Short title:
Date of promulgation:
Date of commencement:
Download Original File:
ACTS SUPPLEMENT No. 12 |
5th December, 2008. |
ACTS SUPPLEMENT
to The Uganda Gazette No. 61 Volume Cl dated 5th December, 2008. |
Act 24 |
Atomic Energy Act |
2008 |
THE ATOMIC ENERGY ACT, 2008 |
Section. |
ARRANGEMENT OF SECTIONS Part I—Preliminary |
|
Part II—Atomic Energy Council |
Part III—Secretariat And Staff of Council
|
1 |
Act 24 Section. |
24. 25. 26. 27. 28. 29. 30. 31. |
32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. |
52. 53. |
Atomic Energy Act Funds of Council. Borrowing powers. Power to open and operate bank accounts. Investment of surplus funds. Estimates. Financial year of Council. Accounts. Audit. Part V—Authorisations No practice without authorisation. Exempted practices. Notification of Council. Application for authorisation. Radiation Safety Officer. Grounds for grant or rejection of application. Conditions of authorisation. Duration of authorisation. Transferability of authorisation. Renewal of authorisation.
Power of Council to review, amend or vary authorisation.
Action for contravention of condition by authorised person. Revocation of authorisation. Obligations of authorised persons. Notice of intended termination. Register of authorisations. Notice of accident. Registration.
Part VI—Promotion And Development Promotion and development of nuclear energy. Establishment and functions of Nuclear Energy Unit |
2008 |
2 |
Act 24 |
Atomic Energy Act |
2008 |
Section. Part VII—Safety And Security of Radioactive Sources
Part VIII—Emergency Preparedness And Response
Part IX—Offences And Penalties
Part X—Miscellaneous
SCHEDULES first schedule—currency point SECOND SCHEDULE—MEETINGS OF THE COUNCIL |
3 |
Act 24 |
Atomic Energy Act |
2008 |
THE ATOMIC ENERGY ACT, 2008 An Act to regulate the peaceful applications of ionising radiation; to establish the Atomic Energy Council; to provide for the protection and safety of individuals, society and the environment from the dangers resulting from ionising radiation; to provide for the production and use of radiation sources and the management of radioactive waste; to provide for a framework for the promotion and development of nuclear energy for use in power generation and other peaceful purposes; to provide for compliance with international safety requirements for the use of ionising radiation, radiation protection and security of radioactive sources; to repeal the Atomic Energy Act, Cap. 143; and for other related matters. Date of Assent: 5th November, 2008. Date of Commencement: See section 1. Be it enacted by Parliament as follows: Part I—Preliminary
This Act shall come into force on a date to be appointed by the Minister by statutory instrument, and different days may be appointed for the commencement of different provisions. |
4 |
Act 24 Atomic Energy Act 2008 |
production, processing, handling, use, holding, storage, transport or disposal of natural and artificial radioactive material and devices emitting ionising radiation;
from ionising radiation or a radioactive source;
in the course of which ionising radiation is created or is capable of being created;
exposure to ionising radiation, except those which are excluded from the standards.
“accident” means any unintended event, including operating errors, equipment failures or other mishaps, the consequences or potential consequences of which are not negligible from the point of view of protection or safety; “approved” means approved by the Council; |
5 |
Act 24 |
Atomic Energy Act |
2008 |
“atomic energy” means ionising radiation emitted or energy released as a result of electronic or nuclear transitions in an atom; “authorisation” means permission granted in writing by the Council to a person who has submitted an application to carry out a practice, and may take the form of a certificate of registration, licence or permit granted by the Council under section 37; “authorised person” means a person issued an authorisation under section 37; “certificate of registration” means a certificate issued under section 51; “Council” means the Atomic Energy Council established by section 4; “currency point” means the value assigned to a currency point in the First Schedule; “decommissioning” means the discontinuation through administrative and technical actions, of the use of radiation equipment or installation on a permanent basis with or without dismantling the equipment or installations to allow the removal of some or all regulatory controls and includes decontamination, removal or containment of radioactive materials, waste component and structures; “Defence in Depth” means the application of more than a single protective measure for a given safety objective such that the objective is achieved even if one of the protective measures fails; “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, its burial whether underground or otherwise and “dispose of” shall be construed accordingly; |
6 |
Act 24 |
Atomic Energy Act |
2008 |
“dose” means a measure of the radiation received or absorbed by a target; “dosimetry” means the science of measuring radiation doses; “exclude” means the exclusion from regulation of any exposure whose magnitude or likelihood is essentially unamenable to control through the requirements of the standards; “exempt” means the determination by the Council that a source or practice need not be subject to some or all aspects of regulatory control on the basis that the exposure, including potential exposure due to source or practice, is too small to warrant the application of those aspects or that this is the optimum option for protection irrespective of the actual level of dose or risks; “exposure” means the act or condition of being subject to irradiation and includes external exposure (irradiation by sources outside the body) and internal exposure (irradiation by sources inside the body); “facility” means any assembly of devices, equipment, structures or natural features, whether simple or complex, which serves some purpose or performs some function, in the course of which ionising radiation is created, or is capable of being created; “IAEA” means the International Atomic Energy Agency; “intake” means the process of taking radionuclides into the body by inhalation or ingestion, or through the skin; “intervention” means any action intended to reduce or avert exposure, or the likelihood of exposure to sources which are not part of a controlled practice or which are out of control as a consequence of an accident; |
7 |
Act 24 |
Atomic Energy Act |
2008 |
“ionising radiation” means electromagnetic or corpuscular radiation, consisting of photons or particles capable of producing ions, directly or indirectly, in its passage through matter; “justified”, in relation to a practice, means a practice which produces sufficient benefit to the exposed individuals or to society to offset the radiation harm that it might cause; “limit” means the value of a quantity used in certain specified activities or circumstances that must not be exceeded; “member of the public” means any individual in the population, except when subject to occupational or medical exposure; “Minister” means the Minister responsible for atomic energy and radiation protection; “monitoring” means the measurement of a dose or contamination for purposes related to the assessment or control of exposure to radiation or radioactive substances, and the interpretation of the results; “notification” means a document submitted to the Council by a person, to notify the Council of an intention to carry out a practice; “practice” means any human activity that introduces additional sources of exposure or exposure pathways or extends exposure to additional people or modifies the network of exposure pathways from existing sources, so as to increase the exposure or the likelihood of exposure of people or the number of people exposed; |
8 |
Act 24 |
Atomic Energy Act |
2008 |
“premises” includes any land, whether developed or not, including any place underground and any land covered by water; “prescribed” means prescribed by or under this Act; “protection and safety” means the protection of people against exposure to ionising radiation or radioactive substances and the safety of radiation sources, including the means for achieving such protection and safety; “radiation” means ionising radiation; “Radiation Protection Officer” means a person appointed under section 19; “Radiation Safety Officer” means a person appointed under section 36; “radioactive material” means any matter or substance containing one or more radionuclides, the activity or concentration of which is sufficiently intense to entail a significant risk of disability or disease to any body or organ in exposure, whether external or internal, and whether continuous or total; “radioactive source” means radioactive material that is permanently sealed in a capsule or closely bonded in a solid form; “radioactive waste” means material, whatever its physical form, remaining from practices or interventions and for which no further use is foreseen—
substances and has an activity or activity concentration higher than the exempted levels; and
Standards; |
9 |
Act 24 |
Atomic Energy Act |
2008 |
“radiological damage” means any personal injury, loss of life or any loss of, or damage to, property which arises out of or results from the radioactive properties or combination of radioactive properties with toxic, explosive or other hazardous properties of radioactive material, or other materials; “radiological incident” means an occurrence or series of occurrences, having the same origin, which causes radiological damage in relation to preventive measures and creates a grave and imminent threat of causing such damage; “registered person” means a person registered under section 51 to carry out a practice or to use a source and who has recognised rights and duties for that practice or source, particularly in relation to protection and safety; “registration” means a form of authorisation for practices of low or moderate risks of using ionising radiation under section 51; “regulations” means regulations made under section 73; “risk” means a multi-attribute quantity expressing hazard, danger or chance of harmful or injurious consequences associated with actual or potential exposure and relates to quantities such as the probability that specific deleterious consequences may arise and the magnitude and character of such consequences; “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, including the analysis of the provisions for safety and protection established in the design and operation of the source and the analysis of risks associated with normal conditions and accident situations; |
10 |
Act 24 |
Atomic Energy Act |
2008 |
“Secretary” means the Secretary to the Council appointed under section 16; “security” means measures to prevent unauthorised access to or damage to, and loss theft or unauthorised transfer of radioactive material; “source” means anything that may cause radiation exposure, such as by emitting ionising radiation or releasing radioactive substances or materials; “Standards” means the International Basic Safety Standards for protection against Ionising Radiation and for the Safety of Radiation Sources issued by the IAEA; “substance” means any natural or artificial material, whether in solid or liquid form, or in the form of a gas or vapour; “waste” means substances which constitute scrap material or effluent or other unwanted surplus substance arising from the application of any process, and includes any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt; “worker” means any person who works and who has recognised rights and duties in relation to occupational radiation protection.
course of transportation; or |
11 |
Act 24 |
Atomic Energy Act |
2008 |
(b) in the case of a vessel which is on those premises otherwise than in the course of transportation, the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.
radioactive waste; and
Part II—Atomic Energy Council
property;
|
12 |
Act 24 |
Atomic Energy Act |
2008 |
offence involving dishonesty or fraud by a competent court in Uganda or elsewhere;
arrangement with his or her creditors;
imprisonment of six months or more by a competent court in Uganda or elsewhere; or
government council.
|
13 |
Act 24 |
Atomic Energy Act |
2008 |
from infirmity of body or mind;
Council, or absence from Uganda for more than twelve months without reasonable excuse;
respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; or
have precluded his or her appointment if it had been made available to the Minister, is brought to the attention of the Minister.
a local government council; or
|
14 |
Act 24 |
Atomic Energy Act |
2008 |
Where a member is removed from office under section 6, the Minister shall appoint another person qualified in terms of section 5(2) to replace the member and to hold office for the remainder of the term of the removed member.
The Chairperson and the members of the Council shall be paid such remuneration as shall be specified in their instruments of appointment.
from the application of this Act on the basis of their not being amenable to regulatory control;
possession and use of radiation sources;
conditions, to be imposed on persons who undertake any practice under this Act;
conditions and compliance with this Act and the regulations and other requirements specified in an authorisation; |
15 |
Act 24 |
Atomic Energy Act |
2008 |
this Act and of any regulations or authorisations;
potentially unsafe conditions are detected;
records relating to the safety of facilities and activities of ionising radiation;
requirements for systematic safety reassessment or periodic safety review;
and other related services; (j) to advice other governmental authorities and organisations on matters within the competence of the Council; (k) to assist in emergency responses to radiological incidents and accidents;
(m) to maintain contact for information exchange and cooperation with regulatory bodies of other countries and relevant international organisations; (n) to establish appropriate mechanisms to inform the public about the regulatory process and the radiation safety aspects of regulated practices; (o) to monitor and appraise radiation workers, the public and the environment on the extent of radiation exposure; |
16 |
Act 24 |
Atomic Energy Act |
2008 |
(p) to ensure proper collection and dissemination of information and advice to the public generally, and to authorised persons in particular, regarding measures necessary or desirable to be taken to reduce exposure to prescribed limits; and (q) to perform any other function that is incidental or consequential to its functions under this Act.
The Second Schedule has effect in relation to meetings of the Council and other matters provided for in that Schedule.
concerning the functions of the Council as it may refer to the committee;
Council as the Council may delegate or refer to the committee under section 12.
|
17 |
Act 24 |
Atomic Energy Act |
2008 |
amend or revoke an authorisation or to impose conditions in an authorisation;
requirements in any regulations and authorisations, and to protect the health and safety of workers and the public.
other requirements specified in an authorisation;
emergencies as may be appropriate; |
18 |
Act 24 Atomic Energy Act 2008 |
concern; and
radiation safety aspects of a practice.
The Council shall, subject to the declared policy of the Government and except as is otherwise provided in this Act, be independent in the performance of its functions and duties and exercise of its powers and shall not be subject to the direction or control of any person or authority.
individuals who are occupationally exposed to radiation;
which it will maintain adequate records of all exposure measurements and provide to an authorised person and to the Council reports, at suitable intervals, of the information contained in those records; |
19 |
Act 24 Atomic Energy Act 2008 |
Council by Notice in the Gazette;
authorisation as a condition subject to which the authorisation is granted. Part III—Secretariat And Staff of Council.
of policies of the Council and to implement policies adopted by the Council;
and international organisations, institutions and agencies as may be appropriate for facilitating the implementation of the policies, and the carrying out of the functions of the Council; and
|
20 |
Act 24 Atomic Energy Act 2008 |
Council and reporting on them to the Council;
Council;
by the Council.
made an arrangement with his or her creditors; |
21 |
Atomic Energy Act 2008 |
he or she is convicted of a criminal offence, in uganda or he or she is removed from office by the Council for—
ascertain that the provisions of this Act are being complied with;
whose presence he or she deems necessary, any person, with respect to any matter connected with the enforcement of this Act, or require such person to be so examined; and |
Act 24 (c) (d) |
22 |
Act 24 |
Atomic Energy Act |
2008 |
authorised persons.
or any part of it for purposes of stopping or preventing the contravention, or ascertaining whether in fact a contravention is occurring or has occurred and take appropriate measures; or
located or expected to be located in order to obtain information about the status of radiation safety and verify compliance with regulatory requirements; and
certificate authorising the use, 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 authorised person by this Act.
|
23 |
Act 24 |
Atomic Energy Act |
2008 |
The Council may engage consultants to serve as individual expert advisers or as members of a committee of the Council established under section 11 as may be useful and appropriate for the Council to discharge its responsibilities. Part IV—Finance
Council;
made with the approval of the Minister and the Minister responsible for finance; and
Council under this Act;
liabilities incurred in connection with the performance of its functions or exercise of its powers under this Act; and
under this Act. |
24 |
Act 24 |
Atomic Energy Act |
2008 |
The Council may, with the approval of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Council under this Act.
Any funds of the Council not immediately required for any purpose under this Act may be invested in a manner, which the Council may, after consultation with the Minister and the Minister responsible for finance, determine.
|
25 |
Act 24 |
Atomic Energy Act |
2008 |
The financial year of the Council is the period of twelve months beginning on the first day of July in each year and ending on the 30th day of June in the next calendar year.
application of funds statement; and
Council as the Minister responsible for finance may, in writing, require.
|
26 |
Act 24 |
Atomic Energy Act |
2008 |
prescribed circumstances apply or any condition specified in the order is complied with.
|
27 |
Act 24 |
Atomic Energy Act |
2008 |
source of ionising radiation;
interests and possible mitigation measures; and
impact assessment and a safety assessment of the proposed practice.
inspected at the offices of the Council and at a public office within the jurisdiction of the local council affected by the proposed practice.
|
28 |
Act 24 |
Atomic Energy Act |
2008 |
Council in the prescribed form and shall contain—
construction of installations relating to the practice;
as a radiation safety officer for purposes of the practice;
interests, including the interests of affected landowners and holders of other rights and possible mitigation measures;
impact assessment and a safety assessment of the proposed practice;
|
29 |
Act 24 |
Atomic Energy Act |
2008 |
that person, to be a Radiation Safety Officer in relation to the practice.
to the safety of workers, the public and the environment from radiation; and the security of radiation sources;
enforcement of relevant codes of practice and regulations for the protection of workers, the public and the environment from radiation, and the safety of radiation sources;
implementation of radiation protection measures at the employee’s premises; and
of this Act in relation to the practice in respect of which he or she is appointed.
|
30 |
Act 24 |
Atomic Energy Act |
2008 |
recreational life of the community;
resources;
protect the health and safety of users, workers, beneficiaries and other members of the public who would be affected by the practice; and ensure the security of radiation sources and installations; and
|
31 |
Act 24 |
Atomic Energy Act |
2008 |
the authorisation.
Subject to any other provision of this Act, an authorisation shall remain in force for the period specified in it.
“transfer of authorisation” includes the acquisition of control by the person to whom the authorisation is transferred; and “control” as used with respect to any person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management by that person, whether through the ownership of shares, voting, securities, partnership or other ownership interests, |
32 |
Act 24 |
Atomic Energy Act |
2008 |
agreements or otherwise.
The Council may, at any time after informing the authorised person of the course of action the Council intends to take, and after giving the authorised person a reasonable opportunity to be heard or to give written representations—
authorisation.
|
33 |
Act 24 |
Atomic Energy Act |
2008 |
which the breach relates;
opinion of the Council, constitute a contravention of the condition or requirement;
date of receiving the notice, within which representations or objections may be made by the authorised person or directly affected parties; and
rectify the breach or contravention.
of the public and the environment, and to ensure radiation safety; or
it may direct the authorised person to take immediate action to |
34 |
Act 24 |
Atomic Energy Act |
2008 |
discontinue or refrain from that practice.
authorised person may not be able to fulfil his or her obligations under the authorisation or this Act.
|
35 |
Act 24 |
Atomic Energy Act |
2008 |
the revocation.
|
36 |
Act 24 |
Atomic Energy Act |
2008 |
such particulars as may be prescribed.
accident or incident; and
Part VI—Promotion And Development of Nuclear Energy
Subject to the provisions of this Act relating to the use of ionizing radiation, Government may promote and develop the use of nuclear |
37 |
Act 24 Atomic Energy Act 2008 |
energy for power generation and other peaceful purposes in uganda.
potential role, viability and obligations associated with nuclear energy in the context of energy needs for national socio-economic developments;
acquisition of nuclear power plants for power generation;
of nuclear fuel;
final disposal of nuclear waste from operations of Nuclear Power Plants;
with a view to promoting investment in the industry;
power plants;
nuclear energy for peaceful applications;
the sectors of agriculture, animal health, environment, water resources management, mining, geothermal, human health and any other relevant field; and
Programme (TCP) between the IAEA and the Government |
38 |
Act 24 Atomic Energy Act 2008 |
of Uganda. Part VII—Safety And Security of Radioactive Sources
occur; and
technical and scientific developments;
features; and
and operation of sources.
An authorised person shall make arrangements for the security of |
39 |
Act 24 |
Atomic Energy Act |
2008 |
sources under his or her responsibility by ensuring that—
with all relevant requirements specified in the license and without immediate communication to the Council of information regarding any decontrolled, lost, stolen or missing source;
valid authorisation;
of receipt, transfer and disposal of sources; and
specified in the license to confirm that they are in their assigned locations and are secure.
Part VIII—Emergency Preparedness And Response
|
40 |
Act 24 |
Atomic Energy Act |
2008 |
plan;
controlled, co-ordinated and effective response at the scene and at the local, regional, national and international level, to any nuclear and radiological emergency; and
response action levels and intervention levels.
|
41 |
Act 24 |
Atomic Energy Act |
2008 |
appropriate for the source and its associated risks is prepared and is kept operational.
which could lead to the need for intervention;
or emergencies that could occur;
its consequences on and off the site;
responsibilities for initiating and discharging such actions;
proceeds and determining the need for protective actions;
contacting any relevant intervening organisation and for obtaining assistance from fire-fighting, medical, police and other relevant organisations;
plans and for the plan to be rehearsed at suitable intervals in conjunction with designated authorities;
|
42 |
Act 24 Atomic Energy Act 2008 |
other relevant authorities, and for initiating interventions; and (j) periodic review and updating of the plan.
Every authorised person responsible for radiation sources for which prompt intervention may be required shall ensure that the emergency plan defines on-site responsibilities and takes account of off-site responsibilities of other intervening organisations appropriate for the implementation of the emergency plan.
workers and members of the public; and |
43 |
Act 24 Atomic Energy Act 2008 |
Part IX—Offences And Penalties
notice or other document required of him or her by a radiation protection officer in the performance of his or her functions under this Act;
appearing before or being examined by a radiation protection officer; or
the course of performing his or her functions under this Act, |
44 |
Act 24 |
Atomic Energy Act |
2008 |
commits an offence and is liable, on conviction, to imprisonment not exceeding four years without the option of a fine.
In addition to the penalties prescribed by this section, the radioactive material or any unlicensed device producing uncontrolled ionising radiation is subject to seizure, impounding, sealing, being rendered inoperative, destruction or disposal in a manner which the Secretary |
45 |
Act 24 |
Atomic Energy Act |
2008 |
may consider necessary for the protection of the public and under conditions prescribed in an authorisation.
Any person who commits an offence under this Act for which no specific penalty is provided is liable, on conviction, to a fine not exceeding two hundred currency points or to imprisonment not exceeding four years, or both.
Any authenticated record of measurements of radiation exposure maintained in accordance with 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. Part X—Miscellaneous
The Council shall establish a registry of radiation sources, practices, radioactive materials and radioactive waste.
|
46 |
Act 24 |
Atomic Energy Act |
2008 |
inspection is to be made in consequence of any such complaint or information received.
A member of the Council or an employee of the Council or a person acting on the directions of such a person is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of the functions of the Council.
practices and radiation sources and establishing radiation protection and safety requirements;
low or moderate risk;
|
47 |
Act 24 Atomic Energy Act 2008
authorisations;
producing dangerous ionising radiation for medical or dental purposes;
dosimetry service;
required by section 47(2);
required to be kept by the Council under section 49(1); (j) the management and disposal of radioactive waste; (k) the transportation of radioactive sources;
(m) radiation safety requirements for different practices; and (n) any other matter required to be prescribed under this Act.
The Council may issue directions, guidelines, codes and standards for the better carrying into effect of this Act.
|
48 |
Act 24 |
Atomic Energy Act |
2008 |
so far as it is not inconsistent with this Act, until it is revoked by a statutory instrument made under this Act.
A licence issued under the Atomic Energy Act, repealed by section 75 and which is in force immediately before the commencement of this Act—
granted under this Act; and
period, shall remain in force, subject to this Act, for so much of that period as falls after the commencement of this Act.
Notwithstanding anything in this Act, any person using radioactive material or a source before the commencement of this Act shall submit an application in the prescribed form within three months after the coming into force of this Act, and shall continue to operate until such time as an authorisation is issued or refused under this Act.
All property and assets vested in the Atomic Energy Control Board before the commencement of this Act shall vest in the Council, subject to all interests, liabilities, obligations and trusts affecting the property. |
49 |
Act 24 Atomic Energy Act 2008 |
SCHEDULES. first schedule Sections 3, 78(1) currency point one currency point is equivalent to twenty thousand shillings. |
50 |
Act 24 |
Atomic Energy Act |
2008 |
second schedule. Sections 10, 78(2) MEETINGS OF THE COUNCIL.
|
51 |
Act 24 |
Atomic Energy Act |
2008 |
The validity of any proceedings of the Council or a committee of the Council shall not be affected by a vacancy in its membership or by any defect in the appointment or qualification of a member or by reason that a person not entitled took part in its proceedings.
|
52 |
Act 24 |
Atomic Energy Act |
2008 |
interested in a contract made or proposed to be made by the Council, or in any other matter which falls to be considered by the Council, shall disclose the nature of his or her interest at a meeting of the Council.
that matter; or
A notice or other document may be served on the Council by delivering it to the office of the Secretary, or by sending it by prepaid registered post addressed to the Secretary.
Subject to this Act, the Council may regulate its own procedure or any other matter relating to its meetings. |
53 |
Act 24 Atomic Energy Act |
Cross References. Atomic Energy Act, Cap 143. |
2008 |
54 |