Law On Radiation Protection And Use Of Radiation [Radiation Protection Act]

Original Language Title: Lov om strålevern og bruk av stråling [strålevernloven]

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2000-05-12-36

Law on Radiation Protection and Use of Radiation [Radiation Protection Act].


Date LOV-2000-05-12-36


Ministry of Health and Care Services

Edited

LOV-2015-12-18-123 from 01/01/2016


Published in 2000 Booklet 11


Commencement 01/07/2000

Changes
LOV-1938-06-18-1

Promulgated


Short Title
Radiation Protection Act - stvl.

Chapter Overview:

Chapter I. Purpose, scope and definitions (§§ 1-4)
Chapter II. General provisions (§§ 5-12)
Chapter III. Specific provisions regarding the medical use of radiation (§§ 13-14)
Chapter IV. Planning of incidental and accidental handling. Preparedness (§§ 15-17)
Chapter V. Administrative provisions, penalties and entry into force (§§ 18-25)

Ref. previous Act 18 June 1938 no. 1.

Chapter I. Purpose, scope and definitions

§ 1. Purpose The purpose of this law is to prevent harmful effects of radiation on human health and contribute to the protection of the environment.

§ 2. Substantive scope This Act applies to any manufacture, import, export, transport, transfer, possession, installation, use, handling and waste management of radiation sources.
The Act also apply to human activities such as increased levels of naturally ionizing radiation in the environment.
Act also applies to planning and preparedness for accidents, accidents and other events.

§ 3. Definitions In this Act means

A)
radiation: ionizing and non-ionizing radiation.

B)
ionizing radiation: Radiation from radioactive substances, X-rays and particle radiation.

C)
non-ionizing radiation: optical radiation, radiofrequency radiation, electric and magnetic fields or other radiation with similar biological effects and ultrasound.

D)
radiation sources: Radioactive materials, goods or equipment containing such substances, as well as installations, apparatus or equipment which may emit radiation.

E)
medical use of radiation: The use of radiation on humans for medical examination and treatment, research and examinations in a legal context.

F)
waste disposal any disposal of radiation sources after use, including storage, release, disposal, recycling scheme or treatment as ordinary waste.

§ 4. The geographical scope King may by regulations prescribe that the Act shall apply to Svalbard, Jan Mayen and Norwegian dependencies, and may lay down special rules for the sake of local conditions.
Act applies to devices and any installation located in the Norwegian part of the continental shelf and on Norwegian ships and aircraft in areas that are not subject to any other state sovereignty.

Chapter II. General provisions

§ 5. justification requirement and basic principles for the use of radiation All production, import, export, transport, transfer, possession, installation, use, handling and waste management of radiation sources shall be responsible, so that no risk for those who exercised , other people or the environment. Also human activity resulting in increased natural ionizing radiation in the environment, must be justifiable. In assessing the proper truth shall inter alia be placed on whether the benefits of the activity outweigh the risks associated with the radiation, and its activity is arranged so that emergency health avoided and the risk of PTSD is kept as low as is reasonably possible. Radiation doses should not exceed the established limits.
Apparatus or devices that may emit radiation, should have a proper design and function.

§ 6 Approval and Notification Ministry may lay down requirements for approval or notification of any production, import, export, transport, transfer, possession, installation, use, handling and waste management of radiation sources. Approval or notification requirements may also include human activities that increased levels of naturally ionizing radiation. The regulations may prescribe requirements for the content of applications and messages.
If approval or notification requirements laid down, the activities subject to such a requirement can not commence before approval is granted, or message is processed. A business can not expand or change significantly compared to the existing approval or notification.

§ 7. Training and education in activities covered by the law, employees and other associated persons to the extent necessary for education or training, which ensures that they have sufficient qualifications or knowledge in radiation protection and safe use of radiation.
Visitors and others with access to business shall, if it is necessary for reasons of radiation protection, be provided with information about the precautions to be observed.

Ministry may issue supplementary regulations concerning education, qualification and training for people who use or come into contact with radiation.

§ 8. Protective measures activities covered by this Act, shall take the necessary measures to protect employees, other associated persons and the environment against radiation. People occasion. Low age, pregnancy or other reasons are particularly sensitive to radiation, they must either be assigned tasks that do not involve exposure to radiation or protected by other appropriate measures.
Ministry may issue supplementary regulations on matters referred to in the first paragraph, including the minimum age for workers with radiation, and on medical examination of persons exposed to radiation.

§ 9. Specific about radioactive waste and radiation-emitting devices that are taken out of use To ensure a radiation safe management of radioactive waste, the Ministry may issue supplementary regulations concerning the storage, disposal, emissions, recycling schemes and treatment as ordinary waste. The regulations may prescribe a duty for suppliers of radioactive substances to establish recycling schemes for radioactive waste, and likewise the duty of businesses to establish and utilize such recycling schemes. The provisions of this paragraph shall apply to waste, equipment or packaging containing or contaminated by radioactive substances.
When appliances or equipment that may emit radiation, discarded or finally decommissioned, the owner or the person responsible prevent subsequent harmful use by ensuring that appliances or equipment no longer emit radiation.

§ 10. Natural ionizing radiation Ministry may issue regulations prescribing limitations, including dose limits, for work or stay in places where radiation levels of naturally occurring ionizing radiation is increased as a result of human activity.

§ 11. Internal King may issue further regulations on internal control and internal control systems to ensure compliance with requirements laid down in or pursuant to this Act.

§ 12. Regulations for proper radiation protection and use of radiation, etc. In order to promote the purpose and ensure proper radiation protection and use of radiation Ministry may issue regulations to supplement the provisions of this Act. Such regulations may, among other requirements to

A)
organization of radiation protection, including the designation of radiation protection officer, as well as requirements for registration of necessary information for internal or regulatory purposes.

B)
shielding measures in the form of construction and installation of premises and workplaces, work procedures and use of personal protective equipment adapted. It may also be a requirement for radiation-emitting equipment design and function.

C)
labeling of radiation sources and information about the use, handling and storage of radiation sources. It may also be required warning signs in premises or areas where there are both sources of radiation or radioactive waste that may pose a risk to health. Similarly, the requirement to inform the persons concerned and the general public about the use of radiation and radiation protection.

D)
measurement of radiation levels, including personal dosimetry.

E)
dose limits for relevant types of radiation.

F)
transport of radiation sources, including radioactive waste and equipment containing such sources.

G)
monitoring of protective measures in connection with the repair, maintenance or alteration of a radiation source or facility.

Chapter III. Specific provisions regarding the medical use of radiation

§ 13 Justification and optimization Medical use of radiation shall be performed in accordance with good medical examination and treatment, including the safeguarding of radiation.
By medical use of radiation should those in charge consider whether the use of radiation is justified. The assessment should inter alia take into consideration whether the benefits outweigh the harmful effects of radiation. Consideration should be given to the individual's benefit to society and the possibility of using alternative techniques. Radiation should be avoided unless one without major inconvenience can achieve the same result by other means, for example. using other methods or by obtaining results from previous surveys.
When radiation is applied, those in charge of the examination or treatment ensure that the radiation doses given is as low as reasonably achievable in view of the purpose of irradiation, available equipment and resources, and similar conditions.
Agency shall regularly check that the calculated radiation dose is consistent with the actually delivered. This does not apply to examination or treatment involving radioactive substances being administered to the patient.
Ministry may issue supplementary regulations on requirements for medical use of radiation.


§ 14. Obligation to provide information about radiation protection precautions Where the medical use of radiation taken Radiation measures requiring a certain behavior of the person being examined or treated, the professional manager or whoever is authorized, noting how competent to deal to benefit from the measures. The same applies to attendants who assist the person in the treatment or examination. Information as mentioned may be omitted if there is no reason to assume that the person is able to utilize them.
Infuse patients radioactive substances, the professionally responsible inform about precautions that should be taken to protect others from radiation.
Ministry may issue supplementary regulations concerning the obligation to provide information about radiation protection precautions.

Chapter IV. Planning of incidental and accidental handling. contingency

§ 15. Planning and disclosure requirements Ministry may by regulations or individual require enterprises covered by the law, a scheduling duty for handling incidents and accidents, as well as requirements for the holding of exercises. Decisions may include an obligation to notify the rescue service agencies and supervisory authority about special risks that rescue and supervisory authority should be familiar with, to deal with accidents.
Undertakings may be required to notify the natural and legal persons in their immediate vicinity of specific risks that may arise. Physical and legal persons who are unable to conduct an activity covered by this law, but that may be affected by past incidents or accidents, can impose an independent obligation to plan how the potential hazards mitigation.
By accident or incident at nuclear installations or during transport of nuclear substances involving imminent threat to public health or the environment, be it body responsible for nuclear preparedness or NRPA ensure that the population must be given immediately information that makes it possible to take measures to prevent or reduce injury. In the event of conflict between the duty of disclosure under this provision and confidentiality under the Act of 12 May 1972. 28 Nuclear Energy business § 53, the information requirement above. In such cases, confidentiality is maintained to the extent not preclude disclosure requirements are met. Ministry may impose on the implementation of the information requirement.

§ 16. The nuclear accident preparedness King organizes preparedness against nuclear accidents and other incidents that may involve ionizing radiation or spread of radioactivity, to protect life, health, safety or other important public interests.
In the acute phase of an event as described in the first paragraph, the King, notwithstanding the allocation of authority in other laws, require state and local agencies to implement evacuation, restricted areas and measures related to safeguard foodstuffs, including drinking water and protection of animals. The King may also order private and public entities to perform tests and collect information to assess the situation.
King may also, notwithstanding the allocation of authority under other legislation, delegate its authority under subsection to designated state agency for nuclear.
Agencies with tasks in nuclear preparedness are obliged to follow concerted plans.
King may order persons with central preparedness exercises to be available in case an emergency situation arises.

§ 17. Special exemptions by rescue and civil emergencies, and defense considerations King may by regulations provide exceptions from dose limits and other requirements established by or pursuant to this Act for situations where the implementation of rescue or civil emergency operation makes this necessary. Personnel should not be ordered to perform tasks which may cause acute radiation injury.
King may also make exemptions from provisions contained in or pursuant to this Act in cases where it is necessary for national defense preparedness.

Chapter V. Administrative provisions, penalties and entry into force

§ 18. Inspection and decisions. The supervisory authorities' right of access, information and implementation of measurements Health Directorate supervises that the provisions set out in or pursuant to this Act, and may for this purpose take the necessary decisions.
King may for delimited areas in regulations provide that other state regulatory agencies or municipalities shall supervise and take the necessary decisions in pursuance of this Act. Government agencies who are authorized pursuant to the first sentence may apply law enforcement provisions on the conditions stated in individual provisions.

Supervisory authority shall be given free access to conduct inspections, and to be given the information necessary for the regulatory authority to carry out its duties under this Act.
Supervisory authority should be allowed to conduct research and investigations. The undertaking shall try for supervisory purposes gratuitously. If the existence of provisions laid down by or pursuant to this Act, the undertaking may be to cover the cost of supervision resulting from the infringement.
Ministry may issue regulations prescribing fees to cover certain supervisory tasks.

§ 19. Correction and punching Health Directorate may demand rectification of business that conflict with provisions laid down in or pursuant to this Act.
Are there significant health hazard, can Health Directorate cease operations, confiscate substances or equipment in whole or in part, or otherwise ensure that continued use is not possible. Directorate of Health may require closure of an undertaking unless necessary approval or notification exists.
Police duties upon request to assist in halting or confiscation.

§ 19 a. Hardware and destruction of illegally imported laser pointers Laser pointers are imported in violation of § 6 with regulations, may be withheld, seized and destroyed.
By restraining the recipient shall be notified that the laser pointer will be considered seized and destroyed. The recipient shall be given the opportunity to comment within a specified time limit.
If the recipient does not make statements within the time limit, the laser pointer impounded and destroyed without Administration §§ 23, 24, 25 and 27 shall apply.
King may issue regulations on the implementation of this provision, including set deadlines for providing feedback on notice given by the second paragraph.
King may by regulations make exceptions to the right to appeal against decisions made under this provision.

§ 20. Import and ban Health Directorate may refuse the import or sale of any product or substance and any item that could lead to an environmental or health risk due to radiation, provided that this does not conflict with international agreements to which Norway has acceded.

§ 21. Coercive fines supervisory authority may impose a coercive fine in the form of lump-sum fine or a daily fine if a deadline for complying with an order. Coercive fine shall be determined either simultaneously with the order or in connection with the new deadline for compliance.
King may waive an imposed fine when this is reasonable.
Ministry may issue supplementary regulations concerning the imposition and calculation of coercive fines.

§ 22. Appeals county governor decides appeals against decisions made by the municipality pursuant to this Act. The Ministry will decide appeals against other decisions made in pursuance of this Act.

§ 23. Penalties who willfully or negligently violates provisions or orders issued in or pursuant to this Act shall be punished by fines or imprisonment for up to 3 months.
If the infringement has or could have involved serious danger to health or the environment, imprisonment for up to 2 years may be imposed.
Violation has merely resulted in insignificant damage or inconvenience, public prosecution only at the request of the supervisory authority.

§ 24. Commencement etc. This Act comes into force when the King bestemmer.1
the same time the Act of 18 June 1938 No.. 1 on the use of X-rays and radium, etc.
regulations and other provisions and decisions issued pursuant to the Act of 18 June 1938 No.. 1 on the use of X-rays and radium, etc., apply after the Act has come into force, insofar as they are not contrary to provisions laid down in or pursuant to this Act.

§ 25. Amendments to other Acts - - -