 mSv.

Limit for public exposure of the lens of the eye

 (3) The equivalent dose to the lens of the eye for a person subject to public exposure must not, in a year, be greater than 15 mSv.

Limit for occupational exposure of hands and feet

 (4) For occupational exposure, the annual equivalent dose limit to the hands and feet is 500 mSv.

Limits for occupational exposure and public exposure of skin

 (5) The annual equivalent dose limit to the skin is:

 (a) for occupational exposure—500 mSv; and

 (b) for public exposure—50 mSv.

 (6) The annual equivalent dose limit to the skin applies to the average dose received by any 1 cm2 of skin.

80  Dealings with controlled apparatus generating nonionizing radiation to comply with nonionizing radiation exposure limits

  The holder of a source licence or a facility licence must ensure that all dealings with controlled apparatus generating nonionizing radiation (that are authorised by the licence) comply with the appropriate nonionizing radiation exposure limits.

Division 3Practices and procedures

81  Practices and procedures to be followed by controlled persons

  Controlled persons must follow the practices and procedures described in the following:

 (a) the Code of Practice and Safety Guide for Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing (2005) (Radiation Protection Series No. 9), published by the CEO, as at the commencement of this instrument;

 (b) the Security Code of Practice;

 (c) the Transport Code.

Note: The Code of Practice and Safety Guide for Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing (2005) (Radiation Protection Series No. 9) could in 2018 be viewed on ARPANSA’s website (https://www.arpansa.gov.au).

Part 7Miscellaneous

 

82  Simplified outline of this Part

The Act requires inspectors’ identity cards to be in a particular form, which this Part and Schedule 2 prescribe.

The Act prevents State and Territory laws identified in this Part from applying to an activity of a controlled person or permitted person relating to controlled apparatus, controlled material or a controlled facility.

The Act requires powers, discretions, duties and functions to be exercised and performed in accordance with the international agreements identified in this Part.

Controlled persons affected by certain decisions of the CEO under this instrument may request the Minister to reconsider them. If dissatisfied with the Minister’s decision on reconsideration, those persons may apply to the Administrative Appeals Tribunal for review of the Minister’s decision.

83  Inspector’s identity card

  For the purposes of subsection 62(3) of the Act, the form in Schedule 2 is prescribed.

84  State and Territory laws that do not apply to activities of controlled or permitted persons

  For the purposes of section 83 of the Act, the following laws of a State or Territory are prescribed:

 (a) the Radiation Control Act 1990 (NSW);

 (b) the Radiation Act 2005 (Vic.);

 (c) the Radiation Safety Act 1999 (Qld);

 (d) the Radiation Safety Act 1975 (WA);

 (e) the Radiation Protection and Control Act 1982 (SA);

 (f) the Radiation Protection Act 2005 (Tas.);

 (g) the Radiation Protection Act 2006 (ACT);

 (h) the Radiation Protection Act (NT).

85  International agreements

  For the purposes of subsection 84(3) of the Act, the following international agreements, as in force for Australia at the commencement of this instrument, are prescribed:

 (a) the Treaty on the NonProliferation of Nuclear Weapons, done at London, Moscow and Washington on 1 July 1968;

 (b) the Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the NonProliferation of Nuclear Weapons, done at Vienna on 10 July 1974;

 (c) the Convention on the Physical Protection of Nuclear Material, done at Vienna on 3 March 1980;

 (d) the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, done at Vienna on 26 September 1986;

 (e) the Convention on Early Notification of a Nuclear Accident, done at Vienna on 26 September 1986;

 (f) the Convention on Nuclear Safety, done at Vienna on 20 September 1994;

 (g) the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done at Vienna on 5 September 1997;

 (h) the Agreement for Cooperation between the Government of Australia and the Government of the United States of America concerning Technology for the Separation of Isotopes of Uranium by Laser Excitation, with annexes, agreed minute and exchange of notes, done at Washington on 28 October 1999;

 (i) the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005.

Note 1: The Treaty on the NonProliferation of Nuclear Weapons is in Australian Treaty Series 1973 No. 3 ([1973] ATS 3) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 2: The Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the NonProliferation of Nuclear Weapons is in Australian Treaty Series 1974 No. 16 ([1974] ATS 16) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 3: The Convention on the Physical Protection of Nuclear Material is in Australian Treaty Series 1987 No. 16 ([1987] ATS 16) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 4: The Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency is in Australian Treaty Series 1987 No. 15 ([1987] ATS 15) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 5: The Convention on Early Notification of a Nuclear Accident is in Australian Treaty Series 1987 No. 14 ([1987] ATS 14) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 6: The Convention on Nuclear Safety is in Australian Treaty Series 1997 No. 5 ([1997] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 7: The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management is in Australian Treaty Series 2003 No. 21 ([2003] ATS 21) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 8: The Agreement for Cooperation between the Government of Australia and the Government of the United States of America concerning Technology for the Separation of Isotopes of Uranium by Laser Excitation, with annexes, agreed minute and exchange of notes, is in Australian Treaty Series 2000 No. 19 ([2000] ATS 19) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 9: The International Convention for the Suppression of Acts of Nuclear Terrorism is in Australian Treaty Series 2012 No. 13 ([2012] ATS 13) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

86  Review of decisions by CEO

 (1) A controlled person who is affected by a decision of the CEO:

 (a) to refuse to make a declaration under subsection 9(2), 13(2), 43(2) or 44(4) or (5); or

 (b) to make a declaration under subsection 44(2);

may request that the Minister reconsider the CEOs decision.

 (2) The request must:

 (a) be in writing; and

 (b) be given to the Minister within 28 days after the decision is made.

 (3) The Minister must reconsider the CEOs decision and confirm, vary or set aside the decision.

Note: Under section 27A of the Administrative Appeals Tribunal Act 1975, the Minister must give anyone whose interests are affected by the decision notice of the Minister’s decision and of the right to have the decision reviewed. In doing so, the Minister must have regard to the Code of Practice determined under section 27B of that Act.

 (4) The Minister is taken to have confirmed under subsection (3) the CEOs decision if the Minister does not give written notice of the Ministers decision under that subsection within 60 days after receiving the request.

 (5) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under subsection (3).

Part 8Application, saving and transitional provisions

Division 1Provisions for this instrument as originally made

87  Things done under the Australian Radiation Protection and Nuclear Safety Regulations 1999

 (1) If:

 (a) a thing was done for a particular purpose under the Australian Radiation Protection and Nuclear Safety Regulations 1999 as in force immediately before those Regulations were repealed; and

 (b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

 (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

Schedule 1Activity concentration values and activity values for nuclides

Note: See the definitions of activity concentration value steps, activity value division steps, Group 1, Group 2 and Group 3 in section 4, and sections 5 and 44.

Part 1Activity concentration values and activity values for nuclides

 

Activity concentration values and activity values for nuclides

 

Nuclide

Activity concentration value (Bq/g)

Activity value (Bq)

1

H3

1 x 106

1 x 109

2

Be7

1 x 103

1 x 107

3

Be10

1 x 104

1 x 106

4

C11

1 x 101

1 x 106

5

C14

1 x 104

1 x 107

6

N13

1 x 102

1 x 109

7

Ne19

1 x 102

1 x 109

8

O15

1 x 102

1 x 109

9

F18

1 x 101

1 x 106

10

Na22

1 x 101

1 x 106

11

Na24

1 x 101

1 x 105

12

Mg28

1 x 101

1 x 105

13

Al26

1 x 101

1 x 105

14

Si31

1 x 103

1 x 106

15

Si32

1 x 103

1 x 106

16

P32

1 x 103

1 x 105

17

P33

1 x 105

1 x 108

18

S35

1 x 105

1 x 108

19

Cl36

1 x 104

1 x 106

20

Cl38

1 x 101

1 x 105

21

Cl39

1 x 101

1 x 105

22

Ar37

1 x 106

1 x 108

23

Ar39

1 x 107

1 x 104

24

Ar41

1 x 102

1 x 109

25

K40

1 x 102

1 x 106

26

K42

1 x 102

1 x 106

27

K43

1 x 101

1 x 106

28

K44

1 x 101

1 x 105

29

K45

1 x 101

1 x 105

30

Ca41

1 x 105

1 x 107

31

Ca45

1 x 104

1 x 107

32

Ca47

1 x 101

1 x 106

33

Sc43

1 x 101

1 x 106

34

Sc44

1 x 101

1 x 105

35

Sc45

1 x 102

1 x 107

36

Sc46

1 x 101

1 x 106

37

Sc47

1 x 102

1 x 106

38

Sc48

1 x 101

1 x 105

39

Sc49

1 x 103

1 x 105

40

Ti44

1 x 101

1 x 105

41

Ti45

1 x 101

1 x 106

42

V47

1 x 101

1 x 105

43

V48

1 x 101

1 x 105

44

V49

1 x 104

1 x 107

45

Cr48

1 x 102

1 x 106

46

Cr49

1 x 101

1 x 106

47

Cr51

1 x 103

1 x 107

48

Mn51

1 x 101

1 x 105

49

Mn52

1 x 101

1 x 105

50

Mn52m

1 x 101

1 x 105

51

Mn53

1 x 104

1 x 109

52

Mn54

1 x 101

1 x 106

53

Mn56

1 x 101

1 x 105

54

Fe52

1 x 101

1 x 106

55

Fe55

1 x 104

1 x 106

56

Fe59

1 x 101

1 x 106

57

Fe60

1 x 102

1 x 105

58

Co55

1 x 101

1 x 106

59

Co56

1 x 101

1 x 105

60

Co57

1 x 102

1 x 106

61

Co58

1 x 101

1 x 106

62

Co58m

1 x 104

1 x 107

63

Co60

1 x 101

1 x 105

64

Co60m

1 x 103

1 x 106

65

Co61

1 x 102

1 x 106

66

Co62m

1 x 101

1 x 105

67

Ni56

1 x 101

1 x 106

68

Ni57

1 x 101

1 x 106

69

Ni59

1 x 104

1 x 108

70

Ni63

1 x 105

1 x 108

71

Ni65

1 x 101

1 x 106

72

Ni66

1 x 104

1 x 107

73

Cu60

1 x 101

1 x 105

74

Cu61

1 x 101

1 x 106

75

Cu64

1 x 102

1 x 106

76

Cu67

1 x 102

1 x 106

77

Zn62

1 x 102

1 x 106

78

Zn63

1 x 101

1 x 105

79

Zn65

1 x 101

1 x 106

80

Zn69

1 x 104

1 x 106

81

Zn69m

1 x 102

1 x 106

82

Zn71m

1 x 101

1 x 106

83

Zn72

1 x 102

1 x 106

84

Ga65

1 x 101

1 x 105

85

Ga66

1 x 101

1 x 105

86

Ga67

1 x 102

1 x 106

87

Ga68

1 x 101

1 x 105

88

Ga70

1 x 102

1 x 106

89

Ga72

1 x 101

1 x 105

90

Ga73

1 x 102

1 x 106

91

Ge66

1 x 101

1 x 106

92

Ge67

1 x 101

1 x 105

93

Ge68a

1 x 101

1 x 105

94

Ge69

1 x 101

1 x 106

95

Ge71

1 x 104

1 x 108

96

Ge75

1 x 103

1 x 106

97

Ge77

1 x 101

1 x 105

98

Ge78

1 x 102

1 x 106

99

As69

1 x 101

1 x 105

100

As70

1 x 101

1 x 105

101

As71

1 x 101

1 x 106

102

As72

1 x 101

1 x 105

103

As73

1 x 103

1 x 107

104

As74

1 x 101

1 x 106

105

As76

1 x 102

1 x 105

106

As77

1 x 103

1 x 106

107

As78

1 x 101

1 x 105

108

Se70

1 x 101

1 x 106

109

Se73

1 x 101

1 x 106

110

Se73m

1 x 102

1 x 106

111

Se75

1 x 102

1 x 106

112

Se79

1 x 104

1 x 107

113

Se81

1 x 103

1 x 106

114

Se81m

1 x 103

1 x 107

115

Se83

1 x 101

1 x 105

116

Br74

1 x 101

1 x 105

117

Br74m

1 x 101

1 x 105

118

Br75

1 x 101

1 x 106

119

Br76

1 x 101

1 x 105

120

Br77

1 x 102

1 x 106

121

Br80

1 x 102

1 x 105

122

Br80m

1 x 103

1 x 107

123

Br82

1 x 101

1 x 106

124

Br83

1 x 103

1 x 106

125

Br84

1 x 101

1 x 105

126

Kr74

1 x 102

1 x 109

127

Kr76

1 x 102

1 x 109

128

Kr77

1 x 102

1 x 109

129

Kr79

1 x 103

1 x 105

130

Kr81

1 x 104

1 x 107

131

Kr81m

1 x 103

1 x 1010

132

Kr83m

1 x 105

1 x 1012

133

Kr85

1 x 105

1 x 104

134

Kr85m

1 x 103

1 x 1010

135

Kr87

1 x 102

1 x 109

136

Kr88

1 x 102

1 x 109

137

Rb79

1 x 101

1 x 105

138

Rb81

1 x 101

1 x 106

139

Rb81m

1 x 103

1 x 107

140

Rb82m

1 x 101

1 x 106

141

Rb83a

1 x 102

1 x 106

142

Rb84

1 x 101

1 x 106

143

Rb86

1 x 102

1 x 105

144

Rb87

1 x 103

1 x 107

145

Rb88

1 x 102

1 x 105

146

Rb89

1 x 102

1 x 105

147

Sr80

1 x 103

1 x 107

148

Sr81

1 x 101

1 x 105

149

Sr82a

1 x 101

1 x 105

150

Sr83

1 x 101

1 x 106

151

Sr85

1 x 102

1 x 106

152

Sr85m

1 x 102

1 x 107

153

Sr87m

1 x 102

1 x 106

154

Sr89

1 x 103

1 x 106

155

Sr90a

1 x 102

1 x 104

156

Sr91

1 x 101

1 x 105

157

Sr92

1 x 101

1 x 106

158

Y86

1 x 101

1 x 105

159

Y86m

1 x 102

1 x 107

160

Y87a

1 x 101

1 x 106

161

Y88

1 x 101

1 x 106

162

Y90

1 x 103

1 x 105

163

Y90m

1 x 101

1 x 106

164

Y91

1 x 103

1 x 106

165

Y91m

1 x 102

1 x 106

166

Y92

1 x 102

1 x 105

167

Y93

1 x 102

1 x 105

168

Y94

1 x 101

1 x 105

169

Y95

1 x 101

1 x 105

170

Zr86

1 x 102

1 x 107

171

Zr88

1 x 102

1 x 106

172

Zr89

1 x 101

1 x 106

173

Zr93a

1 x 103

1 x 107

174

Zr95

1 x 101

1 x 106

175

Zr97a

1 x 101

1 x 105

176

Nb88

1 x 101

1 x 105

177

Nb89

1 x 101

1 x 105

178

Nb89m

1 x 101

1 x 105

179

Nb90

1 x 101

1 x 105

180

Nb93m

1 x 104

1 x 107

181

Nb94

1 x 101

1 x 106

182

Nb95

1 x 101

1 x 106

183

Nb95m

1 x 102

1 x 107

184

Nb96

1 x 101

1 x 105

185

Nb97

1 x 101

1 x 106

186

Nb98

1 x 101

1 x 105

187

Mo90

1 x 101

1 x 106

188

Mo93

1 x 103

1 x 108

189

Mo93m

1 x 101

1 x 106

190

Mo99

1 x 102

1 x 106

191

Mo101

1 x 101

1 x 106

192

Tc93

1 x 101

1 x 106

193

Tc93m

1 x 101

1 x 106

194

Tc94

1 x 101

1 x 106

195

Tc94m

1 x 101

1 x 105

196

Tc95

1 x 101

1 x 106

197

Tc95m

1 x 101

1 x 106

198

Tc96

1 x 101

1 x 106

199

Tc96m

1 x 103

1 x 107

200

Tc97

1 x 103

1 x 108

201

Tc97m

1 x 103

1 x 107

202

Tc98

1 x 101

1 x 106

203

Tc99

1 x 104

1 x 107

204

Tc99m

1 x 102

1 x 107

205

Tc101

1 x 102

1 x 106

206

Tc104

1 x 101

1 x 105

207

Ru94

1 x 102

1 x 106

208

Ru97

1 x 102

1 x 107

209

Ru103

1 x 102

1 x 106

210

Ru105

1 x 101

1 x 106

211

Ru106a

1 x 102

1 x 105

212

Rh99

1 x 101

1 x 106

213

Rh99m

1 x 101

1 x 106

214

Rh100

1 x 101

1 x 106

215

Rh101

1 x 102

1 x 107

216

Rh101m

1 x 102

1 x 107

217

Rh102

1 x 101

1 x 106

218

Rh102m

1 x 102

1 x 106

219

Rh103m

1 x 104

1 x 108

220

Rh105

1 x 102

1 x 107

221

Rh106m

1 x 101

1 x 105

222

Rh107

1 x 102

1 x 106

223

Pd100

1 x 102

1 x 107

224

Pd101

1 x 102

1 x 106

225

Pd103

1 x 103

1 x 108

226

Pd107

1 x 105

1 x 108

227

Pd109

1 x 103

1 x 106

228

Ag102

1 x 101

1 x 105

229

Ag103

1 x 101

1 x 106

230

Ag104

1 x 101

1 x 106

231

Ag104m

1 x 101

1 x 106

232

Ag105

1 x 102

1 x 106

233

Ag106

1 x 101

1 x 106

234

Ag106m

1 x 101

1 x 106

235

Ag108ma

1 x 101

1 x 106

236

Ag110m

1 x 101

1 x 106

237

Ag111

1 x 103

1 x 106

238

Ag112

1 x 101

1 x 105

239

Ag115

1 x 101

1 x 105

240

Cd104

1 x 102

1 x 107

241

Cd107

1 x 103

1 x 107

242

Cd109

1 x 104

1 x 106

243

Cd113

1 x 103

1 x 106

244

Cd113m

1 x 103

1 x 106

245

Cd115

1 x 102

1 x 106

246

Cd115m

1 x 103

1 x 106

247

Cd117

1 x 101

1 x 106

248

Cd117m

1 x 101

1 x 106

249

In109

1 x 101

1 x 106

250

In110

1 x 101

1 x 106

251

In110m

1 x 101

1 x 105

252

In111

1 x 102

1 x 106

253

In112

1 x 102

1 x 106

254

In113m

1 x 102

1 x 106

255

In114

1 x 103

1 x 105

256

In114m

1 x 102

1 x 106

257

In115

1 x 103

1 x 105

258

In115m

1 x 102

1 x 106

259

In116m

1 x 101

1 x 105

260

In117

1 x 101

1 x 106

261

In117m

1 x 102

1 x 106

262

In119m

1 x 102

1 x 105

263

Sn110

1 x 102

1 x 107

264

Sn111

1 x 102

1 x 106

265

Sn113

1 x 103

1 x 107

266

Sn117m

1 x 102

1 x 106

267

Sn119m

1 x 103

1 x 107

268

Sn121

1 x 105

1 x 107

269

Sn121ma

1 x 103

1 x 107

270

Sn123

1 x 103

1 x 106

271

Sn123m

1 x 102

1 x 106

272

Sn125

1 x 102

1 x 105

273

Sn126a

1 x 101

1 x 105

274

Sn127

1 x 101

1 x 106

275

Sn128

1 x 101

1 x 106

276

Sb115

1 x 101

1 x 106

277

Sb116

1 x 101

1 x 106

278

Sb116m

1 x 101

1 x 105

279

Sb117

1 x 102

1 x 107

280

Sb118m

1 x 101

1 x 106

281

Sb119

1 x 103

1 x 107

282

Sb120

1 x 102

1 x 106

283

Sb120m

1 x 101

1 x 106

284

Sb122

1 x 102

1 x 104

285

Sb124

1 x 101

1 x 106

286

Sb124m

1 x 102

1 x 106

287

Sb125

1 x 102

1 x 106

288

Sb126

1 x 101

1 x 105

289

Sb126m

1 x 101

1 x 105

290

Sb127

1 x 101

1 x 106

291

Sb128

1 x 101

1 x 105

292

Sb128m

1 x 101

1 x 105

293

Sb129

1 x 101

1 x 106

294

Sb130

1 x 101

1 x 105

295

Sb131

1 x 101

1 x 106

296

Te116

1 x 102

1 x 107

297

Te121

1 x 101

1 x 106

298

Te121m

1 x 102

1 x 106

299

Te123

1 x 103

1 x 106

300

Te123m

1 x 102

1 x 107

301

Te125m

1 x 103

1 x 107

302

Te127

1 x 103

1 x 106

303

Te127m

1 x 103

1 x 107

304

Te129

1 x 102

1 x 106

305

Te129m

1 x 103

1 x 106

306

Te131

1 x 102

1 x 105

307

Te131m

1 x 101

1 x 106

308

Te132

1 x 102

1 x 107

309

Te133

1 x 101

1 x 105

310

Te133m

1 x 101

1 x 105

311

Te134

1 x 101

1 x 106

312

I120

1 x 101

1 x 105

313

I120m

1 x 101

1 x 105

314

I121

1 x 102

1 x 106

315

I123

1 x 102

1 x 107

316

I124

1 x 101

1 x 106

317

I125

1 x 103

1 x 106

318

I126

1 x 102

1 x 106

319

I128

1 x 102

1 x 105

320

I129

1 x 102

1 x 105

321

I130

1 x 101

1 x 106

322

I131

1 x 102

1 x 106

323

I132

1 x 101

1 x 105

324

I132m

1 x 102

1 x 106

325

I133

1 x 101

1 x 106

326

I134

1 x 101

1 x 105

327

I135

1 x 101

1 x 106

328

Xe120

1 x 102

1 x 109

329

Xe121

1 x 102

1 x 109

330

Xe122a

1 x 102

1 x 109

331

Xe123

1 x 102

1 x 109

332

Xe125

1 x 103

1 x 109

333

Xe127

1 x 103

1 x 105

334

Xe129m

1 x 103

1 x 104

335

Xe131m

1 x 104

1 x 104

336

Xe133m

1 x 103

1 x 104

337

Xe133

1 x 103

1 x 104

338

Xe135

1 x 103

1 x 1010

339

Xe135m

1 x 102

1 x 109

340

Xe138

1 x 102

1 x 109

341

Cs125

1 x 101

1 x 104

342

Cs127

1 x 102

1 x 105

343

Cs129

1 x 102

1 x 105

344

Cs130

1 x 102

1 x 106

345

Cs131

1 x 103

1 x 106

346

Cs132

1 x 101

1 x 105

347

Cs134m

1 x 103

1 x 105

348

Cs134

1 x 101

1 x 104

349

Cs135

1 x 104

1 x 107

350

Cs135m

1 x 101

1 x 106

351

Cs136

1 x 101

1 x 105

352

Cs137a

1 x 101

1 x 104

353

Cs138

1 x 101

1 x 104

354

Ba126

1 x 102

1 x 107

355

Ba128

1 x 102

1 x 107

356

Ba131

1 x 102

1 x 106

357

Ba131m

1 x 102

1 x 107

358

Ba133

1 x 102

1 x 106

359

Ba133m

1 x 102

1 x 106

360

Ba135m

1 x 102

1 x 106

361

Ba137m

1 x 101

1 x 106

362

Ba139

1 x 102

1 x 105

363

Ba140a

1 x 101

1 x 105

364

Ba141

1 x 102

1 x 105

365

Ba142

1 x 102

1 x 106

366

La131

1 x 101

1 x 106

367

La132

1 x 101

1 x 106

368

La135

1 x 103

1 x 107

369

La137

1 x 103

1 x 107

370

La138

1 x 101

1 x 106

371

La140

1 x 101

1 x 105

372

La141

1 x 102

1 x 105

373

La142

1 x 101

1 x 105

374

La143

1 x 102

1 x 105

375

Ce134

1 x 103

1 x 107

376

Ce135

1 x 101

1 x 106

377

Ce137

1 x 103

1 x 107

378

Ce137m

1 x 103

1 x 106

379

Ce139

1 x 102

1 x 106

380

Ce141

1 x 102

1 x 107

381

Ce143

1 x 102

1 x 106

382

Ce144a

1 x 102

1 x 105

383

Pr136

1 x 101

1 x 105

384

Pr137

1 x 102

1 x 106

385

Pr138m

1 x 101

1 x 106

386

Pr139

1 x 102

1 x 107

387

Pr142

1 x 102

1 x 105

388

Pr142m

1 x 107

1 x 109

389

Pr143

1 x 104

1 x 106

390

Pr144

1 x 102

1 x 105

391

Pr145

1 x 103

1 x 105

392

Pr147

1 x 101

1 x 105

393

Nd136

1 x 102

1 x 106

394

Nd138

1 x 103

1 x 107

395

Nd139

1 x 102

1 x 106

396

Nd139m

1 x 101

1 x 106

397

Nd141

1 x 102

1 x 107

398

Nd147

1 x 102

1 x 106

399

Nd149

1 x 102

1 x 106

400

Nd151

1 x 101

1 x 105

401

Pm141

1 x 101

1 x 105

402

Pm143

1 x 102

1 x 106

403

Pm144

1 x 101

1 x 106

404

Pm145

1 x 103

1 x 107

405

Pm146

1 x 101

1 x 106

406

Pm147

1 x 104

1 x 107

407

Pm148

1 x 101

1 x 105

408

Pm148m

1 x 101

1 x 106

409

Pm149

1 x 103

1 x 106

410

Pm150

1 x 101

1 x 105

411

Pm151

1 x 102

1 x 106

412

Sm141

1 x 101

1 x 105

413

Sm141m

1 x 101

1 x 106

414

Sm142

1 x 102

1 x 107

415

Sm145

1 x 102

1 x 107

416

Sm146

1 x 101

1 x 105

417

Sm147

1 x 101

1 x 104

418

Sm151

1 x 104

1 x 108

419

Sm153

1 x 102

1 x 106

420

Sm155

1 x 102

1 x 106

421

Sm156

1 x 102

1 x 106

422

Eu145

1 x 101

1 x 106

423

Eu146

1 x 101

1 x 106

424

Eu147

1 x 102

1 x 106

425

Eu148

1 x 101

1 x 106

426

Eu149

1 x 102

1 x 107

427

Eu150

1 x 101

1 x 106

428

Eu150m

1 x 103

1 x 106

429

Eu152

1 x 101

1 x 106

430

Eu152m

1 x 102

1 x 106

431

Eu154

1 x 101

1 x 106

432

Eu155

1 x 102

1 x 107

433

Eu156

1 x 101

1 x 106

434

Eu157

1 x 102

1 x 106

435

Eu158

1 x 101

1 x 105

436

Gd145

1 x 101

1 x 105

437

Gd146a

1 x 101

1 x 106

438

Gd147

1 x 101

1 x 106

439

Gd148

1 x 101

1 x 104

440

Gd149

1 x 102

1 x 106

441

Gd151

1 x 102

1 x 107

442

Gd152

1 x 101

1 x 104

443

Gd153

1 x 102

1 x 107

444

Gd159

1 x 103

1 x 106

445

Tb147

1 x 101

1 x 106

446

Tb149

1 x 101

1 x 106

447

Tb150

1 x 101

1 x 106

448

Tb151

1 x 101

1 x 106

449

Tb153

1 x 102

1 x 107

450

Tb154

1 x 101

1 x 106

451

Tb155

1 x 102

1 x 107

452

Tb156

1 x 101

1 x 106

453

Tb156 (24.4 h)

1 x 103

1 x 107

454

Tb156m (5 h)

1 x 104

1 x 107

455

Tb157

1 x 104

1 x 107

456

Tb158

1 x 101

1 x 106

457

Tb160

1 x 101

1 x 106

458

Tb161

1 x 103

1 x 106

459

Dy155

1 x 101

1 x 106

460

Dy157

1 x 102

1 x 106

461

Dy159

1 x 103

1 x 107

462

Dy165

1 x 103

1 x 106

463

Dy166

1 x 103

1 x 106

464

Ho155

1 x 102

1 x 106

465

Ho157

1 x 102

1 x 106

466

Ho159

1 x 102

1 x 106

467

Ho161

1 x 102

1 x 107

468

Ho162

1 x 102

1 x 107

469

Ho162m

1 x 101

1 x 106

470

Ho164

1 x 103

1 x 106

471

Ho164m

1 x 103

1 x 107

472

Ho166

1 x 103

1 x 105

473

Ho166m

1 x 101

1 x 106

474

Ho167

1 x 102

1 x 106

475

Er161

1 x 101

1 x 106

476

Er165

1 x 103

1 x 107

477

Er169

1 x 104

1 x 107

478

Er171

1 x 102

1 x 106

479

Er172

1 x 102

1 x 106

480

Tm162

1 x 101

1 x 106

481

Tm166

1 x 101

1 x 106

482

Tm167

1 x 102

1 x 106

483

Tm170

1 x 103

1 x 106

484

Tm171

1 x 104

1 x 108

485

Tm172

1 x 102

1 x 106

486

Tm173

1 x 102

1 x 106

487

Tm175

1 x 101

1 x 106

488

Yb162

1 x 102

1 x 107

489

Yb166

1 x 102

1 x 107

490

Yb167

1 x 102

1 x 106

491

Yb169

1 x 102

1 x 107

492

Yb175

1 x 103

1 x 107

493

Yb177

1 x 102

1 x 106

494

Yb178

1 x 103

1 x 106

495

Lu169

1 x 101

1 x 106

496

Lu170

1 x 101

1 x 106

497

Lu171

1 x 101

1 x 106

498

Lu172

1 x 101

1 x 106

499

Lu173

1 x 102

1 x 107

500

Lu174

1 x 102

1 x 107

501

Lu174m

1 x 102

1 x 107

502

Lu176

1 x 102

1 x 106

503

Lu176m

1 x 103

1 x 106

504

Lu177

1 x 103

1 x 107

505

Lu177m

1 x 101

1 x 106

506

Lu178

1 x 102

1 x 105

507

Lu178m

1 x 101

1 x 105

508

Lu179

1 x 103

1 x 106

509

Hf170

1 x 102

1 x 106

510

Hf172a

1 x 101

1 x 106

511

Hf173

1 x 102

1 x 106

512

Hf175

1 x 102

1 x 106

513

Hf177m

1 x 101

1 x 105

514

Hf178m

1 x 101

1 x 106

515

Hf179m

1 x 101

1 x 106

516

Hf180m

1 x 101

1 x 106

517

Hf181

1 x 101

1 x 106

518

Hf182

1 x 102

1 x 106

519

Hf182m

1 x 101

1 x 106

520

Hf183

1 x 101

1 x 106

521

Hf184

1 x 102

1 x 106

522

Ta172

1 x 101

1 x 106

523

Ta173

1 x 101

1 x 106

524

Ta174

1 x 101

1 x 106

525

Ta175

1 x 101

1 x 106

526

Ta176

1 x 101

1 x 106

527

Ta177

1 x 102

1 x 107

528

Ta178

1 x 101

1 x 106

529

Ta179

1 x 103

1 x 107

530

Ta180

1 x 101

1 x 106

531

Ta180m

1 x 103

1 x 107

532

Ta182

1 x 101

1 x 104

533

Ta182m

1 x 102

1 x 106

534

Ta183

1 x 102

1 x 106

535

Ta184

1 x 101

1 x 106

536

Ta185

1 x 102

1 x 105

537

Ta186

1 x 101

1 x 105

538

W176

1 x 102

1 x 106

539

W177

1 x 101

1 x 106

540

W178a

1 x 101

1 x 106

541

W179

1 x 102

1 x 107

542

W181

1 x 103

1 x 107

543

W185

1 x 104

1 x 107

544

W187

1 x 102

1 x 106

545

W188a

1 x 102

1 x 105

546

Re177

1 x 101

1 x 106

547

Re178

1 x 101

1 x 106

548

Re181

1 x 101

1 x 106

549

Re182

1 x 101

1 x 106

550

Re182m

1 x 101

1 x 106

551

Re184

1 x 101

1 x 106

552

Re184m

1 x 102

1 x 106

553

Re186

1 x 103

1 x 106

554

Re186m

1 x 103

1 x 107

555

Re187

1 x 106

1 x 109

556

Re188

1 x 102

1 x 105

557

Re188m

1 x 102

1 x 107

558

Re189a

1 x 102

1 x 106

559

Os180

1 x 102

1 x 107

560

Os181

1 x 101

1 x 106

561

Os182

1 x 102

1 x 106

562

Os185

1 x 101

1 x 106

563

Os189m

1 x 104

1 x 107

564

Os191

1 x 102

1 x 107

565

Os191m

1 x 103

1 x 107

566

Os193

1 x 102

1 x 106

567

Os194a

1 x 102

1 x 105

568

Ir182

1 x 101

1 x 105

569

Ir184

1 x 101

1 x 106

570

Ir185

1 x 101

1 x 106

571

Ir186

1 x 101

1 x 106

572

Ir186m

1 x 101

1 x 106

573

Ir187

1 x 102

1 x 106

574

Ir188

1 x 101

1 x 106

575

Ir189a

1 x 102

1 x 107

576

Ir190

1 x 101

1 x 106

577

Ir190m (3.1 h)

1 x 101

1 x 106

578

Ir190m (1.2 h)

1 x 104

1 x 107

579

Ir192

1 x 101

1 x 104

580

Ir192m

1 x 102

1 x 107

581

Ir193m

1 x 104

1 x 107

582

Ir194

1 x 102

1 x 105

583

Ir194m

1 x 101

1 x 106

584

Ir195

1 x 102

1 x 106

585

Ir195m

1 x 102

1 x 106

586

Pt186

1 x 101

1 x 106

587

Pt188a

1 x 101

1 x 106

588

Pt189

1 x 102

1 x 106

589

Pt191

1 x 102

1 x 106

590

Pt193

1 x 104

1 x 107

591

Pt193m

1 x 103

1 x 107

592

Pt195m

1 x 102

1 x 106

593

Pt197

1 x 103

1 x 106

594

Pt197m

1 x 102

1 x 106

595

Pt199

1 x 102

1 x 106

596

Pt200

1 x 102

1 x 106

597

Au193

1 x 102

1 x 107

598

Au194

1 x 101

1 x 106

599

Au195

1 x 102

1 x 107

600

Au198

1 x 102

1 x 106

601

Au198m

1 x 101

1 x 106

602

Au199

1 x 102

1 x 106

603

Au200

1 x 102

1 x 105

604

Au200m

1 x 101

1 x 106

605

Au201

1 x 102

1 x 106

606

Hg193

1 x 102

1 x 106

607

Hg193m

1 x 101

1 x 106

608

Hg194a

1 x 101

1 x 106

609

Hg195

1 x 102

1 x 106

610

Hg195ma

1 x 102

1 x 106

611

Hg197

1 x 102

1 x 107

612

Hg197m

1 x 102

1 x 106

613

Hg199m

1 x 102

1 x 106

614

Hg203

1 x 102

1 x 105

615

Tl194

1 x 101

1 x 106

616

Tl194m

1 x 101

1 x 106

617

Tl195

1 x 101

1 x 106

618

Tl197

1 x 102

1 x 106

619

Tl198

1 x 101

1 x 106

620

Tl198m

1 x 101

1 x 106

621

Tl199

1 x 102

1 x 106

622

Tl200

1 x 101

1 x 106

623

Tl201

1 x 102

1 x 106

624

Tl202

1 x 102

1 x 106

625

Tl204

1 x 104

1 x 104

626

Pb195m

1 x 101

1 x 106

627

Pb198

1 x 102

1 x 106

628

Pb199

1 x 101

1 x 106

629

Pb200

1 x 102

1 x 106

630

Pb201

1 x 101

1 x 106

631

Pb202

1 x 103

1 x 106

632

Pb202m

1 x 101

1 x 106

633

Pb203

1 x 102

1 x 106

634

Pb205

1 x 104

1 x 107

635

Pb209

1 x 105

1 x 106

636

Pb210a

1 x 101

1 x 104

637

Pb211

1 x 102

1 x 106

638

Pb212a

1 x 101

1 x 105

639

Pb214

1 x 102

1 x 106

640

Bi200

1 x 101

1 x 106

641

Bi201

1 x 101

1 x 106

642

Bi202

1 x 101

1 x 106

643

Bi203

1 x 101

1 x 106

644

Bi205

1 x 101

1 x 106

645

Bi206

1 x 101

1 x 105

646

Bi207

1 x 101

1 x 106

647

Bi210

1 x 103

1 x 106

648

Bi210ma

1 x 101

1 x 105

649

Bi212a

1 x 101

1 x 105

650

Bi213

1 x 102

1 x 106

651

Bi214

1 x 101

1 x 105

652

Po203

1 x 101

1 x 106

653

Po205

1 x 101

1 x 106

654

Po206

1 x 101

1 x 106

655

Po207

1 x 101

1 x 106

656

Po208

1 x 101

1 x 104

657

Po209

1 x 101

1 x 104

658

Po210

1 x 101

1 x 104

659

At207

1 x 101

1 x 106

660

At211

1 x 103

1 x 107

661

Fr222

1 x 103

1 x 105

662

Fr223

1 x 102

1 x 106

663

Rn220a

1 x 104

1 x 107

664

Rn222a

1 x 101

1 x 108

665

Ra223a

1 x 102

1 x 105

666

Ra224a

1 x 101

1 x 105

667

Ra225

1 x 102

1 x 105

668

Ra226a

1 x 101

1 x 104

669

Ra227

1 x 102

1 x 106

670

Ra228a

1 x 101

1 x 105

671

Ac224

1 x 102

1 x 106

672

Ac225a

1 x 101

1 x 104

673

Ac226

1 x 102

1 x 105

674

Ac227a

1 x 101

1 x 103

675

Ac228

1 x 101

1 x 106

676

Th226a

1 x 103

1 x 107

677

Th227

1 x 101

1 x 104

678

Th228a

1 x 100

1 x 104

679

Th229a

1 x 100

1 x 103

680

Th230

1 x 100

1 x 104

681

Th231

1 x 103

1 x 107

682

Th232

1 x 101

1 x 104

683

Thnata

1 x 100

1 x 103

684

Th234a

1 x 103

1 x 105

685

Pa227

1 x 101

1 x 106

686

Pa228

1 x 101

1 x 106

687

Pa230

1 x 101

1 x 106

688

Pa231

1 x 100

1 x 103

689

Pa232

1 x 101

1 x 106

690

Pa233

1 x 102

1 x 107

691

Pa234

1 x 101

1 x 106

692

U230a

1 x 101

1 x 105

693

U231

1 x 102

1 x 107

694

U232a

1 x 100

1 x 103

695

U233

1 x 101

1 x 104

696

U234

1 x 101

1 x 104

697

U235a

1 x 101

1 x 104

698

U236

1 x 101

1 x 104

699

U237

1 x 102

1 x 106

700

U238a

1 x 101

1 x 104

701

Unata

1 x 100

1 x 103

702

U239

1 x 102

1 x 106

703

U240

1 x 103

1 x 107

704

U240a

1 x 101

1 x 106

705

Np232

1 x 101

1 x 106

706

Np233

1 x 102

1 x 107

707

Np234

1 x 101

1 x 106

708

Np235

1 x 103

1 x 107

709

Np236

1 x 102

1 x 105

710

Np236m

1 x 103

1 x 107

711

Np237a

1 x 100

1 x 103

712

Np238

1 x 102

1 x 106

713

Np239

1 x 102

1 x 107

714

Np240

1 x 101

1 x 106

715

Pu234

1 x 102

1 x 107

716

Pu235

1 x 102

1 x 107

717

Pu236

1 x 101

1 x 104

718

Pu237

1 x 103

1 x 107

719

Pu238

1 x 100

1 x 104

720

Pu239

1 x 100

1 x 104

721

Pu240

1 x 100

1 x 103

722

Pu241

1 x 102

1 x 105

723

Pu242

1 x 100

1 x 104

724

Pu243

1 x 103

1 x 107

725

Pu244

1 x 100

1 x 104

726

Pu245

1 x 102

1 x 106

727

Pu246

1 x 102

1 x 106

728

Am237

1 x 102

1 x 106

729

Am238

1 x 101

1 x 106

730

Am239

1 x 102

1 x 106

731

Am240

1 x 101

1 x 106

732

Am241

1 x 100

1 x 104

733

Am242

1 x 103

1 x 106

734

Am242ma

1 x 100

1 x 104

735

Am243a

1 x 100

1 x 103

736

Am244

1 x 101

1 x 106

737

Am244m

1 x 104

1 x 107

738

Am245

1 x 103

1 x 106

739

Am246

1 x 101

1 x 105

740

Am246m

1 x 101

1 x 106

741

Cm238

1 x 102

1 x 107

742

Cm240

1 x 102

1 x 105

743

Cm241

1 x 102

1 x 106

744

Cm242

1 x 102

1 x 105

745

Cm243

1 x 100

1 x 104

746

Cm244

1 x 101

1 x 104

747

Cm245

1 x 100

1 x 103

748

Cm246

1 x 100

1 x 103

749

Cm247

1 x 100

1 x 104

750

Cm248

1 x 100

1 x 103

751

Cm249

1 x 103

1 x 106

752

Cm250

1 x 101

1 x 103

753

Bk245

1 x 102

1 x 106

754

Bk246

1 x 101

1 x 106

755

Bk247

1 x 100

1 x 104

756

Bk249

1 x 103

1 x 106

757

Bk250

1 x 101

1 x 106

758

Cf244

1 x 104

1 x 107

759

Cf246

1 x 103

1 x 106

760

Cf248

1 x 101

1 x 104

761

Cf249

1 x 100

1 x 103

762

Cf250

1 x 101

1 x 104

763

Cf251

1 x 100

1 x 103

764

Cf252

1 x 101

1 x 104

765

Cf253

1 x 102

1 x 105

766

Cf254

1 x 100

1 x 103

767

Es250

1 x 102

1 x 106

768

Es251

1 x 102

1 x 107

769

Es253

1 x 102

1 x 105

770

Es254

1 x 101

1 x 104

771

Es254m

1 x 102

1 x 106

772

Fm252

1 x 103

1 x 106

773

Fm253

1 x 102

1 x 106

774

Fm254

1 x 104

1 x 107

775

Fm255

1 x 103

1 x 106

776

Fm257

1 x 101

1 x 105

777

Md257

1 x 102

1 x 107

778

Md258

1 x 102

1 x 105

779

An alphaemitting nuclide not mentioned in another item

1 x 100

1 x 103

780

A nuclide that is not alphaemitting and not mentioned in another item

1 x 101

1 x 104

Note 1: The activity of a progeny nuclide included in secular equilibrium with a parent nuclide is dealt with in section 5. Parent nuclides and progeny nuclides are set out in Part 2 of this Schedule, and parent nuclides are also marked a in the table in this Part.

Note 2: A nuclide marked m or m in the table indicates a metastable state of the nuclide, with the metastable state m indicating a state of higher energy than the metastable state m.

Part 2Parent and progeny nuclides

 

Parent nuclides and progeny nuclides

 

Parent nuclide

Progeny nuclide

1

Ge68

Ga68

2

Rb83

Kr83m

3

Sr82

Rb82

4

Sr90

Y90

5

Y87

Sr87m

6

Zr93

Nb93m

7

Zr97

Nb97

8

Ru106

Rh106

9

Ag108m

Ag108

10

Sn121m

Sn121 (0.776)

11

Sn126

Sb126m

12

Xe122

I122

13

Cs137

Ba137m

14

Ba140

La140

15

Ce144

Pr144

16

Gd146

Eu146

17

Hf172

Lu172

18

W178

Ta178

19

W188

Re188

20

Re189

Os189m (0.241)

21

Os194

Ir194

22

Ir189

Os189m

23

Pt188

Ir188

24

Hg194

Au194

25

Hg195m

Hg195 (0.542)

26

Pb210

Bi210

Po210

27

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

28

Bi210m

Tl206

29

Bi212

Tl208 (0.36)

Po212 (0.64)

30

Rn220

Po216

31

Rn222

Po218

Pb214

Bi214

Po214

32

Ra223

Rn219

Po215

Pb211

Bi211

Tl207

33

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

34

Ra226

Rn222

Po218

Pb214

Bi214

Po214

Pb210

Bi210

Po210

35

Ra228

Ac228

36

Ac225

Fr221

At217

Bi213

Po213 (0.978)

Tl209 (0.0216)

Pb209 (0.978)

37

Ac227

Fr223 (0.0138)

38

Th226

Ra222

Rn218

Po214

39

Th228

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

40

Th229

Ra225

Ac225

Fr221

At217

Bi213

Po213

Pb209

41

Thnat

Ra228

Ac228

Th228

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

42

Th234

Pa234m

43

U230

Th226

Ra222

Rn218

Po214

44

U232

Th228

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

45

U235

Th231

46

U238

Th234

Pa234m

47

Unat

Th234

Pa234m

U234

Th230

Ra226

Rn222

Po218

Pb214

Bi214

Po214

Pb210

Bi210

Po210

48

U240

Np240m

49

Np237

Pa233

50

Am242m

Am242

51

Am243

Np239

Note 1: The activity of a progeny nuclide included in secular equilibrium with a parent nuclide is dealt with in section 5.

Note 2: Parent nuclides are also marked a in the table in Part 1.

Schedule 2Form of inspectors identity card

Note: See section 83.

 

 

Australian Radiation Protection and Nuclear Safety Act 1998

 

This identifies (name of inspector), whose photograph and signature appear below, as an inspector appointed by the CEO of ARPANSA under subsection 62(1) of the Australian Radiation Protection and Nuclear Safety Act 1998.

 

(photograph)

 

(signature of inspector)

 

(signature of the CEO)

 

Valid until (date when appointment ceases)

 

 

Dated (date of issue)