CHAPTER 188
PROTECTION FROM RADIATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   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

   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.

   14.   Licensing of importers.

   15.   Licensing of users.

   16.   Liability of licensee.

   17.   Modification, suspension and revocation of licences.

   18.   Registration of users.

   19.   Registration of operators.

   20.   Registration of mobile radioactive apparatus.

   21.   Exemption from registration.

   22.   Cancellation and variation of registration.

PART IV
GENERAL PROVISIONS RELATING TO PROTECTION
FROM RADIATION

   23.   Duty to ensure safety.

   24.   Accumulation of radioactive waste.

   25.   Disposal of radioactive waste.

   26.   Authorisation of accumulation and disposal.

   27.   Additional facilities 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 installations.

PART V
THE RADIATION PROTECTION SERVICE

   31.   Establishment of the Protection Committee.

   32.   Functions of the 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.   National Radiation Protection Fund.

   39.   Confidentiality and custody of information.

PART VI
MISCELLANEOUS PROVISIONS

   40.   Regulations.

   41.   Offences.

   42.   Evidence in legal proceedings.

SCHEDULES

CHAPTER 188
THE PROTECTION FROM RADIATION ACT

An Act to establish the National Radiation Commission and to provide for its functions in relation to the control of the use of radioactive material and for other matters related to the protection of persons from harm resulting from ionising radiation.

[22nd July, 1983]
[G.N. No. 106 of 1983]

Act No. 5 of 1983

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Protection from Radiation Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "accident" means an unforeseen event that causes damage to an apparatus or installation or disrupts the normal operation of an apparatus or installation, and is likely to result for one or more persons in a dose exceeding the maximum permissible doses;

   "appointed day" means the day upon which this Act comes into operation;

   "approved medical practitioner" means a medical practitioner responsible for the medical surveillance of workers who are liable to receive a dose greater than three-tenths of the annual maximum permissible dose, whose capacity to act in this respect is recognised by the competent authority;

   "article" includes part of an article;

   "authorised officer" means an officer appointed or authorised to perform any functions in relation to the enforcement of the provisions of this Act, and includes a police officer;

   "Commission" means the National Radiation Commission established by section 5;

   "Committee" means the Radiation Protection Advisory Committee established by section 31;

   "competent authority" means the Commission;

   "continuous exposure" means external exposure where the source of radiation subjects the body or the critical organ to prolonged exposure, although its intensity may vary with time, or internal exposure due to continuous intake, although its level may vary with time;

   "disease" includes injury and bodily or mental deficiency or abnormality;

   "disposal" in relation to waste, includes its removal, deposit or destruction, 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 of" shall be construed accordingly;

   "exposure" means any exposure of persons to ionising radiation;

   "external exposure" means exposure resulting from sources outside the body;

   "facility" means any assembly of devices, equipment, structures or natural features, whether simple or complex, which serves some purpose or performs some function, in the course of which ionising radiation is, or is capable of being created;

   "Fund" means the National Radiation Protection Fund;

   "internal through matter exposure" means exposure resulting from source inside the body;

   "ionising radiation" means electromagnetic or corpuscular radiation, consisting of photons or particles, capable of producing ions, directly or indirectly, in its passage through matter;

   "licensee" means a person holding a licence granted under this Act, whether or not that licence remains in force;

   "Minister" means the Minister responsible for matters relating to radiation protection;

   "person using radiation" means a person whose undertakings include the possession or ownership of plant, apparatus or installations the operation of which creates ionising radiation;

   "plant" includes any machinery, equipment or appliance, whether affixed to land or not, but does not include any thing comprised or to be comprised of in any means of transport, whether by land, water or air;

   "premises" includes any land, whether built up or not, including any place underground and any land covered by water;

   "qualified expert" means a person having the knowledge and training needed to carry out physical or technical tests, or radiochemical tests, or to give advice in 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 recognised 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 ionising 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;

   "Registrar" means the Registrar of the Commission appointed under section 8;

   "sealed source" means a source consisting of radioactive material firmly incorporated in solid and effectively inactive materials, or sealed in an inactive container or 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 or radionuclides over a short period;

   "source" means an apparatus or material capable of emitting ionising radiation;

   "substance" means any natural or artificial material, whether is solid or liquid form, or in the form of a gas or vapour;

   "undertaking" includes any trade, business or profession, and, in relation to a public or local authority, includes any of the powers or duties of that authority, and, in relation to any other body of persons, whether corporate or unincorporated, includes any of the activities of that body;

   "waste" includes substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and also includes any substance or article which requires to be disposed of as being broken, worn out contaminated or otherwise spoilt.

   (2) In determining, for the purposes of this Act, whether any radioactive 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–

   (a)   the vehicle, vessel or aircraft is on those premises in the course of a 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 in or on the vessel for use in propelling it.

   (3) Any substance or article which, in 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 the contamination of a substance or article shall be construed as a reference to its becoming radioactive 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 ionising radiations.

3.   Application

   This Act shall apply throughout 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 ionising radiation.

4.   Exemptions

   (1) Nothing in this Act shall apply to any material or use of any material which contains radioactivity of less than 1 microcurie, or upon which there is no portion in which the concentration exceeds 0.002 microcuries per gram of material.

   (2) Except as is provided in this Act, the Minister may, upon the recommendation 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 persons using any material which contain radioactive substances of less than the prescribed limits.

PART II
THE NATIONAL RADIATION COMMISSION (ss 5-9)

5.   Establishment of the Commission

   (1) There is established a Commission which shall be 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) Except for the provisions relating to the appointment of the Chairman, the Minister may, by order published in the Gazette, amend, add to, vary, revoke or replace any of the provisions of the First Schedule.

6.   President may declare Commission a body corporate

   (1) Where the President considers that the national interest requires that it is necessary that the better and more effective development of nuclear energy in Tanzania be conducted on a more permanent and co-ordinate 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 Commission shall become a body corporate, and the provisions of the Public Corporations Act *, shall apply to the Commission, without prejudice to the provisions of this Act.

7.   Functions of the Commission

   (1) The functions of the Commission shall be–

   (a)   to be responsible for all matters relating to the use of atomic 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 ionising radiation;

   (b)   to advise or provide information to the Government on the proper use of ionising radiation in the light of current available knowledge, its possible hazardous effects and the methods necessary 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 undertakings;

   (d)   in co-operation with any person or body of persons within or outside Tanzania, to carry out, sponsor or facilitate the carrying out of research for the purposes of ensuring the increased life use of atomic energy in Tanzania;

   (e)   to carry out, or promote the carrying out of, applied research designed to facilitate the evaluation, development and use of modern methods in the control or minimisation of the effect of ionising radiation on persons exposed to it;

   (f)   to promote, or provide facilities for, the training of local personnel 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 ionising radiation;

   (i)   to formulate programmes for, and secure the adequate training of, persons to become qualified experts, and other persons operating or required to operate apparatus involving the emission of ionising radiation;

   (j)   to establish and operate a system for the control of the importation, movement and use of radioactive plants, installations and materials;

   (k)   to consider applications for and grant licences to persons intending to import or use atomic or other radioactive plants, installations or materials;

   (l)   to maintain a register or registers of importers, users and operators of nuclear or other radioactive plants, installations, apparatus or other radioactive materials; and

   (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 every licence, permit or other authority which may be required under this Act in relation 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–

   (a)   the Tanzania Commission for Science and Technology established by the Tanzania Commission for Science and Technology Act *;

   (b)   the National Chemical Industries;

   (c)   the Tanzania Industrial Research and Development Organisation established by the Tanzania Industrial Research and Development Act *;

   (d)   the Tanzania Petroleum Development Corporation established by the Tanzania Petroleum Development Corporation (Establishment) Order *;

   (e)   the National Institute for Medical Research established by the National Institute for Medical Research Act *;

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