Radiation Protection and Control Act 2021 (SA)

South Australia Radiation Protection and Control Act 2021 An Act to control activities involving radiation sources and to provide for the protection of people and the environment from the effects of radiation, to make related amendments to the Environment Protection Act 1993, to repeal the Radiation Protection and Control Act 1982, and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Interaction with other Acts and laws Part 2—Objects and principles 5 Objects of Act 6 Radiation protection principle 7 Principles of ecologically sustainable development Part 3—Administration Division 1—Radiation Protection Committee 8 Radiation Protection Committee 9 Terms and conditions of office 10 Functions 11 Validity of acts 12 Proceedings 13 Sub‑committees 14 Application of Public Sector (Honesty and Accountability) Act 15 Provision of services Division 2—Miscellaneous 16 Delegation 17 Annual report Part 4—Radiation protection and control Division 1—Activities requiring radiation management licence 18 Testing for developmental purposes 19 Mining or mineral processing 20 Construction, establishment, control etc of radiation facility 21 Transport of radioactive material 22 Possession of radiation source Division 2—Activities requiring radiation use licence 23 Use or handling of radioactive material 24 Operation of radiation apparatus Division 3—Premises and radiation apparatus and sources requiring registration 25 Premises in which unsealed radioactive materials are handled or kept 26 Sealed radioactive sources 27 Radiation apparatus Division 4—Prohibited activities 28 Operations for enrichment or conversion of uranium 29 Abandonment of radiation sources Division 5—Accreditation of third party service providers 30 Accreditation process 31 Authority conferred by accreditation 32 Reliance on professional advice 33 Offences Division 6—General provisions relating to accreditations and authorisations 34 Application for accreditation or authorisation 35 Annual fee 36 Conditions of accreditation or authorisation 37 Minister may require financial assurance to secure compliance with conditions of authorisation 38 Duration of accreditation or authorisation and renewal 39 Issue of single authorisation 40 Transfer of authorisations 41 Surrender of accreditations and authorisations 42 Suspension and cancellation of accreditations and authorisations 43 Review of decisions 44 Obligation of holders of accreditations and authorisations to notify Minister of certain matters 45 Death, bankruptcy etc of holder of authorisation Division 7—Miscellaneous 46 Power to deal with dangerous situations 47 Power to protect security enhanced radioactive sources and high risk radioactive sources and material 48 Emergency authorisations 49 Limits of exposure to ionising radiation not to be more stringent than limits fixed under certain codes etc Part 5—General offences 50 Causing serious radiation harm 51 Causing radiation harm 52 Alternative finding Part 6—General duty of care 53 General duty of care Part 7—Enforcement Division 1—Civil remedies Subdivision 1—Orders made by Minister 54 Radiation protection orders 55 Radiation protection cessation orders 56 Action on non‑compliance with radiation protection order 57 Reparation orders 58 Action on non‑compliance with reparation order 59 Variation or revocation of orders 60 Offences 61 Reparation authorisations 62 Related matter 63 Registration of orders or authorisations by Registrar‑General 64 Effect of charge Subdivision 2—Orders made by ERD Court 65 Orders made by ERD Court Division 2—Civil penalties 66 Civil penalties Division 3—Authorised officers 67 Appointment of authorised officers 68 Identity cards 69 Powers of authorised officers 70 Provisions relating to warrants 71 Provisions relating to seizure 72 Offences against authorised officers and other persons engaged in administration of Act Division 4—Power to require or obtain information 73 Information discovery orders 74 Obtaining of information on non‑compliance with order or condition of accreditation or authorisation Division 5—Miscellaneous 75 Recovery of economic benefit Part 8—Miscellaneous 76 Exemptions 77 Register of accreditations, authorisations, exemptions and permits 78 Adoption of documents forming part of National Directory 79 Confidentiality 80 Offences and ERD Court 81 Constitution of ERD Court 82 Commencement of proceedings 83 Offences by officers of bodies corporate 84 Vicarious liability 85 Continuing offences 86 General defence 87 Notice of defence 88 Imputation of conduct or state of mind of officer, employee etc 89 Statutory declarations 90 False or misleading statement 91 False or misleading report 92 Self-incrimination 93 Evidentiary provisions 94 Service 95 Recovery of fees and other amounts due to Minister 96 Recovery of administrative and technical costs associated with contraventions 97 Assessment of reasonable costs and expenses 98 Regulations and fees notices 99 Review of Act Schedule 1—Application of this Act to Roxby Downs Joint Venturers Schedule 2—Related amendments, repeals and transitional provisions Part 1—Preliminary 1 Amendment provisions Part 2—Amendment of Environment Protection Act 1993 2 Substitution of section 91 91 Self-incrimination Part 3—Repeal of Radiation Protection and Control Act 1982 3 Repeal of Act Part 4—Transitional provisions 4 Radiation Protection Committee 5 Authorised officers 6 Certain licences to continue as radiation management licences 7 Certain licences to continue as radiation use licences 8 Registrations to continue 9 Accreditations to continue 10 Directions relating to dangerous situations to continue 11 Exemptions to continue Legislative history