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S.I. No. 166/1977 -- Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977.

S.I. No. 166/1977 -- Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977. 1977 166

S.I. No. 166/1977:

NUCLEAR ENERGY (GENERAL CONTROL OF FISSILE FUELS, RADIOACTIVE SUBSTANCES AND IRRADIATING APPARATUS) ORDER, 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 under this Order may at any time before the expiry of the licence apply to the Board in writing for an amendment to the licence.

(2) An application for such an amendment shall--

( a ) be made in accordance with the provisions of Article 9 of this Order as if the application were an application for a licence under this Order, and

( b ) specify the reasons for the proposed amendment.

14. Notwithstanding any other provision of this Order, where the Board is of the opinion that it is necessary to do so for the purpose of protecting health and of minimising danger to persons or property arising from fissile fuel, radioactive substances or devices or irradiating apparatus, the following provisions shall apply:

( a ) the Board may at its discretion refuse to issue a licence under this Order;

( b ) it may, if it is satisfied that any term or condition attached to a licence under this Order has not or is not being complied with, revoke the licence.

15. (1) An officer or servant of the Board authorised in writing by the Board may, on production of his authorisation if demanded by any person affected, enter upon premises and carry out such inspection as may be reasonably necessary for the purpose of ascertaining if any provision of this Order or the terms and conditions of a licence under this Order are being complied with.

(2) The holder of a licence under this Order shall keep records showing details of the receipt, use, transfer, export and disposal of anything to which the licence relates.

(3) The holder of a licence under this Order shall on request produce to an officer or servant of the Board for inspection by him records kept by the holder under this Article and shall perform, cause to be performed or permit the officer or servant of the Board to perform any test which the officer or servant considers necessary for the purpose mentioned in paragraph (1) of this Article.

16. An officer of customs and excise may detain and seize anything to which this Order applies being attempted to be imported or exported in contravention of this Order and may for that purpose open any package containing or suspected by him to contain anything to which this Order applies, and the provisions of the Customs Consolidation Act, 1876 relating to the condemnation and disposal of goods seized under that Act shall apply and have effect in relation to all articles seized under this Order as if the articles had been seized under that Act.

Article 5 (c)

SCHEDULE

CLASSIFICATION OF RADIONUCLIDES.

GROUP I RADIONUCLIDES.

Lead 210 Uranium 233 Curium 243
Polonium 210 Uranium 234 Curium 244
Radium 223 Neptunium 237 Curium 245
Radium 226 Plutonium 238 Curium 246
Radium 228 Plutonium 239 Curium 248
Actinium 227 Plutonium 240 Californium 249
Thorium 227 Plutonium 241 Californium 250
Thorium 228 Plutonium 242 Californium 251
Thorium 230 Americium 241 Californium 252
Protactinium 231 Americium 242m Californium 254
Uranium 230 Americium 243 Einsteinium 254
Uranium 232 Curium 242 Einsteinium 255

GROUP II RADIONUCLIDES.

Sodium 22 Tellurium 129m Bismuth 207
Chlorine 36 Iodine 124 Bismuth 210
Calcium 45 Iodine 126 Astatine 211
Scandium 46 Iodine 131 Radium 224
Manganese 54 Iodine 133 Actinium 228
Cobalt 56 Caesium 134 Thorium 234
Cobalt 60 Caesium 137 Protactinium 230
Strontium 89 Barium 140 Uranium 236
Strontium 90 Cerium 144 Plutonium 244
Yttrium 91 Europium 152 Americium 242
Zirconium 95 Europium 154 Curium 247
Ruthenium 106 Terbium 160 Berkelium 249
Silver 110m Thulium 170 Californium 253
Cadmium 115m Hafnium 181 Einsteinium 253
Indium 114m Tantalum 182 Einsteinium 254m
Antimony 124 Iridium 192 Fermium 255
Antimony 125 Thallium 204 Fermium 256
Tellurium 127m Lead 212

GROUP III RADIONUCLIDES.

Beryllium 7 Sulphur 35 Scandium 47
Carbon 14 Chlorine 38 Scandium 48
Fluorine 18 Argon 41 Vanadium 48
Sodium 24 Potassium 42 Chromium 51
Silicon 31 Potassium 43 Manganese 52
Phosphorous 32 Calcium 47 Manganese 56
Iron 52 Cadmium 109 Tungsten 181
Iron 55 Cadmium 115 Tungsten 185
Iron 59 Indium 115m Tungsten 187
Cobalt 57 Tin 113 Rhenium 183
Cobalt 58 Tin 125 Rhenium 186
Nickel 63 Antimony 122 Rhenium 188
Nickel 65 Tellurium 125m Osmium 185
Copper 64 Tellurium 127 Osmium 191
Zinc 65 Tellurium 129 Osmium 193
Zinc 69m Tellurium 131m Iridium 190
Gallium 72 Tellurium 132 Iridium 194
Arsenic 73 Iodine 130 Platinum 191
Arsenic 74 Iodine 132 Platinum 193
Arsenic 76 Iodine 134 Platinum 197
Arsenic 77 Iodine 135 Gold 196
Selenium 75 Xenon 135 Gold 198
Bromine 82 Caesium 131 Gold 199
Krypton 85m Caesium 136 Mercury 197
Krypton 87 Barium 131 Mercury 197m
Rubidium 86 Lanthanium 140 Mercury 203
Strontium 85 Cerium 141 Thallium 200
Strontium 91 Cerium 143 Thallium 201
Strontium 92 Praseodymium 142 Thallium 202
Yttrium 90 Praseodymium 143 Lead 203
Yttrium 92 Neodymium 147 Bismuth 206
Yttrium 93 Neodymium 149 Bismuth 212
Zirconium 97 Promethium 147 Radon 220
Niobium 93m Promethium 149 Radon 222
Niobium 95 Samarium 151 Thorium 231
Molybdenum 99 Samarium 153 Protactinium 223
Technetium 96 Europium 152m Uranium 240
Technetium 97m Europium 155 Neptunium 239
Technetium 97 Gadolinium 153 Neptunium 240
Technetium 99 Gadolinium 159 Plutonium 243
Ruthenium 97 Dysprosium 165 Americium 244
Ruthenium 103 Dysprosium 166 Berkelium 250
Ruthenium 105 Holmium 166 Fermium 254
Rhodium 105 Erbium 169
Palladium 103 Erbium 171
Palladium 109 Thulium 171
Silver 105 Ytterbium 175
Silver 111 Lutecium 177

GROUP IV RADIONUCLIDES.

Tritium (H-3) Technetium 96m Thorium 232
Oxygen 15 Technetium 99m Natural Thorium
Argon 37 Rhodium 103m Uranium 235
Cobalt 58m Indium 113m Uranium 238
Nickel 59 Iodine 129 Natural Uranium
Zinc 69 Xenon 131m Curium 249
Germanium 71 Xenon 133
Krypton 85 Caesium 134m
Strontium 85m Caesium 135
Yttrium 91m Osmium 191m
Zirconium 93 Platinum 193m
Niobium 97 Platinum 197m

GIVEN under my Official Seal, this 1st day of June, 1977.

TOM FITZPATRICK,

Minister for Transport and

Power.

EXPLANATORY NOTE.

This Order provides for the control by licence to be obtained from the Nuclear Energy Board, of the custody, use, manufacture, importation, distribution, transportation, exportation, or other disposal of fissile fuel, or other radioactive substances or devices or irradiating apparatus, as defined in the Order.



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URL: http://www.bailii.org/ie/legis/num_reg/1977/0166.html