Ionising Radiation Protection

Ionising Radiation Protection [No. 16 of 2005 81
THE IONISING RADIATION PROTECTION ACT, 2005
ARRANGEMENT OF SECTIONS
PARTI
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Application
4. Exemptions
P A R T n
RADIATION PROTECTION AUTHORITY
5. Establishment of Authority
6. Constitution of Board
7. Functions of Authority
8. Decisions of Board to prevail
9. Tenure of office and vacancy
10. Filling of casual vacancy
11. Proceedings of Board
12. Committees of Board
13. Allowances of members
15. Immunity of member
15. Prohibition or disclosure
17. Seal of Authority
PART in
SECRETARIAT
18. Constitution of secretarial and definition of its functions
19. Executive Director
20. Secretary and other staff
PART rv
LICENCES
2 1 . Appl ication for 1 icence
22. Refusal to issue licence
23. Appeal against refusal to issue licence
24. Amendment of licence
25. Transfer of licence
26. Responsibility of licence
27. Decommissioning of radioactive device
28. Enforcement notices
29. Suspension or cancellation of licence
Copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, Lusaka 10101. Price K6.500 each.

Suspension or cancellation of licence
Copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, Lusaka 10101. Price K6.500 each.

82 No. 16 of 2005] Ionising Radiation Protection
P A R T V
FINANCIAL PROVISIONS
30. Funds of Authority
31. Investment of Funds
32. Financial year
33. Accounts
34. Annual Reports
35. Radiation safety officer
36. Powers of radiation safety officer
37. Duty of radiation safety officer to report to Board
PART VI
GENERAL PROVISIONS
38. Offences and penalties
39. Prohibition of disclosure of information by employee
40. References to radiation board and chief radiation officer
4 1 . Dissolution of radiation protection board
42. Vesting of assets of Radiation Protection Board
43. Registration of property to be transferred by Government
44. Legal proceedings
45. Staff of radiation protection board
46. Regulations
47. Repeal of section 74 of Environmental Protection and Pollution Control
Act
48. Repeal of Ionising Radiation Act and Savings

board
46. Regulations
47. Repeal of section 74 of Environmental Protection and Pollution Control
Act
48. Repeal of Ionising Radiation Act and Savings

Ionising Radiation Protection [No. 16 of 2005 83
G O V E R N M E N T OF Z A M B I A
ACT
No. 16 of 2005
Date of Assent: 28th September, 2005
An Act to establish the Radiation Protection Authority and to
define its functions and powers; to provide for the protection
of the public, workers and the environment from hazards
arising from the use of devices or materials capable of
producing ionising radiation; to repeal and replace the
Ionising Radiation Act, 1972; and to provide for matters
connected with or incidental to the foregoing. [ 7th October, 2005
ENACTED by the Parliament of Zambia
PARTI
PRELIMINARY
1. This Act may be cited as the Ionising Radiation Protection
Act, 2005, and shall come into operation on such date as the Minister
may, by statutory instrument, appoint. 2.

d as the Ionising Radiation Protection
Act, 2005, and shall come into operation on such date as the Minister
may, by statutory instrument, appoint. 2.

(1) In this Act, unless the context otherwise requires-
"Authority " means the Radiation Protection Authority
established by section five;
"authorisation " means a permission granted in writing by
the Board to a person who has submitted an application to
carry out a practice or any other action authorised under
this Act and includes a registration or licence;
"Board " means the Radiation Protection
Authority Board constituted under section six;
"Chairperson " means the person appointed
as Chairperson of the Board under section six;
"clearance " means removal of radioactive materials or
radiation devices within authorised practices from any
further control by the Board;
"clearance levels " means values established by the Board
and expressed in terms of activity concentration or total
activity, at or below which sources of radiation may be
released from regulatory control;
"committee " means a committee constituted by the Board
under section twelve^
"disease " includes injury and bodily or mental deficiency or
abnomality;
Enactment
Short title
and
commence
ment
Interpretation

under section twelve^
"disease " includes injury and bodily or mental deficiency or
abnomality;
Enactment
Short title
and
commence
ment
Interpretation

84 No. 16 of 2005] Ionising Radiation Protection
"dose limit " means the value of the effective dose or the
equivalent dose to individuals from controlled practices that
shall not be exceeded;
"emergency " means a sudden situation
associated with an incident arising from the exposure of
the public or the environment to the harmful effects of
ionising radiation;
"environment" means the total terrestrial,
atmospheric and aquatic environs but does not include the
area within the boundaries of prescribed installations
handling radioactive material or radiation sources;
"Environmental Council of Zambia " means the
C o u n c i l establishment under section three of the
Environmental Protection and Pollution Control Act;
"Executive director" means the person
Cap. 204 appointed as Executive Director under section nineteen.

ronmental Protection and Pollution Control Act;
"Executive director" means the person
Cap. 204 appointed as Executive Director under section nineteen.

"exposure " means the act or condition of being
subject to irradiation and includes external exposure from
sources outside the body or internal exposure from sources
inside the body;
"facility " means an assembly of devices,
equipment, structures or natural features whether simple
or complex which serves some specific purpose or performs
some specific functions;
"former Board " means the Radiation Protection
Board established by section five of the Ionising Radiation
Act;
"harmful ionizing radiation " means ionizing
Cap. 311 radiation of sufficient intensity as to entail significant risk
of disability or disease as a result of exposure;
"ionizing radiation " for the purpose of
radiation protection, means radiation capable of producing
ion pairs in biological materials;
"limit" means the value of a quantity used in certain specified
activities or circumstances that must not be exceeded;
"member " means a member of the Board;
"practice " means any human activity that introduces additional
sources of exposure to additional people or modifies the

means a member of the Board;
"practice " means any human activity that introduces additional
sources of exposure to additional people or modifies the

Ionising Radiation Protection [No. 16 of 2005 85
network of exposure pathways from existing sources, so as
to increase the exposure or likelihood of exposure of people
or the number of people exposed;
"qualified expert " means an individual who, by virtue of
certification by appropriate boards or societies, professional
licenses or academic qualifications and experience, is duly
recognised as having expertise in a relevant field of
specialisation;
"Radiation Safety Officer" means a Radiation Safety Officer
appointed under section thirty-five;
"radioactive material "means any material emitting ionizing
radiation including neutrons as to entail significant risk of
disability or disease as a result of exposure;
"radionuclide " means a nuclide that is radioactive;
"Secretariat " means the Secretariat of the Authority
constituted under section eighteen;
"source " means anything that may cause radiation exposure
by emitting ionising radiation or releasing radioactive
substances or materials;
"Vice-chairperson " means the person elected as Vice-
chairperson of the Board under section six; and
"worker " includes a temporary employee. 3.

als;
"Vice-chairperson " means the person elected as Vice-
chairperson of the Board under section six; and
"worker " includes a temporary employee. 3.

(1) The provisions of this Act shall apply to ionising radiation
relating to practices and sources. (2) Unless otherwise provided in this Act or in regulations made A
P P l i c a t i o r
under it, radioactive material shall not be considered to be harmful
if it contains radioactivity which is below the exemption levels. 4. (1) The Minister may, on the recommendation of the Board
(which may set higher limits for exemption in the case of material
known to contain only less dangerous radionuclides), by statutory Exemption
order, exempt any material which contains radioactive matter of
less than specified limits from the provisions of this Act. (2) Sources of radioactive materials which are within authorised
practices may be exempted from some of the provisions of this Act
or of regulations made under it if they comply with the clearance
levels approved by the Board.

ay be exempted from some of the provisions of this Act
or of regulations made under it if they comply with the clearance
levels approved by the Board.

86 No. 16 of 2005] Ionising Radiation Protection
Establishment
of
Authority
Constitution
of
Board
(3) Any exposure to radiation which is part of the natural
environment and is due to cosmic rays at the ground level or to
natural radioactivity in the body shall be exempt from control as
provided in this Act. PART II
THE RADIATION PROTECTION AUTHORITY
5. There is hereby established the Radiation Protection Authority
which shall be a body corporate with perpetual succession and a
common seal, capable of suing and of being sued in its corporate
name, and with power, subject to the provisions of this Act, to do
all such acts and things as a body corporate may by law do or
perform. 6. (1) There is hereby constituted the Radiation Protection
Authority Board which shall, subject to the provisions of this Act,
perform the functions of the Authority under this Act.

ed the Radiation Protection
Authority Board which shall, subject to the provisions of this Act,
perform the functions of the Authority under this Act.

(2) The Board shall consist of the following part-time members
appointed by the Minister:
(a) a medical practitioner who has specialised in ionising
radiation nominated by the Medical Council of Zambia;
(b) a scientist nominated by the Vice-Chancellor of a public
university;
(c) a representative of the National Institute of Scientific and
Industrial Research;
(d) a representative of the Zambia Chambers of Commerce
and Industry;
(e) a representative of the ministry responsible for health;
(f) a representative of the ministry responsible for mines;
(g) a representative of the ministry responsible for defence;
(h) a representative of the ministry responsible for tourism,
environment and natural resources;
(i) a representative of the ministry responsible for agriculture;
(j) a representative of the ministry responsible for transport
and communications;
(k) a representative of the ministry responsible for labour;
(I) a representative of the ministry responsible for home affairs;

rt
and communications;
(k) a representative of the ministry responsible for labour;
(I) a representative of the ministry responsible for home affairs;

Ionising Radiation Protection [No. 16 of 2005 87
(m) a representative of the ministry responsible for science
and technology;
(n) a representative of the ministry responsible for finance
and national planning;
(o) a representative of the Attorney-General;
(p) a representative of the Environmental Council of Zambia;
(q) a representative of Occupational Health Research Bureau;
(r) a representative of a trade union representing workers in
the ionising radiation sector; and
(s) one other person. (3) The Chairperson shall be appointed by the Minister from
among the members. (4) The Vice-Chairperson shall be elected by the members of the
Board from among their number. (5) A person shall not be appointed as a member of the Board if
the person —
(a) is an undischarged bankrupt;
(b) has been convicted of an offence involving fraud or
dishonesty; or
(c) has been convicted of an offence under any other written
law and sentenced to a term of imprisonment of not less Authority
than six months, without the option of a fine. <
"a p
"
7.

e under any other written
law and sentenced to a term of imprisonment of not less Authority
than six months, without the option of a fine. <
"a p
"
7.

(1) Notwithstanding Part IX of the Environmental
Protection and Pollution Control Act, the functions of the
Authority shall be to —
(a) advise the Government on policies, measures and matters
relating to ionising radiation;
(b) implement the policies of the Government related to the
protection of the public, workers and the environment
from harmful effects of ionising radiation;
(c) establish facilities for the collection and dissemination of
scientific and technical information on ionising radiation;
(d) collect and disseminate information on the work of the
Authority through publications, seminars, workshops and
the print or electronic media;
(e) liase with the Environmental Council of Zambia or any
other regional or international organisation and institution
on matters relating to the promotion of the safe use of
ionising radiation in Zambia;
Functions of

ional or international organisation and institution
on matters relating to the promotion of the safe use of
ionising radiation in Zambia;
Functions of

88 No.

88 No.

16 of 2005] Ionising Radiation Protection
(f) initiate policy formulation and implement the provisions
of this Act and, when so required by the Minister or if
the Board otherwise thinks it necessary, draw up and
submit to the Minister proposals for amending it or
regulations to be made under it;
(g) ensure the protection and safety of the public in the event
of an accidental release of harmful ionising radiation or
other emergency;
(h) respond to, and coordinate responses to radiological
incidences and emergencies;
(i) investigate any alleged breach of the provisions of this Act;
(j) make recommendations to the Minister on all matters
concerning —
(i) the assurance that all activities involving the use
of devices or materials capable of producing
dangerous amounts of ionising radiation are
carried out in such a manner as to avoid dangers
to the public or to workers concerned or limit
risks to those acceptable as a matter of public
policy; and
(ii) the allocation of priorities and coordination of
activities in connection with maintenance of
safety in the use of devices or materials
producing ionising radiation and associated
matters to make the best use of available
resources, taking into account the needs of the
country and alternative methods of achieving
equivalent results;
(k) issue licences and authorisations; and
(I) carry out such other activities as are necessary or conducive
to the better performance of its functions under this Act.

s and authorisations; and
(I) carry out such other activities as are necessary or conducive
to the better performance of its functions under this Act.

(2) Notwithstanding subsection (1), the Board may, by direction
in writing and subject to such conditions as it considers fit, delegate
to any member, Committee or the Executive Director any of the
Authority's functions under this Act. Decisions of 8. Where any decision of the Board made under the provisions
Board to 0 f m j s Act conflicts with any decision of the Environmental Council
prevail Q^ 2i3m\)ia taken by the Council in the exercise of the it's functions
under section Seventy-two of the Environmental Protection and
Cap. 204 Pollution Control Act, the decision of the Board shall prevail.

it's functions
under section Seventy-two of the Environmental Protection and
Cap. 204 Pollution Control Act, the decision of the Board shall prevail.

Ionising Radiation Protection [No. 16 of 2005 89
9. (1) Subject to the other provisions ofthis Act, a member of
the Board shall hold office for a period of three years from the date
of appointment and shall be eligible for re-appointment for one
further term of three years. (2)The office of the member shall become vacant —
(a) upon the member's death;
(b) if the member is absent without reasonable excuse from
three consecutive meetings of the Board of which the
member has had notice;
(c) on ceasing to be a representative of the organisation which
nominated the member;
(d) if the member becomes mentally or physically incapable
of performing the duties of a member of the Board;
(e) if the member is declared bankrupt;
(j) if the member is convicted of an offence involving fraud or
dishonesty; or
(g) if the member is convicted of an offence against any other
written law and is sentenced to a term of imprisonment
of not less than six months without the option of a fine. (3) On the expiration of the period for which a member is
appointed the member shall continue to hold office until a successor
has been appointed but in no case shall the further period exceed
three months. 10.

pointed the member shall continue to hold office until a successor
has been appointed but in no case shall the further period exceed
three months. 10.

Whenever the office of a member becomes vacant before
the expiry of the term of office, the Minister may appoint another
member in place of the member who vacates office but that member
shall hold office only for the unexpired part of the term. 11. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure. (2) The Board shall meet for the transaction of business at least
every three months at such places and times as the Chairperson
may determine. (3) The Chairperson may, upon giving notice of not less than
fourteen days, call a meeting of the Board and shall call a special
meeting to be held within fourteen days of receipt of a written request
to the Chairperson by at least five members of the Board. (4) If the urgency of any particular matter does not permit the
giving of such notice as is required under subsection (3), a special
meeting may be called by the Chairperson, upon giving a shorter
notice. Tenure of
office and
vacancy
Filling of
casual
vacancy
Proceedings
of Board

al
meeting may be called by the Chairperson, upon giving a shorter
notice. Tenure of
office and
vacancy
Filling of
casual
vacancy
Proceedings
of Board

90 No. 16of 2005J Ionising Radiation Protection
(5) Nine members of the Board shall form a quorum at any meeting
of the Board. (6) There shall preside at any meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-Chairperson
such member as the members present may elect for the
purpose of that meeting. (7) A decision of the Board on any question shall be by a majority
of the members present and voting at the meeting and in the event of
an equality of votes, the person presiding at the meeting shall have
a casting vote in addition to the deliberative vote. (8) The Board may invite any person, whose presence is in its
opinion desirable, to attend and to participate in the deliberations of
the meeting of the Board but such person shall have no vote. (9) The validity of any proceedings, act or decision of the Board
shall not be affected by any vacancy in the membership of the Board
or by any defect in the appointment of any member or by reason
that any person not entitled to do so took part in the proceedings. Committees 12.

oard
or by any defect in the appointment of any member or by reason
that any person not entitled to do so took part in the proceedings. Committees 12.

(1) The Board may, for the purpose of performing its
functions under this Act, constitute such committees as it considers
necessary and may delegate to any committee such of its functions
as it considers fit. (2) The Board may appoint as members of a committee, persons
who are, or are not, members of the Board, except that at least one
member of a committee shall be a member of the Board. (3) A person serving as a member of a committee shall hold
office for such period as the Board may determine. (4) Subject to any specific or general directions of the Board, a
committee may regulate its own procedure. 13. The members of the Board or any committee shall be paid
such allowance as the Board may, with the approval of the Minister,
determine. 14. (1) If a member or person is present at a meeting of the
Board or any committee of the Board at which any matter is subject
of consideration and in which matter the member or person or the
member or person's spouse is directly or indirectly interested in a
Allowances
of
members
Disclosure
of interest

ch matter the member or person or the
member or person's spouse is directly or indirectly interested in a
Allowances
of
members
Disclosure
of interest

Ionising Radiation Protection [No. 16 of 2005 91
private capacity, the member or person shall as soon as is practicable
after the commencement of the meeting, declare such interest and
shall not, unless the Board or the committee otherwise directs, take
part in any consideration or discussion of, or vote on, any question
touching that matter. (2) A declaration of interest made under subsection (1) shall be
recorded in the minutes of the meeting at which it is made. 15. No action or other proceedings shall lie or be instituted
against any member or member of a committee for or in respect of
any act or thing done or omitted to be done in good faith in the
exercise or purported exercise of that member or committee
member's functions under this Act. 16. (1) A person shall not without the consent in writing given
by, or on behalf of, the Board, publish or disclose to any person
other than in the course of duties, the contents of any document,
communication, or information which relates to, and which has come
to the person's knowledge in the course of the person's duties under
this Act.

ent,
communication, or information which relates to, and which has come
to the person's knowledge in the course of the person's duties under
this Act.

(2) Any person who knowingly contravenes the provisions of
subsection (1) commits an offence and shall be liable, upon
conviction, to a fine not exceeding three thousand penalty units or
to imprisonment for a term not exceeding three months, or to both. 17. (1) The seal of the Authority shall be such device as may
be determined by the Board and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or any other
person authorised in that behalf by a resolution of the Board. (3) Any contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to be
under seal, may be entered into or executed without seal on behalf
of the Authority by the Secretary or any other person generally or
specifically authorised by the Board in that behalf. (4) Any document purporting to be a document under the seal of
the Authority shall be received in evidence and shall be deemed to
be so executed or issued, as the case may be, without further proof,
unless the contrary is proved. PART III
SECRETARIAT
18.

ce and shall be deemed to
be so executed or issued, as the case may be, without further proof,
unless the contrary is proved. PART III
SECRETARIAT
18.

(1) There is hereby constituted the Secretariat of the
Authority which shall have the function of implementing the decisions
of the Board. (2) Without prejudice to the generality of subsection (1) the
Secretariat shall—
Immunity of
members
Prohibition
of
publication
or
disclosure
Seal of
Authority
Constitution
of Secretariat
and definition
of its
functions

riat shall—
Immunity of
members
Prohibition
of
publication
or
disclosure
Seal of
Authority
Constitution
of Secretariat
and definition
of its
functions

92 No. 16 of 2005] Ionising Radiation Protection
(a) determine the extent of exposure to ionising radiation of
the public and of workers and, subject to the provisions
of this Act, determine the degree of risk or disability
attached to such exposure;
(b) be responsible for examining, as may be considered
necessary by the Executive Director, all premises in
respect of which a licence to use radiation is in force and
all places of disposal for radioactive material and wastes;
(c) advise the Board of the extent of radiation exposure to
persons in Zambia; and
(d) advise and recommend to licence holders steps desirable
to reduce exposure to acceptable limits.

t of radiation exposure to
persons in Zambia; and
(d) advise and recommend to licence holders steps desirable
to reduce exposure to acceptable limits.

(3) The Secretariat shall maintain a personnel radiation dosimetry
service —
(a) to provide personal radiation measuring devices to be worn
by an individual likely to be exposed to radiation;
(b) to provide a reporting service by means of which it will
maintain adequate records of personal radiation exposure
measurements and shall render to the licensee and to the
Board reports, at intervals to be determined by the Board,
of the information contained in the records;
(c) in collaboration with the Environmental Council of Zambia,
provide information and warn and protect the public, in
case of actual or potential public exposure to radioactive
material or ionising radiation;
(d) warn individuals who have been or are likely to be subject
to over exposure;
(e) monitor imported and local food stuff to detect any potential
contamination with radioactive material;
(f) prevent and monitor illegal importation of radioactive
material and sources of ionising radiation into Zambia;
(g) conduct assessments of radioactivity in underground mines
and facilities and in by-products of mining activities;
(h) monitor for radioactivity in building and construction
materials;
(i) undertake monitoring activities in any place or facility to
ensure the adequate protection and safety of the public
from sources and materials capable of emitting ionising
radiation; and

ny place or facility to
ensure the adequate protection and safety of the public
from sources and materials capable of emitting ionising
radiation; and

Ionising Radiation Protection [No. 16 of 2005 93
(j) perform such other functions as may be assigned to it by
the Board. (4) The personal radiation dosimetry service referred to in
subsection (3) may, subject to the approval of the Board, at the
direction of the Executive Director, be provided without charge or
for such fee as may be prescribed if the Board so determines on the
request of a licensee, and its use may be included as a necessary
condition of a particular licence. 19. (1) The Board shall, with the approval of the Minister,
appoint an Executive Director who shall be the chief executive
officer of the Authority and the Secretariat and who shall, subject
to the control and direction of the Board, be responsible for the
implementation of the decisions of the Board and the day to day
administration of the Authority. (2) The Board shall, with the approval of the Minister, determine
the terms and conditions of service of the Executive Director. (3) The Executive Director shall be appointed for a term of four
years and shall be eligible for re-appointment.

of service of the Executive Director. (3) The Executive Director shall be appointed for a term of four
years and shall be eligible for re-appointment.

(4) The Executive Director shall attend meetings of the Board
and may attend meetings of any committee of the Board and may
address the meetings, but shall have no vote. 20. (1) The Executive Director shall be the Secretary to the
Board. (2) The Board may appoint such other staff of the Authority as it
considers necessary for the performance of its functions under this
Act. (3) The Board shall, with the approval of the Minister, determine
the terms and conditions of service of the staff of the Authority. PART IV
LICENCES
21. (1) Any person who intends to import, process, mine, export,
possess, transport, use, dispose of, or undertake any other activity
relating to, radioactive material or any other source of harmful
ionising radiation shall apply to the Board, in the prescribed form,
for an appropriate licence. (2) The Board shall, within sixty days of receipt of an application
for a licence under subsection (1), issue a licence, subject to any
condition specified under subsection (3), if the application is in
accordance with the provisions of this Act. Executive
Director
Secretary
and other
staff
Application
for
licence

section (3), if the application is in
accordance with the provisions of this Act. Executive
Director
Secretary
and other
staff
Application
for
licence

94 No.

94 No.

16 of 2005] Ionising Radiation Protection
(3) A licence issued under this section—
(a) shall be in the prescribed form;
(b) shall be accompanied by a prescribed fee;
(c) shall be issued by the Board to a person as owner or as the
appropriate responsible officer of an institution,
partnership, cooperation or Government body;
(d) may contain such conditions as the Board may consider
necessary to impose for the safe conduct of the proposed
operations, process or facility and for the safe disposal
of all radioactive wastes and radioactive material
resulting from the proposed operation, process or facility;
(e) shall specify the process of operation or facility;
(f) shall authorise the purchase or acquisition by other means,
the importation, production, possession, transportation,
storage, use and disposal as required, by specified
quantities and kinds of radioactive material or other
source of harmful ionising radiation required for the
operation, process or facility specified;
(g) may cover the separate acquisition or importation of diverse
or repeated lots of radioactive material if they are all
listed on the licence and are to be used solely in the
licenced process, operation or facility.

repeated lots of radioactive material if they are all
listed on the licence and are to be used solely in the
licenced process, operation or facility.

(4) The conditions referred to in paragraph (d) of subsection (3)
may be specific or take the form of general requirements to meet
prescribed standards or codes of practice published pursuant to
this Act, or standards or codes of practice published by
internationally recognised bodies including the International
Commission on Radiological Protection and the International Atomic
Energy Agency or any combination of such conditions. Refusal to 22. (1) The Board may refuse to issue a licence under this Part
issue licence if—
(a) the applicant fails to comply with any prescribed condition
precedent to the issue of such licence;
(b) any licence formerly issued to the applicant under this Act
has been revoked by the Board; or
(c) the applicant has been convicted of an offence under this
Act. (2) Where the Board refuses to issue a licence under subsection
(I), it shall, within sixty days from the receipt of the application,
notify the applicant in writing of the refusal to issue the licence to
the applicant and shall state the reasons for the refusal.

of the application,
notify the applicant in writing of the refusal to issue the licence to
the applicant and shall state the reasons for the refusal.

Ionising Radiation Protection [No. 16 of 2005 95
23. (1) Any person aggrieved by any refusal of the Board to
issue a licence to that person may appeal to the Minister not later
than thirty days after the notification of such refusal. (2) Where an appeal is made under subsection (1), the Minister
5 may give such directions to the Board as the
Minister considers necessary to enable the Minister to determine
the appeal. (3) The Minister in determining the appeal may direct the Board
to issue the licence to the applicant or uphold the decision of the
10 Board and notify the appellant accordingly. (4) Any person who is aggrieved by the decision of the Minister
to uphold the Board's decision under subsection (3) may appeal to
the High Court within thirty days of the receipt of the notification
of the Minister's decision. 15 24. A licence issued under this Act may, by notice in writing to
the applicant, be amended by the Board if the Board considers the
amendment necessary for the protection and safety of the public,
the workers or the environment. 25. (1) A licence shall not be transferred to a third party, directly
20 or indirectly, without the prior approval of the Board.

s or the environment. 25. (1) A licence shall not be transferred to a third party, directly
20 or indirectly, without the prior approval of the Board.

(2) Every application for approval to transfer a licence shall be
made to the Board and the Board may, within thirty days of the
receipt of the application, approve or disapprove the application in
accordance with this Act. 25 26. (1) The licensee shall ensure that any operation, condition
of storage, transport, disposal or other practice shall not result
directly or indirectly in exposure to ionising radiation in such an
amount as is likely to cause harmful effects to the public, the
employees, other workers or the environment, or to any property. 30 (2) Any owner or user of radioactive material or source of harmful
ionising radiation for which the person holds no valid licence shall
be answerable for any harmful effects arising from the possession,
storage, transport, use or disposal of such radioactive material or
source of harmful ionising radiation, and such answerability shall
35 continue with regard to any such material after it has been seized,
impounded, stored or disposed off by the Executive Director or
any radiation safety officer.

ith regard to any such material after it has been seized,
impounded, stored or disposed off by the Executive Director or
any radiation safety officer.

(3) The radiation safety requirements prescribed by this Act—
(a) do not extend to patients undergoing medical treatment by
40 exposure to radiation by or under the supervision of a
medical practitioner if such treatment is in accordance
with an approved code of practice established by the
relevant medical professional bodies;
Appeal
against
refusal to
issue
licence
Amendment
of licence
Transfer of
licence
Responsibility
of
licensee

the
relevant medical professional bodies;
Appeal
against
refusal to
issue
licence
Amendment
of licence
Transfer of
licence
Responsibility
of
licensee

96 No. 16 of 2005] Ionising Radiation Protection
Dicom-
missioning
of
radioactive
device
Enforcement
notices
(b) do apply to the safety of medical and technical staff working
with the radioactive material or source of harmful
ionising radiation and to the protection of all other
persons, other than the patient undergoing treatment. (4) Every licensee shall appoint a competent person as radiation
protection officer, who shall liaise with the Secretariat to ensure
compliance with the Act.

ry licensee shall appoint a competent person as radiation
protection officer, who shall liaise with the Secretariat to ensure
compliance with the Act.

(5) Whenever a physical or mental disability appears—
(a) in a person which medical opinion competent in the field
of biological effects ascribed to ionising radiation
exposure, it shall be presumed that the disability arose
due to radiation exposure;
(b) that could have arisen either from radiation or from other
causes in the course of duty, the following criteria shall
be applied to discern the cause of such disability, namely:
(i) if a disability of a nature known to be caused either
by ionising radiation or that can arise from other
possible causes appears in a person for whom a
personal radiation exposure record exists,
i n d i c a t i n g that e x p o s u r e in e x c e s s of
recommended dose limits have occurred in a
person as a result of such radiation exposure;
(ii) if a disability of a nature known to be caused either
by ionising radiation or that can arise from other
possible causes appears in a person for whom a
personal exposure record has been maintained
to a standard approved by the Board, it shall be
presumed that such disability occurred as a result
of such radiation exposure. 27.

as been maintained
to a standard approved by the Board, it shall be
presumed that such disability occurred as a result
of such radiation exposure. 27.

Where a licensee intends to decommission an ionising
radiation device the licensee shall, at least six months before
decommissioning the device, inform the Executive Director of the
impending decommissioning, and seek the Board's approval
concerning how the device will be stored in the interim period pending
its final disposal. 28. (1) Where the Board is satisfied that a licensee is
contravening or is likely to contravene any provision of this Act, or
a directive issued by the Board in the performance of the Authority's
functions under this Act or any other condition of the licence, the
Board shall serve an enforcement notice on that licensee.

mance of the Authority's
functions under this Act or any other condition of the licence, the
Board shall serve an enforcement notice on that licensee.

Ionising Radiation Protection [No. 16 of 2002 97
(2) An enforcement notice issued under subsection (1) shall—
(a) state the contravention or the likely contravention of the
Act, directive or any other condition of the licence and
the matters constituting the contravention or making it
likely that the contravention will arise;
(b) specify the steps that have to be taken to remedy the
contravention or avoid the contravention, as the case may
be;
(c) specify the effective date of the notice and the time limit
within which the steps described under paragraph (b)
must be taken. (3) The Board, if it considers it necessary for the safety of the
public or the workers —
(a) may require the suspension of the work with the radioactive
material or other source of harmful ionising radiation
and its storage in a safe place or under conditions
preventing exposure of the public or workers to
potentially harmful radiation; and
(b) shall require the licensee to take such measures as are
needed to abate the adverse effects, if any, of the failure
to comply with the conditions of the licence. 29.

he licensee to take such measures as are
needed to abate the adverse effects, if any, of the failure
to comply with the conditions of the licence. 29.

(1) Subject to the other provisions of this Act, the Board
may suspend or cancel any licence if the licensee—
(a) obtained the licence by fraud or deliberate or negligent
submission of false information;
(b) transfers or otherwise assigns a licence without the prior
approval of the Board;
(c) fails to comply with the conditions of the licence or
contravenes any of the provisions of this Act or any
regulations made under it; or
(d) fails, without reasonable cause, to comply with the terms
and conditions of an enforcement notice issued under
section twenty-eight. (2) The Board shall, before suspending or cancelling a licence
under subsection (1), give notice in writing to the licensee of its
intention to suspend or cancel the licence and specify the grounds
for the impending suspension or cancellation and require the licensee
to show cause, within a period of thirty days, why the licence should
not be suspended or cancelled. Suspension
or
cancellation
of licence

he licensee
to show cause, within a period of thirty days, why the licence should
not be suspended or cancelled. Suspension
or
cancellation
of licence

98 No. 16 of 2005) Ionising Radiation Protection
(3) The Board shall not suspend or cancel a licence under this
section if the licensee takes remedial measures to the satisfaction
of the Board, within the period specified in subsection (2). (4) If the licensee who is notified under subsection (2), fails to
show cause, or does not take remedial measures, to the satisfaction
of the Board, within the period specified in that subsection, the
Board may suspend or cancel the licence. (5) Any person aggrieved by any decision of the Board to suspend
or cancel a licence may appeal to the Minister not later than thirty
days after the notification of such suspension or cancellation. (6) Where an appeal is made under subsection (5), the Minister
may give such directions to the Board as theMinister considers
necessary to enable the Minister to determine the appeal. (7) The Minister in determining the appeal may confirm, vary or
set aside the decision of the Board and shall notify the appellant
accordingly.

ppeal. (7) The Minister in determining the appeal may confirm, vary or
set aside the decision of the Board and shall notify the appellant
accordingly.

(8) Any person who is aggrieved by the decision of the Minister
to confirm the Board's decision under subsection (7) may appeal to
the High Court within thirty days of the receipt of the notification
of the Minister's decision. (9) Where a licence is suspended by the Board under this section
the licensee shall take such steps as the Board may direct to ensure
that no radiation hazards occur during the period of suspension. (10) Any person who continues to permit the use of radioactive
material or other source of harmful radiation while the licence is
suspended commits an offence and shall be liable, on conviction, to
a fine not exceeding fifty thousand penalty units or imprisonment
for a term not exceeding three years, or to both. PART V
FINANCIAL PROVISIONS
Funds of 30. (1) The funds of the Authority shall consist of such money
Authority as may—
(a) be appropriated by Parliament for the purposes of
Authority;
(b) be paid to the Authority by way of loans, grants or
donations; and
(c) vest in or accrue to the Authority. (2) The Authority may—
(a) accept moneys by way of grants or donations from any
source in Zambia; and

ons; and
(c) vest in or accrue to the Authority. (2) The Authority may—
(a) accept moneys by way of grants or donations from any
source in Zambia; and

Ionising Radiation Protection [No. 16 of 2005 99
I n v e s t m e n t
of funds
(b) subject to the approval of the Minister, raise by way of
loans or otherwise, such moneys as it may require for
the discharge of its functions. (3) There shall be paid from the funds of the Authority—
(a) the salaries, allowances, loans, gratuities and pensions of
staff of the Authority and other payments for the
recruitment and retention of staff;
(b) such reasonable travelling and subsistance allowances
for members or members ofany committee of the Board
when engaged on the business of the Authority at such
rates as the Board may, with the approval of the Minister,
determine; and
(c) any other expenses incurred by the Board in the
performance of its functions. 31. The Board may invest in such manner as it considers
necessary any of the funds of the Authority which the Board does
not immediately require for the performance of the Authority's
functions. 32. The financial year of the Authority shall be the period of Financial
twelve months ending on 3 1 s l
December in each year. v e a r
33. (1) The Board shall cause to be kept proper books of Accounts
accounts and other records relating to its accounts.

December in each year. v e a r
33. (1) The Board shall cause to be kept proper books of Accounts
accounts and other records relating to its accounts.

(2) The accounts of the Authority shall be audited annually by
independent auditors appointed by the Board. (3) The Auditor's fees shall be paid by the Authority. 34. (1) As soon as is practicable, but not later than ninety days Annual
after the end of the financial year, the Board shall submit to the report
Minister a report concerning its activities during such financial
year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Authority and there shall
be appended to the report—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require. (4) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subsection (1), lay it before the National Assembly.

after the first
sitting of the National Assembly next after receipt of the report
referred to in subsection (1), lay it before the National Assembly.

100 No. 16 of 2005] Ionising Radiation Protection
PART VI
Radiation
safety
officers
Powers of
radiation
safety
officers
INSPECTIONS
35. (1) In order to ensure compliance with the provisions of
this Act, the Board shall appoint radiation safety officers to monitor,
inspect and enforce the provisions of this Act and the regulations
made under it. (2) The Executive Director shall issue an identity card to each
radiation safety officer which shall be prima facie evidence of the
radiation safety officer's appointment as such. (3) Any radiation safety officer carrying out any function under
this Act shall on demand by any person affected by the radiation
safety officer's exercise of powers, produce for inspection the
certificate referred to in subsection (2). (4) Each radiation safety officer shall be under the direction of
the Executive Director and shall perform such duties as may be
specified in the radiation safety officer's letter of appointment. 36.

the direction of
the Executive Director and shall perform such duties as may be
specified in the radiation safety officer's letter of appointment. 36.

(1) A radiation safety officer shall, for purposes of
enforcing the provisions of this Act, have power -
(a) at all reasonable times to enter, inspect and examine any
premises or any part of such premises, vehicle, vessel,
boat, aircraft or any carriage of any description in or
upon which the officer has reasonable cause to believe
that radioactive material or any source of harmful
ionising radiation is stored, used transported or disposed
of but no entry shall be made on a private dwelling house
except under the authority of a court warrant;
(b) to require the production of any licence authorising the
use of radioactive material or sources of harmful
radiation and any register, certificate, notice or document
kept under the provisions of this Act and to inspect,
examine or take a copy of such register, certificate, notice
or document;
(c) to take samples of radioactive material and make such
examinations and inquiries as may be necessary to
ascertain whether the provisions of this Act are being
complied with;
(d) to examine, either alone or in the presence of any other
person as the officer thinks fit, any person with respect
to matters under this Act or to require such person to be
examined:
Provided that no person shall be compelled to answer any
questions or give evidence tending to incriminate that
person;

re such person to be
examined:
Provided that no person shall be compelled to answer any
questions or give evidence tending to incriminate that
person;

Ionising Radiation Protection [No. 16 of 2002 97
(2) An enforcement notice issued under subsection (1) shall—
(a) state the contravention or the likely contravention of the
Act, directive or any other condition of the licence and
the matters constituting the contravention or making it
likely that the contravention will arise;
(b) specify the steps that have to be taken to remedy the
contravention or avoid the contravention, as the case may
be;
(c) specify the effective date of the notice and the time limit
within which the steps described under paragraph (b)
must be taken. (3) The Board, if it considers it necessary for the safety of the
public or the workers —
(a) may require the suspension of the work with the radioactive
material or other source of harmful ionising radiation
and its storage in a safe place or under conditions
preventing exposure of the public or workers to
potentially harmful radiation; and
(b) shall require the licensee to take such measures as are
needed to abate the adverse effects, if any, of the failure
to comply with the conditions of the licence. 29.

he licensee to take such measures as are
needed to abate the adverse effects, if any, of the failure
to comply with the conditions of the licence. 29.

(1) Subject to the other provisions of this Act, the Board
may suspend or cancel any licence if the licensee—
(a) obtained the licence by fraud or deliberate or negligent
submission of false information;
(b) transfers or otherwise assigns a licence without the prior
approval of the Board;
(c) fails to comply with the conditions of the licence or
contravenes any of the provisions of this Act or any
regulations made under it; or
(d) fails, without reasonable cause, to comply with the terms
and conditions of an enforcement notice issued under
section twenty-eight. (2) The Board shall, before suspending or cancelling a licence
under subsection (1), give notice in writing to the licensee of its
intention to suspend or cancel the licence and specify the grounds
for the impending suspension or cancellation and require the licensee
to show cause, within a period of thirty days, why the licence should
not be suspended or cancelled. Suspension
or
cancellation
of licence

he licensee
to show cause, within a period of thirty days, why the licence should
not be suspended or cancelled. Suspension
or
cancellation
of licence

98 No. 16 of 2005] Ionising Radiation Protection
(3) The Board shall not suspend or cancel a licence under this
section if the licensee takes remedial measures to the satisfaction
of the Board, within the period specified in subsection (2). (4) If the licensee who is notified under subsection (2), fails to
show cause, or does not take remedial measures, to the satisfaction
of the Board, within the period specified in that subsection, the
Board may suspend or cancel the licence. (5) Any person aggrieved by any decision of the Board to suspend
or cancel a licence may appeal to the Minister not later than thirty
days after the notification of such suspension or cancellation. (6) Where an appeal is made under subsection (5), the Minister
may give such directions to the Board as theMinister considers
necessary to enable the Minister to determine the appeal. (7) The Minister in determining the appeal may confirm, vary or
set aside the decision of the Board and shall notify the appellant
accordingly.

ppeal. (7) The Minister in determining the appeal may confirm, vary or
set aside the decision of the Board and shall notify the appellant
accordingly.

(8) Any person who is aggrieved by the decision of the Minister
to confirm the Board's decision under subsection (7) may appeal to
the High Court within thirty days of the receipt of the notification
of the Minister's decision. (9) Where a licence is suspended by the Board under this section
the licensee shall take such steps as the Board may direct to ensure
that no radiation hazards occur during the period of suspension. (10) Any person who continues to permit the use of radioactive
material or other source of harmful radiation while the licence is
suspended commits an offence and shall be liable, on conviction, to
a fine not exceeding fifty thousand penalty units or imprisonment
for a term not exceeding three years, or to both. PARTV
FINANCIAL PROVISIONS
Funds of 30. (1) The funds of the Authority shall consist of such money
Authority as m a y -
fa) be appropriated by Parliament for the purposes of
Authority;
(b) be paid to the Authority by way of loans, grants or
donations; and
(c) vest in or accrue to the Authority. (2) The Authority may—
(a) accept moneys by way of grants or donations from any
source in Zambia; and

ons; and
(c) vest in or accrue to the Authority. (2) The Authority may—
(a) accept moneys by way of grants or donations from any
source in Zambia; and

Ionising Radiation Protection [No. 16 of 2005 99
(b) subject to the approval of the Minister, raise by way of
loans or otherwise, such moneys as it may require for
the discharge of its functions. (3) There shall be paid from the funds of the Authority—
(a) the salaries, allowances, loans, gratuities and pensions of
staff of the Authority and other payments for the
recruitment and retention of staff;
(b) such reasonable travelling and subsistance allowances
for members or members ofany committee of the Board
when engaged on the business of the Authority at such
rates as the Board may, with the approval of the Minister,
determine; and
(c) any other expenses incurred by the Board in the
performance of its functions. 31. The Board may invest in such manner as it considers
necessary any of the funds of the Authority which the Board does
not immediately require for the performance of the Authority's
functions. 32. The financial year of the Authority shall be the period of
twelve months ending on 315 1
December in each year. 33. (1) The Board shall cause to be kept proper books of
accounts and other records relating to its accounts.

s ending on 315 1
December in each year. 33. (1) The Board shall cause to be kept proper books of
accounts and other records relating to its accounts.

(2) The accounts of the Authority shall be audited annually by
independent auditors appointed by the Board. (3) The Auditor's fees shall be paid by the Authority. 34. (1) As soon as is practicable, but not later than ninety days
after the end of the financial year, the Board shall submit to the
Minister a report concerning its activities during such financial
year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Authority and there shall
be appended to the report—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require. (4) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subsection (1), lay it before the National Assembly. I n v e s t m e n t
of funds
Financial
year
Accounts
Annual
report

t of the report
referred to in subsection (1), lay it before the National Assembly. I n v e s t m e n t
of funds
Financial
year
Accounts
Annual
report

100 No. 16 of 2005] Ionising Radiation Protection
PART VI
Radiation
safety
officers
Powers of
radiation
safety
officers
INSPECTIONS
35. (1) In order to ensure compliance with the provisions of
this Act, the Board shall appoint radiation safety officers to monitor,
inspect and enforce the provisions of this Act and the regulations
made under it. (2) The Executive Director shall issue an identity card to each
radiation safety officer which shall be prima facie evidence of the
radiation safety officer's appointment as such. (3) Any radiation safety officer carrying out any function under
this Act shall on demand by any person affected by the radiation
safety officer's exercise of powers, produce for inspection the
certificate referred to in subsection (2). (4) Each radiation safety officer shall be under the direction of
the Executive Director and shall perform such duties as may be
specified in the radiation safety officer's letter of appointment. 36.

the direction of
the Executive Director and shall perform such duties as may be
specified in the radiation safety officer's letter of appointment. 36.

(1) A radiation safety officer shall, for purposes of
enforcing the provisions of this Act, have power -
(a) at all reasonable times to enter, inspect and examine any
premises or any part of such premises, vehicle, vessel,
boat, aircraft or any carriage of any description in or
upon which the officer has reasonable cause to believe
that radioactive material or any source of harmful
ionising radiation is stored, used transported or disposed
of but no entry shall be made on a private dwelling house
except under the authority of a court warrant;
(b) to require the production of any licence authorising the
use of radioactive material or sources of harmful
radiation and any register, certificate, notice or document
kept under the provisions of this Act and to inspect,
examine or take a copy of such register, certificate, notice
or document;
(c) to take samples of radioactive material and make such
examinations and inquiries as may be necessary to
ascertain whether the provisions of this Act are being
complied with;
(d) to examine, either alone or in the presence of any other
person as the officer thinks fit, any person with respect
to matters under this Act or to require such person to be
examined:
Provided that no person shall be compelled to answer any
questions or give evidence tending to incriminate that
person;

re such person to be
examined:
Provided that no person shall be compelled to answer any
questions or give evidence tending to incriminate that
person;

Ionising Radiation Protection [No. 16 of 2005 101
(e) to require the medical examination of, or if the radiation
safety officer is a medical practitioner to carry out such
medical examinations of, any person whom the officer
has reasonable cause to believe is contaminated with or
has been exposed to radioactive material or is unlawfully
in possession of ar.y source of harmful ionising radiation;
(f) to seize any radioactive material or ionising radiation source
which the officer has reasonable ground to believe the
person in whose possession it is has no authorisation;
and
(g) to exercise such other powers as are necessary for carrying
the provisions of this Act into effect. (2) The owner of any radioactive material or any source of
harmful ionising radiation, the agent, employee or servant of such
owner shall furnish the means required by the radiation safety officer
as may be necessary for entry, inspection, examination, inquiry, the
taking of samples or otherwise for the exercise of the officer's powers
under this Act.

be necessary for entry, inspection, examination, inquiry, the
taking of samples or otherwise for the exercise of the officer's powers
under this Act.

(3) Any person who obstructs a radiation safety officer in the
exercise of that officer's duty under this Act commits an offence
and shall be liable upon conviction to a fine not exceeding fifty
thousand penalty units or to imprisonment for a term not exceeding
three years or to both. (4) A radiation safety officer shall treat as confidential the source
of any complaint bringing to the officer's notice any contravention
of the provisions of this Act and shall not give information to the
owner or the representative of the owner that a visit of inspection
was made in consequence of such complaint. (5) A radiation safety officer who contravenes subsection (3)
commits an offence and shall be liable on conviction to imprisonment
for a term of not less than five years but not exceeding fifteen years. 37. Each radiation safety officer shall furnish the Board with
such reports and other information relating to an inspection as the
Board may direct. PART VI
GENERAL PROVISIONS
38.

icer shall furnish the Board with
such reports and other information relating to an inspection as the
Board may direct. PART VI
GENERAL PROVISIONS
38.

(1) A person who imports, processes, mines, exports,
possesses, transports, uses or disposes of radioactive material or
other source of harmful ionising radiation without a licence issued
under this Act commits an offence and shall be liable, on conviction,
to imprisonment for a term of not less than fifteen years but not
exceeding twenty-five years. Duty of
radiation
safety
officer to
report to
Board
Offences and
penalties

a term of not less than fifteen years but not
exceeding twenty-five years. Duty of
radiation
safety
officer to
report to
Board
Offences and
penalties

102 No. 16 of 2005] Ionising Radiation Protection
Prohibition
of disclosure
of
information
by employee
References
to Radiation
Protection
Board and
Chief
Radiation
Officer
Dissolution
of Radiation
protection
Board
Cap. 311
Vesting of
assets of
Radiation
Protection
Board
(2) In addition to the penalties provided in subsection (1), the
radioactive material or other source of harmful ionising radiation
shall be liable on the order of the court, to seizure, impoundment,
sealing, seizure of operation, destruction or disposal in such manner
as the court may consider necessary to protect the public and the
environment and may only be returned to the original owner on the
order of the court and under such conditions set out in the licence
issued under this Act.

nment and may only be returned to the original owner on the
order of the court and under such conditions set out in the licence
issued under this Act.

(3) Any act or omission, which if done by an individual shall be
an offence under this Act or any regulations made under it, shall, if
done by a body corporate, be deemed an offence committed by every
director, secretary or manager, unless the director, secretary or
manager proves that the offence was committed without their consent
or connivance and that the director, secretary or manager exercised
all such diligence to prevent the commission of the offence as the
director, secretary or manager ought to have exercised, having regard
to the nature of the director, secretary or manager's functions and
all the circumstances of the case. 39.

ager ought to have exercised, having regard
to the nature of the director, secretary or manager's functions and
all the circumstances of the case. 39.

Every person employed by the Authority shall treat as
confidential any information of a type normally considered subject
to professional, commercial, trade or industrial secrecy, the
revelation of which is not necessary for the implementation of this
Act, and any person who discloses such information to any other
person in contravention of this section, whether such person has
ceased to be employed by the Authority commits an offence and
shall be liable on conviction to imprisonment for a term of not less
than five years but not exceeding fifteen years. 40. (1) On the appointed date, reference in any written law or
any other legal document to the Radiation Protection Board shall
be read and construed as references to the Radiation Protection
Authority established by section five of this Act. (2) On or after the appointed date, any reference in any written
law or any other legal document to the Chief Radiation Officer
shall be read and construed as references to the Executive Director
appointed under section sixteen of this Act. 41.

nt to the Chief Radiation Officer
shall be read and construed as references to the Executive Director
appointed under section sixteen of this Act. 41.

The Radiation Protection Board constituted pursuant to
section five of the Ionising Radiation Act shall, pending the
appointment of the Board under this Act, continue in office for a
period of three months from the appointed date. 42. (1) On or after the appointed date, there shall be transferred
to, and vest in, or subsist against, the Authority by virtue of this Act
and without further assurance—

the appointed date, there shall be transferred
to, and vest in, or subsist against, the Authority by virtue of this Act
and without further assurance—

Ionising Radiation Protection [No. 16 of 2005 103
(a) the affairs of the Radiation Protection Board; and
(b) subject to this Act, all property, rights and obligations
which immediately before the appointed date were the
property, rights and obligations of the Radiation
Protection Board.

perty, rights and obligations
which immediately before the appointed date were the
property, rights and obligations of the Radiation
Protection Board.

(2) Except as provided in this Act, every deed, bond and agreement
(other than an agreement for personal service) to which the
Government was a party immediately before the commencement of
this Act in respect of the Radiation Protection Board, whether in
writing or not, and whether or not of such a nature that rights,
liabilities and obligations thereunder could be assigned, shall, unless
its subject-matter or terms make it impossible that it should have
effect as modified in the manner provided by this subsection, have
effect as from the date of the assignment thereof, as if -
(a) the Authority had been a party thereto;
(b) for any reference to the Government there were substituted,
as respects anything falling to be done on or after the
appointed date, a reference to the Authority; and
(c ) for any reference to any employee of the Radiation
Protection Board not being a party thereto and
beneficially interested therein there were substituted, as
respects anything falling to be done on or after
commencement of this Act, or reference to such employee
of the Authority as the Authority shall designate.

cts anything falling to be done on or after
commencement of this Act, or reference to such employee
of the Authority as the Authority shall designate.

(3) Subject to the provisions of subsection (2), documents, other
than those referred to therein, which refer specifically or generally
to the Radiation Protection Board shall be construed in accordance
with subsection (2) as far as applicable. 43. (1) Whenever in pursuance of this Act, any property, rights,
liabilities and obligations of the Government through the Radiation
Protection Board are deemed transferred to the Authority in respect
of which transfer a written law provides for registration, the
Authority shall make an application in writing to the appropriate
authority for registration of the transfer. (2) The registration authority referred to in sub-paragraph (1)
shall make such entries in the appropriate register as shall give
effect to such transfer and, where applicable, issue the transferee
concerned with a certificate of title in respect of the property or
make necessary amendments to the register, as the case may be,
and shall make endorsement on the deeds relating to the title, right
or obligation concerned; and no registration fees, stamp duty or
other duties shall be payable in respect thereof. Registration
of
roperty to
e
transferred
Government

ncerned; and no registration fees, stamp duty or
other duties shall be payable in respect thereof. Registration
of
roperty to
e
transferred
Government

104 No. 16 of 2005] Ionising Radiation Protection
Legal
proceedings
Staff of
Radiation
P r o t e c t i o n
Board
Act No. 35
of 1996
Act No. 35
of 1996
Regulations
44. (1) Without prejudice to the other provisions of this Act,
where any right, liability or obligations vest in the Authority by
virtue of this Act, the Authority and all other persons shal 1, as from
the commencement of this Act, have the same right, powers and
remedies (and in particular the same rights as to the instituting or
defending of legal proceedings or the making or resisting of
applications to any authority) for ascertaining, perfecting that right,
liability or obligation as they would have had if it had at all times
been a right, liability or obligation of the Authority. (2) Any legal proceedings or application of any authority pending
immediately before the commencement of this Act by or against the
Government in respect of the Radiation Protection Board may be
continued by or against the Authority.

e the commencement of this Act by or against the
Government in respect of the Radiation Protection Board may be
continued by or against the Authority.

(3) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Government in respect of the Radiation
Protection Board may be instituted by or against the Authority. 45. (1) On or after the appointed date, the Board shall on such
terms and conditions as it may, with the approval of the Minister,
determine appoint as officers of the Authority such number of public
officers from the Radiation Protection Board as may be necessary
for the performance of the functions of the Authority. (2) Where an employee of the Radiation Protection Board is
appointed to the service of the Authority—
(a) the terms and conditions of service with the Authority shall
not be less favourable than those the officer enjoyed in
the Public Service; and
(b) the employee shall be deemed to have retired under section
thirty-nine of the Public Service Pensions Act.

icer enjoyed in
the Public Service; and
(b) the employee shall be deemed to have retired under section
thirty-nine of the Public Service Pensions Act.

(3) On or after the appointed date employees of the Radiation
Protection Board who are not engaged by the Authority under
subsection (2) shall be retained by the Government and shall—
(a) be redeployed in the service of the Government; or
(b) be retired under section thirty-nine of the Public Service
Pensions Act. 46. (1) The Minister may, on the recommendation of the Board,
by statutory instrument, make regulations for the better carrying
out of the provisions of this Act. (2) In particular and without prejudice to the generality of
subsection (1), the regulations made under this section may—

the provisions of this Act. (2) In particular and without prejudice to the generality of
subsection (1), the regulations made under this section may—

Ionising Radiation Protection [No. 16 of 2005 105
(a) prescribe the application and licence forms to be used
under this Act;
^ limit the use of radioactive material or equipment producing
harmful ionising radiation for any specified purpose,
including use for medical or dental purposes;
(c) prescribe fees for services rendered by the Authority; and
(d) prescribe anything required to be prescribed under this
Act.
47. Section seventy-four of the Environmental Protection and
Pollution Control Act is hereby repealed.
48. (1) The Ionising Radiation Act, 1972 is hereby repealed.
(2) Notwithstanding subsection (1), any licence or authorisation
given by the former Board shall unless earlier revoked or suspended
continue to be valid as though issued under this Act.
Repeal of
section 74 of
Environmental
Protection
and
Pollution
Control Act
Cap. 204
Repeal of
Ionising
Radiation
Act and
savings
Cap. 311

106