New Zealand Legislation: Regulations

4 Partial exemption of certain radioactive materials

• (1) Subject to subclause (2) and regulations 14(2) and 15, nothing in section 12 or section 13(1) of the Act, or in these regulations, shall apply to the manufacture, production, sale, storage, transport, or use, of any radioactive material that contains—

  • (a) either—

    • (i) a quantity of a radionuclide not exceeding in activity the activity set for radionuclides in the group in which it appears in the table in clause 2 of Schedule 1; or

    • (ii) a mixture of radionuclides the sum of the relative activities of which does not exceed 1; or

  • (b) either—

    • (i) a radionuclide at a concentration not exceeding the concentration set for radionuclides in the group in which it appears in the table in clause 3 of Schedule 1; or

    • (ii) a mixture of radionuclides the sum of the relative concentrations of which does not exceed 1.

  (2) Subclause (1)(a) shall not apply unless—

  • (a) the following conditions exist:

    • (i) the radioactive material, if unpackaged, or the package containing the radioactive material, bears a label as described in clause 2 of Schedule 2; and

    • (ii) the radioactive material is not contained in an article the use of which would require it to be carried by any person, or to be at a distance of less than 300 millimetres from any person; or

  • (b) the radioactive material contains a radionuclide, or a mixture of radionuclides, the activity of which does not exceed 0.1 of the activity specified in the said subclause (1)(a) or 3 kilobecquerels, whichever is the greater.

  (3) Nothing in section 12 or section 13(1) of the Act, or in these regulations, shall apply to the sale, import, export, storage, transport otherwise than for the purposes of exportation, or use of any article of a kind described in the first column of Schedule 3 of these regulations if and so long as the article conforms with the conditions set out in the second column of that schedule in relation thereto:

  provided that regulation 14(2) shall apply to the articles described in Part 2 of that schedule.

  (4) Nothing in section 13(1) of the Act, or in these regulations, shall apply to the use by any person, with the approval of the Director-General and in accordance with any conditions that the Director-General may impose (which may include conditions regarding the attachment of labels and for ensuring safe disposal), of an article of a type specified by the Director-General, which contains a radioactive material, but which, in the opinion of the Director-General, does not constitute a significant hazard to any person.