Mines and Minerals Development (Prospecting, Mining and Milling of Uranium Ores and Other Radioactive Mineral Ores) Regulations, 2008 (S.I. No. 85 of 2008)

412 Statutory Instruments 12th September, 2008 IN EXERCISE of the powers contained in section one hundred and sixty-one of the Mines and Minerals Development Act, 2008, the following Regulations are hereby made: PART 1 PRELIMINARY Title 1. These Regulations may be cited as the Mines and Minerals Development (Prospecting, Mining and Mining of Uranium Ores and Other Radioactive Mineral Ores) Regulations, 2008. Interpretation 2. In these Regulation, unless the context otherwise requires— Act No. 7 of “Act” means the Mines and Mineral Development Act, 2008; 2008 “background” radiation” means radiation of man=s natural environment originating primarily from the naturally radioactive elements of the earth and from the cosmic rays; “Becquerel (Bq)” means the Systeme Internationale (SI) unit of measurement of radioactivity defined as one radioactive disintegration per second; “competent authority” means any national or international regulatory body or authority designed or otherwise recognised as such for purposes of the Regulations; Act No. 16 of 2005 “concentrate” means an extracted product that contains uranium and that results from the physical or chemical separation of uranium from ore; “contamination” means radioactive material deposited or dispersed in material or places where it should not be; “curie (Ci)” means the basic unit used to describe the intensity of radioactivity in a sample of material and equals thirty seven billion disintegration per second, or appropriately the radioactivity of one gram of radium; “Director” means the Director of Mines appointed under section one hundred and forty-four of the Act; “dose means a general term denoting the quantity of radiation or energy absorbed in a specific mass; Act No. 16 “effective dose” has the meaning assigned to it in the Ionizing of 2005 Radiation Protection Act, 2005; “Emergency Preparedness Plan” means a plan formulated by a holder to enable the holder to deal with unexpected occurrences and circumstances during operations; 12th September, 2008 Statutory Instruments 413 “Environmental Council of Zambia” has the meaning assigned to it in the Environmental Protection and Pollution Control Cap. 204 Act; “holder” means the person in whose name a mining right is registered; “ionizing radiation” means electromagnetic or corpuscular emission from radioactive material capable place of, other applicable laws and regulations. “manager: means a person appointed by the holder and approved by the Director of Mines Safety to manage the exploration, mining or milling operations in accordance with the Act; “mill” means a mineral processing facility at which ore is processed and treated for the recovery of uranium concentrate, including any tailings-handling and water treatment system associated with the facility; “mineral processing” has the meaning assigned to it under the Act; “mining right” has the meaning assigned to it in the Act; “Quantitative Radiological Hazard and Safety Assessment” means the identification and determination of the dangers of radioactive emission relating to safety, health and the environment; “Radiation Hazard Assessment” means the identification of health, safety and environment dangers arising out of radioactive emissions and the proposed intervention measures; “Radiation Operation Management Protection Plan” means a plan that set out measures to safeguard employees, the public and the environment against exposure to radiation during operations; “Radiation Protection Authority” has the meaning assigned Act No. 16 to it in the Ionising Radiation Protection Act, 2005; of 2005 “radioactive material” has the meaning assigned to it in the Ionising Radiation Protection Act , 2005; Act No. 16 of 2005 “radioactive waste” means material which are radioactive and for which there is no further use; and “Waste Management Plan” is a plan to manage all unwanted materials generated during prospecting, mining and milling operation.

414 Statutory Instruments 12th September, 2008 Scope 3. (1) These Regulations shall regulate the mining industry in the exploration, mining, processing, storage transportation, acquisition and exportation of uranium and other radioactive minerals in accordance with the Act and shall enhance radiological safety, security and environment protection. (2) Nothing in these Regulations shall be construed as relieving any employer or other person from complying with any applicable law governing safety, health and the protection of the environment. (3) The requirements of these Regulations are in addition to, and not in place of, other applicable laws and regulations. PART II PROSPECTING FOR, MINING AND MILLING OF URANIUM AND OTHER RADIOACTIVE MINERALS Prohibition 4. (1) Subject to the other provisions of these Regulations, a of person shall not prospect, mine, mill or engage in any related propsecting activities for the exploitation of uranium or any other radioactive etc for uranium or mineral unless that person is authorised to do so in accordance other with these Regulations. radioactive mineral (2) A person shall not be authorised to prospect, mine, mill or without authorisation engage in any related activities for the exploitation of uranium or any other radioactive mineral unless that person— (a) is in possession of the appropriate mining right obtained under the Act; (b) conforms to standards for the management of the environment as provided for in the Act, the lonising Radiation Protection Act, 2005, the Environmental Protection and Pollution Control Act and any other law relating to prospecting, mining, milling, transporting or storage of uranium and other radioactive mineral; and (c) undertakes in writing not to directly or directly contribute to the production of nuclear weapons or nuclear weapons device in accordance with the provisions of the Seventh Schedule to these Regulations. Application for licence to prospect for, mine or process uranium and other radioactive minerals. Application 5. (1) An application for a licence to prospect for, mine or for licence to propspect for, process uranium or other radioactive minerals shall be made in mine or process accordance with the provisions of the Mines and Minerals uranium and other radioactive minerals 12th September, 2008 Statutory Instruments 415 Development (General) Regulations, 2008. S.I. No. 84 of 2008 (2) An application for a permit to acquire, store, transport or export radioactive minerals shall be made in accordance with the provision of the Mines and Minerals Development (General) Regulations, 2008. 6. A holder of a prospecting licence or prospecting permit for Prospecting uranium or other radioactive mineral shall not conduct any for uranium prospecting work or other related activity unless the holder submits or other radioactive to the Minister and the Radiation Protection Authority , for approval, mineral the following plans: (a) a Radiation Operation Management Protection Plan in accordance with the First Schedule to these Regulations; (b) a Radioactive Waster Management Plan in accordance with the Second Schedule to these Regulations; and (c) a Plan to Transport and Store Radioactive Ores and Products in accordance with Third Schedule to these Regulations. 7. (1) A holder of a mining right shall not conduct any mining Mining operation for uranium or other radioactive minerals unless the uranium or holder— other radioactive (a) submits to the Minister, for approval, the following plan; minerals (i) a Radiation Operation Management Protection Plan in accordance with the First Schedule to these Regulations; (ii) a Waste Management Plan in accordance with the Second Schedule to these Regulations; (iii) a plan to transport and store radioactive ores and products in accordance with the Third Schedule to these Regulations; (iv) a Quantitative Radiological Hazard and Safety Assessment in accordance with the guidelines set out in the Fourth Schedule to these Regulations; and (v) a detailed mine water management plan for both natural and mine water on-and off-site; (b) submits to the Minister for approval, project description which shall include, but not be limited to the following: (i) a scope of activities; (ii) a site plan with coordinates; (iii) a physical security plan; and

416 Statutory Instruments 12th September, 2008 Act No. (iv) an occurrence and incident reporting plan; and 16 of 2005 (c) obtains the necessary authorisation under the lonising Radiation Protection Act, 2005, the Environmental Protection and Pollution Control Act, and any other relevant law. (2) The Director of Mines Safety shall, in consultation with the Environmental Council of Zambia, review annually the mine water management plan submitted in accordance with sub-paragraph (v) of paragraph (a) of sub-regulation (1). Construction 8. (1) A holder of a mining right of mineral processing licence of mill and shall not construct a mill unless the holder submits to the Minister, conduct of for approval, a description of the mill and concentrate recovery. milling operations (2) The description of the mill and concentrate recovery referred to under sub-regulation (1) shall include— Act No. (a) a description of the proposed design of the mill; 16 of 2005 (b) the proposed construction schedule and the contingency plans for construction; (c) a description of the components, systems and equipment proposed to be installed at the mill, including their design operating conditions; (d) the results of the process-hazard analysis and a description of how the results have been taken into a account; (e) the proposed milling methods and programs; (f) a description of all proposed laboratory facilities and programs; (g) the proposed commissioning plan for the components, system and equipment to be installed at the mill; and (h) a detailed mill water management plan for both natural and mill water on-and off-site. (3) A holder of a mining right or mineral processing licence shall, before conducting any milling operation for uranium or other radioactive minerals, prepare and submit for approval to the Minister, the following plans: (a) a Radiation Operation Management Protection Plan in accordance with the First Schedule to these Regulations; (b) a Waste Management Plan in accordance with the Second Schedule to these Regulation; and (c) a Quantitative Radiological Hazard and Safety Assessment in accordance with the Fourth Schedule to these Regulations. 12th September, 2008 Statutory Instruments 417 (4) A holder to whom this regulation applies shall— (a) develop a Waste Management Plan in accordance with the appropriate technology in order to manage the following: (i) radioactive waste; (ii) mill tailings; (iii) sub-economic materials; (iv) non-radioactive waste; and (v) waster water; to minimise environmental pollution and degradation; (b) demonstrate to the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia that the radioactive waster management facilities are constructed in accordance with approved designs and the operational procedures are in place prior to commissioning the facilities; and (c) operate the facilities referred to in paragraph (b) for such period as the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia shall determine for purposes of assessing the performance of the facilities. (5) The institutions referred to in paragraph (b) of sub-regulation (4) shall, where the institutions are satisfied with the performance of the radioactive waste management facilities, approve the facilities to be used for routine mine or mill operations based on an approved monitoring and surveillance program. (6) A holder shall inform the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia of— (a) any changes to be operation which may alter the nature or quantity of radioactive waste; (b) any proposal to change the waste containment system; and (c) any unanticipated circumstances that may affect the performance of the Waste Management Plan. (7) A holder shall ensure that the Waste Management Plan has a monitoring program to— (a) verify the effectiveness of the engineering design; (b) validate models and predictions; and (c) demonstrate compliance with discharge limits, operational discharge limits and operational discharge procedures.

418 Statutory Instruments 12th September, 2008 Act No. 16 (8) The Control of occupational health and public safety shall be of 2005 done in accordance with the First and Second Schedule to these Regulations and the provisions of the Ionizing Radiation Protection Act, 2005. (9) The Director of Mines Safety shall, in consultation with the Environmental Council of Zambia, review annually the mill water management plans submitted under paragraph (i) of sub— Radioactive 9. A holder shall develop and implement an environmental mine waste and tailings management plan in accordance with the provisions of the impounded S.I. No. 28 of Environmental Protection and Pollution Control (Environmental 1997 S.I. No. 29 Impact Assessment) Regulations, 1997, Mines and Minerals, of 1997 S.I. No. 104 (Environmental) Regulations, 1997 and the Mines and Minerals of 1997 (Environmental Protection Fund), 1998. Prospect, 10. A holder shall store all contaminated equipment and mine and mill de- materials in a secured and fenced area and shall ensure that at all commissioning, closure and times the area has appropriate warning indicating the levels of abandonment radioactive hazards present in the area and displayed in conspicuous locations. 11. (1) A holder who intends to abandon a mine or mill site shall apply to the Director in accordance with the Sixth Schedule to these Regulations and shall submit to the Minister, for approval, a closure environmental impact assessment, an update mine decommissioning plan, a closure environmental impact assessment and an updated environmental management plan. (2) A holder shall, where the holder anticipates the closure of a mine or mill, prepare and submit to the Minister, for approval, a 12th September, 2008 Statutory Instruments 419 Quantitative Radiological Hazard Analysis in accordance with the Fifth Schedule to these Regulations. (3) The requirement of the Ionizing Radiation Protection Act, Act o. 16 of 2005 2005, apply to this regulation. (4) The Director shall, where satisfied that all abandonment requirements have been complied with, issue an abandonment certificate. 12. A holder shall transport and store any uranium ores, Transportation and storage concentrates and other radioactive materials in accordance with of uranium the provisions of the Third Schedule to these Regulations. and other radioactive minerals 13. (1) A person shall not acquire, sell or export uranium or Marketing of uranium and any radioactive mineral except under and in accordance with the other terms and conditions of an approval granted by the Minister under radioactive the Act. minerals (2) A holder who acquires, sells or exports any uranium concentrate or any other radioactive minerals shall— (a) provide documentation to the Radiation Protection Authority on the source of the uranium concentrate or radioactive minerals and to prove the authenticity of the receiving agent and end-user in order to satisfy the provision of the Nuclear Non-Proliferation Treaty set out in the Seventh Schedule to these Regulations; and (b) report to the Radiation Protection Authority and Mines Safety Department any internal movements of the substances in order to safeguard public health and safety. 14. (1) A holder shall monitor the implementation of the Inspections and approved Radiation Operation Management Protection Plan and monitoring make available all records on demand by an authorised inspector from the Mines Safety Department, the Radiation Protection Authority, the Environmental Council of Zambia and any other authorised agency.

420 Statutory Instruments 12th September, 2008 (2) A holder shall formulate and implement a quality management system to cover all operations at the mine or mill site. Appointment 15. (1) A manager shall appoint a competent person as a of radiation radiation protection officer whose qualifications and experience protection officer shall be subject to the approval of the Director of Mines Safety and the Radiation Protection Authority. (2) Any appointment made under sub-regulation (1) shall not relieve a manager of the manager=s responsibilities under these Regulations. Penalty 16. A person who contravenes any provision of these Regulations Act No. is liable to the penalties specified in the Act. 7 of 2008

FIRST SCHEDULE (Regulation 6, 7 (1) and (8) RADIATION OPERATION MANAGEMENT PROTECTION PLAN AND RADIATION HAZARD ASSESSMENT PART I RADIATION OPERATION MANAGEMENT PROTECTION PLAN Radiation 1. A holder shall develop and implement a Radiation Operation Operation Management Protection Plan with periodic reviews, evaluations Management and modifications necessary to ensure adequacy of resources and Protection Plan effectiveness. Development 2. A Radiation Operation Management Protection Plan shall of Plan include— (a) the sources of exposures; (b) the control measures; (c) a record of monitoring; (d) estimates of costs to implement the management plan; (e) education and training; and (f) reporting and record keeping. Sources of 3. A Radiation Operation Management Protection Plan shall— exposure (a) identify all significant exposure sources and pathways and (b) include plans of the mine or mill, descriptions of the equipment to be used and processes involved and estimates of the radionuclide concentrations in the process stream. 12th September, 2008 Statutory Instruments 421 4. A Radiation Operation Management Protection Plan shall— Control measures (a) describe the measures to be implemented to control radiation exposures; and (b) include provision of engineering design for ventilation, dust or fume control for approval and shielding . 5. (1) A holder shall submit for approval a monitoring plan to Monitoring the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia. (2) The monitoring plan referred to under sub-paragraph (1) shall— (a) comply with regulatory limits such as radiation doses received by individuals or groups; and (b) provide information on the effectiveness of the engineering and procedural control measures. 6. A holder shall provide estimates of radiation exposures or Dose doses that arise from the operation in order to determine the estimates adequacy of the proposed control measure. 7. A holder shall provide appropriate education and training of Education staff on a continuous basis in the radiation protection aspects of the and training operations, first aid and general safety. 8. (1) A Radiation Operation Management Protection Plan shall Reporting include provisions for reporting the results of the monitoring program and record and related information. keeping (2) A holder shall provide monthly reports to the Radiation Protection Authority, the Mines Safety Department and other relevant regulatory authorities. 9. (1) A holder shall retain records of monitoring results, dose Record of assessments, calculation methods and related information in a monitoring manner that shall allow them to be retrieved. These records shall be available for inspection by relevant regulatory authorities. (2) The records referred to under sub-paragraph (1) shall be submitted to the Radiation Protection Authority and the Mines Safety Department annually. (3) A holder shall develop and maintain appropriate measures to preserve the records at the close of a project in accordance with the requirements of the Act and other relevant laws. 10. A Radiation Operation Management Protection Plan shall Personnel include a commitment to provide adequate resources and staff with and resources appropriate qualifications and experience. 11. A Radiation Operation Management Protection Plan shall Integration be integrated into occupational health and safety programs and the into operation as a whole. operations and programs 422 Statutory Instruments 12th September, 2008 Quality 12. A holder shall implement a quality assurance program which assurance is in compliance with national and international standards. Calibration 13. A Radiation Operation Management Protection Plan shall include schedule and measures for calibration of equipment used in monitoring which shall conform with national and international standards. Auditing 14. A system of auditing to check the performance of a Radiation Operation Management Protection Plan shall be implemented and shall include both internal and external auditing. Auditing 15. (1) A Radiation Operation Management Protection Plan shall be reviewed and assessed periodically to achieve continual improvement in radiation protection. (2) The review referred to under sub-paragraph (1) shall include review of— (a) the doses; (b) trends over time for both the operation as a whole and smaller areas or working groups; (c) the monitoring plan to ensure that frequencies and techniques remain appropriate; and (d) administrative procedure and work practices. Accidents 16. A holder shall report any radiological accidents within twelve house of the incident to the Radiation Protection Authority and the Mines Safety Department and take appropriate steps to remedy the situation and prevent the recurrence of the accident. PART II RADIATION HAZARD ASSESSMENT General 17. (1) A mining right or licence shall be granted on condition requirements that the holder conducts a radiation hazard assessment of the operation and activities involving radioactive material. (2) The assessment referred to under sub-paragraph (1) shall identify the following: (a) potential radiological hazards associated with prospecting mining and milling radioactive materials; (b) the effectiveness of the engineered and operational controls; and (c) determination of the magnitude of the radiological hazards from both normal operations and potential accidents to workers and the public. 12th September, 2008 Statutory Instruments 423 18. (1) A holder shall make a radiological safety assessment Radiological of the prospecting, mining, milling, storage and transportation safety operation of radioactive materials. assessment (2) The main elements of the assessment referred to under sub- paragraph (1) shall be the following— (a) identification and qualification of the prevailing levels of different radiological hazards; (b) identification of areas where the potential for radiation exposure of workers may result in an effective dose exceeding 1mSv per year; (c) identification of individuals who may be occupationally exposed to ionizing radiation and receive an annual effective dose in excess of 1mSv; (d) determination of the effective dose received by occupationally exposed individuals; (e) determination of the potential for radiation exposure of member s of the public due to airborne and liquid effluent releases form the site and arising from the disposal of radioactive waste. (f) assessment of the efficiency and effectiveness of the engineered and operational controls; and (g) estimation of the magnitude of the risks resulting form accidents whether on-site or off-site; 19. (1) As a minimum , a radiological hazard assessment Radiological shall— hazard assessment (a) identify the various types of radioactive material present in the complete process and determine their physical and chemical form, nuclide composition , activity concentrations, and estimate total quantities to be mined and milled per annum; (b) identify local concentrations of radioactive material in the mining and milling operations; (c) identify and quantify the radioactive doses to workers and members of the public who may have been exposed to radiation; (d) qualify the mean levels and variations of the radiological hazards during full working shifts and determine the magnitude of longer term fluctuations; (e) identify individuals occupationally exposed to radiological hazards; (f) quantify the degree of individual occupational exposure in term of the annual dose equivalent received form all radiation exposure pathways, for routine, maintenance and repair operations; 424 Statutory Instruments 12th September, 2008 (g) qualify the impact of radioactive emissions from the site in terms of the annual effective dose received by the public; (h) collect appropriate data on parameters which impact on the extent and magnitude of radiological hazards, such as ventilation flow rate and patterns underground, the efficiency of ventilation and dust control practices, working practices and their impact on levels of radiological hazard; (i) assess the transportation of final products and by-products in terms of the potential occupational radiation exposure of workers and the public; (j) assess the effectiveness of the cleaning up of spillage; (k) qualify the amount of radiation from materials and equipment released from mining and milling facilities; and (l) the effectiveness of personal protection equipment. (2) The following exposure pathway shall be quantitatively assessed at specified locations— (a) exposure to short lived Rn-222 (radon) and Th-220 (thorium) daughter products in air; (b) exposure to external radiation (beta-gamma dose rate); (c) exposure to long live alpha emitting nuclides in air; (d) surface contamination levels (alpha and beta emitters) in surface work; (e) contaminated scrap; and (f) radon gas concentrations under ground 20. (1) A holder shall submit an Emergency Preparedness Plan to the Director of Mines Safety and the Radiation Protection Authority for approval which will be reviewed annually. (2) An Emergency Preparedness Plan shall be prepared according to the following guidelines. (a) emergency plans shall be prepared for any practice or source which could give rise to a need for emergency intervention; (b) regulatory authorities shall be involved in the preparation of emergency plan, as appropriate; (c) the content, features and extent of emergency plan shall take into account the results of any accident analysis and any lesson learned from operating experience and from accidents that have occurred with sources of a similar type; 12th September, 2008 Statutory Instruments 425 (d) emergency plans shall be annually reviewed and updated; (e) provision shall be made for training personnel involved in implementing emergency plan and the plan shall be rehearsed at suitable intervals in conjunction with designated authorities; and (f) prior information shall be provided to members of the public who could reasonably be expected to be affected by an accident. (3) An Emergency Preparedness Plan shall include— (a) the allocation of responsibilities for notifying the relevant authorities and for initiating intervention; (b) the identification of the various operation and other conditions of the source which would lead to the need for intervention; (c) intervention levels for the relevant protection actions and the scope of their application, with account taken of the possible degree of severity of accidents or emergencies that could occur; (d) procedures, including communication arrangements, for contacting any relevant intervening organisation and for obtaining assistance from fire-fighting, medical, police and other relevant organisations; (e) a description of the methodology and instrumentation for assessing the accident and its consequences on-and off- side; (f) a description of the public information arrangements in the event of an accident; (g) the criteria for terminating each protective action; and (h) the holder=s plans to contain any radiation arising from incidents or accidents in transit and to receive back the holder=s consignment. (4) A holder shall ensure that adequate provision is made for generating sufficient information promptly and communicating it to responsible authorities with regard to— (a) the early prediction or assessment of the extent and significance of any accidental discharge of radioactive substances to the environment; 426 Statutory Instruments 12th September, 2008 (b) rapid and continuous assessment of the accident as it proceeds; and (c) determining the need for protective actions. (5) A holder shall ensure that sufficient financial arrangements are made, including appropriate levels of insurance, to contain any emergency situation.

SECOND SCHEDULE (Regulation 6, 7 (1), 8(6) and 8(8)) WASTE MANAGEMENT PLAN General 1. A holder shall develop a Waste Management Plan which requirements includes proposals for radioactive waste management in relation to— (a) a description of the mine and mill facilities and resources; (b) a description of the baseline environmental conditions; (c) operating, environment, geo-technical and radiation dose assessment procedures; (d) a description of the operation and the processes generating waster; (e) the chemical and physical characterisation of radioactive waste, include the quantities and rate of production; (f) the heritage, social and cultural matters and the proposed present and future land use; (g) the waste management facilities and practices, waste conditioning and containment including sitting, design construction and operation; (h) the discharge whether in liquid, solid or gaseous form, and the receiving environment; (i) the discharge criteria; (j) the contingency plans to deal with natural events, incidents, equipment and operational failure; (k) a program of assessment and review of the integrity of the waste disposal and containment facilities; (l) a de-commissioning and closure plan with regard to the final disposal of waste; and (m) any other relevant information. Development 2. (1) A Waste Management Plan shall be integrated with the of Plan Radiation Operation Management Plan and with the overall project environmental management plan. (2) A holder shall submit an updated Waste Management Plan annually. (3) A holder shall, where there is a significant change of circumstances, submit for approval an updated Waste Management Plan within thirty days of the changed circumstances. (4) A holder shall, where there is any significant change in operational procedures, submit an updated de-commissioning proposal within thirty days of such change. 12th September, 2008 Statutory Instruments 427 (5) A holder shall prepare a quality assurance program in the Waste Management Plan which shall include— (a) civil engineering and geo-technical aspects of the containment system; (b) the mode of operation of the system; (c) the scope and frequency of the monitoring programs; and (d) any traceability to national or international standards.

THIRD SCHEDULE (Regulations 6, 7 (1) and (10) PLAN TO TRANSPORT AND STORE RADIOACTIVE ORES AND PRODUCTS 1. In this Schedule, unless the context otherwise requires— Interpretation “A1” means the activity value of special form radioactive material and is used to determine the activity limites for the purposes of these Regulations’ “A2” means the activity value of radioactive material, other than special form radioactive material and is used to determine the activity limits for the purposes of these Regulations; “special form radioactive material” means at least one dimension not less than 5mm; “Type A packages” means packages that shall not contain activities greater than— (a) for special form radioactive material, A1; and (b) for all other radioactive material, A2; “Type B (M) packages” means packages that shall not contain— (a) activities greater than those authorised for the package design; (b) radionuclides different from those authorised for the package design; and (c) contents in a form, or a physical or chemical state, different from those authorised for the package design; as specified in their certificates of approval; “Type C packages” means packages that shall not contain— (a) activities greater than those authorised for the package design; (b) radionuclides different from those authorised for the package design; and (c) contents in a form, or a physical or chemical state, different from those authorised for the package design; as specified in their certificate of approval; 428 Statutory Instruments 12th September, 2008 Scope 2. (1) The Ionising Radiation Protection Act, Act No. 16 2005, and other relevant laws apply to this Schedule. of 2005 (2) Before transporting, storing, acquiring or exporting radioactive mineral substances, a person shall obtain a permit from Act No. the Minister as provided for under section one hundred and eight 7 of 2008 of the Mines and Minerals Development Act. Packaging 3. (1) A holder shall, before shipment, submit to the Minister requirements for approval the design and technical specifications of any package before or drum. shipment (2) A holder shall, for any system with a gauge pressure exceeding 35kPa, ensure that the containment system of a package conforms to the approved design requirements relating to the capacity of the system to maintain its integrity under pressure. (3) Where neutron poisons are included as components of any package containing fissile material, a holder shall confirm the pressure and distribution of the neutron poisons. General 4. The design of a package shall conform to the following: requirements (a) the mass, volume and shape of the package shall render for packages it easy and safe to transport; (b) the exposure levels from the package shall be within legally prescribed limits (c) lifting attachment on the package shall not fail when used in the intended manner and the design shall take account of appropriate safety factors to cover snatch lifting; (d) lifting attachments of the package shall be removable or otherwise rendered incapable of being used during transportation; (e) as far as practicable, the outer layer of the package shall be designed so as to prevent the collection and the retention of water; (f) any features added to the package at the time of transportation which are not part of the package shall not reduce its safety; (g) the package shall be capable of withstanding the effects of any acceleration, vibration or vibration resonance which may arise under the routine conditions of the United Nations Recommendations on the Transport of Dangerous Goods, for Packing Group I or II, and if they were subjected to the tests conducted in the most damaging orientation, they would prevent— (i) loss or dispersal of the radioactive contents; and (ii) loss of shielding integrity which would result in more than a twenty per cent increase in the 12th September, 2008 Statutory Instruments 429 radiation level at any external surface of the intermediate bulk container. 5. (1) A consignor shall, where it is not necessary to obtain an Approval approval certificate for package designs, on request, make available and administrative for inspection by the relevant competent authority, documentary requirements evidence of the compliance of the package design with all the applicable requirements. (2) An application for approval shall include— (a) a detailed description of the proposed radioactive contents with reference to their physical and chemical states and the nature of the radiation. (b) a detailed statement of the design, including complete engineering drawings and schedules of materials and methods of manufacture; (c) a statement of the tests which have been done and their results, or evidence based on calculative methods or other evidence that the design is adequate to meet the applicable requirements; (d) the proposed operating and maintenance instructions for the use of the packaging; (e) if the package is designed to have a maximum normal operating pressure in excess of one hundred kPa gauge, a specification of the material of manufacture of the containment system, the samples to be taken, and the test to be made; (f) any special stowage provisions necessary to ensure the safe dissipation of heat from the package considering the various modes of transport to be used and type of conveyance or freight container; (g) a reproducible illustration, not larger than 21 cm by 30 cm showing the make-up of the package; and (h) a specification of the application quality assurance programme as required. (3) The competent authority shall establish whether an approved design meets the requirements for Type B (U) or Type C packages and shall attribute an identification mark to the design. 430 Statutory Instruments 12th September, 2008 Notification 6. (1) A holder shall inform the competent authority of the serial and registration number of each packaging manufactured to an approved design. of serial (2) A holder and the competent authority shall maintain a register numbers of the serial numbers referred to under sub-paragraph (1). Approval of 7. (1) Multilateral approval shall be required for— shipments (a) the shipment of Type B(M) packages not conforming with the requirements designed to allow controlled intermittent venting; (b) the shipment of Type B (M) packages containing radioactive material with an activity greater than 3000 A1 or 3000 A2, as appropriate, or 1000Tbq, whichever is the lower ; and (c) radiation protection programmes for shipments by special use vessels according to requirements. (2) A competent authority may authorise transport into or through its country without shipment approval, by a specific provision in its design approval. (3) An application for shipment approval shall include— (a) in relation to the shipment, the period of time for which the approval is sought; (b) the actual radioactive contents, the expected modes or transport, the type of conveyance and the probable or proposed route; and (c) the details of how the precautions and administrative or operational controls referred to in the package design approval certificate issued are to be put into effect. Transportation 8. (1) A holder shall be liable for the radioactive mineral of commodity in transit until the consignee receives it. radioactive material (2) A holder shall— (a) establish a radiation protection programme for the transportation of radioactive materials which shall be made available for inspection by the relevant competent authority; (b) ensure that the nature and extent of the measures to be employed in the radiation protection programs are related to the magnitude and likelihood of radiation exposures; (c) ensure that the protection and safety measures are optimized in order that the magnitude of individual doses, the number of persons exposed and the likelihood of incurring exposure are kept as low as reasonably achievable; and 12th September, 2008 Statutory Instruments 431 (d) ensure that workers receive appropriate training in radiation hazards and the precaution to be observed in order to ensure restriction of their exposure and other persons who might be affected by their action. (2) The holder shall, as a minimum, ensure the following during the transportation of radioactive material: (a) correct labeling, packaging and loading of the mineral commodity; (b) regular contact with transporter until the mineral commodity is delivered to the consignee; (c) any vehicle transporting any uranium or other radioactive material shall not be parked in any public place; (d) where an accident occurs during transport, a radiation protection officer appointed in accordance with regulation 15 shall— (i) ensure that the scene of the accident in cordoned off; (ii) immediately inform the Radiation Protection Authority, the Environmental Council of Zambia and the Mines Safety Department; and (iii) take necessary steps and measures to prevent the exposure of the public to ionizing radiation and to minimise contamination of the surrounding environment; (e) a transporting vehicle shall have the emergency contact telephone numbers of the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia on either side of the vehicle; and (f) in the case of air transportation within Zambia, the Aviation Cap. 444 Act shall apply in addition to the provisions of these Regulations. 9. (1) A holder shall conduct periodic assessments of the Occupational radiation doses to persons arising from the transportation of health and safety in radioactive material, to ensure that the system of protection and transportation safety complies with the basic safety standards. (2) Where the Radiation Protection Authority, in the case of occupational exposures arising from transportation activities, assesses that the effective dose— 432 Statutory Instruments 12th September, 2008 (a) is unlikely to exceed 1mSv in a year, it shall not require any special work patterns, detailed monitoring, does assessment programmes or individual record keeping; (b) is likely to be between 1 and 6mSv in a year, it shall conduct a dose assessment programme through work place monitoring or individual monitoring; and (c) is likely to exceed 6mSv in a year, it shall conduct individual monitoring. (3) A holder shall, where the Radiation Protection Authority conducts individual monitoring or work place monitoring, keep appropriate records. Emergency 10. (1) A holder shall, in the event of an accident or incident response during during transportation of any radioactive material, observe and transpor- implement emergency provisions to protect persons, property and tation the environment. (2) Emergency procedures taken under sub-paragraph (1) shall take into account the formation of other dangerous substances that may result from the reaction between the contents of a consignment and the environment in the event of an accident. Special 11. (1) Consignments for which conformity with other arrangements or provisions of these Regulations is impracticable shall not be exemptions transported except under special arrangements approved by the regulatory authorities. (2) The Director may approve special arrangement transport operations for single or a planned series of multiple consigners where the competent authority is satisfied that conformity with other provisions of these Regulations is impracticable and that the requisite standards of safety established by these Regulations have been demonstrated by a holder. (3) The overall level of safety in transport shall be equivalent to that which would be provided if all the applicable requirement has been met and in the case of international consignments, multilateral approval shall be required in accordance with paragraph 6. Storage of 12. (1) Radioactive materials shall be segregated sufficiently radioactive from workers and from members of the public. materials (2) The following values for dose rates shall be used for the purpose of calculating segregation distances or radiation levels: 12th September, 2008 Statutory Instruments 433 (a) in the case of workers in regularly working areas, a dose of 5mSv in a year; and (b) in the case of members of the public, in areas where the public has regular access, a dose of 1mSv in a year to the critical group. (3) Radioactive materials shall be sufficiently segregated from undeveloped photographic film. (4) The basis for determining segregation distances for any purpose under sub-paragraph (3) shall be that the radiation exposure of undeveloped photograph film due to the transportation of radioactive material be limited to 0.1 mSv per consignment of the film.

FOURTH SCHEDULE (Regulations 7(1) and 8 (3)) QUANTITATIVE RADIOLOGICAL HARZARD AND SAFETY ASSESSMENT FOR PROSPECTING, MINING AND MILLING OPERATION 1. (1) A holder shall conduct a quantitative radiological hazard General and safety assessment of the operations and activities involving requirements radioactive material. (2) A radiological hazard and safety assessment shall— (a) identify all potential radiological associated with prospecting, mining and milling of uranium and other radioactive minerals; (b) assess the effectiveness of engineering and operational controls; and (c) determine the magnitude of radiological hazards from both normal operations and accidents to workers and the members of the public. 2. (1) A holder shall assess all the aspect involving any Radiological radioactive material from the prospecting, mining and milling of safety assessment ores, to the storage and transportation of final products and waste. (2) A holder shall, in an assessment— (a) identify and qualify the prevailing levels of the different radiological hazards; (b) identify the areas where the potential for radiation exposure of workers may result in an effective dose exceeding 1mSv per year; 434 Statutory Instruments 12th September, 2008 (c) identify any individuals who may be occupationally exposed to ionizing radiation and receive an annual effective does in excess of 20mSv; (d) determine the potential for radiation exposure of the members of the public due to airborne and liquid effluent releases from the site and the disposal of radioactive waste; (e) assess the efficiency and effectiveness of the engineered and operational controls; and (f) estimate the magnitude of the risks resulting from accidents whether on-site or off-site. Radiological 3. (1) A radiological hazard assessment shall, as a minimum— hazard assessment (a) identify the various types of radioactive materials present in the whole process and determine their physical and chemical form, nuclide composition, activity concentration and estimate total quantities to be mined ad milled per annum; (b) identify and qualify the radiological doses to workers and members of the public associated with the activities involving radioactive materials; (c) qualify the mean levels and variations of the radiological hazard during full working shifts and determine the magnitude of longer term fluctuations; (d) identify individual occupationally exposed to radiological hazards; (e) quantity the degree of individual occupational exposure in terms of the annual dose equipment received from all radiation exposure pathways for routine, maintenance and repair operations; (f) quantity the impact of radioactive emission from the site in terms of the annual effective dose received by the public in all potentially affected areas; and (g) quality and control the hazard associated with equipment leaving the site. (2) The following exposure pathways shall be quantitatively assessed at specified locations: 12th September, 2008 Statutory Instruments 435 (a) exposure to short lived Rn-222(radon) and Th-220 (thorium) daughter products in air; (b) exposure to external radiation (beta-gamma dose rate); (c) exposure to long-lived alpha emitting nuclides in air; (d) surface contamination levels (alpha and beta emitters) in surface works; (e) contamination scrap; and (f) radon gas concentration underground.

FIFTH SCHEDULE (Regulation 11(2)) QUANTITATIVE RADIOLOGY HAZARD ANALYSIS AT MINE AND MILL DE-COMMISSIONING AND CLOSURE 1. Part IX of the Act, the Mines and Minerals (Environmental) Title Act No. regulations, 1997, and the lonizing Radiation Protection Act, 2005 7 of 2008 apply to this Schedule. S.I. No. 29 of 1997 Act No. 16 of 2005 2. (1) A holder shall determine— Obligations of holder (a) the amount of airborne radioactivity and terrestrial radiation emitted by the following facilities: (i) tailing dumps; (ii) waste rock dumps; (iii) open pits or underground mine workings; (iv) mill infrastructure; (v) workshop infrastructure; (vi) office infrastructure; (vii) any other infrastructure; (b) the amount of radiation emitted from water ponds; (c) the amount of radiation emitted from contaminated equipment and waste materials; (d) the amount of radon emissions from tailings dumps and waste rock dumps; (e) the amount and distribution pattern for the dust dispersed from tailings dumps and waste rock dumps, with particular attention to nearby human settlements; (f) the amount of radioactive contamination in seepage and run-off water from tailings dumps and waste rock dumps; 436 Statutory Instruments 12th September, 2008 (g) the structure, geo-technical and seismic stability of tailings dumps and waste rock dumps; and (h) the amount of radiation emitted from any other source that is part of a mine or mill infrastructure; (2) A holder shall, before the termination of any obligations relating to any closed waste management facility, submit to the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia the results of the final radiological and environmental survey and a closure completion report in order to document compliance with the regulatory requirement for managing the waste. (3) The information required under sub-paragraph (2) shall be determined as accurately as is practicable and shall be included in the decommissioning and closure plan. (4) The objectives of a de-commissioning and closure plan shall include, but shall not be limited to— (a) achieving long-term radiation protection by reducing the effective equivalent dose to the individual in the critical group to below 0.1 mSv/year; (b) achieving background water quality in the long-term by controlling groundwater contamination; (c) reducing the residual concentration of radioactive elements by undertaking soil clean-up operations; (d) reducing the radon flux over the surface of the final tailings dumps to an internationally acceptable rate of 20pCi/m²; (e) rehabilitating tailings dumps to make them stable for at least two hundred years; (f) minimizing hazards to the public and the environment; (g) preventing inadvertent human intrusion and dispersion of contaminated materials by wind and water erosion. (h) complying with other applicable and relevant regulations governing air and water quality in non-radiological aspects; and (i) de-contaminating and safely disposing of equipment and waste materials. 12th September, 2008 Statutory Instruments 437

SIXTH SCHEDULE (Regulation 11(1)) URANIUM MINES AND MILLS ABANDONMENT 1. The provisions of the Act, the Environmental Protection Scope and Pollution Control Act, the Ionizing Radiation Protection Act, Act No. 7 of 2008 2005, and other relevant law shall apply to the abandonment of Cap. 204 uranium mines and mills. Act No. 16 of 2005 2. A holder of a mining right or mineral processing licence for Application uranium ores and any other radioactive mineral ores shall, in an application for abandonment of a mine or mill, submit— (a) a report on the status of the environment at abandonment stage; (b) the rehabilitation objectives and performance indicators for all components and phases; (c) the methods of monitoring the remediation work program objectives; (d) the methods to de-contaminate equipment to be removed from the project site; (e) the proposed methods of disposing of unsold equipment which is not de-contaminated; (f) the plan and sections of the entire mine or mill site showing the location of major infrastructure such as mill tailing, storage facilities and mine waste rock dumps; (g) the estimated time periods between project closure and abandonment; (h) a comprehensive statement accompanied by plans, assessment of alternative rehabilitation methods with cost and levels of radioactivity after rehabilitation and the proposed post closure land uses; (i) the plans to manage and monitor chronic and acute releases of radioactivity between closure and abandonment; (j) the proposed methods aimed at rehabilitating the site to other beneficial land uses; and (k) a closure certificate granted by the Director of Mines Safety. 438 Statutory Instruments 12th September, 2008

SEVENTH SCHEDULE (Regulation 4 (2) and 13(2)) SELECTED PROVISIONS OF NUCLEAR NON-PRORIFICATION TREATY Compliance 1. (1) A holder shall, in an application for a mining or mineral with Treaty provisions processing licence, outline in the program of mining and milling operations how the holder proposes to comply with the articles of the Nuclear Non-Proliferation Treaty. (2) A holder shall develop and employ appropriate safeguards in accordance with the International Atomic Energy Agency (IAEA) to ensure the fulfillment of obligations assumed under the Nuclear Non-Proliferation Treaty to prevent diversion of nuclear energy material from peaceful uses to nuclear weapons or other intermediate nuclear weapons devices. Obligations 2. A holder shall communicate the safeguards referred to under of holder paragraph 1 before commencement of operation and report on compliance at every shipment. (2) A holder shall, in addition to the requirements stipulated under sub-paragraph (1)— (a) outline the implementation procedures for safeguards with respect to source or special fissionable material at their mine, storage or processing facility; (b) undertake to prevent provision of nuclear energy material or other fissionable material or equipment or material special designed for the processing, use or production of special fissionable material, to any Nuclear Non- Nuclear Weapons State or individuals or institutions whether in a Nuclear Weapons State or not; and (c) outline how the proposed safeguards shall assist the holder to comply with Article IV of the Nuclear Non- Proliferation Treaty and encourage peaceful technological and economic use and exchange of nuclear energy material. 12th September, 2008 Statutory Instruments 439 (3) A holder shall outline the holder=s marketing proposals and principles for mine production of radioactive material within or outside Zambia so as to comply with all aspects of the Nuclear Non-Proliferation Treaty. (4) A holder shall comply with the marketing plan submitted in an application for authority to acquire, sell or export radioactive material and the holder shall report on the marketing activities to the relevant authorities. K. T. MWANSA, Minister of Mines and Minerals Development Lusaka 18th August, 2008 440 Statutory Instruments 12th September, 2008