Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977.

• Jurisdiction: Ireland
• Year: 1977
• Citation: IR SI 166/1977

S.I. No. 166 of 1977.

NUCLEAR ENERGY (GENERAL CONTROL OF FISSILE FUELS, RADIOACTIVE SUBSTANCES AND IRRADIATING APPARATUS) ORDER, 1977.

I, TOM FITZPATRICK, Minister for Transport and Power, in exercise of the powers conferred on me by section 6 of the Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971 (No. 12 of 1971), and after consultation with the Ministers for Finance, Industry and Commerce, Agriculture, Fisheries, Labour, Health, Education and Foreign Affairs, hereby order as follows: 1. This Order may be cited as the Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977, and shall come into operation on the 1st day of July, 1977. 2. In this Order "the Board" means An Bord Fuinnimh Núicléigh. 3. This Order applies to the following—

( a ) fissile fuels,

( b ) radioactive substances,

( c ) radioactive devices,

( d ) irradiating apparatus, and

( e ) radioactive waste products. 4. (1) The custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of anything to which this Order applies is prohibited save under a licence issued by the Board as the agent of the Minister for Transport and Power.

(2) The Board may attach to any licence under this Order, either at the time of issue or thereafter, such conditions as it deems necessary. 5. Notwithstanding Article 3 of this Order, this Order does not apply to—

( a ) the use of any radioactive substance or device or any irradiating apparatus as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect,

( b ) ores, minerals, raw and treated (including residues and tailings), which contain less than 0.05 per cent by weight of uranium or thorium; natural uranium, unwrought or wrought (including alloys and compounds of natural uranium) having a uranium content less than 0.05 per cent by weight; and alloys containing less than 1.5 per cent of thorium by weight,

( c ) any product (except toys, foodstuffs, medicinal products, cosmetics or household products) containing a radioactive substance of which the total activity is less than—

(i) 0.1 microcuries for Group 1 radionuclides,

(ii) 1.0 microcuries for Group II radionuclides,

(iii) 10.0 microcuries for Group III radionuclides or

(iv) 100.0 microcuries for Group IV radionuclides,

regard being had in each case to the classification of radionuclides in the Schedule to this Order,

( d ) the use of navigation instruments or timepieces containing radioluminescent paint but excluding their manufacture or repair except as provided for in paragraph (c) of this Article,

( e ) apparatus emitting ionising radiations and containing radioactive substances in amounts greater than the values specified in paragraph (c) of this Article, provided that—

(i) it is of a type approved by the Board;

(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Board, justify its use;

(iii) it is constructed in the form of sealed sources ensuring effective protection against any contact with the radioactive substances and against any leakage of them; and

(iv) it does not cause, at any point situated at a distance of 0.1 metres from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 millirem per hour,

( f ) apparatus (other than television receivers) emitting ionising radiations but not containing any radioactive substances, provided that—

(i) it is of a type approved by the Board;

(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Board, justify its use; and

(iii) it does not cause, at any point situated at a distance of 0.1 metres from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 millirem per hour,

( g ) television receivers which do not cause at any point situated at a distance of 0.05 metres from the accessible surface of the receiver a dose rate exceeding 0.5 millirem per hour. 6. The prohibition on transportation imposed by Article 4 (1) of this Order does not apply to transportation by a carrier in the normal course of his business, provided that the consignor furnishes the carrier with a copy of a licence under this Order authorising the transportation of things to which this Order applies. 7. Any person who at the commencement of this Order has custody of or is using, manufacturing, importing, distributing, transporting, exporting or otherwise disposing of anything to which this Order applies shall apply to the Board for a licence under this Order. 8. An application for a licence under this Order shall be made to the Board—

( a ) in a case where the applicant is a person referred to in paragraph 7 of this Order, within one month after the commencement of this Order,

( b ) in any other case, not later than one month before the commencement of the period of custody, use, manufacture, importation, distribution, transportation, exportation or other disposal in respect of which the licence is required. 9. An application for a licence under this Order shall be made on the appropriate application form obtainable from the Board and shall contain the particulars required by that form. 10. (1) Where in the opinion of the Board the information supplied by an applicant on an application form is insufficient or inadequate for the purpose of enabling the Board to decide whether or not to issue a licence under this Order, it may by notice in writing (sent to the applicant at the address specified in the form) require the applicant to furnish the Board with such additional information as it specifies in the notice.

(2) Additional information required by the Board under this paragraph may include information relating to the suitability, experience or training of the applicant in the safe usage and handling of the fuel, substance, device or apparatus the subject of the proposed licence. 11. A licence under this Order shall, subject to any condition relating to expiry specified in the licence, expire on the expiry date so specified. 12. Where the holder of a licence under this Order proposes to apply for a further licence to operate from the expiry of his existing licence, he shall apply to the Board in accordance with the provisions of Article 9 of this Order for such further licence not later than one month before the expiry of the existing licence. 13. (1) The holder of a licence...