FNCA 2018 Study Panel
Enhancing Domestic Measures in theField of Nuclear Law
Tokyo, 23 March 2018
Raja Jamal Raja Hedar
Planning & International Relations Division
Malaysian Nuclear Agency

1• GENERAL BACKGROUND• Chronology• Responsible Bodies of Nuclear Activities in Malaysia• Ministerial Functions• Reaktor TRIGA PUSPATI• Nuclear Power Programme• NUCLEAR LAW• International Conventions Related to Nuclear Safety• Hierarchy of Legal System• Act 304
• NUCLEAR SAFETY ACTIVITIES• Nuclear Malaysia as TSO• SSDL31980
Secondary Standards
Dosimetry Laboratory(SSDL)1968
Radioactive
Substances Act

1971
Centre for
Research &Application
Nuclear
Energy(CRANE)

1984
Waste Technology
Development
Centre (WasTeC)

1982
Reaktor TRIGAPUSPATI

1973
Tun Dr.
IsmailAtomicResearchCentre(PUSPATI)

1983
Nuclear
EnergyUnit

1984
Atomic Energy
Licensing Act

1985
Atomic Energy
Licensing Board(AELB)???
NuclearPower Plant
1989
Gamma Irradiation
Facility

1994
MalaysianInstitute for
NuclearTechnology
Research(MINT)

2009
Gamma
Greenhouse

2006
Malaysian
Nuclear
Agency???
Comprehensive
Nuclear Law

2011
Malaysia
Nuclear Power
Corporation(MNPC)

4Prime Minister &Cabinet

Ministry ofScience,Technology &Innovation

Malaysian Nuclear
Agency (NuclearMalaysia)

Atomic Energy
Licensing Board(AELB)

Prime Minister’sDepartment

Ministry of Health

Malaysia Nuclear
PowerCorporation(MNPC)

Medical Radiation
Surveillance
Division5

Source: Ministers of the Federal Government (No. 2) Order 2013 (PU (A) 184)
under the Ministerial Functions Act 1969 (Act 2), 2013
• Conduct research and development (R&D), services and training in the field ofnuclear technology for national development• Promote application, transfer and commercialization of nuclear technology• Coordination & management of nuclear affairs at national and international levelsand Liaison Agency to the IAEA
• National Authority & implementation of the CTBT
• Exercise powers under Act 304 and subsidiary legislation• Coordination & management of regulatory affairs related to nuclear safety, security& safeguards with other national & international agencies• National regulatory agency for the purpose of safeguards related to safeguards
agreement with IAEA in the implementation of relevant international obligations• Lead technical agency for radiological emergencies & accidents• Implementing agency to counter nuclear terrorism & border control related tonuclear security• Planning, spearheading and coordinating the implementation of nuclear energy
development programme and ensure the development of nuclear infrastructure is inline with IAEA guidelines
6••
•
•

Criticality 28 June 1982
Analysis
Radioisotope production
Education & Training• Research reactor simulator for educationand training (E&T) in Malaysia.
• Effective demonstration of reactor
concepts to the public and providing
meaningful understanding of safe reactor
operation.
7

CURRENT STATUS: PHASE I COUNTRY
VERY ACTIVE IN PLANNING, PREPARATION AND PROGRAM DEVELOPMENT BUT
NO DECISION ON THE USE OF NUCLEAR ENERGY YET…

Source: Malaysia Nuclear Power Corporation (MNPC)

8KEY CONCLUSION:MALAYSIA HAS DEVELOPED A CONSIDERABLE BASE OF KNOWLEDGE AND IS
WELL PREPARED TO MAKE AN INFORMED DECISION ABOUT INTRODUCING
NUCLEAR POWER
Source: Malaysia Nuclear Power Corporation (MNPC)

910PARTY TO/COMMITMENT TO:
Convention on Early Notification of a Nuclear Accident
Convention on Assistance in the Case of a Nuclear Accident or RadiologicalEmergency
Code of Conduct on the Safety and Security of Radioactive Sources
Code of Conduct on the Safety of Research Reactors
NON - PARTY
Convention on Nuclear Safety
Joint Convention on the Safety of Spent Fuel Management and on the Safety ofRadioactive Waste Management
BILATERAL AGREEMENT(S) RELATED TO NUCLEAR SAFETYMoU between AELB and Korea Institute of Nuclear Safety (KINS)MoU between AELB and Nuclear Energy Regulatory Agency of Indonesia(BAPETEN)
11

ATOMIC ENERGY LICENSING ACT 1984 [ACT 304]
basic law concerning the development and utilization of atomic energy andsafety regulations
Regulations
detailed provisions entrusted by the Act
Orders and Conditions of License
additional requirement not stated in the regulations or special mattersrelated to provisions entrusted by the Act
Guidelines, Codes and Standards
guides, codes and standards to comply with and achieve goal impose inregulations
Source: Atomic Energy Licensing Board (AELB)

12• Gazetted in 28 June 1984 under the purview ofMinistry of Science, Technology and Innovation
Malaysia (MOSTI), replaces and supersedes Radioactive
Substance Act 1968
• Regulation and control of atomic energy, establishmentof standards on liability for nuclear damage and forconnected matters• Some Parts of the Act: Establishment Of The Atomic
Energy Licensing Board, Control And Licensing,Cancellation, Suspension And Renewal Of Licences,
Health And Safety, Disposal Of Radioactive Waste,
Liability For Nuclear Damage, etc13

Part II, Section 3:
Establishment of theAtomic Energy LicensingBoard• Body to be known as
the Atomic Energy
Licensing Board• Consist of a Chairman
and four othermembers - scientific ortechnical qualifications• Representative from
the Ministry
responsible for healthand the Ministry
responsible formatters under this Act.

Part II, Section 8: Functionsof the Board• Advise the Minister andthe Government ofMalaysia on mattersrelating to Act 304• Exercise control andsupervision over theproduction, application
and use of atomic
energy• Scientific and technicalco-operation withinstitutions ororganizations in nuclear
matters or atomic
energyPart III, Section 15:
Licensing authority• Licensing authority
under this Act shall bethe Board.
• The Board shall granta general licence tothe Director Generalof Health to issue
separate licences onbehalf of the Board
where such activities
are in respect of
medical purposes14

LICENSE APPLICATIONISSUANCE OF LICENSESUBMISSION OF
RETURN OF
POSSESSION

National
Database System

Unable toreturn tosupplier?

SEND TO WASTE
MANAGEMENTCENTRE, NUCLEAR
MALAYSIA – withjustification
15

DISUSED SOURCE Licensee areresponsible to manage
andbear the cost

1ST PRIORITY:
RETURN BACK TO
MANUFACTURER (LOU)FOR
DISPOSALIMPLEMENTATION OF
PROVISIONS UNDER
ACT 304

Temporary storageprior to disposal –need to apply storage
license (Class GLicense) with specificcondition

16

Agro-technology
Environment andradiology ecology

Nuclear Malaysia:
Thrust Activities
by Sector

Medical andIsotopes

EnergyNuclear &Radiation
SafetyIndustry

Nuclear Governance
17Radioactive Waste Management

Radiological Impact Assessment (RIA)

National Radioactive Waste Management
Centre managing radioactive waste frommedical and industrial sectors

Experience and expertise in performing RIA;
consultancy services to industry; analyticalradiochemistry and environmental
monitoring

Radiation Protection
Offer consultancy, services and monitoring
related to radiation protection; Biologicaland internal dosimetry

Education & Training
Provide education and training in the areaof radiation protection, NDT, Nuclear
Science Engineering, etc

Non-Destructive Testing (NDT)
Provide NDT services and consultancy

Research Reactor
Reactor TRIGA PUSPATI• 1983• IAEA/WHO Network• Provision of radiation dosimetry• Services for individual and workplace monitoring• National centre for the calibration of radiation measuring
instruments• Appointed by as a Designated Institute for Measurementof Ionizing Radiation (Secondary Level)• Accredited with ISO/IEC 17025:2005• Students, trainees and fellows
19

BOREHOLE DISPOSAL FACILITY• Project on borehole concept for the inventory ofdisused sealed radioactive sources, with IAEA
technical and regulatory assistance• This facility will be used as a future disposal
facility for Disused Sealed Radioactive Sources(DSRS) and therefore will ensure the DSRS ismanaged in a safe and secure manner
MOBILE HOT CELL FACILITY• is developing mobile hot cell facility forconditioning oNuclear Malaysia f spent highactivity radioactive sources (SHARS) with local
expertise and components.
• This facility is intended for handling SHARS at any
remote location either due to emergency
situation or other purposes
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