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9 1991

RADIOLOGICAL PROTECTION ACT, 1991

PART III

Control and Protection of Radioactive Substances, etc.

Competent authority.

27. —(1) The Institute shall be—

(a) the competent authority responsible for issuing and receiving the notification and other information pursuant to the Notification Convention or other relevant international instrument;

(b) subject to subsection (2) of this section, the competent authority authorised to make and receive requests for and to make offers of assistance pursuant to the Assistance Convention or other relevant international instrument; and

(c) the central authority having responsibility for physical protection of nuclear material and for co-ordinating recovery and response operations in the event of any unauthorised removal, use or alteration of nuclear material.

(2) The Institute shall not make any request for or make offers of assistance pursuant to the Assistance Convention or other relevant international instrument save with the consent of the Minister.

Appointment of inspectors.

28. —(1) The Institute may appoint inspectors for the purposes of this Act and orders or regulations made thereunder with the exception of sections 32 and 33 of this Act and may revoke any such appointment.

(2) The Minister for Agriculture and Food, after consultation with the Institute, may appoint inspectors for the purposes of sections 32 (1) (a) or (b), 32 (2) and 33 (1) or (2) of this Act and may revoke any such appointment.

(3) The Minister for the Marine, after consultation with the Institute, may appoint inspectors for the purposes of sections 32 (1) (c) or (d), 32 (2) and 33 (3) of this Act and may revoke any such appointment.

(4) The Minister for Finance, after consultation with the Institute, may appoint inspectors for the purposes of sections 32 (1) (e) and 33 (4) of this Act and may revoke any such appointment.

(5) The Minister for Health, after consultation with the Institute, may appoint inspectors for the purposes of section 32 (1) (f) of this Act and may revoke any such appointment.

(6) An inspector shall be furnished with a certificate of his appointment and when exercising the powers conferred on him by or under this Act shall, if so required, produce the certificate to any person concerned.

Powers of inspectors.

29. —(1) An inspector shall for the purposes of the execution of this Act and any order or regulations made thereunder have power—

(a) to inspect and examine any radioactive substances, nuclear devices, irradiating apparatus or any substances, materials or objects containing or consisting of, or suspected of containing or consisting of, radioactive substances, nuclear devices or irradiating apparatus and carry out any other such examination as may be necessary to ascertain whether the provisions of this Act and orders or regulations made thereunder are complied with,

(b) to require the person who carries on any activities relating to such substances, devices, apparatus, materials or objects and any person employed in connection therewith to produce to the inspector any books, documents or records relating to such activities which are in that person's power or control and to give to the inspector such information as he may reasonably require in regard to any entries in such books, documents and records,

(c) to inspect and copy or take extracts from any such books, documents or records,

(d) to require a person mentioned in paragraph (b) of this subsection to give to the inspector any information which he may reasonably require to ascertain whether the provisions of this Act or any orders or regulations thereunder have been complied with,

(e) to take samples of or from any animals, poultry, eggs, crops, carcases, feeding stuffs, fish, seaweed, water or other food or any substance or material or object for the purposes of determining whether it contains or consists of a radioactive substance, nuclear device or irradiating apparatus,

(f) to examine any animal, poultry, fish or seaweed and make such tests as he considers appropriate,

(g) to capture any fauna or to take and kill any fauna for the purposes of determining whether it contains a radioactive substance or whether it is affected by levels of activity which exceed the specified levels, and

(h) to examine such fauna or sample taken therefrom and make such tests as he considers appropriate.

(2) Where an inspector is of the opinion that there is or there may be a danger to any individual, land, building or other property arising from any radioactive substance, nuclear device or irradiating apparatus or arising from levels of activity or ionising radiation in excess of specified levels, in addition to the powers set out in subsection (1) of this section, the inspector shall have power to—

(a) take control of the custody and use of a radioactive substance, nuclear device or irradiating apparatus;

(b) seize and detain any such substance, device or apparatus;

(c) undertake or arrange the safe disposal of such substance, device or apparatus;

(d) seize and detain any animals, fauna, poultry, eggs, crops,carcases, feeding stuffs, dung, litter, fish, seaweed, bottled water or any food; and

(e) make any place, building, material or other object free from contamination by ionising radiation or radioactive substances.

(3) In pursuance of the powers set out in subsection (1) or (2) of this section, an inspector shall have power—

(a) to enter at all times, by day and by night, and bring with him such equipment and persons as may be appropriate in the circumstances, any building, land or other place, aircraft, marine vessel, lorry or other vehicle;

(b) to take with him a member of the Garda Síochána if he has reasonable grounds to apprehend any obstruction in the execution of his duties;

(c) by direction, to order persons to evacuate any land, building or other premises; and

(d) by direction, to order persons to perform or refrain from performing any act if, in his opinion, the performance of such act (as the case may be) is necessary in order to prevent or alleviate the escalation of the danger.

(4) No one shall be required by virtue of paragraph (d) of subsection (1) of this section to answer any question or to give any evidence tending to criminate himself.

(5) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the request of an inspector in pursuance of this section or to produce any books, documents or records which he is required by or in pursuance of this Act to produce, or wilfully withholds any information which the inspector may reasonably require to ascertain whether the provisions of this Act or orders or regulations made under this Act are complied with or prevents an inspector from exercising his powers under paragraph (e) of subsection (1) of this section or subsection (2) of this section that person shall be deemed to obstruct an inspector in the execution of his duties under this Act.

(6) Where an inspector is obstructed in the execution of his powers or duties under this Act—

(a) the person in charge of the activities being carried out at the building, land or other place, or in the aircraft, marine vessel, lorry or other vehicle, and, if the person obstructing the inspector is not the person in charge, the person obstructing the inspector shall be guilty also of an offence under this section, and

(b) in any other case, a person obstructing the inspector shall be guilty of an offence under this section.

(7) A person who does not comply with a requirement made or a direction given by an inspector under this section shall be guilty of an offence.

(8) It shall be an offence for a person falsely to pretend to be an inspector.

(9) Save in the case of a radiological emergency, an inspector shall consult with the Minister for Finance before exercising any powers conferred on him by paragraphs (g) and (h) of subsection (1) or paragraph (d) as it applies to fauna of subsection (2) of this section.

Control of radioactive substances, etc.

30. —(1) The Minister may, after consultation with the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Health, Education, Foreign Affairs, the Environment, Tourism and Transport, the Marine, Communications and Defence and the Institute, by order regulate, restrict or prohibit (save under licence issued by the Institute) the custody, production, processing, handling, holding, storage, use, manufacture, importation, distribution, transportation, exportation or other disposal of such radioactive substances, nuclear devices, or irradiating apparatus, as may be specified in the order, and any such order may have regard to varying levels of activity or ionising radiation and to the extent to which such substances, devices or apparatus are or may be, in his opinion, a danger to the life or health of any person.

(2) For the purpose of giving effect to existing and future acts adopted by the Institutions of the European Communities relating to the health protection of the general public and workers against the dangers of ionising radiation the Minister after consultation with the Ministers referred to in subsection (1) of this section and the Institute, may make an order under this section.

(3) An order made under subsection (2) of this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order.

(4) A licence granted under this section shall be subject to such conditions as the Institute may attach to it, including a condition that the licence may be revoked if the Institute is of the opinion that any such condition has not been observed.

(5) A licence granted under this section by the Institute may be amended or revoked by the Institute.

(6) A person whose licence has been amended or revoked may apply to the High Court for a declaration and the High Court, having heard the evidence adduced, may at its discretion declare that the exigencies of the common good do not require the amendment or revocation of the licence and upon the making of such a declaration the Institute shall re-issue the licence.

(7) The Minister may, with the consent of the Minister for Finance, prescribe by regulations a fee which the Institute may charge in respect of the issue of a licence under this section.

(8) The Minister may, after consultation with the Ministers referred to in subsection (1) of this section and the Institute, by order amend or revoke an order under this section.

Regulations concerning levels of activity.

31. —(1) For the purpose of protecting individuals from radiological hazards, the Minister, after consultation with the Ministers for Agriculture and Food, Finance, the Environment, Health and the Marine and the Institute, may prescribe by regulations levels of activity (in this Act referred to as “prescribed levels”) in respect of animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, fish, seaweed, bottled water or water supplies intended for human consumption or any food.

(2) Where regulations have been made under this section, or by the Council or Commission of the European Communities—

(a) food which contains a level of activity in excess of specified levels shall be deemed to be unfit for human consumption and the provisions of the Health Act, 1947 , shall apply accordingly,

(b) without prejudice to the generality of the foregoing, milk which contains a level of activity in excess of specified levels shall be deemed to be milk not of the nature, substance and quality demanded by the purchaser for the purpose of the Sale of Food and Drugs Acts, 1875 to 1936, and

(c) any water supply (whether public or private) intended for human consumption which contains a level of activity in excess of specified levels shall be deemed to be unfit for human consumption and the Minister for the Environment, after consultation with the Minister and the Institute, shall give such directions as he considers necessary to the sanitary authority in whose sanitary district the water supply is located on measures to be taken in relation to the water supply, including measures for the protection and information of users of the water supply and the issuing of warning notices that the water therefrom is unfit for human consumption, and the sanitary authority shall comply with any such direction.

Regulations and orders to be made by certain Ministers.

32. —(1) For the purpose of protecting individuals from levels of activity in food in circumstances where specified levels of activity have been or are likely to be exceeded—

(a) the Minister for Agriculture and Food, after consultation with the Minister, the Minister for Health, the Minister for Finance and the Institute, may make regulations designating an area (in this section referred to as a “designated area”) to be an area in which specified levels of activity have been exceeded or are likely to be exceeded and regulating in that area agricultural activities including harvesting, slaughtering, animal feeding and related activities including production and processing of food and, without prejudice to the generality of the aforesaid, regulating—

(i) the movement of any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, litter, dung or any food within, into or out of a designated area,

(ii) the sale of any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, litter, dung or any food originating in a designated area, or

(iii) the production, movement or sale of bottled water;

(b) the Minister for Agriculture and Food, after consultation with the Minister, the Minister for Finance, the Minister for Health and the Institute, may make regulations regulating—

(i) the harvesting of crops,

(ii) the slaughter of animals, fauna or poultry,

(iii) the feeding to any animals, fauna or poultry of any feeding stuff—

(I) that was grown, prepared or processed in a designated area or in contravention of a regulation made under this section, or

(II) that was taken from a designated area after a time specified in a regulation made under this section,

(iv) the sale in the State, the importation into the State or the exportation from the State of any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, bottled water, food, litter or dung, or

(v) generally any matter, in relation to animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, dung, litter, food, bottled water, the production or processing of food or the production of bottled water as he may think expedient for the protection of individuals;

(c) the Minister for the Marine, after consultation with the Minister, the Minister for Health and the Institute, may make regulations designating an area (in this section referred to as a “specified area”) to be an area in which specified levels of activity have been exceeded or may be exceeded and regulating in that area fishing and aquaculture activities, the preparation, treatment and marketing of fish and fishery products and seaweed harvesting and, without prejudice to the generality of the aforesaid, regulating—

(i) the taking of fish, the fishing for fish or the movement of fish or seaweed within, into or out of a specified area,

(ii) the landing of fish which were taken from waters in a specified area, or

(iii) the sale of fish, fishery products or seaweed taken from a specified area;

(d) the Minister for the Marine, after consultation with the Minister, the Minister for Health and the Institute, may make regulations regulating—

(i) the taking of fish or the fishing for fish,

(ii) the harvesting of seaweed,

(iii) the sale in the State, the importation into the State or the exportation from the State of fish, fishery products or seaweed,

(iv) the preparation, treatment, processing and marketing of fish and fishery products whether or not such fish or fishery products are intended for human consumption, or

(v) generally any matter in relation to fish, seaweed or aquaculture activities as he may think expedient for the protection of individuals;

(e) the Minister for Finance, after consultation with the Minister, the Minister for Health, the Minister for Agriculture and Food and the Institute, may make regulations regulating—

(i) the taking of fauna or the hunting for fauna,

(ii) the sale of any fauna,

(iii) generally any matter in relation to fauna as he may think expedient for the protection of individuals; and

(f) the Minister for Health, after consultation with the Minister, the Minister for Agriculture and Food and the Institute, may make regulations regulating the importation into or the exportation from the State of any food.

(2) Where there is or there is likely to be a radiological emergency—

(a) the Minister for Agriculture and Food, after consultation with the Minister and the Institute, may make an order acquiring compulsorily any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, bottled water or any food, and

(b) the Minister for the Marine, after consultation with the Minister and the Institute, may make an order acquiring compulsorily any fish, seaweed or fishery products.

Slaughter of animals, etc., destruction of crops, etc. and disposal of eggs, fish, etc.

33. —(1) The Minister for Agriculture and Food may cause to be slaughtered any animals, fauna or poultry affected by levels of activity which exceed the specified levels and may cause the carcases of the said animals, fauna or poultry to be disposed of as he thinks fit.

(2) The Minister for Agriculture and Food may cause to be destroyed any eggs, crops, carcases, feeding stuffs, bottled water or other food affected by levels of activity which exceed the specified levels and may cause the ashes or other remains of the eggs, crops, carcases, feeding stuffs, bottled water or food so destroyed to be disposed of as he thinks fit.

(3) The Minister for the Marine may cause to be destroyed any fish, fishery products or seaweed affected by levels of activity which exceed the specified levels and may cause such destroyed fish, fishery products or seaweed to be disposed of as he thinks fit.

(4) The Minister for Finance may cause to be destroyed any fauna affected by levels of activity which exceed the specified levels and may cause such fauna so destroyed to be disposed of as he thinks fit.

Notification of accidents, etc.

34. —(1) Where there has been the theft of, or the threat of theft of, or an accident or loss involving any radioactive substance, nuclear device or irradiating apparatus held, used, manufactured, imported, distributed, transported or exported under a licence issued under this Act, the licensee shall—

(a) send forthwith notice of the said theft or threat of theft, accident or loss to the Institute and as soon as practicable thereafter send written notice to the Institute giving particulars of the said theft, threat of theft, accident or loss, and

(b) provide the Institute with such information on the said theft, threat of theft, accident or loss as the Institute may require in order to take appropriate action.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.