Radiation Safety Act 2016

Regulations

91 Regulations

(1)

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)

providing for, subject to subsection (4), exemptions from any provision in subpart 2 or 3 of Part 1 in respect of—

(i)

the operation of the armed forces; or

(ii)

any radiation source temporarily entering New Zealand by ship or aircraft; or

(iii)

any radiation source that,—

(A)

in all reasonably foreseeable circumstances, is likely to result in an effective dose of less than 10 microsieverts per year; or

(B)

in low-probability scenarios, is likely to result in an effective dose of less than 1 millisievert per year; or

(iv)

any radiation source that, if regulated under this Act, is unlikely to achieve a worthwhile reduction in individual doses or health risks:

(b)

imposing conditions on any exemptions provided for under paragraph (a):

(c)

prescribing, in accordance with subsection (2), any material as a source material or a special fissionable material:

(d)

prescribing requirements relating to the duties of source licence holders in incidents involving unintended loss of, release of, or exposure to any radiation source:

(e)

prescribing requirements for radiation safety plans:

(f)

prescribing requirements relating to radiation emergencies:

(g)

prescribing information that must be included in—

(i)

an application for a source licence, use licence, or consent; and

(ii)

an application for a renewal of a source licence, use licence, or consent:

(h)

authorising, for the purpose of section 16(a), a person to perform an activity or a class of activity prescribed under paragraph (i):

(i)

prescribing, for the purpose of section 16(a), activities or classes of activities involving a radiation source that may be performed by a person authorised under paragraph (h):

(j)

prescribing the manner in which radiation sources must be marked or labelled:

(k)

prescribing requirements for signage of radiation sources:

(l)

prescribing maximum periods for which authorisations may be granted, and different periods may be prescribed for—

(i)

different radiation sources:

(ii)

different purposes:

(m)

prescribing controls to avoid or mitigate adverse effects on the environment caused by a radiation source:

(n)

prescribing controls to avoid or mitigate illness or injury to people or damage to the environment or chattels caused by a radiation source:

(o)

prohibiting or restricting the use of a radiation source:

(p)

specifying unsealed radioactive materials that must be registered under section 31:

(q)

prescribing requirements for registration of a controlled radiation source.

(2)

A regulation under subsection (1)(c) must be made on the recommendation of the Minister after the Minister has had regard to any relevant determination made by the IAEA.

(3)

For the purpose of subsection (1)(q), different requirements may be prescribed for the registration of different classes or types of controlled radiation sources.

(4)

No regulations may be made under subsection (1)(a) that relate to a radiation source that is nuclear material.

(5)

A regulation authorising a person under subsection (1)(h) must be made on the recommendation of the Minister after being satisfied that the person has the appropriate level of knowledge and experience of radiation safety for the activity or class of activity.