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Radiation act 2000:
The proposed radiation protection act2000.
RadAct2000NEW
THE UNITED REPUBLIC OF TANZANIA.
PROPOSED DRAFT FOR THE RE-ENACTMENT OF THE PROTECTION FROM RADIATION ACT 1983.
THE RADIATION ACT, 2000.
ARRANGEMENT OF SECTIONS.
PART I
PRELIMINARY.
Section Title
1. Short title and commencement.
2. Interpretation.
3. Application.
4. Exemptions.
PART II
THE NATIONAL RADIATION COMMISSION.
5. Establishment of the Commission.
6. Functions of the Commission.
7. Appointment and functions of Director General
8. The Secretariat.
9. The Staff of the Secretariat.
10. Delegation of power of appointment.
PART III
CONTROL OF THE USE OF SOURCES AND INSTALLATIONS.
Prohibitions.
11. Prohibition on the use and possession of Sources.
12. Prohibition on administering ionizing radiation to persons.
13. Prohibition on use and possession of plants.
14. Prohibition on importation of nuclear Installations.
15. Prohibition on operation of nuclear Installations.
Provisions Relating to Licensing.
16. Licensing of importers.
17. Licensing of users.
18. Liability of licensee.
19. Modification, Suspension and Revocation of license.
Provisions Relating to Registration.
20. Registration of users.
21. Registration of operators.
22. Registration of mobile radiation devices.
23. Exemptions from registration.
24. Cancellation and variation of registration.
25. Other fees and charges.
PART IV
CONTROL OF RADIOACTIVITY IN FOODSTUFFS:
26. System for the Control of radioactivity in foodstuffs.
27. Analysis for radioactive materials contamination.
28. Powers of Minister.
PART V
PROVISIONS RELATING TO PROTECTION FROM RADIATION.
29. Duty to ensure safety.
30. Accumulation of radioactive waste.
31. Disposal of radioactive waste.
32. Authorization of accumulation and disposal.
33. Additional facilities and powers for disposal and accumulation of
radioactive waste.
34. Provision of cover for licensee's liability.
35. Accidents connected with radiation devices.
36. Liability of public authorities in respect of radiation devices and installations.
PART VI
THE OPERATIONS OF THE COMMISSION.
37. Establishment of the Radiation Advisory Committee.
38. Functions of the Radiation Advisory Committee.
39. Radiation Protection Service.
40. Radiation Safety Officers.
41. Powers of Radiation Staff.
42. Right to enter and inspect.
43. Confidentiality and custody of information.
PART VII
FINANCIAL RESOURCES OF THE COMMISSION.
44. Financial resources of the Commission.
45. Annual and supplementary budget.
46. Power to invest.
47. Power to borrow.
48. Accounts and audit.
49. Annual statement on Accounts and report to be submitted to the Minister.
50. Annual statement and report to be laid before the National Assembly.
51. Remuneration of Members of the Commission.
PART VIII.
NATIONAL RADIATION FUND.
52. Establishment, Sources and Operation of the fund.
53. Management and control of the fund.
54. Books and audit of the Accounts.
PART IX
MISCELLANEOUS PROVISIONS.
55. Regulations.
56. Offenses.
57. Evidence in legal proceedings.
58. Validity of orders made under Act No. 5 of 1983.
59. Repeal of Act No. 5 of 1983.
SCHEDULES
1. Provisions relating to Commission.
2. Provisions relating to the Radiation Advisory Committee.
THE UNITED REPUBLIC OF TANZANIA.
An Act to repeal and replace the Protection from Radiation Act, No. 5 of 1983, to establish the National Radiation Commission and to provide for its functions in relation to the control of the use of ionizing and non-ionizing radiation sources, the promotion of peaceful uses of atomic energy and nuclear technology and for other matters connected with the protection of persons from harm resulting from radiation [......................]
PART I
PRELIMINARY.
1. This Act may be cited as the Radiation Act, 2000 and shall come into operation on such date (hereinafter referred as the appointed day) as the Minister may, by notice published in the Gazette, appoint.
2. (1) In this Act, unless the context requires otherwise:
accident" means any unintended event including operating errors, equipment failure or other mishaps, the consequences or potential consequences of which are not negligible from the point of view of protection or safety;
"approved medical practitioner" means a medical practitioner responsible for the medical surveillance of workers who are liable to receive a dose greater than threetenths of the annual maximum permissible dose, whose capacity to act in this respect is recognized by the Commission;
"article" means item or thing or equipment associated with emission of radiation;
“apparatus” means equipment associated with the emission of radiation;
"authorized officer" means an officer appointed or authorized to perform any functions in relation to the enforcement of the provisions of this Act, and includes a police officer;
"the Commission" means the National Radiation Commission established by section 5;
"the Committee" means the Radiation Advisory Committee established by section 37;
"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;
“Director General” means the Director General of the Commission;
"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 the act or condition of being subjected to irradiation;
"external exposure" means the act or condition of being subjected to irradiation 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 radiation is, or is capable of being created;
"ionizing radiation" means the radiation of gamma rays and X-rays or corpuscular radiation, capable of producing ions directly or indirectly in its passage through matter;
"internal exposure" the act or condition of being subjected to irradiation 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;
“non-ionizing radiation” means optical radiation, radiofrequency radiation, low-frequency electric and magnetic fields, ultrasonic radiation and any other radiation with similar biological effects;
“nuclear installation” means a facility and its associated land, building and equipment in which radioactive materials are produced, processed, used, handled, stored, or disposed of on such a scale that consideration of safety is required;
"user” means person whose undertakings include the possession or ownership of plant, apparatus or installations the operation of which creates radiation;
"plant" means and includes any machinery, facility or installation, whether affixed 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;
"premises" means and includes any land, whether built up or not, including any place underground and any land covered by water;
"qualified expert" means 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 recognized by the Commission.
“radiation” means and includes both ionizing and non ionizing radiation ;
“radiation Safety Officer” means an officer appointed under section 40(1) of this Act;
" radiation staff" means any person appointed under section 9(3) to perform any duties relating to ensuring the protection of persons from harm resulting from 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 or disability or disease to any body or organ in exposure, whether external or internal, and whether continuous or total;
“radioactive waste” means a material that contains or is contaminated with radionuclides at concentrations or activities greater than exemption levels as established by the Commission and for which no use is foreseen;
"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, device or material capable of emitting radiation;
"substance" means any natural or artificial material, whether in solid or liquid form, or in the form of a gas or vapour;
"undertaking" means and 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 person, whether corporate or un incorporate, includes any of the activities of that body;
(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 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 irradiation by neutrons and other ionizing radiation.
3. (1) This Act shall apply throughout the United Republic of Tanzania in respect of all persons or body of persons whose undertakings involve or include the production, processing, handling, use, holding, storage, transport and disposal of natural and artificial radioactive materials and radiation devices in respect of any other activity which involves a risk of harm arising from radiation.
(2) This Act shall also apply to any matter relating to the control of radioactivity in foodstuffs and environment.
(3) All mining activities which are associated with radioactive materials or radiation devices or the emission of radiation shall, subject to such other provisions of this Act, be covered by this Act.
4. (1) Nothing in this Act shall apply to any material or use of any material which contains radioactivity of less than 3,700 Becquerels and if there is no portion on it in which the concentration exceeds 74 Becquerels per gram of material.
(2) This Act shall not apply to radiation generators of a type approved by the Commission and any electronic tubes such as cathode ray tube for the display of visual images, provided that:-
(a) they do not cause in any normal operating conditions an ambient dose equivalent rate or a directional dose equivalent rate, as appropriate, exceeding 1 mSv.h-1 at a distance of 0.1 metre from any accessible surface of the apparatus; or
(b) the maximum energy of the radiation produced is not greater than 5 KeV.
(3) Save 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 contains radioactive substances of more than the prescribed limits.
PART II
THE NATIONAL RADIATION COMMISSION.
5. (1) There is hereby established a body Corporate to be known as the National Radiation Commission which shall:-
(a) have perpetual succession and common seal,
(b) in its corporate name be capable of suing and being sued,
(c) subject to this Act, be capable of purchasing and otherwise acquiring or disposing any movable or immovable property and of entering into such contract as may be necessary or expedient for the performance of its functions under this Act or any other written law.
(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 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. (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 radiation devices, with a view to ensuring the protection of workers, students, patients and the public generally from harm resulting from radiation;
(b) to advise or provide information to the Government on the proper use of 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 advise the government on the formulation of policy regarding the safe and peaceful use of atomic energy and other radioactive materials and radiation devices in factories, mines, hospitals, and military and other establishments or undertakings;
(d) in cooperation 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 safe 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 minimization of the effects of radiation on persons exposed to it;
(f) to carry out or promote the carrying out of applied research designed to facilitate the evaluation and development of the peaceful uses of atomic energy and nuclear technology;
(g) 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;
(h) to establish a system for the dissemination of information relating to the promotion and peaceful and safe use of atomic energy in Tanzania;
(i) 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 radiation;
(j) to formulate programs 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 radiation;
(k) to establish and operate a system for the control of the importation, movement possession and use of sources, plants and installations;
(l) to consider applications for and grant licenses to .persons intending to import or use sources, plants and installations;
(m) to maintain a register or registers of importers, users and operators of sources, plants and installations;
(n) liaise with Ministries and institutions in order to facilitate the incorporation into the syllabi all relevant and appropriate knowledge in nuclear science and nuclear technology;
(o) facilitate national and international co-operation in scientific research in the peaceful uses of atomic energy;
(p) stimulate the use of atomic energy and nuclear technology in agriculture, medicine, industry, environment etc;
(q) prioritize research directions and facilitate the acquisition of associated facilities on nuclear technology;
(r)advise the government on all matters relating to the promotion and peaceful uses of atomic energy and nuclear technology;
(s)hold or facilitate the conducting of seminars or workshops or short training courses on specific directions in the application of various nuclear techniques already introduced or intended for introduction in order to enable their fast acquisition and proliferation in accordance with the provisions of this Act;
(t)assist in soliciting funds for approved activities for radiation protection and promotion of nuclear techniques;
(u)facilitate the establishment and operation of national radioactive waste management programs;
(v) establish a system for the control of radioactivity in foodstuffs and the environment;
(v)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) The Commission may appoint such Committees as it finds necessary for the purpose of advising the Commission on matters relating to its functions.
(3)The Commission may carry out research programs on the promotion of peaceful use of atomic energy and nuclear technology at such places and on such times to be determined by the commission.
(4) For the purposes of carrying out its functions the Commission shall be deemed to be the holder of each and every license, permit or give authority which may be required by or under this Act in relation to any matter connected with the development and use in Tanzania of atomic energy for peaceful purposes.
(5) For the purposes of the better performance of its functions, the Commission shall establish and maintain a system of consultation and cooperation with any organization, institution, person or body of persons established by or under any written law, whether or not in the United Republic of Tanzania, whose functions are related to those of the Commission or whose participation or collaboration in the work of the Commission or any of its programs is 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.
7(1) Upon the advice of the Commission,the President shall appoint a qualified Expert in radiation matters to be the Director General of the Commission,save that the person who,upon the appointed day,is for the time being the Registrar of the Commission shall be the Acting Director General for the period pending the appointment of the Director General by the President.
(2) The Director General shall be the Chief Executive of the Commission and shall, subject to the provisions of this Act and any other directions which may be given to him by the Minister or the Commission be responsible for the implementation of all decisions of the Commission and for carrying out all the day to day activities of the Commission.
(3) The Director General shall be the Secretary of the Commission and he or she or his or her representative shall attend and act in that capacity at all Meetings of the Commission.
(4) Further to the appointment made under subsection (1) above the Commission may advise the Minister to make further provisions for the establishment of directorates,and appointment of its Directors.
8. (1) There shall be a Secretariat of the Commission to provide for the daytoday management of the Commission's functions.
(2) The Director General shall be the Chief Executive officer of the Secretariat
(3) The functions of the Secretariat shall be to perform the day to day activities of the Commission and keep under review the progress made in the attainment of the objects and purposes of this Act.
(4) For the purposes of better performance of the Commission's functions, the provisions of Section 6(5) shall apply mutatis mutandis to the Secretariat.
9. (1) The Commission may appoint on such terms and conditions as it may determine such number of persons to serve as officers of the Secretariat as it may consider appropriate or necessary for the performance of its functions.
(2) The Commission may engage either temporarily or on such terms as it may think fit persons who are experts in matters relating to radiation, subject to such other written laws.
(3) Subject to subsection(1) and to such other provisions, the Commission shall 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 Secretariat as it may deem necessary for the proper and efficient conduct of the business and the activities of the Commission and the Committee.
10. The Commission may subject to such conditions as it may impose delegate to any person or body of persons the powers of appointment or to such any office or officer of the Commission.
PART III
CONTROL OF USE OF SOURCES AND INSTALLATIONS.
Prohibitions.
11. (1) Except as provided otherwise in this Act, no person shall on or after the appointed day, in pursuance of his undertaking use or possess any source unless he is licensed and registered as such 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 less than eighteen thousand US Dollars or its equivalent in Tanzania shillings or to imprisonment for a term of not less than 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 source in question.
12.(1) No person shall cause ionizing radiation to be applied to any person for the purpose of diagnosing or treating a disease unless the application is prescribed by a medical or dental practitioner registered under any written law.
(2) No person shall administer ionizing radiation to another persons unless the
person on administering it is in possession of a valid licence issued under this Act.
(3) Any person who contravenes or willfully fails or refuses to comply with any of the provisions of this section is guilty of an offence and liable on conviction to a fine of not less than three thousand US Dollars or its equivalent in Tanzania shillings or to an imprisonment for a term of not less than six months.
13.(1) Except as provided otherwise in this Act, no person shall on or after the appointed day, in the furtherance of his undertaking install, use or possess any plant designed for:
(a) the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional 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 radiation or
(d)the accumulation, storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive materials or waste which have been irradiated in the course of the production or use of nuclear fuel unless he is registered for that purpose in accordance with the provisions 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 comply with any of the provisions of this section is guilty of an offense and is liable on conviction to a fine of not less than eighteen thousand US Dollars or its equivalent in Tanzania shillings or to imprisonment for a term of not less than 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 plant in question.
14.(1) Except as provided otherwise in this Act, no person shall after the appointed day, import or cause to be imported into Tanzania any installation, material, plant or other apparatus which is, or is intended to be made into a source of radiation, unless he has previously complied with the provisions of this Part which relate to importers and the importation of nuclear installations.
(2) For the purpose of this section the importation of an article, substance, material or part of an apparatus which, on being incorporated into or fixed, attached or connected to any existing plant or installation, would result in making the plant or installation a source of radiation, shall be deemed to be importation of a nuclear installation.
(3) Any person who contravenes, or willfully fails or refuses to comply with, any of the provisions of this section is guilty of an offence and liable on conviction to a fine of not less than thirty thousand US Dollars or its equivalent in Tanzania shillings or to imprisonment for a term not less than 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 nuclear installation in question.
15. (1) No person shall operate or hold himself as qualified and capable of operating any apparatus, facility, plant or installation or any part of any apparatus, facility, plant or installation, which is or consists of a source or sources of radiation unless he is a qualified expert and is duly 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 which constitutes his undertaking.
(3) Any person who contravenes or fails to comply with any of the provisions of this section is guilty of an offense and liable on conviction to a fine of not less than three thousand US Dollars or its equivalent in Tanzania shillings or to imprisonment for a term of not less than six months or to both that fine and imprisonment.
Provisions Relating to Licensing.
16. (1) Every person wishing to import, or whose business consists 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 radiation, shall do so only after securing a licence issued to him by the Commission under this section.
(2) A licence may be issued under 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 shall 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 section, the Commission shall take into account the need for minimizing the number of persons individually importing sources of radiation, and in the case of an 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 impose in any particular case.
17. (1) Subject to section 16(4), every person using radiation shall before doing so, secure a licence issued to him by the Commission under this section permitting him to do so.
(2) The provisions of section 16(2), (3) and (5) shall apply to applications for and the grant of licenses under this section.
(3) A licence shall not be granted under this section to any person other than a body of persons, corporate or unincorporate, and shall not be transferable.
18. (1) This section shall apply to every person using radiation who is licensed for that purpose under this Part, and also to every person whose licence permits him to import in bulk sources of radiation for the purposes of sale to or installation for persons who are users of radiation.
(2) Every licensee to whom this section applies shall be responsible for ensuring that no radiation emitted as a result of the carrying on of his undertaking on his premises, cause any hurt to any 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 shall be under any liability in respect of any hurt to any person or any damage to any property caused by any radiation to which subsection (2) applies.
(4) No licensee shall incur any liability by virtue of subsection (3) in respect of any radiation:
(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 undergoing treatment by exposure to radiation under the direction or supervision of an approved medical practitioner.
(5) Whenever a physical or mental disability occurs in 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 have been maintained to a standard approved by the Commission.
(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 dose limits, 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 approved by the Commission, it shall be presumed that the disability did not arise from radiation exposure if the record indicates that the exposures have been within the permissible limits on all possible occasions of exposure.
19.(1) Subject to the provisions of this Act, every licence issued under this Part may be modified in its terms, suspended or revoked.
(2) The Minister shall make Regulations providing for the circumstances and occasions on which a licence may be modified, suspended or revoked, and for the consequences of each of those events; and the procedure for the appeal against the decision made under this section shall be the one provided for under section 24(3) of this Act.
Provisions Relating to Registration.
20.(1) The Director General shall keep and maintain a register in the prescribed form in which he shall enter and maintain such particulars in relation to licensed persons using radiation as the Minister may upon the advice of the Commission, prescribe.
(2) The Director General 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 to use radiation is revoked, the registration of that person shall be cancelled from the register.
21.(1) The Director General in collaboration with any competent person or body of persons shall determine, keep and maintain a register of qualified experts operating apparatus, installations and plants in undertakings 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 Director General shall enter in the register in respect of that person such particulars as the Commission may by resolution prescribe.
(3) All changes in the particulars registered under subsection (2) shall be entered in the register by the Director General.
(4) The Director General may, with the general or specific approval of the Commission rectify any clerical errors in the register or other document containing extracts from the register.
22.(1)This section shall apply to any services which consist of:
(a)using mobile radiation devices for testing, measuring or otherwise 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 radiation devices for the purpose of its being so used.
(2) With effect from the appointed day no person shall:-
(a) keep, or cause or permit to be kept, mobile radiation devices of any description for the purpose of its being used in the delivery by him of services to which this section applies; or
(b) use, lend or let on hire, or cause or permit to be used, lent or let on hire, mobile radiation devices of any description in the course of the delivery by him of any such services, unless he is registered under this section in respect of that apparatus or is exempted from registration under section 23 in respect of mobile radiation devices of that description.
(3) Every application for registration under this section shall be made to the Commission, specifying the mobile radiation devices 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 Minister may, by Regulation, prescribe.
(4) Where an application is made to the Commission for registration under this section in respect of any apparatus, the Commission may register the applicant in respect of that device, 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 registration of any person under this section in respect of any mobile radiation device, the Director General shall furnish him with a certificate containing 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.
23.(1) The Commission is hereby exempted from registration under section 22 in respect of any mobile radiation device of every description that may come into its possession or under its control in the course of the performance of its functions, and under sections 16 and 17 in respect of import and use or possession respectively.
(2) A person need not apply for registration as a person using radiation if the activities of his undertaking involve:
(a) the use of radioactive substances of a concentration of less than 74 Becquerels per gram for unsealed sources, the limit being increased to 370 Becquerels per gram for sealed sources.
(b)the use of navigation instruments or timepieces containing radioluminescent paint, but not their manufacture or repair except as provided for in paragraph (a).
(c) device emitting radiation and containing radioactive substances in amounts greater than the values specified in paragraph (a), provided that:
(i) it is of a type approved by the Commission
(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Commission, justifies 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 a tenth of a metre from the accessible surface of the device and under normal operating conditions, a dose rate exceeding one microsievert per hour.
(d) Other apparatus, provided that:
(i) it is of a type approved by the Commission;
(ii) it possesses advantages in relation to the potential hazard that, in the opinion of the Commission justifies its use;
(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 radiation device, 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.
24. (1) Where any person is for the time being registered under this Part for the purposes of this Act, the Commission may at any time cancel the registration or may vary it
(a) where the registration has effect without limitations or conditions, by attaching limitations or conditions to it;
(b) where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions 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 the person to whom the registration relates.
(3)Any person aggrieved by the cancellation or variation of any registration in respect of him may within sixty days 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.
25.For the purpose of the better performance and furtherance of its objects under this Act, and whenever it deems necessary or expedient to do so, the Commission may impose any fees or charges not specified in this Act to any licensee or such other person for any service rendered to or to be rendered on by the Commission
PART IV
CONTROL OF RADIOACTIVITY IN FOODSTUFFS
26.Save as is provided for under Section 3(2) of this Act, the Commission shall
establish a system designated for the control of radioactivity in foodstuffs with a view to protecting people from consuming foodstuffs contaminated with radioactive materials.
27. (1) The System, as established under section 26 above shall ensure that exports and imports of foodstuffs are screened or analyzed for radioactive
materials contamination before being cleared from the custom authorities or distributed for human consumption.
(2) The Commission shall analyze and issue a radioactivity analysis certificate in respect of every food sample representing the consignment in question.
(3) Every radioactivity analysis certificate issued under subsection (2) of this section shall be a condition precedent to the clearing process of food consignments from the Customs Authorities at all entry and exit points.
(4) All Customs and port authorities at all entry and exit points in cooperation with the Commission shall bear a responsibility to ensure compliance of this part.
28. The Minister, in exercising his powers conferred under Section 55(2)(o) of this Act shall, inter-alia prescribe analysis fees; specify the sampling procedures and types of foodstuffs to which the provisions of this part apply; establish radioactivity intervention levels for the control of foodstuffs; and determine the penalties or punishments resulting from the offences committed under this part.
PART V
PROVISIONS RELATING TO PROTECTION FROM RADIATION.
29.It shall be the duty of the Commission and of every person using radiation to ensure that provisions are made and systems of operations established whereby the health of workers, students and members of the public generally shall be secured against all foreseeable harm resulting from radiation.
30. (1) Subject to the provisions of this section, with effect from the effective date, no person shall, except in accordance with an authorization 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 32, 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 authorization granted under section 32.
(3) For the purpose of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, storage or use of that material is accumulated in a part of the premises appropriated for the purposes, and is retained there for a period of three or more months, that substance shall, unless the contrary is proved, be presumed:
(a) to be radioactive waste, and
(b)to be accumulated on the premises with a view to its subsequent
disposal.
31.(1) Subject to the provisions of this section, as from the appointed day, no person shall, except in accordance with an authorization granted in that behalf under section 32 dispose of any radioactive 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 radiation device for the purpose of its being used in the provision by him of services to which section 22 of this Act applies, he shall not, on or after the appointed day, dispose of any radioactive waste arising from any such apparatus so kept by him, or cause or permit any such radioactive waste to be disposed of, except in accordance with an authorization granted in that behalf under this part.
(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 further authorization under subsection (3), if it is waste which falls within the provision of an authorization granted under circumstances described in subsection (1) or (2) of this section.
32.(1) The power to grant authorizations under section 30 and 31 in respect of the accumulation and disposal of radioactive waste on or from any premises used for any undertaking by any person using radiation shall be exercisable 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 consent of the Minister.
(2) Before granting his consent to a proposal by the Commission to grant an authorization to which section 30 or 31 relates, the Minister shall consult with such local authorities, water utilization authorities, river basin authorities or other public or other authorities as appear to him proper to be consulted.
(3) An authorization under section 30 or 31 may be granted either in respect of radioactive waste generally or in 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 consent, authorize the Commission to impose.
(4) Upon the grant by the Commission of an authorization, the Director General shall:
(a) furnish the person to whom the authorization is granted with a certificate containing all material particulars of the authorization; and
(b unless, for reason 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 accumulated, 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 either on 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 conditions, by attaching limitations or conditions to it;
(b) where the authorization has effect subject to limitation or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to it.
(6) Upon the revocation or variation of an authorization, the Commission 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.
33.(1) If it appears to the Commission that adequate facilities do not exist or are not available for the safe disposal or accumulation of radioactive waste the Commission may, after consultation with the Minister, arrange for the provision of such facilities by such persons 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 carrying 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 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 Commission 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 Commission exercises its powers under this subsection; the Commission may dispose of that radioactive waste as it deems fit, and shall recover from the occupier of the premises, any expenses reasonably incurred by the Commission in disposing of it.
34.(1) The Minister shall after consultation with the Commission and with the approval by resolution of the National Assembly, make provisions requiring persons or categories of persons using radiation to make provisions either by insurance or by such other means as may be specified, for the purposes of making available a 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 radiation emanating from the activities of their undertakings.
(2) Provisions made under this section shall be published in the Gazette, and may provide for the imposition of penalty upon any person using radiation to whom the provisions apply who is proved to contravene or fail to comply with them.
35.(1) The Minister shall, upon the advice of the Commission make rules relating to the procedure and manner of dealing with the accidents 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 the 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 occurrences.
(3) Reports of occurrences of the nature to be provided for in the rules shall, except where the Minister considers 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.
36.(1) For the purposes of this Act, any department of Government, public or statutory corporation, board, local government authority or other public authority, which for the purposes of furthering its functions uses or is required to use radiation shall comply with the provisions of this Act in the same manner and to the same extent as any other person using radiation, subject to subsection (2).
(2) Save as is otherwise provided in this Act, the Minister may make Regulations for the purposes of facilitating the smooth compliance with the provisions of this Act by departments of Government, public or statutory corporations, boards, local government authorities and other public authorities which are or become persons using radiation.
PART VI
THE OPERATIONS OF THE COMMISSION.
37.(1) There is hereby established a Committee to be known as the Radiation Advisory Committee.
(2) The provisions of the Second Schedule to this Act shall have effect as to the composition, the procedure and other matters in relation to the Radiation Advisory Committee.
38. (1) The Radiation Advisory Committee shall be the principal advisory organ of the Commission for ensuring control of the use of radiation sources and the promotion of peaceful uses of atomic energy and nuclear technology in Tanzania.
(2) Without prejudice to the generality of subsection (1), for the purposes of the more effective performance of its functions, the Advisory Committee shall be responsible for advising the Commission on:
(a) all matters referred to it by the Commission for its advice;
(b)appropriate measures necessary to be taken by the Commission for ensuring the safety of workers, students, patients and other members of the public in the use of radioactive Materials or radiation devices capable of producing radiation in dangerous amounts or disposal of radioactive waste;
(c) matters relating to the recruitment, employment and maintenance of a corps of senior technical staff, and Radiation Staff who are sufficiently qualified to effectively promote, 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 Commission 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 Advisory Committee is competent to advise upon.
(3) The Committee may, for the more effectual furtherance of the objects and provisions of this Act, after duly notifying the Commission, initiate studies, enquiries or investigations concerning the safe use and disposal of radionuclides or devices producing radiation, and submit the results of such studies, inquiries or investigations to the Commission together with:
((a) recommendations or 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 recommended.
39.(1) For the purposes of establishing, maintaining and operating a radiation protection service, the Secretariat shall, with the prior advise of the Committee and approval of the Commission, establish a system which will facilitate and ensure:
(a) the determination of the extent of exposure to radiation of the public generally and, in particular, of radiation workers, students and persons employed in research and teaching establishments 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 staff, of all premises in respect of which a licence to install or use apparatus emitting 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.
(e) effective and efficient operation of a national emergency response and preparedness programme which should be linked to the International conventions on early notification in case of a nuclear accident or radiological emergency and that on request for assistance in case of a radiological emergency; to which Tanzania is a party.
(f) Provision and operation of a national coordinated radioactive waste
management system.
(g) Radiation safety and quality control of radiation devices through inspections and quality assurance checks.
(2) In addition to the provisions of subsection (1) the Secretariat shall make arrangements to facilitate the establishment and maintenance of personnel radiation dosimetry services for the purposes of:
(a) providing personal radiation measuring devices to be worn by individuals occupationally exposed to radiation;
(b)providing a reporting system 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 individuals who have been or are likely to be subject to overexposure.
(3) The personal radiation dosimetry service provided for under subsection (2) may, 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 Secretariat shall also make arrangement to facilitate the establishment and maintenance of a National Calibration Laboratory for radiation for the purpose of:-
(a) ensuring that national dosimetry measurements are linked to the existing and approved international measurement system.
(b)performing standard calibration of radiation survey instruments employed in individual or area monitoring programme.
(c) providing training in radiation measurements.
(5) The provision of sub- Section(3) shall also apply to the provision of subsection (4).
(6) In addition to the provisions of sub-section (4), every licensee shall be required to:-
(a)Procure an adequate number of survey instruments for area monitoring purposes where radiation sources or industrial or therapy radiation devices are involved or used;
(b)Send the radiation survey instrument for routine standard calibration to an approved dosimetry laboratory at least once a year and every after its maintenance or repair.
40. (1) Every person using radiation shall, after consultation with the Secretariat, appoint a qualified expert employed by him to be a Radiation Safety Officer in relation to his undertaking.
(2) For the purposes of this section, where an 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 radiation, there shall be appointed a Radiation Safety Officer in respect of each such premises notwithstanding that the different premises are each a part of one undertaking belonging to one person using radiation.
(3)It shall be the duty of every Radiation Safety Officer appointed under this section :-
(a) to advice 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 enforcement of local rules for the protection of workers from radiation;
(c) to advise and liaise with the Director General of the Commission regarding the implementation of radiation protection measures at his place of work;
(d) to assist Radiation Staff in the enforcement of the provisions of this Act in relation to the undertaking in respect of which he is appointed.
(4)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 bonafide in furtherance of the provisions of this Act, make him personally liable to any proceeding or demand of any kind, not to any disciplinary or other measure by or on behalf of his employer impinging upon the continuance, terms or conditions of his employment.
41. Every radiation staff, in the exercise of his functions under this Act, has power to:
(a) make such examination and inquiries as may be necessary to 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 staff is an approved medical practitioner, 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.
42. (1) Subject to the provisions of this Act, and of any other written law, if any radiation staff or other authorized person reasonably suspects that any provision of this Act or regulation, rule, direction or other provision made or issued under this Act is being, has been or is about to be contravened by any person, in 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 stopping or preventing the contravention or ascertaining whether in fact a contravention is occurring or has occurred and take appropriate measures;
(b)upon such entry, require the production of any licence or certificate authorizing the use, possession, 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.
(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 radiation device , radioactive material or waste is installed, accumulated, disposed of or being transported, shall upon demand by a radiation protection staff in accordance with subsection (1), furnish the means required or necessary to facilitate the entry, inspection, examination, inquiry, the taking of samples and any other act in the furtherance of the provisions of this section.
43. (1) Every member of the Commission, every member of the Committee, the Director General, every radiation staff, and every employee of the Commission 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 inspection is to be made in consequence of any such complaint or information 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 in the course of the performance of his functions, and which is of a type ordinarily considered as being subject to professional, commercial, trade or industrial secrecy, the revelation of which is not necessary for the implementation of the provisions 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 administration of the provisions
of this Act.
PART VII
FINANCIAL RESOURCES OF THE COMMISSION.
44. (1) The Funds and Resources of the Commission shall consist of the following:
(a) such sums as may be provided by Parliament, by way of appropriation through government subvention.
(b) Such sums accruing to the Commission by way of fees or other payments charged in respect of any services rendered by the Commission and for which fees may be charged under this Act.
(2) The Funds 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.
(3) The Funds shall be managed and controlled by the Director General who shall for that purpose be answerable to the Commission, subject to subsection (4) of this section.
(4) The Minister may from time to time issue directives in writing regulating the use of the Funds, and shall, after consultation with the Minister for the time being responsible for finance, make Rules providing for the operation of the Funds and for the audit of the accounts of the Funds.
45. (1) Not less than two months before the beginning of any financial year the Commission shall at its first meeting especially convened for that purpose, pass a detailed annual budget of the amounts respectively:
(a) expected to be received; and
(b) expected to be disbursed by the Commission during the financial year.
(2) If in any financial year the Commission requires to make any disbursement not provided for in the annual budget for the year, the Commission shall at a meeting, pass a supplementary budget detailing the disbursements.
(3) The annual budget and every supplementary budget shall be in such a form and include such details as the Minister may approve.
(4) Forthwith upon the passing of the annual budget or any supplementary budget the Commission shall submit the budget to the Minister for his approval.
(5) The Minister shall, upon the receipt of the annual budget or supplementary budget, approve or disapprove it or approve it subject to such amendments as he may consider fit.
(6) Where the Minister has approved any annual budget or supplementary budget the budget as approved by him, whether with or without amendment, shall be binding on the Commission which, subject to the provisions of subsection (2) shall confine its disbursement within the items and amounts contained in the applicable estimates as approved by the Minister.
(7) The Commission may:
(a) with the sanction in writing of the Minister make disbursement notwithstanding that the disbursement is not provided for in any budget;
(b) adjust expenditure limits to take account of circumstances not reasonably foreseeable at the time the budget was prepared, subject to submitting a supplementary budget to the Minister within two months of the alteration of expenditure limits becoming necessary.
46. With the prior approval of the Minister, the Commission may from time to time, invest part of the monies available in any fund in investments authorized by the Trustees Investment Act, 1967, for investment of any trust fund.
47. (1) With the prior approval of the Minister, the Commission may, from time to time, borrow monies for the purposes of the Commission by way of borrow, loan or overdraft, and upon such security and such terms and conditions relating to repayment of the principal and payment of interest, subject to any direction by the Minister, the Commission may consider fit.
(2) A person lending money to the Commission shall not be bound to inquire whether the borrowing of that money by the Commission has been approved by the Minister.
48. (1) The Commission shall cause to be provided and kept proper books of accounts and record with respect to:
(a) the receipt and expenditure of monies by, and other financial transactions of the Commission;
(b) the assets and liabilities of the Commission;
and shall cause to be made out for every financial year a balance sheet and a statement showing details of the income and expenditure of the Commission and all its assets and liabilities.
(2) Not later than six months after the close of every financial year the accounts including the balance sheet of the Secretariat in respect of that financial year shall be audited by any Auditors or Audit firm appointed by the Commission for that purpose.
(3) Every audited balance sheet shall be placed before a meeting of the Commission and, if adopted by the Commission, shall be endorsed with the certificate that it has been adopted.
49. The Commission shall within six months after the close of the financial year, cause to be prepared and submitted to the Minister a report dealing generally with the activities and operations of the Secretariat during that year and accompanied by:
(a) a copy of the audited accounts of the Secretariat;
(b)a copy of the auditors report on the accounts; and
(c) such other information as the Minister may direct.
50. The Minister shall as soon as practicable, and in any case not later than twelve months after the close of a financial year, lay before the National Assembly the following documents in relation to that financial year:
(a) a copy of the audited statement of accounts of the Secretariat;
(b) a copy of the auditors report, if any; and
(c) a copy of the implementation report by the Commission.
51. The Members of the Commission shall be entitled to such remuneration, fees or allowances for expenses as the Commission may upon the recommendation of the Secretariat, prescribe from time to time and which should be included in the Budgetary estimates.
PART VIII
NATIONAL RADIATION FUND
.
52. (1) There is hereby established a Fund to be known as the National Radiation Fund.
(2) The Resources of the Fund shall consist of:-
(a) Such sums as may be provided for the purpose by Parliament, by way of appropriation, through Government subvention.
(b) Such sums accruing to the Commission by way of donations, grants, bequests or loans as the Commission may from time to time receive from any person or organization;
(c)such any portion of fees chargeable under this Act;
(d) Such other sums or property which may vest in 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 resources of the Fund shall be utilized for the purposes of:-
(a) Supporting radioactive waste management services.
(b) Funding research programmes on Radiation Protection and Environmental Radiation Monitoring and nuclear technology.
(c) Promotion and coordinating the development of the effective utilization of nuclear technology.
(d) Any other activities which the Commission may consider essential.
53. (1) The Fund shall be managed and controlled by the Commission subject to directives issued by the Minister regulating the use of the Fund.
(2) The Minister in consultation with the Minister for the time being responsible for finance may make rules published in the gazette providing for the administration and operations of the Fund.
(3) The Secretariat shall maintain the fund in a separately designated bank account or accounts, which it shall operate in accordance with such directions as the Commission may from time to time, give in that behalf, save that the Secretariat shall not make any payment out of the Fund except in accordance with the approved annual expenditure programme.
(4) Without prejudice to the preceeding provisions of this section, the Commission may, where circumstances so require, maintain and administer as part of the Fund any special account or accounts for the purposes or programme carried on jointly with a foreign institution, department or organization for effective radiation protection and promotion of nuclear technology in the United Republic of Tanzania.
54. (1) The Commission shall cause to be provided and kept proper books of accounts of payments made into and out of the Fund.
(2) The Accounts of the fund shall be audited annually by any auditor or auditors or audit firm appointed by the Commission for that purposes.
PART IX
MISCELLANEOUS PROVISIONS.
55. (1) The Minister may, on his own motion or upon the recommendation 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 (1), the Minister may make Regulations:
(a) providing for the conduct of the business of the Commission and the Advisory 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 coopted;
(c) providing further for the duties of the Director General.
(d) prescribing forms, certificates, procedures, fees and other matters in relation to licenses, registration and authorizations provided for under this Act;
(e) limiting the use of radioactive materials, device or equipment emitting dangerous radiation for any specified purpose including use for medical, dental or surgical purposes;
(f) restricting exposure to radiation in the lowest possible level;
(g) determining the highest dose limits for the concentration 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 radioactive materials;
(i) requiring and providing a system for informing of workers on the dangers capable of resulting from radiation and on the necessary safety precautions;
(j)providing for special medical checkups 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 radiation device or radioactive materials .
(l) providing for the proper management, control and administration 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 radiation devices and nuclear installations;
(n) providing for the formulation and establishment of a code of practice for both ionizing and non-ionizing radiation.
(o) providing for the control of radioactivity in foodstuffs and environment.
(p) prescribing anything which is required or permitted to be prescribed under this Act; and
(q) providing for any other matter which, in the opinion of the Minister, 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 this Act.
(3) Regulations made under this section shall be published in the Gazette.
56.(1)Any person who willfully destroys, damages or interferes in any way with any equipment, device, instrument, plant or installation or any part of it, which is a source of radiation in such a manner as to cause the uncontrolled or unregulated emission of radiation which causes loss of the life, limb or any part or parts of the body or property of any person is guilty of an offence and liable on conviction to a fine of not less than sixty thousand US dollars or its equivalent in Tanzanian shillings or imprisonment for a term of not less than ten 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, license, certificate, notice or other document required of him by a radiation staff in the performance of his functions under this Act;
(b) in any other manner obstructs any radiation protection staff to the owner, occupier or other person responsible for the management of any source;
(c) conceals, prevents or attempts to prevent a person from appearing before or being examined by a radiation staff;
(d) in any other manner obstructs any radiation staff in the course of performing functions under this Act or
(e) contravenes, fails or refuses to comply with any other provision 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 of not less than two thousand US dollars or its equivalent in Tanzanian shillings or to imprisonment for a term not less than four months, 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, impounding 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.
57. (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 radiation exposure limit published by the International Atomic Energy Agency or by the International Commission on Radiological Protection and the International Radiation Protection Association shall be prima 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.
58. (1) Save as otherwise stated, all orders, Regulations, licences, authorizations or prohibitions, registration, contracts and or any transactions issued or made under the provisions of the Protection from Radiation Act, no. 5 of 1983 shall, upon the the commencement of this Act, be considered as having been issued or made under the provisions of this Act, and shall have the same effect.
(2)All properties and or assets owned by the Commission by virtue of the provisions of the Protection from Radiation Act N0.5 of 1983,shall, on coming into operation of this Act,vest in Commission established under this Act.
(3) An employee of the Commission established under the Protection from Radiation Act no. 5 of 1983 shall, on the coming into operation of this Act, so far as may be practicable continue as an employee of the Commission in a post comparable to that which the employee held with the former Commission.
59. The protection from Radiation Act. No. 5 of 1983 is hereby repealed.
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 Commission for Science and Technology;
(c) A representative from the Ministry responsible for Science and Technology;
(d) A representative from the Attorney General Chambers;
(e) Representative from the Ministry of Health – Tanzania mainland;
(f) Representative from the Ministry of Health, Zanzibar;
(g) Director General of National Radiation Commission;
(h) Any other four Members appointed by the Minister from amongst the following:-
(i) Director of National Environment Management Council;
(ii) Executive Director of Ocean Road Cancer Institute;
(iii)Commissioner of customs;
(iv)A representative from the Ministry of Agriculture;
(v)A representative from the Universities.
(vi)any other Person considered competent in radiation matters among the Stake holders.
(2) In making appointments of Members of the Commission the Minister shall ensure that he appoints persons who, in his opinion, have the necessary qualification or experience to enable them to make a useful contribution to the deliberations of the Commission and to the effectual performance of its functions.
2. The Members shall elect one of their number to be the ViceChairman who shall subject to his continuing to be a Member, hold office for a term of three years, but shall be eligible for reelection.
3.(1) A Member other than the Director General appointed under section 1 to this schedule:-
(a) shall, unless his appointment is sooner terminated by the Minister, or he ceases tenure of office in any other way to be member, hold office for a period of three years but shall be eligible for reappointment.
(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.
(c)The office of a Member who is absent without any reasonable cause from three consecutive Meetings of the Commission shall, not withstanding any representations become vacant.
(2) Where the office of a Member becomes vacant pursuant to paragraph 3 (1) (a) or (c) or by reason of death, the Minister shall, acting in consultation with the Commission appoint a person to fill the vacancy that is created.
4. When any Member of the Commission, other than the Director General is by reason of absence from the United Republic of Tanzania or illness or other sufficient cause unable to perform his duties as a Member of the Commission, the appointing authority may appoint a temporary Member in his place, and the temporary Member shall hold office until he or she comes back or when the term of the office of the substantive Member expires, whichever occurs first.
5. (1) The Commission shall ordinarily meet at such times and places as it deems necessary for the transaction of its business, but shall meet at least once in every three months.
(2) The Chairman or, in his absence the ViceChairman may at any time call a special Meeting of the Commission, and shall call a special Meeting upon a written request by a majority of Members in office.
(3) The Chairman or in his absence the ViceChairman, shall preside at every Meeting of the Commission,. In the absence of both the Chairman and the ViceChairman, the Members present shall appoint a Member from amongst
themselves to preside over the Meeting.
6. The quorum at any Meeting of the Commission shall be half of all the Members in office.
7. (1) Without prejudice to sub-paragraph(2) a question proposed at a Meeting of the Commission shall be decided by consensus or where there is no consensus by a majority of the votes of Members present and voting and in the event of an equality of votes then the person presiding shall have a casting vote in addition 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.
8. (1) The Commission shall cause to be recorded and kept details of all business conducted or transacted at its Meetings, and the minutes of each Meeting of the Commission shall be signed by the person presiding at that Meeting.
(2) Any minutes 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 be a correct record of the Meeting whose minutes they purport to be.
9. The validity of any act or proceeding of the Commission shall not be affected by any vacancy among its Members whose minutes they purport to be.
10. Subject to the provisions of this Schedule, the Commission may regulate its own proceedings
11. The Commission may from time to time prescribe emoluments and allowances payable to Members as provided for under section 51 of this Act.
12. (1) There shall be an official seal of the commission
(2) The application of the official seal of the Commission shall be authenticated by two signatures namely:-
(a) the signature of the Chairman of the Commission or some other Member of the Commission other than the Director General authorized by the Commission on that behalf; and
(b) the signature of the Director General or some other employee of the Commission authorized by the Commission to act for that purpose in place of the Director General .
(3) Any instrument or contract which is executed or entered into by a person other than a body corporate, shall not be required to be under seal, may be executed or entered into on behalf of the Commission by the Director General or any Member of the Commission if that Member has previously been authorized, either specifically or generally by resolution of the Commission , to execute or enter into that particular instrument or contract or that class of instrument or contract.
(4) Every document purporting to be a document executed or issued by or on behalf of the Commission and to be:
(a) sealed with the official seal of the Commission authenticated in the manner provided by sub-paragraph (2) to act for that purpose shall be deemed to be so executed or issued until the contrary is provided.
13 Any document purporting to be duly executed or issued under the seal of the Commission as to any resolution of the Commission or as having been issued on behalf of the Commission, shall be receivable in all courts or tribunal or other bodies authorized to receive evidence and shall, unless the contrary is shown, be deemed, without further proof, to be sufficient evidence of what is contained in the document.
SECOND SCHEDULE.
Provisions Relating to the Radiation Advisory Committee.
1. The Committee shall consist of the Director General, who shall be the secretary and other seven Members appointed by the Commission from amongst persons who are Scientists, Engineers, Medical practitioners or other Professionals in technical fields, who are conversant with matters related to radiation protection and nuclear technology and who are serving in institutions or organizations concerned with the use or handling of radiation sources..
2. The Commission shall appoint the Chairman of the Committee from amongst Members appointed and the Members shall appoint one of their Members to be the vice chairman.
3. The Committee may coopt such other Members to assist the Committee in its deliberations whenever it deems fit to do so; Provided that such Members shall not have any voting right with regard to any matter before the Committee.
4. Subject to the provision 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.
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