South Australian Consolidated Acts South Australian Consolidated Acts18—Radioactive wastes or other matter
(1) Where the Minister
proposes to grant a permit for the dumping or loading of wastes or other
matter that are radioactive, the Minister shall—
(a)
state in the permit that the permit is a permit for dumping or loading, as the
case may be, radioactive wastes or other matter; and
(b)
appoint such escorting officers (if any) as he thinks necessary to be present
on board any vessel on which the wastes or other matter are to be carried for
the purpose of—
(i)
observing the loading, and stowing, on board the vessel
of the wastes or other matter; and
(ii)
monitoring the levels of radiation caused by the wastes
or other matter; and
(iii)
observing the dumping into the sea of the wastes or other
matter in accordance with the permit; and
(iv)
giving to the master of the vessel—
(A) such directions as the escorting
officer thinks necessary in relation to any matter arising out of the presence
on board the vessel of the wastes or other matter; or
(B) such directions as the escorting
officer thinks necessary to ensure that the handling or stowing of the wastes
or other matter on board the vessel, or the dumping into the sea of such
wastes or other matter, is in accordance with the permit or with any condition
imposed in respect of the permit (including a direction to cease loading, or
to cease dumping into the sea, the wastes or other matter or any part of the
wastes or other matter).
(2) It shall be a
condition of every permit for dumping or loading radioactive wastes or other
matter that the holder of the permit will ensure that—
(a) any
escorting officers appointed by the Minister in relation to the permit—
(i)
are received on board any vessel used, or to be used, for
the carriage of the wastes or other matter concerned during all times when
their presence on board is necessary for the purpose of carrying out their
functions; and
(ii)
are supplied with any necessary food and accommodation,
being food and accommodation of an acceptable standard, when they are on board
the vessel; and
(b) in
the case of a permit for dumping—any escorting officers on board when
dumping has ceased are, in accordance with arrangements agreed between the
holder of the permit and the Minister, returned to the port of embarkation or
such other place as is agreed between the holder of the permit and the
Minister.
(3) When a vessel that
has on board an escorting officer for the purpose of carrying out his
functions in relation to radioactive wastes or other matter on board, or to be
loaded on board, the vessel, the person in charge of the vessel—
(a)
shall permit the escorting officer to have access to every part of the vessel
to which it is necessary that he have access for the purpose of carrying out
his functions; and
(b) when
requested by the escorting officer so to do, shall give to the escorting
officer any information in the possession of the person in charge concerning
the radioactive wastes or other matter; and
(c)
shall not take any action, or cause or permit any action to be taken, in
relation to the radioactive wastes or other matter that is in contravention of
any direction given to him by the escorting officer in the carrying out of his
functions.
Penalty: Ten thousand dollars.
(4) It is a defence to
a charge of an offence under subsection (3)(c) if the person in charge of
the vessel proves that the action the subject of the charge was necessary to
ensure the safety of the vessel or of any person on board.
(5) For the purposes
of this section, wastes or other matter shall not be regarded as being
radioactive if they are not, by virtue of regulations made under the
Radiation Protection and Control Act 1982 subject to any control under
Part 3 of that Act.