SRI LANKA ATOMIC ENERGY ACT

Arrangement of Sections

1. Short Title.

PART I

CHAPTER I

Establishment of the Sri Lanka Atomic Energy Board

2. Establishment of the Sri Lanka Atomic Energy Board.

3. Objectives of the Board.

4. Duties and functions of the Board.

5. Powers of the Board.

6. Constitution of the Board.

7. Appointment of committees and experts.

8. Powers of the Minister to issue guidelines and directions.

PART II

CHAPTER II

Establishment of the Sri Lanka Atomic Energy Regulatory Council

9. Establishment of the Sri Lanka Atomic Energy Regulatory Council.

10. Objectives of the Councils.

11. Functions of the Council.

12. Powers of the Council.

13. General principles to be adhered to by the Council.

14. Constitution of the Council.

15. Appointment of Inspectors.

16. Appointment of police officers to assist Authorized Inspectors.

17. Appointment of Advisory Committees.

CHAPTER III

Issue of Licences

18. Requirement to obtain a licence to conduct a practice.

19. Council to exempt certain practices or any source within a practice from obtaining a licence.

20. Notification to be forwarded of an intention to conduct a practice.

21. Application for a licence.

22. Processing of applications and the issue of licence.

23. Conditions of the licence.

24. Primary duty of the licencee.

25. Reporting of over exposure and theft, etc.

26. Compliance with requirements established for transport of radioactive material.

27. Modification of a licence.

28. Renewal of a licence.

29. Council to be informed where a licence is not renewed.

30. Effect of a failure to renew a licence.

31. Grounds for the cancellation of a licence.

32. Conducting a practice after the cancellation of a licence to be an offence.

33. Causing seals to be affixed to any source, in the event of a cancellation.

34. Suspension of a licence.

35. Appeal against a suspension or a cancellation of a licence.

36. Appointment of an Appeals Committee to hear an appeal.

37. Secretary’s determination on an appeal.

38. Termination of a licence.

39. Council to issue directives.

40. Powers and duties of Authorized Inspectors.

41. Power to direct the removal of sources.

CHAPTER IV

Safety and Security of Sources

42. Categorization of radioactive sources.

43. Protection of information contained in the national register on sources.

44. Physical protection of categories of radioactive sources.

45. Duty of licencee to inform the Council of any loss of a radioactive source.

46. National strategy on orphan sources.

47. Import and export of irradiating apparatus.

48. Import or export of radioactive sources.

CHAPTER V

Export and Import Control of Nuclear and Other Radioactive Material

49. Controlled items.

50. Prohibition on export or import of controlled items without approval of the Council.

51. Council to make rules for granting approval for the export and import of controlled items.

52. Council’s duty in regard to import and export of nuclear materials.

53. Transfer of responsibility in international transfers of nuclear materials under Safeguards Agreement.

CHAPTER VI

Radioactive Waste

54. National policy and strategy.

55. Safety and security of radioactive waste.

56. Import of radioactive waste.

57. Export of radioactive waste.

CHAPTER VII

National Nuclear Emergency Plan

58. National Plan for nuclear or radiological emergencies.

59. Trans boundary emergencies.

CHAPTER VIII

Safeguards

60. Council to ensure due compliance of Safeguards Agreement.

61. Nuclear activities to be exclusively for peaceful purposes.

62. Prohibition on nuclear weapons and other explosive devices.

CHAPTER IX

Physical Protection of Nuclear Material and Other Radioactive Material

63. Requirements for physical protection of nuclear material and other radioactive material.

64. Physical protection, responsibilities of the licencee.

65. International cooperation and assistance.

66. Unlawful handling of radioactive material or nuclear material or a device containing radioactive material or nuclear material to be an offence.

67. Unlawful use of radioactive material or nuclear material or devices containing such material to be an offence.

68. Using or damaging an irradiation Installation which cause a risk of release of radioactive material.

CHAPTER X

Mining and Processing

69. Protection to be provided in activities relating to mining and processing operations.

PART III

CHAPTER XI

Staff of the Board and of the Council

70. Meaning of the expression “relevant authority” used in this Part.

71. Appointment of Director-General.

72. Removal of the Director-General.

73. Appointment of the staff of the relevant authority.

74. Appointment of public officers to the staff of the relevant authority.

CHAPTER XII

Finances of the Relevant Authority

75. Fund of the relevant authority.

76. Audit of accounts of a relevant authority.

CHAPTER XIII

Miscellaneous

77. Disclosure of interest in any contract made or proposed to be made by the relevant authority.

78. Acquisition of land for a relevant authority.

79. Protection of members and officers of the relevant authority from suit or prosecution.

80. Offences and penalties.

81. Offences committed by a body corporate or a partnership.

82. Declaration of secrecy.

83. Contravention of section 82 to be an offence.

84. Officers and servants of the relevant authority deemed to be public servants.

85. Relevant authority deemed to be a schedule institution for purposes of Bribery Act.

86. Regulations.

87. Rules.

88. Interpretation.

89. Sinhala text to prevail in case of inconsistency.

PART IV

CHAPTER XIV

Repeals and Saving

90. Repeal of Act No. 19 of 1969 and saving provisions.

91. Validation of licence issued under Act, No. 19 of 1969 and consequences.

Schedule

An Act to provide for the establishment of the Sri Lanka Atomic Energy Board; for the promotion and encouragement of the use of nuclear science and technology for national development purposes; for the establishment of the sri lanka atomic energy regulatory council; for the regulation of practices involving ionizing radiation and the safety and security of sources; for the prohibition of nuclear weapons and ensuring safeguards; and to repeal the atomic energy authority act, no.19 of 1969 and for matters connected therewith or incidental thereto.

[Date of Commencement: 01st January, 2015]

1. Short Title.

This Act may be cited as the Sri Lanka Atomic Energy Act, No. 40 of 2014.1

PART I

CHAPTER I

Establishment of the Sri Lanka Atomic Energy Board

2. Establishment of the Sri Lanka Atomic Energy Board.

(1) There shall be established an authority to be called and known as the Sri Lanka Atomic Energy Board (hereinafter referred to as the “Board”) which shall consist of the members referred to in section 6.

(2) The Board shall by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Objectives of the Board.

The objectives of the Board shall be to

(a) promote and encourage the peaceful application of nuclear technology and provide services using such technology;

(b) conduct research on nuclear science and on developing peaceful application of nuclear technology, for the purpose of achieving national objectives;

(c) promote and support innovations to ensure safety and security systems and quality in the peaceful uses of nuclear technology;

(d) provide radiation protection services to meet regulatory requirements relating to nuclear applications; and

(e) engage in activities involving ionizing radiation and complementary techniques, for commercial or other purposes.

4. Duties and functions of the Board.

The duties and functions of the Board shall be to—

(a) utilize radioactive materials and ionizing radiation whether along with complementary techniques or otherwise, for medical, environmental, agricultural, industrial and other peaceful purposes and for scientific and technological advancement as may be required for national development;

(b) carry out research relating to the application of ionizing radiation, whether along with complementary techniques or otherwise;

(c) ensure that adequate facilities and arrangements are made available for the appropriate training of the staff of the Board and of the officers of any other relevant institutions;

(d) provide on request and where it considers it appropriate, to any relevant government institution or any non-governmental institution whether national or international, and to the general public, information relating to the utilization of nuclear technology or other radioactive materials, where available;

(e) promote the establishment of professional organizations and societies to assist in the application of ionizing radiation, whether along with complementary methods or otherwise and provide where available any connected services;

(f) construct and operate research centers, laboratories and pilot plants in the field of nuclear technology, radiological applications and other related areas;

(g) build and operate installations or facilities for the production and distribution of radioisotopes and for the management and disposal of radioactive wastes;

(h) assist in the sustainable development of the peaceful application of nuclear technology;

(i) explore the availability of radioactive mineral resources within Sri Lanka;

(j) establish, maintain and develop scientific and technical cooperation with such local or international institutions or organizations as the Board deems conducive, for the attainment of its objectives;

(k) enter into commercial and other ventures involving ionizing radiation or other complementary techniques;

(l) furnish the Minister with information relating to the performance and discharge of its duties and functions; and

(m) perform and discharge such other duties and functions as in the opinion of the Board, are necessary in achieving the objectives of the Board.

5. Powers of the Board.

In addition to any powers that are expressly conferred on the Board by this Act, the Board shall for the effective discharge of its functions, have the power to—

(a) erect, equip and maintain laboratories, libraries, workshops and any other buildings as are necessary for the effective discharge of its functions;

(b) collect, print and publish reports, periodicals and papers on any subject relevant to or connected with the functions of the Board;

(c) enter into agreements with the approval of the Minister, for cooperation with institutions within or outside Sri Lanka, having objectives wholly or partly similar to those of the Board;

(d) provide testing services to ascertain levels of radioactive contamination and ionizing radiation in any material, commodity or object;

(e) provide calibration services and services for radiation measuring equipment and dosimetry services;

(f) manufacture, buy, import or acquire, store, sell, transport or export any article which in the opinion of the Board is or is likely to be required in connection with the production or use of ionizing radiation or any research and to dispose of any such article;

(g) make available for use in connection with any research or production conducted or carried out by any institution or person other than the Board, any equipment or facilities belonging to the Board in such manner as it may determine;

(h) take adequate measures to ensure the safety and security of any radioactive sources or radioactive waste for which no licence has been issued under this Act or for which no owner can be found, on receipt of information regarding the same;

(i) disseminate information and train persons in matters relating to nuclear science and technology, radioactive materials and related matters;

(j) make arrangements with Universities, Government Departments and any other institutions or persons both within and outside Sri Lanka, for the conduct of research and development activities into matters connected with nuclear science and technology, ionizing radiation or radioactive material and other related matters;

(k) award in accordance with such schemes formulated with the concurrence of the Minister assigned the subject of Finance, incentives based on performance, to the scientists, engineers, technical personnel and other employees of the Board;

(l) delegate any of the duties and functions of the Board to the Chairman or any member of the Board or to the Director-General of the Board;

(m) acquire and hold property both movable and immovable and sell, lease, mortgage, exchange or otherwise dispose of the same;

(n) open, operate and maintain bank accounts and deposit its monies in any bank and invest such of its funds as are not immediately required for the purposes of the Board, in such securities as the Board may determine;

(o) borrow such money as may become necessary for the purposes of the exercise and performance of its powers and functions;

(p) enter into any contracts or agreements as may become necessary for the effective exercise and performance of its powers and functions;

(q) charge and receive fees for any services rendered by the Board;

(r) engage in commercial activities to achieve the objectives of the Board; and

(s) accept and receive in compliance with relevant government procedures, grants and donations of property both movable and immovable from sources within and outside Sri Lanka and utilize the same for the purposes of the exercise and performance of the powers and functions of the Board.

6. Constitution of the Board.

(1) The Board shall consist of seven members who shall be appointed by the Minister, of whom not less than three shall be from among persons who have had experience and proven capacity in the field of nuclear energy and its applications and not less than one each shall be from the fields of finance, law, health and industry.

(2) The Minister shall appoint one of the members appointed under subsection (1) as the Chairman of the Board.

(3) The members of the Board shall hold office for a period of three years and unless removed from office, be eligible for re-appointment.

(4) The provisions of the Schedule to this Act shall apply

to and in respect of the members of the Board and the conduct of its meetings.

7. Appointment of committees and experts.

(1) The Board may appoint such committees and experts as it considers necessary or expedient to assist it in the performance and discharge of its duties and functions.

(2) A committee appointed under subsection (1), shall regulate the procedures for the transaction of its business and of their meetings.

(3) The members of any committee and an expert, appointed under subsection (1), shall be paid such allowances and be reimbursed for any expenses incurred in connection with the carrying out of any duties assigned, as the Board may determine.

8. Powers of the Minister to issue guidelines and directions.

(a) The Minister may issue to the Board such guidelines or directions as are not inconsistent with the provisions of this Act, relating to the policy to be followed in the performance and exercise of the functions and powers of the Board.

(b) The Board shall comply with any guidelines or directions issued by the Minister.

PART II

CHAPTER II

Establishment of the Sri Lanka Atomic Energy Regulatory Council

9. Establishment of the Sri Lanka Atomic Energy Regulatory Council.

(1) There shall be established a regulatory authority to be called and known as the Sri Lanka Atomic Energy Regulatory Council (in this Act referred to as “Council”), for the regulation and control of practices involving ionizing radiation.

(2) The Council shall by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

10. Objectives of the Councils.

The objectives of the Council shall be to—

(a) establish requirements for the protection of persons and the environment against risks associated with exposure to ionizing radiation and for the safety and security of sources and facilities, as appropriate;

(b) take all appropriate steps to ensure the protection of persons and the environment from harmful effects due to any source, nuclear material and other radioactive material and ensure the security of such material and facilities; and

(c) ensure compliance with International Standards and obligations in the field of nuclear energy, which are required to be complied with by Sri Lanka.

11. Functions of the Council.

The functions of the Council shall be to—

(a) issue licences required to be issued under this Act and renew, modify, suspend or revoke the same;

(b) formulate an inspection programme to ensure compliance with the requirements imposed under this Act and conditions specified in licences issued under this Act;

(c) take appropriate measures to ensure due compliance with the provisions of this Act, proper enforcement of regulations or rules made thereunder and conditions specified in licences issued;

(d) maintain a national register containing information on all sources available within Sri Lanka;

(e) provide information regarding the regulatory activities of the Council to the general public, the media and any other relevant stakeholders;

(f) make recommendations to the Minister on the formulation of a national policy and strategy on protection against ionizing radiation, the safety and security of sources and nuclear and other radioactive material and on radioactive waste management;

(g) formulate and review rules, codes and standards relating to radiation protection and the application of ionizing radiation, which reflects best practices enunciated by the International Atomic Energy Agency and any other similar International Organizations;

(h) advice the Minister on any matter referred to the Council and on matters which the Council considers appropriate to give its advice on; and

(i) perform and discharge such other duties and functions as in the opinion of the Council, are necessary in achieving the objectives of the Council.

12. Powers of the Council.

In addition to any powers that are expressly conferred on the Council by this Act, the Council shall for the effective discharge and performance of its functions have the power to—

(a) take measures for the prevention of radiological emergencies;

(b) establish mechanisms and procedures for informing and consulting the public and other stakeholders about the regulatory process and the safety, health and environmental aspects of regulated practices, including incidents, accidents and abnormal occurrences;

(c) co-operate with local and international organizations to promote safety and security against risk of injury or damage, arising from ionizing radiation;

(d) provide training for the staff of the Council and any other relevant person or body of persons, for the purpose of achieving its objectives;

(e) take necessary steps to fulfill the obligations of Sri Lanka under international treaties, conventions, relevant protocols and agreements to which Sri Lanka is a party, relating to safety and security of sources;

(f) make where available to any person both national and international and to the public, as determined by the Council, information relating to the utilization of sources and incidents and abnormal occurrences, which may cause an impact on human life or the environment;

(g) liaise with government agencies and nongovernmental organizations or individuals having competence in areas such as health, safety, environmental protection, security, emergency, transport or import and export of nuclear and radioactive materials, including radioactive waste;

(h) inspect, review and assess practices and facilities for the purpose of verifying compliance with the provisions of this Act and any regulations or rules made thereunder and the conditions of any licences;

(i) issue directives relating to corrective measures required to be taken if unsafe or potentially unsafe conditions are detected at any location where a licenced practice is being conducted;

(j) take all steps as are necessary to give effect to obligations under the Safeguards Agreement, including the establishment and maintenance of a state system of accounting for and control of nuclear material;

(k) implement regulatory measures for the security of nuclear or radioactive materials, related equipment and associated facilities, including measures for physical protection, to detect, prevent and respond to unauthorized acts involving such materials, equipment or facilities;

(l) establish procedures and mechanisms to grant approval to institutes or individuals involved in issuing certification on radiation measurement and calibration of radiation measuring equipment;

(m) conduct public awareness programmes in relation to nuclear science and technology and to take any precautionary steps required to be taken upon the occurrence of any accident involving radioactive or nuclear materials;

(n) inspect any articles or commodities imported into Sri Lanka and which are available locally, and to take samples for the purpose of testing of radioactivity and where the Council deems it necessary and appropriate, to publish results of such test for the information of the general public, and all relevant authorities:

For the purpose of this paragraph “articles” and “commodities” include the container in which the articles or commodities are imported and any vessels or aircrafts carrying such containers;

(o) acquire and hold any property, both movable or immovable and to sell, lease, mortgage, exchange or otherwise dispose of the same;

(p) collect and publish reports and papers on any subject connected with the functions of the Council;

(q) open and maintain bank accounts whether current, savings or deposit, in any bank approved by the Council; and

(r) erect, equip and maintain buildings including laboratories, libraries, workshops and offices as are necessary for the performance of its functions.

13. General principles to be adhered to by the Council.

In the exercise and performance of its powers and functions, the Council shall be guided by the following general principles—

(a) the safety and protection of human life, property and the environment from harmful effects of ionizing radiation;

(b) that there is sufficient justification for permitting the conduct of a practice for which a licence is applied for;

(c) that the normal exposure of individuals are restricted, so that neither the effective dose nor the equivalent dose caused by a possible combination of exposures from licenced practices, exceeds the dose limits as determined by the Council; and

(d) that protection is optimized, so that the magnitude of individual doses, the number of individual exposes and the likelihood of incurring exposure are all kept as low as reasonably achievable, taking into account economic and social factors.

14. Constitution of the Council.

(1) The Council shall consist of the following members appointed by the Minister—

(a) three persons who are experts in the field of nuclear science and technology or radiation protection;

(b) one person who has experience in legal aspects connected with or relating to the objectives of the Council; and

(c) a senior officer not below the rank of an Additional Secretary or a Director of the Ministry of the Minister assigned the subject of Environment, nominated by such Minister.

(2) The Minister shall appoint one of the members of the Council as the Chairman of the Council.

(3) The Chairman and the other appointed members of the Council shall hold office for a period of three years and unless removed from office, be eligible for re-appointment.

(4) The provisions of Schedule to this Act shall apply to and in respect of the members of the Council and the conduct of its meetings.

15. Appointment of Inspectors.

The Council shall for the purposes of assisting the Council in the performance of its functions under this Act, appoint from among its officers such number of persons as inspectors (hereinafter referred to as “Authorized Inspectors”) and shall furnish them with appropriate credentials.

16. Appointment of police officers to assist Authorized Inspectors.

(1) —

(a) The Council may request the Inspector-General of Police to provide the services of any police officer above the rank of an Assistant Superintendent of Police, for the purpose of assisting an Authorized Inspector in the performance of his functions.

(b) It shall be the duty of the Inspector-General of Police to ensure the availability of such police officer, where a request is made by the Council.

(2) —

(a) A police officer whose services are provided by the Inspector-General of Police on a request made under subsection (1), shall, notwithstanding anything to the contrary in any law upon a complaint made by the Council, arrest without a warrant any person who is suspected to have committed an offence under this Act.

(b) The police officer shall produce such person before the Magistrate’s Court, within whose jurisdiction such offence is alleged to have been committed.

17. Appointment of Advisory Committees.

(1) The Council may—

(a) appoint such number of Advisory Committees as it may consider necessary or appropriate; and

(b) obtain the services of any expert outside its permanent staff, as advisors or consultants,

to assist the Council in the performance and discharge of its duties and functions under this Act:

Provided that the appointment of any Advisory Committees or obtaining the services of any expert outside the permanent staff, shall in no way relieve the Council of the responsibilities and duties cast on the Council under this Act or any regulations or rules made thereunder.

(2) It shall be the duty of the Council to ensure that no person who has a conflict of interest or is in a position to exercise improper influence on any decision that the Council is called upon to make under this Act or any regulations or rules made thereunder, is appointed under subsection (1) as a member of an Advisory Committee or as an expert.

CHAPTER III

ISSUE OF LICENCES

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