Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694431485447.pdf (Tanzania, United Republic of)
THE ATOMIC ENERGY ACT, 2002 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section YUle I.

Short title and commencement.

Interpretation.

Application.

Exemptions, exclusion and clearance.

PART II THE TANZANIA ATOMIC ENERGY COMMISSION Establishment of the Commission.

Functions of the Commission.

Appointment and duties of the Director-General.

The Secretariat.

The staff of the Secretariat.

Powers to appoint.

PART Ill CONTROL OF THE USE OF IONIZING RADIATION SouRcIis AND INSTAI.LATIONS a.
Prohibitions Relating to the Control ofIonizing Radiation Sources and Installatiotzs.

IL Prohibition on the use, possession, export.

storage or transport of ionizing radiation sources.

Prohibition on administering ionizing radiation to persons.

Prohibition on the use and possession of plants and apparatus.

Prohibition on importation of nuclear installations.

Prohibition on operation of nuclear installations.

2 No.

7 Atomic Encnrj 2003 b.

Provisions Re/wing to Authorization.


lb.

Submission of detaiLed detnonstraiton of safety 1.icertsing of importers, exporters and transporters.

Licensing of users.

Authorization of quuli lied experts.

Registration of mobile ionising radiation devices.

Exemption from registration and licensing.

21 Liability of licensee.

Modification, suspension and revocation of licence.

e. Provisions Relating to Retort/s.

Register of users and mobile devices.

Register of qualified experts.


Removal or variation of particulars.

Duty to keep records.

RAft!

IV CONTROL OF RADIOACTIVITY IN FOODSTUFFS The Tanzania Food.

Drugs and Cosmetics Authority Act, 2003.

Sysiem for the control of radioactivity in ioodstuifs.

Requircmetil for radioactivity analysis.

Analysis for radioactive inaicrials contamination.

PARF V RADIATION PKOILCIIO.

P)IYSICALPftOTECTION, Nut EAR SAIEIy.

RADIOACTIVE \VASI MA.\AGLNILN[ ANt) EMERGFNCY PRrpARInNiss Duty to ensure salety.
Accumulation of radioactive waste.

Disposal of radioacUve waste.

Authorizanon of accumulation and disposal of radioactive waste.

Revocation or varial ion of authorization.

Facilities for safe management oiradioactive waste.

Dose limits.

Nuclear saFety and physicaL protection.

Licensee's liibility.

Radiological emergency preparedness.

No.

7 ,irwnk Ene;gv 2003 3 Liability of public authorities in respect of radiation sources and I nsta I tat ions.
PARt VI Tiii CoxrRoLov RADIAtIoN EXPOSURE FROM NATURAL.

SOURCFS The Mining Act No.

5 of 1998.

System for the control of natural radiation exposure.

(iuidance levels and measurements of natural sources.

Power to enter and assess radiation hanrds.

Management of natural sources.

PAR!

VII t'IIE CONTROLCIF Dcvrccs PROULX INC NON IONILINC; ItAUIAJ ION Authorization of non ionizing radiation sources.

Inspections and surveillance.


Flanttling oF sources of non ionizing radiation PART VIII Tiiv PRO\lonoNor Aio\iIr FNFRC.V AND NuC:IFAR TECIINOLOCIY I'roniotion of atom ic energy and nuclear technology.

52.Atlocal ion ol resources.

Approval ol'proi1ccls for utilization of atomic energy.

Iransftr olnuclear technolouy.

Establishmeut or designation of institutes or agencies.

PARE LX THr Ortirc,ntossot 1II11 COI%IISSiUN RLLAI INC 1<) RADiAtION PROI LUI ION SLRVICFS, Radialion proleclion services.
Appointments and dunes of Radiation Safety Officers.

Powers of Radiation Safety Inspectors.

Right to enter and inspect.

Con lidentiality and cusiody of infonnat iou.

 - 4 Na.

7 Alotnic' Ene,&' 2003 PART X FIN,\NCIAL RFsotReIs UI I FIL CoSiIIssroN Funds of the Commission.

Management and control of Funds.

Annual and supplementary budgets.

Powers to invest.

Powers to borrow.

Accounts and audits.

Annual statement on accounts and submission ni a report to the Minister.
Annual statement and report lobe laid before the National Assembly.

PART Xl M ISCLLLAN Eoi;s PRovisioNs Fees and charges Rctzulaiions.

Protection of Members of the Board and Officers of the Coni- mission.

011ences.

Evidence in legal proceedings.

PART XII (:o\SLQULNTIAt.

AND TRANSItioNAl.

PROVISIONS Savings olRegulations, authorizations e.i.c issued under the l'roteclion froiii Radiation Act, 1983. i'ransfer of assets and liabilities.

Transfer of statiand their righis.

C)utsiandi rig remunerations.


Exeniption from taxation.

Repeal olihe Protection from Radiation i\ct.

1983.

SC'HFDUI F Prclvi%ions rciaiing to Tho 13inrd oF the ('omm;s,ion.

No.

7 ;I/wnw EnerXv 2003 5 THE UNITED REPUBlIC OF I ANLANIA 7 1 ti Pn'siden t PJDOS .
An Act to establish the Tanzania Atomic Energy Commission and to provide for its functions in relation to the control of the use of ionizing and non ionizing radiation sources, the pro- motion of sale and peaceful uses of atomic energy and nuclear technology, and to repeal the Protection From Radiation Act, 1983. ii by the Parliament ofitic United Republic olTauzania.

Slitirl title PuLl MCIICC Inierpre- PART I PR Fl PM NARY I.

This Act may be cited as the Atomic Energy :\ct.


2003 and shalt oTiie loin operai ion on such date ( hereinaller referred to as the appointed day) as the MittiseT rna 1w notice published in the (Ja:ettc', appouit.

 2.—(1) In this Act.

unless iRe context requires ottienvise: "aceident' means ansi urn tended event includlnl1 operating errors, equip- nitent lailures or other mishaps, theconsequenecs or potential conse- of \s hich are lii)t negligible 1rom the point ol V iC\S' of pro.
tection or safety: "adnunister ionizing radiation uieans an jittemiotml act otsubjecting ionizing radiation to persons for the purpc'sc of medical treatment or diagnosis by a quali tied experl whether it he intermit or externa "appointed day" means the date on whie Ii this Act caine mm operal ion: 6 No.
7 Atomic rnerkv 2003 "approval medical practitioner" means a medical practitioner respon- sible for the medical suneillance of workers who are liable to re- ceive a dose greater than three tenths of the annual maxiniuni per- niissihle dose, whose capacity to act in this respect is recognized by the ('olnmission: ''appawtus' means CcltlipnIent associated w lilt the enhission of radia- tion: "article" means item or thing or eqtttpment associated with emission of radial ion: "aloni Icntrgy'' means iunizillg radiar Oil cliii tred as a result ol' eke- I rome of nueha r I rrisit loris in an atom: "authori,aiion "means a permission granted in a document by the Corn- i5S!Ofl 10 a legat pesoii who has submitted an application to carry out a practice or any other action described in the general obliga- tions for practices wider this Act.
The authorization can take the tu'rin of registration or a licence: "authorized ollicer' means an oliieer appoi ned orauthorized to perform any lunenons in relation to the enforcement of the provisions of this Act, and includes it police officer; "Board" means the l3oard of the Commission as provided For itt tile Schedule to this Act: "c:onimission means the 'lanzania Atomic Energy Commission estab- lished under section 5 of this Act: "continuotts exposure" means external or inlerrtal exposttre where the source of radial ion subjects the body or any critical organ to pro- longed exposure or internal exposure due to continuous intake: "Director-General" means the Director-General ofthe Commission; "disease" includes injury and bodily or mental deficiency orahnornuil- ity: "disposal" means the eniplaeerncni of waste in an approved, specified Iic,lity (c.g.
near stirIiee or geological repository) without the in- tention of retrieval.

Disposal may also include the approved direct discharge ofeffluents (e.g.

liquid and gaseous wastes) into the envi- ronment with subsequent ti ispers ion; "dose" means a measurc oF the radiation received or "absorbed" by a target: ''dose equivalenf' means a qitantity used by the International ('ommission on Radiation Units and Measurenmeuts (ICR!))

ill (IC lining the operational quantities ambient dose cqttivalent.
directional dose equivalent and personal dose equivalent: No.
7 A/onzu: Enertcv 2003 7 •'dose linii t'' means the value of I he elTecti ye th>se or the eqti i valent dose to nidividuals Iron) controlled practices that shall not be ex- ceeded: eIi'ect e dose nicans a sunnnatioii of the tissue equivalent doses, each multiplied by the appropriate weighting actor: "emergency plan" means it set ol procedures to he inipleniented in the event ala radiation accident "equivalent dose" means the quantity Il R. defined as il I) where D, 4 is flue absorbed dose delivered by radiation type II aver- aged Over it tissue or organ I and W.4 is the radiation weihting fac- tor for rad;ation type K; exposure means the act or condition of being sul,ieeiecl to irradia- t ion: "external exposure" means the act or condition of being subjected to iTTatliat loll by a source out side the bod'; act iii v means any ascuthly of devices.
eqttipment.
structures or natural features whether simple or complex which serves some purpose or performs some function, in the course of which radiation is,or is capable of being emitted; tortiter Conni ussuoru means the Nat iona I Radiation Commission established waler section 5 of the Protection From Radiation Act, 1983 (the repealed Act): "ionizing radiation" means the radiation of gamma rays and x-rays or cIJfl)tisctllar rrnliat ion, capable of produci rig ions di reedy or indi- rectly in its passage through triatter: "I ntcrna I exposure" the act or condition of being subjected to i rradia- lion by a source inside the body: "licensee" means a person holding a licence granted tinder this Act: "Minister" means the Minister for the time being responsible for niattcrs relating In Atomic Energy and nuclear technology; "11011 iollufilig rathiahiomi fliCilhiS optical radiation, radio t'requencv ra- d iat ion.
low-l'rcqticncy elect mc arid niagmie; ic liclds, Lilt rasoiuic radia- tion and any other radiation with similar biological effects: "nuclear safety' means the condition and abi lit)' ota nuclear i nstal Ia- tion and its servicing personnel to pre'ent the uncontrolled develop- inent ,if a lissiori chain reaction or an inadmissible release of radio- active substances or ionizing radiation into the envurnuicitent, and to reduce the consequences ol'accidents: "nuclear insiallatioi(' means a nuclear fuel fabrication plant.
nuclear reactor (including critical and sub critical assenibl ies).

research 8 No.

7 Atonue Enetgv 2003 reactor, nuclear power plant.
spent fuel storage facilit>c enrichment plani or reprocessing flcility: "physical protection" means a system of lechnical and organizational measures preventing unauthorized activities with nuclear installa- tions, nuclear materials and selected items: "plant" means and includes any machinery, flue lilly or installation, whether affixed to land or not.
but does not include any thing comprised or to he comprised in any means of transport, whether by land, water or air: "practice" means any human aelivitv that introduces additional sources of exposure pathways or extends exposure to additional peopLe or niodities the network of exposure pathways from existing sources.
so as to increase the exposure or the likelihood ofexposure olpeople or the nuinher of people exposed; "premises" means and includes any land, whether btult tip or aol, including any place underground and any land covered by water: "qualified expert" means an individual who by virlue ci certification by appropriate boards or societies, professional licence or acadciiiic qualification and experience, is duly recognized by the Commission as having expertise in a relevant field of specialization e.g.
medical physics, radiation protection, occupational health.

quality assurance or any relevant engineering or safety speciaLty; "radiation" means and includes both ionizing and non ioni.in radia- ion: "radiation accident" means anyoceurrenec orsticeession ofoccurrences having the sauleorigin.

which results into the rekaseof radioactive malerials.
or radiation closes, which exceeds the safety standards prescribed in this Act or iRe regulations: "radiation protection" means a system olicehnical and organizational measures to reduce or liniit exposure of people and the environ- inent: 'Radiation S afely Officer" means an officer appointed tinder subsec- tion (I) of section 57 of this Act: "Radiation Safety Inspector" means any person appointed under subsection (I) of section 9 ofihis Act to perfonn radiation inspections and any other duties relating to inspections under this Act: "radioactive material" means any nialter or substance contalnin ,2 one or more radionuelides the activity or concentration of which is sufficiently intense to entaiL a significant risk ordisahility or No.
7 .ito,nic &cr 2003 9 disease to any person or organ on exposure; ''radioactive waste" means some material that contains or is contanu- nated with radioriuclides 3E coneetitralions or activities greater than exemption levels as established by the Comniissioii and br which no use is foreseen: "sealed source" means a source eoiisisling of radioactive material Firmly iicorperated in a solid of elfectively maclive materials, or sealed in an inactive container of a strength sit ilicienl to prevent.
under noniial conditions of use, any dispersion of radoactive material and any possibility of contamination: "singleexposurë' means external exposure where the source ot'radiation subjects the body or organ to exposure ot'short duration, or internal exposure iNhowing the intake of radionnebittes over a short period: "source" nlcails an apparatus, device, material or an thint capable or enlittilit!

radiation: "undertaking" means and includes any tt ade.
practice, business or pro- fession and in relation to a public or local authority, includes any of the powers or duties of that authorit> and, itt relation to any other body oC persons, whether corporate or incorporate, includes any 01' the activities of that hotly: "user" means a person or body (if persons or institution authorized under this Act; "using radiation means and includes possession, holding.

storage, trails' porting.

importing, exporting, installing.

purchasing.


selling or ap- plying radiation in any act i' it>: I ) in determining.
for the purposes of tins Act, whether any ra- dioactive titaberial is kept or used on any premises, rIO account shall be taken of arty 'ad ioaetive material kept or used in or or; any vehicle, vessel or aircrat ifeither: (a) the vehicle, vessel or aircraft is on those premises in the course of Journey: or h) in the case of a vessel which is on those pr inises other- wise than in the course of ajoun)cy.

the material is tised in propelling the vessel or is kept in or on the vessel forusc i n propelling it.
(2) any substance or article which, in the course of the carrying on 10 No.

7 Atomic Enen' 2003 of any undeilaking, is discharged, discarded or otherwise deali With is ii it were waste shall Ior the purposes of this \ct.
be presumed to he waste unless the contrary is proved: (3) any retèrence in this Act in be the contamination of a sub- stance or article shall be construed as a reference to its be- coming radioactive or possessing increased radioactivity as a result of its being so affected by either or both of the fbI- lawi tig, that is to say: absorption, admixture or adhesion of radioactive ma- terial or radioactive waste: and the irradiation by neutrons and other ionizing radiation.

Apptica- üon 3.
Apptica- üon 3.

This Act shall appIy to Mainland Tanzania as well as Tanzania Zanzibar in respect of all persons or body ofpersoiis whose undertak- ings involve or include generalLy the use of atomic energy and nuclear technology and in particular the production, processing, handling, use.
holding, possessing, storage, Iransport and disposal ol natural and arri- licial radioactive titaterials and radiation devices in respect of any other activity which invoLves a risk or ham arising from radiation.
Exenip- lion ccIu- S I(ThS .1' ttl cica,ancc 4--- (I) Nothing in this Act shall apply to any material or use of any material, which contains radioactivity of less than 3.700 l3ecquerels and if thcrc is no portion on it in which the concentration exceeds 74 l3ecquerels per grain of material.

- (2) This Act shall not apply to ionizing radiation generators of a type approved by the Commission and any electronic tubes such as cath- ode nty tube for the display of visual images.
provided that:- they do not cause in any normal operating etitucli I ions an an)- hient close equivalent rate or it directional close equivalent rate, as appropriate, exceeding (1.0 microsivert per hour at it distance oJ' 0.)

metre from any accessible surface of the ap- paratus: or the max imuni enerey of the radiation produced is not greater than 5 KeV.

(3) Sources including substances, materials and articles within noti- tied orauthori -,'.ed pracliecs may be exempted from further requirements No.
7 •''ic Enecgs 2003 olihis Act subject to cortiplving with clearance levels approved by the Cart mission.

(4) Any exposure whose magnitude or likelihood is essenlially uttamenable to control through the reqtiireinents of this Act is deemed to be excluded From the application oft his Act.

5) Save as is pri n idijd Ibr in this Act.

the Minister may.
the Minister may.

upon the reeoliinietulation of the Commission, by order published in the Gccue, exempt from the operation otany ot the provtstons of this .Act any person or bodvof persons using any material which contains radio- active substances of more than the prescribed limits, or 1kw any other reason or reasons as may dcciii lit.

PART II IFIF TA'sZANIA Aiottc ENERGY CotsstoN 5.


(I) I here is hereby established a body corporate to he known as t,sial,Iish- the Thnzania Atomic Energy ('oznmission which shall seek to regulate IIICIIt of the safe and peacefuL use of atomic energy.
pronwte and expand the the Corn- contribution of atomic energY and nuclear techiiologv to Itcaith and pros- mission penty throughout the United Republic of'l'anzania and shall:- (a) have perpetual succcssk'ti and eonuiion seal; (h) in its corporate name he capable of suing and being sited: (c) subject to this Act.
be capable of purchasing and otherwise acqwrinu or disposirtg any movable or immovable properly and of entering into such contract as may be necessary or expedient for the performance of its functions under this Act or any oilier wri I ten law.

1 here shall be the Board oithe Commission to which the provi- sions of the Schedule to this Act shall have elieci as to its coiistitutioti and procedure and to t)tlier nialtcrs in relation to it.
I he Board shall exercise such powers tar the earning OiLt 01 such activities as are necessary.

advantageous or proper for regulattng the safe and peaceful use of atomic energy, promoting and expandin2 the use of atomic energy and nuclear technology.

Without prcj udice to sub-sect i tit (3).

the ft aid slia II prinmrily oversee.

utonitor, regulate and supervise the implementation by the sec- retariat of the lunctions piesci ibed under sect ion o oft lie Act.
() Save for the provisions relating to the appointment of the Chair- man.

the Minister may.

by order published in the Gazette.

amend.

add to, vat.

revoke or replace any of the provisions of the Schedule.

12 No.
12 No.

7 runctimis ui he Atomic /?ne,i' 2003 6.-- (I) Ihe Cornniission shalt: (a) be responsible to all matters relating to the sale and peaceful use of atomic ener'y and nuclear technolo2y including radio- active materials and radiation devices, with a view to ensuring the promotion of their app] ications and the protection of work- ers.
patients and the public generally from lianii resulting from radiation: (h) advise on policy issues and provide information in the light of currently available knowledge on the proper, safe and peacellil uses of atomic energy and radiation sources, the possible haz- ardotis etThccs.

and the appropriate methods for enhancing the protection of workers, pal ients.
the public generally and the environiTlein from harm by radiation; (e) establish or adopt, in consultation with competent bodies in- side and outside the country, standards of safety for the protec- tion of health and the minimization of danger to life and prop- en>' and to provide for the application and supervision oithese standards in all undertakings or practices involving the use of atomic energy and radiation sources: establish and operationalize or implement a system tbr thecon- trot and authorization through registration and licensing of the nuponation, exporlation, movenient, possession or use ofatornie energy and radiation sources: establish, promote or adopt guidelines upon which its regula- tory actions are based: review and assess submissions on safely from the operators both prior to authorizations and periodically during operation as re- quired: (t) (g) provide procedures for issuing, amendinL'.
suspending or revokinu authorizations subject to any necessary conditions, that are clearand unambiguous and which shall specify the necessary elements as may he provided in the regulations: carry out regulatory inspections and ensure that corrective ac- tions are taken if unsafe or potentially unsafe conditions are detected; take the necessary enforcement action in the eventofviolations of saFety requirements.
which actions include the closure of any radiation related services or radiation premises; Atmnic• f_ne ,1i0 2003 13 (j ) exercise reuulai or control over all itiatters relaling to non ion- 1/itIg radial ion: (k) co-ordinate and make provision for, or cany Out.

or taeili ate the carrying out.


through the establishment or designation of institutions, the development or practical applications ofatoniic energy and nuclear technology for safe and peacet\il purposes, including the production of electric power tising nuclear reac- tors, with due consideration of the safety and needs of the na- tion: prioritize and provide br, or e;-v out, or flicilitate and co-ordi- nate I he carrying out of.

applied research designed to the ii itzne I tic eva I untion.
development or practical applications of atom Ic energy and radiation sources for safe and peaceful pLirposes, and of the modern methods for the corn 'al and niirtiiitiial ion of the harmliil effects of radiation exposure to workers.

patients, the public general lv and the envirolnhlcnt: (I) (in) emahlish and operate a system for the registration at.
and the dissemination of information relating to research lindings tin- der this Act and to proniole the practical applications of those findings for the purposes of advancing the peacetlil and more advantageous use of atomic energy and radiation sources in the United Republic, and the effectual protection of' workers, pa- tients.
the public and the erlvimllnient from radiation harm: formulate and implement proraniincs for the training of per- sorts to become qualittcd expens in the development and prae- I ical appl ical ions of atomic energy, nuclear technolog) '.111(1 I tie use of nidiation sources and radiation protect ion: (in (o) hold or facilitate the conducting ofseiniriars, workshops or short training courses including public education for the safl.'
and peaceful uses ol atomic energy'and nuclear tcehnoLog: p ) promote tint ional and international eo-operaUon or eollabora- ion on the applications of atomic energy and nuclear teehnol- oy already introduced or intended for jut rotluel ion in the I !nitcd Republic: I q) liaise w iii ministries anti the appropriate institutions in order to t'aeiliiare the incorporation into the syllabi of all relevant and appropriate knowledge in nuclear science and technology for the practical applications ofatotnic energyand the related safety and proteclioll during utilization: Loster and titcilitate the exchange of scierti ilk and tech nical in r) Atonuc E,zcnv 2003 fonnation, and the training of scientists and experts iii the field of peacetlU uses of atomic energy, nuclear technology, radia- tion protection, nuclear safety and waste nianagenteni; establish and operate or facilitate the establishment and opera- tion of a system for the control of radioactivity in tbodstutis, animal feeds and the environment: and tbr the management of radloaclive NNnste emanating from various atomic energy and nuclear technology applications; acquire or establish any facilities, plant or equipment usef ul in carrying out its authorized functions, and to solicit or facilitate the solieiiing of litnds for the purposes; advise the Government on the administration of the Interim- tional Atomic Energy Agency Safeguards and other related In- ternational Nuclear Agreements.
Protocols.

Convent ions and Treaties; tontiutate and operate a natiotial radiological emergency plan and preparedness; inspect any rzidiauort practices or radiation premises and wltere there is a breach of safety standards, order the closure of such practices or premises or take action for locking the premises: do anything or enter into any transaction which in Ike opinion of the Commission is calculated to facilitate the proper exer- cise of its fitnctions.
The Commission may appoint such committees as it deems nec- essary for the purpose of advising it on matters relating to its functions.

provided that the advice offered shall not relieve the CoTnntission of its responsibility for making decisions and recommendations.

The Conunission may carry out rcscarch programmes on the pro- motion ol'peaeeful use of atomic energy and nuclear technology at such places and at such times to he determined by it.
For the purposes of carrying out its functions, the Commission shall he deemed to be the controllerof each and every license, or autho- rization which may be required by or under this Act in relation to any matter connected with the radiation protection ol persons and tlte etivi- ronment and the development and use in the United Republic of atomic energy and nuclear technology for safe and peaceful purposes.

For purposes ouhe better perfomianee of its functions.
the Com- mission shall establish and tuaincai ii a system of consultation and co No.

7 4 wane Eneigv 2003 15 opera4m with aiiv OrgaIiiZaliohi.

ilistitution.

person 01 .

body ot persoi5 established by or under amy written law.
vliether or not in ihe I hi lied Republic ofthnzania, whose functions are rehited to ihose alike Com- mission or whose participation or collaboration in the work of the Commission Or any or its programmes is likely to advance the belier and more ciThetive furtherance ol the objects and purposes of this Act, 7.—( I ) '[here shall be appointed by the President of the United Re- Appnii;t- iuiclil and public a Director-General ol the Commission who shall be if qualified expert in anomie energy and nuclear technology matters and who will serve (or a term of live vears and shall he eligible (or re-appointment.
tor Gen- end lie Secie- tjrut (2) The Director-General shall he responsible to the Hoard ftr ihe proper admi iistration and inanagenient of the Ilinctions and aflairs of the Commission in accordance with the policy laid down by the Corn- nhiSsiOil.

Notwithstanding the provisions ol subsection (I).

the President may on his own motion or upon the recommendation (if the Commission remove the [)i reel or-General from that post on any reasonable or sufficient cause or causes.
hillier to the appoi iii nient made tinder subsection ( I ) of this seclion.

the (7oinitti ssioii may advise the Xi mister to make hirther provi- sions lbr I he establishment of Di reelorates.

and appointment ol ii S Di- rectors.

I) There is hereby established a Secretariat olthe Commission which shall subject to this Act he the executive, technical and adniinis- tralive oriaIi oh fl ue Cnussioii.
ciut The Director-General shall head (lie Secretarial and shall be the Secretary to the Board.
lii lie Director-General is absent from I he I Jn ted Republic for a period exceeding three months or incapacitated by reason of illness or fcirany other reason is unable to perform his duties (bra period exceed- ing three months, an officer within the Secretariat shall be appointed by the Board to act in the place of the Direetor-Gerienil during any such period of absence from duty .1/ozenc Enc:içn 2003 (4) the Secretariat shall perform the day to day activities ouhe Corn- missioti and keep under review the progress made in the performance oF the Commissions functions and i lie atlainnient of the objects and purposes ol'this Act.
The staff of Sccrc- 9.—( I) ihe C.ornniission may ironi Inc 10 Inc appoint and employ the on such terms and conditions as the C'omniission may deenTiine such officers and employees as may be necessary for effective performance of its functions.

(2) The Coniinissioti may engage either iciiiporaniy or on such terms as it may think fit persons who are experts in atomic energy and ntietcar technology, subject to such other written Laws.

I'uwcrs to appoint 10.


The Commission may, subject to such conditions as it may im- pose, engage any person or body of persons to theililate I lie appoint- ment of such officers or employees of the Secretariat.

PART Ill C0NTR0I.oF THE USEOF IONIZING RADIATION SOURCES AND INSTALLATIONS a. P,y/;ibitio,z.v relating to the control of ionizing radiation .vozuccv and installano ; s. Prohibi- 11011(1 tIu_usL, posses- cxpon.
stoflige or tranpofl rntliaiic* sources I I.—( I) Except as provided othenvise in this Act, no person shall on or atier the appoi ued day, in pursuance of his undertaking use.

pos- sess, exporl, store or transport any ioni/ing radiation sources unless he is licensed and registered as such in accordance with the provisions of this Part.
(2) AnY person who contravenes, tails or reFuses to comply with the provisions oF subsection (I) of tins section, shall be guilty of an offence and liable on convict ion to a fine of not less than lute mi I lion shillings orto imprisonment fora term of not less than three years or to both that tine and imprisonment and the court convicting hi ni may.

in any appropriate case, in addition to the line or impnsonnient imposed.

make an order for the forfeiture of the source in question.
17 I'rohibi- ttolt Oil adnunis- icring ioniving ra&I i non to CNO- l's IuohiIi lion on the use and posses- sion or pl:ints nut I pptrnt US No.

7 .1toniw E,1 c!r I : 12.— I ) No person shall cause ionizing rudianori to he applied to any person for iliepurpose oldiagnosing ortrcating a disease unless the application is prescribed by a medical practitioner or dentist registered or licensed tinder any written law.
No person shall administer ionizing radiation to another person unless the person administering it is in possession of a valid licence issued or registered under this Act.

.\i who contravenes or wilitlilly fails or reluses to comply with any of the provisions oithis section.

shall be guilty ofan offence and liable on conviction to a tine of not less than live hundred thousand shiLlings or to an i tiprisonnient for a term of not less than six months.

13.
13.

 (1) Except as provided otherwise in this ,\et, no person shall on or alier the appointed day, in the furtherance of his undertaking install, use or possess any plant or apparatus designed lbr: (a) the production or use of atomic energy: or (h) the carrying out of any process which is preparatory or ancil- lary to I lie production or use of atomic energy and wli icli involves or is capable of causing the emission of radiation; or (e) the accumulation.
storage, processing or disposal olradioae- Live waste regardless of their origin unless he is registered or licensed for chat ptirpose in accordance with the provisions ol this Part.

For the purposes of this sect ion, installation of a plant shall include the adaptation ol any plant.

litcilii> apparatus or arty pan out in order to achieve any of the purposes or obtain any of she eiIècts specified in subsection ( I ) of this section.
Any person who contravenes, or willfully fails or relitses to comply with any of the provisions of this section.

shall be guilty of an offence and liable on conviclion to a flue of not less than three lIon shillings or to i nipri sonment for a tcrtn ol not less than three ,'Jro,nic /:'nc'igt 2003 years or to both that tine and imprisonment, and the court may, ill addition to the fine or inipnsonmcnt inposed, make in order for the forfeiture of the plant or the apparatus in question.

14.
14.

- (1) Except as provided otherwise in this Act, no person l'rohibi- (iCR 00 shall afler the appointed tlay, import or cause to he imported into 'kin- iniporta- ?ania any nuclear installation.

material, plant or other apparat LIS which nil c car is intended to he made into a source of radiation.
unless lie has insiatl.t- irevtously complied with the provisions of this Part which relate to liolls iniporters and the importation of nuclear installations, and as such ra- diation devices to be imported shall comply with the specifications set on t by the Commission.

For the purpose of this section.

the importation of an article, substance, material or part alan apparatus which, on being incorpo- rated into or fixed.
attached or conitectcd to any existing plant or instaL- lation, would result in making the plant or installation a source ofioniz- ing radiation, shall be deemed to be importation ofa nuclear installation.
Any person who contravenes, or willIully fails or refUses to com- PLY with any of the pro'isions of this section shall he guilly of an of- fence and lial,le on comiclion to a line of not less than three million shillings or to imprisonment for a tcnn of not less than three years or to bath than tine and imprisonment, and in addition to t lie tine or i niprison- ment imposed, a court may make an order for the forfeittire of the nuclear insta I lzi tion in (Itlest on.
I5.—( 1) No person shall operate or hold himself as qualified and Prnlnbi- 114M1 - capable oloperating any apparatus, facility, plant or installation or any uperaniofl atnuclear part ofanv apparatus, facility.

plant or installation, which is or consists sta ha- ofa source or sources at ionizing radiation unless he is a quali lied cx- pert and is duly registered as such in accordance with the provisions of - - dons this Part.
(2) No user shall employ, permit orothetwise cattsc any person who is not a qtialilied expert to operate any plain, installation or apparatus, or any part at' which constittites his tindertaking.

No.

7 Atomic Eiugv 2003 19 (3) Any persoti who contravenes or fails to comply wihi any or , the provisions of this section.
shall he gui fly ol an otTence and liable on conviction to a tine of not less than live hundred thousand shilIinis or to imprisonment for a term of not less than six months or to both that tine and i rnprisonnient b. Piviisiij,zs refitting In awhiwization.

Prior 10 the granting of an atithorizatioti.

the applicant shall be required to submit a detailed demonstration of salèty.
which shall he reviewed and assessed by the Commission in accordance with clearly ' de lined proced tires whereas the extent of the control applied si tall be coIllIlleilsurate with the potential InagnitLice and nature at' the li;iiard presented.

- Sulmiis• Sionc't occaikd cleifloil- iralic,n c'iaièt' (I) Every person wislnnt to import.
export, store or transport Licensing - or whose business consists of the importation, exportation, storage or transportation ot any apparatus, article, plant.

installation or other ma- flcrs.

terial or substance which is a source or is intended to he used for the alit purposes of an unklertakilig in•olviiig the cinissitirl ot'radiation, shall do so only a fler securing a licence issued to him by the Commission iers tinder this section.
exporiers lritsnor- (2) A licence may be issued tinder this section upon an application being made to the Commission in the prescribed forni and payment of prescribed Fees.

ftc licence issued under I his sect ion shall be in the prescribed form and shall contain such part teulars in relation to the licensee and (he article or other material to be imported as may be prescribed by the C. om ii) 55 iOn.
In considei - i119 vlteilier or riot to want an atttltorization under this sect ion, the ('onintissiori slia II take into accouni i lie number of persons individually importing sources (if radial ion, and in the case at an applicant who is a user.

whether he has fulliLlcd any requirements prescrled in respect of such applicants, by the ('ominission.
(5) The Commission may issue a licence under this section subject to such condil ions or I imitations as it may deem lit or necessary to impose in any particti ar ease and shall prescribe in the (Ja:cue the requirements to be met by the licensee or the applicant.

.11omi<' F;;ergy 2003 (6) Any applicant shall he required to lulLill all the requirements prescribed by the (:ornmission by otder in the Gccetee.
t.icensing ut'users 1&.—( I ) Any person intending to become a user shall he required to secure a licence issued to him by the Commission under this section permitting him to do so.

'fhe provisions of section 17(2).

(3) and (5) of this Act shall also apply to applications for and the grant of licenses tinder this section.

A licence shall not he granted under this section to any person other than a body of persons.

corporate or incorporate, and shall not be transkrahle.
A licence granted under this section shall expire upon it speci- fled period and may be renewable alier fulfillment of the safety require- ments prescribed by (lie C'omniission, Autliori- /aI ion ('I quaii I L'\peI1 tteiscra- lion of fli ObI I C raidiation ck'iccs 19.
(I) Even' person intending to carry out a practice that involves die administering of ionizing radiation to persons, shall before doing so acquire a rcuistration or a Ii ence ironi the Cotnitu ssmn allowijtu lnin to administer ionizing radiation for the purpose of diagnosing or treat- ing a disease.

- - (2) The Commission shall.

in consultation with competent bodies.

establish a system for the authorization of qualified experts to adminis- ter ionizing radiation to persons.
and in doing so the Commission may require such persons to perform qualifying I ests in radiat ion protectiohi by the Commission or institutions designated by it.

20.

- (I) \Vitli effect from the appointed day, no person shall:- (a) (I,) keep.
or cause or permit Lobe kept, mobile ionising radiation devices ofanv description for the purpose of its being used in the deliven' by him of services to which this section applies: or use, lend or let on hire, or cause or permit to he used, lent or let on hire.
niohi Ic ionising radiation devices of any descrip- tion in the course of the delivery by him of any such services, unless lie is registered under this section in respect of that apparatus or is exempted from registration under section 21 in respect of mobile ionising radiation devices of that dc- scription.

 No.

7 .1/mule E,,erer 2003 21 Every app!

icaflon icr registration tinder this section shall he made to I lie Coniinission.
speetfying I he mobile ionising radiation devices to which the application relates, and Ilic nature of the senices to which his seci ion applies in the course ol which the appa- rants is to he used.

lent or let on hire, and containing such oilier infonnacion as the Minister may.

by regulation, prescribe.

Where an application is made lottie Commission for registration under this sect ion in respect of any apparatus.
the Commission may register the applicant in respect of that device, either ttnconditionally or subject to such I imitat ions or condil ions as the ('omnlission may see ut.

or may refuse the application.

Where the ('omrn ission has granted an application for the registration ot'anv person under this section in respect 01311)' mobile lousing radiation device, I he Director-General shalt furnish hi iii with a ccrti icate containing all material particulars of the reglstralltiil.
21.—(l) 'Ihe Coruntission is hereby exempted from registra- It xciii p - ion wider section 19 of this Act in respect of any mobile ionisiilg tio:i trom radiation device of even' description that may conic into its posses- sion or under its control in the course of the pertbrrtiance of its func- ticcnsintz tions, under sections 17 and IS in respect of import.

export, transport.

Iransil, use or possession respectively.


(2) No person or botly of persons shall apply for registration or licensing as a person using iornzing radiation if the activities of us tindcrtaki iii involve the use (a) radioaelive substances of a concentration of less than 74 Beequercis per grant for unsealed sources.

the limit being in- creased to 3.700 llecquet -els per gram for seated sources; (I,) navivatiou instruillenIs or timepieces containing radioluminescent paint.
biti not their manufacture or repair ex- cept as provided for in pztraraph (a); (c) a device emitting ionizing radiation and containing radioac- tive substances in atnotnils greater than the values sped lied in paragraph (a), provided that W- is of a type approved by the Commission: possesses advantages in relation to the potential hm.ard at' the ionizing radiation it emits such that, in the opin- ion of the Commission, justifies its use; 22 No.
7 Atomic Eneigp 2003 it does not cause at any point situated at a distance ofa tenth ofa metre from the accessible surthee of the device and under normal operating conditions, a dose rate exceedi ig one microsievert per hour.

The Minister ma> upon the advice of the Commission, by order published in the Gazette, grant türther exemptions from regisira- lion tinder this Pan.

by reference to such categories of persons.


and such descriptions ol radioactive substances and mobile ionising ridia- lion devices, as lie may spcci ly in the order.

Except as provided for tinder subseetion(l).

any exemption tin- der this section may he ranlcd or contirmed subject to such lirni- tations or conditions as may be specitied by the Minister.
Liability of '""' 22.—( I ) Even' Licensee to whom this section applies shall he rc- 11w ensuring that no radiation entitled as a result of the carrying on of his undertaking on his premises, cause any harm or in- jury to any person or damage to any property which is on the premises or elsewhere subject to subsection (4) of this section.
No person other than the licensee to whom this section applies shall be under any liability in respect ot'any harm to any person or any damage to any property causcdby any radiation to which subsection (I) app' ies.

No Licensee shalt incur any liability by virtue of subsection (I in respect of any radiation whose emission, or I he causing of any hat-rn to any person or any damage to any property by their emission, is attrib- utable to hostile action in the course of civil strife, any armed conflict.
including any armed eonllict within the United Republic of Tanzania.

Whenevera physical or mental disability occurs ma person.

and which an approved medical practilioner: (a) ascribes to radiation exposure, the disability shall he presumed to have resulted from exposure to radiation from a source of strength sullicient to give rise to such disability; (h) ascribes to radiation as well as to other causes.
the following factors shall he considered for the purposes of establishing the cause of the di sabi ity, namely: No.
7 (I) Atomic E,wrir 2003 23 ifthe disability is ofa nature known to be capable of be- ing caused by either radiation or any other caUse and it appears that the person may have been exposed to a source of radiation of a strengi Ii sufficient to have caused the disabilitc it shall be presumed that the disability, arose ri-cm one or more of such exposures if no record c't per- sonal exposures have been maintained to a standard ap- proved by the Corn fl ission; I I' the disahi thy is of a nature known to be capabie of arising front radial ion and from any other possible cause.
and there exists it personal radiation exposure record in respect of that person which indicates thai there have occurred in relation to him exposures in excess of the reeouririiended dose limits, it shatl he presumed that the disahi I itv occurred as a result of that radiation expo- sure: if the disability is of a nature known to be capable of arising trotii radiation and from any other possible cause, and there exists :m personal radiation exposure record in respect ofthat person which has been maintained to a standard approved by the Commission, it shall he pie- surmied that t he disability did not arise from radial ion exposure if the record indicates that the exposures have been within the perniissrhlc Iintiits on all possible ocea- skins of exposure.
23.-4 1) Su1;cct to the provisions ot this Act.

every licence issued under this Pan may be moditied in its terms.

suspended or re- yoked.

(2) The Ni mister shalt make regu tations provitting Iir I lie ci mumi)- stances and occasions on which a Licence may he niodi lied .suspended or revoked, and tbr the consequences ol' each of those events, and the procedure for the appeal against the decision made under this section.

shall be the one provided for under section 26(3) of this Act.
\ioiJilou- ji tnt 51011 and revo- ot ;r!'.

c. I',y,t'Lviu,,.

I?eIothzg to Records which all records of users shall be kept.

24.—( I) [he Director-General shall keep and maintain a register in ltcistvr ol' users and mo- bile de- vices Atomic Enenv 2003 The register kept by the Director-General shall be in the pre- scribed torn) in which he shall enter and maintain such particulars in relation to users as the Commission may prescribe.
Any person intending to use or administer ioTiizmtz radiation shall he required to submit his particulars to the Commission forverification before registering him under this Act.

The Director-General shall, at least once in ever)' calendar year.

publish in the Gazette the particulars as lie may deem 111 in respect of even' person whose records are kept in the register.
Where an authorization granted to any person under this Part permitting him to use ioitiiing radiation is revoked, the particulars of that person shall he deleted from the register.

The Director-General shall cause to be kept and maintained a register of mobile devices.

Register of qu,ihhcd experts 25.—( 1) the Director-General in collaboration with any competent institution shall keep and maintain a register of' qualified experts oper- ating apparatus.
installations and p1 ants in undertakin s ow ned by a user.

As sooti as practicable after the C'ommission has accepted the application of any person for registration as a qualified expert tinder this section.

the Director-General shall enter in the retister in respect of thai person such pariiculars as the Commission may by resolution pre- scribe.

The provision of sub-section (2) of tins section shall also apply to persons undertaking repairs.
TilaiTlieliartue and itisi allal ion of rad ia- tion devices, plants.

and apparatus.

All changes in tile particulars registered under subsection (2) of this section, shall be entered in the register by the Director-General.

the Director-GeneraL may, with the general or specific approval of the (.OhiitttiSsiOn rectify any clerical etrors in the register or other document containing extracts from the register.
26.—( I ) The Commission tnav, tbr the purpose of this Act, at anytime remove or vary parttetilars of any tiser from the register and assign reasons.

Removal or vanu- tion of panic"- tars No.

y Atomic Entrgv 2003 25 The Commission ina\ on canceling or vatying particulars tinder this section.

give not ice to I hat person.


Any person aggrieved by the cancellation or variation of his par- ticulars from the register may within sixty days appeal to the Minister whose decision on the matter shall be final and conclusive.

Every user shall have the duty to keep records of his practice in Duty to a format prescribed by the Comniissioii.

 kccp rccud.

PARt IV C:ONl Rot.

or RADIOM'FtVFJ V IN PO()DSI UI IS The provisions of this Part shall be read together with the ii •hinzania hxxJ.
Drugs and Cosmetics Act.

2003.

 Save as is provided for under this Act.

the Commission shall, in consultation with the Tanzania Food and Dru2s Authority and other - competent msl.itulions.

establish a system desianated I or the control ot radioactivity in foodsttilTs.

 - T.ii,z;jiii;, Drtit' t \, '<0.)

'p CUI trot ii D; io.


.d,tt,tic It shall he a requirement under this Part ot'this Act for any maru- ttepiire- facturer, importer and exporter of Ioodsttiis specitied in relevant regu- lations to obtain a riidioaetivi V ati:ilvsis ecrl i (kate from the Conunis- sion before the said food is imported into the countiy or exported out ul anah'sis the country or distributed lbr human and animal consumption.
tI\ltV iuit For I The system, as established under section 29 of this Act, shall ensure that exports and imports of loud is stutfl are screened or analysed Anatyss for radioactive materials contamination imported into the country or exported or distributed for human and animal consumptions.

 live (2) The Commission shall analyse and issue a radioact lvi Lv analysis " - .

 .
.

 ' etsitriflhl- certificate in respect of every food sample representing the consign- merit iii quest ton.

.•f&nnic E,icçrr 2003 3) Where the Coriiniissiort is of the op1 nion that i lie food analysed is not lit for human consumption, due Ic the detected high levels of radio activities.
it shall tbnvard the radioactivity analysis certilIcate for consideration and linal decision to the Director-General of the 'l'anza- nia Food and Drus Authority established by the Tanzania Food.

Drugs and Cosmetics Act.

2003.

Act No.

I of2003 (4) All customs and port authorities at all entry and exit points in collaboration with the Commission and the Tanzania Food and Drugs Authority, shall bear a responsibility to ensure compliance of this Act.

PART V RADIATION PROTECTION.


PhysicAl, PROTCC'FION, Nt,:C'LrAR SAFETY, RAOIOAC1IVU \VAsi1 NIAN,\GLMLN'F AND E%lLRGLNcvPRcm\RLoNcss 32.

It shall be the duty ot'every ttser to monitor.

measure.

verif' and ell"M sut'ctv record values, parameters arid t'acts with an intpaet ott nuclear safety, radiation protection, physical protection and emergency preparedness, to the extent laid down in the regulations made tinder this Act.

33.
33.

(I) Subject to the provisions ol this Pail, with el'iect from the appointed date.

no person shall, except in accordance with an authori- zation granted in that behalf under this Part, accumulate, with it view to subsequent disposal.

any radioactive waste on any premises which are used 11r the purposes oF art undertaking carried on by him, or catmse or pen'nit arty radioactive waste to be so accumulated.

II' he knows or has reasonable grounds for believing it to be radioactive waste.
(2) For the purpose of this section.

where radioactive material is produced, kept or used on any premises, and any substance arising from the production, storage or use ol thai mitaterial is accumulated in a part of I he premises appropriated lbr the purposes.

and is retained there For a period ol' three or more months, that substance shall, unless the contrary is proved, be presumed: to he radioactive waste, arid to be accumulated ott the premises with a view to its subse- quent disposal.

34.
34.

(1) Subject to the provisions oithis Part, as from the appointed day, no person shall, except in accordance with an authorization granted Accumuru- J?J Disposal of radtoac- nyc waste No.
7 :Jto?flic Encrgs' 2003 27 in that helial I under sect ion 35 ci' this Act, dispose i lany radicac- live waste on or from any premises which were used for the purposes of an undertakiiig carried on by him, or cause or permit any radioactive waste to he so disposed of.

if he knows or has reasonable grounds for believiritz it to be radioactive waste.
Where anyperson keeps any mobile radiation device for the pur- pose of its being used in the provision of services to which section 20 or this Act applies, lie shall not, cia or a fler the appointed day, dispose or any radioactive waste arising From any such apparatus so kept or cause or pcniiit any such radioactive waste to be disposed of, except in aceor- (lance with an authorization granted in that behal I' under this Part.

Where on or a tier the appointed day any person.


in I he course of carrying on an undertaking, receives any radioactive waste for the pur- pose of its being disposed iL lie shall not, except in accordance with an authorization granted in that behalf under this Part, dispose ot'that waste, or cause or permit it to he disposed of.

knowing or having rca- sonahle grounds lbr believing it to he radioactive waste.
iRe disposal of any radioactive waste shall not require further authorization, if it is waste, which falls within the provisions ofan au- ihorizisuon zranted under subsection (I) or (2) oIthis section.

35.-HI )liie powerto grantauthorivanoris under seeiioii 33 cr34 in Auihoniy respeel 01' I he aectinitilat ion or disposal of radioactive waste on or from ni ecu.

any premises used br any undertaking by any user shall he exercisable by the Commission.
itsai of radioce- live WUStC I3etbre Qratitina its authorization, to which sections B and 14 - relate, the Conuntssion shall consult with local authorities, water unIt- zation.

river basin or other public authorities as appear proper.
An authorization may he granted either in respect otradioaetive waste generally or in respect ot such one or more descripi ions 01' radio- active waste as may be specified in the authorization, and any such authorization may he granted subject to such limitations or conditions as the Commission may impose on granting that authorization.

Upon granting an authorization, the Director-General shall:- (a) furnish the person to whom the mu hiori,ation is granted with a 28 No.
7 .1tmnic Energy 2003 certiticate containing all material particulars of the authorization; and (b) unless, for reasons of national security, it is in the opinion of the Commission necessary that knowledgeof the autltorizatioii he restricted, send a copy cifche certiticate to local authority in whose area the radioactive asle is to be disposed ofor accu- niulared.

and to any other public or local aticlioritv consulted in relation to the application for the grant of the authoriniion.
36.—( 1) [he Comniission may at any time, either on its own mo- Revoca- lion or tion.

or on the directions of the Minister, revoke or vary any authoriza- varltIltlll ol ilUtIlc) riation I ion granted under this Part and assi nil reasons.

I._.pon the revocation or variation of an authonzalion.

the Conuiiission shall give notice to the person to whom the authorization was granted.
and ifa copy olilie certificate of authorization was sent to any local authority, shall send it copy of the notice to that local authority.

37.

(1) The Connnis.sion shall require the Licensee to obtain ad- Eacitiiics for sale equate facilities for the safe management ot'radioactive waste.
manage' Iflcflt (II (2) There shall be established a Central Radioactive Waste Manage- rddloac- meat Facility known by its acronomy as CRWMV which shall serve as tnt %lsiL a Nal ional Centre tr the collection, chat acterization.

condit i >ning.

seg- regation and generally the sate management of radioactive wastes.

Where the Commission proposcs tO arrange br the safe manage- meal of radioactive waste, at a C'RWMF or disposal, it shall, before carrying out such undertaking.
consult with any local or public author- ity in whose area of jurisdiction the place would he situated.

[he Coninti ssion may, abler consultation with the Ni mi stcr, make charges for the use of any Icilities established under subsection (2) of this section.
If there is radioactive waste on any premises and the Commis- sion is satisfied that the waste otight lobe disposed of but by reason of the premises being unoccupied, or the occupier being absent or insol- vent, or for any other reason it is unlikely that the waste will not be lawfully disposed orunless the ('omnussion exercises its powers under ilik subsection, the Commission may dispose of that radioactive waste as it deems fit.

No.7 .
No.7 .

'It<mdc Ene?gv 2003 29 the normal exposure of individuzils shall be restricted so that neither I lie total ettëctive (lose nor the total equivalent dose to relevant organs or lissucs caused by the possible combination of exposures from authortzcd practices exceeds any relevant dose limit specified in regu- lations made under this Act.

l)tse liriiit Priorto theestahlishiiient ofa nuclear installation hvanvperson Nuclear catetyand or body of persons.
the Comnussion shall ensure that an appropriate system is put in place to ensure nuclear safety and physical protcetioti.

rtIn The Minister shall alter consultation with the Commission make and publish regiitai ions in the Gt,:eue requi nrig persons or categories li;itnlity of users to make provisions either by iristinince or by such other means as may be specified.
for the purposes of making available al all limes tbnds sufficient to cover any claims which may be estab- lislied agatnst those persons as licensee, in respect of any injury to any person or damage to aiiv property caused by radial ion emanating tioni the activities of their undertakines, licensees I) The Director-General upon consultation with the Board.

skill make arid ptibl i slu iii the G,cei' rules relating to emergency pre- paredness and, in particular.
the procedure and manner of dealing with the accidents involving radiation sources or in connection with We use iwcpirca- of sources in any premises or an occurrence of any such class or de- ue eencv Radio- lu!ieal seription as may be prescribed.

(2) Without prejudice to the gcner;ulity of iltepcswer conlerred by subsection ( I ) at' this section.
the files may include provisions re- garding: (a) the reponitig and the procedure foi'the reporting theoceurrence; (h) the person or per-soils to whom the ri -port is to be made: consequences on any person of not rcponirig the occurrence: the inspection of the premises where the occurrence had hap- pened: and (c) matters connected with legal proceedings resulting from such occurrences.
(3) Every authorized person shall notify' the Commission and any relevanl intervening institutions promptly when a situation requinng protective action has arisen or is expected to arise and shall keep them informed oft Au irne Enczxv 2003 the situation as it develops and 110W it is expected to de- velop; the measures taken tbr the protection of workers and members of the pLiblie: (e) file exposure that has been incurred and that are expected to be incurred.
(4) Repoils of occurrences of the nature to be provided for in the rules shall, except where the Director-General considers it in the inter- ests of national security to restrict their publication, be made public in such manner and at such times as he may prescribe.

Liabi lit)' 42. lor purposes cithis Act, any department of Government.

public of public or statutory corporal ion, hoard.


local overnmenl authority or other nnihori- public authority, which for the purposes of furthering its functions uses , or is reqinred to use radiation shall comply with the provisions ci' this radiii hin Act in the same manner and to the same extent as any oIlier person cc U fCC usi itu radiat ion and the heads of those inst it utions shall he held respon- and instal- sible lbr itcut conipi lance.
tat ions PART Vi (?owTRoIoF RADIATION EXPOSURE FROM NATI.

;KAL Souc€s [lie Mi- ning Act.

 Act No.5 of I 9% 43.1 lie provisions of this Part shall he read together with the Miii- in Act.

1998 and the reizulations made thereunder.

- 44.


The ('omnussion shall establish a system designated for the de- termination and control of radiation exposures associated with natu- rally occurring radioactive materials including mininu activities and pro- S y St CIl tor ilic cinIroI of natural ri- di at i on cessinu of radioactive ores.

exposure GuicLince Icvel'',iricl incur' of natural qnirces 45.
The system established under section 44 above shall ensure tluit (a) giti dance levels jar the eva) ua lion ol nat tint I rad at oit expostirc of people are established and enk reed: (b) systematic measurements and evaluation of the content of natu- ral radionuelicles in all environments with natural sources are made and tIme related risk assessed to enable intervention levels.

 No.
No.

7 .4tnmk' Ezwsxv 2003 31 l'o"cr to (I) The (:oniinission shalt have power to enter, assess radio- lion hazards and establish a monitoring programme in mines, radinac- C'TJfld Live ores, processing plants and any other activities involving naturally occurring rattioacrive materials.

hazun!% (2) In exercising its powers under subseeiion ( I ) of this section.

the Commission shall specily procedures for radiatli.in sal 7 ty of workers and proper disposal ol' \vastCs.
\Vtiere natural sources are intentionally and consciously uti- Manage- neni o!'

pi;,:uril lized.

including mining and processing of uranium ore tiliect to any written laws, their management shall be subject to the provisions oil his Act to the same extent as that of other ionii.ing radiation sources.

T1IF,C0N'iROL.OF DLVICLS PRODUCING NON IONI7INC; RADIAl ION PART VU The (.ommissron shall, in consultation with otherconipetent bud- leg, establish a system for authonzation oitlie use of plants.
apparatus non and devices, which emit non ionizing radiation above levels prescribed ioni/ing radi:iiion in the regu liii ions.

 SOUIVes Authori- zanoii of 49.
'I'heC'onunission shall he responsible for inspection and surveil- lance of all activities involving the use or emission ot' non toni/mu ra- (harlan and shall:- - pnivide salinyinstructions and 1uidanectoinvestigatorsand users of equipment capable ol emitting non ionizing nidiatiori provide feedback in the form of survey or audit reports to users to facilitate the use of con -eeL procedures in the use of non ionizing radiation sources: and take enforcement measures to ensure the sale use of non jonizinu radiaiion sources.
50.

All sources of non ionizing radiation shall he handled in aecor- dance with the provisions ol this Act and the regulations macIc under section 70 thereof.

lnspcc- Iii" and ',until- I taaiiig ('I sc 'U recS ofnoll uuu'Zing radiai,cn 32 No.7 ;ltomic Energy 2003 PART VIII li-it: PR(AtUI ION Ui AIO.MIC ENERGY AND Nun FAR TECHNol CXIV 51.
It shall he the responsibi I ity of the Commission to design and Promotion of atomk maintain a system aimed at ensuring an effective and proper promotion cncrgy and olsate and peaceful utilization olatomic eflerQy and nuclear technol- nucicar icchnolc.gv ogy in the United Republic.

-.
-.

Allocation or 52.—( I) For the purpose of this Part, the Commission shall allocate its resources in such a manner as to secure efficient atomic energy and nuclear teelmology utilization and the greatest possible benelits to the general public.

1 lie (onhrilission may enter into 1)311 nership with any institution or organization inside and outside Taiiiania on the development and practical application ol atomic energy and nuclear technology t'or peace- titl purposes.
The CoTnrnission shall make arrangements to secure the neces- sary financing Ironi sources within oroutsRle the country or solicit and arrange for the supplying of any material services.

equipment.

and fa- cilities to any institution or agency for research.

development or practi- cal itt ili ntion o latomic energy and nuclear technology and that it may set forth the terms and condilions.

on which any of these resources may be disbursed, distributed or given to such institutes or agencies.

53.
53.

Any person or body of persons.

wishint!

lo earn' out an tinder- taking or project involvinu research.

development and peaceful utiliza- lion of atomic enerev and nuclear technolouy with own resources or assistance l'rotn within or outside the Un ted Republic.

shall submit to I lie C:o,nmissior.

with project plans 11 nd relevant agreements.

an appli- eat ion for approval to do so.


and I hal in consideri rig such approval the Commission shall take into account how radiation protection, nuclear safely and radioactive waste management issues have been addressed in the project plans.

Approval itproicct o iu Ii, at on vi atomic Tra,sietor nuclear 54.
In order to ensure the efficient and effective co-ordination of the transfer ol' nuclear technology and the peaeeliil utilization of atomic tcchnotogy energy, the Commission may as soon as practicable establish oracquire the following:- VA Atomic Eneno' 2003 plani s, equipment a rid lieil i lies kit die receipt, storage and issue or Lrzinsportalion of radiation sources or nitlioaetive iiiateriak adequate health and safety measures: (e) control laboratories for the analysis and veritication ot saietv in 11w various radial loll practices of alotitie energy uti I izar ion undertakings.
55 \Vhere the c:omniission III cOtIStill8tiOii VitIi the Miii 51cr con- siders that the United Republic interest requires that it is necessary that the development of atomic energy in the United Republic be fully and ettecuvely utili7ed, it shall recommend to relevant ministry or minis- Irics to establish ilirnugh an Ad ci Parliament or designate national instilutes or agencies br ellicieril research, developTIletit and practical application of atomic energy and nuclear technology in undertakings such as nuclear power, food irradiation and the like.
Establi5h- flienl of institutes or :uzepieies PART IX 'ltlEOPEt(ATIONS OF THE CO\I\IIssioN R€uvirc 10 ltAulAlIo\ t'nui LC I ON SLRVICLS.

56.

(1) For the purposes ol csiahl islilug.

I tianitaini ig and operat- ing radiation protection sen'ices.
the Commission shall establish it sys- tern which will t'aei litate the:- Ritli:iiiiiii pTOICC Ii' , ,' "Cr' 1C1r4 (a) (h) (LI) determination ob' the extent of exposure to radiation (if the public generally and, in particular of radiation workers, pa- hefts, students, persons employed in research and teaching escablisliiiients and in hospital and dental surgeries, and as- sess the risk oldisahility ascribable to such exposure, subject to the provisions of this Act: examination.
if deemed necessary by radiation sakty in- spector of all premises in respect of which a licence to install or use apparatus emitting radiation is in force and all places in respect ot which autltori,at ions have been granted for the accumulation or disposal ofntdioaetivc waste correct and accurate appraisal of the extent of radiation exposures in the couniry: proper collect ion and dissemination ofinforivalion and advice to the public, and to licensees in particular.
regarding measures necessary or desirable to he taken to reduce exposure to acceptable or prescribed limils; 34 No.7 Alomic Enwgr 2003 (e) (t) (g) effective and efficient operat loll ol a nat junat eiiierencv response and preparedness programme which is linked Lottie international conventions on early notification in case of a nuclear accident or radiological emergency and that on request for assistance in case of a radiological emergency or any other relevant convention to which the United Republic is a party: operation of a national coordinated radioactive waste mati- agement programme: radiation safety and quality control of radiation and devices radiation premises through inspect ions and quality assurance cheeks.
(2) In addition to the provisions of subsection ( I ) of this SeCtiOn.
the Commission shall make arningeincifls in lhci lilate the establishment and maintenance of personnel radiatioti dosimetry services by providm:- (a) (h) (e) personal radiation measuring devices to be worn by indi- viduals occupationally exposed to radiation: a reporting system for the Inaintenanee of adequate records of personal radiation exposure nieasurcments, making it possible for it to report to the Commission and to licensees at suit able intervals on the in ft'rtnat ion contai ned in the records:a and early or efficacious warnings to individuals who have been or are likely to be subject to overexposure.
(3) The Commission shall designate or establish and maintain a National Calibration Laboratory for Radiation Dosimetry for the pur- poses cit:- ensuring that national dosimetry measurements are linked to the existing and approved international measurement system; performing standard calibration of radiation survey insrru- menis employed in individual or area monitoring programmes: and providitig training in radiation measurements.
(e) (4) Every licensee shall he required to:- (a) make available an adequate number ol survey instruments thr area monitoring at radiation work place; and No.

7 Atomic Energy 2003 35 Appoi lit - nicnt intl ltiiic of R,ttliat II Ill S.tUy Of- Iiers (b) send the radiation survey instruments to an approved dosim- etty laboratory at least once a year and every after its mainte- nance or repair for calibration.

(5).
(5).

[he radiation prolection services provided for under this Part may he rendered upon payment ni fees to the Conrntission.

57—( I) Every user shall.

after consultation with the Director-Gen- eral, appoint a qualified expert eniployed by him lobe a Radiation Safety Officer in relation to his undertakintt.

For purposes of this section.


where an undertaking consists of aelivities carried on in two or tiiore dilferent premises, and the carrying on of the activities in such premises involves the use of ionizing radia- non, there shall he appointed a radiation saibly otlicer in respect of each such premises.
It shall he the duty ofevery Radiation Safety Officer appointed under this section to:- (a) (h) advise the userappointing him in all mailers pertaining to the protection of workers, patients.

the public and the environ- nient from radiation: advise the user regarding formulation, the observance and en- forcement of local rules for the prot .
(ion ol workers, pa- tients, the public and the environment train ionizing radia- tion; advise and liaise with the Commission regarding the imple- nientation of radiation protection measures at his work place; and assist the Commission in the enlorcement of the provisions of this Act in relation to the undertaking in respect of which he is appointed.
58.—( I) Every Radiation Safety Inspector, in the exercise of Ins duties under this Act, shall have power to: Powers or' Radiation S;ilëiv In- make such examination anti inquiries as may be necessary to ascertain that the provisions of this Act are being complied with: examine, eitheralone or in the company of any other person or a police officer.
any person Willi respect to any matter Right Iv enter and IflSJX•I_I Iiomic L/IC?Kt' 2003 connected with the enforcement of this Ad, or require such person to he so examined: take or confiscate any device or document or an thing relat- ingto radiation safitv inspection for the purpose of establish- ing evidence against any contravention of the provisions of this Act: and do such other act or thing necessary, expedient or desir- able for the eftèctive carrying into effect the provisions of this Act.
(2) Every Radiation Safety Inspector shall bear an idei ti mv card is- sued and signed by both the Chairman and the Director-Cieneral of the Commission for the purpose of authenticating him in the course of his duties as an inspector.

59.

(1) Subject to the provisions of this Act, and of any other writ- ten law, a Radiation Salèiv Inspector or other authorized officer in the course of his duties shall have the right to enter any premises.

vehicle.
vehicle.

vessel or aireralt or an thing to verify that all legal requirements arc being complied with and upon such entn require the production of any licence orcei'titicate aulhoriziTiu the use, possession.

installation ortrans- portation of any source or sources concerned, and has the right to scru- tinize any register, notice, book or any document kept or required to be kept by the licensee in pursuanceofihis Act or any regulations.

rules.

directions or oilier provisions made or issued under it.
(2) Ivety owner or occupier, and every agent or employee of the owner or occupier of any premises.

vehicle, vessel or airerahi in or on which there is any source installed or waste accumulated, disposed of or hei rig transported or abandoned shall upon demand by a Radiation Safety inspector in accordance with the provisions of this Act.

furnish the means required or necessary lo facilitate the cntn', inspection, ex- amination.

inquiry, the taking of samples and any other act.


C'ontidcn- 6(L—( I) Every Board Member, Member of the Committee, Radia- ualn and tion Sat'ety Inspector, even' employee ol' the Commission.

authorized hiot officer and the Director-General, shall treat ac confldcntial the source of any information which contes to his knowledge in the course of the performance of his duties, and which is ofa type ordinarily considered as being subject to professional.

commercial, trade or tndtistnal secrecy.


lion (2) the provisions of this seetioii shall remain in force in respect t,fail persons to whom they relate whether or not any such person has No.

7 .4toaiw Ene;g' 2003 37 ceased to he engaged or etttployed in the titrilierance of the acliniitistia- tion of the provisions of this Act.

('ART X FINANCtAI RESOURCES OF TIlE (N)MM1SSION 61.
[lie funds and resources olihe Commission shall consist of the Ibliowing: Fuinis of the lIii.SlOn (h) (C) (a) such sums as may be appToprialcd by Parliament: such SUmS accruing to theCommission by way offeesorotlier payments charged in respect of any services rendered by the Coin mission: such stuns accruing to the Commission by way oldanations.

erants.

beqticsts or loans as the Commission may from time to time receive t roni a iv person.
organi/alion or istitut ton; (d) such other sums or propertY which may vest in the Conirnis- sion under this Act or any at her written law or which may vest in the Commission in any other manner in the perfbr- rita nec Of its furici lot is.

62.—(l) Funds of the Commission shall he managed and controlled Manage- by the Board which shall for that purpose he answerable to the Minis- ter.

subject to subsection (3) obihis section.


mclii anti etinhTolof Funds (2)'Fhe bunds shall be applied 10 meet the expenses of the Conunis- skm.

(3) the Minister may from time to time issue directives in writing regulating the use of the funds.

and shall, alier consultation with the Minister for Pinance, make rLIles providing for the manage- ineni iii the funds and lor the audit oft lie accounts .0 the fluid_s.

63.
63.

(I) >.ol less than tw i months before the hegi nning of any Li- A,,iiu,tt nanciat year the Board shalt at its first meeting especially convened nut for that purpose.

pass a detailed annual budget of the amounts respec- tively: budgets expected to be received: and expected to he disbursed by the Commission during the finan- cial year.
(2) If in any financial year the Commission requires to make any .1/antic Energy 2003 disbursement not provided for in the annual budget for the year.

the Board shall meet and pass a supplenrentary budget detailing the dis- bursements.
flie annual budget and every supplementary budget shall be in such a form and manner and shah I include such details as the Minis- ter may approve Forthwith upon the passing of the annual budget or any supple- rnentary bud L'cl , the Board shall submit to the NI mister 1 he budget for his approval.

'[he Minister shall, upon the receipt of the annual budget or supplementary budget.
approve or disapprove it or approve it subject to such amendments as he may consider lit, \Vherc the Minister has approved any annual budget or supplementary budget, the budget as approved by him, whether with or without amendment, shall he bmdirrg oii the Commission which, subject in the provisions of subsection (2) of this section shall confine its U isburseinent within the items and amounts contained in the applicable estimates as approved by the Minister.
The Board may: (a) with the sanction in w i-jung oFt Ire Minister make disburse- ment notw iihstandi rig that the disbursement is not provided br in any budget; (I)) adjust expenditure limits to take accottnt of circutnsrattces not reasonably foreseeable at the time the budget was prepared.

sub1cct to submitting a supplementary budget to the Minister within two months of the alicratiort of expenditure limits be- coming necessary.

to i'ower lovelt 64.


With the prior approval of the Minister in consultation with the M irtister for Finance, the Commission may from t i me to time ut- vest pan of the monies available in accordance with the Tntstees In- vestment Act, 1967.

Pc,ver' 0 borrow 65.

With the prior approval of the Minister, the ('omniission may from time to time, borrow monies for the purposes of the C:ottimis- sion by \vay of borrow.
loan or overdraft, and upon such security and such tenns and conditions relating to repayment of the princi Alotiuc Lzt'rgv pal and paytitent of interest, subject to any such direction by the NI mister and as the Comnit ssmn may consider iii.

I) The Commission shall cause to he provided and kept Accoututs and audit proper books ol accounts and record wit Ii respect to: the assets and liabilities ot'the Commission: the receipt and expenditure of monies by.
and other financial transactions of the Commission: and shall cause lobe made out tbr evel tinancial year a balance slicer and a statement showing dci ails of the income and expenditure of the Com- mission and all its assets and liabilities.

Not later than six months after the close of every financial year, lie acconnis itieludi 19 die balance sheci or chic Cornniission in respect ol that financial year slut II be audited by any auditors or audii finns appointed by the Board for that purpose.
Every audited balance sheet shall he placed beibre a iiiccti rig of the Board for adoption and endorsement.

67.

The Commission shall with IT) six months a tier the close of the Annual hnancutl year.
cause to be prepared and submit ted to the Minister a report detailing the activities and operations of the Commission dur- ing that year and accompatited by: a copy of the audiled aee.ninis of the (orItiiiissioii: a copy of the auditors report on the aecourtts: and such other information as the Minister may direct.

68.
1 he Minister shall as soon as practicable, amtd in arty ease not sI,ltt'unenl I acflcounts and t,uhn iic• SIC.,,, ol a report to Tile Minister A;nuuai sta.eliuenl later than twelve months after the close of it financial year, lay - before the National Assembly the following documents in relation to that Ii rtaneial year: .111(1 report to be laid t,ctbre the a copy ol I he audttcd statement or aecoutus ol the Comnrtii s- Nationat Assembly 5km: a copy of the auditors report: and a copy of the inipleTnental ion report by the Comm issioti.
- 40 No.

7 Atomic Eiwi;gy 2003 PARE XI Miscn I .\NFOIS l'RovlstO\s ree'and cbirie% R egu I lions 69.

For the purpose of the better perk nuance and furtherance of its objeels under this Act.

and whenever it deems necessary or expedient to do so.

the ConiTnission through the Minister in consultation with the Minister for Finance.
may impose any fees or charges not specified in this Act to any licensee orsuch oilier person tirany service rendered to or to he rendered by the Commission.

70.—( I ) The Minister may, on his own motion or upon the recom- niendation or advice by the Commission.

upon consultation with other relevant authorities or tiislitul ions make regulations for the bettercarr- ing out of the objects and provisions ol tins Act.
(2) Without prejudice to the generality of the power conferred l) subsection (1) of this sect ion, the Minister may make regulations: providin2 for the conduct of the business oh the Commission subject to the other provisions of this Act: prescribing forms, certificates, procedures.
fees and other mat- licenses, registration and authorizations ters in relation to provided for under this Act: (e) limiting the use of radioactive materials, devices or eqtnpmenl emittintz datwerous radiation Rn any specitied purpose includ- ing the use Ibr ntedica I, deiita I or surgical purposes; restricting exposure to radiation in the lowesi possible level: determining the highest permissible doses; (I) determining the highest permissible concentration of radioac- tive materials: desigttatinu any areas as controlled areas for the purposes of this Act.
and provide for the lahell ing of such areas and radio- active materials: requiring and providing a system for informing of workers and the puN ic OD the dangers capable 01 result mg from ra- dial ion and oii the necessary safety precautions: providing for special medical check-ups of workers before and after commencing their occupation and in delinite time in- tervals: Ci) providing for the control and regulation of the purchase.

sale.

handling, transport and transfer of radiation devices or radioae No.
7 Auntie Enesgr 2003 4 live materials: (ki providing t'ir the proper management.
control arid adrninistra- ion of the radiation protect ion services: (1) providing For the formu lal ion uud establishment ofa code of praclice br both ionizing and non toni/hug radiation: profes- sional conduct Ibrqualitied experts and persons engaged in the operation, repair and maintenance of radiation devices, and nuc ear i istullations; rn) providing for the tormulation and estahl ishinent of codes of practice br 1)0th ioni7.lng and non ionizing radial iott (n) providing lortluecontrol of radioactivity in foodstuffs.
amnial bxzls (0) and the environment: requirinQ and providing a system bar ellective promotion.

safe and peacetul tutlization Of atomic energy and nuclear technology: pnnidmg tbr emergency response, medical.
oceupalional .aIILI pub- lic exposures: providing forany oUter nuatler which, in the opinion of the Minis- ter, it is necessary that it be provided fOr sc' as to ensure the eflicieni perfOrmance ot'the functions ofthc Coniniission and, the furthenince of the objects and provisions of this Act: (3) Regulations made under this section shall be published in the government Gazette.

Nice- 71.

No matter or thing done by any menilber of the l3oard or any Officer or the Commission shalt.
if done b',mafIde, in the execution or NIN purponcd execulion of the functions cankered tipon such member or uflhe officer by this Act or by regulations made hereunder, render such mem- t3oant her or officer personally liable fOr such matter or thing.

and Ot9icci's ol the Ci 'rninic- ii iii ()tièr,ces 72.—(1) Any person who knowingly and willfully destroys, dam- ages or interferes in any way with any eculpmenc.

device.

instru- meni.

platli or installation or any part of it.


which is a source of radia- tion in such a manner as to cause the uncontrolled or unregulated cims- sion of radiation which causes trijurv or damage.
loss of limb or any part or parts of the body or property of any persort or loss ot'litè, shall be guilt)' alan olience arid liable on conviction to a line of not less than five million shillings or to intpnsonment for a term of not less than live 42 No.7 Atomic 2003 'ca rs or to both that line and imprison inctit.
(2) Any person who knovinglyt willfully and without any reason- able excuse:- Fails or refuses to produce any register, licence, certificate, notice or other document required of him by a Radiation Safely Inspector in the performance of his functions tinder this Act: in any other manner obstructs any Radiation Satèty Inspector tothe owner, occupier or other person responsible Fr the man- agement of aii' source; COT1CC3IS.
prevents or attempts tO prevent a peroii From ap- pearing beFore or being exaunned by it Radiation Safety Inspector; in any other manner, obstructs any Radiation Safety Inspec- tor iii the course of performing functions under this Act: or contravenes.

Fails or refuses to comply with any other provi- sion of this Act in relation to which contravention.

failure or refusal no specilic penalty is provided.
shall be guilty of' an c'flènce and liable on convict ion to a Ii no of not less than one million shillings or to iniprisonnient lkr it tenn ot not less than twelve months, or to both that fine and imprisonment.

(3) Where any person is convicted (if an offence under this Act.

the court convictin9 him may, in any appropriate case, in addition to any penalty that is imposed.

make an order for the Forfeiture, impound- ing.

destruct ion.
destruct ion.

incapacitation, sealing or disposal in any other manner of any radioactive material.

apparat us, substance or article in respect of which the o Ffetice in question may have been commit ted.

(4) The Commission, with the prior approval of the Board, shall also have powers to impose lines to any person or body ot'persons when it is satisfied that the person or body of persons has actually contra- vened the provisions of this Act.

73.
73.

(1) In any proceeding for an offence or a stnt claiming damages arising from or under this Act, without prejudice to any reqtu renient to coniplv with any special condition included itt the licence.

certi fleate.

attthorizauon or regulations.

any evidence I hal Ilte holderofa licence.


certiticate or authorization has complied with the radiation sa Fet' standards or recommendations or radiation exposure limits puhlisltcd by the International Atomic Energy Agettev or by Evidence in lept procce- cluigs No.
7 Atomic Energy 2003 43 the hflcniational Conmiission on Radiological Protection and the Inter- nal ional Radiation Protection Association shall be prima fheie evidence that, the holder of such licence, cert i licate, or authoniat ion has complied with radial ion safety standards with respect to the re- qu irements of this Act.
(2) Any authenticated records of exposure measurements main- tained in accordance with the provisions of this .Act shall, unless the contrary is proved, be accepted by any court at law bcthre which pro- ceedings arising from this Act ait conducted, as evidence establish- ing causes oftlisabihiv.

l!\tt'l XII Cc)NsLQt.LNIIAL\No ]R.ANSIIK)NAI.

PgovIs;o\s 73.

Save as otherwise stated, all orders, reunlations, authorizations or prohihi ions.
contracts and or an' transactions issued or made under the provisions of the Protection From Radiation Act, 1983. shall.

upon the commencement ol'thi Act, he considered as having been issued or made under the provisions of Iltis Act, and shall have the same effect.

i utIR.ra- Pr.

,Ce I ton From I 07!

AiJ, 3 0?

I'N Iransfer 75.

All properties.


rights, obligations, liabilities and assets owned ot asseb by the formerCommission by virtue ol'the provisionsot the Protection Yront Radiation Act of 1 983. shall, on coming i niv operation of this Act, vest in the Commission established under this Act tlbihlic ~ Act NO.5 of' 1983 76.
'I'run,t'er I 1 An employee or appointee of the former Commission es- sI.,It ''I tablished under the Protection Froni Radiation .Act, of 198$ shall, on and I heir rigliS the coming into operation of this Act, so tbrasmay he practicable con- tinue as an employee of the Coninti.siori in a post comparable to that Act No.5 01 1953 MIM I t lie employee held with the fonner Commission: (2) Nothing in this section shall operate so as to prevent an em- ployee or appointee oF'ihe lbniierCornmissiorr from resigning or being tenntnated.
44 No.

7 .4/ow/c &iwgv 2003 (3) The lerins and conditions ol employment or appointment of any employee or appointee transterred from ike Former c:onimission ti' the Comrnisston shall not be less favourable than i hose enjoyed by that employee orappointee immediately prior to ihedate on which the transfer Was made.

and that the tenninal benefits of the employee or appointee shall accrue from the date ol' employment or appol niment by the ('out- liii S Si Oil.
77.—( I) The thrmer Commission shall pay all outstanding remu- Outtantt- iterations including previous social security contributions io ib, employ- mg ees or appointees who have not been transferred to the Conunission.
rentu- fleGul bus The service of an' employee or appointee transferred Irout the ibrmer (otilrnissioru to the Commission shall be deemed to he continu- ous for the entire period from the date of the commencement ot' em- ployment or appointment with the Commission and where such em- ployee or appointee was a member (if any statttlory voluntary pension or other superannuating social security bertetits scheme, the ('ominis- sion shall contribute to such scheme accordingly.
Where an employee or appointee of the tormer Commission is not transferred to the Commission, his services with the fumier Coni- mission shall he terminated and where such employee or appointee is it member of any statutory, voluntary pension or oilier superannuating social sccuritv benchts scheme such employee or appointee shall be paid terminal benefits in accordance with the laws and regulations gov- erning such schemes immediately belore such termination.

11w ('ommission.
11w ('ommission.

a tier consul latioti with the Ni i nister for I'i nance shall be exempted from the payment ol income tax, stamp duty and arty other direct taxation as the Minister for Finance may by order in the Government (kcduc prescribe.

'[he Protection From Radiation Act, 1983 is hereby repealed.

 S('i I Ei)t 31 .E.

 (Sect ion 5 (2)) Pmt'n'wnv rthilt.ig U, liw Scan!
oil/ut' Cor,iourccw,, t.—1 ) The Board oiuiue('onuuuiission lu;ull ccouskt of titleen menubersas lbtInws' (a) a ('h,uinnauu.
who shill he ap1ointcd Aucit by the Pitid,ui: Exenup- '" tthd- Repeal of he Prorce- tion From itati ii on ,\ct.Aet No, 5 of 953 (thu qni- troll ol the Board No.7 .1 somic Energy 2093 45 (h) tlw Director General tithe Ccoannis:sion fbr Science nutJ technology: (e) the Diri.ctc,r it Science and lechnology in titi.- Ministn responsible for Sd- ence ;ind lecitnilogy: ((1) a senior State Attorney appointed by the Attontey-Ciencral on his behaIt c) 1 11c Director of diagnostic services in tile Ministry responsible for Health - Mnittlai,d I anxnui:a (fl two representatives at a Directors Icvcl or above in the Ministrhz' rtspon- si hi e i r hcalih and agrh-o lure .
Ti lie: tO 'U ía ti bar.

a senior nihitan officer who is an e\1'erL :0 atomic ener)Zv niaders or the related held from the T:it,nini:, Peoples Defence Forces: (In a represcntative at a Direciirs level or above in the Ministry responsible for energy and 'iii ncr.'

Is; (i ) Cl) rqrescnt: ii i ve ii ii Dir,xtors level or above in the Ministry respoutsible for Atriciihiurc itith In estock Development: ihree IcpreSeuiIitACS noin civil society appointed by the M n;srer.
two ofwhi,tn li:iI I be th,ni lautzania Zan,ihir.

kl any outer two members -ippoiniecl by the Minister front amongst the lbhtow- in (I) (ii) (jil) Executive Director olOccan Road Cancer Institute: the Director responsilte kir I ndusrrues in the Ministry of Industries and Trade: I he Di rector respins!
hi e I r International Co-oper; Iii 'n in the \l in istry oF Firci n Alliiirsauid Ititernational Cooperation: (iv) a rcprescnl;iIi'e at the level Ofa Senior leettireror ihsne and who is an experl in atomic euiety matters tiont Universities; any ('tiler person considet-ed competent in ito:lmic e:icrgv matters.

(si 2) In ntulsitigmppoimIttienrs or Membersot the Board i he Minister, shall ensurethat he appoints persons who, iii his opinion.
have the necessary qualitteattoit or ctpeflencc Iii u,iake a useful contribution to tl:cdeiiberaiu,mtcoltheContnhission toenable Ihdilm incl Ill 111C eticuont periorntance or its hun:cm;ints.

The Vice- Chuinmin 2-4 Ii.

lite \len)hersshall elect imneot (heir tiuntberw be the \'iee-Chnmian who shalt sutieet to his continuing to he a Meint,cr, hold office for a renu olone year, but shall be eligible for re-election.

rcnurc of otuicc' of the \Icmhers 2).
The Miniicrhen nppiintinj mncinbersofihe Bo;mrsl shill ;imi,omwstother;hings consider and iake it into account render balance.

3.—il) A Member appointoi under suhparagrapin( Il iti pnratrnplt (1110 this Schednlc:- (a) shall, unless his appoininient is sooner terninated by the Mini'.!er.

or he ceases tenure c,foflj- e ill uiv lIter way to be nen:bcr.

hold 'flice For a period of three years but shill be eligible for reappoinintent.
(b) may at any time n,iwm iton, his ciftiec by diving notice in wnii,n ad- dressed to the \tinister.

and fron' the date specitied in I he imotice in.

ufito date is so specihied front rIte date of receipt of the notice by the Minister.

he shall cease to he a \ienthci-: 46 No.


7 ;JU)Ink' Energy 2003 (e) the oflict' ofa t,ien,her who isibse,n without ;tnv reasonable cause :i'Lirn ilirec' consecutive Ineetlngi of the Board shall, not withstandinz any rep- rescnl;,tions, become Vacant tO in the event that a member other than a member lion, a civil society ic un;thle to :itiend a meeting an alternate member duly ct,dorsed by him naY .,tlend the meeling (in his behalf.
(2) \V Ii crc mIte ollice oI'a ii icmnher beet ttnc v; ca Tm I pit flil mn I in p: ,ragr ph 3 ( I ) (a) or (c) or h reason til i:mcaj.cilatiuri or ticath, the Xiinicicr shill.

acling in consultation with the Board appoint a pe:s in to till the vacancy that is created.
absence from he 1.nitcd Republic of Fanzanmaor illness orother sutlicienc cause unable 4 When any Mcmnberot'rhe Board, other than the Director-General i shy reason of Appoint- nment oh' a icnpimrary t''perImnn his tluiiesas.i Niempher of the Board, the appointaig auchontv may appoiti a (Limipofltrv inclolier iii his place.
and the letmiptiran' member hall hold oiIice tintil heor she comes hack or t bet, the ternm 1 1)1cm Ilice nI he uhtIaniivc Member c\pircs whichever occurs first.

itenil,er 5.

( I)ihe Hoard shall ortlin;mrilv macct ni such limes and places as itdccins nece'' Mectines samv for the transaction of us tiusiutess, hut skill mccl at leasl once in even' three n,otutlmc.

 'lii e ('Ii air' nan, LI r in his absence I he Vice('lm ;mi rm 0;,',.
nay at a nv time call an e.s tr-aord i nary m fleet Ii ug of the 13i s mci.

and shall e ill uch a i netting upon a rCi4UeSt liv ;t nm;noruty of nmeHil,eN in c,tiice vrittcn of the Board 'Ii ic C ha i nut: 'ii • or in Ii s tiken cc I he Vi cc-Chainii:mtm_ shall preside at even meet fig cif the Board in the absence of both the Chain'nan and the Vice-Chairman.

the Stein- hers prt'ctlt shall elect a \lcunber from amongst themselves to preside over the nleelilmg.

6.
6.

The quorum,, at ally uumeeting ofthe flo;,rd skill be halt' ol' ill the members in Quorunu i lii Ci.
I I ) Wi thou 't ire: tmd: Ce n su b-;,:ur,:gr 'ph 2 I nest i I '0 roac ictl .11 a flmeel Hi Z ot the Board 'hal I be decided b consensus, or where there is no con'ensus twa uusijori tv c,fth' votes of n,emnhers present and voting and it Ihe event ofan equ;mlitv ol voles tl,e,m I )ec i i omms of the Board clue persotm presiding shall have a casting vote In addition to his deliberative vote.
121 the Hoard ithr decide wiilmu,u: a Incetine by eirculauuon of the relevant Board papers atnong the uneinl,ers and the cpre'sioru ot'theviewsoit'ne Members in "thing.

but any met, bet nay req u tre that tile thee i sic 3m he celerred anti I lie sub ice I ;n at ter he considered a( a meeting of the Board, 8-1.
I) The Board shall cause to be recorded and kept details of all business con- Mi outes of Incet- ciujeted ortr;,nsactecl at its meetings, and the ,niiuucesol ' eaeh meetun,aof the Boaid shall he signed by the person presiding at that meeting.

 ings 121 Any utinumespurponing to Sc signed by the person presiding at a tncetun nithe Board shall, in time absence t't'proof of error.

he deemed to be a correct record of the nmeelitmg witose mnitiuces they purport to be.
No.

7 Vacancies not Co iii Va lid: tic proctcxl- ings flaaid to regulate IS Own proece- wngs Rcinu- neratiorts till LI 'HI," itt ICCS Otlici;il setil I' too F ° ot.0 m ents Awmu: Eiwnrv 2003 47 9.
The validilv of any act or piocmfing ofilic lIii:ird shall not he affixted by afty vacancy :111111w its unejilbers tthose niinutcs they purport to Ile.

10.

Subject to file pn.tisions of this schedule.

the Board may regulate its own proecedings II.


Members of the Board shall he entiikd to such remunerations, fees or illow- anecs tr their sen-ices and The Coiiinuis'ioi, may front time to time prescribe such relilu- ttCfltl On S. fees oil ti al 1< ,watices pa vab Ic to nicu n hers sti bj ect to approval by the \1 in i teit Ii.-- I) there shalt he all official w:'l otihe Ctnttrnissi1mii.
(2) I he appiicatiuni oldie official seal ''idie (outtuission shall be aiithenii- eated by two si2natories nanicly:- (a) the Chainnan olihe flo;irt or some tuber neniher of the Board other than ibe Dircctor-Gener:il atuIhori,ecl by the Board on that behalf: and Of the Director-General i ir is: 'C oilier employee of the commissioll penuiited by the Board mo acm h'r that purpose in place of the Director-General (3) Any instailnent or contraci whith is executed or entered into by a peron other ban a hod' corporate.
shall not be rLxltiircd 10 be uutdet seal.

may be executed orenlered to ott behalf of the Coniunission by lite Director-(ieiietai or any mnenther of he Board ilihat niejitber has pretioush- been aulhori,ecl.

c,ther speciricailvor geneidlv by reoIu- don of the Board .io cxe:,jCe or euler I lit', that particular instflhlfleflt or coiltraci or that class of tnsrnimcnl or conlr.ict.
Ii Even•- doeimmmteiit iur1,u'rti:i9 to bcadoeuuneuir executed ,.rissueit hc,r in: lichali of the Cominis.ion and Ci , he scaled tttlt the ofiiei:il seal c011ie (oniiimiss,,a: authenti- cited in file manlier pros ided For by sub-paragraph (2) to ad for That purpose shall be cteetned to he so executed or issued until The c<,ntran is proved.

I).
I).

Any doeutnent utpvrliiig to he duly executed or issued tinder the se,,l nI tIe Ccinimtiicsion as to :lnvresolul'oIl if the t3na:d oras having been issued on kwh,ill of life Conunission.

shall he receivable in all coulis ot law or tnhunals or c,iherhodie audio- rized to receive cv:dcnce uid slmol I. uiticss the contrary :5 pflfletl.

be dcci tied, Wit bout further proof, in he sufficient cyidenee of th;mt is contained ti he iklcuiltetlt.

I Passed in the National Assembly ouhe I pri1.
2003 t'ttINil I) ilY tilt GOVERNMENT PRlPfltR.

PAR ES SAtAM-1AM/AStr\