Radiation Safety and Security Act, 2014 (No. 17 of 2014)

504 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 505 Interpretation 2. In thisAct- "import" means the physical transfer of nuclear material and related equipment, information and "atomic energy" means any type of energy emitted technology, into Seychelles, originating from an from radio isotopes, nuclear reactions, X-ray exporting State; equipment or other radiation generators emitting ionizing radiation; "inspector" means a person appointed as such under section 16(2); "Competent Authority" means the Competent Authority referred to in section 4( 1); "ionizing radiation" means gamma rays, X-rays or corpuscular radiations which are capable of "exclusive economic zone" has the same meaning producing ions directly or indirectly; as in section 9 ofthe Maritime Zones Act, 1999; "licence" means an authorisation granted by the "exemption" means a determination by the Competent Authority on the basis of an assessment Competent Authority that a practice is considered to of safety and security and accompanied by specific pose a sufficiently low radiation risk as to require no requirements and conditions to be complied with regulatory control; by the licensee or the applicant for a licence; "export" means the physical transfer of nuclear "licensee" means the holder of a current licence material and related equipment, information and granted for a practice, who has recognised rights technology, originating from Seychelles, into an and duties for the practice particularly in relation to importing State; the safety and security; "facility" means a reactor, a critical facility, a "Minister" means the Minister responsible for conversion plant, a fabrication plant, a reprocessing employment; plant, an isotope separation plant or a separate storage installation; or any location where nuclear "nuclear material" means any source or any special material in amounts greater than one effective fissionable material as defined in the relevant kilogram is customarily used; Safeguards Agreements entered into between Seychelles and the International Atomic Energy "fundamental principles" means the principles of Agency, but does not include the application of justification of practices, optimisation of exposures source material to ore or ore residue; and dose limitation defined by the international safety standards; "practice" means any human activity that introduces additional sources of exposure or "International Atomic Energy Agency" means the extends exposure to persons from an existing Agency established under its Statutes made at the source so as to increase the exposure or the th Headquarters of the United Nations, on 26 day of likelihood of exposure of persons or the number of October, 1956; persons exposed;

506 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 507 "protection and safety" means the protection of (a) permanently sealed in a capsule; or persons against exposure to ionizing radiation or radioactive substances and the safety of radiation (b) closely bounded and in a solid form, sources, including the means of achieving such protection and safety, such as the various in a manner which is strong enough to maintain procedures and devices for keeping person's doses leak tightness under the conditions of use and and risks as low as can be reasonably achieved and where for which the source was designed, also below dose constraints prescribed by the Competent under foreseeable mishaps; Authority, as well as the means of preventing accidents and for mitigating the consequences of "security" means the prevention and detection of, accidents; and response to theft, sabotage, unauthorised access, illegal transfer or other malicious acts "radiation generator" means a device capable of involving nuclear or other radioactive material, generating radiation, such as X-rays, neutrons, related equipment and associated facilities; electrons or other charged particles which may be used for scientific, educational, industrial or "source" means anything that may cause radiation medical purposes; exposure such as by emitting ionizing radiation or releasing radioactive substances or materials. "radioactive material" means any material emitting . ionizing radiation above the exemption level that "Safeguards Agreement" means the Agreement may cause a risk of disability or disease as a result of between the Republic of Seychelles and the exposure; International Atomic Energy Agency for the application of safeguards in connection with the "radioactive waste" means material in whatever Treaty on the Non-Proliferation of Nuclear physical form, remaining from practices or Weapons, entered into force on 19 July, 2004 as interventions for which no further use is foreseen- amended on 31 October 2006, and the Protocol Additional thereto entered into force on 13 October (a) that contains or is contaminated with 2004. radioactive substances and has an activity or activity concentration higher than the level 3.( 1) This Act shall apply to all practices involving the Application for clearance from regulatory requirements; peaceful use of nuclear material and ionizing radiation of the Act and conducted in the territory or exclusive economic zone of Seychelles including, not limited to production, possession, (b) exposure to which is not excluded under use, import, export, transport, transfer, handling and applicable regulations; management or any other practices id,entified by the Competent Authority. "sealed source" means any radioactive material that IS- (2) ThisActshallnotapplyto-

508 Supplement to Official Gazette [l3th October 2014] [13th October 2014] Supplement to Official Gazette 509 (a) practices involving exposures that have been excluded from regulatory control through (g) take enforcement measures in the event of regulations established by the Competent non-compliance or violation of this Act or Authority; and the requirements oflicence; (b) the regulation of sources of non-ionizing (h) lay down conditions to be met by the person radiation. before grant of a licence under this Act; PART II - COMPETENT AUTHORITY (i) fix fees or charges for licences or inspections; Competent 4.(1) The Minister responsible for employment shall be Authority obtain the advice of experts when necessary the Competent Authority for the purposes ofthis Act. (j) to assist in the performance of its functions; (2) The Competent Authority shall perform the following functions, namely- (k) define the exposures of persons to ionizing radiation which are excluded from the (a) develop the national policies and measures application of this Act; for the regulatory control of practices of peaceful use of nuclear material and ionizing (I) establish and maintain a national register of radiation; radiation sources and licensees and to protect information contained in the national (b) frame and issue necessary guidelines for the register; effective implementation of this Act; (m) cooperate with the International Atomic (c) establish standards for the protection of Energy Agency in the application of public health, safety, security and the safeguards; environment from potential adverse effects of ionizing radiation in accordance with the (n) establish and maintain a system of fundamental principles of radiation accounting for control of nuclear material,' protection and nuclear security; and a record keeping and reporting system for the licence for nuclear material; (d) issue, amend, suspend or revoke licence for practices involving nuclear material and (0) establish and implement, in cooperation with ionizing radiation; other Government departments, a system of control for the export and import of nuclear (e) advise the practices exempt from regulatory and other radioactive materials, sources, control and clearance levels; equipment, information and technology (f) inspect and assess the practices for the necessary to protect the safety and security of purpose of compliance with this Act; nuclear material, and to implement international commitments;

510 Supplement to Official Gazette [13th October 2014] Supplement to Official Gazette 511 [13th October 2014] (P) cooperate with the Ministry responsible for (3) A person shall not be appointed under subsection security to implement regulatory measures (1) if- for the security of radioactive materials, related equipment and associated facilities, (a) the person is a licensee; including measures of physical protection (b) the person's relative is a licensee; or and to detect, prevent and respond to unauthorised acts involving such materials, (c) any person referred to in paragraph (a) or (b) equipment or facilities; has a financial interest in a body corporate or other organisation which is a licensee. (q) cooperate with Government departments or organisations to establish and maintain a (4) The Competent Authority may establish an national emergency response plan for advisory committee or utilise the services of consultants preparedness and response to emergencies necessary to advise the Competent Authority in the involving nuclear or other radioactive performance of its functions under this Act. materials; (5) The Minister shall, on such terms and conditions ~s (r) exchange information when necessary and it may deem fit, employ such persons as may be necessary.In cooperate with international regulatory the performance of the functions of the Competent Authonty authorities and international organisations on matters arising from the exercise of its under this Act. functions; (6) The persons employed under subsection (5) shall (s) educate and inform the public and other be under the administrative and supervisory control of the stake-holders about the safety and security Director of Radiation Safety. aspects of regulated activities and practices, including incidents, accidents and abnormal PART III - LICENCE FOR PRACTICE occurrences; 6. A person shall not engage in a practice, including Prohibition of , practice (t) perform such other functions necessary for the management of radioactive waste, unless he or she obtains the protection of the public health, safety, a licence from the Competent Authority, or the practice has security and the environment. been exempted from regulatory control. Director of 5.(1) There shall be a Director of Radiation Safety, to be 7. A person who intends to engage in a practice shall Application Radiation for engaging Safety and appointed by the Minister, to assist and advise the Competent submit an application to the Competent Authority of his or her in practice other officers Authority in the discharge of its functions under this Act. intention in the form, manner and within the time prescribed by and employees the regulations. (2) A person shall not be eligible for appointment under subsection (I) unless the person possesses qualification, 8. A person shall not be eligible to make an Requirements knowledge and experience in the field of atomic energy and for licence application under subsection (7) unless he or she fulfils the related fields. following conditions, namely-

512 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 513 (a) possesses an adequate understanding of the fundamental principles of radiation safety not modify the conduct of any authorised and security; practice in a manner that could .affe~t the protection of workers or the pubhc wIthout (b) takes all steps necessary for the protection seeking the approval of the Competent and safety of workers and the public by Authority; keeping doses below the relevant threshold, and to ensure that all reasonable steps are (k) provides, upon request or pursu~nt to the taken to minimise adverse effects in the requirements in the regulatlOns, all environment; information considered necessary by the Competent Authority; and (c) has the capacity to plan and implement the technical and organisational measures (1) designates a person resp~nsible for necessary to ensure adequate safety, including accounting for and controllm~ nuclear effective defences against radiological material and providing informatIOn to the hazards; Competent Authority as required in the Safeguards Agreement. (d) prepares an appropriate emergency plan; 9.(1) The CompetentAuthorit~ shall examine and ass~ss Grant of licence (e) ensures compliance with the dose limits the application received under sectIOn 7 and m~y, on bemg established by the Competent Authority and satisfied that all the conditions are met, grant a h~ence to the monitor the radiation exposure ofworkers; applicant for a period specified in the l~cence, WhI~h shall be subject to such conditions as it may consIder appropnate. (f) possesses adequate human and financial resources to conduct the practice in a manner (2) When an application received under section 7 is that ensures safety and security; refused, the Competent Authority shall record. the reason thereof and inform the reasons of refusal to the apphcant. (g) makes all necessary contractual arrangements for the return of the radioactive source, at the (3) The Competent Auth?rity s~all establish t~e end of its useful life, to the supplier, its procedures for making the appl.icatIOn f?r hcence to engage m successor, and the exporting country; a practice and disseminate the mformatIon on the procedures, including- (h) makes adequate financial arrangements for (a) practices requiring a licence; waste disposal and decommissioning; (b) procedures and requirem!!nts ~or application, (i) provides access to inspectors of the its consideration and grant ofhcence; Competent Authority to all locations necessary for the performance of their duties; (c) criteria to be considered for grant of a licence;

514 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 515 (d) conditions or qualifications to be met by the 11. Anew licence shall be required in the case of- New license for certain applicant for a licence; activities (a) the proposed use is different or there is (e) procedures and requirements for public significant modification to the premises, participation in the licensing process; and facility, nuclear material or sources; (f) information on any fees required for (b) the proposed use is for different nuclear licences. material, radioactive materials or larger quantities of materials; (4) The Competent Authority may suspend, modify or (c) a change taking place at the site of the revoke a licence if the conditions are not met. premises or their surroundings which is likely to affect radiation protection (5) A licence shall not be transferable. requirements; and (6) A licence may be surrendered by the holder by (d) upon the death of a licensee. giving notice to the Competent Authority, subject to the decision of the Competent Authority as to whether the 12. (I) The Competent Authority may, on written request Variation surrender of the licence shall not jeopardise the public health, of the licensee, vary or modify the conditions of the licence, suspension and revocation safety, security and protection ofthe environment. subject to such conditions as it may consider appropriate. of licence Renewal 10.( 1) Any licensee who wishes to renew the licence shall (2) Subject to subsections (4), (6) and (7), the oflicence make an application to the Competent Authority in such form Competent Authority may suspend or revoke a licence where it and within such period prescribed by regulations. is satisfied that- (2) On receipt of an application under subsection (1), (a) the licensee has contravened this Act or any the Competent Authority may require the applicant to regulations made thereunder, or acted in furnish- breach ofa condition of the licence; (a) any additional information that it considers (b) the licensee has ceased to operate under the relevant; and licence; (b) statement on compliance with the (c) the licensee has furnished to the Competent requirements of section 8. Authority an information which is false or misleading; or (3) The Competent Authority may, in case of renewal of the licence, impose such conditions that it may consider (d) it is in the public interest t? do so. appropriate. (3) Subject to subsections (4), (6) and (7), the (4) A licence shall not be renewed unless the applicant Competent Authority may, on its own motion, vary the terms pays the prescribed fee.

516 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 517 and conditions of a licence for the reasons specified in the subsection (2). the Minister, by a written memorandum of appeal together with the grounds of appeal, within 14 days from the date of the (4) The Competent Authority, before. taking a decision decision. to vary the condition of, or revoke, a licence under this section, shall- (2) The Minister shall, on receipt of a notice of appeal under subsection (1), appoint an Appeals Committee to (a) give a written notice to the licensee consider and decide the appeal. specifying the reasons thereof; and (3) The Appeals Committee shall consist of- (b) require the licensee to furnish the reply within the time specified in the notice. (a) a chairperson who shall be a legal practitioner with at least 3 years' experience; (5) The Competent Authority shall, after considering and the reply of the licensee, inform the licensee in writing of its decision and specify the reasons thereof. (b) two other members with at least 3 years experience in the field of radiation safety and (6) Where the urgency of the matter so requires, the security. Competent Authority may forthwith suspend a licence on any ground specified in subsection (2). (4) A person shall not be eligible to be appointed to the Appeals Committee ifthe person- . (7) A suspension of a licence effected pursuant to subsection (2) or (6) shall, unless revoked, come to an end on (a) is a licensee; or the expiry of30 days from the date ofthe suspension. (b) has a direct or indirect interest in a matter to (8) Where the licence is suspended or revoked- be considered by the Appeals Committee. (a) the licensee shall take such steps as may be directed by the Competent Authority; and (5) The chairperson and the members of the Appeals ' Committee shall be paid such fees as the Minister may (b) the Director of the Radiation Safety may determine. cause seals to be affixed, at the licensee's premises or site, facility, plant, installations or (6) The Appeals Committee may regulate its own apparatus using nuclear material, ionizing proceedings. radiation and radioactive material for which the licence was issued. (7) The Appeals Committee may after considering the appeal- Appeal 13.( 1) Any person aggrieved by a decision of the Competent Authority under section 10, 11 or 12, may appeal to (a) reject the appeal and confirm the decision of the Competent Authority;

518 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 519 (b) allow the appeal in whole or in part and vary (e) ensure that occupationally exposed the decision ofthe Competent Authority; employees are given proper instructions on radiation safety measures and undergo a (c) set aside the decision of the Competent medical test prescribed by regulations; Authority and make a decision in substitution for it; or (0 report to the Competent Authority, any incident which happens, within 24 hours of (d) direct the Competent Authority to reconsider its occurrence; and its decision, (g) report to the Competent Authority any loss, and the appellant shall be notified in writing of the decision of theft or diversion for unauthorised purposes the Appeals Committee on the appeal. of any nuclear material, radioactive material, radioactive substance, radioactive waste or a PART IV - RESPONSIBILITIES OF LICENSEES radiation emitting equipment, within 24 Responsibilities 14.( 1) The responsibility for the safety and security of hours after that fact came to the licensees' radiation sources and nuclear materials rests with the licensee, knowledge. who may seek advice from the Competent Authority. (3) A licensee shall provide all assistance required by (2) A·licensee shall- the Director of the Radiation Safety or an inspector for (a) be responsible for ensuring that exposure to inspection, examination, inquiry, the taking of samples or ionizing radiation resulting directly from the otherwise for the discharge of their functions under this Act. licensee's activity is kept as low as reasonably achievable; 15.( 1) Subject to subsection (2), where a licensee dies, the Death of licence shall terminate and any practice or authorised activity licensee (b) appoint a person experienced in radiation governed by the licensee shall cease. health and safety measures as radiation safety officer who shall also be responsible for accounting for and control of nuclear (2) Where, after the notification of the death of a material; licensee, a person acceptable to the Competent Authority agrees to take over the licence and continue the practice, the (c) take all reasonable steps to ensure that every licence shall remain valid for a period of three months after the person under the licensee's supervision or death of the licensee and the person shall assume all the duties control complies with requirements of this and responsibilities of a licensee under this Act. Act; (3) The person who has agreed to take over the licence (d) ensure that all occupationally exposed under subsection (2) shall within the period specified in that employees are subject to individual and subsection, apply to the Competent Authority for grant of a collective monitoring for dose assessment; regular licence under this Act.

520 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 521 PART V - INSPECTION involving nuclear material or radiation sources; or Inspection 16.(1) The Competent Authority shall establish an programs (iv) question any person whose duties may inspection program to monitor and ensure the compliance with this Act. be pertinent to the enquiry being conducted; (2) The Minister shall appoint such person as inspectors, who possess the qualifications and experience (b) require the production of the licence for the prescribed by regulations. use or import, as the case may be, of any nuclear material, radioactive material, or (3) The Competent Authority shall establish such source of ionizing radiation; training programs necessary for the inspectors and ensure that every inspector undergoes the training to achieve the desired (c) require a licensee, by a written notice, to have level of competence for effective performance of functions of his or her employees who are or may be the inspectors. exposed to ionizing radiation to be monitored and medically examined; or (4) The results of inspections shall be made available to relevant officials and licensees for the purposes of taking (d) require any person, by a written notice, to be corrective and enforcement actions. medically examined and subject to individual monitoring. Powers of 17.( 1) An inspector may- inspectors (2) The inspector shall, whenever practicable, give (a) at any reasonable time, enter, inspect and reasonable notice of his or her intention to carry out an examine any facility, premises, vehicle, inspection under this Act, except in the case of an emergency. vessel, aircraft or any carriage in which they reasonably suspect, that radioactive material 18. The requirements laid down by the Competent Categorisation or any source of ionizing radiation is stored, Authority pursuant to Parts III and IV shall include the of radioactive material used, transported or disposed of with a view categorisation of radioactive materials that takes into account to- the potential hazard posed by types, quantities and activity (i) obtain information about the status of levels of such material. radiation safety and security of sources, accounting and control measures; PART VI-ENFORCEMENT (ii) ensure compliance with the provisions 19. The Competent Authority shall take measures to Information make available to the public the information concerning the to be made of this Act and applicable regulations available to and conditions ofthe licence; enforcement program, including relevant institutional public arrangements, procedures, sanctions, penalties and procedures (iii) investigate any incident or accident for appeals from the decisions ofthe Competent Authority. [13th October 2014] 520 [13th October 2014] Supplement to Official Gazette 523 • to be in non-compliance 'ler or the conditions of (b) order the holder of a licence to prohibit 11, in addition to the workers who do not meet applicable Inspection 16.( \) The programs "e the necessary requirements from engaging in the practice; riousness of the or (c) order that nuclear or radioactive material handled in violation of this Act be seized and .orcement safely and securely stored; <-compliance ,ures to prevent a (2) The decision of an inspector under subsection (1) shall continue in force unless- trai, ev ~ ~e of the prescribed safety (a) reversed or modified by the Competent \/ ulve significant hazard, the Authority; or .ssue a warning in writing and .dg which remedial action shall be (b) altered in an appeal. PART VII - IMPORT, EXPORT AND TRANSPORT JC of an immediate safety or security hazard to OF MATERIAL ..C environment, the Competent Authority shall 22.( 1) A person shall not import, export, re-export, transit No import, ~ licensee or to any person to curtail its activities until emport or PIH or transship nuclear materials, equipment and technology transit, etc., Aation has been corrected and the Competent Authority "' without a licence or authorisation from the Competent without .f suspend, revoke, or modify the terms ofthe licence. licence Authority. (5) In case of persistent or serious non-compliance with (2) The necessary measure of control, import, export, the Act, regulations made thereunder, the conditions of the re-export, transit and transshipment of nuclear materials, licence, or in case of a release of radioactive waste into the equipment and technology shall be prescribed for hy environment, the Competent Authority may revoke the licence, regulations. and require the licensee to remedy immediately any unsafe condition. (3) The review and approval of licence under this section shall be conducted in consultation with the Minister Enforcement 21.( 1) In any case where an inspector has determined that a responsible for importation and exportation. by inspectors practice is being conducted in violation of this Act, or the conditions of a licence, the inspector may- 23.( 1) The procedures for a licence to import, export and Import. export or transit of radioactive sources shall provide for an evaluation transit of (a) immediately order the temporary or of information to ensure that the recipient is authorised to radioactive source permanent suspension of the activity or receive the requested source and has the capacity to ensure its practice; safety and security.

522 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 523 Administrative 20.( 1) Where a licensee is found to be in non-compliance sanctions with this Act, regulations made thereunder or the conditions of (b) order the holder of a licence to prohibit the licence, the Competent Authority shall, in addition to the workers who do not meet applicable suspension or revocation of licence, take the necessary requirements from engaging in the practice; enforcement actions commensurate with the seriousness of the or non-compliance. (c) order that nuclear or radioactive material handled in violation of this Act be seized and (2) The licensee shall, subject to any enforcement safely and securely stored; action, take necessary measures to remedy the non-compliance as soon as possible, and to take necessary measures to prevent a (2) The decision of an inspector under subsection (1) recurrence. shall continue in force unless- (3) In case of non-compliance of the prescribed safety (a) reversed or modified by the Competent or security which does not involve significant hazard, the Authority; or Competent Authority shall issue a warning in writing and determine the period during which remedial action shall be (b) altered in an appeal. taken by the licensee. PART VII - IMPORT, EXPORT AND TRANSPORT (4) In case of an immediate safety or security hazard to OF MATERIAL persons or the environment, the Competent Authority shall 22.(1) A person shall not import, export, re-export, transit No import, require the licensee or to any person to curtail its activities u~til emport or or transship nuclear materials, equipment and technology the situation has been corrected and the Competent Authonty transit, etc., without a licence or authorisation from the Competent without may suspend, revoke, or modify the terms ofthe licence. licence Authority. (5) In case of persistent or serious non-compliance with (2) The necessary measure of control, import, export, the Act, regulations made thereunder, the conditions of the re-export, transit and transshipment of nuclear materials, licence or in case of a release of radioactive waste into the enviro~ment, the Competent Authority may revoke the licence, equipment and technology shall be prescribed for by regulations. and require the licensee to remedy immediately any unsafe condition. (3) The review and approval of licence under this section shall be conducted in consultation with the Minister Enforcement 21.( 1) In any case where an inspector has determined that a responsible for importation and exportation. by inspectors practice is being conducted in violation of this Act, or the conditions of a licence, the inspector may- 23.( 1) The procedures for a licence to import, export and Import. export or transit of radioactive sources shall provi<;le for an evaluation transit of (a) immediately order the temporary or of information to ensure that the recipient is authorised to radioactive permanent suspension of the activity or source receive the requested source and has the capacity to ensure its practice; safety and security. [13th October 2014] Supplement to OfJicial Gazette 525

524 Supplement to Official Gazette [13th October 2014] (2) A person shall not export any radioactive waste (2) The Competent Authority shall, for a request to generated within Seychelles without a licence issued by the export a source, satisfy itself that the recipient has, in so far as Competent Authority. practicable, the appropriate technical and administrative capability, resources and regulatory structure required for the (3) If the transshipment of the export of radioactive safe and secure management of the requested sources. w~ste ~nder this sect~on c~nnot be completed in conformity WIth thIS Act, the radIOactIve waste may be re-imported into Transport of 24.(1) A person shall not, without authorisation from the Seychelles unless alternative safe and secure arrangements are radioactive Competent Authority, transport any radioactive material, or made. material or radiation radiation source on- source (4) A licensee of a nuclear waste disposal facility shall (a) any vessel or boat within the territorial waters prepare .a plan for the closure of that facility which includes and exclusive economic zone of Seychelles; both actIVe and passive institutional controls and submit to the Competent Authority for approval prior to grant of licence for (b) any aircraft within the airspace of Seychelles; the operation of that facility. or (5) The Competent Authority shall, for ensuring the (c) any means ofland transport. safe and secure management of radioactive waste, establish- (2) The person engaged in the transportation of (a) the safety and security requirements and radioactive material shall be responsible for ensuring the safety regulations for the protection of people and and security during the transportation. the environment from adverse impacts of 25. The Competent Authority shall establish radioactive waste management activities; Requirements for transport requirements for the transportation of radioactive materials to, from or within the jurisdiction of Seychelles by taking into (b) the criteria and the procedure for grant of licence of radioactive waste management account, the- activities; (a) technical requirements of International Atomic Energy Agency Regulations for the (c) the procedure for inspection, documentation safe transport of radioactive materials; and and reporting for radioactive waste management activities, and in the case of (b) measures for the physical protection of disposal, a system of institutional control· radioactive material. and ' : ! I· PART VIII - MANAGEMENT OF RADIOACTIVE (d) a mechanism of enforcement to ensure I WASTE compliance with applicable regulations and the terms and conditions of the licence for Management 26. (1) Any radioactive waste generated outside Seychelles radioactive waste management activities. of radioactive shall not be imported into Seychelles for any purpose. waste

526 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 527 PART IX - OCCUPATIONAL EXPOSURE CONTROL (2) The Competent Authority shall determine the contents of the emergency plans taking into account the nature 27.( 1) A person shall not be engaged or required to work in of the practice and the related risks. Restriction on employment a practice involving nuclear material, radioactive material or 30.(1) A national emergency plan for responding to National plan ionizing radiation unless the person- for potential nuclear or radiological emergencies shall be radiological developed by the Minister responsible for disaster risk emergencies (a) is or above 18 years of age; management, in collaboration with the Competent Authority. (b) is found after medical examination to be free (2) The Minister responsible for disaster risk from any disease or weakness which could management shall ensure the implementation of the national make that person vulnerable to the health emergency plan in case of an emergency. hazards involved in the work he or she is so engaged in; and PART XI - SAFEGUARDS (c) undergoes medical surveillance at such 31.(1) The Competent Authority and the licensee shall Safeguards intervals as may be required by the cooperate with the International Atomic Energy Agency in the CompetentAuthority. implementation of safeguards by- (2) When a person, engaged in practice involving (a) promptly providing information required pursuant to the Safeguards Agreement; ionizing radiation, or any person who in the course of his or her work or otherwise exposed to ionizing radiation, shows signs (b) providing access to facilities and other or symptoms of disease or injury which may be attributed to locations as required by the Safeguards radiation, the employer of the person shall immediately make Agreement; and arrangements for the medical examination of that person. (c) cooperating with and facilitating the Dose limits 28. The Competent Authority shall establish dose limits inspectors of the International Atomic to persons occupationally exposed to ionizing radiation, which Energy Agency in the performance of their . shall not be exceeded in conducting practices under regulatory tasks. control. (2) A person performing any activity, subject to the PART X - EMERGENCY PREPARDENESS AND Safeguards Agreements, shall allow the International Atomic RESPONSE Energy Agency and its inspectors to carry out any measures w~ich the Agency considers necessary or expedient to comply Emergency 29.(1) A person shall not engage in a practice or operate a With the safeguards requirements. preparedness facility or possess or use nuclear material or a source unless an and response plan appropriate emergency preparedness and response plan has (3) The Competent Authority shall facilitate the been developed by the licensee and approved by the Competent inspectors of the International Atomic Energy Agency in Authority. securing any permission, including entry permit necessary to Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 529 528 enable the inspectors to travel to, from or within Seychelles for PART XII - SECURITY OF RADIOACTIVE SOURCES the performance of their functions and duties under the AND PHYSICAL PROTECTION Safeguards Agreement. 32. A person shall not provide any assistance to another No assistance person whether in or outside Seychelles to develop, acquire, to develop (4) The Competent Authority shall ensure the effective nuclear manufacture, possess, transport, transfer, use or threaten to use weapons implementation of the safeguards requirements in Seychelles nuc~ear weapons or explosive devices or radiological dispersal by establishing and implementing the safeguards requirements, deVIces. in accordance with the Safeguards Agreements-- (a) a system for the measurement of nuclear 33.( 1~ A ~icensee shall promptly report any loss of control Report of loss over radIOactIve sources, any other situation or incident that of control material; could pose a significant risk to the safety or security. (b) a system for the evaluation of measurement accuracy; (2) The Competent Authority shall coordinate the development of a national strategy with relevant Government ( c) procedures for revIewmg measurement departments for promptly gaining control over orphan sources. differences; . (3) The Competent Authority shall establish .(d) procedures for carrying out physical req~l1fe~ents for the physical protection of nuclear and other inventories losses; radIoactIve material, including-- (e) a system for evaluation of unmeasured (a) a categorisation of material based on an inventories; assessment of damage that could result from theft .or diversion of a certain type and (f) a system of records and reports for tracking quantIty of material from licensed uses or nuclear material inventories and flows; from sabotage of a facility in which nuclear material is produced, processed, used, (g) procedures for ensuring that accounting handled, stored or disposed of; procedures and arrangements are being operated correctly; and (b) protection measures necessary for different categories of material; (h) procedures for reporting to the International Atomic Energy Agency. (c) accounting and control measures for nuclear and other radioactive material·, (5) A person performing an activity which is subject to the Safeguards Agreement shall submit to the Competent Authority the information and data necessary for compliance (d) licensing requirements and procedures that with the Safeguards Agreement. include conditions for physical protection;

530 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 531 (e) inspection and monitoring measures to verify (a) "operator", in relation to a nuclear compliance with applicable physical installation, means the person designated or protection requirements; and recognised as the operator of that installation; (t) enforcement measures in case of non- (b) "nuclear damage" includes- compliance or violation of this Act or regulations made thereunder or any condition (i) loss oflife, any personal injury; ofthe licence. (ii) loss of or damage to property; Physical 34.(1) A licensee shall be responsible to ensure the security - protection and physical protection of nuclear and radioactive material. (iiI) economic loss arising from loss or damage referred to in subparagraph (i) (2) A licensee shall in the case of the threat of theft of or (ii), insofar as not included in those nuclear or other radioactive material- sub-paragraphs, if incurred by a person entitled to claim in respect of (a) notify the Competent Authority immediately such loss or damage; of the circumstances of the incident; (iv) the costs of measures of reinstatement (b) provide written information, including of impaired environment, unless such particulars, to the Competent Authority as impairment is insignificant, if such soon as practicable after providing notice; measures are actually taken or to be and taken; (c) provide any additional information as may be (v) loss of income deriving from an required by the Competent Authority. economic interest in any use or enjoyment of the environment, International 35. The Competent Authority shall provide information incurred as a result of a significant cooperation and assistance to the International Atomic Energy Agency on incidents impairment of that environment, -and involving theft or robbery of nuclear or radioactive materials, insofar as not included in equipments or technology, and provide cooperation or subparagraph (ii); assistance in the recovery of the stolen items. (vi) the costs of preventive measures, and Protection of 36. A person shall not disclose confidential further loss or damage caused by such confidential information, including any such information that is acquired on measures; infonnation the physical protection of nuclear material. (vii) any other loss, other than caused by the impairment of the environment, PART XIII - LIABILITY FOR NUCLEAR DAMAGE permitted by any written law relating Interpretation 37. For the purposes of this Part- to civil liability. for this Part

532 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 533 "nuclear incident" means any occurrence which 40. Where claims exceed or are likely to exceed the Priority for compensation have the same origin which causes nuclear damage amount made available for nuclear damage caused by a nuclear or, with respect to preventive measures, create a incident, priority shall be given to claims for loss of life or grave or imminent threat of causing such damage; personal injury, before awarding compensation for other nuclear damage. "special drawing right" means the unit of account defined by the International Monetary Fund and 41. The Supreme Court shall have jurisdiction over- Jurisdiction used by it for its own operations and transactions. (a) any claim for compensation for nuclear damage caused by a nuclear incident within the territory or the exclusive economic zone Liability for 38.(1) The operator shall be liable for nuclear damage, nuclear of Seychelles for compensation; damage caused by a vessel, aircraft or means of transportation in the territory or exclusive economic zone of Seychelles. (b) any offence committed within the territory of Seychelles or on board a registered ship or (2) The operator shall not be liable for nuclear damage aircraft or in the territorial water or exclusive that is proved- economic zone of Seychelles; (a) to be directly caused by an act of armed (c) any accused person who IS a national of conflict, hostilities or civil war; or Seychelles; or (d) any accused person who is present in the (b) to be caused by an act or omission of the territory of Seychelles and is not extradited to person claiming compensation, with intention any other country assertingjurisdiction. to cause damage. PART XIV - OFFENCES AND PENALTIES (3) The liability of the operator or carrier shall not be less than 300 million of special drawing rights for any nuclear 42.( 1) A person commits an offence, ifhe or she- Offences and incident. penalties (a) receives, possesses, uses, transfers, alters, Limitation for 39. The right to claim compensation for nuclear damage disposes of or disperses nuclear or other bringing claim radioactive material in a manner that causes shall be brought within- or is likely to cause death or serious bodily (a) 30 years from the date on which the nuclear injury to any person or substantial damage to incident occurred for personal injury or loss property or to the environment; or life; or (b) steals nuclear or other radioactive material; (b) 10 years from the date on which the nuclear (c) embezzles or fraudulently obtains nuclear or incident occurred for other nuclear damage. other radioactive material; 11

534 Supplement to Official Gazette [13th October 2014] [13th October 2014] Supplement to Official Gazette 535 (d) does any act constituting the carrying, (iJ the aim of furthering the activity or sending, or moving of nuclear or other purpose of the group, where such radioactive material into or out of Seychelles activity or purpose involves the without lawful authority; commission of an offence described in paragraphs (a) to (f); or (e) does any act constituting an unlawful demand for nuclear or other radioactive material by (iO the knowledge of the intention of the the threat or the use of force or by any other group to commit an offence described form of intimidation; in paragraphs (a) to (f). (f) threatens- (2) A person who commits an offence under subsection (1) shall, on conviction, be liable to a fine not (i) to use nuclear or other radioactive exceeding SCR 100,000 and to imprisonment for a term not material to cause death or serious exceeding 5 years. injury to persons or significant damage to property or to the environment or to 43. A person who- Obstruction commit an offence described in of paragraph (e), or inspectors (a) obstructs an inspector or officer in the (ii) to commit an offence described in performance of his or her functions or paragraphs (b) or (e) in order to compel discharge of duties under this Act; a natural or legal person, international organization or any governmental (b) makes a statement or gives any information body in Seychelles to do or to refrain under this Act which is false or misleading; from doing any act; (c) discloses any confidential information III (g) attempts to commit any offence described in contravention of section 35; or paragraphs (a) to (e); (d) contravenes any provision of this Act 'Or (h) participates in any offence described in regulations made thereunder for which no paragraphs (a) to (g); punishment has been provided, (i) organizes or directs others to commit an offence described in paragraphs (a) to (g); or commits an offence and shall, on conviction, be liable to a fine not exceeding SCR50,000 and to imprisonment for a term not does any act which contributes to the exceeding 2 years. commission of any offence described in paragraphs (a) to (g) by a group of persons 44. A person accused of committing an offence under Extradition acting with a common purpose or intention this Act may be extradited in accordance with the provisions of with- the Extradition Act, 1991. II

536 Supplement to Official Gazette [13th October 2014] [13th October 2014 j Supplement to Official Gazette 537 PART XV - MISCELLANEOUS (6) The accounts of the Fund shall be audited by the Auditor General in accordance with article 158 of the Protection 45. A civil or criminal liability shall not lie against the Constitution. of action in Competent Authority, its inspectors or the Director ofR~diation good faith (7) Where the accounts and the statement of accounts Safety in respect of any loss arising from any acts .done ill good faith in the performance of their functions under thIS Act: of the Fund in respect of a financial year have been audited, the Competent Authority shall furnish to the Minister a copy of the 46.(1) There shall be a Radiation Safety and Security Fund statement together with a copy of any report by the Auditor Radiation Safety and which shall consist of- General on the statement of accounts or on the accounts of the Security Fund Fund. (a) moneys appropriated by an Appropriation 47. The Competent Authority shall, as soon as possible Annual report Act; and after the expiration of each financial year and in any event not later than the 31st day of March in any year, submit to the (b) moneys accruing to the Competent Authority Minister an annual report dealing generally with the from its operations under this Act; administration and its activities during the preceding financial year and the Minister shall cause the report to be laid before the (2) The Fund shall be applied for- National Assembly. the discharge of the expenses in carrying out 48.( I) The Minister may make regulations for carrying Regulations the functions under this Act; into effect the provisions of this Act and in particular, amongst other matters, to provide for- (b) the payment of emoluments to the Director of Radiation Safety, inspectors and other (a) the safety and security measures to be officers and employees of the Competent implemented; Authority; and (b) control of the importation, transport, handling, storage and use of radioactive (c) the other expenses necessary or expedient for materials, and radiation generators; purposes or objectives ofthisAct. (c) exemption of any radioactive material, or (3) The Competent Authority shall be responsible for radiation generator from control; the management and administration of the Fund. (d) form and content of the licence and the procedures for issue, renewal, suspension (4) The financial year of the Fund shall be the calendar and revocation oflicence; year. (e) management of radioactive waste and for (5) The Competent Authority shall keep proper measures for the 'protection of the accounts and other relevant records in the form and manner environment from the disposal of radioactive approved by the Auditor General. waste;

538 Supplement to Official Gazette [13th October 2014] (f) levying of fees and charges; (g) registration of workers exposed to radiation in the normal course oftheir work; (h) any other matter which is necessary or expedient to be prescribed for the purposes of this Act. Transitional 49. Any person who, on the commencement of this Act, has in his or her possession, custody or under his or her control any nuclear material, radioactive material, or radiation generator, shall within 3 months from the commencement of this Act, apply for a licence to the Competent Authority in accordance with this Act. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 16th September, 2014. Ms. She Ida Commettant Acting Clerk to the National Assembly "