Radiation Safety Act 2016

For most businesses, the practical questions are simple. Is the equipment or material covered? Do you need a source licence, use licence or consent? Who is allowed to use the source? Are your storage, security, records and incident processes good enough?

Irradiating apparatus includes electrical equipment designed to generate ionising radiation, such as X-rays, neutrons, electrons or other charged particles. It also includes some equipment that produces ionising radiation as a by-product above stated thresholds.

The Act uses the term deal with very broadly. It includes manufacturing, possessing, controlling, managing, using, transporting, storing, exporting, importing, selling, supplying or disposing of a radiation source, as well as carrying out any other activity or practice involving it.

The Act does not override the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987, the Nuclear-Test-Ban Act 1999, or the Atomic Energy Act 1945. If there is an inconsistency with those specified enactments, those laws prevail.

Those requirements include making sure the expected benefits to people and society outweigh the risk of harm, keeping exposures as low as is reasonably achievable, and ensuring planned exposure does not exceed the Schedule 3 dose limits.

The Act also requires reasonable steps for safe placement and containment, accident prevention, emergency planning, and security measures to prevent unauthorised access, loss, theft, sabotage, unauthorised transfer or removal, and unauthorised acts using the source.

A use licence may be granted if the Director is satisfied that the proposed use does not present a significant risk to people or the environment, the use is appropriate and justified, the applicant has the right training, qualifications and experience, and the applicant is a suitable person.

Conditions can restrict the type of source, the permitted uses and the places where it may be used. The Act also sets situations where a source licence or use licence is not required, so businesses should check those provisions carefully before assuming an activity is exempt.

A person without a use licence may still use a specified radiation source under direct supervision of an authorised person, or under that person’s written instructions if the use is mechanical or procedural and the user can meet the fundamental requirements. Direct supervision means the supervisor is physically present and able to intervene.

Conditions can restrict the type and quantity of material and the date by which import or export must occur. Consent holders must ensure appropriate security arrangements are in place to prevent or avoid accidental or malicious use of the radiation source, and they must comply with radiation safety requirements.

If a consent holder believes an incident has resulted in unintended loss or release of radiation, or overexposure of a person to radiation, the holder must notify the Director as soon as practicable and take the required mitigation steps.

Written instructions used for unlicensed users must be recorded by the authorised person. Renewal applications must be made to the Director, contain the prescribed information and be accompanied by the prescribed fee.

If the Director receives the renewal application, fee and all necessary supporting information before the authorisation expires, the authorisation remains in force until the renewal is decided. The Director may also request further relevant information by written notice within 10 working days after receiving the application.

The Act creates offences for contravening fundamental requirements, doing certain things without authorisation, providing false or misleading information, failures relating to the register and records, refusing entry, failing to answer questions or provide information, obstructing enforcement officers, failing to comply with emergency requirements, and failing to comply with compliance orders.

The Act also provides a defence for certain strict liability offences if the defendant proves the offence was due to another person’s act or omission, an accident, or another cause outside the defendant’s control, and that all reasonable steps were taken to avoid it.