Radiation Safety Regulation in Western Australia

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Radiation Safety Regulation in Western Australia

• Radiation Safety Act 1975
• Radiological Council

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Radiation Safety Regulation in WA

• Western Australia was the first Australian State
  to regulate the use of radiation through the
  Radioactive Substances Act in 1954.
• By the late 1950s, the six States had enacted
  laws governing the use of radiation within their
  borders. The Northern Territory and the
  Australian Capital Territory followed later.
• However, WA and the ACT remain the only
  jurisdictions with independent regulatory
  authorities administering radiation safety
  legislation.
• The regulators in the other States and
  Territories operate through their respective
  Health Departments except in the case of NSW and
  SA, through that States Environmental Protection
  Authority.

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Radiation Safety Regulation in WA

• Some radiation safety matters are regulated by
  other bodies

• In Western Australia, radiation safety on mine
  sites is jointly regulated by the Mines Safety
  and Inspection Act under the Department of Mines
  and Petroleum. A similar arrangement applies in
  NSW.
• In some jurisdictions, departments of
  occupational health and safety regulate
  non-ionising radiation.

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Radiation Safety Regulation in WA

• What about the Commonwealth (Federal) government?

• Until 1999, the Commonwealth Government had no
  radiation safety legislation regulating the use
  of radiation by its agencies and departments.
  However, the Commonwealth did enact legislation
  to control the possession of strategic nuclear
  materials.
• In 1999, the Commonwealth Government passed the
  Australian Radiation Protection and Nuclear
  Safety Act. This Act applies to Commonwealth
  agencies and departments only e.g. to the
  defence forces, the CSIRO, Federal Police, etc.

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Radiation Safety Regulation in WA

• The ARPANS Act created the Australian Radiation
  Protection and Nuclear Safety Agency (ARPANSA),
  combining the former Australian Radiation
  Laboratory (ARL) and the Nuclear Safety Bureau.
• The Act includes an objective of promoting
  uniformity between all Australian jurisdictions
  and aims to achieve this through a Radiation
  Health Committee (RHC) on which each jurisdiction
  is represented.
• To promote uniformity, the RHC has developed and
  continues to update a National Directory on
  Radiation Protection as a national resource for
  definitions, standards, Codes of Practice and
  prescribed qualifications. (Note National Codes
  and Standards have been in existence for more
  than 30 years and are being redeveloped by
  ARPANSA under the RHC).

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Radiation Safety Regulation in WA

• Western Australias Radioactive Substances Act
  1954 dealt largely with the regulation of
  radioactive substances. It had limited control
  over x-ray equipment and none over non-ionising
  radiation.
• It was enacted at a time when nuclear testing was
  being carried out on the Montebello Islands off
  the north west coast of Western Australia, and at
  Maralinga in South Australia, by the British and
  Australian Governments.
• The Radioactive Substances Act 1954 was replaced
  by the Radiation Safety Act 1975. This was the
  first Australian legislation to not only regulate
  radioactive substances and x-ray equipment but
  also electronic products (eg lasers and other
  sources of non-ionising radiation)

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The Radiological Council

• The Radiation Safety Act creates an independent
  regulatory authority, the Radiological Council.
• Although funded through the budget allocated to
  the Radiation Health Branch (an arm of the
  Department of Health), the Council reports to the
  Minister for Health and is not subject to
  Departmental control.
• The Council meets every 2nd month to approve
  licences and registrations, to consider matters
  of policy and to guide the implementation of the
  Act.

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The Radiological Council
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The Radiological Council

• The Radiological Council is appointed under the
  Radiation Safety Act 1975 to assist the Minister
  for Health to protect public health and to
  maintain safe practices in the use of radiation.
• The Act requires the Council
• to implement a system of licensing and
  registration
• to conduct inquiries into alleged contraventions
  of the Act

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The Radiation Safety Act

• The regulations to the Act prescribe (control)
• x-ray equipment
• radioactive substances (other than exempt
  activities). Note The mining and milling of
  radioactive ores is jointly controlled under the
  Mines Safety and Inspection Act through the
  Department of Mines and Petroleum)
• lasers (Class 3B and Class 4)
• transilluminators and sun tanning units
  (ultraviolet light devices)

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The Radiation Safety Act

• Prescribed natural radioactive substances for the
  purposes of the Act. Regulation 5
• equivalent specific radioactivity exceeding 0.03
  megabecquerel per kilogram (30 Bq/g, total
  activity concentration and
• exceeds the maximum quantity specified for a
  radioactive substance in Schedule V (for natural
  uranium or thorium, 4 MBq total activity)
• A radioactive ore which may give rise to a
  radiation hazard or may result in an individual
  receiving an effective dose exceeding the
  effective dose limit

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The Radiation Safety Act

• CONDITIONS, RESTRICTIONS AND LIMITATIONS

• The Act permits the Radiological Council to
  impose conditions, restrictions or limitations on
  any registration, licence or temporary permit.
• Conditions may be applied in addition to any
  relevant regulations or, by applying a specific
  exemption, may vary the regulations if
  appropriate.
• Failure to comply with any conditions,
  restrictions or limitations is an offence and
  carries the full penalties in the Act.

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The Radiation Safety Act

• Exploration
• Mining / Processing
• Analytical Laboratories

• Registration
• Radiation Safety Officer
• Radiation Management Plan
• Radioactive Waste Management Plan
• Licensing
• Sealed sources?
• X-ray equipment?

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The Radiation Safety Act

• How do the Mines Safety and Inspection
  Regulations work with the Radiation Safety Act
  and Regulations???

• Same requirements e.g. Codes, radiation
  management plans and radiation safety officers
• Regular consultation between agencies Resources
  Safety Division and Radiological Council
• Reporting requirements
• Sealed radioactive sources and irradiating
  apparatus
• Transport

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The Radiation Safety Act

• TRANSPORT OF RADIOACTIVE SUBSTANCES

• Each State and Territory applies the IAEA
  International Regulations and the ARPANSA Code of
  Practice
• In Western Australia, this is achieved through
  the Radiation Safety (Transport of Radioactive
  Substances) Regulations 2002.

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The Radiation Safety Act

• TRANSPORT OF RADIOACTIVE SUBSTANCES

• Any person who transports radioactive substances
  in Western Australia must be licensed or work
  under the direction and supervision of a
  licensee.
• Legislation requires the development of a
  Radiation Protection Programme (ie, a transport
  management plan)
• Some operations may also require a source
  security transport plan.

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Summary of WA Radiation Legislation

• Under the authority of the RADIOLOGICAL COUNCIL
• Radiation Safety Act 1975
• Radiation Safety (General) Regulations 1983
• Radiation Safety (Qualifications) Regulations
  1980
• Radiation Safety (Transport of Radioactive
  Substances Regulations) 2002
• Under the authority of the DEPARTMENT of HEALTH
• Nuclear Waste Storage and Transportation
  (Prohibition) Act 1999
• Under the authority of the DEPARTMENT OF MINES
  and PETROLEUM
• Mines Safety and Inspection Act 1994
• Mines Safety and Inspection Act Regulations 1995
  (Part 16)

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Licences and Registrations
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