Ionising Radiations Act

2 . All miss i on hospitals , clinics o r simi l ar i nsti tuti Qns i n r,=spec t of orders c oun t er.s igned b y, a Provi ncial Medical Of ficer . 3 . All the hospi tals, c l ini cs o r s i mil ar i nsti tutions i n whic.h th,s Repub lic has o r retains. more than fifty pe r c entum i n t ere s t , havi rig a nmdi c a l prac tit i oner on thei r staff o r who s e o rders ha v e b ee n cou nter s i gned by a Chi ef Medi c a l Offi cer . 4 . Insti tuti o ns of the Department o f Veueri nary and Tsetse Control Bervi ce.s o f the Min i str y o f Rural D,sv,s l opme nt wh ose o rders f o r s ubstances ar,s .count e r .sign ed by a Ve t e r i nar y Surgeon. REPUBLI C :OF ZAMBIA THE IONI S ING RADIAT ION ACT CHAPTER 311 OF TRE LAWS OF ZAMBIA CHAPT ER 3 1 1 THE I ONI S ING RAD1AT1 0N ACTCHAPTER 3 11 THE I ONISI NG RADIATION Ai::::T ARRANGEMENT OF SECTIONS PART I PRELIMINARY Sec t i on 1 . Sh o rt title a nd c ommen cement 2 . I -nte r preta t i o n 3 . Application 4 . Exe mpti on PART II RADIATION PROTECTI ON BOARD 5 . Establi shment o'f Board 6 . Compo s i t i on o f Board 7 . Te n ure of o ff i c e o f membe rs o f Boar d 8 . Meeting s of Boa r d 9 . Ag e nda 10 . Minu t es of Bo a r d meetings to b e k ept 11 . Ch a i rman may act for Boar d i n cert a in cases 12 . Recommendations to be made by Board to Mi n i ster PART III RADIOISOTOPE ADVISORY COMMI TTEE 13 . Establ ishment of Radioi .sotope Advisory Co=ittee 14 . Composition of Committee 15 . Tenure of offic..e of members of i:::ommittee 16 . Meetings o f Commi ttee 17 . Minutes of Commit tee meetings to be kept 18 . Functions of Committee PART IV OFFI CERS OF THE BOARD 1 9 . Appointment of officer5 o f Board 20 . Powers o f Radi ati on Protection Offi cers PART V .LICENCES TO USE SOURCES OF RADIATION Secti on 21. Licence to use radioactive material 22 . Responsibility of licence holder PART VI RADIATION PROT ECT I ON SERVICE 23 . Radiation Protection Service PART VII MIS CELLANEOUS PROVISIONS 24. Offences and penal ties 25 . Evide nce 26 . Regulations CHAPTER 3 11 IONIS ING 1'ADIATION:L9 of 1972 13 of 1994 An Act to establish the, l aw relating to the protecti on o f the, publ ic and workers from .dangers ar i ,, i ng f r om the u,,e o f device$ o r mi'iteri a l c, capa b l e o .f produci ng i .onising radiation ; and. to provide f or all matters i ncidental to or connected with the foregoin g . [1st May , 1975 ] PART I PRELIMINARY 1. This Act may be; c ited as the I oni s i ng Radiation Act . Short title 2 . In this A.Ct , unless the context otherwise requires - Interpretation "Board" 1Ueans t h.e Radiation Protecti on Board establi sh.ed under section five ; "·committee" means tl1e Radi o isotope Advisory Committee ; " dangerous i onisi ng radiati on" means ionising radi atirn::i of suffi cient intensity as t o entail significant risk o f disability or disease as a recrnl t o f exposure ; "disease" includes injury and bodily or niental defi c i ency or abnormali ty ; " exposure" means exposure to i onising radiation from sources. both exter nal and internal to the h uman body o r inccrrporated wi th i n the body; " faci lity" means any assembly of devices , ·equi pment , structure.::, o r natural features wh ether s i mple or complex whi ch serves some speci f i c putpos.e or performs ,some f unction; " ionisi-ng radi ati on" means e l ectr omagneti c or corpus c ular radiation capabl e of producing ions d i rectly or indirectly in its passage through matter; " Radiation Protection Offi cer" means a radiation protecti on officer appointed under t his Act and includes the Chief Radi ation Protecti on Officer ; ".radioactive material" ITLeans any material enii tting ionis i ng radi ation of sufficient intensity as to entail significant ric,k of d i sability or di .sease as a resul t of exposure; " radioisotope" means radionuclide and is applied to any radioactive matter when i denti fying t h e s i gnifi cant nuclear species of radi oacti ve atoms present; "workers " include all persons potentially expose<l to dangerous ioni.sing radiation or radioacti ve material as a r esul t of thei r occupati on . 3 . (1) The Board may, by statutory order , apply the provisions of this Act to sources of e l ectromagn.etic raqi ati on other than X- rays and gamma rays . Application (2) Unless otherwise provided in this Act or in regulations made thereunder , materi al s hall not be. considered radioacti ve if it contains radi0activity o f less than O. 1 mi crocuri es or if there is no porti on of i t in 1-;•hich conc entration exceeds O. 00 2 micrqcuri es per gra m of .material . 4 . The Minister may , on the recommendation and advi ce of the Board (whi ch may set higher limits for exemption in th.s case o f material known to contai n on l y the less dangerous r adioriuclides) , by statutory order , exempt any material whid h .contains radi oa ctive matter of less t-... han specified limits from the provisions .of this Act . Exempt i on PART II RADI ATION PROTECTION BOARD 5 . There is hereJ:,y establi shed a Board to be known as the Radiation Pr otecti on Board .Establis hment o f Board 6 . (1) The Board sl1all consist of the fo llowing members : Composition of Board (a) a person appo inted by the Minister as the chairman of the Bo ard ; (b) the Ch i ef Radia t ion Protection Officer appointed by the Minis ter as the secretary of the Board; (cl an adv ocate appointed by t he Minister responsi b l e for l egal affc.irs ; (d) a medical practitioner appointed by tbe Minister ; (e) a public o ffi cer appointed by the Minister on nomination by the Nat i onal Council for Sci ent i f i c Research; (f) a scientist appointed by the Minister o.n nomination by the Vice- Chancellor of the University of Zambia ; (.g J a public o fficer appointed by the Minist e r on a nomination by the Minis t er responsible f or mines and mining developmen t ; (h) a public officer appointed by the Minister on nomi nation by the Minister responsible for rural development ; ( i ) a public o ffi cer app0inted by the Minister on nomi nation by the Minister responsible for defence ; ( j ) a public o ffi cer appointed by the Minister on nomination by the Minister responsible for home affairs; (k) a public office;r appc,inted by the Minister on nomi.nation by the Minister responsible f o r lands and na.tural ,resources ; (1) a public officer appointed by tl1e ~unister on nomination by the Minister responsible for l abour and soci a l servi ces ; (m) a public offi cer appointed by the Minister on n omina tion by the Minister responsibl e for educati on; (n) a public officer appointed by the Minister on nomination by t he Minister r-esponsible for power , transport or works . (2) No -person shall be appointed as a member of t h e Board (a) while he iB an undi scharged bankr upt; or (b) while he i B Bervi ng a sentenc.s o f impriBonment upon convicti on f or an offence . 7 . ( +) A member of the Board Bhall hol d office for a period of fivs= ys=ars from the date of his appointm~mt or reappointment , aB the c ase may b~LTenure of office o f members of Board (2) A reti ring member shall be e ligi b l s f o r reappointmen t . (3) On t he expi rati on of the peri od for which a member is appoi nted or r eappoi nted, h e Bhal l con t i nue t o h o l d offi ce until h i B Buccessor has beei, appoi nted, but i n no case shall such further p eri od eltceed three months . (4) The office of a member shall be vacated i f he (a) d i es ; (b) is adjudged bankrupt or makes a compos ition with his credi tors ; ( cl i13 ab.sent from t h r<;,e consecuti ve meetings of the Board without speci a l l eave of the chairman; (d) resigns his offi ce ; ( e) i s d i sabled from performing h i s f uncti ons on the Boar d on account o f p hysi cal or mental i l lness o r any other cause; (.f) is unabl e to perform his functions as a me mber of the Board on account of h i s absence from the Republic or any other cause; (g) is convicted of an offence under any writt en law and sentenced therefor to imprisonment wi thou t the opti on of a f ine . (5) The Board may exerci se its po1-.ers and perform itB du ties notwithstanding any vacancy in its membership . 8 . (1) The Board shal l meet at such times and -p l aces as it deems e:xpedient for the transacti on o f i ts business . Meeti ngs of Board (2) The chai rman shall p reside at a ll meetings of the Board and in h i s absence such member of the Board as the members present may appoint shall preside . (3) At every meet i ng of the Board f i ve members shall const i t ute a quorum . (4) The chairman shall , in addition to his deliberative vote as a member of t he Board, have a cast i ng vote . 9 . (1) The secretary shall , in con sultation wi t h the chairman, prepare an agenda which shal l l::,e di.stri ];:,uted to a ll me1!1berB of the Board at l ea:;;t f i ve days pri or to each ordinary meeti ng . Agenda (2) Where any item of the agenda is deemed t o be of .significance to any Ministry n ot represented on the Board, the secretary shall notify and i nvite the Permanent Secretary df that Ministry or his representative to· attend that meeting, who shall Rarticipats= in the meeting in a l l resp,e.ct s as i f he were a membe r of the Board . 1,0 . The Secretary sha ll cause details o f all business transacted at any meeting o f the Boa1-d to be entered ,reg u l arly in a minute book kept f o r that purpos e and the minutes o f the proceedings o f each meeting s hall be submitted t o the Board for confirmati o n a t a s ubsequent meeting of tl1e Board and , i f passed as correct, shal l l:le confirme d l;Jy the signature of the chairman a nd wh e n so confi r me.d shall be prima facie evidence in any court as an accurate record o f the proceedings .Minutes of Board meetings t o b e kept 11 . Th e ch a i rman may, i n consultation with the advocate. referred to in s e c tion six (1) :(c; and th~ Chief Radi ati= Prot ection Officer , act £ o r a nd in l ieu of the Board in any matter o f urgency but a ny such ac t i on shal l be referred t'o the Board a t i ts next meeting for i ts informati on and approval . Chairman may act for Board in certain cas.es 12 . Subject to the provi s i ons o f this Act, the Board shall make recolllll\endations to t l-i e Minister on all matters concerni ng (a) the a5surance tl1at a ll acti viti es i nvol v ing t h e use o f devices or materi als cap able of p r oducing dangero us amounts of i onising radiati on are carried out in such a mann-;,r as ta avoid danger to the p ubli c. o r to workers c011cern ed or limit ri5ks to those a cceptable as a matter of publ i c pol i c;y ; (b) the a llocation of pri ori t i es .and co - ordinati on o f acti viti es in connecti on with maintenance of safety in the us e of d evi ces o r materi a l s pr.o.duci ng ioni s i n g r adi ati on and associ ated matters t o make the best use o f available resources , taking into account the -needs of the country and a l ternative ,methods of achieving equival en t results ; (cl a ny amendments to be made to thi s Act or regulations to be mad e thereunder . Recommendations t o be made by Board to Minister PART III RADIOSOTOPE ADVI SORY COMMITTEE 1 3 . There i s h ereby establ i shed a Committee to b e known as the Radioisotope Advi sory Committee . Establishment o f Radioiso t ope Ad visory Committee 14. (1) The Committee s hall consist o f the foll owing me mbers : Composi tion o f ·comrni ttee (a) a 5cientist appoint ed by t he Board on nomination by thee Nati,:mal Council for Scientific Research ; (b) scientists , not exceeding f our in number , appointed by t he Board on nomination by t h e Vi ce- Chancel l or o f the l.:Jniver s i ty of Zambia ; (c) a radiol ogist appointed by t he Board on -nominati on by the Medical Council of Zambi a ; (d) an engineer or other specialist concerned with safety in mines appointed by the Board on nomination by the Minister responsible for mines and mining devel opment ; (e) an e n gi neer or other spJ=i'.'.ialist concer ned with safety i n factories appoi nted by the Board on nomi nat i on by t he Minister respons i b l e f or l ab ou r and soc i a l services ; ( f) an engineer o r other ,".lpecialist concerned with the safety o f tr an.sport appoi nted by the Boa r d on nominati on by the Minister re.spcmsi ble for power , transport and Works ; (g) scienti sts , engi neers or other specialists from bodies o r institutions concerned with the use: or handling o f devices or mater i a l producing ioni sing radi ati o n , not exceedi ng s i x in number , appoi n t ed by the Boa1-d on n ominati on r ecei ved from such bodi es or i nstituti on s at the i nvitation o;f t he Board ; (h J a sci e nt i st concern ed with envi ronmental protect.i on appoi nted by the Board; (i) the Chief Radi ati on Protecti on Of f i cer who shall be the s .ecretary of tl,e Cornmi ttee . (2) The members present at the first meeti ng of the Commi ttee shal l e l ect a chairman from among themsel ves and the secretary shall call such me.eti ng and shall preside over the meeting for tl1at purpose . (3) No person shall pe appoi nted as a member of the Committee (a) whi le he i s an undi scharged bankrupt ; or (b) whi le he i s servi ng a .sentence o f imp r isonment upon convi cti on for an offence . 15 . (1) A member of the Committee shall h old offi ce for a period of three years from the date of his appointment or reappointment , as the case may be.Tenure of offi ce of members o f Committee (2) A reti ring member shall be eli g i b l e f or reappointment . (3) On the expira t ion of the period for which a member is appointed or r eappointed, h e shall continue to h ol d o ffice until his successor has been appoi nted, but i n no case shall such further period exceed three months . ( 4) The offi ce of a member Bhall be vacated if he (a) dies ; (b) is adjudged bankrupt or makes a composition with his creditors ; (cl is absent from three consecutiv-e meetings of the Commi ttee without special leave of the chairman; (d) resigns his o ffi ce; (e) is disable d from performing bis functions on the Committee on ac~ount of physical or mental illness or any other ca1.1se ; (-f) is unable to perform his functions as a member of the Committee on accoUnt of his absence.. fr om the Republic or any other cause.; (g) is convicted q£ a:n offen<:!.so under a n y written l aw and sentenced therefor t o i mprisonment without the opti or1 o f a fine . (.5) The Corrunit tece, may exercisG its powers and per f o rm its duties notwithstanding any vacancy in its membership . 16 . (1) The Committee shall ffi!8.sot at such times and p laces as i t d.so.soms expedient for the transacti on o f i ts business .Meetings of Cammi ttee (2) Special meetings of the Commi ttee may be c alled (a ) on the request 0£ the Board; (b) o n the request o f four me mbers of the Cammi ttee if any urgent m·atter arises for consi derati o n by the Commi ttee . (3) The secretary o f the Committee shall, i n consultation with the c hairman, prepare an agenda which shal l be dic,tributed to a ll members of the Cammi ttee not less than fou r days before eac;h meeting . (4) The chairman of the Committee may invite an expert , other than a member of the Committee , to attend and parti c ipate in the discussion on any matter in which in tl1e opinion of th-;, chairman such expert may make a us-;,ful contribution, having regard to his experti se in that matter . 1 7 . The secretary s h a ll cause details of all business transacted at any meeting of the Committee to be .enter e d r egularly in a mi nute b ook kept for that purpose and the mi nutes, of the proceedi n gs o f each meeting shall be s u b mitted t o the Corrun i ttee and, i f passed as ccrrrect , shall be confirmed by the signature of tl1e chairman a n d wl:v=,,,;n so confirmed shall be prima facie evidence in any court as an accurate record of t he proceed.ings . Minutes o f Cammi ttee mee t ings to be kept 16. (1) The Corruni ttee shall advise the Board- Functions of Committee (a) on matte rs referred to it by the Board ; (b) on measures necessary for ensuring public safety i n the use of radi o isotopes or devices capabl .e o f producing ionis i ng radiati on in dangerous amount s , incl udi ng the safety of the user and oth er workers ; (c) on a ll 0th.er matters o f a techni cal natu re on which the Committee i s cornpetent t o advise. (2) The Committee may itself initiate studies or inquiries concerning the safe use of radioisotopes or devices producing ionising radiation and may recommend measures , includi n g t he ex,pendi ture of funds i ·n ::;uppo r t o f such work, to the Boar9- . PART IV OFFICERS OF THE BOARD 19 . ( 1 )' The c hairman of the Board shall be appointed by t h e Minister . Appointment of offi cers of Board (2) The Chief Radiati on Protection Officer , the Legal Adv iser to the Board and such other offi cers as may be necessary for carrying i nto effect the p r ovisions of thi s Act s h a ll be appoi nted b y the Publ ic Service Commissi on as p u bl ic officers . ( 3) The chai rman of the Radi ati on Pr o t ection Board shall be d i rectl y r esponsibl e t o t he Min i t;ter .for (a) i m13l eme n t i n g t h e provi s i ons of thi s Act ; (b ) conv e ying to the Min i ster t he recommendati on s of the Board . ( 4) The chai rma n o f t he Radi ati on Protecti on Boa rd may d.elegate or ass i gn to a n y officer appoi nted under this secti on any or a l l of h is power s and duti es conferred or i mp osed. upon him under thi s Ac t , b u t , in so doi n g , h<p shall not thereby divest h imsel f o f t h e r i ght to exercise concurren tly a ll or a ny of such powers a nd d u t i es . (SJ The Chief Radi ati on Protecti on Of f i cer shall be secretary of the Boar d and of the Commi ttee and (a) shal l per f orm the duti es conferred upon him by thi s Act or a ny other wri tten l aw and such other duti .es as may be ass i gne d to h i m by the cha i rman of the Board; (b) s ha l l be responsi p l e for taki ng a ll meas u res necessary to emrnre that the Board is at a ll t imes adequatel y i n f ormed as t o the exi st i ng s tate of radi a tion s a fety and as to ar1y d evel opments in connection wi th radi ati on safety . 20 . (1) The Chief Radi ati on Protecti.on Offi cer or any Radi a t i on Pr o t ect i on Offi cer ;:,ha ll, for t h e purpose of the executi on of the provi s i ons of this Act, hav e the power to do all or any of t he following , that i s to say : Powers of Radi ati on Protecti on Offi cers (a) t o enter , inspect and examine any premises or any part thereof , vehic le , vessel , b oat, a i rcraft or any carriag.e of a ny des cripti on in or upon which he ha·s reasonabl e cau se to beli eve that radioactive mater i a l or any sour ce of dangerous ioni s i n.g radiation is stored , used , t ransported or dispoc:red of ; (b) to require the production of any licence a u thori s i ng the use of radioacti ve mater i a l or sources of dangerous ioni s i ng radi ati on and any regi s t er , certi f i cate , notice or document kept i n ·pur suance of tr1is Act , and t o inspect , e x ami n.e or take a copy thereof ; (cl to make such exami nati ons and i nqui ries as may be necessary to ascertai n whether the provisions. of this Act are being complied with ; (d) to exami ne , e i ther al one or in the presence of any other person as he thinks £it , any person wi th respect to matters under this Ac.t o r to requi r e such person to be so examined : Provided that no person shall be compelled to an51-.er any question s or g i ve any evi dence tendi ng to i ncri mi nate b imsel f ; (e) i ·n t h e case of a Radiation Protection Officer who i s a medical p r acti tioner , to carry out SUGh medi cal examinati ons as may pe neces:;;ary i n the discharge of the d ut i es i mposed upon him by this Act ; (•f) to e11ercise such other powers as may be necessary f or carrying the provi s i ons o f this Act int0 e ffect . (2 ) The qwner o f any radioactive materi al or any source q£ dangerous ionising radiati on , his agent , employee or servant shtll furnish the means required by a Radiation Protecti ori Offi cer as may be necessary for entry, inspecti on , examination, i nquiry, the t aki ng of sampl es or otherwi se for the exercis,s of his p.owets under this Ac t . (3 ) Any person wl10 (a ) wilfully delay;5 a Radiation Protection Offi cer i n the ex ercise of his powers under this secti on ; (b l without reasonable excuse , fails t o comply with the requirem~nt s of a Radi a tion Protection Offic~r ma de in pursuance of the provisions of this section; (c) without r e asonable excuse , fails t o produce any r e gister , c ertificate , n oti ce or document whi c h he is r equired by or i n pursuance of the p rovisions o f this Ac t to -produce; (d J wilfull y wi t hho l ds any i nformat i on as t o wh o i s the owner o r responsible f o r the management o f any radiat i on source ; o r (e ). wilfull y con c eals , pr.,.,vents o r attempts to conceal or prev.,.,nt a person fr om appearing b e f o r e or being e xamine d by a Radiati on Protect i on Offi c;er ; shall be deemed to have obstructed .a Radiati on Protecti on Off i cer in the ex ecution of his dutie s under thi s Act . (4 ) Where a Radia t i on Protecti on Officer is obstructed i n the ex ecution of h is duties under this Act , the person obstruc ting him shall be liabl e to be arrested without warrant , shall be guilty o f an offe nce and s hall upon convict i on be liabl e to a fine not ezceeding twenty thousand penalty uni ts o r ta i mpri sonment f or a term not exceeding five years, or t o b o th (5) Every Radia t i on Pro t ection Officer shall be furnished wi th a certificate of his app ointment signed by or under the a uthority of th.e Minister and , when visiting a p lace to which th.e p rovis ions of thi s Act apply, shall , if so r e quire d , produce the said certifi cate t o the occupi er or person hol ding a r esp onsibl e posi t i on of management o r c ontrol of the facility at s uch premises in whic h the r adiation s ource is believed t o be -present o r to exist . ( 6 ) A Radiation Pro t ection Officer s h a ll t rea t as confidential the source o f any complaint bringi ng to his noti ce any contravention of any of t he provi sion s o f this Act and shall give no intimation t o the owner or his. r epresentative that a visit o f inspection was m•ade in consequence of such complaint . (7 1- Eve r y person e mployed in t h e a9ministration o f thi s Act s hall trea t as secret and confidential any information of a type normtlly considered subject t o p r ofessional , commerc i al , t rade o r i ndustrial secrecy, the r evel ation of whi ch i s not necessary f e>r the imple mentati on o f thi s Ac t , and any person who di·s closes such information t o any other person in contravention of any provision of this secti on , wheth..er such a per.son i s or b as c ease d t o pe empl oyed in the admini s tration o f this Act or not , s hall be gui l ty o f an offen ce and shall up on conviction be liable to a f ine not exceeding twenty thousand penal ty uni ts or to imprisonment for a term not exceeding f ive years , or to b oth . (As amended by Act No . 1 3 of 1994) PART V LIGENCES TO USE SOURCES aF RADiATlON 21. (1) Any person who intends to use radioactive material or other s o urces .o f dangerous ionising radiati on ,shall appl y to t he Board for an appropriat.? licence .Licence to use radioactive material ( 2 ) An appli c ation fo'r a li cenc.e to use radioactive mate'r ial or other source of dangerous ioni s i n g radiation shall be in the prescri bed form and .',hall be submitted to the Chief Radi ati on Pr,:ctes:: t ipn Officer who s hall prepare the appropriat e licence. (3) The Chief Radiat i o n Protecti on Offi cer shall submi t the. applicati on for a licen ce and the appropriate licence prepared by him under subsection (2) to the Co=i ttee f or its s .cru t i ny, and the Co=i ttee shall then transmi t the licen ce to the Board together wit h the pr oposed amendments (i f any) and the Board sJ:rnll finally determine the form and conten ts of the l icence : Provided that , in any case where the chairman of t h e Radi ati on Protecti on Board and the Chief Radiati on Protection Officer are satisfi ed that , having regard to the urgency of the matter and other ,:::;ircumstances of the case, a provi sional l icence shoul d be issued , such licence may be i ssu ed , valid only until the meetings of the Committee and Board next following the date of i ssu e of 'the provi s i ona l licence . ( 4 J A licence i ssu.ed under this secti.on (a ): shall be in the prescribed f orm; (bl shall be i ssued by the Board to a person as owner or as the appropr i ate responsible officer of an institution , partnership, corporation or government body; (cJ .may con tai n such conditions as the Chief Radiat ion Protection Officer may deem necessary to impose for the safe conduct of the proposed operation, process or facility and for tl1e safe d i sposal o f al l radioactive wastes and radi oacti ve materi al resul t i ng fr om the proposed operation , process or facility; such conditi ons may be e i ther specific or take the form of general requirements to meet pre scribed standard.s or coc;ies o f practice publi shed suppl elllental to 'thi s Act , or standards or codes o f practice published by i nternationally recognised bodies including the I nternati onal Commi ssion on Radiol ogi cal Protection and the International Atomic Energy Agency, or any combination o f such conditions : Prov i ded t hat any person usir1g radioactive material or some othe-r source of dangerous ionising radiation prior t o the commencement of this Act may, if he submibs his applicati on in the prescri bed form within three months from the commencement o f thi s Act , conti nue to use the saine unless h i s appl ication is refused and the refusal is communicat ed t o him; (d) shall be specifi c wi th regard to the process , operation or facility ; (e) shal l authorise the purchase or acquisition by other means , the importati on, producti on , possess.ion , transport , s t orage, use. and disposal as required , of speci f ied quantities and kinds of radi oactive material or other source of dangerous ionis i ng radiation required for the oRe.rati o n , process or facility specified ; (fl may cover the separate acquisi tio n o r importation o f diverse or repeated l o ts o f radioact ive material if they are a ll l isted on the licence a nd are to be u s e.d s olely in t he licen.sed process, operatio n or fa c ility. (5 ) A licence i ssued und~r this sec tion (a) may be amended at any t ime on writt"en n otice b y the Ch i e'f Radiation Pro t ection Office r i f , i n h i,s opi ni.o n , such a me ndment i s. nece.ssary, f o r the purposes of safety ; (b) may be suspended or r evoked by the c h a irman of the Radiat i on P r otectioi1 Board i f t h e h o l der the.reof fails t o comply with the condi t i ons contained in the licen ce or laid down in this Act or in any regulations made thereunder . (6) Where a licen c e i s suspended , the hol der t hereof sha l l t a ke s u ch steps a ·s ma y be r ecommended by the Chief Radiation Prot ection Offi cer to ensure that no r adi ati o n hazards occur duri ng the peri od of sus pens i on . 22 . (1) The bolder of a licence shall be responsible to ensure that any operati on, condit ion of storage, t ransport or d isposal shall not resul t directl y o r indirectl y in e xposure to i onising .radi ation in s uch a n amount as li kel y to cause J1armful effects to the publi c , to h i s emp loyees , other workers o r other users or t o property owned ei ther by the Government or pri vate persons . Responsibility of licence h o l d e r (2) Any owner o r user o f radioactive materi a l or source of dangerous i onis ing .radiation f or whic h b.e holds no valid licence shal l be answerabl .e f or a ny h a rmf ul effects arising from the possession , storage , transpor t , use or d i sposal of such r adioactive materi a l or source of d angerous i oni s i ng radiat i on, and such a nswerability shall continue with regard to any such material after it has been seized, impounded, stored or disposed of by the Chief Radiation Protection Offi cer or a perso n authori sed by him in wri ti-ng . (3) The r a diation safety re)::iuirements prescribed under t his Act do not extend to patie nts underg o i ng medical treatment by exposure to radi ati on by or under the supervisi on o f a medica l practiti oner ; bu t d o app l y to the. safety o f medi cal and t echni cal staff wor king wi th the radioactive material or source o f dangerous i onising radiation and t o the protecti on o f al l other persons , other than the patient undergoing treatment. ( 4 J Subject to such exceptions as may be .contained in any regulations or licence issu ed u nder this Act , t he standard of radiation protection t o b e met for the -p u rposes of t his Act shall be the maximum -permiss i b l e l evels of radiati o n establis h e d and accepted internat i on a lly and pu bli sbed frqm t i me to time by the International Commission o n Radiological Protection. (.5) Wh e n e v e r a physical or mental d i s abil ity appears (a) in a person whi ch medical opinion compet ent in the f i e ld of radi ati on disease ascribes to radiati on exposure , it shal l be presumed that the disability arose due to radiation expos ure from .a source of sufficient. strength to give rise to such disabil ity; (b) that could have a risen eith er from radi ati on or from other causes , tl1-e fol lowing cri teri a shall be appl ied to dispern t h e cau se Qf such disabil ity, n amely: ( i ) i f a d i sability o'f a nature known t"o b e caused e i ther .by radiation o r that can a.rise from other po,ssibl e causes appears in a per son who coul d have been exposed to a sctu r c e o f radiation .o f suffic ient !:ltrength t o have caused the disability,. it shall be. assums,d th<1t t he disability arose from one or more of such exposu res if no record of personal exposu re has been mai ntain~c! to a standard approved by the Ch ief Radiation Protectio n Of fi c er ; ( i i) i f a disability of a n ature kn own to b e cau sed e i ther by radiation o r that can aris e from other possib l e caus es ap:[:>ears i n a person for whpm a personal radi ation exposur~ record exi sts , indicati ng that exposur~s in excess o f rec ommended permissi b l e limits have occurred , i t shall b e presumed that s uch disability o.ccurred as a resul t of such radi ati o n eKposura>; (iii) i f a disabi l ity of a nature known to be caused either by .radiation o r that can ari ,se from other possibl e causes appear,s i n a person for whom a personal radiation e..;;posure record has been JT\aintained to a standard approved by t h e ·chi ef Radi ati on Protecti on Officer , i t shall be presumed that the disability did n ot arise from radi ation .exposure if such e xposure records shaw radi ati on exposures have been within permissibl e lirni ts o n all possible occa,'3ions o f radiation exposure . PART VI RADIATION PROTECTION SERVICE 23 . (1) There i s hereby established a Radiat i on Protection Service which sl1all - Radiation Protection Service (a) determine the extent of .exposure t o ionising radiation of the public and .of worke.t ,s and, subj ect t o t he provisi.ons .of this Act , determine the degree o f ri·s k of di,sabili ty attached to such exposure ; (b ) be respons i ble for examining , as may be deemed n.ecessary by the Chief Radiation Protection Officer , all premises in respect of whic;h a licence to use radi a tio n is in f o r ce and a l l places o f disposal for radi oacti ve materi a l and wastes ; (c) advise the Board of the extent o f .radiation e xposu r e to penrnns i n Zambia ; and (d) advise and recommend to licence :holders steps des iral::-,l e t o reduce exposure to acceptabla> limits. (2 ). The Radiation Protection Service shal l maintain a persona l radiati on dosimetry service (a) to provide personal radiation measuring devices to bee worn by any individual likely to be ex posed t o ·radiation; (b) to provide a reporting servi ce 1.,-hereby it wil l maintain adequ ate records of personal radiation exposure meas u rements and shall render to the licence h olders and to the Board reports , at suitable intevals , of the information contained in the r ec.ords ; and (c) t o warn i ndivi dual s who have been 9 r are likel y to be. subject to over expos u re . (3) The personal radiati on dosimetry service may, at the discretion of the Chief Radiati on Protection O.f .fice.r , be provi ded without charge or f or .such fee as may be pre.scribed if the Board s .o determines on request from a holder o f a l i cence; or its use may be i ncl uded as a necessary condition of a particul ar l i cence . (4) The Radiation Protection ServicE shal l be directed by the' Chief Radiation Pro t ection Offi cer who. !,hall be i ts s enior o fficer and who shall r econmiend to the Board the provision of staff sui table for the carrying out of i t s functions . PART VII MISCELLANEOUS PROVISIONS 24 . (1) Any person who contr avenes any provision of thi s Act rel ating to or in connection with importation , possession, t ransportation, use or disposal o f r adi oacti ve material or other source o f dang.erous i oni s i ng radiation, without being in possession o f a valid l i cence , shall be gui l ty of an affenc.e and sha l l be liable upon convicti on to a fine not e x.ceeding four thous.and penalty units .or t o imprisonme n t for a term not exceeding six months , or to both such fine and imprisonment; and ev ery offi cer re;;ponsibl e for a faci l i ty in which any such materia l or other source is usecl shall be guilty of an. offence and upon convi ction shall be l i abl e to a f i 11e n o t exceeding two thousand penalty units or to imprisonment f or a term not .exceedi ng three months , or to bo,th . Offences and penalties (2) Where a person in possession of a valid licence fails to comply with any provision of thi s Act or with the terms or condi t i ons of his l i cence , the Chief Radiati o n Protection Officer (a) shall issue a warning indicating a time limit for complying wi th the terms or conditi ons of the licen ce; (b) if he cons i ders it necessary for the safety of the public or workers , may suspend the licence and requir.e suspension of work wi th the radioacti ve material o r other source o f dangerous ionising r adi a tion and i ts storage i n a safe p l ace or under conditions preventing exposure of the -publi c o r workers to pc,tentially dangerous radiation; and/or (cl s h a ll require the owner or responsible l i censee to take such measures as are needed to abate the adverse effects (i f any) of bis failure to meet tl1e conditions of his lic.ence; and i f the owner or responsible licensee fails to c.omply with the terms o r conditions specified in the Narning or o t her requir,ement , or continu es to permit use of radioactive material o r other sour ce of dangerous i oni s i ng radiation while his licence i s under suspension, he shall be guil ty of an offence and shall upon conviction be liable to a fine not exceedi ng two thousand penalty units or to a term of impri sonment not exceeding three months , or to both . (3) Any act or omission, which if done by an individual s hall be an offence under thi s Act or any regulations made thereunder , shall , if done by a body corporat e , be deemed a n off ence committed by every d i rector, secretary or manager , unl ess he proves that the c,ffence was commi tted wi thout his consent or connivance and. that be: exercised all such diligence to prevent the comm·ission 9f the offence as he ought t o have .ezerci sed , having regard to the nature o f h i s f unctions and all the circumstances of the case . ( 4) If an offence under thi,s Act or any regulations made ther eunder i,s .cornrni tted by a partner in a firm, eve.ry person who, at the time o f t he commission of the offen ce, was a. p<1rtner in that firm or was purporting to <1ct in that office shall pe d~?med to have committed the like offenc~ , unl ess he proves that the o f fence was committed without his consent or connivance and that he exercised a ll such diligence to prsvent the cortutt.ission o'f tha offence as he .ought to have e x e r c ised , having ,regard to the nature o f h i s functi ons and a l l the c ircumstances o~ the case. (5) In addition to t he penalties provi ded in subsecti on (1.) , t he radi oacti ve materi al or other sourc.e o f dangerous i 'Onising radiation shall be liabl e to seizure , impoundment , sealing , being rendered inoperative, destruction or d isposal in such manner as the Chi e f Radiati on Protection Officer may consider necessary for the protecti on of the public or workers and may only be returned to the original owner if convenient and under conditions set forth in a licence properl y i ssued by the Board . (As amended by Act No . 13 of 1994) 25 . ( 1 ): Wi thou t prejudice to any requirement to compl y with any special conditio n i ncluded in the licence or in any regulati ons made und.er this Act, evidence that the holder of a licence has complied with the radi ation safety standards or recommendations f or permi ss i ble radi ation exposure published by the Internati onal Atomi c Energy Agency o r by the International Commi s .sion on Rc;;diologic.al Protection shall be prima facie evidence that the holder of .such licence has complied with radiation safety standards with respect to t h e requirements of this Act .Evidence (2) Records of exposure measurements maintained in accordance with the provisions of this Act shall , unless the contrary is proved, be accepted as evi dence by every court concerned wi th establishi ng causes of a disability . 26 . The Minister may , on the advice of the Board, by statutory instrument, make regulations - Regul ations (a) prescribi ng appli cation and licence forms to be used under this Act; (b) limiting the use of radioactive material or equipment producing dangerous i oni sing radiation for any speci f i ed purpose , including use for medical or dental purposes ; (c) prescribing fees for services rendered by the Radi ati on Protection Servi ce; and (d) prescribing anything required to be prescribed under this Act . SUBSIDIARY LEGISLATTON SECTION 26- THE IONIZING RADIATION (FEES) REGULATIONS Regulations by the MinisterStatutcrry Instrument no . 86 of 1992