Document ID: chunk:federal_register_of_legislation:F2024C00956:reg:13
Version: federal_register_of_legislation:F2024C00956
Segment Type: reg
Provision Reference: reg 13
Character Range: 35757–37654

13  Prescribed radiation facility
 (1) For the purposes of the definition of prescribed radiation facility in section 13 of the Act, the following facilities and installations are prescribed:
 (a) a particle accelerator that:
 (i) has, or is capable of having, a beam energy greater than 1 MeV; or
 (ii) can produce neutrons;
 (b) an irradiator that contains more than 1015 Bq of a controlled material;
 (c) an irradiator that contains more than 1013 Bq but not more than 1015 Bq of a controlled material and:
 (i) does not include shielding as an integral part of its construction; or
 (ii) includes as an integral part of its construction shielding that does not prevent a person from being exposed to the source or does not shield a source during the operation of the irradiator;
 (d) a facility (other than a nuclear installation) used for the production, processing, use, storage, management or disposal of:
 (i) unsealed sources for which the result of the activity value division steps is greater than 106; or
 (ii) sealed sources for which the result of the activity value division steps is greater than 109.
Note: For activity value division steps, sealed source and unsealed source, see section 4.
 (2) However, the CEO may declare, in writing, that a particular facility is not a prescribed radiation facility. The declaration has effect according to its terms.
Note: A decision to refuse to make a declaration is reviewable under section 86.
 (3) The CEO must not make a declaration under subsection (2) unless the CEO is satisfied that:
 (a) the facility does not pose an unacceptable hazard to the health and safety of people or to the environment; and
 (b) it would be inappropriate for the facility to be a prescribed radiation facility.
 (4) The CEO must publish the declaration on ARPANSA's website as soon as practicable after making it.

Subdivision C—Prescribed legacy sites