CHAPTER 311
IONISING RADIATION PROTECTION ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

   3.   Application

   4.   Exemptions

PART II
RADIATION PROTECTION AUTHORITY

   5.   Establishment of Authority

   6.   Constitution of Board

   7.   Functions of Authority

   8.   Decisions of Board to prevail

   9.   Tenure of office and vacancy

   10.   Filling of casual vacancy

   11.   Proceedings of Board

   12.   Committees of Board

   13.   Allowances of members

   15.   Immunity of member

   16.   Prohibition or disclosure

   17.   Seal of Authority

PART III
SECRETARIAT

   18.   Constitution of secretarial and definition of its functions

   19.   Executive Director

   20.   Secretary and other staff

PART IV
LICENSES

   21.   Application for ionising radiation license

   22.   Issue of license

   23.   Responsibilities of licensee

   24.   Validation and amendment of license

   25.   Transfer of license

   26.   Surrender, suspension or cancellation of license

   27.   Enforcement notice

   28.   Register

   29.   Appeal

PART V
FINANCIAL PROVISIONS

   30.   Funds of Authority

   31.   Investment of Funds

   32.   Financial year

   33.   Accounts

   34.   Annual Reports

   35.   Radiation safety officer

   36.   Powers of radiation safety officer

   37.   Duty of radiation safety officer to report to Board

PART VI
GENERAL PROVISIONS

   38.   Offences and penalties

   39.   Prohibition of disclosure of information by employee

   40.   References to radiation board and chief radiation officer

   41.   Dissolution of radiation protection board

   42.   Vesting of assets of Radiation Protection Board

   43.   Registration of property to be transferred by Government

   44.   Legal proceedings

   45.   Staff of radiation protection board

   46.   Regulations

   47.   Repeal of section 74 of Environmental Protection and Pollution Control Act

   48.   Repeal of Ionising Radiation Act and Savings

AN ACT

to establish the Radiation Protection Authority and to define its functions and powers; to provide for the protection of the public, workers and the environment from hazards arising from the use of devices or materials capable of producing ionising radiation; to repeal and replace the Ionising Radiation Act, 1972; and to provide for matters connected with or incidental to the foregoing.

Act 16 of 2005,

Act 19 of 2011.

[7th October, 2005]

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Ionising Radiation Protection Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“Authority” means the Radiation Protection Authority established by section 5;

[“authorisation” rep by s 2(b) of Act 19 of 2011.]

“Board” means the Radiation Protection Authority Board constituted under section 6;

“Chairperson” means the person appointed as Chairperson of the Board under section 6;

“clearance” means removal of radioactive materials or radiation devices within authorised practices from any further control by the Board;

“clearance levels” means values established by the Board and expressed in terms of activity concentration or total activity, at or below which sources of radiation may be released from regulatory control;

“committee” means a committee constituted by the Board under section 12;

“disease” includes injury and bodily or mental deficiency or abnormality;

“dose limit” means the value of the effective dose or the equivalent dose to individuals from controlled practices that shall not be exceeded;

“emergency” means a sudden situation associated with an incident arising from the exposure of the public or the environment to the harmful effects of ionising radiation;

“environment” means the total terrestrial, atmospheric and aquatic environs but does not include the area within the boundaries of prescribed installations handling radioactive material or radiation sources;

“Environmental Council of Zambia” means the Council establishment under section 3 of the Environmental Protection and Pollution Control Act;

“Executive director” means the person appointed as Executive Director under section 19.

“exposure” means the act or condition of being subject to irradiation and includes external exposure from sources outside the body or internal exposure from sources inside the body;

“facility” means an assembly of devices, equipment, structures or natural features whether simple or complex which serves some specific purpose or performs some specific functions;

“former Board” means the Radiation Protection Board established by section 5 of the Ionising Radiation Act;

“harmful ionizing radiation” means ionizing radiation of sufficient intensity as to entail significant risk of disability or disease as a result of exposure;

“ionizing radiation” for the purpose of radiation protection, means radiation capable of producing ion pairs in biological materials;

“license” means an ionising radiation license issued under section 22;

[Ins by s 2(a) of Act 19 of 2011.]

“licensee” means a holder of an ionising radiation license;

[Ins by s 2(a) of Act 19 of 2011.]

“limit” means the value of a quantity used in certain specified activities or circumstances that must not be exceeded;

“member” means a member of the Board;

“practice” means any human activity that introduces additional sources of exposure to additional people or modifies the network of exposure pathways from existing sources, so as to increase the exposure or likelihood of exposure of people or the number of people exposed;

“qualified expert” means an individual who, by virtue of certification by appropriate boards or societies, professional licenses or academic qualifications and experience, is duly recognised as having expertise in a relevant field of specialisation;

“Radiation Safety Officer” means a Radiation Safety Officer appointed under section 35;

“radioactive material” means any material emitting ionizing radiation including neutrons as to entail significant risk of disability or disease as a result of exposure;

“radionuclide” means a nuclide that is radioactive;

“Secretariat” means the Secretariat of the Authority constituted under section 18;

“source” means anything that may cause radiation exposure by emitting ionising radiation or releasing radioactive substances or materials;

“Vice-Chairperson” means the person elected as Vice-Chairperson of the Board under section 6; and

“worker” includes a temporary employee.

3.   Applicator

   (1) The provisions of this Act shall apply to ionising radiation relating to practices and sources.

   (2) Unless otherwise provided in this Act or in regulations made under it, radioactive material shall not be considered to be harmful if it contains radioactivity which is below the exemption levels.

4.   Exemption

   (1) The Minister may, on the recommendation of the Board (which may set higher limits for exemption in the case of material known to contain only less dangerous radionuclides), by statutory order, exempt any material which contains radioactive matter of less than specified limits from the provisions of this Act.

   (2) Sources of radioactive materials which are within authorised practices may be exempted from some of the provisions of this Act or of regulations made under it if they comply with the clearance levels approved by the Board.

   (3) Any exposure to radiation which is part of the natural environment and is due to cosmic rays at the ground level or to natural radioactivity in the body shall be exempt from control as provided in this Act.

PART II
THE RADIATION PROTECTION AUTHORITY

5.   Establishment of Authority

There is hereby established the Radiation Protection Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.

6.   Constitution of Board

   (1) There is hereby constituted the Radiation Protection Authority Board which shall, subject to the provisions of this Act, perform the functions of the Authority under this Act.

   (2) The Board shall consist of the following part-time members appointed by the Minister—

      (a)   a medical practitioner who has specialised in ionising radiation nominated by the Medical Council of Zambia;

      (b)   a scientist nominated by the Vice-Chancellor of a public university;

      (c)   a representative of the National Institute of Scientific and Industrial Research;

      (d)   a representative of the Zambia Chambers of Commerce and Industry;

      (e)   a representative of the ministry responsible for health;

      (f)   a representative of the ministry responsible for mines;

      (g)   a representative of the ministry responsible for defence;

      (h)   a representative of the ministry responsible for tourism, environment and natural resources;

      (i)   a representative of the ministry responsible for agriculture;

      (j)   a representative of the ministry responsible for transport and communications;

      (k)   a representative of the ministry responsible for labour;

      (l)   a representative of the ministry responsible for home affairs;

      (m)   a representative of the ministry responsible for science and technology;

      (n)   a representative of the ministry responsible for finance and national planning;

      (o)   a representative of the Attorney-General;

      (p)   a representative of the Environmental Council of Zambia;

      (q)   a representative of Occupational Health Research Bureau;

      (r)   a representative of a trade union representing workers in the ionising radiation sector; and

      (s)   one other person.

   (3) The Chairperson shall be appointed by the Minister from among the members.

   (4) The Vice-Chairperson shall be elected by the members of the Board from among their number.

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