Atomic Energy and Radiation Protection Act, 2005
Act 5 of 2005
- Published in Government Gazette 3429 on 16 May 2005
- Assented to on 24 April 2005
- Commenced on 16 January 2012 by Commencement of Atomic Energy and Radiation Protection Act, 2005
- [This is the version of this document from 16 May 2005 and includes any amendments published up to 1 December 2023.]
1. DefinitionsIn this Act, unless the context otherwise indicates -“accident” means any event relating to a radiation source, including an operating error, equipment failure or other mishap, the consequences or potential consequences of which are not negligible from the point of view of protection or safety;“authorisation” means an authorisation issued under section 17(3);“Authority” means the National Radiation Protection Authority established by section 33;“Board” means the Atomic Energy Board established by section 3;“chairperson” means the chairperson of the Board;“committee” means a committee established under section 10;“compliance order” means an order issued under section 23;“control”, in relation to any juristic person, means the power, directly or indirectly, to direct or cause the direction of the management of that person, whether through the ownership of shares, voting, securities, partnership or other ownership interests, or through agreements or otherwise;“customs officer” means an officer as defined in the Customs and Excise Act, 1998 (Act No. 20 of 1998);“Director-General” means the Director-General appointed in terms of section 34;“disposal”, in relation to radioactive waste, includes its removal, deposit, or destruction, its discharge, whether into water or into air or into a sewer or drain or its burial and “dispose of” must be construed accordingly;“dose limit” means the prescribed maximum value of the effective amount of radiation to which a person has been exposed and which is determined in the manner prescribed;“medical exposure” means exposure incurred by -(a)patients as part of their own medical or dental diagnosis or treatment;(b)persons, (other than those subjected to occupational exposure) while voluntarily helping in the support and comfort of patients; and(c)volunteers in a programme of biomedical research involving their exposure to radiation;“Minister” means the Minister designated under section 44(1)(a);“Ministry” means the Ministry determined under section 44(1)(b) to be charged with the administration of this Act;“non-ionising radiation” means, electromagnetic radiation whose primary mode of interaction with matter does not produce ion pairs, any sonic, infrasonic or ultrasonic waves and any particulate emission;“notification” means a notification referred to in section 17(1);“nuclear material” means -(a)plutonium (except plutonium with isotopic concentration exceeding 80% in plutonium-238);(b)uranium enriched in isotope uranium-235, or uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore residue; and(c)any substance or device that may be necessary or useful in the manufacture of nuclear weapons, prescribed to be nuclear material,any mixture or compound that contains nuclear material, except any naturally occurring mineral containing uranium that has not been processed in any manner to concentrate the uranium contents or change the isotopic mixture of the uranium: Provided that the regulations may prescribe that any material included in this definition is not regarded as nuclear material for the purpose of this Act;“occupational exposure” means exposure of workers incurred in the course of their work, with the exception of exposures excluded from the Standards and exposures from practices or sources exempt from the Standards;“practice” means any human activity that introduces additional pathways of exposure to radiation or extends exposure to radiation to additional people, animals or plants or modifies the network of pathways of exposure to radiation from existing services;“prescribed” means prescribed by regulation, and “prescribe” must be construed accordingly;“prescribed non-ionising radiation” means non-ionising radiation in respect of which the provision in question has been made applicable as contemplated in section 43(1)(l);“premises” includes -(a)any land, whether developed or not;(b)any place underground; and(c)any land covered by water; and(d)any building, structure, vehicle, vessel, aircraft or container;[Paragraphs (b) and (c) both have the word “and” at the end in the Government Gazette.]“Protocol to the Safeguards Agreement” means the Protocol signed between the Government of the Republic of Namibia and the International Atomic Energy Agency in Vienna on 22 March 2000;“radiation” means -(a)electromagnetic radiation or high energy particles that react with matter by forming ion pairs; and(b)non-ionising radiation in so far as the application of this Act has been prescribed for such radiation;“radiation protection officer” means a radiation protection officer appointed under section 33(3);“radiation safety rules” means a detailed document prepared under section 29(2)(c) specifying how the licence holder intends to ensure the safety of workers, clients, patients, the public and the environment;“radiation safety officer” means a radiation safety officer appointed under section 30(1);“radiation source” means any device, radioactive material or any other material that emits radiation;“radioactive material” means any matter or substance containing one or more radio nuclides but does not include any material the activity or concentration of which does not exceed the prescribed exemption levels;“radioactive waste” means material, whatever its physical form, remaining from practices or interventions and for which no further use is foreseen -(a)that contains or is contaminated with radioactive substances and has an activity or activity concentration higher than the prescribed level; and(b)exposure to which is not excluded from the Standards;“radionuclide” means an atom whose nucleus undergoes radioactive decay naturally;“registration” means registration under section 18;“regulations” means regulations made under section 43;“Safeguards Agreement” means the Agreement between the Government of the Republic of Namibia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, signed in Vienna on 19 March 1998;“safety assessment” means a review of the aspects of design and operation of a source which are relevant to the protection of persons or the safety of the source concerned, including the analysis of the provisions for safety and protection established in the design and operation of the radiation source concerned and the analysis of risks associated with normal conditions and accident situations and which contains the prescribed information and the results of such studies as may be prescribed;“Standards” means the standards published by the International Commission on Radiological Protection, the International Commission on Non-ionising Radiation, the International Atomic Energy Agency or other relevant international organisations, made applicable under section 43(2) or as prescribed under section 43(1)(e);“this Act” includes regulations made under the Act;“transfer of a licence” includes the acquisition of control of the licence holder;“waste” means material for which no further use is foreseen;“worker” means a person who works and who has recognised rights and duties in relation to occupational radiation protection.
2. Objects of this ActThe objects of this Act are -
Atomic Energy Board
3. Establishment of Board
4. Composition of BoardThe Board consists of the following members appointed by the Minister -
5. Disqualification for appointment as member of BoardA person does not qualify to be appointed as a member of the Board who -
6. Term of office of members of BoardSubject to section 7, a member of the Board holds office for a period of three years and is at the expiration of that period, eligible for re-appointment.
7. Vacation of office and filling of vacancies
8. Functions of BoardThe functions of the Board are to -
9. Meetings of Board
10. Committees of Board
11. Remuneration and allowances of members of Board and of committees
12. Delegation of powers and assignment of functions
Secretariat and staff of Board
14. Other staffThe Permanent Secretary of the Ministry must designate such staff members in that Ministry to perform the work of the Board as may be necessary.
15. Annual report of Board
Authorisations, licences and registrations
16. Prohibition of certain actions without authorisation, licence and registration
18. RegistrationUnless any exemptions have been prescribed, any licence holder must register every radiation source, every facility used in respect of such source and the location where such source is used and the location where such source is stored.
19. Application for registration
20. Cancellation of registration
21. Application for a licence
22. Matters to be considered in relation to application
23. Compliance order
24. Compliance order in urgent matters
25. Duration of registration and licence
26. Revocation and suspension of licence
27. Modification of conditions of licence
28. Transfer of licence
29. Duties of licence holder
30. Duty of licence holder to appoint radiation safety officer
31. Notice of intended termination of operationsA licence holder must notify the Director-General of his or her intended termination of operations as prescribed and must follow the prescribed decommissioning procedure or if no procedure is prescribed, such procedure as the Director-General may determine in order to ensure the safety of the public and the environment.
32. Notice of accidents
National Radiation Protection Authority
33. National Radiation Protection Authority
34. Director-General of National Radiation Protection Authority and radiation protection officers
35. Powers of radiation protection officers
36. Entry and search of premises
37. External experts
38. ConfidentialityEvery member of the Board or of a committee or the Authority and every radiation protection officer performing any functions arising from this Act must treat as confidential any information which comes to his or her knowledge in the course of the performance of his or her functions, and which is of a type ordinarily considered as being subject to professional, commercial, trade or industrial secrets, the revelation of which is not necessary for the implementation of this Act.
39. AppealsSubject to regulations prescribing the procedures and any time limits for such appeal, a person aggrieved by the issuing of a compliance order may appeal to the High Court against that order.
40. Offences and penalties
41. Institution of criminal proceedingsThe Prosecutor-General may delegate his or her power to conduct criminal proceedings in relation to any offence under this Act to the Director-General or any staff member of the Authority subject to such control and directions as the Prosecutor-General thinks fit.
42. Transitional provisionNotwithstanding anything contained in this Act, any person using radioactive materials or some other source of radiation prior to the commencement of this Act must submit an application for a licence or registration to the Director-General in the prescribed form within 90 days from the date of commencement of this Act and may continue to operate until a licence is issued or refused under this Act.
44. Administration of Act
45. Amendment of lawsThe Hazardous Substances Ordinance, 1974 (Ordinance No. 14 of 1974) is amended as set out in the Schedule.
46. Act to bind StateThis Act binds the State.
47. Short title and commencement
History of this document
16 January 2012
16 May 2005 this version
24 April 2005
|Radiation Protection and Waste Disposal Regulations, 2011||Government Notice 221 of 2011|
Documents citing this one 5
- Namibia Government Gazette dated 2011-11-18 number 4835
- Namibia Government Gazette dated 2020-06-04 number 7228
- Namibia Government Gazette dated 2020-08-14 number 7309
- Namibia Government Gazette dated 2023-01-04 number 8000