New South Wales Consolidated Acts

RADIATION CONTROL ACT 1990 - SECT 40

40 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

(2) Without affecting the generality of subsection (1), the Governor may make regulations for or with respect to regulating activities concerned with radioactive substances or radiation apparatus, including the following activities:

(a) activities of producing, manufacturing, supplying, keeping, conveying, using or otherwise dealing with radioactive substances or radiation apparatus,

(b) activities concerning any aspect of waste management, including waste disposal, treatment, storage, recycling and minimisation.

(3) The regulations authorised by this section include regulations that make provision for or with respect to:

(a) requiring specified standards to be observed, practices and procedures to be followed and measures to be taken in relation to activities referred to in subsection (2),

(b) recommending practices and procedures that may be followed, and measures that may be taken, to further the achievement of the standards referred to in paragraph (a),

(c) regulating, restricting or prohibiting any act or thing that is involved in or related to an activity referred to in subsection (2),

(d) the granting, issuing or giving of a licence, permit, registration, authority or approval and the terms or conditions to which it is subject,

(e) the giving of directions for the purposes of the regulations,

(f) the protection of the health and safety, and the training, examination and certification, of persons who engage or seek to engage in activities referred to in subsection (2),

(g) the medical examination of persons exposed or believed to have been exposed to radiation in the course of activities referred to in subsection (2),

(h) requiring the keeping of records, furnishing of information, and notification of accidents or other matters or events by persons carrying on activities referred to in subsection (2),

(i) the monitoring of levels of radiation exposure of persons engaged in activities referred to in subsection (2) and the monitoring of the health of such persons during and after such activities,

(j) the protection of persons and the environment against the harmful effects of radiation resulting from activities referred to in subsection (2),

(k) the monitoring of levels of radiation in the environment, and

(l) requiring the payment of fees and charges for services provided by the Authority under this Act.

(4) A regulation may create an offence punishable by a penalty not exceeding 100 penalty units.

(5) The regulations may provide for the waiver of the whole or such part of the fees as the Authority may in a particular case think proper.

(6) The regulations may adopt any document (including for example a standard, guidance note or code of practice) as in force from time to time.