Protection from Harmful Radiation Act 1990 No 13.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Protection from Harmful Radiation Act 1990 (NSW) regulates the sale, use, storage, transport, and disposal of radioactive substances and radiation apparatus in New South Wales. Its primary aim is to protect people and the environment from harmful radiation while recognising the beneficial uses of radiation. The Act incorporates principles of radiation protection and ecologically sustainable development, requiring practices to be justified, optimised, and limited in terms of exposure and risk. It establishes a licensing system for individuals and organisations dealing with regulated materials, including radiation management and user licences, and accreditation for radiation experts and security assessors. The Environment Protection Authority (EPA) oversees these functions, with provisions allowing certain public bodies to exercise EPA functions under specific conditions. Security measures are mandated for radioactive sources, including the preparation and endorsement of security plans, identity checks, and implementation of prescribed protections. Enforcement powers include entry, inspection, issuing notices, and dealing with dangerous situations. The Act provides for penalties, court orders, and recovery of costs, including financial assurances to ensure compliance and remediation. The Radiation Advisory Council advises the EPA on regulatory matters and exemptions. The Act also includes provisions for appeals, offences by individuals and corporations, and transitional arrangements following legislative amendments.
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Long title of text
An Act to make provision for the regulation and control of the sale, use, keeping and disposal of radioactive substances and radiation apparatus; to repeal the Radioactive Substances Act 1957; and for other purposes.
Notes
Including amendments up to Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 No 20.
Repealed
No
Source language
English
Legislation Amendment
No
Amended by