Protection from Radiation Act, 1983 (No. 5 of 1983)

1. Short title and commencement.

2. Interpretation.

3. Application.

4. Exemptions. PART II THE NATIONAL RADIATION COMMISSION

5. Establishment of the Commission.

6. President may declare Commission a body corporate.

7. Functions of the Commission.

8. Appointment and functions of Registrar.

9. The Secretariat. PART III CONTROL OF USE OF RADIOACTIVE MATERIAL Prohibitions

10. Prohibition on use of radioactive material.

11. Prohibition on installation of plants.

12. Prohibition on importation of nuclear installations.

13. Prohibition on operation of installations. Provisions Relating to Licensing

14. Licensing of importers.

15. Licensing of users.

16. Liability of licensee. 17, Modification, Suspension and Revocation of licence. 1 2 No. 5 Protection from Radiation 1983 Provisions Relating to Registration Section Title

18. Registration of users.

19. Registration of operators.

20. Registration of mobile radioactive apparatus.

21. Exemptions from registration.

22. Cancellation and variation of registration. PART IV MISCELLANEOUS PROVISIONS RELATING TO PROTECTION FROM RADIATION

23. Duty to ensure safety.

24. Accumulation of radioactive waste.

25. Disposal of radioactive waste.

26. Authorization of accumulation and disposal.

27. Additional facilities and powers for disposal and accumulation of radioactive waste.

28. Provision of cover for licensee's liability.

29. Accidents connected with radioactive apparatus.

30. Liability of public authorities in, respect of radioactive apparatus and installation. PART V THE RADIATION PROTECTION SERVICE

31. Establishment of the Protection Committee.

32. Functions of the Protection Committee.

33. Radiation protection service.

34. Safety officers.

35. Radiation protection staff.

36. Powers of Radiation Protection Staff.

37. Right to enter and inspect.

38. Radiation Protection Fund. PART VI MISCELLANEOUS PROVISIONS

39. Confidentiality and custody of information. No. 5 Protection from Radiation 1983 3 Section Title

40. Regulations.

41. Offences.

42. Evidence in legal proceedings. FIRST SCHEDULE Provisions Relating to the Commission SECOND SCHEDULE Provisions Relating to the Committee No. 5 Protection from Radiation 1983 5 THE UNITED REPUBLIC OF TANZANIA No. 5 OF 1983 I ASSE K. President 9TH May, 1983 ......................... An Act to establish the National Radiation Commission and to pro. vide for its functions in relation to the control of the use of radioactive material and for other matters connected with the protection of person from harm resulting from ionizing radiation I I ENACTED by the Parliament of the United Republic of Tanzania. PART I PRELIMINARY

1. This Act may be cited as the Protection from Radiation Act, Short title 1983, and shall come into operation on such date as the Minister and com- mencent may, by notice published in the Gazette, appoint.

2.-(1) In this Act unless the context requires otherwise- Interpretation "accident" means an Unforeseen event that causes damage to an appa- ratus or Installation or disrupts the normal operation of an appara- tus or installation, and is likely to result for one or more persons in a dose exceeding the maximum permissible doses; "approved medical practitioner'' means a medical practitioner respon- sible, for the medical surveillance, of workers who are liable to receive a dose greater than three-tenths of the annual maxi- mum permissible dose, Whose Capacity to act m this respect is recognized by the competent authority; ''article'' include part of an article; 6 No. 5 Protection from Radiation 1983 "authorized officer" means an officer appointed or authorized to per- form any functions in radiation to the enforcement of the provisions of this Act, and includes a police officer: ''the Commission" means the National Radiation Commission establi- shed by section 5; ''the Committee" means the Radiation Protection Committee establi- shed by section 31; "continuous exposure" means external exposure where the source of ra- diation subjects the body or the critical organ to prolonged expo- sure, although its intensity may vary with lime, or internal expo- sure due to continuous intake, although its level may vary with time. "disease" includes injury and bodily or mental deficiency or abnor- mality; "disposal", in relation to waste, includes its removal, deposit or des- truction, its discharge, whether into water or into air or into a sewer or drain or otherwise, or its burial, whether underground or otherwise. and "dispose or shall be construed accordingly'. "exposure" means any exposure of persons to ionizing radiation-, "external" exposure means exposure resulting from sources outside the body; "facility" means any assembly of devices, equipment, structures or na- tural features, whether simple or complex, which serves some purpose or performs some function, in the course of which ionizing radiation is, or is capable of being created; "ionizing radiation" means electromagnetic or corpuscular radiation, consisting of photons or particles, capable of producing ions, di- rectly or indirectly, in its passage through matter; "internal through matter; exposure" means exposure resulting from source inside the body; "licensee" means a person holding a licence granted under this Act, whether or not that licence remains in force; "Minister" means the Minister for the time being responsible for matters relating to radiation protection; "person using radiation" means person whose undertakings include the possession or ownership of plant, apparatus or installations the operation of which creates ionizing radiation-, "plant" includes any machinery, equipment or appliance, whether affi- xed to land or not, but does not include any thing comprised or to be comprised in any means of transport, whether by land. water or air; No. 5 Protection from Radiation 1983 7 ''premises'' includes any land, whether built up or not, including any place underground and any land covered by water; ''qualified experts'' means preson having the knowledge and training needed to carry, out physical or. technical tests, or radiochemical tests, or to give advice m order to ensure effective protection of individuals and correct operation of protective installations, as the case may be, whose capacity to act as a qualified expert is reco- gnized by the competent authority; ''radiation protection staff'' means any person appointed under section 34 to perform any duties relating to ensuring the protection of persons from harm resulting from ionizing radiation. ''radioactive material" means any matter or substance containing one or more radionuclides the activity or concentration of which is sufficiently intense to entail a significant risk of disability or disease to any body or organ in exposure, whether external or internal, and whether continuous or total: "sealed source'' means a source consisting of radioactive material firmly incorporated in solid and effectively inactive materials, or sealed in an inactive container of a strength sufficient to prevent, under normal conditions of use, any dispersion of radioactive material and any possibility of contamination-, "single exposure'' means external exposure where the source of. radiation subjects the body or the critical organ to exposure of short duration, or internal exposure following the intake of radionuclides, over a short period; ''source'' means an apparatus or material capable of emitting ionizing radiation; "substance'' means any natural or artificial material, whether in solid or liquid form, or in the form of a gas or vapour; "undertaking" includes any trade, business or profession, and, in rela- tion to a public or local authority, includes any of the powers or duties of that authority, and, in relation -to any other body of person, whether corporate or unincorporated, includes any of the activities . I of that body-, "waste'' includes substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the appli- cation of any process, and also includes any subtance or article which requires to be disposed of as being broken, -worn out, con- taminated or otherwise spoilt. (2) In determining, for the purposes of this Act, whether any radio- active material is kept or used on any premises, no account shall be taken of any radioactive material kept or used in or on any vehicle, vessel or aircraft if either- 8 No. 5 protection from Radiation 1983 (a) the vehicle, vessel or aircraft is on those premises in the course of journey-, or (b) in the case of a vessel which is on those premises otherwise than in the course of a journey, the material is used in propelling the vessel or is kept m or on the vessel for use m propelling it. (3) Any substance or article which, the course of the carrying on of any undertaking, is discharged, discarded or otherwise dealt with as if it were waste shall for the purposes of this Act, be presumed to be waste unless the contrary is proved. (4) Any reference in this Act to be contamination of a substance or article shall be construed as a reference to its becoming radioactive or or possessing increased radioactivity as a result of its being so affected by either or both of the following, that is to say- (a) absorption, admixture or adhesion of radioactive material or radioactive waste; and' (b,) the emission of neutrons and other ionizing radiations. Application 3. This Act shall apply throughout Mainland Tanzania in respect of all persons or body of Persons whose undertakings involved or include the production, processing, handling, use, holding, storage, transport and disposal of natural and artificial radioactive material and in respect of any other, activity which involves a risk of harm arising from ionizing radiation. Exemptions 4.-(1) Nothing in this Act shall apply to any material or use of any material which contains radioactivity of less than 0.1 microcurie, or if there is no portion on it in which the concentration exceeds 0.002 microcuries, per gram of material- (2) Save as is provided in this Act, the Minister may, upon the recom- mendation of the Commission, by order published in the Gazette, exempt from the operation of any of the provisions of this Act any person or body of person using any material which Contains radio- active substances of less than the prescribed limits. PART II THE NATIONAL RADIATION COMMISSION Establish- 5.-(l) There is hereby established a Commission which shall be ment of the commission known as 'the National Radiation Commission- (2), The provisions of the First Schedule to this Act shall have effect as to the constitution and the procedure of the Commission, and to other matters in relation to it. (3_ Save for the provision relating to the appointment of the Chair- man, the Minister may, by order published in the Gazette, amend, add to, vary, revoke or replace any of the Provisions of the First Schedule- No. 5 Protection from Radiation 1983 9

6.-(l) Where the President considers that the national 'interest requires President that it is necessary that the batter and more effective development of may declare a body nuclear energy in Tanzania be conducted on a more permanent and corporate co-ordinated basis, he may, by order published in the Gazette, declare the Commission to be a public corporation. (2) Where the President makes an order under subsection (1), the Acts, 1969 No. 17 Commission shall become a body corporate, and the provisions of the Public Corporations Act, 1969, shall apply to the Commission, without prejudice to the provisions of this Act.

7.-(7) The functions of the Commission shall be- Functions of the (a) to be responsible for all matters relating 'to the use of atomic Commission energy and other radioactive materials and substances, with a view to ensuring the protection of workers. students and the public generally from harm resulting from ionizing radiation; (b) to advise or provide information to the Government on the proper use of ionizing radiation in the light of current available knowledge, its possible hazardous effects and the methods neces- sary for enhancing the protection of the public from it; (c) to formulate policy regarding the safe and peaceful use of atomic energy and other -radioactive materials and substances in factories mines, hospitals, and military and other establishments or under- takings; (d) in co-operation with any person or body of persons within or out- (side Tanzania, to carry out, sponsor or facilitate the carrying out of research for the purposes of ensuring the increased life. use of atomic energy m Tanzania; (e) to carry out, or promote the carrying out of, applied research designed to facilitate the evaluation, development and use of modem methods m the control or minimization of the effect of ionizing radiation on persons exposed to it; (f) to promote, or provide facilities for, the training of local per- sonnel for carrying out research for the development in Tanzania of atomic energy for peaceful purposes: (g) to establish a system, upon advice by the Committee, for the dissemination of information relating to the peaceful and safe use of atomic energy in Tanzania-, (h) to establish a system for the registration of, and to register the findings of researches carried out under this Act, and promote the, practical application of those findings for the purposes of improving or advancing the peaceful and more advantageous use of atomic energy in Tanzania and the more effectual protection of the public from ionizing radiation; 10 No. 5 Protection from Radiation 1983 (i) to formulate programmes for, and secure the adequate training of persons to become qualified experts, and other persons ope- rating or required to operate apparatus involving the emission of ionizing radiation; (j) to establish and operate a system for the control of the impor- tation, movement and use of radioactive plants, installations and materials; (k) to consider applications for and grant licences to persons inte- nding to import or use atomic or other radioactive plants, instal- lations or materials; (l) to maintain a register or registers of importers, users and ope- rators, of nuclear or other radioactive plants, installations, appara- tus or other radioactive materials. (m) to do anything or enter into any transaction which in the opinion of the Commission is calculated to facilitate the proper exercise of the functions of the Commission under this Act. (2) For the purposes of carrying out its functions the Commission shall be deemed to be the holder of each and every licence, permit or other authority which may be required by Or under this Act, in rela- tion to any matter connected with the development and use in Tanzania of atomic energy for peaceful purposes. (3) For the purposes of the better performance of its functions the Commission shall establish and maintain a system of consultation and co-operation with- Acts, 1%8 (a) the Tanzania National Scientific Research Council established No. 51 by the Tanzania National Scientific Research Council Act, 1968, (b) the National Chemical Industries; Acts, 1979 No. 5 (c) the Tanzania Industrial Research and Development Organiza- G.N 1969 tion established by the Tanzania industrial Research and Deve- No. 140 lopment Act, 1979'. (d) The Tanzania Petroleum Development Corporation established by the Tanzania Petroleum Development Corporation (Establish- Ment) order, 1969. Acts 1979 (e) the National Institute for Medical Research established by the No. b National institute for Medical Research Act, 1979; G.N. 1972 (f) the State Mining Corporation established by the State Mining No. 163 Corporation (Establishment) Order, 1972; (g), the Central Water Board established by the Water Utilization Acts, 1974 (Control and Regulation) Act, 1974, No. 42 1979 (h) the Tanzania Karatasi Associated industries established by the No. 17 Tanzania Karatasi Associated Industries (Establishment) Order, 1979, and with any other person or body of persons established by or under any written law, whether or not 'in Tanzania, whose functions are re- lated to those of the Commission or whose participation or collabo- ration in the work of the Commission or any of its programmes is No. 5 Protection from Radiation 1983 11 likely to advance the better and more effective furtherance of the objects and purposes of this Act and the enhancement of the health and welfare of the people of Tanzania. 8,(I) The Minister shall appoint a public officer who is a qualified Appointment and function expert to be the Registrar of tile commission. of Registration (2) The Registrar shall be the chief executive officer of the Commis- sion, shall perform the duties prescribed m relation to his office under this Act. and shall perform such other functions as may, from time to time, be specified by the Minister or the Commission. 9-(1) Until such time as, or unless, the President makes an order The secreta- in pursuance of the provisions of section 6, the Tanzania National riat Scientific Research Council established by the Tanzania National Scientific Research Council Act, 1968, shall be the screretariat of the Acts, 1968 Commission for the purposes of this Act No. 51 (2) For the purposes of this section, the public officer appointed to be the Registrar shall be also the chief executive officer of the Secre- tariat of the Commission. PART III CONTROL OF USE OF RADIOACTIVE MATERIAL Prohibitions Prohibition

10.-(l) Except as provided otherwise in this Act, no person shall, on use of on or after the appointed day, m pursuance of his undertaking Use any radioactive radioactive material or other facility unless he is registered as such material in accordance with the provisions of this Part. (2) Any person who contravenes, fails or refuses to comply with the provisions of subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding ten thousand shillings or to impri. sonment for a term not exceeding six months or to both that fine and imprisonment and' the court convicting him may, in any appropriate case, in addition to the fine or imprisonment imposed, make an order for the forfeiture of the radioactive material or other facility in question. Prohibition

11.-(1) Except as provided otherwise m this Act, no person shall on instlla- on or after the appointed day, in the furtherance of his undertaking tions install any plant designed for- of plants (a) the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an ad- ditional source of neutrons; or (b) the production or use of atomic energy; or (c) the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and which involves or is capable of causing the emission of ionizing radiation-, or (d) the accumulation, storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive material or waste which has been irradiated in the course of the production or use of nuclear fuel, 12 No. 5 Protection from Radiation 1983 unless he is registered for that purpose in accordance with the pro- visions of this Part. (2) For the purposes of this section, installation of a plant shall include the adaptation of any plant, facility, apparatus or any part of it in order to achieve any of the purposes or obtain any of the effects specified in subsection (1). (3) Any person who contravenes, or willfully fails or refuses to com- ply with any of the provisions of this section is guilty of an offence and liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding three years or to both that fine and imprisonment and the court convicting him may, in any appropriate case, in addition to the fine or imprisonment imposed, make an order for the forfeiture of the installation.

12.-(l) Except as provided otherwise in this Act, no person shall, Prohibition on importa- after the appointed day, import or cause to be imported into Tanzania tion of any installation, material, plant or other apparatus which is or is nuclear intended to be made into, a source of ionizing radiations, unless he of istalla- has previously complied with the provisions of this Part which relate tion to importers and the importation of nuclear installations. (2) For the purposes of this section the importation of an article, substance, material or part of an apparatus which, on being incorpo- rated into or fixed, attached or connected to any existing plant or installation, would result in making the plant or installation a source of ionizing radiation, shall be deemed to be importation of a nuclear installation. (3) Any person who contravenes, or willfully fails or refuses to com- ply with, any of the provisions of this section is guilty of an offence and liable on conviction. to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding five years or to both that fine and imprisonment, and the court convicting him may, in any appropriate case, in addition tot the fine or imprisonment imposed, make an order for the forfeiture of the nuclear installation in question. Prohibition 13.-(1) No person shall operate or hold himself out as qualified on operation and capable of operating any apparatus, facility, plant or installation of installa- or any part of any apparatus, facility, plant or installation, which is tion or consists of, a source or sources of ionizing radiation unless he is a qualified expert and is duty registered as such in accordance with the provisions of this Part. (2) No person using 'radiation shall employ, permit or otherwise cause any person who is not a qualified expert to operate any plant, installation or apparatus, or any part of it, which constitutes his under- taking. (3) Any person who contravenes or fails to comply with any of the provisions of this section is guilty of an offence and Fable on con- viction to, a fine not exceeding ten thousand shillings or to imprison- ment for a term not exceeding five years or to both that fine and im- prisomnent. No. 5 Protection from Radiation 1983 13 Provisions Relating to Licensing

14.-(l) Every person wishing to import, or whose business consists Licensing of importers of the importation of, any apparatus, article, plant, installation or other material or substance which is a source Or is intended to be used for the purposes of an undertaking involving the emission of ionizing radia- tion, Shall do so only after securing a licence issued to him by the Commission under this section. (2) A licence may be issued wider this section upon an application being made to the Commission in the prescribed form and payment of the prescribed fees. (3) The licence issued under this section shall be in the prescribed form and shah contain such particulars in relation to the licensee and the article or other material to be imported as may be prescribed. (4) In considering Whether or not to grant a licence under this sec- tion, the Commission shall take into account the need for minimising the number of person individually importing sources of ionizing ra- diation, and in the case of applicant who is a person using radiation, whether he has fulfilled any requirements- prescribed in respect Of such persons by the Minister. (5) The Commission may issue a licence under this section, subject to, such conditions or limitations as it may deem fit or necessary to im- pose in any particular case.

15.-(1), Subject to subsection (4), every person using radiation shall, Licensing of users before doing so, secure a licence issued so him by the Commission users under this section permitting him to do so. (2) The provisions of section 14(2), (3) and (5) shall apply to appli- cations for and the grant of licence under this section. (3) Where immediately before the enactment of, this Act a person is carrying On any undertaking which upon the commencement of this Act makes him a person using radiation, he shall within not more than three months from the appointed day apply for licence under this section. (4) A licence shall not be granted under this section to any person other than a body of persons, corporate or unincorporated, and shall not be transferable,

16.-(1) This section shall apply to every person using radiation who Liability of is licensed for that purpose under this Part, and also to every person licensing whose licence permits him to import in bulk sources of ionizing radia- tion for the purposes of We to 00, installation for persons who are users of radiation. (2) Every licensee to whom this section applies shall be responsible for ensuring that no ionizing radiations, emitted as a result of the car- rying on of his undertaking on his premises, cause any hurt to any 14 No. 5 Protection from Radiation 1983 person or damage to any property which is on the premises or elsewhere, subject to subsection (4). (3) No person other than the licensee to whom this section applies shad be under any liability in respect of any hurt to any person or any damage to any property caused by any ionizing radiations to which subsection (2) applies. (4) No licensee shall incur any liability by virtue of subsection (3) in respect of any ionizing radiations- (a) whose emission, or the causing of any hurt to any person or any damage to any property by their emission, is attributable to hostile action in the course of any armed conflict, including any armed conflict within the United Republic; (b) the hurt resulting from which is suffered by a patient under- going treatment by exposure to radiation under the direction or supervision of an approved medical practitioner; (5) Whenever a physical or mental disability occurs m a person, and which an approved medical practitioner- (a) ascribes to radiation exposure, the disability shall be presumed to have resulted from exposure to radiation from a source of strength sufficient to give rise to such disability; (b) ascribes to radiation as well as to other causes, the following factors shall be considered for the purposes of establishing the cause of the disability, namely.- (i) if the disability is of a nature known to be capable of being caused, by either radiation or any other cause and it appears that the person may have been exposed to a source of radiation of a strength sufficient to have caused the disability, it shall be presumed that the disability, arose from one or more of such exposures if no record of personal exposures has been maintained to a standard approved by an appropriate radia- tion protection staff; (ii) if the disability is of a nature known to be capable of arising from radiation and from any other possible cause, and there exists a personal radiation exposure record in respect of that person which indicates that there have occurred in relation to him exposures in excess of the recommended permissible levels, it shall be presumed that the disability occurred as a result of that radiation exposure; (iii) if the disability is of a nature known to be capable of arising from radiation and from any other possible cause, and there exists a personal radiation exposure record in respect of that person which has been maintained to a standard appro- ved by an appropriate radiation protection staff, it shall be presumed that the disability did not arise from radiation No. 5 Protection from Radiation 1983 15 exposure if the record indicates that the exposures have been within the permissible limits on all possible occasions of exposure. Modification,

117.-(1) Subject to the provisions of this Act, every licence issued suspension under this Part may be modified m its terms, suspended or revoked. and revoca- tion of (2) The Minister shall make regulations providing for the circum- licences stances and occasion on which a licence may be modified, suspended or revoked, and for the consequences of each of those events. Provisions Relating to Registration

18.-(1) The Registrar shall keep and maintain a register in the pres- Registration cribed form in which he shall enter and maintain such particulars in of of users relation to licensed persons using radiation as the Minister may, upon the advice of the Commission, prescribe. (2) The Registrar shall, at least once in every calendar year, publish in the Gazette the particulars in respect of every person using radiation registered under this section. (3) Where a licence granted to any person under this Part permitting him use radiation is revoked, the registration of that person shall be canceled from the register.

19.-(l) The Registrar shall keep and maintain a register of qualified Registration experts operating apparatus, installations and plants m undertakings of operators owned by persons using radiation. (2) As soon as practicable after the Commission has accepted the application of any person for registration as a qualified expert under this section, the Registrar shall enter in the register m respect of that person such particulars as the Minister may by regulations prescribe. (3) All changes in the particulars registered under subsection (2) shall be entered m the register by the Registrar. (4) The Registrar may, with the general or specific approval of the Commission rectify any clerical errors in the register or other do- cument containing extracts from the register. (5,) The Minister shall make regulations prescribing qualifications to be attained by any person in order to qualify for registration under this section, and for that purpose the Minister may provide for the passage of any qualifying tests or examinations by any person prior to applying for registration. (6) The Regulations made under subsection (5) shall provide for the procedure to be followed by person applying for registration and by the Commission in considering their applications.

20.-(1) With effect from the appointed day no person shall- Registration of mobile (a) keep, or cause or permit to be kept, mobile radioactive apparatus radioactive of any description for the purpose of its being used in the provi- apparatus sion by him of serves to which this section applies; or 16 No. 5 Protection from Radiation 1983 (b) use, lend or lot on hire, or cause or permit to be used, lent or let on hire, mobile radioactive apparatus of any description in the course of the provision by him of any such services, unless he is registered under this section in respect of that apparatus or is exempted from registration under this section in respect of mobile radioactive apparatus of that description. (2) This section shall apply to any services which consist of- (a) using mobile radioactive apparatus for testing, measuring or other- wise investigating any of the characteristics of substances or articles situated elsewhere than on premises occupied by the person providing the services, or (b) lending or letting on hire mobile radioactive apparatus for the purpose of its being so used. (3) Every application for registration under this section shall be made to the Commission, specifying the mobile radioactive apparatus to which the application relates, and the nature of the services to which this section applies in the course of which the apparatus is to be used, lent or let on hire, and containing such other information as the Mi- nister may, by regulations, prescribe. (4) Where an application is made to the Commission for registration under this section m respect of any apparatus, the Commission may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the Commission may see fit, or may refuse the application. (5) Where the Commission has granted an application for the regis- tration of any person under this section in respect of any mobile radio- active apparatus, the Registrar shall furnish him with a certificate con- taining all material particular of the registration. (6) The Commission shall cause to be kept and maintained a register of persons registered' under this section containing all the particulars of the registration. Exemption 21.(1) The Commission is hereby exempted from registration under from section 20 in respect of any mobile radioactive apparatus of every des- registration cription that may Come possession or under its control in the course of the performance of its functions. (2) A person need not apply for registration as a person using gadia- tion if the activities of his undertaking involve- (a) the use of radioactive substances whose quantities do not exceed a prescribed total of radionuclides in relation to any given authority; (b) the use of radioactive substances of a concentration of less than 0.002YCig-¹, the limit being increased to 0.00YCig-¹ for sold natural radioactive substances; No. 5 Protection from Radiation 1983 17 (c) the use of navigation. instruments or timepieces containing radio- luminescent paint, but not their manufacture or repair except as provided for in paragraph (a). (d) apparatus emitting ionizing radiations and containing radioactive substances in amounts greater than the values specified in para- graph (a), provided that: (i) it is of a type approved by the competent authority; (ii) it possesses advantages in relation to the potential hazard that, in the opinion of the competent authority, justify its use; (ii) it is constructed in the form of sealed sources ensuring effective protection against any contact with the radioactive substances and against any leakage of them, and (iv) it does Dot cause at any point situated at a distance of 0.1 m from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 m rem h-¹; (e) Apparatus other than television receivers emitting ionizing radia- tion but not containing any radioactive substances, provided that: (i) it is of a type approved by the competent authority; (ii) it possesses advantages in relation to the potential har- zard that, in the opinion of the competent authority, justify its use; and (iii) it does not cause at any point situated at a distance of 0. 1 m from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 m rem h 1; (f) television receivers which do not cause, at any point situated at a distance of 0.05 m from the accessible surface of the receiver a dose rate exceeding 0.5 m rem h-I (3) The Minister may, upon the advice of the Commission, by order Published in the Gazette, grant further exemptions from registration under this Part, by reference to such categories of persons, and such descriptions of radioactive substances and, mobile radioactive apparatus, as he may specify in the order. (4) Any exemption granted under this section, may be granted or confirmed subject to such limitations or conditions as may be, specified by the Minister,

22.-(l) Where any person is for the time being registered under this Cancellation and variation Part for the purposes of this Act, the Commission may at any time of registra- cancel the registration or may vary it-- tion (a) where the registration has effect without limitations or conditions, by attaching limitations or conditions to it; 18 No. 5 Protection from Radiation 1983 (b) where the registration has effect subject to limitations or condi- tion, by revoking, or, varying any of those limitations or condi- tions' or by attaching further limitations or conditions to it. (2) The Commission, shall, on canceling or varying a registration under this section, give notice of that event to person to whom the registration relates. (3) Any person aggrieved by the cancellation or variation of any regis- tration in respect of him may appeal to the Minister whose decision on the appeal shall be final and not subject to review, appeal or any other proceeding before any court. PART IV MISCELLANEOUS PROVISIONS RELATING TO PROTECTION FROM RADIATIONS Duty to 23. It shall be the duty of the Commission and of every person using ensure safety radiation to ensure that provisions are made and systems of operations established whereby the health and person of workers, students and members of the public generality shall be secured against all foreseeable harm resulting from ionizing radiation.

24.-(1) Subject to the provisions of this section, with effect from the effective date, no person shall, except in accordance with an autho- rization granted in that behalf under this section, accumulate, with a view to subsequent disposal,', any radioactive waste on any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so accumulated, if he knows or has reasonable grounds for believing it to be radioactive waste. (2) Where the disposal of any radioactive waste has been authorized under section 25, and in accordance with that authorization the waste is required or permitted to be accumulated with a view to its subsequent disposal, no further authorization under this section shall be required to enable the waste to be accumulated in accordance with the authori- zation granted under section 25. (3) For the purposes of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, keeping or use of that material is accumulated in a part of the premises appropriated for the purposes, and is retai- ned there for a period of three or more months, that substance shall, unless the contrary is proved, be presumed- (a) to be a radioactive waste, and (b) to be accumulated on the premises with a view to its subse- quent dispoal. Disposal of 25.-41) Subject to the provisions of this section, as from the ap- radioactive pointed day, no person shall, except in accordance with an authorisa- waste tion granted in that behalf under this section, dispose of any radioactive No. 5 Protection from Radiation 1983 19 waste on or from any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so disposed of, if he knows or has reasonable grounds for believing it to be radioactive waste. (2) Where any person keeps any mobile radioactive apparatus for the purpose of its being used in the provision by him of services to which, section 20 of this Act applies, he shall not, on or after the appoi- nted day, dispose of any radioactive waste arising from any such appa- ratus so kept by him, or cause or permit any such radioactive waste to be disposed of, except in accordance with an authorisation granted in that behalf under this subsection. (3) Where on or after the appointed day any person, in the course of carrying on by him of an undertaking, receives any radioactive waste for the purpose of its being disposed of by him, he shall not, except in accordance with an authorization granted in that behalf under this section,. dispose of that waste, or cause or permit it to be disposed of, knowing or having reasonable grounds for believing it to be radioactive waste, subject to subsection (4). (4) The disposal of any radioactive waste shall not require an autho- risation under subsection (3), if it is waste which falls within the pro- visions of an authorization granted under circumstances described in subsection (1) or (2) of this section.

26.-(1) The power to grant authorizations under section 25 in res- Authorization pect of the disposal of radioactive waste on or from any premises used of accumula- tion and for any undertaking by any person using radiation shall be exercise be disposal by the Commission, with the consent of the Minister; and the disposal of radioactive waste on or from any such premises shall not be treated as authorized -under that section unless it is so authorized with the con- sent of the Minister. (2) Before granting his consent to a proposal by the Commission to grant an authorisation to which section 25 relates, the Minister shall consult with such local authorities, water utilisation authorities, sta. tutory water undertakers, river basin authorities or other public or other authorities as appear to him to proper to be consulted. (3) An authorization under section 24 or 25 may be granted either in respect of radioactive waste generally or m respect of such one or more descriptions of radioactive waste as may be specified in the authorization; and any such authorization may be granted subject to such limitations or conditions as the Minister may, on granting con- sent, authorize the Commission to impose. (4) Upon the grant by the Commission of an authorisation, the Re- gistrar shall- (a) furnish the person to whom the authorisation is granted with a certificate containing all material particulars of the autho- risation; and 20 No. 5 Protection from Radiation 1983 (b) shall unless, for reasons of national security, it is in the opinion of the Minister necessary that knowledge of the authorization be restricted, send a copy of the certificate to local authority in whose area the radioactive waste is to be disposed of or accu- mulated, and to any other public or local authority consulted in relation to the application for the grant of the authorization. (5) The Commission may at any time dither of its own motion and with the consent of the Minister, or on the direction of the Minister, revoke any authorization granted by it, or may vary it- (a), where the authorization has effect without limitations or condi- tions, by attaching limitations or conditions to It; (b) where the authorization has effect subject to limitations or co- nditions, by revoking or varying any of those limitations or co- nditions, or by attaching further limitations or conditions to it. (6) Upon the revocation or variation of an authorization, the Com- mission shall give notice of it to the person to whom the authorization was granted, and, if a copy of the certificate of authorization was sent to any local authority, shall send a copy of the notice to that authority. Additional 27.-(1), If it appears to the Commission that adequate facilities do facilities for disposal not exist or are not available for the safe disposal or accumulation and accumiu- - of radioactive waste the Commission may, after consultation with the lation of radioactive Minister, arrange, for the provision of such facilities by such persons waste as it may deem fit. (2) Where, in the exercise of the power conferred by subsection (1), the Commission proposes to arrange for the provision of a place for the disposal or accumulation of radioactive waste, it shall, before car- rying out the proposal, consult with any local authority in whose area of jurisdiction the place would be situated, and with such other public or local authorities as appear to the Commission to be proper to as it may deem fit. (3) The Commission may, after consultation with the Minister, make reasonable charges for the use of any facilities provided in, accordance with arrangements made by it. (4) If there is radioactive waste on any premises and the Commis- sion is satisfied that- (a) the waste ought to be disposed of; but (b) by reason of the premises being unoccupied, or the occupier being absent or insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the Commis- sion exercise its, powers under this subsection. No. 5 Protection from Radiation 1983 21 the Commission may dispose of that radioactive waste as it deems fit, and shall recover from the occupier of the premises, or if the premises are unoccupied, from the owner of the promises, any expenses reasonably incurred by the Commission in disposing of it.

28.-(1) Tile Minister 9", . after consultation with the Commission, Provision and with the approval by resolution of the National Assembly, make of cover for provisions, requiring persons or categories of persons using radiation licence's liability to make provisions either by insurance or by such other means as may be specified, for the Purposes of making available at all time funds sufficient to cover any claims which may be established against those persons as licensee in respect of any hurt to any person or damage to any property caused by ionizing radiations emanating from the acti- vities of their undertakings. (2) provisions made under this section shall be published in the Accidents Gazette, and may provide for the imposition of penalty upon any per- connected son using radiation to whom the provisions 'apply who is proved to with radio- active contravene or W to comply with them. apparatus

29.-(1) The Minister shall, upon the advice of the Commission make rules relating to the procedure and manner of dealing with the happening on, or in connection with the use of, any premises or an occurrence of any such class or description as may be prescribed. (2) Without prejudice to the generality of the power conferred by subsection (1), the rules may include provisions regarding- (a) the reporting and the procedure for the reporting tile occurrence, (b), the person or persons to whom the report is to be made; (c) consequences on any person of not reporting the occurrence; (d) the inspection of the premises where the occurrence happens; and (e) matters connected with legal proceedings resulting from such oc- currences. (3) Reports of occurrences of the nature to be provided for in the rules shall, except where the Minister consider it in the interests of national security to restrict their publication, be made public in such manner and at such time as the Minister may prescribe.

30.-(1) For the purposes of this Act, any department of Govern- Liability of ment, public or statutory corporation, board, local government autho- public autho- rities in rity or other public authority, which for the purposes of furthering respect of its functions uses or is required to use radiation shall comply with the radioactive provisions of this Act m the same manner and to the same extent as apparatus any other person using radiation, subject to subsection (2). and installa- tions (2) Save as is otherwise provided in this Act, the Minister may make regulations for the purposes of facilitates the smooth compliance with the provisions of this Act by departments of Government, public or sta statutory corporations, boards, local government authorities and other public authorities which are or become persons using radiation. 22 No. 5 Protection from Radiation 1983 PART V THE RADIATION PROTECTION SERVICE Establish- 31.-(1) There is hereby established a committee to be known as the ment of the Radiation Protection Advisory Committee. Protection Committee (2) The provisions of the Second Schedule to this Act shall have expect as the composition, the procedure and other matters in relation to the protection committee. Functions of 32.-(1) The Radiation Protection Advisory Committee shall be the the protection principal advisory and executive organ of the Commission for ensuring committee the establishment, maintenance and operation of a radiation protection service in Tanzania. (2) without prejudice to the generality of subsection (1), for the purposes of the more effective performance of its functions, the Protec- tion committee shall be responsible for advising the Commission on- (a) all matters referred to it by the Committee for its advice; (b) appropriate measures necessary to be taken by the Commission for ensuring the safety of workers, students, soldier and other members of the public in the use or disposal of radioactive waste or devices capable of producing ionizing radiation in dangerous amounts; (c) matters relating to the recruitment, employment and maintenance of a corps of radiation protection staff who are qualified and sufficient to effectively monitor and enforce compliance with the provisions of this Act by persons using radiation and by all other persons and bodies of persons to whom, or to whose undertakings, this Act applies; (d) all matters of a technical nature in respect of Which the Com- mission is required or permitted by the provisions of this Act to act or to advise or recommend upon to the Minister and other matters which the protection committee -is competent to advise upon. (3) The protection Committee may, for the more effectual furtherance of the objects and provisions of this Act, after duly notifying the Com- mission, initiate studies, inquires or investigations concerning the safe use and disposal of radionuclides or devices producing ionizing radiation, and submit the results of such studies, enquiries or investigations to the Commission, together with- (a) recommendations on measures of a technical nature which ought to be taken (b) recommendations on any legal measures or provisions which ought to be taken or made by the Commission or the Minister*. (c) recommendations regarding the expenditure of funds, if necessary, for the purposes of carrying out the measures or other act re- commended. No. 5 Protection from Radiation 1983 23

33.-(1) For the purposes of establishing, maintaining and operating a radiation protection service, the Committee shall, with the prior approval of the Commission, establish a system which will facilitate and ensure-- (a) the determination of the extent of exposure to ionizing radiation of the public generally and, in particular, of students, military officers, and persons employed 'in research and teaching establish. ments, and in hospital and dental surgeries, and the degree of risk of disability ascribable to such exposure, subject to the provisions of this Act; (b) the examination, if deemed necessary by an appropriate radiation protection staff, of all premises in respect of which a licence to install or use apparatus emitting ionizing radiation is in force, and all places in respect of which registrations have been granted for the accumulation or disposal of radioactive waste; (c) the correct and accurate appraisal of the Commission on the extent of radiation exposures in Tanzania; (d) the proper and full collection and dissemination of information and advice to the public generally, and to licensees in particular, regarding measures necessary or desirable to be taken to reduce exposure to acceptable or prescribed limits. (2) In addition to the provisions of subsection (1), the protection committee shall make arrangements to facilitate the establishment and maintenance of personal radiation dissymmetry service for the purposes of- (a) providing personal radiation measuring devices to be worn by individuals occupationally exposed to radiation; (b) providing a 'reporting service for the maintenance of adequate records of personal radiation exposure measurements, making it possible for it to report to the Commission and to licensees, at suitable intervals, on the information contained in the records; and (c) facilitating the provision of early or efficacious warnings to indi. viduals who have been or are likely to be subject to overexposure. (3) The personal radiation dissymmetry service provided for under subsection (2) my, at the discretion and direction of the Commission, be provided without charge or upon payment of such fees as may be determined by the Commission with the consent of the Minister or, subject to the directions of the Minister in that behalf, its use by any licensee may be included in any licence or certificate of registration as a condition subject to which the licence or registration is granted. (4) The radiation protection service shall be under the charge and di- rection of a qualified expert appointed by the Commission from amongst the radiation protection staff, and shall be responsible to the protection committee in the protection of his functions. 24 No. 5 Protection from Radiation 1983

34.-(1) Every person using radiation shall, after consultation with the Committee, appoint a qualified expert employed -by him to be a Safety Officer in relation to his undertaking. (2) For the purposes of this section, where any undertaking consists of activities carried on in two or more different premises, and the carrying on of the activities in such premises involves the production of ionizing radiation, there shall be appointed a Safety Officer in respect of each such premises notwithstanding that the different pre- mises are each a part of one undertaking belonging to one person using rediation. (3) It shall be the duty of every Safety Officer appointed under this section,- (a) to advise the employer appointing him in relation to all matters pertaining to the protection of workers from radiation; (b) to advise the employer regarding the observance and enforce. ment of local rules for the protection of workers from radiation; (c) to advise and liaise with the Registrar regarding the implementa- tion of radiation protection measures at his place of work; (d) to assist Radiation Protection Officers in the enforcement of the provisions of this Act in relation to the undertaking in respect of which he is appointed. (4) Every Safety Officer appointed under this section shall be deemed to be a radiation protection staff. (5) Notwithstanding any provision to the contrary in any written law, no act or thing done or omitted to be done by any Safety Officer, if done bona fide in furtherance of the provisions of this Act, make him personally liable to any proceeding or demand of any kind. nor to any disciplinary or other measure by or on behalf of his employer impinging upon the continuance, terms or conditions of his employment Radiation 35.-(1) Until such time as the President makes an order confer protection staff ring on the Commission the status of a body corporate, the Minister shall after consultation with the Minister for the time being responsible for manpower development and administration, and upon the advice of the Commission, make such arrangements as may be suitable for the appointment of a sufficient number of public officers to be members of the radiation protection staff, for the purposes of ensuring the proper and effective carrying into effect the provisions of this section. (2) Every public officer appointed under subsection (1) shall be designated a radiation protection officer, in addition to the designation by which he is known in relation to the office he holds in connection with his full-time occupation in the public service. (3) Where the President provides for the conference upon the Com- mission of the status of a body corporate, the Commission shall, sub- ject to such other provisions as the President may have made in that behalf, be responsible for the appointment, from time to time, at such salaries and upon such terms and conditions as it may determine, such number of radiation protection staff and other employees of the Com- No. 5 Protection from Radiation 1983 25 mission as it may deem necessary for the proper and efficient conduct of the business and the activities of the Commission and the protec- tion committee. (4) For the purposes of ensuring the smooth execution and admini- stration of its business and that of the protection committee, the Com- mission may establish such system of designations and grading of radia- tion protection staff as it may deem fit or expedient. (5) Upon the appointment of any public officer to be a radiation protection staff the Registrar shall furnish that officer with a certi- ficate of appointment signed by the chairman of the Commission; and also an identification card signed by the Registrar for the purposes of authenticating the authority of such staff in the exercise of his func- tions should such occasion arise.

36. Every radiation protection staff, in the exercise of his functions Power of rediation under this Act, have power to- protection (a) make such examination and inquiries as may be necessary to staff ascertain that the provisions of this Act are being complied with; (b) examine, either alone or in the company of any other person whose presence he deems necessary, any person with respect to any matter connected with the enforcement of this Act, or require such person to be so examined: (c) where the radiation protection staff is an approved medical prac- titioner, carry on such medical or other examination as may be necessary in the discharge of the duties imposed on him by or under this Act, (d) do such other act or thing necessary, expedient or desirable for the effective carrying into effect the provisions of this Act.

37.-(1) Subject to the provisions of this Act, and of any other Right to written law, if any radiation protection staff or other authorized enter and person reasonably suspects that any provision of this Act or regula- inspect, etc. tion rule, direction or other provision made or issued under this Act is being, has been or is about to be contravened by any person, m any premises, vehicle, vessel or aircraft he may- (a) enter the premises, or stop and enter any vehicle, vessel or aircraft, or any part of any of them for the purposes of stop- ping or preventing the contravention or ascertaining whether in fact a contravention is occurring or has occurred and take ap- propriate measures-, (b) upon such entry, require the production of any licence or cer- tificate authorizing the use, -installation or transportation of any source or sources concerned, and any register, notice, book or other document kept, or required to be kept by the licensee in pursuance of this Act or any regulations, rules, directions or other provisions made or issued under it. 26 No. 5 Protection from Radiation 1983 (2) Every owner or occupier, and every agent or employee of the owner or occupier of any premises, vehicle, vessel or aircraft in or on which there is any source, or any radioactive apparatus, material or waste is installed, accumulated, disposed of or being transported, shall upon demand by a radiation protection staff in accordance with sub- section (1). furnish the means required or necessary to facilitate the entry, inspection examination, enquiry, the taking of samples and any other act in the furtherance of the provisions of this section. ... Radiation 38.-(1) There is hereby established a fund to be known as the Protection National Radiation Protection Fund. Fund (2) The National Radiation Protection Fund shall consist of- (a) such sums as may be provided by Parliament, by way of appropria tion grant or loan, for the purposes of the Commission; (b) such sums accruing by way of donations, grants, bequests or loans as the Commission may from time to time receive from any person or organization; (c) such sums accruing to the Commission by way of fees or other payments charge in respect of any services rendered by the Commission at I for which fees may be charged; under this Act; (d) such other sums or property which may vest m the Commission under this Act or any other written law or which may vest in the Commission in any other manner in the performance of its functions. (3) The National Radiation Protection Fund shall be applied for meeting the expenses of the Secretariat of the Commission and for the purposes for which the Commission is established by this Act. (4) The Fund shall be managed and controlled by the Registrar, who shall for that purpose be answerable to the Commission, subject to sub-section (5). , . (5) The Minister may from time to time issue directives in writing, regulating the use or the Fund, and shall, after consultation with the Minister, for the time being responsible for finance, make Rules provi- ding or the of the Fund and for the audit of the accounts of the Fund. Confidentia- 39.-(1) Every member of the Commission, every member of the lity and custody of protection committee, the Registrar and every radiation protection information staff, performing any functions arising from the provisions of this Act shall treat as confidential the course of any complaint whereby he becomes aware of, any contravention or imminent contravention. of any of the provisions of this Act, and shall not give any notice or other kind of intimation to any person using radiation that a visit or ins- pection is to be made in consequence of any such complaint or infor- mation received. (2) Every person employed under this Act or otherwise engaged in the furtherance of the administration of its provisions, shall treat as confidential and secret any information which comes to his knowledge No. 5 Protection from Radiation 1983 27 in the course of the performance of his functions, and which is of a type ordinarily considered as being, subject to professional commer cial, trade or industrial secrecy, the revelation of which is not neces- sary for implementation of the provision of this Act. (3) The provisions of this section shall remain in force in respect of all persons to whom they relate, whether or not any such person has ceased to be engaged or employed in the furtherance of the ad ministration of the provisions of this Act. PART VI MISCELLANEOUS PROVISIONS

40.-(1) The Minister may, on his own motion or upon the recom- Regulation mendation or advice by the Commission, make regulations for the better carrying out of the objects and provisions of this Act. (2) Without prejudice to the generality of the power conferred by subsection , the Minister may make regulations- (a) providing for the conduct of the business of the Commission and the protection committee, subject to the other provisions of this Act: (b) providing for the appointment by the Commission of committees of the Commission to which persons who are not members of the Commission may be co-opted; (c) providing further for the duties of the Registrar; (d) prescribing forms, certificates, procedures, fees and other matters, in relation to licences, registration and authorizations provided for under this Act; (e) limiting the use of radioactive material, apparatus or equipment emitting dangerous ionizing radiation for any specified purpose including use for medical, dental or surgical purposes; (f) restricting exposure to radiations in the lowest possible level; (g) determining the highest permissible doses from and the con- centration of radioactive materials; (h) designating any areas as controlled areas for the purposes of this Act, and provide for the labeling of such areas and radio- active materials- P (i) requiring, and providing for systems for informing of workers on the dangers capable of resulting from ionizing radiations and on the necessary safety precautions; (j) providing for special medical check-ups of workers before and after commencing their occupation and in definite time intervals; (k) providing for the control and regulation of the purchase, sale and transfer of radioactive apparatus, materials or articles-. 28 No. 5 Protection from Radiation 1983 (l) providing for the proper management control and administra. tion of the radiation protection service and providing for and regulating discipline amongst the radiation protection staff, (m) providing for the formulation and establishment of a code of professional conduct for qualified experts and persons engaged in the operation of radioactive apparatus and installations; (n) prescribing anything which is required or permitted to be pres- cribed under this Act; and (0) providing for any other matter which, in the opinion of the Mi. nister, it is necessary that it be provided for so as to ensure the efficient Performance of the functions of the Commission and, generally. the furtherance of the objects and provisions of Act. (3) Regulations made under this section shall be published in the Gazette. Offences 41.-(l) Any person who willfully destroys, damages or interferes in any way with any equipment, apparatus, instrument, plant or instal- lation or any part of it, which is a source of ionizing radiation, instal such manner as to cause the uncontrolled or unregulated emission of radiation which causes loss of the life, limb or property of any per. son As guilty of an offence and liable on conviction to a fine not exceeding one hundred thousand shillings of imprisonment for a term not exceeding five years or to both that fine and imprisonment. (2) Any Person Who knowingly willfully and without any reasonable excuse- (a) fails or refuses to produce any register, licence, certificate, notice or other document required of him by a radiation protection staff in the performance of his functions under this Act; (d) in any other manner obstructs any radiation protection staff in to the owner, occupier or other person responsible for the mana- gement of any source. (c) conceals, prevents or attempts to prevent a person from appear. ing before or being examined by a radiation protection staff; (d) in any other manner obstructs any radiation protection staff in the course of performing functions under this Act; or (e) contravenes, fails or refuses to comply with any other provi- sion of this Act in, relation to which contravention, failure or refusal no specific penalty is provided. is guilty of an offence and liable on conviction to a fine not exceeding seven thousand shillings or to imprisonment for a term not exceeding four years, or to both that fine and imprisonment. (3) Where any person is convicted of an offence under this section, the court convicting him may, in any appropriate case, in addition to any penalty that it shall impose. make an order for the forfeiture, im- No. 5 Protection from Radiation 1983 29 pounding destruction, incapacitation, sealing or disposal in any other manner of any radioactive material apparatus- substance or article in respect of which the offence in question may have been committed. 42-(1) In any proceeding for an offence or a suit claiming damages arising from or under this Act without prejudice to any requirement to comply with any special condition included in the licence. certificate, authorization or regulations, any evidence that the holder of a licence. certificate or authorization has complied with the radiation safety standard or recommendations Or Permissible radiation exposure pu blihed by the International Atomic Agency or by the International Com- mission on Radiological protection shall be plima facie evidence that the holder of such licence, Certificate, or authorization has complied with radiation safety standards with respect to the requirements of this Act. (2) Any authenticated records of exposure measurements maintained in accordance with the provisions of this Act shall, unless the contrary is proved, be accepted by every court before which proceedings arising from this Act are conducted, as evidence establishing causes of disability. FIRST SCHEDULE (Section 5(2)) Provisions Relating- to the Commission: 1-(1) The Commission shall consist of- (a) a Chairman who shall be appointed as such by the President; (b) the Director-General of the Tanzania National Scientific Research Council (c) the Chief Government Chemist; (d) the Director of Preventive Services in the Ministry of Health; (e) the Director-General of the Muhimbili Medical Centre; (f) members appointed by the Minister. recommended to represent one each by- (i) the ministry for the time being responsible for matters relating to raduc- tion Protection; (i) the Ministry for the time being responsible for labour matters; (iii) the Ministry for the time being responsible for industries; (iv) the Ministry for the time being responsible for trade; (v) the Ministry for the time being responsible for communications - (vi) the Ministry for the time being responsible for water resources; I (vii) the Ministry for the time being responsible for agriculture; (viii) the Ministry for the time being responsible for natural resources; (ix) the Ministry for the being responsible for energy (x) the. Ministry for the time being . responsible for works; ; (xi), the ministry for the time being responsible for national education; (g) a legally qualified Person holding office in the Tanzania Legal Corporation nomina- ted in that behalf by the Chief Corporation Council; (h) the Public officer-in-charge of the radiation Protection service; (i) three other persons appointed by the Minister. (2) In making appointments of members of the Commission the Minister shall ensure that he appoint persons who, in his opinion, have the necessary experience or qualification to enable them to make a useful contribution to the deliberations of the Commission and to the effectual performance of its functions. 30 No. 5 Protection from Radiation 1983 Vice- Chairman

FIRST SCHEDULE-(contd.) 2. The members shall elect one of their number to be the Vice-Chairman shall, subject to his continuing to be Chairman a member, hold office for a term of one year from the date of his election, but shall be eligible for relection. 3. A member appointed under paragraph l(f), (g) and (i)- (a) shall, unless his appointment is sooner terminated by the Minister, or he ceases tenure of in any other way to be a member, hold office, for a period of there years but shall be eligible for re-appointment; (b) may at any time resign his office by giving notice in writing addressed to the Minister, and from the date specified in the notice or, if no date is so specified, from the date of receipt of the notice by the Minister, he shall cease to be a member. 4.-.(1) The Commission shall ordinarily meet at such times and places as it deems Meetings of the Commis- necessary for the transaction of its business, but shall meet at least once in every three months. sion (2) The Chairman or, in his absence the Vice-Chairman may at any time call a special meeting of the Board, and shall call a special meeting upon a written request by a majo- rity of the members in office. (3) the Chairman or in his absences , the Vice-Chairman, shall preside at every meeting of the Commission. In the absence of both the Chairman and the Vice-Chairman, the members present shall appoint a member from amongst themselves to preside over the meeting. 5. The quorum at any meeting of the Commission shall be. half of all the members in office. Decision of 6,(1) Subject to sub-paragraph(2), question proposed at a meeting of the Commi- the Commis- ssion shall be decided by a majority of the votes of members present and voting and in sion the event of an equality of votes then the pzrson presiding; sh-1(have casting vote an addi- tion to his deliberative vote. (2) A decision may be made by the Commission without a meeting by circulation of the relevant papers among the members and the expression of the views of the members in writing, but any member may require that the decision be deferred and the subject matter be considered at a meeting of the Commission. 7.-(l) The Commission shall cause to be recorded and kept details of all business Minutes of conducted or transacted at its meetings, and the minutes of each meeting of the Board meetings shall be signed by the person presiding at that meeting. (2) Any minute; purporting to be signed by the person presiding at a meeting of the Commission shall, in the absence of proof of error, be deemed to a correct record of the meeting whose minutes they purport to be. Vacancies 8. The validity of any act or proceeding of the Commission shall not be affected by etc., not to any vacancy among its members whose minutes they purport to be. invalidate proceedings Commission 9. Subject to the provisions of this Schedule, the Commission may regulate its own may regulate proceeding its n own proceedings Proof Of 10. Any document put porting to be. under the hand of the Registrar as to any reselu- documents tion of the Commission or as having been issued on behalf of the Commission, shall be receivable in all courts or tribunals or other bodies authorized to receive evidence and shall, unless the contrary is shown, be deemed, without further proof, to b.- sufficient evidence of what is contained in the document. No. 5 Protection from Radiation 1983 31

SECOND SCHEDULE Provisions Relating to the Committee 1. The Committee shall consist of- Composition of Committee (a) not more than four persons appointed by tilt! Commission upon nomination by the Vice-Chancellor of the, University of Dar es Salaam, from among person who are scientists, engineers s or medical Practitioners; (b) eight Persons appointed by the Commission from amongst person,; who are scien- tists, engineers, medical Practitioners or other Professional and technical fields, and who are serving in institutions or organizations Concerned with the use or handling of devices Or materials which are source of ionizing radiation. 2, The Persons who is for the time being responsible for the executive management and operation of the radiation Protection services shall be the Chairman of the Committee; and the members shall appoint one of the member to be the Vice-Chairman. 3. Subject to the Provisions of this Schedule, the provisions of the First Schedule relating to the Commission shall mutatis mutandis apply in relation to Other matters connected with the Committee. Passed in the National Assembly on the nineteenth day of April, 1983. I lllrod Clerk Assembly Printed by the Government Printer, Dar es Salaam Tanzania