The Nuclear Safety and Radiation Protection (Amendment) Act, no. 14 of 2022

Short title. No. 14 2022 Sierra Leone THE NUCLEAR SAFETY AND RADIATION PROTECTION (AMENDMENT) ACT, 2022 Being an Act to amend the Nuclear Safety and Radiation Protection Authority Act, 2012 to provide adequate protection to the public, workers and the environment against the harmful effects of radiation and to provide for other related matters. [ ] ENACTED by the President and Members of Parliament in this present Parliament assembled. Date of com mencement. ACT Supplement to the Sierra Leone Gazette Vol. CXLXIII, No. 58 dated 18th August, 2022 8 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 58 OF 18TH AUGUST, 2022. (c) willfully withholds any information relating to ownership or management required under this Act; (d) willfully prevents or attempts to prevent a person from giving information relating to ownership or management required under this Act; or (e) gives information which he knows to be untrue or has no reason to believe to be true, commits an offence and is liable on conviction to a fine not less than 10,000,000.00 Leones or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment. " SIGNED this 10th day of February, 2022. DR. JULIUS MAADA BIO, President. LS Passed in Parliament this 25th day of January , in the year of our Lord two thousand and Twenty Two. PARAN UMAR TARAWALLY, Clerk of Parliament. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. PARAN UMAR TARAWALLY, Clerk of Parliament. No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 1. The Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by replacing the words "ionizing radiation’’, with the word " radiation" wherever it occurs 2. Section 1 of the Nuclear Safety and Radiation Protection Authority Act, is amended by the repeal and replacement of the definition (a) "Minister" with the following new definition "Minister" means the Minister responsible the Environment; (b) "radiation" with the following new definition "radiation" means "ionizing radiation and non-ionizing radiation. 3. Section 2 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of that section with the following new section 2. This Act shall apply to every source of radiation above the exemption level other than (a) radioactive substances found in nature; and (b) sealed source or an apparatus or a device containing a sealed source, where the dose rate at 10 cm from the source does not exceed 1 micro Sievert per hour and the source activity does not exceed the exemption level.” 4. Section 5 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended in subsection (2) thereof, by (a) inserting immediately after paragraph (xvi) the following new paragraphs "(xvii) to monitor all base stations and masts to ensure that they are in compliance with regulatory standards; (xviii) to monitor ultra violet r a d i a t i o n , m a g n e t i c resonance imaging, ultra sound, lasers, etc.; (xix) to monitor food and other consumables for radioactive contamination"; (b) renumbering of paragraph (xvii) as (xx). 5. Section 7 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended in paragraph (a) thereof, by the repeal and replacement of that paragraph with the following new paragraph "(a) enter, without hindrance, at any time,into any premises, vehicle, ship or aircraft to which this Act applies, with such equipment as the circumstances mayrequire for the performance of his duty under this Act;" 2 3 Amendment of Act No. 7 of 2012. Amendment of section 1 of Act No. 7 2012. Amendment of section 2 of Act No. 7 of 2012. "Application. Amendment of section 5 of Act No. 7 of 2012. Amendment of section 2 of Act No. 7 of 2012. No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 1. The Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by replacing the words "ionizing radiation’’, with the word " radiation" wherever it occurs 2. Section 1 of the Nuclear Safety and Radiation Protection Authority Act, is amended by the repeal and replacement of the definition (a) "Minister" with the following new definition "Minister" means the Minister responsible the Environment; (b) "radiation" with the following new definition "radiation" means "ionizing radiation and non-ionizing radiation. 3. Section 2 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of that section with the following new section 2. This Act shall apply to every source of radiation above the exemption level other than (a) radioactive substances found in nature; and (b) sealed source or an apparatus or a device containing a sealed source, where the dose rate at 10 cm from the source does not exceed 1 micro Sievert per hour and the source activity does not exceed the exemption level.” 4. Section 5 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended in subsection (2) thereof, by (a) inserting immediately after paragraph (xvi) the following new paragraphs "(xvii) to monitor all base stations and masts to ensure that they are in compliance with regulatory standards; (xviii) to monitor ultra violet r a d i a t i o n , m a g n e t i c resonance imaging, ultra sound, lasers, etc.; (xix) to monitor food and other consumables for radioactive contamination"; (b) renumbering of paragraph (xvii) as (xx). 5. Section 7 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended in paragraph (a) thereof, by the repeal and replacement of that paragraph with the following new paragraph "(a) enter, without hindrance, at any time,into any premises, vehicle, ship or aircraft to which this Act applies, with such equipment as the circumstances mayrequire for the performance of his duty under this Act;" 2 3 Amendment of Act No. 7 of 2012. Amendment of section 1 of Act No. 7 2012. Amendment of section 2 of Act No. 7 of 2012. "Application. Amendment of section 5 of Act No. 7 of 2012. Amendment of section 2 of Act No. 7 of 2012. No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 6. Section 15 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of (a) subsection (2) with the following new subsection "(2) The Board shall consist of a Chairman and the following other members, not below the rank of a Director, representing their respective institutions (a) The Ministry of the Enviro nment; (b) The Ministry of Finance; (c) The Ministry of Health and Sanitation; (d) The Ministry of Fisheries and Marine Resources; (e) The Ministry of Planning and Economic Development; (f) Ministry of Energy; (g) Ministry of Information and Communications (h) The Environment protection Agency; (i) The Sierra Leone Police; (j) The office of National Security (k) The Solicitor–Genral; (I) 2 members, at least one of whom shall be female, with proven knowledge and experience in radiation protection matters, appointed by the President on the recommendation of the Minister subject to the approval of Parliament; and (m) The Executive Secretary and Chief Radiation Protection Officer who shall be ex-officio and Secretary to the Board; (b) paragraph (a) of subsection (3) with the following new paragraph (a) a person of proven integrity and demonstrated professional knowledge and experience in radiation protection matters related to the functions of the Authority, appointed by the President on the recommen dation of the Minister and subject to approval by Parliament. 7. Section 44 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of that section with the following new sections 44. The categories of radioactive substances and practices shall be classified as follows "Categories of radioactive substances. 4 5 Amendment of section 44 of Act No. 7 of 2012. Amendment of section 15 of Act No. 7 of 2012. No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 6. Section 15 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of (a) subsection (2) with the following new subsection "(2) The Board shall consist of a Chairman and the following other members, not below the rank of a Director, representing their respective institutions (a) The Ministry of the Enviro nment; (b) The Ministry of Finance; (c) The Ministry of Health and Sanitation; (d) The Ministry of Fisheries and Marine Resources; (e) The Ministry of Planning and Economic Development; (f) Ministry of Energy; (g) Ministry of Information and Communications (h) The Environment protection Agency; (i) The Sierra Leone Police; (j) The office of National Security (k) The Solicitor–Genral; (I) 2 members, at least one of whom shall be female, with proven knowledge and experience in radiation protection matters, appointed by the President on the recommendation of the Minister subject to the approval of Parliament; and (m) The Executive Secretary and Chief Radiation Protection Officer who shall be ex-officio and Secretary to the Board; (b) paragraph (a) of subsection (3) with the following new paragraph (a) a person of proven integrity and demonstrated professional knowledge and experience in radiation protection matters related to the functions of the Authority, appointed by the President on the recommen dation of the Minister and subject to approval by Parliament. 7. Section 44 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of that section with the following new sections 44. The categories of radioactive substances and practices shall be classified as follows "Categories of radioactive substances. 4 5 Amendment of section 44 of Act No. 7 of 2012. Amendment of section 15 of Act No. 7 of 2012. No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 (a) category 1-RTGs, irradiators, teletherapy, fixed multibeam teletherapy gamma knife; (b) category 2-industrial gamma radiography + sources, high or medium dose rate brachy therapy sources; (c) category 3-fixed industrial gauges that incorporate high activity sources, well logging gauges; (d) category 4- low dose rate brachytherapy sources, indus trial gauges that do not incorporate high activity sources, bone densitometers, static eliminators; (e) category 5-low dose rate brachytherapy eye plaques and permanent implant sources, x-ray florescence devices, electron capture devices, Mossbauer Spectrometry, positron emission topography check sources. 44A. The categories of nuclear material shall be classified as follows (a) category 1 (i) 2kg or more Plutonium/ U-233; (ii) 5kg or more HEU; (b) category 2 (i) 500 grams to 2kg plutonium/ U233; 6 7 (ii) 1-5 kG HEU; (iii) 10 kg or more LEU (10 20% U-235); (iv) Irradiated fuel (depleted uranium, natural uranium or LEU with fissile content or uranium less than 10%; (c) Category 3 (i) 15-500grams plutonium/ U-233; (ii) 15-1kg HEU; (iii) 1 -10 kg LEU (10-20% U 235); (iv) 10kg or more uranium enriched up to 10% U-235’’. 8. Section 46 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of subsection (1) with the following new subsection " (1) A person who (a) willfully obstructs another person in the exercise of that person's duties under this Act; (b) without reasonable excuse, fails to produce a licence or other document required to be produced by this Act; "Categori zation of nuclear material. Amendment of section 46 of Act No. 7 of 2012. No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 (a) category 1-RTGs, irradiators, teletherapy, fixed multibeam teletherapy gamma knife; (b) category 2-industrial gamma radiography + sources, high or medium dose rate brachy therapy sources; (c) category 3-fixed industrial gauges that incorporate high activity sources, well logging gauges; (d) category 4- low dose rate brachytherapy sources, indus trial gauges that do not incorporate high activity sources, bone densitometers, static eliminators; (e) category 5-low dose rate brachytherapy eye plaques and permanent implant sources, x-ray florescence devices, electron capture devices, Mossbauer Spectrometry, positron emission topography check sources. 44A. The categories of nuclear material shall be classified as follows (a) category 1 (i) 2kg or more Plutonium/ U-233; (ii) 5kg or more HEU; (b) category 2 (i) 500 grams to 2kg plutonium/ U233; 6 7 (ii) 1-5 kG HEU; (iii) 10 kg or more LEU (10 20% U-235); (iv) Irradiated fuel (depleted uranium, natural uranium or LEU with fissile content or uranium less than 10%; (c) Category 3 (i) 15-500grams plutonium/ U-233; (ii) 15-1kg HEU; (iii) 1 -10 kg LEU (10-20% U 235); (iv) 10kg or more uranium enriched up to 10% U-235’’. 8. Section 46 of the Nuclear Safety and Radiation Protection Authority Act, 2012 is amended by the repeal and replacement of subsection (1) with the following new subsection " (1) A person who (a) willfully obstructs another person in the exercise of that person's duties under this Act; (b) without reasonable excuse, fails to produce a licence or other document required to be produced by this Act; "Categori zation of nuclear material. Amendment of section 46 of Act No. 7 of 2012. Short title. No. 14 2022 Sierra Leone THE NUCLEAR SAFETY AND RADIATION PROTECTION (AMENDMENT) ACT, 2022 Being an Act to amend the Nuclear Safety and Radiation Protection Authority Act, 2012 to provide adequate protection to the public, workers and the environment against the harmful effects of radiation and to provide for other related matters. [ ] ENACTED by the President and Members of Parliament in this present Parliament assembled. Date of com mencement. ACT Supplement to the Sierra Leone Gazette Vol. CXLXIII, No. 58 dated 18th August, 2022 8 No. 14 The Nuclear Safety and Radiation Protection (Amendment) Act 2022 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 58 OF 18TH AUGUST, 2022. (c) willfully withholds any information relating to ownership or management required under this Act; (d) willfully prevents or attempts to prevent a person from giving information relating to ownership or management required under this Act; or (e) gives information which he knows to be untrue or has no reason to believe to be true, commits an offence and is liable on conviction to a fine not less than 10,000,000.00 Leones or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment. " SIGNED this 10th day of February, 2022. DR. JULIUS MAADA BIO, President. LS Passed in Parliament this 25th day of January , in the year of our Lord two thousand and Twenty Two. PARAN UMAR TARAWALLY, Clerk of Parliament. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. PARAN UMAR TARAWALLY, Clerk of Parliament.