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SR 2003 No. 90 Regulations as made
These Regulations amend the Australian Radiation Protection and Nuclear Safety Regulations 1999.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR26-May-2003
Tabled Senate16-Jun-2003
Gazetted 22 May 2003
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Radiation Protection and Nuclear Safety Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 902

I, GUY STEPHEN MONTAGUE GREEN, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Radiation Protection and Nuclear Safety Act 1998.

Dated 15 May 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

TRISH WORTH


1              Name of Regulations

                These Regulations are the Australian Radiation Protection and Nuclear Safety Amendment Regulations 2003 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Australian Radiation Protection and Nuclear Safety Regulations 1999

                Schedule 1 amends the Australian Radiation Protection and Nuclear Safety Regulations 1999.


Schedule 1        Amendments

(regulation 3)

  

[1]           Paragraphs 6 (1) (d) and (e)

substitute

               (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 worked out using the steps mentioned in subregulation (2) is greater than 106; or

                         (ii)    sealed sources for which the result worked out using the steps mentioned in subregulation (2) is greater than 109.

[2]           Subregulation 6 (2)

substitute

         (2)   For subparagraphs (1) (d) (i) and (ii), the steps are:

                (a)    divide the activity of each nuclide in the sources by the activity value mentioned in column 4 of Part 2 of Schedule 2 for the nuclide; and

               (b)    if there is more than 1 nuclide in the sources — add the result for each nuclide worked out under paragraph (a).

[3]           Regulations 7 to 10

substitute

7              Nuclear installation — prescribed activity level for nuclear waste storage facilities

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

                (a)    if the facility contains, or is designed to contain, unsealed sources, and the result worked out for a waste package of the unsealed sources, using the steps mentioned in subregulation (2) (the activity concentration value steps), is greater than 104 — the level at which the result worked out for the unsealed sources in the facility, using the steps mentioned in subregulation (3) (the activity value steps), is 106; or

               (b)    if the facility contains, or is designed to contain, sealed sources — the level at which the result worked out for the sealed sources in the facility, using the steps mentioned in subregulation (3) (the activity value steps), is 1010.

Note   Under section 13 of the Act, a nuclear waste storage facility with an activity that is greater than the activity level prescribed is a nuclear installation.

         (2)   For paragraph (1) (a), the activity concentration value steps are:

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

               (b)    divide the result for each nuclide worked out under paragraph (a) by the activity concentration value mentioned in column 3 of Part 2 of Schedule 2 for the nuclide; and

                (c)    if there is more than 1 nuclide in the waste package — add the result for each nuclide worked out under paragraph (b).

         (3)   For paragraphs (1) (a) and (b), the activity value steps are:

                (a)    divide the activity of each nuclide in the sources in the facility by the activity value mentioned in column 4 of Part 2 of Schedule 2 for the nuclide; and

               (b)    if there is more than 1 nuclide in the sources — add the result for each nuclide worked out under paragraph (a).

8              Nuclear installation — prescribed activity level for nuclear waste disposal facilities

         (1)   This regulation applies to a nuclear waste disposal facility if:

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

               (b)    the result worked out for a waste package of the controlled materials, using the steps mentioned in subregulation (3) (the activity concentration value steps), is greater than 102.

         (2)   For paragraph (c) of the definition of nuclear installation in section 13 of the Act, the activity level, for a nuclear waste disposal facility to which this regulation applies, is the level at which the result worked out for the controlled materials in the facility, using the steps mentioned in subregulation (4) (the activity value steps), is 108.

Note   Under section 13 of the Act, a nuclear waste disposal facility with an activity that is greater than the activity level prescribed is a nuclear installation.

         (3)   For paragraph (1) (b), the activity concentration value steps are:

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

               (b)    divide the result for each nuclide worked out under paragraph (a) by the activity concentration value mentioned in column 3 of Part 2 of Schedule 2 for the nuclide; and

                (c)    if there is more than 1 nuclide in the waste package — add the result for each nuclide worked out under paragraph (b).

         (4)   For subregulation (2), the activity value steps are:

                (a)    divide the activity of each nuclide in the controlled materials in the facility by the activity value mentioned in column 4 of Part 2 of Schedule 2 for the nuclide; and

               (b)    if there is more than 1 nuclide in the controlled materials — add the result for each nuclide worked out under paragraph (a).

[4]           Regulation 11

substitute

11            Nuclear installation — prescribed activity level for facilities for production of radioisotopes

         (1)   For paragraph (d) of the definition of nuclear installation in section 13 of the Act, the activity level, for a facility for production of radioisotopes, is:

                (a)    if the facility contains, or is designed to contain, unsealed sources — the level at which the result worked out for the unsealed sources using the steps mentioned in subregulation (2) is 106; or

               (b)    if the facility contains, or is designed to contain, sealed sources — the level at which the result worked out for the sealed sources using the steps mentioned in subregulation (2) is 1010.

Note   Under section 13 of the Act, a facility for production of radioisotopes with an activity that is greater than the activity level prescribed is a nuclear installation.

         (2)   For paragraphs (1) (a) and (b), the steps are:

                (a)    divide the activity of each nuclide in the sources by the activity value mentioned in column 4 of Part 2 of Schedule 2 for the nuclide; and

               (b)    if there is more than 1 nuclide in the sources — add the result for each nuclide worked out under paragraph (a).

[5]           Schedule 2, heading

substitute

Schedule 2        Exempt dealings

(regulations 6, 7, 8, 11 and 38 and Schedules 3B and 3C)

[6]           Schedule 3A, items 16 to 25

substitute

16

Preparing a site for a controlled facility, being:

   (a)  a nuclear waste storage facility that is designed to contain controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 7; or

  (b)  a nuclear waste disposal facility that is designed to contain controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 8

100 000

17

Constructing a controlled facility, being:

   (a)  a nuclear waste storage facility that is designed to contain controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 7; or

  (b)  a nuclear waste disposal facility that is designed to contain controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 8

150 000

18

Possessing or controlling a controlled facility, being:

   (a)  a nuclear waste storage facility that contains controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 7; or

  (b)  a nuclear waste disposal facility that contains controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 8

10 000

19

Operating a controlled facility, being:

   (a)  a nuclear waste storage facility that contains controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 7; or

  (b)  a nuclear waste disposal facility that contains controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 8

150 000

20

De-commissioning, disposing of or abandoning a controlled facility, being:

   (a)  a nuclear waste storage facility that formerly contained controlled materials with an activity that was greater than the applicable activity level prescribed by regulation 7; or

  (b)  a nuclear waste disposal facility that formerly contained controlled materials with an activity that was greater than the applicable activity level prescribed by regulation 8

20 000

21

Preparing a site for a controlled facility, being a facility to produce radioisotopes, that is designed to contain controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 11

50 000

22

Constructing a controlled facility, being a facility to produce radioisotopes, that is designed to contain controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 11

100 000

23

Possessing or controlling a controlled facility, being a facility producing radioisotopes and containing controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 11

10 000

24

Operating a controlled facility, being a facility producing radioisotopes and containing controlled materials with an activity that is greater than the applicable activity level prescribed by regulation 11

90 000

25

De-commissioning, disposing of, or abandoning a controlled facility, being a facility that formerly produced radioisotopes and contained controlled materials with an activity that was greater than the applicable activity level prescribed by regulation 11

20 000

[7]           Schedule 3B, Part 1, items 7 to 9

substitute

7

Facility for the production, processing, use, storage, management or disposal of unsealed sources, for which the result worked out using the steps mentioned in subregulation 6 (2) is greater than 106

18 000

8

Facility for the production, processing, use, storage, management or disposal of sealed sources, for which the result worked out using the steps mentioned in subregulation 6 (2) is greater than 109

18 000

[8]           Dictionary, after definition of unsealed source

insert

waste package, in relation to controlled material contained or to be contained in a nuclear waste storage facility or a nuclear waste disposal facility, means the waste form of the controlled material and its container as prepared for handling, transport, storage or disposal.

Notes

1.       These Regulations amend Statutory Rules 1999 No. 37, as amended by 1999 No. 97; 2000 Nos. 306 and 330; 2001 No. 271; 2002 No. 243.

2.       Notified in the Commonwealth of Australia Gazette on 22 May 2003.