Radiation Safety and Security Act No. 10 of 2023

259/2023 2583 The Official Gazette (EXTRAORDINARY) OF GUYANA Published by the Authority of the Government GEORGETOWN, WEDNESDAY 2ND AUGUST, 2023 TABLE OF CONTENTS PAGE FIRST SUPPLEMENT LEGAL SUPPLEMENT A. ACTS — Act No. 10 of 2023 – The Radiation Safety and Security Act 2023 …. …. …. …. …. …. 117 B. SUBSIDIARY LEGISLATION — NIL C. BILLS ― NIL GEORGETOWN, Demerara – Printed and Published every Saturday and on such Extraordinary Days as may be directed by the Government by Guyana National Printers Limited, 1 Public Road, La Penitence, Greater Georgetown. WEDNESDAY 2ND AUGUST, 2023 THE OFFICIAL GAZETTE 2ND AUGUST, 2023 LEGAL SUPPLEMENT — A GUYANA ACT NO. 10 OF 2023 THE RADIATION SAFETY AND SECURITY ACT 2023 ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title and commencement. 2. Interpretation. 3. Objectives of the Act. 1 I assent Mohamed Irfaan Ali, Pr 'dent ;) M' /4r :;;;t,25 118 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 2 4. pe of the Ac . 5. P hibiti d acti 'ti PART II RADIATIO ' AFETY AND E URITY BOARD 6. Establishment of the Radiation afety and ecurity Board. 7. Meetings and pro e ure of the Board. 8. Functions of the Board. 9. ooperation between the Board and other uth ritie . 10. ta.ff and exp rt Ith Board. 11. ppointment of in pector . 12. Immunity of members of the Board and st f lh B rd. 3. i lo ur of intere l 14. ecretariat of the Board. 15. ~1inis rial dir tiv . PARTill PROVJ 10 16. E tabli hm. ntofthc Radiation afety and ecurity Fund. 17. Ap licati n f Fund. 1 . Charging of fees y the Board. 19. AccoW1t Wld audit. 20. Exemption from taxation. 21. Annual report. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 119 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 3 22. otification. PART IV OTIFICATION AND LI 23. imitation on activities and practices. 24. Application pro dure. 25. ubmission of safi ty and curity plan. 26. Publication of licensing pro 27. fusal of application. 28. Conditions o licen 9. Rene al of licence. 30. odification of licence. 31. Relinquishment of licence. 32. uspension of lie ce. 3. Revocation of licenc . 3 . False or mi leading information. 35. Publication of information. 36. Responsibiliti of the authorised pe on or entity. 37. Inspe tion programm . 38. Power of inspectors. 39. Ord of in pecto . G 120 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 4 40. Oh tructing or hindering an inspector. RAD PART IO PRO 41. Fundam nta.1 principles of radiation pro~ tion. 42. Regulatory control of radiation afety. 43. Radiation protection requirement 10 44. espon ibiliti of licens to nsure radiati n protection. 46. Protectio of patients. PART VII OUR 47. Regulatory oontrol of radioactive sourc 48. Re pon ibility for saf'l ty and urity of radioactive sources. 49. ourc 50. p rt and imp rt fradioacti.v our 51. Ri covery of orphan sources. PART El OJ? L ARF 52. uthoris • on requirement. 5 . Regulation of nuclear facilities. G THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 121 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 5 PAR PR PARED I ANDRE PO s 54. Requirement for merg ncy preparedne and resp nse plans. 55. ational plan for radiological llil.d nuclear em rg nci 56. Transb undary emergen i . p T MINING AND PRO E ING O RAD OA 57. Regulati n of mining and pro e ing. 58. Application for mining licence . 59. Responsibility o the lie osee. 60. Power of the Board wilb. r specl to mining. 0 61. Transportation nnd storage of radioactive material. 62. RADIO of radi activ aste. 63. ational policy and strategy. 64. General principles. TERI L 122 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 6 65. Licence to operate radioactive waste management facility. 66. Regula ·onofr dio cti w te manag m ot. 67. R pon ibility for ety and urity of radioactive waste. 6 . Dispo al plan. 69. Prohibition on the importation of radi 70. Exp rt of radioactiv waste. 71. Criteria for the export of radioactive waste. 72. Re-import of ra i ctive wa.! t . PAR XIlI 73. Prohibition of nuc]ear w th r c. plosive devices. 7 . Application of afeguards Agreement. 75. ooperation in the application for safeguards. 76. a.6 guards in pe tions. 77. Designation ofIAEA inspecto and issuance of visas. 7 . tate y m of Accounting for Control of uclear Mat rial. 79. Respon ibility for licensees. PART XIV EXPORT AND ORT ONTRO 80. Obje tives of export and imp rt control . 8 L Pr hibition of unauth ri tran f4 r . THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 123 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 7 2. utbority to control nuclear exports and imports. 83. Licen i.ng fore ports and imports. 84. :port lie i.ng criteria. 85. Import licensing criteria. p P IC PROTE TIO AND ILLICIT TRAFFICKING 86. Regulation of physical protection. 87. Phy i J prot ti n- poosibiliti of th 88. International cooperation and assistance. 89. Prot cti n of c ntid ntial information. 90. Communication prejudicing security. PART XVI NT P ALT 91. n£ r m nt SJ tion 92. Penalties. 93. Offi nc by b dy corporate. 94. Admini trative penaltie . 95. Appeals from decision of the.Board. 124 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 8 PARTXVJ1 USCELLANEO 96. Re gulations. 97. Mini t r may amend monetary penalties by order. 98. ransitional provisions. 99. Conflict with other laws. CBEDUL -Meetings and Procedure of the Board and Related Matters THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 125 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 9 T to provide for the safi secure and peaceful uses of ionizing radiation, protect per ons and lh.e en ironment against the harmful effects of radioacti e waste, establish the Radiation afety and ecurity Board and for connected matters. A.JUJU3 ho title and commeocemen [nterpretation. nacted by the Parliament of Guyana: PARTI p L AR 1. Thi' t may b cited as lhe Radiation afety and ecurity et 2023 and hall corn into operation on a day the Minister may, by ord r ap int. 2. Inthis et activity' rn ans ( a) th d sign, manufacture, construction, distribution, sale, loan, comm· ioning imp rt, exp rt, us eration, maintenance, repair, transfer, decommissioning or po radiation ource and equipm nt capabl f mitting ionizing radiation for industrial, education, research agriculture and medical pu:rp se • (b) the transport f radioactiv material or nuclear material; (c) the mining and processing o radioactive ores; (d) 11:ie . itting, construction, commi ioning, op ration and decommi ioning and closing down of fa ilities; 126 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 10 ) radioactive waste management acti iti of effluents; uch as the di charge (t) the clean up of it affi ted by r idu from past activities; and (g) any a tivity as defined in the relevant afeguards Agreement between Guyana and th IAEA; "authorisation" m ans th granting by the Board OT other regulating ntity of a licence under this Act or any other la • ''B d means th Radiation afi ty and ecurity Board established under section 6; cl an e' means th removal of radioactive material or radioactive obj cts within authori d practices from any further control of the Board; d commi ioning' mean all teps 1 ading t th rel of facility th r than a disposal .fi cility, from regulatory control other than confuming th decommissioned starus of a facility and the process of decontamination and di mantling; 'dis harge" me pla:nn d and controlled r I into th environment, as a legitimate practice within limits authorised by the Board of liquid or gaseous radioactive material that originates from regulated facilities during normal operation; di po "m the emplacement of radioactive waste in an appropriate facility without the intention of retrieval; THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 127 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 11 e lud d" m th d liberate exclusion of a particular category e p sure from th ope of this Act on the grounds that it is not c n.sider d amenabl tor gul.atory control; ex mption" means a) the d · rnrin tion by th Board that a sou.re or practice need not be ubject to som or all asp r gulatory con I on th basis that urc or p cti i too mall of those aspects· or •arrant th p lication 11 that this i th optimum option for p tection pcctive oftbc actual l vel of the dos or risks· 'e ort" mean th phy ical tr originating fr: m an xporting tate into an imp rting ta: , of nucl r th r radi ti material including urc ; cilitie " means nu 1ear facilities. irradiation installations mining and raw material processing facili ti su h as uranium mines radioactive waste manag m nt faciliti produc d, pr ce d, and any oth r places where radioaoti c material is d., hand! d, stored or dispo ed o~ on such a scale that con ideration f pr tectioo and ty i requir • und means the Radiation afety and ecurity und ·tabli b und-r ction 16; 128 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 12 'IAEA" means the International Atomi oerg Ag ocy tabli hed under its tatutes made at th Headquarters of the nited Nations, on 26th da of tober, 1956; "import" means the phy ical tran fer of nuclear or other radioactive material, including sources, into Guyana or to a reci icot in an ther tate; "inspector' mean a. pe on ppointed by th Mini t un er cti. n 11 • "intervention" means any tion intended r duce r av rt exposur or the likelihood of exposure to sources which are not part f a controlled pra ti r which are out of control as a consequence of an accident· international instrument' means the international treaties o wliich Guyana is a party in onn ti n v ith nu 1 weap ns and radiati n prot lion· 'ionizing radiation" fi r th purpo of radiati n pt t ction, m ra iation capable of producing ion pairs in biological materials; "Minister" means the Minister responsible for health; "notification" means a docwnent submitted to the B ard by a legal p rson to notify an intention to carry out a practice or other use of a source; nuclear facility" m ans a) any facility where activities or practices utilising nuclear material a.re conducted including a nuclear power plan ri arch r ctor, fuel fabrication plant, spent fu I torag fa, ility enrichment plan reprocessing facility or any other facility d termined by th Board; or THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 129 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 13 (b for th ptupos f th applicati n of IAEA feguards, a facility as defined in th relevant Safi guards greement b tw n Gu ana and the IAE ; n clear mat rial' mean (a) plutonium, uranium-233 or U(anium nrich d in lh isotop w-anium-23 or uranium-235 or any other material the Board d tennines should b cla ified as nuclear material; or (b for purposes of the application o 1AE safeguard , any cial fi ionabl material r source material a defined in the relevant Safeguards Agreement bet,. teen Guyana and the IAEA. but do not include the application of source material to ore or re re idu • "nuclear or radiological emergency'' means an emergency in which there is, or is perceiV< b a hazard due to a) the ncrgy ulting m a nucL ar chain reaction or fi m lh decay of the products of a chain. reaction; or (b) diation exposure; "opera or means any organisation ot person applying for an authorisation. or th t i autb ti ed or responsible for nuclear, radiation radioac ·ve waste or transport afi ty when undertaking activiti s or in relation to any nucl facility or source and include private indi iduals, governmental bodies, consign rs or carriers, licensees, hospital or elf- mployed per ons; "orphan source • means a dioactive ource which is not under regulatory control, ith r because it has never be n under regulatory control or becaus it has been abandon d, lo t, mispl c d, stol o or transferr d without proper authori ation; 130 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 14 practice" means any human activity that (a) introduces additional sourc path y • f . po u (b) extends expos to ditional people; r r cpour c m ifi the network f ure p thways from existing sources in a way that increases th exp sure or th lilcJ lihood of exposure of p op! or th number f p ple po d· ''radiation generate ' means any device electrically or otherwise capable of g o rating ionizing radiation uch as rays neutron electrons or other charged particles, that m J be used for scientific industrial or medical purpo ''radiation source means a radiation generator or a radioactive source or other radioa tiv: ma: rial ou id th nuclear fu I y I of r band er reac o • "radioa, tive mat rial means m rial d • gnated in the Act or by th Board as bein subject to regulatory control; radi active source means radioactive materiel that is permanently aled in a capsule or clo ely bonded in a solid form and that i not exempt from regulato ontrol and inclu.d any radio tiv material rel as d if th radioactive urce i leaking or broken ut doe n t m an material encapsul ted for di po al or nucl ar material within the nuclear fu I cycles of research and power reactors· radioactive waste" means material, in whatever physical form, remaining from pra lice or intcrvcnti ns and for v bich no further use i foreseen THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 131 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 15 (a) that con sins or is e-0ntaminat d with radioactive substances and has an activity or activity n eat.ration higher than tb level set for clearance from regulatory r quircments; and (b) xposure to which is not excluded under any applicab) la ; gistration ' means a form of authorisation for practices of low or moderate ri k wh ri by th p r n nsible for the practice has. as appropriate, prepared and ubmitted a afi ty asse ment of the facility or equipment t theBoard; afeguards Agreem nt'' means the Agreement sign on May 23, 1997 between the Government of Guyana and the IAEA for the Application of afeguards in connection with the Treaty for the Prohibition of uclear \ eapons in Latin America and th Caribbean and the Treaty on the on­ Proliferation of uclear W apons; "safet means the protection of people and the environment against radiation risks and the safety of facilities and activities that give rise to radiation risks; security' means the prevention and detection of and response to, theft, sabotage unauth ri ed cccs illegal transfer or oilier malicious a ts in ol ving nuclear or other radioa ti material r th ir ociat facilities· 'urc'm anything that m y cau radiation Xp sure by mittin i nizing radia ion or by releasing radioactive substances or material and can b treated as a single entity for protection and safety·purposes; "'transport'' means all op rations and condition associated with and involved in the movement f nuclear r orb r radioactive mat rial including th 132 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 16 Objectives f lhe ACL cope or lh Act. d ign manufacture maintenance and ~ pair of packa.ging. and the pr paration, consigning, loading, cam g including in-transit storage, unloading and receipt at the final d tinati n fload of such material and packages: et to (a Uo for th ben ficial and peaceful uses of ionizing radiation and its applications; (b) provide or the adequat protection of people and the n ir nm nt, against th harmful :ffects of ionizin radiation and for the afety and se urity of radiation sources; (c) establi h the Radi tion afety and ecurity Board for the purpose o exercising regulatory control over the peaceful use of ionizing radiati n- and (d) enable Guyana o me t its obligations under relevant international instruments ent into by Guyana, in particular the Agreement between Guyana and the IAEA or the application of eguards in connection with the Treaty on lh on-Prollil ration of uclear Weapons and with the reaty for the r hibition of ucl ar W pons in Latin America and the aribbea:n and any protocol thereto. 4.(1) This Act shall apply to aU a tivities and practi es involving the peaceful us ofionizing radiation conducted in Guyana (2) Th,i cl hall not apply t n n-ionizing our of radiafon or to tivities or p ctices involving expo ures that have n e eluded from regulatory control under any law. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 133 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 17 Prohibited activities. Establishment of the diatioa a1i ty ad ecurity Board. 5. l Th uses of ionizing radi ti n hall be for peaceful purpose only. (2) Any activities or pra.ctic relat d to the acquisition or development of nuclear explosives, radiological di rsal device or other non­ peacefuJ uses of nuclear or other radioactive material and tat.eel t hnology or assisting others in such activiti are r hibit cl Any person v ho c ntrav n thi tion mmi an ffence d shall be liable on indictment to a .fine of fiv million dollar: and impris nmenl for ten years. PART II THE RADIATIO AFE AND CURITY BOARD 6.(1 There is hereby established a body corporate to be known as the Radiation afety and ecurity Board for the gulatory control of activitie involving the peac fuJ use of ionizing radiation. (2) The Board shall consist of the following seven mem rs appointed by the Minister ( ) a repr entative o th Ministry respon i le for Health· (b a representative of the n ironmental Protection gency; c) a representative o the Guyana Revenue Authority; ( d a represen1ative of the Ministry responsible for Labour proficient in the area of occupational health and safety; (e) p lice officer from the pcci 1 Organi Crime nit; d (f) two oth r person qualified in any fthe following (i) clinical n logy; 134 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 18 ii) radiology; or (iii) petroleum engineering. (3)Th Mini t r hall appoint a member of the Board to be the hairperson of the Board and another member to be I.he D p ty Chairp on of the Board, 4)Th m mbers of the Board hall be appointed y the i ter or such period not exceeding two years as may be specified in their lett rs of appointment and tb m-mb rship of th Board as fi t ;very chaog in the membership thereof shall be notified in the Gazette. {5)Th appointment ofm mbers to th a.rd hall be staggered, b making the first appointment of any three membe ·, except th hafrperson, for one year only. (6) The munerati n doth rtermsandconditioo ofappoiotm nt f mem rs of the Board shall be uch as may b d termin d y th Mini er. [!) A member of th Board, who is a public officer, shall have and oia c ercis in like; mann r al1 th po rs conferred upon an inspector by this (8) Wh re a vacancy arises in e membership of the Board or a member of th B ard • t mporarily absent or incapable of performing the memb r s duties because of illness or other aus , the Minister may ap inl a person to ace in the pJa of eh t m mb r during the p riod of th vacancy or the p riod of ab nee or temporary in<:apacity. (9) person appointed to fill a vacancy shall hold office as a memb r fth B ard r the un ·pir d ~ rm of the p rson's pr decessor. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 135 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 19 Meetings and proccdme of the Board. Sclledule Functions oflhe Board. 10) A member of the Board may at any time resign from m mb hip on th Board by notice in writing to the Minister. (11) be Mini -r may at any time revoke the appointmenl o a membcrofth Board if the member (a) is declared bankrupt in accordance with the laws of Guyana or any other country· (b is for whatever reason l.nc-apable o performing or unable to perform their duty as a member ( c i bs ntfrom thre uti m eting 'lh utl v, fth Board· (d i convi bi ri to imprisonment for term of six months or more; (e) a ts in a manner that brin the Board into disrepute; or ( fails to di clo an interest in a matter for consideration before the Board and participate in the deliberations of the Board in respect of that matter. 7. Th p vi ions of the chedul shall b ve effe t in relati n to the meetings and procedur f th B ard and th r relat m 8. Th ncti ns of the Board shall be to ( ) i the overnment 1n the d :Velopment of national policies and measures for the regulatory control of activitie and practices governed by this Act; (b) establish standards for the prot tion of indi iduals, society and the environment from potential adverse effects of ionizing radiation· 136 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 20 (c) issue, amend susp nd or vok li nc and set c nditi n ti r practice and activities involving ionizing radiation; (d) define mption from regulatory control; ( e) inspec monitor and ti • tie and pnwtices for the purpose of verifying compliance with this A t and th L rm and ndition • of licence ; (f) tak enforcem nt m asures in the event of non­ complian with thi. Act r Lh t nn and nditions of licences; (g) d fin the obligati • ncluding financial o of persons or entities authorised to conduct ac ·vities or practic ; (h) ensure that corrective ac • ons are taken if unsafe or p tenti Uy uo afi conditi are d t c at any loc tion where authorised activiti are conduct (i) confinn tho omp tence of rsonnel p nsibl forth safe operation of a facility activity or pr ctice; G) e tablish a eh duJe of fe or barge for authori ations in ccordance with lh financial rut and pro dures o Guyana; (k. obtain the ad vice r view o experts n.ecesSHJrv for th perfonnance of its functions including through the hiring of consultants, the contra ting of specific projec , or the tabli hrn nt of p nnan nt or ad hoe committees; (1) d fin lh p a t j ni ing radiati a that are excluded from the scope of application of this Act because they are not amenable to regulatory control; (m ta li h and main ain a national re ister of radiation sources· THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 137 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 21 (n) establish and maintain nati nal regi t r of persons authorised to carry out activiti or practic under this et; ( o) co pera e with the lAEA in the application of eguards in accordance \vi1h the afeguards greement, and any protocol thereto betw en uyana and th IAEA. including conducting insp tio and visi carrying out complementary acces and providing any istance r information required by designated A ins-pe tor in th fulfilment of their responsi biliti (p) e ablish and maintain a system of accounting for, and control of, nuclear material and a nationaJ ystem -fi r the registration of licences for nuclear material, and to est blish the necessary reporting and r ord keeping and requirements pursuant to the Safeguards greement, and any protocols the t twe n q) establish and imp] m nt in coop rati n with vemm nt mini trie and ther cntitic a y tern of c ntrol r th rt and imp rt of nuclear and other radio tiv mat rial, ourcc equipm nt information and technology determined to be necessary to implement relevant international commitments of Guyana; (r) e tablish regulatory measures for the security of nuclear and other radioactive material and their associated f1 iliti including measures for tb detection pre ention and re ponse t unauthori ed r malicious ac involving u b material, or facj)iti • ( partici ate in th definition f tb d ign ba is threat fi r th • plementa ·on of ecurity pr vi ion ; (t) cooperate with oth r relevant ag nci ' of uyana in establishing and maintaining a plan for preparedness for 138 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 22 and r sponse to emergencies involving nuclear or other radioactive material in a c rdanc with th national emergency response plan· (u) mmuni t directly with other govemm tal boclie in all clrcumstanc it considers necessary forth effi ti exerci e of its func1i n • (v) carry out or arrang for lb con uct of research on radiation safi ty and , curity oe ary to implem nt its functions; (w coop rote with other govern.mental or n n-go ernm ntaJ bo<li having compe: nee in such ar as as health and safety environmental pro ti n. security and transportation of dangerous goods; ( ) e chang inform tion and cooperate with regulatory bodie in oth r tates nd with r 1 van int mational organisations cone ming matters arising from th e • e o·f • function ; (y) tablish appropri t m chanisms and procedur for in; orming nod consulting the public and other stakeholders about the regulatory proc and th at1 ty, b th and environmental aspe ts of regulated activitie and practice , including incidents, accidents and abnormal OCCWTen (z) obtain information docum,ents and opinions from priv te and public organisations or persons as may be necessary and propriat or th conduct ofi functions· ( a) sen itise li ns s ab ut their respoa ibilities under th Act and the regulatory proc ; and (bb) conduct any other functions that are neces ary in its op1D1on o protect people and the environment of Guyana. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 139 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 23 Cooperation 9. l ubject to subsection (2) the conferral of pow rs o b O th Board investig tion upon the Board by this Act ball not be construed as affecting tb and lh r authoritie . ff and experts of the B ard. exercise of any functions relating to the investigation or prosecution of offences or oth r unlawful conduct conferred upon any other investigative authority, wh th r tb fun ti ns are imilar t tho powers r n t (2) Every inv tigativ :uthority ball in crci of it function cooperate with the Board. (3 The Board ball p rate with an in tigativ authority in th exercise of any functions c nferred on the investig tiv auth rity. Th Board may provid copies of any documents and share any oth r information which it receive arising from the performance of its functions under this Ac with any inv tigati auth ri . (5) The Board may cooperate and its cooperation may includ th provi ion f copie of any documents and the sharing of other informati o referred to in ubse ti n (4), with any la enforcement agency or regulatory authority in jurisdiction id uyana wb, re the Board is atisfied that the law enforcement agency or regulatory auth rity~ (a) bas requ ted (b) will use documents or other informati n in furtherance of those responsibilities lating to ionizing radiation, nuclear technology, weapons of m d tru tion or the proliferation financing thereof and t1 r no other purpose. 10. (1) The Board may emplo uch per ons it consid rs necessary for the du and fficicnt performance of its functio' under thi et on any terms 140 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 24 Appoin1menl of lnsp rs. and condition as are agreed upon between the Board and th p o and ubj t to app val of the Minister. (2) The Board may at any time, retain the services of experts and other professional persons including consultants, having specialised knowledge levant to the Board s functions and may pay such persons any remun ration in respect thereof as the Board. with the approval of th Minister, may deteonine. 11. The Minister may appoint suitably qualified persons to be inspectors for the purpose of this Act and notice of any such appointment shall be published in the Gazette and hall be officially and judicially noticed. lmmunity of 12. No action suit, prosecution or oth r proceedings shall be brought or members and staff instituted. against any member of the Board or person employed by the Board in flhe Bo rd. Ols(I urcof intere Secre rl t oflhe Bo . t of anything done in good faith in the execution of the provisi ns of thi Act. 13. (1) A member of the Board shall dj clo in writing any p onal interests or otherwise that the memb r has in th a tivitie or practic r gula ed y theB ard. 2) member f lb ard wh h an interest in a. matter for consideration shall a) di los th nature of the interest and the disclosure shall form part o th record ofth con ideration of the matter; and (b) no participate in the d liberations of th Board in respect of that matt r. 14. Tb Mini ter shall establish a secretaria which haJJ b res nsibl or carrying out th dministrati functions of the Board. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 141 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 25 inlsteri I directives. Est blistune11t of lhe Radillti n afety and ecurlty Fund. Application of fund. 15. The Minister may, in writinSe giv; policy dircctiv that are onsistent with the provisions of this Act to the Board and th Board hall gi e effect to those directives. PAR ID IALPROVI IO l6. (1) There is e tabli hed th Radiation afety and ecurity Fund for the purpose of discharging tb fun tion f th ard uod r thi t and whi h shall be maintained by the Board. (2 Th Fund hall n ist • (a) su h um may b p id t th ard byorun r an appropriation law; (b) such fees as may be charged by the Board for ervice rendered by it; and c all other sums or property which may in any manner be received by, or become payable to or be v ted in the Board in the p rformance of its functions or in respect of any matter incidental to its functions. 17. The mon in the und shall be applied in defraying the following ex nditurc ( a) the remuneration and allowanc f. (i) mem rs f th ar ; ani (ii) any otb r r n r tained or appointed by the ard or Minis r und r this et; 142 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 26 Charging of fees by the B rd. Account and audit. p. 73:01 • emption r, m taxation. Annual report. (b) research and development projects, training and certification and other related m c) any oth r exp nditure uth c· eel by the Board in the performanc of its functions. 1 . Th B ard may charge fees for any servic rendered by it under this Act. 1 . (1) Th Board may, for the purpose of carrying out it: functi ns under this Act, open and operate any type of coun with any bank in Guyan . (2) The Board shall eep accoun o i tran: ction to th saris a tion of the Minister and th accounts hall b audit d annually by an auditor appointed by the Minister. 3) The m mbe offi.c and tb mplo of the Board hall grant to th auditor appointed un r sub ti n (2) all boo documents cash and uriti f the rd and hall give to the auditor a request all information as m be within their knowl dge in relation to th operation fth B ard. (4)Tb provisionsofthis tionarewithoutprejudic tothep" o the udi or General under tb udil Act to audit the ac ounts f th oard. 20. The Board shall be exempt from all taxation including customs duties, capital gain incom and property tax. 21. The Board shall submit a report annuall to th Minister with.in three months after the end of the calendar year on the activities of th Board for th previous year corn encing one year-after the coming into operation of this Act THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 143 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 27 otifi ation. Limitation on activities and pra.cticcs. PART IV OTIFI TIO G 22. (1) n p rson who intends L ngag in an tivity or pra ti ther than th mining of uranium or thorium o a pr vid d for under Part hall o tify the oard, in writing, of its intention to carry out uch activity or practic in the form and within the time limits required by the Board. 2) Upon re ipt of a notificati n und c ub ection (1) th Board shall within seven days after receipt, decide b r th pro d practice or a 'vity require a li nc . (3) Wh rd d tennin und r ub cti n (2) that (a) a lie n e is n ary th , ard hall inform the per n, in writing, t ubmi an application in ace rdanc with ction 24; or (b) a licenc is not necessary, the Board shall inform the person in writin& of tha determination. 23. (1 ubject to the provisions of this Act and except pursuant to a Li n e, Ill per on shall engage in any activity or practice. (2) Any p rs o wh c ntra and shall be liable on summary c viction thi se tion mmi an o nee a in the case of an individual to a fine o one million dollars or imprisonm nt or ix months; or (b) in the c ofa body c rporate a fin of five million dollars. 144 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 28 Applfoation procedure. 24. (1) very person who is required to apply to the B ard for a Ii nee hall do in the manner and form pre cribed by the Board. (2) The application shall b ace mpanicd by th pr crib application fee. (3 The Board m y requj the applicant for a licence to pro ide any further information that it con id nee ssary to decenn • e the application. ubrnlssion of 25. I) Th Board may in ·writing require the appli t for a licence fcty and curity to su mit pl a. ur t wbi h th applicati n relati ; or (b) a nuclear security pi~ in resp et of any radioacti e urc t whi h th application relates: Provided that wbere the application is for a possession licence the Board shall, in writing, require the applicant to submit a radiation sa.£1 t plan or a nuclear security plan, as applicable. (2 A plan under subsection (l) hall demonstrate b w th applicant intends to comply with the fundamental principl of safety and nuclear security that apply to the sources and the ther requirements f lhi A r and any appLi able codes of practice. 3) Th content and format of a radiation safety plan and nuclear ccurity plan.. may b p cribed y regulations. Publication of 2 . (I) The Board shall m e publicly available on its official website He osing proc 5• information on the licensing process including THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 145 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 29 (a) the identifi ti n f activities or practice requiring a li nee· (b) procedrues and schedul fo application. con.siderati n and issuan fli nces· (c criteria to b considered in licensing d i ions and their legal basi including a requirement that an plan tion of the rea ons for rcj tion f a submission shall be provid d to the pplicant; d) conditions or qualific.ati that shall be met by the applicant :fi r lie n e; e proc ures and requirements or public participation in the licensing proc (f) procedure and requirements for the releas of information concerning licensing proceooin including measur r the protection of classified and proprietary information; g) a descrip • on f any ti required for licences; and (h) the types of activities or mctio requiring publi consultation prior to appro al of a licence. (2) The Board shall implement appropria means f infoaning persons in the vicinity of th propo d a tivity or pra ti the public and oth r interested parties and the media about the safety aspects including health and environmental aspects, of facilities and activiti and ut gulatory processes, and consult parti in th vicinity th publi and th r interested parties es appropriat in an 3 The Board hall establ' b app pri m an of inf◄ rming and co parties and th public about the po ibl radiation risks a iated ith faciliti and activities. and about the processes and decisions of the Board 146 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 30 Refus I of applic tion. Conditions of Hce11ce. 27. (I Th Boar hall no issue a licence wh re a) th application contains or is based on a false or misleading rep entati n r information which is false in a material particuJar (b the Board has d term.in on reas nable grounds that 1 the activity or practice cann t be conducted in a mann r that adequately ensures the protection of people and the environment· or (ii) th activity r p ctic will not for pea eful purpo c n i tent \.vith the obligations of Guyana und r r I an international instrumen , as a propriat ; (c) the Board is not satisfied that the applicant is suitably qualifi or fit and proper to be a licens ha: iog regard to uch criteria as the Board may prescribe· (d Lhe applicant h not developed an appropriate m rg n y prepar do and response plan approved by the Board; and ( ) th applicant has not complied with this Act including any subsidiary legislation made under the Act. (2) Where the Board refuses to grant a licence it shall inform the applican in writing. stating the reasons for the refusal and the right of appeal under section 95. 28. (1) Th grant f Ji n e i mpLi with uch t rm an conditi n th oard may spe • :/• THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 147 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 31 (2 • non-transferabl and only alid for lh p riod specifi d in th licence. (3 A licence shall c ~ to be valid when any time limit establ' h by regulations or condition of licen • has expired. R! walof 29. l)Alicenseemayapplyforrenewalofalicenceinth p cribed lic.:noe. odilicatioo of U n . Relin ui hm nt of licence. form and shall pay the prescribed ii ithin thr months prior to th expirati n of the licenc or ucb longer peri (2 A licence shall be ren w d if lh Board is satisfied that a there i c otinu d c m Hance by the licensee with thi c· there b enno material change in the circum tanc which existed at the time the licence was granted: and c) the licensee bas satisfied such other requirements as may be pcescrib . 30. (1 The Board may m dify a lie a on its own initiative or on the applic tion of th licen (2 the imposition. modification, or the rev • on of condition o the licenc . (3) m difi tion raJc ffect at the tim of receipt of m dification, in writing by th licens e or at any later time may be specified in th notifi ation. 1. licence may be relinquished by the lie n up n noti to th Board and upon etermination by the Board that reJinquishm nt ,¥ill not j pardi th protection of people r the environm nt. 148 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 32 uspension of licence. that 32. (1) The Board may suspend a licenc v here th Board detennin (a) the licensee bas breached any provisions of this Ac any subsidiary legislation made under the Act or any condition of the licence· (b) the conditions under which the licence was issued can no longer be complied with; or c) continued activity or the practice under th licence would po e an unacceptabl risk to people r th environment. 2) Where the Board intends to su pend li n e, th JSSU to the licensee a Notice of usp nsion whl h ball ard hall a) contain informati n detailing (i) the areas in which th.e licensee is not complying with this c any subsidiary legislation made under the et or any conditions of the licen e· (ii) the correc • ve acti n whi h i quired to be doru forth lie n to be compliant \vith this et, any appli 6le ub idiary legislation and th condition of the licence· and (ili)th tim frame under which all corrective actions should be compl ted; and (b state that failure to complete the required corrective actions may ult in lh uspen ion r revocation of th licence. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 149 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 33 Revocation of licence. (3) Whe a licensee is unabl to complete any of the correctiv actions in th timefram f uspension th licensee shall inform the Board and the B ard may xt nd th peri sp ifi d in the Notice of uspension for th lie n to comply. (4) ubj t cti n (3) wh a lice fail to mpletJ any of the correcti e action sp citied in the otice of uspension within the tim fram spedfied, tb B ard may uspend tb licence. 33. (1) The Board may vo~ a li n (a) in the cas of an individual, the li n has died or b since th grant of th licence uffered from a mental or physical condition -. hich rend rs the licensee incapable of properly carrying out th activities or practices to which the licence relates; the application for the licence, or any communication in relat.fon to th lie nee contains any fals or misl ding information or omits any material particular: ( ) th lie ns h fail d to rem y th b eh which gave rise to the susp nsion of th licen v.,jthin th time specified in the Notice of u d) the nature and scope of the o rations of a facility have b n so altered a to cau the area approved for radiati n activity cility for et; (e) anyfe roth r harg payabt ,und rtbisActaodany sub idiary 1 gi lation m de under the Ac~ by the mains unpaid for a period of ninety days u ensi n of the Licence; or 150 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 34 Fal eor misle log in omuttion. Public tio of informa • on. Responsibilities of th uthorised person or entity. (f) any oftbe ground m tiooed in section 32 (1). (2) fore revoking a li :nc und r thi ction. the Board shall notifyth licen , in writing of the propo ed r ocation, stating the reas ns f1 r the re o tion. (3) Where a licen,oc h b n r voked th licensee shaU c all practices and activitie under the licence. (4) The susp nsion or revoo tion of a lie nee shall not relieve the lie of the responsibility for the fi ty and security of the facility the radiation ources or any other radioactive ma erial. 34. Any applicant under this Part who intentionally mi leads the B ard by pr iding fal or misleading infonnation to the Board commits an offen ~ and shaU on summary nviction be liable ( a) in the • of an indi • dual, to a fine of five hundred tho and doll ; or (b) in the case ofa body rp rate t fine of two million dollars. 35. The Board shall mak publicly available on its fficial web i a statement providing infomiation on th p d~ and r quir mcnt f◄ r suspension, modification, n wal r r linqui hm nt 36. l) y p r nor entity licens d to conduct an activity or pmctic ball bave tb rimary 11 ponsibility for the safe and secure conduc of that ctivity or practice and for ensuring compliance with this et and all applicable gulatory requireme and conditions of the licence rela d to that activity or pra ti . THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 151 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 35 Inspection programme. Power of inspectors. (2) Any person or entity licen d to conduct an activity or practice h 11 provide lh B ard with any request ass· tanc in the performance of its regulatory functions. (3) Any person or entity ceasing lioeo ed activity r pr cticc hall inform the Board prior to the cessation of that activity or p tic . PART PECTIO 37. (I) The Board shall establish an inspection programme to monitor compliance with the requirements of this Act, including any subsidiary law made pursuant to .this Act, and th terms and conditions of an licence i sued plll'suant to this Act 2 The Board shall establi h qualifications :fi r inspector and a training pr gramm to ensure a high l vel of comp t nee or in p cto . (3) The Board hall have the authority to ation inspectors at the sit of an activity or practice~ he thi i d tcrmined ro b nee (4) Th ard hall o ure that the inspection programme is suppo eel by a quat financial t bnical and human re urce to m t i obj cti 38. (1 Any inspector may, for the purpose of executing the purposes o this c and subject to the direction of the Board 152 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 36 (a in pe l :acilities and activiti to verify compliance , ·th this c applicable subsidiary legislation and conditions of licence· (b) enter an premis and vehicles at a reasonabl time with or ithout oon nt f lb • wn r. (c) tain information about the status of th radiati n safet and urity of any premises or facility wb re a tivitie or practic are carried out; d) inv ·gat any incid nt or accident involving nuclear mat rial or radiation ources; ) qu tion any r n wh has duties which in the view 'Of the authorised representatives of the Board may bo p rtin ot to th inspection being carried out; (t) examine any books docllDlents or other ords found in any premi r vehicl which on na le grounds the inspector believes contain or are likely to contain any information rel ant t the nfi re m nt of this et and make copie t.bJ reof or extrac th refrom; g) confiscate unlicensed devices; and (b) perfi rm u b other function may b pr ribed r as may be authorised by the Board for the pw-poses of thi et (2) In ddition to the p we et o t in sub cti n ()) r tb purpose of carrying out th provisions of this Act. all inspectors shall have the same powers, authorities and privileges as are given by law to members of the uyana Police or-ce. (3) An inspector may at any time take for analysis THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 153 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 37 Orders of inspectors. ( ) ufficicnt samples of any material which the inspector suspects to be contaminated· or any uipment which the in -et r us cts to be defective. (4 Whenever pmcticabl reasonable n ti that an inspection is to b carried out should be provided by the Board, except in the vent of emergencies or unusual oc urrences or wh - unauth ri ed activities or criminal violation may have occurred, in pection may b condu ted immediately or upon hart notice. (5 Insp ction results shall be docum n and r ord d, and be made available to relevant officials and licensed a basis for corrective or enforcement action in particular s r fi r d velopment of the regulatory process. 39. (1) In any cas wher an inspector has determined that an a tivity or practice is being conduced in violation of this Act, any subsidiary legisla: ·on made under the Act or the tenns and conditions of a licence and poses an immediate risk of injury to persons or substantial damage to property or the environment, the inspector may (a) immediat ly order the temporary suspension of th activity or practice; (b) order the authorised person or entity to prohibit workers who do not meet applicable requirements from engagin in the activity or practice· or c) order that nuclear or radioacti e material riginating from a suspended ctivity or practic b afely and securely stored. 154 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 38 0 ructing or hinde-ring n in. pector. 2 Decisions taken by inspectors under sub ction (l) hall continue to in force unless and until containing (a) withdravm by th inspect r; (b) reve ed or m dified y a tion of the Board; or (c) re d r quashed by an order of th High Court pursuant to section 95. 3) In cases of an ord r f an inspector a report shall be i ued (a) r I vant .findings and identifying th vid ntiary b i for the findings; (b) m urements; c) l h ul ; (d) e other information deemed re1 vant by the inspector. (4) Th r port mentiooed in subsection (3) shall be made avail ble to the license hall have th right to ubmlt x:p!anations or objections within thirty days of the issuan e f th r port. 40. Any p rson wh obstructs or hinders an in ctor in th carrying out of the inspector's duti und r this Part commi ao offenc and hall h liable on summary c nviction (a) in th cas fan individual fin of on milli n dollars; or (b) in the case of a bo y corporate, to a fine of five million dollars. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 155 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 39 Fundamental prineipl of radiation protection. Regul rory control of radiation safety. PART VI RAD IA TIO PRO 41. The following fundamental principle of radiation protection shall apply to all activities and practices conducted in Guyana ( a th ju tifi • on prin iple that i to a , no cti ity or ra ic hall unle it produce uffici nt n fit to . po d p n or to s iety in a mao.n r that ffsets th radi tion hann that it may caus co id rin cial con mic and lh rrel vanL fat r • (b) the optimisation principle, that is to s y in relation to radiation exposures from any particular a tivity or praccic radiation protection m swes hould ensure tb d lh awn er of pe ns expo ed and the likelihood of incurring e ure e at all rim kept as low as reasonably achie abl c nsidering social and economic factors; and (c) the dose limitation principl tha is t tivitie and practices shall b oondu ted in a manner that ensures that the otal dose th t a n may experienc doe not exceed any prescrib d do limit, so that no person is subject to an unac ptable risk attributable to radiation e p ure. 42. (1) The Boar-d m y, in consultation with th Minister, make regulations for 156 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 40 Radi tioo proccetioo requirem ts f◄ r licences. ns from injury du to x.posur to ionizing radiation· and (b) the required doe limi for persons that may not b e ceeded in conducting activitie under regulatory control. (2) Any do e limits shall take into account th reoomm ndations f th IAEA and the International mmis i n on Radiation Protection. 3) The Board hall identify urc or practices to be e empted from r gulatory control based on the foll wing criteri ( a that tb radiation risk for ufficiently low to be of no regulatory concern; (b) tha the collective radiological impact is. sufficiently low th t regulatory c ntrol is n warranted· and c) that the source or practic i consid red to be inherently safe, with no likelihood of situations that could result in a failure to me t th criteria in paragraph (a or (b . ( 4) Th B ard shall e ta Lish learaoce I which radioactive material rradioacti e obj t within uthoris practices can be released from gu)atory control. r valu b lo tiviti and 3. (1) Th Board hall issu dir cti e for radiation protection requirements that shall b m t for any activity or practic an be licensed. (2) Th requirements hall in lude th c the licensee THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 157 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 41 (a) possess an dequat understanding of the fundamental pr" iple of radiation prot tion· (b) talces all steps necessary for th p tection d afety of workers and the public by keeping dos s elow the relevant threshold and ensuring that all reasonable steps are taken to minimise adverse effects on the population at present and in the future; (c) plans and implemen th technicaJ and organisational measure nece to ensure ad quate safety, including ffi ctiv d fen gain t radiological hazards; d) prepar s and imp! ments an appropriate em rgency plan; limi tabli hed b the Board and that th B rd monit IS th radiation e posure of or'ker • (f) pos esses adequate human and financial r utoc t conduct the propo d activity or p that nsure afi and curity· ina manner (g) makes adequate .financial arraog m n t1 r • ast disposal, decommissi ning and pot ntial liability for radiological or nu lear damag • (h) provid s a c by insp ctor of th oard to locations fi r the p rfonnanc of their duti ; (i) doe not m dify its conduct of any licensed acti ity r practice in m.anni r that could affect the protection of wo:rkers. the public or the en ironm · nt without seeking the approval of th Board; and (j) provides, upon requ tor pursuant to th requiremerr in this Act and any oth consid r d n ce r l ant law, all information ry by th Board. 158 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 42 Responsibilities of licensee to en ure diation protection. Medical practices. 44. (1 Th licensee shall be primarily responsible for ensuring safety in activiti involving ionizing radiation. (2) Th liceos and any oth r r n having p osibili for afcty shall nsur compliance with th requi m nts and d limits c tabli bed by the Board and shall ensure that radiati n do to wor er and th public including do es fr m r leas hiev: ble taking into account into the environment W'C as low as reasonably ial an con, mic factors. (3 The license shall appoin a radiati n prot ction ffio r wh shall ensure that measures are implem nted to safeguard the us· of all nidiation material or designate a member of the licens taff to perform the function of a radiation protection officer. 4 . ith respec to medical practi th B ard may in consultation with the Minister, make regulations prescribing the following (a Lhe qualificalion and training of users; (b) measur or die protection of persons using radiation producing equipm nt and radi nuclides; c measures to protect patients, including the justification of practic and optimisation of exposures; d) d ign and performance crit cia for radiation pr ducing equipm nt and d vie c nta.ining r· di nuclid • and e) mea :ur for the safety and security of radioactiv sources. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 159 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 43 Protection of ReauJatory control ofradi ·ve OUJ'CCS. 46. lie nsee who operates a fucility comprising a medical practice hall n ure that o patient is administered a diagno tic r therap utic exposure un1 s the exposur is prescribed by a medical pra titioner who i ig ed th primary task of and obligations for ensuring ov ralJ ati · ot protection and safety in the prescription of,, and during the deli ry o:t: m dical e. p sure . PART VII RADIO TIVE OURCE 47. 1) The Board shall establish a system of control over radioactive sources and de ices in which the sources are incorporated to ensure that they are afely managed and securely protected during their u fu1 live and at th end of ir useful lives. (2) Jn ocordance with guidan th Board hall adopt a categorisation of sour ba ed o the p tential inju.cy to p pie and the environment that could result if those sources are not safely managed or securely pr lee d. 3 In ccordance with the international obliga ·ons and commitm n of u an • the Board hall, after consultation with the Commi ioner G neral of tb uyana R venu uthority, establish a list of goods subject to contr l r purpo f import and ort from Guyana. Responsibility for 8. h primary ponsibility for ensuring the e and secure use of afcty nnd security radioactive sou.re s rests with the person or entity possessing a licence relating of radi ctive to such source . sources, 160 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 44 donal regis er of radioactive sources. Export and Import ofradi 'vc ourc . R ry of orphan source . 49. I) The Board hall establi hand maintain a national register of radioacti e sources and th f radioactive sources requir to b included in the national r gi ·ter. (2) The B ard shall adopt measures to pr tect information contained io the national register to enswe the safi ry and urity of the sou.re . SO. 1 The Board may, with th approval of th • nj ter and in consult tioo with the Commissioner General of the Guyana Revcnu uth rity, male regulations setting out the requirements and procedure r the lice ing o the xpo import and transit of radioactive sources fr m, to or through Guyana. (2 The procedures tablished und r su ection (1 hall p vid for an evaluation of infonnation to ensure that a recipient is authorised to re eiv tb ur and has the c pa.city to ensure its safety and ecurity. (3) or applications to export high level category of sources as may be pr cribed~ the Board shall satisfy itself. insofar as practicable, that the importing tate has the appropriate technical and administrative capability, sourc and regulatory structure for the safe and secure management of the u sted sources. 51. (1) The B ard shall require authorised pc ons to promptly report any lo of ntxol vcr di a tive UICe r any lb r "tualion or incident in connection with radioactiv SOUl"C that ma a igni:ficant risk of diologicaJ injury lo pc or ub tantial dam g to p perty or the nvir nment. (2) The Board shall coordinate the devel pm nt of a national strategy or promptly gaining or regaining control ov r orphan ur THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 161 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 45 Auth rlsati n requiremenL Regul lion of nucl facilities. (3) The national strategy hall b c rdinated with the appropriate public~ ci in luding Ministries, and approved by th Mini er. TYOF PARTVIII LEARFA ILIT G 52. (1) p on hall without obtaining a licence from the B ard (a) c nstruct or operate (i) a n clear facility or conduct related activities· or (i-i) a nuclear research reactor or any related nu }ear facility; or (b o du t activities specified by the Board or practices associated with operation of a nucl cility. (2) The licensee shall bear the primi responsibility for nsuring th safety and security of the facility and of all activities and practices associated with it. 53. 1he oard, with the approval of the Minister, may make regulations for tb. e following (a the evaluation process or candidate sites for nuclear reactors; (b) the application proces for the construction and operation for nuclear pow r rea to (c) preconstmcti n r ·ew nd a m nt f nu lear powrrea ( d constru tion and reviev and assessment of nuclear power reactors· 162 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 46 Requ.frcmcnl for emergency preparedness and response plans. ( e precommissioning view and assessment of nu I ear power reactors· ( the procedures for informing and of the public, including p of a proposed nuclear facility· nsulting members iding in the vicinity (g the regulatory control and manag m nt of research reactors ; (h) th d mmis ioning of nuclear facilities; (i) the re po ibilities o the licensee in d ommi i !ling· G) a m for the authorisation of per ons to condu t activitie r practices sociated with the operation of nuclear faciliti • (le) the qualificati n f nuclear fl cility opera ·; and (I any other thing the Board n id ry t gi effect t the pro i ion f thi Part. PART I EMERG PREP p E 54. (1 An app1icant fi r any licenc under thi ·hall cv lop an ubmitted as part appropriate emerg n y preparedn end r ponse plan to of the application and consid by 1h Board, the approval of ~ hich is a condition of the grant of the licence. (2) ', ere the Board approves an emergency preparedness and response plan tablished by a licensee, and a radiological emergency occurs the licensee shall imp! ment that plan. (3) In the preparation of emergency plans the following shall considered THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 163 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 47 (a) an assessment f the nature, likelihood nd potential magnitude of resulting damage including the populuti n and territory at ri k fr m n ccident. malicfous act or incident" (b) thi results of any accident analyses and an l sons learned fr m p rience and incidents and accideu that have occurred in connection with imilar activiti orp cti • and (c an oth r consideration the Board finds nece ary. (4)An emergency preparedness and respon plan ball in Jude (a) a requirem nt that th licensee hall immediatety notify the Board of any ituation or in id nt tbat uJd po e a risk of radiological injury requiring an em.erg ncy interv nti o • (b) an allocation of r pon ·biliti for notifying rel vant emergency intervention and r p ns rgani: tion and for initiating intervention; (c an id ntilicati n f nditi n that c uld create a need for emergency intervention; (d intervention levels for protective actions and the scope of their application co id ring th p iblc verity o emergencies that could occur; (e) p ures, • luding c mmunicati ns arrang,m n: for contacting and obtaining assistance from emergency interventi n organi ati n • 164 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 48 National pi for radiological r nuclear emergencies. ( a d cripti a of the methodology and • trumentation for sing an emergen y situati n and its co qu nc ; (g) crjt ria for terminating each prote ti e acti n· (h provisions for training of m rg ncy responders and for nducting practical exerci ap ropriat to test the adequac of the plan and Lo ensure that all parties th t may be involved in em rgency interv ntions are ad quately informed and prepared fi r po sible mergencies; and i) provisions for providing prior inti rmation to members o th public who could reasonabl be x t d to be affected by an emergency. 5) m rg ocy preparedness and response plans shall b periodical! r vi wed, updated and te ted. 55. (1 The Ci il D fun Commi i n, in c nsultation with the Boarcl. shall develop a atiOl'lal Emergency Preparedne s and Radiological and Nuclear Erne 11 e pp esponse Plan for y the abinet. (2) Jn de el ping the atiooal m g ncy Preparedn and Respon Plan for Radiological and Nuclear Emerg nci th Ci il D fi nee Cornmi • on and th Board shall coorclina with other rel vant government Mini tri and Agenci R! gional uth riti members of the priv t sector and o n-go emmental organisatio11S. (3)The National Emergency Prepar dness and Plan for Radiological and uclear Emergencies shall consider any other national policy dealing with disasters. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 165 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 49 ransbound cmerg ncie. Regulation of mining and p ing. Cap. 65:01 4) Th ational Emergency Pr par d.n s and Response Plan for Radiologi • I and Nuclear Emergenci hall n of responsibiliti and a tions among rel ant governmental and n n­ govemm ntal bodi including a:rrangem nts .fi r communications and ublic inform ti n. 56. (1) The Minister shall where radiological or nuclear mergency a risk that radioactive contamination may spread beyond the boundari of Guyana, notify the IAEA and the rel vant authorities of any State which is or may be physically affected by a rel e that c uld b of radiological significance f◄ r that rate. (2) The Board sbaU serv a th point f c ntact for providing any infonn tion or assistance regarding nu I ar or radiological emergencie und any international instrument that u ana is a party to. PARTX MIN G OF RADIO RI 57. (1 An application to conduct mining or r c in activhi involving uranium or thorium ore from a si hall mad in accordance with the procedure set out in the Mining Act. (2) e Minister respo ible for mining may make regulation governing the conduct o activiti relating to mining an processing operati n involving materials that could pose health and safety risks from exposure to ionizing radiation. including the following (a) any exploration activity involving possible exposure to radiation; 166 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 50 Application for mining licences. Cap. 6.5:01 (b remo al of uranium or thorium & m a it:e for testing or valuation. unless exempted; (c . avation activities at a ite, includin at t mini or valuation or delineation of the ore b dy; (d) siling, construction or operation of a mine or proc ing facility; (e) transport of the product of mining or milling activitic • (f) decommi "oning or clo ure of a mine or proces ing facility· and (g radi acti v w • manag ment. (2) Th Guyan system of monitoring and • pection regulations made pursuant to this section. Commi ·ion shall establish a erify complianc with any applicable 5 .(1) In dition to any other information required under the Mining Ac applicant for a mining licence conduct mining or proces i:ng activiti ' involving uraniwn r thoriwn or fr m a ite, •ball p vid infonnati n n th folJowing (a mining leases· (b) it characteri ics including geology and mineralogy· ( ) . icing r construction plans· ( d) conceprual design of the mining or processing facility· ( ) prop ed wo activities extraction techniques and typ of equipment in olved~ (f) quantities of uranium rthorium to be removed with the re; (g) lr (h) (i) m f thc ore; and doses to workers; w-es to be taken for radiation protection THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 167 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 51 Responsibility of the li~o G) procedures for ac ident prevention; (le) plans for efflu nt management y terns and procedures· (l) procedures for d aling with accidental r l es of radioactive or n nradi active contaminan: into th n ironm nt including mitigation of hazards; (m)impacts on public h altb and safety and th environment; (n) siting of tailings and orage facilities or stockpiles of ore and waste roe ( o) proposed decommissioning plan in luding financial arrangements for decommissionin ; and (p) ecurity measures. (2 Where the Guyana Geology and Min Cornmi ion grants lie nee to a per on or entity to conduct mining or proces ing a tiviti in ol ing uranium or thorium ore from a site the Commission hall infoan the Board, v "thin a reasonable time of the particulars of tile person or cntit aod the conditions of their licence. 59. (I Any person or entity liceoced to c nduct mining or processing activities involving uranium or thorium ore from a ite sh 11 ore th safety and security of any mining and processing activities conducted pursuant to their licence. )The licensee shall notify e Guyana eo1 gy and Min mmissio□ o i intention to introduce modifications to any activjty or practic it is a.uthori ed o oondu t, whenever the modifications could have significant implications on it afety r security and haJI not imp! ment those modifications unless auth rL d by th Commi ion. 168 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 52 Pow roftbe (3) e Li ense shall provide infonnation .required by the Guyana l gy an Mines mmission and th acces necessary to verify compliance with any applicable law and licen e conditions. ( )The licen ee shall maintain all records as requir d by th uyana Geology and Min mmi ion and shall make tb m available for io ecti n required 60. 1) thing in tbi Part shall pr nt th B ard from condu ting Board with respect in pecti ns f mining ites here the purpo fth in pection is connected to I mlning. Transportation and tQrag or dioactiVi m t rial. th purpo o the B ard under thi L 2) Th Guyana Geology and Mines Commi rion ball bare, upon requ t any information btained by th mmissi n under thl Part with the oard. T :PORT ND TO OF RADTOA TIVE MATERIAL 61. (1) Th licen shall hav th primary responsibility for ensuring the safety and security of di active material during its storage d transp rtation. (2) Th Board may, with the appr al of the Minister, make regulations pr cnoing th requirements for lb t rage and transport of radioactive mat rial t • from and within Guyana and th include a categoris ·on of radioactive material that tak! into account the p ntial hazard posed by type quantiti sand activity levels o uch material. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 169 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 53 pe f dioactive ste. adonal policy and strategy. General principle . )The requiremen adopted pur uant to this section shall consider the t hni 1 requi men of th Regulati n for the afe Transport of Radioacti e Material issued by the IAE and shall • clud m ur s or the phy ical protection of radioactive material including lhc rag of u h material, consistent with. the latest guidance docum nts promulgated b th EA. PART RADIO W T 2. Thi et hall apply only to tbe management of any radi active resulting from ci ilian applications in Guyana. ard, in consultation with the Environmental Protection ncy and th Ministry responsible for local government, shall develop a national policy and . trategy for radi management which shall be appro ed by th Cabin t. 64. At all stag sin th managem nt f radfoa tive waste th following principles shall be appli d by all p rson and n.titi , in Ju.ding governmental bodi (a) that people and tb nvironment are adequately cted again radi l gical and other hazards; (b) th r th g n ration f radioactive waste is kept to the minimum practicable; c that lh in rdc.-p nd nee among the different steps of radioactive waste management is considered; (d that protective measures for radioacti e waste management are implem nt d in a manner that reflects 170 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 54 Uc nee to operar radioactive waste 111 gement facility. Regulation of radioactive waste cnon gcmenl. irr rnntionally recogoi ri ria, standards and guid ce, specifically tho e adopted by the e that biological, chemical and thcr h t.ard that may be ' ciated with radioactive wast management are adequately addressed; (f) that criticality and removal of residual heat generated dwing radioacti wast manag m nt adequately addre d; ~ that ac • n imposing rea onably predictable im c on fut:ur ge :rations greater than those pennitted for the current g n ration ar avoided; (h) that uo.due burd ns on CWTent and future generations are a oided; and (i) that appropriate funding arrangements are in place. 65. o person or entity shall opera1 a radi active wast managem nt facility without a licence issued by the Board. 66. e Board may, in consultation with the Environmental Protection Agenc and th Min.i.stty responsible for local government male r gulation ensure th and ecure manag m nt of radioactive was~ in Guyan and tbo r gulation~ . hall tout th following (a) the p licable fi y and urity requirement for the I and the nvir nm nt from adverse impac of radioa tive e managem nt tivitie • b) a tern of licen ing o radioactive wa te management activities· c) a y t m f iospecti n docum ntation and reporting for radioacti waste managem nt a tivities and in the case of dispo al, a sy t m f institu ional control· and THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 171 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 55 {d) a system of enforc.em nt to e ure c mplia.n with those regulations and the rms and nditioos f licences for radioactive waste management cti viti . 1t ponsibility fo 67. (1) The prime responsibility for ensuring the safety and security of safety and security .radioactive waste inside or outside a radioactive waste management facility of ioacti e waste. Disposal plan. Prohibition on th imports • OD of radioactive waste. throughout its life rests with the licensee. (2) The responsibility for ensuring the safety and security of radioactiv waste for whi h no li nsee can be determined shall t with th Board. 68. The licens of a nu I r e di po l fa ility .all pr par plan for the closure of the facility that includes b th acti e and p • v, institutional controls and the Board hall a prov thi plan pri r t c • oing lh p • on of that facility. 69. Radioo tive waste generated o ide u ana hall n t imp rt d into uyana for any purpose. Export of io cti 70. 1 Radioactive wast generated ithin Guyana may b e ported waste. onl upon th 1 uance of a licence by the Board. Crite • for H1 export of radio ctiv waste. (2) Radioactive waste shall not b lie n. d f; r export to a d tinati n uth of la ·tud 60 degrees south for torage or disposal. 71. The Board , hall us • the foll wing criteria in determining wh ill r t approve an export lie n 172 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 56 Re-import of dio ctive waste. Proru'bition of nuclear weapoos nd other cx:plosive devices. Application of afi guards Agreemen (a whether the importing tate will be notified of th transfer of radio tive ~ t prior to its ipt and has consented to uch transfi r (b whether movem nt of th p rted material will be conduc d in c nformity with relevant international obligation in ail tares through which the material will it; and c wh tb r th im rting tate possesses the admini. trati and t bnical apacity, as well as th regulatory tructur needed to manage the exported radio ctiv waste in a manner that ensures its safety and curity, consistent with relevant internationally recogni ed standards particularly those promulgated by tb JAE 72. If licensed e port o radioactiv waste cannot be complet m nfonnity with this c th dioactive waste hall be l'i -imported into Guyana unJe . alt ma i e fe and ure an b m PART AFEGUARD 73. uclear eapon and such other explosive devices the direct or indirect control ov r the w apons or devices the manufacture or other acqui iti n of th • w apons or devices and the seeking or receiving of any • tance in th of nucl wcap n or other such explosive d vi cs, ar prohibited in Guyana. 74. (1) To ensure compliance with the relevant commitm o: of Guyana under international obligations the IAEA shall have the right to apply safeguards THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 173 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 57 Cooperati in e application of safeguards. B.! r vided fi r in th rel ant agreements b tween uyana and th any protocols ther to. and (2) The Board shall ensure th implem ration of th oblig ti Guyana arising from the Treaty for the Prohibition o ucl ar Weapo in Latin America and th Caribbean. tb aty on th on-Proliferation f u l ar Weapons and th afeguard gr rnent and ny protocol thereto. ( ) he B ard ·ball (a) erify th imp! m ntation of the obligations of Guy na arising from tb in trum nts r 1i rr d t in ub ecti n (2); (b) collect and provid to the th infi rmation required to fully implement th afeguard. agreement and any protocols thereto; c) facili a b 1AE inspectors to locations within uyana; and ( d) co rdinat with th Mini try ible r f1 reign affairs in conn ction with th provision of information to the IAEA in connection with th afeguard gre ment and any.protocols thereto. 75. Public bodies and licensed persons and entities sball cooperate fully with th IAEA in the application of a.ii guards measures, including by ( a) pr mptly providing all necessary infonnation under th afi, uard ment and any protocols thereto· (b providing ac to locations as required by th w guards greement and any protocols thereto· (c vidiog support to inspectors and IAE insp ors in th p rfonn c of their tasks; and 174 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 58 afcguards inspections. Designation of IAEA insp tors eof visas. State System of Accounting for and Control of uclear arerial. ( d) rendering to ins-pectors and IAEA inspecto alJ nece ary servic in conn ction with their inspe tions. 76. 1) Duly auth ri d pr sentatives of the Board and d ignated inspectors of the IAEA shall have ccess to any location or fa ility a pr ided for under the afi guards greement and any protocols there o, with a vie~ to conducting th v rification ctivities authorised by these instrum .nts. (2) Any pe on performing activities subject to the afeguar<is Agreement and any pro ols Lb re hall allow the .Board and duly designated to carry ou any measures the Board or the IAEA respectively consi n e a:ry or appropriate for achieving compliance with th undi rtakin o uyan ari ing from such instruments. 77. (1) e • ·stry responsible for foreign affairs hall be responsible for pproving th d ignation to Guyana of inspe tor proposed by the IAEA. (2) The Mini r pon ibl for foreign affai hall i u any necessary permi ion, in luding u.ired in an p dit d mann r to nabl d signat d ins of th lAEA t Guyana t nter and r main in Guyana for th purpo o rrymg out tb ir eguard functions in ccordance with the eguatds Agre meot and any proto ols thereto. 78. The B ard shall ensure the fli ctive implementation of safeguards in u ana by bLi hing and implemeoting a a sy t m or tb m a.surement of nuclear material; (b y em forth valuation ofm surem nt a curacy; c) procedm for f :viewing me ur m nt differences; d) procedures for carrying ut phy ical invcntori • e a system for evaluation of unm asured inventories· THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 175 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 59 Responsibility of license . (£) a sy em of r cord and ports fi r tra ing nuclear material inventori , and f1 w ; (g) procedures for ensuring tha accounting p dur aod atrangements are being operat d corre tly; an (h) proc ures for porting to the IAEA. 79. Every person or entity licensed to possess use handle or process nuclear material subject to the afeguards Agreement and any protocol thereto hail ( ) maintain rds re 'Cribed b th Board; ) ubmit the pli cribed repo t the B ard in the form and at the tim • specified by th Board· (c) perfi rm the measurements of nuclear material and maintain required m Uiement control programmes, specified by oard· (d) pr id th Bo d \! ·th information regarding th d ign of an nuclear facility including any design change as pecified by Board; (e) condu c phy ical inventori of nuclear material, as sp ified by th B ard· (f) gi n tic l the Bo rd of th import or export of pecified by the Board· (g) maintain phy ica1 protection and other security m asures "th r sp t to nuclear material, as specified by ard; (h) without delay, report to the Board any I o nuclear material in exce of limi ' pre rib by Board; (i provide reports on pi anned futur acti vi • e as specified by the Board· and (j allow authoci repr; entatives of th Board and d ignated oJli ials of the IAEA to carry out withou 176 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 60 Objectives of c~rt and impon oontrols. Prohibition 0£ t1J1 utbori cd transfers. hind c inspections at any fa ility or other lo tion vid d for und r this A l, th guards Agreem nt or any protocol thereto. 0 IMPORTOF 0 0 80. Controls ov r th exp rt and imp rt of radioactive material r nuclear material ran i nizing radiation apparatus to and from Guyana hall b conducted to advance th f◄ llowing objectives~ (a) to protect the public and tb nviri run at and to ensure the security and economic inte . ~ of uyana; (b) t meet the bligations of Guyana under J vant international instruments entered into by Guyana; (c) to support intemational cooperation in the safe and peac fut uses of nuclear nerg • and ( d) to support international efforts to prevent the proliferation of nuclear weapons and explosive devices or radiological dispersal devices. 81. The xp rt from or import into Guyana of a controlled without a licence is prohibited and any p n ho contrav n this ection commi an o ence and is liabl on summary conviction to a fine not l than 6 e million dollars nor mor than fift -n million doll or to impri nm nt for a term not exc ding fiv ears. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 177 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 61 uthority to control nuclear expo an impo . Li nsingfor exports and imp • port lictn in,g erilcri 82. The Board hall implement the neces ary measures, including a system of licences, to control the export and import of controlled goods. 83. Th Board may, with th ap r val of tb Mini er mak regulati ns setting out the detail f th liccn ing p fi r c rts and imports f controlled goods, including (a) th procedures for applying fi r a licenc including schedules for reviewing and d idin g on pplication • (b) a list of goods requiring a licenc • (c) provi ion for p ri di revi i n or updating of Ii ts of controlled g to r fl t d I pm n in t bnoJogy r chan in r le ant ircwn tanoe ; ( d criteria for the evaJnation of an appli ation and i uanc of a licence; (e) end user controls; (f) requirements for notification pri r to hipmcnt f exports where tha notification bas been determined to be necessary· (g) a cbedul r cbarg for granting licences; (b) p vi j hipment of goods otherwise not requiring an xport liceo • i) requirement fl r rd • to b kept regarding authorised activities; and (j protection of confidential information relating to authorised activities. . Th criteria for the granting of a licence to export goo id ntifi <l by the Board as being subj t t ontrol hall include th folJo 'ng (a) th t tb ceiving late.has made a binding commitment to us the transferred goods for e c fuJ purposes only; 178 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 62 (b that IAEA safeguards will be applied to lb transferred goods· (c) that 'the receiving tate has placed all iu nuclear m terial and nuclear facilities under internationaJ safeguards; d) that retransfer of export goods to a third State is subject to right of prior appr l by Guyana; (e) that an reprocessing of suppli d nu lear material, or nu lear m11L rial product. proo ed or u ed in or by the use of exported good is subject to a right Qf pri r appr va] by uyan • (f) that level o physical pr-0tection that will apply t th exported material -.vW be consistent with those t forth in the Conventi n th Pb ical Prote.ction ofNuclear Material; (g) that the applicant has provided infonn tion n th ad u d end user of the goods to be tran ferred that confirm the l gitimate pe ceful and safe use of the goods· (h) that, for spent nu I car fu 1 or nu I ar wast uyana h received prior notification and has coosente to th transfer; 1 that, for spent nuclear fuel or nuclear waste, Guyana ball have demonstrated the dministrative and technical c pability and regulatory structure necessary to manage the material in a safe and secure manner and (j) that nuclear material will not be transferred to geographical areas where the nuclear materials may not be transferred under the terms of international instrum nts adopted by Guyana. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 179 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 63 mport licensing <:;riteri Regulation of physical p tecti 85. The criteria for the granting of a licence to import g d identified by the Board as being subject to coot.r l hall include the following (a) that the import o the g ods is not otherwise prohibited by th law of Gu ana; (b) that the design ted recipient f any imported goods, subject to lie iog, has been granted the appropriate licence co i tent with the applicable laws and regulatory quir ments in Guyana· and (c) that the en user of th imported g ods has the demonstrated technical and admini :trativ c pability and resow-ces to us the imported g od in a afe and secure manner. PART 10 86. The Board m y by regulations establish requirements for the physical protection of nucl rand oth r radioactiv matcrial1 including (a) a categorisation of radioactive material and nuclear material based on an e sment of th damage that could resolt from theft or diversion of a certain type and quantity of material from uthorised u e or from sabotage of a facility in whi h nu tear and other radi a tive material i produ rnr1"J;lc::,.d, u handJ d. stored or dispo of· n ce ry for different categori of material· (c) ace unting nd control measures for nuclear and other radioactive material; 180 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 64 Physical protection resp nsibillt of the licensee. International cooperation and assistance. d) lie nsing requirement and procedures that includ lie nee conditions for phy ical pr tion; (e inspection and m n.i ring ID ures to veri compliance with applicable physical protection requirements; and (f) enforcement measur in ea of non-compliance with those regulations. 87. l) A p r n r ntity licensed to condu, t activiti or practices utilising radi activ material or nuclear material i primaril osible for ensuring tb phy ical pro tion of such material and related fuciliti pursuant to any law and licen nditi o . (2) In addition to the obligation to report to the Board under section 79(b), where th re has n a th ft, threat of theft or loss of nuclear or other radioactive material, the lie hall (a) notify th Board with ut l y f th! iru id nt and circumstances thereof: (b) provide a written report, including particulars, to the Board as soon as practicable after providing notice; and c) provide the Board with any additional information 88.(1) In th ev nt oftb ft, robbery or unlawful taking, or credibL threat o unlawful taking of radioactive material or nuclear material the Board hall talc appr priat practi bl infi rm tber tat s r international organisations tha may be affected of th circumstance f the incid nl THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 181 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 65 Protection of confidenti-1 information. Communi tion prcjudicin.g urity. (2) The Board hall b th central authority respo ·ibl f1 r physical protection of nuclear material and for coordinating recovery and resp ns in th fV nt of any th ft or unlawful taking of radi a tiv material or nuclear mat rial. (3) In th nt of theft or any other unL '"vful taking of radioactiVi mat rial or ou !ear material, the Board shall b r spo i l for det rrnining the necessary cooperation and assistance arrang men in the recovery and f su h material to be agreed \vith any t or int mational organisation that o r u ts. ( 4) The Board shall provid infonnati non incidents involving th theft, robbery or any oth r unlawful taking of nuclear or other radioactive material, equipment and technology th IAEA under arrangements established by that g n y. 89. (1) Nop rson shall di lo cont.id ntial information. including any uch information that is cquired pu uan.t t th nth by ical P t ti n f uclear Material~ n ention (2) Any p n who di close c nfid ntial information commits an ofti nc and is liable n summary con iction t a fin of nor le than fiv bun d thou and doll n rm re than milii n d 11 rimpri nm nt for • m nth.s. 90. (1 Any person who communicates information to any person, knowing that the communication could prejudice th physical security of radioactive mate ial r nuclear mat rial or an sociat d item, commi an offence. 182 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 66 Enfi re menl action. P ltic. (2) ub e tion 1 shall not apply if the communication i authorised by :r on ho has been granted a permit to po s the raclioactiv material or nuclear mat rial or associated item. 91. (1 Where a licensed person or entity is found to b in non-compliance with this Act. including any subsidiary legi lation made under the Act, r the terms and conditions of th licen th Board hall t:ak- th nee ary cnforc mcnt acti n c mm n urate with th or iolation. f lh n n- mplianc (2 In aU c the p n r ntity ubjc L ~ nforccmcnt cuon hall Jc, th nece sary m ure to m dy the n n-compliance as o as po iblo, as required by th B ar and taJce th necessary measures to prevent a re u.uea . (3) or cas involving non-compliance that is of minor safety or urity signific c the B ard may issue a aming, in writing and termine th p riod during which remedial action shall be taken. 92. (I y per on who c ntra ne any of the provisions of this Act for which J!O penalty i pecifically p vided is Liable on summary conviction­ (a in th case of an individual to a fine of not less than one million doll n r m re than ten million dollars or imprisonment for at nn note ceeding three years· or in th C fa body corporate to a fine of not I • than five million dollars nor more than tw nty million dollars. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 183 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 67 (2) Where a person i convi t d of offence under this et or th r gulations, then. if the contravention in pee f which the person v convicted is continued after the person convi t d tb person shall be guilty of furtb r offence and liable on conviction to a furth r fin of n -fifth o th maxim.um penalty prescribed for that offence for each da on which tb £fen e continues. (3) Wh an offender had b n convicted of an offence under this t, tb urt may wh r iU atisfied that as a result of the commission of th offen e tb offe der acquired any m n tary n fit or that mon tary benefits accrued to the o ender, order the off◄ n rt y notwithstanding th maximum um of any fin that may otherwis be impo ed und i: thi A l or the regulations an additi n I fin iri a um qua] to th court' e timation of the sum of those monetary b fi . Offence b body 93. (1) Wh re any offrnc in thi c i c mmitted ~ a dy corporate coqiorate. and is proved t ha b n mmitt d with t:h co nt or th connivan of, r to have b n attcibutabl- t n gl t n th part of a director. manager, s retary or other officer or agent of the body corporate or any person who was purporting to act in any such capacity that pe on as wi 11 as tb body c rporate ball be guilty of that offenc and liable to th am nalty. (2) Wh a body corporat or i director mana r secretary ag nt or any oth r offi nc med with the management of the body corporate has been c n ict o an offence on er this Act, the court shall have the power, in ddition to the power to impo e the penaltie pre ribed ti r th tated ffi o lo (a) revok any licence i ·sued to the body corporate pursuant to thi et· or 184 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 68 dminis ti penalties. Appeals from decision of the Board. Cap. 3:06 Regulations. fi rfeit all property to the tate including mon y, valuables and other movable and immovable p11 perty, f a person convicted of an offence under thi Act tha was u d or intend to b used, or obtained in th c of the crime or as part of benefits gain d from tb crime. . Where the Board bas determined that a person or ntity h fail to comply "th the pro i ion of this c any subsidiary legislation mad under this Act or l rm.s and conditions of a licence, it may impose an administrative fin in any amount nol exceeding five hundred thousand doUars. 95. Any person who is aggrieved with a decision of the Board may pply to th High Court for judicial review in accordance with the Judicial R! iew et 96. and purp t. m k regulations to give effect to the provisions Minister may 97. Aft r onsulting with the Board, the Minister, may by ord r am nd amend monetary p nalti by order. the mon tary nalti prescribed in this Act. 98. (1) from the c mmencement date, the provisions of this et shall apply t 11 pending appli ti ft r licence . (2) Any licenc granted prior to lh commencement date in respect to any acti ity or practice shall con tin lo b valid cept that the licence shall THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 185 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 69 Conilict with other laws. expire, at the lates ninety days after the commencement date, if it has not then expired. (3) Any ~ on engaging in an activity or practice on the commencement date hall apply for Licence as requir d in thi Act within ninety days after the commcncemeot date or ucb loog ~ r p riod a th ard may in writing alto . (4) The oard may, in writing, vary or revoke any licence issued prior t th~ c mm nc ment date to tne extent that the licence is inconsistent with the terms of this Act 99. Where there is any inconsistency between the provision o this et and the operation of any other written law other than the Con titution th provisions of this law shall prevail. 186 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 No. 10] LAWS OF GUYANA [A.D. 2023 70 Meetings of the B llni. pecial meeting of th Board. Chairperson ro preside at meeting.9 of the Board. Decision orlhe Board. Qu rum. Minu cs of the meeti~. L ED TI 1. The B ard shall me t at uch tim m y be n or for the transa tioo of bu ines and the m tin hall be h Id at uch pi times and on such day as the Board may determine. .7 and 2. The Chairp rson may, at any time, call a ial m eting f the Board and shall call a special meeting ·within even da f the receipt of a writt o rcqu st for the purpose addressed by any two members of the rd. 3. (1 The Chairperson. or in the case o ab enc or inability to act. the D puty Chairperson shall preside at meetings of the Bo rd. (2 In the case of the hairpe n and eputy Chairperson b ing absent .from or unable to act at any eeting, membet of lh Board pre ent and constituting a quorum shall elect on~ f th members of the Board to act as th hairperson and p ide at that meeting. 4. (1 Subject to parc1 graph 5 h m mber of the Board p ent at meeting of the Board bas one vote n any question arising for deci i n. (2 In any ase in which the v ting i equal, the hairpers n, D puty Chairperson or oth r member presiding at the meeting shall exercise the ting vote. 5. The quorum for am ting of the B ard hall be four members. 6. The minute in proper ti rm of each meeting of th Board shall be kept by the ecreta.ry and shall confirmed y th Chairperson Deputy hairperson or THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 2ND AUGUST, 2023 187 A.D. 2023] THE RADIATION SAFETY AND SECURITY ACT 2023 [No. 10 71 Seal ofth B Pr00C0d~ of the Board. any other member presiding at th meeting as th case may be, as soon as p cticable at a subsequen meeting. 7. (1 The seal of the Board hall be kept in the custody of the Chairperson or the ecretary of the Board. and hall be auth nticated by the signatures of the 1airperson Deputy Chairp rson, or any oth r member of the Board authorised to act in that half. and 1h r tary of th Board. (2) All documents other than those required by law to be und r seal, made by and all decisions of the Board may be signified under the hand o th Chairperson Deputy ChairpersoDt or any other member authorised to act in thi behalf or the Secretary o the Board. 8. (1) ubject to the provisions ofthi chedule the Board may regulate its own proceeding and business and may make rules for that purpo e. 2) aJidity of any proce ding o the Board h U o t be affected by any vacan y among th m mb r of th B ard r by any d e t in tb appointment of a m mb r of th oard. Pas ed by the National As mbly on the 2am July, 202 . mbly. (BILL . /2022}