Tanzania
Protection from Radiation Act
Radioactive Waste Management for the Protection of Human Health and Environment Regulations, 1999
Government Notice 276 of 1999
- Published in Tanzania Government Gazette
- Commenced on 17 September 1999
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
Part I – Preliminary provisions (regs 1-4)
1. Short title
These Regulations may be cited as the Radioactive Waste Management for the Protection of Human Health and Environment Regulations.2. Interpretations
In these Regulations, unless the context requires otherwise—"Annual Limit on Intake (ALI)" means the intake of given Radionuclide in a year by reference man which would result in a committed dose equal to the relevant dose limit. The ALI is expressed in units of activity. (According to ICRP 60 an effective dose of 20 mSv shall not be exceeded for occupational workers and of 1 mSv for the public.);"characterisation" means the determination of the physical, chemical and radiological properties of the waste to establish the need for further adjustment, treatment, conditioning, or its suitability for further handling processing, storage or disposal;"clearance levels" means a set of values, established by the regulatory body and expressed in terms of activity concentrations and/or total activities, at or below which sources of radiation can be released from regulatory control;"conditioning" means those operations that produce a waste package suitable for handling, transportation, storage and/or disposal;"container" means the vessel into which the waste form is placed for handling transportation, storage and/or eventual disposal. The waste container is a component of the waste package;"disposal" means the emplacement of waste in an approved, specified facility (e.g. near surface or geological repository) without the intention of retrieval. Disposal may also include the approved direct discharge of effluent into the environment with subsequent dispersion;"exempt waste" In the context of radioactive waste management, waste (from a nuclear facility) that is released from nuclear regulatory control in accordance with clearance levels because the associated radiological hazards are negligible. The designation shall be in terms of activity concentration and/or total activity and may form, mass or value of waste, and its potential use;"licensee" means the holder of a current licence granted for a practice or source who has recognised rights and duties for the practice or source, particularly in relation to protection and safety;"Minister" means the Minister for the time being responsible for matters relating to radiation protection;"monitoring" means the measurement of radiation or radionuclides for reasons related to the assessment or control of exposure and the interpretation of such measurements. Monitoring can be continuous and non-continuous;"nuclear facility" means a facility and its associated land, building and equipment in which radioactive materials are produced, processed, used, handled, stored, or disposed of on such a scale that consideration of safety is required;"quality assurance" means all those planned and systematic actions necessary to provide adequate confidence that an item, process or service will satisfy given requirements for quality, for example, those specified in the licence;"radioactive materials" means a person with appropriate independence and authority appointed by the site management as responsible for radiation safety coordinating purchases, stocking of radioactive materials and the disposal of the waste;"radioactive waste" means material that contains or is contaminated with radionuclides at concentrations or activities greater than clearance levels as established by the regulatory body, and for which no use is foreseen;"radionuclide" means a nucleus (of an atom) that possesses properties of spontaneous disintegration (radioactivity). Nuclei are distinguished by their mass and atomic number;"regulatory body" means the National Radiation Commission as established by the Act;"repository" means a nuclear facility where waste is emplaced for disposal. Future retrieval of waste from the repository is not intended;"segregation" means an activity where waste or materials (radioactive and exempt) are separated or are kept separate according to radiological, chemical and/or physical properties which will facilitate waste handling and/or processing. It may be possible to segregate radioactive from exempt material and thus reduce the waste volume;"waste form" means the waste in its physical and chemical form after treatment and/or conditioning resulting in a solid product prior to packaging, the waste form is a component of the waste package;"waste generator" means any person or persons or organisation engaged in activities which generate radioactive waste;"waste management" means all the activities, administrative and operational, that are involved in the handling, treatment, conditioning, storage and disposal of waste and it includes transportation;"waste package" means the product of conditioning that includes the waste form and any container(s) and internal barriers (e.g. absorbing materials and line), as prepared in accordance with requirements for handling, transportation, storage and/or disposal.3. Application
4. Radioactive waste classification
Radioactive waste shall be classified by the following categories:Part II – Responsibilities, duties and administrative measures (regs 5-12)
5. Responsibilities of a regulatory body
6. Functions of the Central Radioactive Waste Management Facility
7. Responsibilities of the waste generator
8. Responsibilities of Radioactive Material Co-ordinator
The Radioactive Materials Co-ordinator appointed under paragraph (9) of regulation 7, in addition to assisting persons using radioactive materials in safe and efficient on-site radioactive waste management, shall have the following responsibilities:9. Licence applications and requirements
10. Return of sources to supplier
A person that proposed to import a sealed source containing radioactive material which ten years after purchase shall have an activity greater than 100MBq shall—11. Modification
If a modification to an existing practice or source is required by the regulatory body, in order to comply with some requirement of these Regulations, such a requirement shall take effect within such period as may be determined by the regulatory body.12. Public involvement
The regulatory body shall ensure the public accessibility to facility's programs to improve understanding of waste management issues.Part III – Waste management operations (regs 13-25)
13. Segregation, collection and characterisation
14. Container labelling
15. Procedure for discharge of radioactive substance to the environment
16. Discharge of exempt waste
17. Release of specific waste
18. Waste storage
19. Preparation for transportation of waste
20. Transportation
21. Treatment
The Authority of the Central Radioactive Waste Management Facility shall treat the radioactive waste received from the waste generators in order to reduce its volume and to facilitate further conditioning. The treatment method shall be suitably selected for the radioactive waste received depending on such factors as the volume and type of the radioactive waste, the discharge requirements for liquid effluent and additional conditioning requirements.22. Conditioning
23. Disposal of radioactive waste
Where the radioactive waste does not qualify for discharge or release to the environment or for clearance in a reasonable period of time, it shall be stored in the Central Radioactive Waste Management Facility pending availability of appropriate disposal option.24. Quality assurance
25. Physical protection
Waste generators and the authority of the Central Radioactive Waste Management Facility shall ensure adequate physical protection measures to prevent any unauthorised access to the radioactive waste management facilities.Part IV – Reporting to the regulatory body (regs 26-27)
26. Inventory and reporting
27. Emergency preparedness
Part V – Financing (reg 28)
28. Financial obligation
Part VI – Verification and enforcement (reg 29)
29. Right of entry and inspections
Part VII – Offences and penalties (regs 30-34)
30. Failure to produce a licence
31. Obstructions
32. Other offences
Any person or persons who knowingly, wilfully and without any reasonable excuse contravenes, fails or refuses to comply with any other provisions of these Regulations in relation to which contravention, failure or refusal no specific penalty is provided, is guilty of an offence and is liable on conviction to a fine of not less than twenty five thousand shillings or to imprisonment for a term of not less than one year or to both such fine and imprisonment.33. Offences by body corporate
Any act or omission which is an offence under these Regulations shall if done by a body corporate be deemed to be an offence committed by every Director, Secretary or Manager of the body corporate unless he proves that offence was committed without his knowledge or his consent and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and the circumstances of the case.34. Appeals
Any person who is aggrieved at the failure of the regulatory body to issue or renew any licence or considers that the regulatory body has revoked or suspended a licence or attached any unreasonable conditions or limits to a licence, may appeal to the Minister and if the Minister is convinced that the person or organisation has been unreasonably treated he may require the regulatory body to take an appropriate defined action.History of this document
31 July 2002 this version
Consolidation
17 September 1999
Commenced