S.I. No. 166/1977 - Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977.

1. This Order may be cited as the Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977, and shall come into operation on the 1st day of July, 1977.

2. In this Order "the Board" means An Bord Fuinnimh Núicléigh.

3. This Order applies to the following—

(

a

) fissile fuels,

(

b

) radioactive substances,

(

c

) radioactive devices,

(

d

) irradiating apparatus, and

(

e

) radioactive waste products.

4. (1) The custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of anything to which this Order applies is prohibited save under a licence issued by the Board as the agent of the Minister for Transport and Power.

(2) The Board may attach to any licence under this Order, either at the time of issue or thereafter, such conditions as it deems necessary.

5. Notwithstanding Article 3 of this Order, this Order does not apply to—

(

a

) the use of any radioactive substance or device or any irradiating apparatus as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect,

(

b

) ores, minerals, raw and treated (including residues and tailings), which contain less than 0.05 per cent by weight of uranium or thorium; natural uranium, unwrought or wrought (including alloys and compounds of natural uranium) having a uranium content less than 0.05 per cent by weight; and alloys containing less than 1.5 per cent of thorium by weight,

(

c

) any product (except toys, foodstuffs, medicinal products, cosmetics or household products) containing a radioactive substance of which the total activity is less than—

(i) 0.1 microcuries for Group 1 radionuclides,

(ii) 1.0 microcuries for Group II radionuclides,

(iii) 10.0 microcuries for Group III radionuclides or

(iv) 100.0 microcuries for Group IV radionuclides,

regard being had in each case to the classification of radionuclides in the Schedule to this Order,

(

d

) the use of navigation instruments or timepieces containing radioluminescent paint but excluding their manufacture or repair except as provided for in paragraph (

c

) of this Article,

(

e

) apparatus emitting ionising radiations and containing radioactive substances in amounts greater than the values specified in paragraph (

c

) of this Article, provided that—

(i) it is of a type approved by the Board;

(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Board, justify its use;

(iii) 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 not cause, at any point situated at a distance of 0.1 metres from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 millirem per hour,

(

f

) apparatus (other than television receivers) emitting ionising radiations but not containing any radioactive substances, provided that—

(i) it is of a type approved by the Board;

(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Board, justify its use; and

(iii) it does not cause, at any point situated at a distance of 0.1 metres from the accessible surface of the apparatus and under normal operating conditions, a dose rate exceeding 0.1 millirem per hour,

(

g

) television receivers which do not cause at any point situated at a distance of 0.05 metres from the accessible surface of the receiver a dose rate exceeding 0.5 millirem per hour.

6. The prohibition on transportation imposed by Article 4 (1) of this Order does not apply to transportation by a carrier in the normal course of his business, provided that the consignor furnishes the carrier with a copy of a licence under this Order authorising the transportation of things to which this Order applies.

7. Any person who at the commencement of this Order has custody of or is using, manufacturing, importing, distributing, transporting, exporting or otherwise disposing of anything to which this Order applies shall apply to the Board for a licence under this Order.

8. An application for a licence under this Order shall be made to the Board—

(

a

) in a case where the applicant is a person referred to in paragraph 7 of this Order, within one month after the commencement of this Order,

(

b

) in any other case, not later than one month before the commencement of the period of custody, use, manufacture, importation, distribution, transportation, exportation or other disposal in respect of which the licence is required.

9. An application for a licence under this Order shall be made on the appropriate application form obtainable from the Board and shall contain the particulars required by that form.

10. (1) Where in the opinion of the Board the information supplied by an applicant on an application form is insufficient or inadequate for the purpose of enabling the Board to decide whether or not to issue a licence under this Order, it may by notice in writing (sent to the applicant at the address specified in the form) require the applicant to furnish the Board with such additional information as it specifies in the notice.

(2) Additional information required by the Board under this paragraph may include information relating to the suitability, experience or training of the applicant in the safe usage and handling of the fuel, substance, device or apparatus the subject of the proposed licence.

11. A licence under this Order shall, subject to any condition relating to expiry specified in the licence, expire on the expiry date so specified.

12. Where the holder of a licence under this Order proposes to apply for a further licence to operate from the expiry of his existing licence, he shall apply to the Board in accordance with the provisions of Article 9 of this Order for such further licence not later than one month before the expiry of the existing licence.

13. (1) The holder of a licence under this Order may at any time before the expiry of the licence apply to the Board in writing for an amendment to the licence.

(2) An application for such an amendment shall—

(

a

) be made in accordance with the provisions of Article 9 of this Order as if the application were an application for a licence under this Order, and

(

b

) specify the reasons for the proposed amendment.

14. Notwithstanding any other provision of this Order, where the Board is of the opinion that it is necessary to do so for the purpose of protecting health and of minimising danger to persons or property arising from fissile fuel, radioactive substances or devices or irradiating apparatus, the following provisions shall apply

(

a

) the Board may at its discretion refuse to issue a licence under this Order;

(

b

) it may, if it is satisfied that any term or condition attached to a licence under this Order has not or is not being complied with, revoke the licence.

15. (1) An officer or servant of the Board authorised in writing by the Board may, on production of his authorisation if demanded by any person affected, enter upon premises and carry out such inspection as may be reasonably necessary for the purpose of ascertaining if any provision of this Order or the terms and conditions of a licence under this Order are being complied with.

(2) The holder of a licence under this Order shall keep records showing details of the receipt, use, transfer, export and disposal of anything to which the licence relates.

(3) The holder of a licence under this Order shall on request produce to an officer or servant of the Board for inspection by him records kept by the holder under this Article and shall perform, cause to be performed or permit the officer or servant of the Board to perform any test which the officer or servant considers necessary for the purpose mentioned in paragraph (1) of this Article.

16. An officer of customs and excise may detain and seize anything to which this Order applies being attempted to be imported or exported in contravention of this Order and may for that purpose open any package containing or suspected by him to contain anything to which this Order applies, and the provisions of the Customs Consolidation Act, 1876 relating to the condemnation and disposal of goods seized under that Act shall apply and have effect in relation to all articles seized under this Order as if the articles had been seized under that Act.

Article

5 (

c

)

SCHEDULE

CLASSIFICATION OF RADIONUCLIDES.

GROUP I RADIONUCLIDES.

Lead 210

Uranium 233

Curium 243

Polonium 210

Uranium 234

Curium 244

Radium 223

Neptunium 237

Curium 245

Radium 226

Plutonium 238

Curium 246

Radium 228

Plutonium 239

Curium 248

Actinium 227

Plutonium 240

Californium 249

Thorium 227

Plutonium 241

Californium 250

Thorium 228

Plutonium 242

Californium 251

Thorium 230

Americium 241

Californium 252

Protactinium 231

Americium 242m

Californium 254

Uranium 230

Americium 243

Einsteinium 254

Uranium 232

Curium 242

Einsteinium 255

GROUP II RADIONUCLIDES.

Sodium 22

Tellurium 129m

Bismuth 207

Chlorine 36

Iodine 124

Bismuth 210

Calcium 45

Iodine 126

Astatine 211

Scandium 46

Iodine 131

Radium 224

Manganese 54

Iodine 133

Actinium 228

Cobalt 56

Caesium 134

Thorium 234

Cobalt 60

Caesium 137

Protactinium 230

Strontium 89

Barium 140

Uranium 236

Strontium 90

Cerium 144

Plutonium 244

Yttrium 91

Europium 152

Americium 242

Zirconium 95

Europium 154

Curium 247

Ruthenium 106

Terbium 160

Berkelium 249

Silver 110m

Thulium 170

Californium 253

Cadmium 115m

Hafnium 181

Einsteinium 253

Indium 114m

Tantalum 182

Einsteinium 254m

Antimony 124

Iridium 192

Fermium 255

Antimony 125

Thallium 204

Fermium 256

Tellurium 127m

Lead 212

GROUP III RADIONUCLIDES.

Beryllium 7

Sulphur 35

Scandium 47

Carbon 14

Chlorine 38

Scandium 48

Fluorine 18

Argon 41

Vanadium 48

Sodium 24

Potassium 42

Chromium 51

Silicon 31

Potassium 43

Manganese 52

Phosphorous 32

Calcium 47

Manganese 56

Iron 52

Cadmium 109

Tungsten 181

Iron 55

Cadmium 115

Tungsten 185

Iron 59

Indium 115m

Tungsten 187

Cobalt 57

Tin 113

Rhenium 183

Cobalt 58

Tin 125

Rhenium 186

Nickel 63

Antimony 122

Rhenium 188

Nickel 65

Tellurium 125m

Osmium 185

Copper 64

Tellurium 127

Osmium 191

Zinc 65

Tellurium 129

Osmium 193

Zinc 69m

Tellurium 131m

Iridium 190

Gallium 72

Tellurium 132

Iridium 194

Arsenic 73

Iodine 130

Platinum 191

Arsenic 74

Iodine 132

Platinum 193

Arsenic 76

Iodine 134

Platinum 197

Arsenic 77

Iodine 135

Gold 196

Selenium 75

Xenon 135

Gold 198

Bromine 82

Caesium 131

Gold 199

Krypton 85m

Caesium 136

Mercury 197

Krypton 87

Barium 131

Mercury 197m

Rubidium 86

Lanthanium 140

Mercury 203

Strontium 85

Cerium 141

Thallium 200

Strontium 91

Cerium 143

Thallium 201

Strontium 92

Praseodymium 142

Thallium 202

Yttrium 90

Praseodymium 143

Lead 203

Yttrium 92

Neodymium 147

Bismuth 206

Yttrium 93

Neodymium 149

Bismuth 212

Zirconium 97

Promethium 147

Radon 220

Niobium 93m

Promethium 149

Radon 222

Niobium 95

Samarium 151

Thorium 231

Molybdenum 99

Samarium 153

Protactinium 223

Technetium 96

Europium 152m

Uranium 240

Technetium 97m

Europium 155

Neptunium 239

Technetium 97

Gadolinium 153

Neptunium 240

Technetium 99

Gadolinium 159

Plutonium 243

Ruthenium 97

Dysprosium 165

Americium 244

Ruthenium 103

Dysprosium 166

Berkelium 250

Ruthenium 105

Holmium 166

Fermium 254

Rhodium 105

Erbium 169

Palladium 103

Erbium 171

Palladium 109

Thulium 171

Silver 105

Ytterbium 175

Silver 111

Lutecium 177

GROUP IV RADIONUCLIDES.

Tritium (H-3)

Technetium 96m

Thorium 232

Oxygen 15

Technetium 99m

Natural Thorium

Argon 37

Rhodium 103m

Uranium 235

Cobalt 58m

Indium 113m

Uranium 238

Nickel 59

Iodine 129

Natural Uranium

Zinc 69

Xenon 131m

Curium 249

Germanium 71

Xenon 133

Krypton 85

Caesium 134m

Strontium 85m

Caesium 135

Yttrium 91m

Osmium 191m

Zirconium 93

Platinum 193m

Niobium 97

Platinum 197m

GIVEN under my Official Seal, this 1st day of June, 1977.

TOM FITZPATRICK,

Minister for Transport and

Power.

EXPLANATORY NOTE.

This Order provides for the control by licence to be obtained from the Nuclear Energy Board, of the custody, use, manufacture, importation, distribution, transportation, exportation, or other disposal of fissile fuel, or other radioactive substances or devices or irradiating apparatus, as defined in the Order.

S.I. No. 166 of 1977.

NUCLEAR ENERGY (GENERAL CONTROL OF FISSILE FUELS, RADIOACTIVE SUBSTANCES AND IRRADIATING APPARATUS) ORDER, 1977.

I, TOM FITZPATRICK, Minister for Transport and Power, in exercise of the powers conferred on me by section 6 of the Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971 (No. 12 of 1971), and after consultation with the Ministers for Finance, Industry and Commerce, Agriculture, Fisheries, Labour, Health, Education and Foreign Affairs, hereby order as follows