NUCLEAR REGULATORY AUTHORITY ACT, 2015 (ACT 895)

ARRANGEMENT OF SECTIONS
Section
Application
1. Application
2. Act to bind the Republic
The Nuclear Regulatory Authority
3. Establishment of the Authority
4. Objects of the Authority
5. Functions of the Authority
6. Powers of the Authority
7. Governing body of the Authority
8. Tenure of office of members
9. Functions of the Board
10. Meetings of the Board
11. Disclosure of interest
12. Establishment of committees
13. Allowances
14. Ministerial directives
Administration and staff of the Authority
15. Appointment of Director-General
16. Functions of the Director-General
17. Deputy Director-General
18. Appointment of other staff
19. Secretary to the Board
20. Directorates and structure of the Authority
Regulatory activities of the Authority
21. Application for authorisation
22. Obtaining information
23. Obligations of authorised person
24. Radiation protection
25. Medical practices
26. Protection of patients
27. National register of radiation sources
28. National register of export, import, trans-shipment and transport of radioactive sources
29. Export and import of controlled items
30. Recovery of orphan sources
31. Emergency preparedness plans
32. National plan for nuclear or radiological emergencies
33. Trans-boundary emergencies
Regulating nuclear installations
34. Construction and operation of nuclear installations
35. Responsibility of the operator
36. National site evaluation process for nuclear installations
37. Site evaluation for nuclear installations
38. Preconstruction review and assessment of nuclear installations
39. Construction review and assessment of nuclear installations
40. Pre-commissioning review and assessment before commissioning a nuclear installation
41. Review and assessment before commissioning of a nuclear power installation
42. Review and assessment during operation of nuclear installations
Regulating radioactive waste management
43. Operating a radioactive waste management facility
44. Radioactive waste management
45. Responsibility for safety and security of radioactive waste
46. Safe and secure management of radioactive waste
47. Prohibition of import of radioactive waste
48. Authorisation for the export of radioactive waste
49. Criteria for export of radioactive waste
50. Re-import of radioactive waste
Transportation of radioactive materials
51. Requirements for transportation of radioactive material
Regulating decommissioning of nuclear facilities
52. Decommissioning of nuclear facilities
53. Decommissioning plan
54. Obligations of authorised person for decommissioning
55. Financing of decommissioning
Safeguards and prohibitions
56. Prohibitions on non-peaceful use of nuclear material
Regulating extraction, mining and processing of radioactive materials
57. Processing of materials containing radioactive substances
58. Authorisation for mining of radioactive materials
59. Responsibilities of the authorised person
Liability for nuclear damage
60. Nuclear installation
61. Non-discrimination
62. Liability of the operator
63. Liability during transportation
64. Amount of liability
65. Insuring against nuclear liability
66. Compensation
67. Limitation on right to compensation
68. Jurisdiction
69. Exceptions to liability
70. Judgments
Inspection and enforcement
71. Annual levies of authorised persons
72. Appointment of inspectors and analysts
73. Powers of the inspector and the analyst
74. Report on inspection
75. Cessation of activities
Offences, penalties and appeals
76. Notice to remedy a contravention
77. False statement and obstruction of inspectors
78. Handling of radioactive and nuclear materials and devices
79. Unlawful use of radioactive or nuclear material
80. Offences relating to nuclear facilities
81. Decision of inspector or analyst subject to appeal
82. Complaints procedure
83. Appointment of Complaints Panel
84. Hearing by the Complaints Panel
85. Judicial appeal
Financial provisions
86. Funds of the Authority
87. Retention and utilisation of internally generated funds
88. Annual budget of the Authority
89. Accounts and audit
90. Annual report and other reports
Regulations and guidelines
91. Regulations
92. Guidelines, standards and procedures
Miscellaneous provisions
93. Interpretation
94. Revocation and savings
95. Transitional provisions
96. Consequential amendments
SCHEDULES
THE EIGHT HUNDRED AND NINTY-FIFTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
NUCLEAR REGULATORY AUTHORITY ACT, 2015
AN ACT to establish a Nuclear Regulatory Authority; to provide for the regulation and
management of activities and practices for the peaceful use of nuclear material or energy,
radioactive material or radiation; to provide for the protection of persons and the environment
against the harmful effects of radiation hazards; to ensure the effective implementation of the
country's international obligations and for related matters.
DATE OF ASSENT: 14th August 2015.
PASSED by Parliament and assented to by the President:
Application
Section 1—Application
(1) This Act applies to the—
(a) regulation and management of activities and practices for the peaceful use of nuclear energy
and radiation under the jurisdiction and control of the country, including the production,
possession, use, import, export, transportation, transfer, handling and management of radioactive
material, decommissioning or other related activity or practice identified by the Authority;
(b) management of radioactive waste resulting from civilian applications in the country; and
(c) management of spent fuel resulting from the operation of civilian nuclear reactors in the
country.
(2) This Act does not apply to any exposure, the magnitude of which is not amenable to control
through the requirements and standards determined by the Authority.
Section 2—Act to bind the Republic
This Act binds the Republic.
The Nuclear Regulatory Authority
Section 3—Establishment of the Authority
(1) There is established by this Act a body corporate to be known as the Nuclear Regulatory
Authority.
(2) Where there is a hindrance to the acquisition of property by the Authority, the property may be
acquired for the Authority under the State Lands Act, 1962 (Act 125) and the cost of the acquisition
shall be borne by the Authority.
Section 4—Objects of the Authority
The objects of the Authority are to—
(a) ensure that radiation and nuclear energy is used by only persons authorised under this Act, for
peaceful purposes;
(b) provide protection of persons and the environment against the harmful effects of radiation
hazards; and
(c) pursue and ensure strict compliance with this Act and the Regulations.
Section 5—Functions of the Authority
To achieve its objects, the Authority shall—
(a) facilitate the development of national policies on the regulation and management of activities
and practices with respect to—
(i) nuclear safety and research;
(ii) security of nuclear and radioactive materials;
(iii) radiation; and
(iv) the implementation of safeguards specified under this Act;
(b) regulate the introduction of radiation sources, nuclear materials, equipment or practices that
expose workers, patients, the public and the environment to radiation;
(c) issue, modify, suspend or revoke authorisation, and determine conditions for authorisation;
(d) regulate research on radiation and nuclear safety and security, and of radioactive waste
matters;
(e) regulate the use of radioactive materials in the exploration, exploitation and extraction of oil
and gas, and the mining and milling of radioactive ores and other ores associated with radioactive
and nuclear materials;
(f) define the detailed obligations to be placed on persons who possess radiation sources and
nuclear materials, including financial conditions;
(g) establish and maintain a national register of radiation sources and of persons authorised to
carry out any activity or practice related to a source of radiation;
(h) collect information, documents and views from private and public organisations or persons as
may be necessary and appropriate for the discharge of its functions;
(i) collaborate with agencies responsible for emergency to establish plans and procedures for
coping with any radiological emergency and abnormal occurrence involving a nuclear material,
radiation source or any other radioactive source;
(j) ensure that the operators provide training, information and guidance on nuclear safety, security
and safeguards and radiation protection of the public;
(k) educate the public on nuclear and radiation matters;
(l) establish regional and other offices as it may consider necessary for the proper performance
of its functions;
(m) facilitate the conduct of inspections by designated inspectors of the International Atomic
Energy Agency to verify design information, inspections and complementary access as provided
for in the Safeguards Agreement and the Additional Protocols;
(n) collect, collate and provide information to the International Atomic Energy Agency in
accordance with the Safeguards Agreement and any additional protocols to that Agreement;
(o) exchange information and co-operate with regulatory authorities of other countries and
relevant international organisations on matters of nuclear safety, nuclear security and safeguards;
(p) collaborate with the Environmental Protection Agency to identify activities and practices that
may require Environmental Impact Assessment and develop environmental guidelines for those
activities and practices;
(q) ensure that the polluter pays principle is applied in the management of nuclear and radioactive
waste in the country;
(r) review nuclear safety assessment and safety analysis reports from authorised persons; and
(s) perform other functions that may be assigned to the Authority under any other enactment.
Section 6—Powers of the Authority
The Authority may, for purposes of section 5, exercise the following powers:
(a) define the exposures that are excluded from the scope of application of this Act;
(b) establish the process for removal of a facility or activity from regulatory control;
(c) impose an administrative penalty on an authorised person including a prohibition or
confiscation of the nuclear and radioactive material or equipment and its source, for non-
compliance with this Act and any Regulations;
(d) levy fees for authorisation;
(e) collaborate with the Ministries responsible for National Security and the Interior in
determining what constitutes a domestic threat for the variety of nuclear and radioactive materials
used within the country and assess the Republic’s vulnerability to each threat;
(f) establish in collaboration with the Ghana Immigration Service and the Customs Division of
the Ghana Revenue Authority, a control system for the import and export of nuclear material,
radioactive sources and other controlled items;
(g) establish and maintain a national system for registering, authorisation, and accounting for
nuclear materials and radiation sources;
(h) establish appropriate mechanisms for stakeholder participation in the regulatory process;
(i) set conditions for issuing authorisation and issue, amend, suspend or revoke an authorisation;
(j) grant exemptions concerning the possession and use of radiation sources, and the safe
management of radioactive materials;
(k) conduct inspections to assess compliance with safeguard conditions and radiation safety and
security conditions, imposed by the Authority on an authorised person;
(l) establish a system for tracking inventories and movement of nuclear material; and
(m) establish procedures for reporting to the International Atomic Energy Agency in accordance
with section 56.
Section 7—Governing body of the Authority
(1) The governing body of the Authority is a Board consisting of—
(a) the chairperson,
(b) the Director-General,
(c) one representative of the Environmental Protection Agency not below the rank of a director,
(d) one representative of the National Security Council not below the rank of a director, and
(e) three other members with cognate background and experience in the sciences at least one of
whom is a woman.
(2) Members of the Board shall be appointed by the President in accordance with article 70 of the
Constitution.
Section 8—Tenure of office of members
(1) A member of the Board appointed otherwise than by reason of that member’s office shall, hold
office for a period not exceeding three years and is eligible for re-appointment but a member shall
not be appointed for more than two consecutive terms.
(2) A member of the Board who is absent from three consecutive meetings of the Board without
sufficient cause ceases to be a member of the Board.
(3) The office of a member of the Board appointed otherwise than by office becomes vacant if the
member at anytime resigns from office in writing addressed to the President through the
chairperson of the Board.
(4) The President may by a letter addressed to a member other than the Director-General, revoke
the appointment of that member.
(5) Despite subsection (4), the President may by a letter addressed to the Director-General, revoke
the appointment of the Director-General if the Director-General is removed from office by virtue
of section 15(4).
(6) Where a member of the Board is for sufficient reason, unable to act as a member, the Minister
shall determine whether the inability would result in the declaration of a vacancy.
(7) Where there is a vacancy—
(a) under subsection (2) or (3) or section 11(3),
(b) as a result of a declaration under subsection (6), or
(c) by reason of the death of a member
the Minister shall notify the President of the vacancy and the President shall appoint a person to
fill the vacancy.
Section 9—Functions of the Board
The Board shall—
(a) initiate policies for the development of the Authority;
(b) ensure the proper management of the resources of the Authority; and
(c) ensure the implementation of the functions conferred on the Authority under this Act and any
other enactment.
Section 10—Meetings of the Board
(1) The Board shall meet at least once every three months for the despatch of business at the times
and places determined by the chairperson.
(2) The chairperson shall at the request in writing of not less than one-third of the membership of
the Board convene an extraordinary meeting of the Board at the place and time determined by the
chairperson.
(3) The quorum at a meeting of the Board is five members of the Board or a greater number
determined by the Board in respect of a particular matter.
(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson,
a member of the Board elected by the members present from among their number shall preside.
(5) Matters before the Board shall be decided by a majority of the members present and voting,
and in the event of an equality of votes, the person presiding shall have a casting vote.
(6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a
matter for decision at the meeting.
Section 11—Disclosure of interest
(1) A member of the Board shall disclose in writing any personal interests or otherwise that the
member has in the activities or practices regulated by the Authority.
(2) A member of the Board who has an interest in a matter for consideration shall—
(a) disclose the nature of the interest and the disclosure shall form part of the record of the
consideration of the matter; and
(b) not participate in the deliberations of the Board in respect of that matter.
(3) A member ceases to be a member of the Board, if that member has an interest in a matter before
the Board and—
(a) fails to disclose that interest; or
(b) participates in the deliberations of the Board in respect of that matter.
Section 12—Establishment of committees
(1) The Board may establish committees consisting of members of the Board or non-members or
both to perform a function that the Board may determine.
(2) Without limiting subsection (1), the Board shall have a Technical Committee which may be
chaired by a person who is not a member of the Board.
(3) A committee composed entirely of non-members may only advise the Board.
(4) Section 11 applies to members of committees of the Board.
Section 13—Allowances
Members of the Board and members of a committee of the Board shall be paid the allowances
approved by the Minister in consultation with the Minister responsible for Finance.
Section 14—Ministerial directives
The Minister may, in writing, give policy directives that are consistent with the provisions of this
Act to the Board and the Board shall give effect to the directives.
Administration and staff of the Authority
Section 15—Appointment of Director-General
(1) The President shall appoint a Director-General for the Authority in accordance with article 195
of the Constitution.
(2) A person qualifies for appointment to the post of Director-General if that person
(a) is a person of proven integrity; and
(b) has a qualification and practical experience in the relevant field.
(3) The Director-General shall hold office in accordance with the terms and conditions specified
in the letter of appointment.
(4) The Director-General shall be removed from office for incapacity, malfeasance, incompetence
or for other stated reasons.
Section 16—Functions of the Director-General
(1) The Director-General is responsible for the day to day administration of the affairs of the
Authority and is answerable to the Board in the performance of functions under this Act.
(2) The Director-General shall perform other functions determined by the Board.
Section 17—Deputy Directors-General
(1) The President shall, on the recommendation of the Board and in accordance with article 195 of
the Constitution, appoint Deputy Directors-General for the Authority.
(2) A Deputy Director-General shall hold office in accordance with the terms and conditions
specified in the letter of appointment.
(3) A Deputy Director-General shall assist the Director-General in the administration of the
Authority.
Section 18—Appointment of other staff
(1) The President shall in accordance with article 195 of the Constitution appoint other staff of the
Authority that are necessary for the proper and effective performance of its functions.
(2) Other public officers may be transferred or seconded to the Authority or may otherwise be
requested to give assistance to the Authority.
(3) The Board shall vet and interview persons to be transferred or seconded to the Authority.
(4) A person seconded or transferred to the Authority shall declare in writing any personal interest
in an activity or a practice involving nuclear or radioactive materials.
(5) The Authority may engage the services of such experts and consultants as it considers necessary
on the recommendations of the Director-General.
(6) Civil proceedings may not be brought against any member or other person acting on behalf or
under the direction of the Authority for—
(a) anything done, reported or said in good faith—
(i) in the course of the performance of a function, exercise of a power or discharge of a duty, or
(ii) in the purported performance of a function, exercise of a power or discharge of a duty, or
(b) an alleged neglect or default in the performance of a function, exercise of a power or discharge
of a duty of the Authority under this Act.
Section 19—Secretary to the Board
(1) The Board shall designate the Director of Legal Services as Secretary to the Board.
(2) The Secretary shall perform functions as directed by the Board.
Section 20—Directorates and structure of the Authority
(1) The Board shall establish directorates necessary for the operation of the Authority.
(2) A directorate established pursuant to subsection (1) shall be headed by a Director.
Regulatory activities of the Authority
Section 21—Application for authorisation
(1) A person shall not engage in an activity or a practice which involves the use of nuclear material,
radioactive material or any radiation, unless that person is authorised by the Authority.
(2) Subject to this Act, a person who intends to engage in any activity or practice involving—
(a) nuclear material or radioactive material,
(b) nuclear waste or radioactive waste, or
(c) radiation
shall apply to the Authority in writing for authorisation.
Section 22—Obtaining information
(1) The Director-General, an employee or any other person authorised by the Director-General
shall have access to the relevant records, books or facilities of the person requested to provide the
information.
(2) The applicant shall make available any information considered necessary by the Authority.
Section 23—Obligations of authorised person
(1) A person authorised to conduct an activity or a practice—
(a) shall not transfer a right or an obligation under the authorisation to another person;
(b) is responsible for the safe and secure conduct of the activity or practice in compliance with
this Act;
(c) shall ensure that appropriate measures are taken to handle and finally dispose of radioactive
waste arising from the authorised activity or practice in a safe manner;
(d) shall ensure that appropriate measures are put in place for the decommissioning and
dismantling of facilities in which the authorised activity or practice is conducted;
(e) shall ensure that persons employed for purposes of the authorised activity or practice and the
public are protected from radiological injury;
(f) shall ensure compliance with requirements and dose limits established by the Authority;
(g) shall ensure that radiation doses to the public, the number of persons exposed and persons
employed for purposes of the activity or practice, including doses released into the environment,
are within reasonably acceptable and authorised limits taking into consideration social and
economic factors;
(h) shall before the cessation of the authorised activity or practice, inform the Authority of its
decision to cease the activity or practice;
(i) shall maintain records required by the Authority and make them available for inspection as
required; and
(j) shall provide—
(i) information to the Authority as required by the Authority; and
(ii) the Authority, access to its premises for purposes of verifying compliance with applicable
Regulations and authorisation conditions.
(2) An authorised person who contravenes subsection (1) commits an offence and is liable on
summary conviction to a fine of not less than seven hundred and fifty penalty units and not more
than two thousand five hundred penalty units or to a term of imprisonment of not less than three
years and not more than five years or to both the fine and imprisonment.
Section 24—Radiation protection
(1) The Authority shall adopt requirements for protection of persons from harmful effects arising
from exposure to radiation.
(2) The Authority shall, prescribe guidelines, standards and measures aimed at preventing
exposure of humans to radiation.
Section 25—Medical practices
(1) A person shall not apply a medical diagnosis or therapy which utilises nuclear material,
radioactive material or any radiation on another person, unless the person possesses the
qualification prescribed by the Authority and is authorised.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary
conviction to a fine of not less than one thousand penalty units and not more than two hundred and
fifty thousand penalty units or to a term of imprisonment of not less than four years and not more
than five years or to both the fine and imprisonment.
Section 26—Protection of patients
A person authorised to apply a medical procedure shall ensure that the patient is not administered
with a diagnostic or therapeutic exposure, unless the exposure is prescribed by an authorised
medical officer who is assigned to the patient for purposes of delivering that medical therapy.
Section 27—National register of radiation sources
(1) The Authority shall establish and maintain a national register of radiation sources and nuclear
material.
(2) The categorisation of radiation sources in the national register shall take account of their
potential to cause injury to persons, society and the environment.
(3) The Authority shall adopt measures to protect information contained in the national register to
ensure that the safety and security of a registered radiation source is not compromised.
Section 28—National register of export, import, trans-shipment and transport of radioactive
sources
(1) The Authority shall determine and publish in the Gazette any radioactive or nuclear material,
equipment or technology that is subject to control as a national policy and in the interest of the
security of the country.
(2) A person shall not export, import, trans-ship or transport a controlled item without authorisation
from the Authority.
(3) A person who intends to export, import, trans-ship or transport a controlled item shall apply to
the Authority in writing, for authorisation.
Section 29—Export and import of controlled items
The Authority shall—
(a) before authorising an applicant to export an item which is subject to control by the Authority,
consider the following:
(i) that the receiving State has made a binding commitment to use the item being exported and
information in respect of that item for a peaceful purpose only;
(ii) any International Atomic Energy Agency safeguards requirement applicable to the item to be
exported;
(iii) whether the receiving State has placed its nuclear material and nuclear facilities under
International Atomic Energy Agency safeguards;
(iv) whether approval of the Authority has been given for the transfer to a third State, of an item
or technology previously transferred into the country;
(v) whether the requirements in the Convention on the Physical Protection of Nuclear Material
for the transport of the material to be exported has been met; and
(vi) any information provided by the applicant in respect of the end use and end user of the nuclear
material, equipment or information to be transferred that confirms the legitimate peaceful use of
the nuclear material, equipment or information; and
(b) before authorising an applicant to import an item which is subject to control by the Authority,
consider the following:
(i) whether the material, equipment or technology to be imported is not prohibited by any law or
regulatory provision in the country;
(ii) whether the designated recipient of the imported item is subject to an authorisation requirement
under another enactment and the authorisation has been granted; and
(iii) whether the end user of the imported item has the technical and administrative capability and
resources to use the imported item in a safe and secured manner.
Section 30—Recovery of orphan sources
(1) An authorised person who has lost control of a radioactive source shall, promptly report the
loss or any other incident that could pose a significant risk to the safety or security of persons and
the environment, to the Authority.
(2) The Authority shall collaborate with the Ministry responsible for National Security and
agencies responsible for emergency, to develop a national strategy for the prompt recovery and
control over an orphan source in respect of which control is lost.
(3) The Authority shall ensure the safe management of any orphan source to ensure its security
and safety.
Section 31—Emergency preparedness plans
(1) A person shall not be authorised unless that person has in place an appropriate emergency
preparedness and response plan
(a) operation of that person’s facility or a source the person possesses or uses; and
(b) activity or practice for which the authorisation is sought.
(2) The plan shall consist of both on-site and off-site emergency plans.
(3) An applicant shall in preparing an emergency plan, take into account—
(a) an assessment of the nature, likelihood and potential magnitude of resulting damage, including
the population and area potentially at risk from an accident, malicious act or incident;
(b) the results of any accident analysis and lessons learned from that accident or incidents that
have occurred in connection with similar activities or practices.
(4) An emergency plan shall—
(a) identify the conditions that could create a need for emergency intervention;
(b) require the applicant to immediately notify the Authority and other government agencies
determined by the Authority, of any situation or incident that poses a risk of radiological injury
and requires emergency intervention;
(c) allocate responsibilities for—
(i) initiating intervention; and
(ii) notifying relevant emergency intervention and response organisations;
(d) specify procedures, including communication arrangements, for contacting and obtaining
assistance from emergency intervention organisations;
(e) specify intervention levels for protective actions and the scope of their application, taking into
account the possible severity of emergencies that could occur;
(f) describe the methods and instruments necessary for assessing an emergency situation and its
consequences;
(g) specify the procedure for terminating each emergency response or action;
(h) specify the training required of emergency responders and for conducting appropriate practice
exercises to test the adequacy of the plan and to ensure that persons who may be involved in the
emergency interventions are adequately informed and prepared for possible emergencies;
(i) ensure persons likely to be affected by an emergency are well educated and informed about the
potential risks of that emergency; and
(j) be prepared in consultation with relevant emergency intervention or emergency responders,
including the traditional authority, the local authority, and district, regional and national
administrative authorities.
(5) An emergency plan shall be reviewed annually and updated.
(6) In the event of a nuclear or radiological emergency, the authorised person shall implement the
emergency plan as approved by the Authority.
Section 32—National plan for nuclear or radiological emergencies
(1) The Authority shall in collaboration with agencies responsible for emergency and disaster
management develop and maintain a national emergency plan for responding to potential nuclear
or radiological emergencies.
(2) The National Security Council shall approve the plan.
(3) The national emergency plan for nuclear or radiological emergencies shall take into account
other national emergency response plans or programmes.
(4) The national emergency plan for nuclear or radiological emergencies shall detail an allocation
of responsibilities and actions among relevant governmental and non-governmental bodies,
including arrangements for communications and public information.
(5) The Authority shall in collaboration with agencies responsible for emergency, review and
update the plan every two years.
(6) The updated plan shall be approved in accordance with subsection (2).
Section 33—Trans-boundary emergencies
(1) In the event of a nuclear or radiological emergency that poses a risk of radioactive
contamination spreading beyond the boundaries of Ghana, the Authority shall immediately notify
the International Atomic Energy Agency and the relevant authorities of any State that could be
affected by the release.
(2) The Authority shall, in collaboration with the organisations responsible for disaster
management, serve as the point of contact for providing any information or assistance regarding
nuclear or radiological emergencies under the terms of relevant international instruments,
including the Convention on Early Notification of a Nuclear Accident and the Convention on
Assistance in the Case of a Nuclear Accident or Radiological Emergency.
Regulating nuclear installations
Section 34—Construction and operation of nuclear installations
(1) A person shall not construct or operate a nuclear installation and conduct a related activity
unless the person is authorised by the Authority.
(2) A person who intends to undertake maintenance, expansion, or an alteration or any activity
related to the site or structure of an authorised facility shall notify the Authority and obtain
authorisation before the commencement of the activity.
Section 35—Responsibility of the operator
An operator is responsible for ensuring the safe and secure conduct of any activity or practice
associated with that operator’s facility.
Section 36—National site evaluation process for nuclear installations
(1) The Authority shall establish a process consistent with procedures contained in the national
nuclear development plan for the evaluation of proposed sites for nuclear installations in the
country.
(2) The Authority shall approve the proposed location for the development of a nuclear installation
and associated facilities before the detailed evaluation of that site and preconstruction review and
assessment of the proposed facility are commenced.
(3) The process for site evaluation shall include an assessment of the following:
(a) the effects of external events occurring in the region, either of natural origin or human induced;
(b) the characteristics of the site and its environment that could influence the transfer to persons
and the environment of radioactive material that has been released; and
(c) the population density and population distribution and other characteristics of the exclusion
zone in so far as they may affect the possibility of implementing emergency measures and the need
to evaluate the risks to individuals and the population.
Section 37—Site evaluation for nuclear installations
An applicant for authorisation to construct and operate a nuclear installation shall, prepare a site
evaluation report for assessment and review by the Authority, and the report shall include,
(a) the frequency and severity of external natural and human induced events and the phenomena
that could affect the safety of the facility;
(b) the foreseeable evolution of natural and man-made factors in the proposed area that may have
a bearing on safety during the projected life span of the facility;
(c) the hazards associated with external events that are to be considered in the design of the facility,
including the potential combined effects of these hazards with ambient conditions including
hydrological, hydro-geological and meteorological conditions;
(d) additional matters relating to safety, including the storage and transport of nuclear and other
radioactive materials, fresh and spent fuel and radioactive waste;
(e) the possible non-radiological impact of the facility due to chemical or thermal releases, and
the potential for explosion and the dispersion of chemical products;
(f) the potential for interactions between nuclear and non-nuclear effluents;
(g) the potential radiological impact in operational state and its conditions on persons within the
area, including impacts outside of Ghana; and
(h) in so far as possible, the total nuclear capacity to be installed on the site, with provision for re-
evaluation of the site if the installed capacity is to be significantly increased beyond the level
assessed in a previous site evaluation.
Section 38—Preconstruction review and assessment of nuclear installations
The Authority shall before authorising the construction of a nuclear installation, review and
assess—
(a) the competence and capability of the applicant to meet relevant permit or authorisation
requirements;
(b) the site evaluation report prepared under section 37 to confirm its acceptability and related
information needed for the design of the proposed facility;
(c) the potential environmental impact of the proposed facility;
(d) the basic design of the proposed facility, to confirm that it can meet relevant safety, security
and physical protection requirements;
(e) the quality assurance organisation and programme of the applicant or operator and vendors;
(f) research results and development plans related to demonstration of the acceptability of the
design; and
(g) arrangements for the management of radioactive waste and decommissioning.
Section 39—Construction review and assessment of nuclear installations
The Authority shall review and assess the following during the construction of a nuclear
installation:
(a) the development of the facility design through documentation submitted by the operator to
determine its continued acceptability; and
(b) the progress of research and development activities in connection with demonstrating the
acceptability of the design.
Section 40—Pre-commissioning review and assessment before commissioning a nuclear
installation
The Authority shall before commissioning a nuclear installation, review and assess the—
(a) commissioning programme of the nuclear installation and if necessary establish a schedule for
further review and assessment;
(b) as-built design of the installation;
(c) limits and conditions for radiation protection;
(d) measures put in place for radiation protection;
(e) adequacy of operating instructions and procedures, especially the main administrative
procedures, general operating procedures and emergency operating procedures;
(f) recording and reporting systems;
(g) arrangements for training and qualification of personnel for the installation, including staffing
levels and fitness for duty requirements;
(h) quality assurance organisation and programme for operation;
(i) emergency preparedness programme;
(j) accounting measures for nuclear and radioactive materials; and
(k) adequacy of physical protection measures.
Section 41—Review and assessment before commissioning of a nuclear power installation
The Authority shall before authorising the loading of nuclear fuel or initial criticality, complete
the review and assessment of the following:
(a) the results of non-nuclear commissioning tests;
(b) arrangements for periodic testing, maintenance, inspection, and control of modifications and
surveillance.
Section 42—Review and assessment during operation of nuclear installations
The Authority may during the operation of a nuclear installation,
(a) review, assess and approve any changes in operational limits and conditions or significant
safety-related modifications; and
(b) make periodic reviews of the operator’s compliance with relevant terms and conditions related
to the safety and security of the installation.
Regulating radioactive waste management
Section 43—Operating a radioactive waste management facility
(1) A person or entity shall not operate a radioactive waste management facility, unless the person
or entity is authorised by the Authority.
(2) An application for authorisation to operate a radioactive waste management facility shall be
submitted to the Authority together with a plan for the discontinuation of the operation of the
facility.
(3) The plan shall provide the mechanism for the disposal of radioactive waste.
(4) The Authority shall approve the plan before granting authorisation for the operation of the
facility.
Section 44—Radioactive waste management
A person authorised to manage radioactive waste under this Act shall, in managing the waste,
ensure that—
(a) the public and the environment are adequately protected against radiological and other
hazards;
(b) the generation of radioactive waste is kept at a minimum;
(c) relationships at the different levels in radioactive waste and spent fuel management are taken
into account at all times;
(d) protective measures for radioactive waste management in the country are implemented in a
manner that reflects internationally recognised criteria, standards and guidance and in particular
those adopted by the International Atomic Energy Agency;
(e) biological, chemical and other hazards that may be associated with radioactive waste
management are adequately addressed;
(f) criticality and removal of residual heat generated during radioactive waste and spent fuel
management are adequately addressed;
(g) activities that may impose reasonably predictable impacts on future generations greater than
those permitted for the current generation are avoided;
(h) undue burdens on future generations are avoided; and
(i) appropriate funding arrangements are in place.
Section 45—Responsibility for safety and security of radioactive waste
A person authorised to manage a radioactive waste management facility shall ensure the safety
and security of the facility throughout its operational life.
Section 46—Safe and secure management of radioactive waste
To ensure the safe and secure management of radioactive waste in the country, the Minister shall,
on the advice of the Authority, by legislative instrument, make Regulations—
(a) to establish the safety and security requirements;
(b) for the protection of the public and the environment from adverse impacts of radioactive waste
management activities;
(c) to establish a system of institutional control for disposal, including regulatory inspection,
documentation of inspection and reports on the inspection of radioactive waste management
activities; and
(d) to establish a system of enforcement to ensure compliance with applicable Regulations and
the terms and conditions of each authorisation for radioactive waste management activities.
Section 47—Prohibition of import of radioactive waste
Radioactive waste generated in another country shall not be imported into the country for any
purpose.
Section 48—Authorisation for the export of radioactive waste
(1) Radioactive waste generated within the country may be exported by an authorised person after
the Authority has granted authorisation for the export.
(2) The Authority shall not permit radioactive waste to be exported for storage or disposal to a
destination beyond latitude 60 degrees south.
Section 49—Criteria for export of radioactive waste
The Authority shall not authorise a person to export radioactive waste, unless the person satisfies
the following conditions:
(a) that the applicant has established procedures that ensure that the importing country will be
notified of the transfer of radioactive waste or spent fuel prior to its receipt and has consented to
the transfer;
(b) movement of the exported material will be conducted in conformity with relevant international
obligations in any country through which the material will transit; and
(c) the importing country possesses the administrative and technical capacity as well as the
regulatory structure needed to manage the exported radioactive waste or spent fuel in a manner
that ensures its safety and security, consistent with relevant internationally recognised standards,
and in particular those promulgated by the International Atomic Energy Agency.
Section 50—Re-import of radioactive waste
(1) Where an authorised export of radioactive waste cannot be completed in conformity with this
Act, the radioactive waste shall not be re-imported into the country, unless the authorised person
has provided an alternative safe and secure arrangement approved by the Authority.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary
conviction to a fine of not less than one thousand five hundred penalty units and not more than two
thousand five hundred penalty units or to a term of imprisonment of not less than fifteen years and
not more than twenty-five years or to both the fine and the imprisonment.
Transportation of radioactive material
Section 51—Requirements for transportation of radioactive material
(1) A person shall not transport radioactive material unless the person has been authorised by the
Authority.
(2) The transport of radioactive material shall be carried out in accordance with this Act and
Regulations.
(3) Where Regulations have not been made under section 91(2)(k), the transport of radioactive or
nuclear material shall be carried out in accordance with the applicable technical requirements of
the regulations for the safe transport of radioactive materials made by the International Atomic
Energy Agency.
Regulating decommissioning of nuclear facilities
Section 52—Decommissioning of nuclear facilities
(1) The Authority shall, by a notice published in the Gazette, specify the procedure for the
decommissioning of a nuclear facility.
(2) The notice shall include—
(a) steps to be taken to resolve any safety and environmental issues and conditions of the end state
of decommissioning;
(b) limits and conditions for the removal of regulatory controls for a facility that contains
radionuclides; and
(c) criteria for the clearance of material during and after decommissioning.
(3) The Authority shall require the applicant to construct and operate a nuclear facility to perform
a baseline survey of the site to develop information for comparison with the end state after
decommissioning, including radiological conditions before the construction.
(4) The Authority shall ensure that relevant documents and records are prepared by the authorised
person and maintained for a specified period of time before, during and after decommissioning.
(5) The Authority shall evaluate the end state of the facility after decommissioning activities have
been completed to ensure that relevant regulatory requirements have been met.
(6) The facility shall remain under the regulatory control of the Authority until the authorised
person has demonstrated that the end state in the decommissioning plan has been reached and that
any other additional regulatory requirements have been met.
(7) The Minister shall on the advice of the Authority, by legislative instrument, make Regulations
establishing the criteria for determining when a nuclear facility or part of a nuclear facility may be
permanently shut down.
Section 53—Decommissioning plan
(1) An applicant for authorisation to construct and operate the nuclear facility shall at the design
stage of a nuclear facility, prepare a decommissioning plan for approval by the Authority.
(2) The Authority shall ensure that interested parties are provided an opportunity to review and
comment upon the decommissioning plan before it is approved by the Authority.
(3) The Authority shall require the authorised person to provide periodic reviews and updates of
the decommissioning plan and shall specify the maximum time intervals between the reviews and
the updates.
(4) Where specific circumstances can result in significant changes in the initial decommissioning
plan, the authorised person shall, at the request of the Authority, revise and update the plan to
reflect these changed circumstances and submit it to the Authority for approval.
(5) The Authority shall require that a proposed final decommissioning plan be submitted for
approval two years before the cessation of authorised activities, unless an alternative schedule for
submitting the final decommissioning plan is specifically authorised by Authority.
(6) The Authority shall ensure that a programme to implement and monitor compliance with
remaining regulatory requirements is established for sites where decommissioning has been
completed, including restrictions on future use of the site.
(7) The Authority shall ensure that appropriate records are maintained to confirm the completion
of the decommissioning plan.
(8) For purposes of subsection (7), the records shall include records of the premises and the
disposal of radioactive waste and material and documents that are necessary for responding to
possible liability claims.
Section 54—Obligations of authorised person for decommissioning
An authorised person shall, for purposes of the decommissioning of the facility of that authorised
person—
(a) submit to the Authority a decommissioning plan which is commensurate with the type and
status of the facility, and hazards that may be associated with its decommissioning;
(b) prepare safety and environmental impact assessments necessary for the implementation of the
decommissioning plan for the approval of the Environmental Protection Agency acting on the
advice of the Authority;
(c) conduct a baseline survey of the site in an effective and timely manner;
(d) be responsible for the safety, security and protection of persons and the environment, including
any activities conducted by contractors or subcontractors;
(e) design new features or facilities and systems during the operation of the facility, that can
facilitate eventual decommissioning of the facility;
(f) submit to the Authority for approval, new or untried methods for the decommissioning of the
facility;
(g) submit a final decommissioning plan two years before a permanent cessation of operation, and
inform the Authority of a decision to permanently shut down the facility two months before
shutting down;
(h) maintain the facility in a safe configuration for effective and adequate decommissioning in the
future in the case of deferred dismantling;
(i) maintain a management and human resource development system within the organisation to
ensure that decommissioning can be completed safely, and that responsible persons possess the
necessary skills, expertise and training relevant to safe decommissioning;
(j) maintain an emergency planning arrangement correlative with associated hazards and to report
significant incidents to the Authority; and
(k) arrange for adequate financing at each stage of the decommissioning process including
provisions for loss of life or personal injury up to thirty years from the date of decommissioning.
Section 55—Financing of decommissioning
(1) An applicant for authorisation to construct and operate a nuclear facility shall ensure that
adequate financial resources are available when needed to cover the costs associated with a safe
decommissioning, including the management of the resulting waste during the operation of t he
facility.
(2) The amount of the financial resources to be made available for decommissioning activities
shall be commensurate with the specific cost estimate of the facility and shall be varied if the cost
estimate increases or decreases.
(3) The estimated cost shall be reviewed as part of the periodic review of the decommissioning
plan.
(4) The Authority shall, on the advice of the Ministry of Finance, Accountant-General’s
Department and Bank of Ghana, establish the necessary mechanisms to enforce the obligations of
an authorised person under this Act.
(5) For purposes of facilities in existence before the commencement of this Act for which financial
resources are not available, proof of financial assistance shall be required before the renewal or
extension of an authorisation.
Safeguards and prohibitions
Section 56—Prohibitions on non-peaceful use of nuclear material
(1) A person shall use nuclear material exclusively for a peaceful activity and in accordance with
national laws, international treaties and legal instruments.
(2) Without limiting the generality of subsection (1), a person shall not—
(a) manufacture, possess, control or acquire, directly or indirectly; or
(b) receive any assistance directly or indirectly in the manufacture of a nuclear weapon or other
nuclear explosive device in the country.
(3) A person engaged in an activity specified in the Safeguards Agreement and any Protocols to
that Agreement shall, submit to the Authority, information and data required by the Authority to
meet its reporting obligations under that Agreement.
(4) Each authorised person shall grant an inspector of the Authority and inspectors from the
International Atomic Energy Agency, access to any premises, installation or facility in respect of
which inspections are required to be conducted for the purpose of verifying activities identified
under the Safeguards Agreement and its Protocols.
Regulating extraction, mining and processing of radioactive material
Section 57—Processing of materials containing radioactive substances
(1) A person shall not conduct an extraction, mining or processing operation that involves any
material that could pose a health and safety risk from exposure to ionising radiation, including—
(a) any exploration activity that involves a possible exposure to radiation;
(b) the removal of uranium or thorium from the site for testing or valuation, unless exempted by
the Authority;
(c) excavation activities at a site, and a test mine, for evaluation or delineation of the ore body;
(d) extraction activities that may enhance the concentration of naturally occurring radioactive
material;
(e) the siting, construction or operation of a mine or processing facility;
(f) the transport of the product of mining or milling activities;
(g) the decommissioning or closure of a mine or processing facility; and
(h) radioactive waste management unless the person is authorised by the Authority.
(2) The Minerals Commission shall ensure that persons authorised under the Minerals and Mining
Act, 2006 (Act 703) to engage in any of the activities listed under subsection (1) are authorised in
accordance with this Act before commencing operation.
(3) A person who contravenes this section commits an offence and is liable on summary conviction
to a fine of not less than one thousand penalty units and not more than two thousand five hundred
penalty units or to a term of imprisonment of not less than four years and not more than five years
or to both the fine and the term of imprisonment.
Section 58—Authorisation for mining of radioactive materials
(1) An applicant for authorisation to conduct mining or to process material that involves uranium
or thorium ore from a site shall, provide information to the Authority on the following:
(a) the mining lease;
(b) the site characteristics, including geology and mineralogy;
(c) the siting or construction plans;
(d) the conceptual design of the mining or processing facility;
(e) proposed work activities, extraction techniques and types of equipment involved;
(f) quantities of uranium or thorium to be removed with the ore;
(g) transportation of the ore;
(h) estimates of exposures and doses for workers;
(i) the measures to be taken for radiation protection;
(j) the procedures for accident prevention;
(k) the plans for effluent management systems and procedures;
(l) procedures for dealing with accidental releases of radioactive or non-radioactive contaminants
to the environment, including mitigation of hazards;
(m) impacts on public health and safety and the environment;
(n) the siting of tailings and storage facilities or stockpiles of ore and waste rock;
(o) the proposed decommissioning plans, including financial arrangements for decommissioning;
and
(p) security measures.
Section 59—Responsibilities of the authorised person
(1) The authorised person is responsible for ensuring the safety and security of any mining and
processing activity conducted pursuant to the relevant authorisation.
(2) The authorised person shall comply with relevant Regulations and authorisation conditions
imposed by the Authority.
(3) The authorised person shall notify the Authority of its intention to modify any activity or
practice it is authorised to undertake, if the modifications could have significant implications for
the safety and security of persons and the protection of the environment, but not implement those
modifications until the notice is received and the modifications approved by the Authority.
Liability for nuclear damage
Section 60—Nuclear installation
For purposes of section 62 to 68, the Authority may consider installations of one operator located
at the same site as a single nuclear installation.
Section 61—Non-discrimination
Section 62 to 68 applies to a person without discrimination on the basis of nationality, domicile or
residence.
Section 62—Liability of the operator
(1) Subject to this Act, the operator of a nuclear installation is liable for nuclear damage, if it is
proved that the damage has been caused by a nuclear incident—
(a) at the nuclear installation of that operator; or
(b) involving nuclear material coming from or originating from the installation of that operator.
(2) An operator who was last authorised to possess a particular nuclear material is liable for nuclear
damage caused by that nuclear material if the nuclear material is stolen, lost or abandoned.
(3) Liability for nuclear damage shall apply to nuclear damage wherever suffered.
Section 63—Liability during transportation
(1) A sending operator is liable for nuclear damage until a receiving operator has taken charge of
the nuclear material being transported.
(2) A carrier is liable for nuclear damage caused by the nuclear material it is contracted to transport,
if at the request of the carrier to be responsible for that liability, the sending operator and receiving
operator have entered into a written agreement with the carrier to shift that liability to the carrier
at the stage of transportation.
(3) In a case where the nuclear material has been sent to a person within the territory of a State that
is not party to either the Paris Convention on Third Party Liability in the Field of Nuclear Energy
or Vienna Conventions on Civil Liability for Nuclear Damage, or the Convention on
Supplementary Compensation for Nuclear Damage, the sending operator is liable until the nuclear
material has been unloaded from the means of transport by which it is sent and delivered to the
receiving operator.
(4) In a case where the nuclear material has been sent from a person within a State that is not party
to either the Paris or Vienna Conventions on Nuclear Liability, or the Convention on
Supplementary Compensation, the receiving operator is liable only after the nuclear material has
been loaded on the means of transport by which it is to be carried from the territory of that non-
contracting State.
Section 64—Amount of liability
(1) Subject to any amendments to the Vienna Convention or the country becoming a party to the
Convention on Supplementary Compensation, the minimum amount of liability of an operator of
a nuclear installation is three hundred million Special Drawing Rights.
(2) Liability for nuclear damage occurring in a non-contracting State that has nuclear installation
on its territory at the time of a nuclear incident, may be fixed at an amount not lower than the Cedi
equivalent of seven hundred million Euros or the transitional amount of three hundred and fifty
million Euros to the extent that the State does not afford reciprocal benefits of an equivalent
amount.
Section 65—Insuring against nuclear liability
(1) The operator of a nuclear installation shall maintain an insurance policy to cover the liability
of the operator in the event of a nuclear damage proved to have been caused by the nuclear
installation of the operator.
(2) The Authority shall in consultation with the National Insurance Commission, set the terms and
conditions of an insurance policy covering liability for nuclear damage.
(3) An insurer shall not insure an operator against liability for nuclear d amage, unless the operator
possesses authorisation from the Authority, authorising the operator to operate the installation.
Section 66—Compensation
(1) The nature, form and extent of compensation, as well as the equitable distribution of the
compensation shall be in accordance with law and as ordered by a court of competent jurisdiction.
(2) Where claims exceed or are likely to exceed the maximum amount required by the Authority
to be set aside by an operator for compensation for nuclear damage caused by a nuclear incident,
the claims shall be settled in the following order:
(a) claims for compensation for any loss of life or personal injury; and
(b) claims for other loss or damage after all claims under paragraph (a) have been satisfied.
(3) Interest and costs awarded by the court for compensation for nuclear damage does not include
the minimum liability amount required under section 64 for purposes of sections 63, 65, 67, 68,
69 and 70.
Section 67—Limitation on right to compensation
(1) A person is barred from making a claim for compensation for nuclear damage under this Act,
if the action to establish the claim is not brought within—
(a) three years from the date on which the person suffering damage had knowledge or ought
reasonably to have had knowledge of the damage and of the operator liable for the damage, but in
any case not more than thirty years after the incident causing the damage;
(b) thirty years from the date of the nuclear incident, in the case of loss of life or personal injury;
or
(c) ten years from the date of the nuclear incident, in the case of any other form of nuclear damage.
(2) Subject to the rules of court, a person who claims to have suffered nuclear damage and who
has submitted a claim for compensation which is not barred by this Act may amend the claim to
take into account any aggravation of the damage, even after the expiration of that period if a final
judgment in respect of the claim has not been entered.
Section 68—Jurisdiction
(1) A claim made under this Act for compensation for nuclear damage caused by a nuclear incident
occurring within the country or within the exclusive economic zone of the country shall lie to the
High Court as a court of first instance.
(2) A person who has a right to compensation for nuclear damage under this Act may bring an
action for compensation against the liable operator or directly against the insurer.
Section 69—Exceptions to liability
(1) The operator of a nuclear installation is not liable for nuclear damage—
(a) that is proved to be directly caused by any armed conflict, hostility, civil war or insurrection;
(b) to the nuclear installation itself or any other nuclear installation, including a nuclear installation
under construction on the site where the installation is located;
(c) to any property on the same site which is used or to be used in connection with a nuclear
installation; or
(d) if the damage suffered by an individual is a result of an act done by that individual with an
intent to do mischief.
(2) Where the operator proves that the nuclear damage resulted wholly or partly either from the
gross negligence of the person suffering the damage or from an act or omission of the person done
with intent to cause damage, the operator may be relieved, wholly or partly, from the obligation to
pay compensation in respect of the damage suffered by that person.
Section 70—Judgments
The High Court shall recognise and enforce the final judgment by a foreign court awarding
compensation for nuclear damage as if it were a judgment of the High Court, except where—
(a) the judgment was obtained by fraud;
(b) the party against whom the judgment was pronounced was not given a fair opportunity to
present the case of the party; or
(c) the judgment is contrary to public policy or does not accord with fundamental standards of
justice.
Inspection and enforcement
Section 71—Annual levies of authorised persons
The Minister may, by legislative instrument, make Regulations to establish a graded levying
system for—
(a) minimum compensation for nuclear damage arising from an authorised activity or practice;
and
(b) management and permanent disposal of radioactive waste.
Section 72—Appointment of inspectors and analysts
(1) The Authority shall appoint inspectors and analysts to verify and analyse practices and nuclear
installations authorised or proposed to be authorised.
(2) The Authority shall issue to an inspector or analyst, an identification card establishing the
credence and work specialty of that inspector or analyst.
Section 73—Powers of the inspector and the analyst
An inspector or an analyst may—
(a) at any time during normal working hours of a nuclear installation or as may be determined by
the Authority, enter any premises, vehicle, ship or aircraft without hindrance and with any
equipment required by the inspector for the performance of the inspector’s duty;
(b) inspect any plans, drawing, record, register or documents pertaining to—
(i) the design, siting, construction, testing, development operation, activity or abandonment of an
installation;
(ii) the health and safety, security or environmental aspect of any activity covered by this Act; and
(iii) any matter relevant to the enforcement of this Act;
(c) carry out tests and take samples, measurements and photographs of the facility;
(d) ask the occupant of any premises, driver of a vehicle, master of a ship, commander of an
aircraft or a person who has duties on or in connection with any premises, vehicle, ship or aircraft,
to provide the inspector with information relating to the premises, vehicle, ship or aircraft as
required by the inspector;
(e) obtain information from an operator about the status of safety and security of radiation sources,
nuclear materials and any other radioactive material on the nuclear installation of the operator;
(f) verify compliance of each operator with this Act and the Regulations;
(g) investigate any incident or accident involving radiation sources, nuclear materials and any
other radioactive materials;
(h) question any person who has duties which may be pertinent to the Authority’s enquiries
regarding the possession and use of radioactive and nuclear materials; and
(i) provide the Authority with any requested assistance in the performance of its functions.
Section 74—Report on inspection
(1) An inspector or an analyst shall record in both electronic and hard copies, any observation
made during an inspection conducted and make a copy of the record available to the authorised
person.
(2) An inspector or analyst shall submit to the Authority a report on an inspection or investigation
conducted for appropriate action.
Section 75—Cessation of activities
(1) The Authority may make an order for a temporary cessation of activities, in the case of an
imminent or actual hazard to the public or the environment.
(2) The Authority shall order an immediate cessation of the activities of an operator when a
situation for which the operator is responsible poses an imminent safety or security hazard to
humans and the environment, and shall ensure that the operator resolves the safety and security
concerns.
(3) Where there is—
(a) a significant release of nuclear or radioactive material into the environment, or
(b) a persistent or serious breach of this Act, the Regulations or the conditions of the authorisation,
the Authority shall order the operator to rectify any unsafe condition that might have resulted from
the nuclear or radioactive material released into the environment or the breach, and shall order an
immediate cessation of operations if the unsafe condition persists.
(4) The Authority may also modify, suspend or revoke the authorisation.
(5) The Authority shall indemnify an inspector against a liability incurred in the course of
discharging a duty as inspector.
Offences, penalties and appeals
Section 76—Notice to remedy a contravention
The Authority shall issue a warning notice to an authorised person who contravenes a minor safety
or security requirement or procedure, and shall prescribe in the notice the remedial action to be
taken by that person within a time specified in the notice.
Section 77—False statement and obstruction of inspectors
(1) A person who knowingly makes a false or misleading statement to the Authority, or obstructs
an officer, an analyst or an inspector of the Authority in the exercise of the functions of the officer,
analyst or inspector commits an offence and is liable on summary conviction to a fine of not less
than two thousand penalty units and not more than five thousand penalty units or to a term of
imprisonment of not less than four years and not more than ten years or to both the fine and the
term of imprisonment.
(2) A person who carries on an activity or practice without authorisation or who is found in
possession of nuclear material or a radiation source without authorisation commits an offence and
is liable on summary conviction to a fine of not less than five thousand penalty units and not more
than ten thousand penalty units or to a term of imprisonment of not less than ten years and not
more than twenty years or to both the fine and the term of imprisonment.
(3) In addition to the provisions in subsections (1) and (2), the Authority shall confiscate and
properly dispose of a nuclear material or radiation source that a person possesses within the country
without authorisation, at the cost of the person found in possession of that material.
Section 78—Handling of radioactive and nuclear materials and devices
(1) A person who without authorisation, receives, transfers, alters or disposes of a radioactive
material or device or a nuclear material or device—
(a) with the intent to cause—
(i) death or bodily injury to a person, or
(ii) substantial damage to property or the environment, or
(b) which causes or is likely to cause—
(i) death or bodily injury to a person, or
(ii) substantial damage to property or the environment,
commits an offence and is liable on summary conviction to a fine of not less than ten thousand
penalty units and not more than twenty-five thousand penalty units or to a term of imprisonment
of not less than twenty years and not more than fifty years or to both the fine and the imprisonment.
(2) A person commits an offence if the person—
(a) steals a radioactive or nuclear material, or
(b) smuggles or fraudulently obtains a radioactive material or nuclear material;
and is liable on summary conviction to a fine of not less than five thousand penalty units and not
more than seven thousand five hundred penalty units or to a term of imprisonment of not less than
ten years and not more than fifteen years or to both the fine and the imprisonment.
(3) A person who demands a radioactive material or device or nuclear material or device from
another person,
(a) by use of threat,
(b) by use of force, or
(c) by any other form of intimidation under circumstances which indicate the imminence of the
threat
commits an offence and is liable on summary conviction to a fine of not less than five thousand
penalty units and not more than seven thousand five hundred penalty units or to a term of
imprisonment of not less than ten years and not more than fifteen years or to both the fine and the
imprisonment.
Section 79—Unlawful use of radioactive or nuclear material
A person who uses or makes a threat to use,
(a) radioactive material or device unlawfully, or
(b) nuclear material or device unlawfully
to compel another person, a State or an international organisation to do or refrain from doing any
act commits an offence and is liable on summary conviction to a fine of not less than ten thousand
penalty units and not more than twenty-five thousand penalty units or to a term of imprisonment
of not less than ten years and not more than fifty years or to both the fine and the imprisonment.
Section 80—Offences relating to nuclear facilities
(1) A person commits an offence if that person—
(a) damages a nuclear facility by interfering with the operation of that facility with the knowledge
that the damage is likely to cause death or bodily injury, or substantial damage to property or the
environment; or
(b) does an act directed at a nuclear facility and in a manner that—
(i) results in the release of radioactive material; or
(ii) risks the release of radioactive material with the intent that the act will cause death or bodily
injury, or substantial damage to property or the environment.
(2) A person who contravenes subsection (1) is liable on summary conviction to a fine of not less
than five thousand penalty units and not more than seven thousand five hundred penalty units or
to a term of imprisonment of not less than ten years and not more than fifteen years or to both the
fine and the term of imprisonment.
(3) A person who demands access to a nuclear facility,
(a) by use of threat;
(b) by use of force; or
(c) by any other form of intimidation under circumstances which indicate the credibility of the
threat
commits an offence and is liable on summary conviction to a fine of not less than ten thousand
penalty units and not more than fifteen thousand penalty units or to a term of imprisonment of not
less than twenty years and not more than thirty years or to both the fine and the imprisonment.
(4) A person who engages in an act to sabotage a facility which uses—
(a) radioactive material or device; or
(b) nuclear material or device,
commits an offence and is liable on summary conviction to a fine of not less than ten thousand
penalty units and not more than twenty thousand penalty units or to a term of imprisonment of not
less than twenty years and not more than fifty years or to both the fine, and the imprisonment.
Section 81—Decision of inspector or analyst subject to appeal
(1) A person aggrieved by a decision or measure taken by an inspector in a report submitted to the
Authority under section 77(2) may appeal to the Board.
(2) A pending appeal against a decision or a measure taken by an inspector or analyst shall, until
the appeal is disposed of, not operate as a stay of that decision or measure.
Section 82—Complaints procedure
(1) A person aggrieved by a decision or action of the Board may submit a complaint in writing to
the Minister.
(2) The complaint shall be submitted to the Minister within thirty days from the date the
complainant becomes aware of the decision or action to which the complaint relates.
(3) The complainant shall—
(a) specify in the complaint, the issues objected to; and
(b) have attached to the complaint, a copy of the decision objected to and any relevant document
for consideration and determination of the complaint.
Section 83—Appointment of Complaints Panel
(1) The Minister shall, within fourteen days of receipt of a complaint, appoint a panel consisting
of—
(a) one representative from each of the following:
(i) the Ministry responsible for the affairs of the Authority, not below the rank of a Director; and
(ii) the Attorney-General’s Department, not below the rank of a Principal State Attorney; and
(b) two persons with specialization in the complainant’s field of operation or industry.
(2) Each panel member shall submit a written statement of disclosure of interest or otherwise in
activities related to the nuclear materials or substances.
Section 84—Hearing by the Complaints Panel
(1) The Minister shall refer the complaint to the Complaints Panel, which shall give a fair hearing
to the parties concerned.
(2) The panel shall make recommendations after hearing the parties and submit the
recommendation to the Minister stating the reasons for the recommendation.
(3) The panel shall submit the recommendation referred to in subsection (2) to the Minister within
sixty days from the date the complaint is referred to the panel.
(4) The Minister may accept or reject the recommendation of the panel and proceed to take a
decision which is in the interest of the nation, and shall give reasons for either accepting the
recommendation or taking that decision.
(5) The panel shall cause copies of the record of proceedings and recommendations to be sent to
the Minister.
(6) The Minister shall record and document the recommendation of the panel.
Section 85—Judicial appeal
(1) A person aggrieved by a decision of the Minister may appeal to the High Court.
(2) The proceedings at the court shall be in camera.
Financial provisions
Section 86—Funds of the Authority
(1) The funds of the Authority include—
(a) moneys approved by Parliament;
(b) loans, loan guarantees and grants;
(c) fees and charges due to the Authority from services rendered by or through the Authority;
(d) donations and gifts; and
(e) any other moneys that the Minister responsible for Finance may approve.
(2) Despite subsection (1)(a) and to guarantee the financial sustainability of the programme of the
Authority, the Minister shall present a financial sustainability plan to Parliament within one year
from the date of commencement of this Act.
(3) The Authority shall charge the expenses of the Authority, including the remuneration of
employees, allowances of the members of the Board and other administrative expenses against the
funds provided for the Authority under this section.
(4) Where the Authority has an amount outstanding to its credit after it has provided for—
(a) payment of salaries, allowances and other administrative and management expenditure;
(b) programme implementation, services and investment related expenditure;
(c) depreciation of assets;
(d) repayment of loans, interest; and
(e) contingency,
in a financial year, the Authority shall invest in instruments for the financial sustainability of the
current and future operations of the Authority.
Section 87—Retention and utilisation of internally generated funds
(1) The Authority shall retain moneys realised in the performance of its functions.
(2) Internally generated funds shall—
(a) only be utilised when the activities on which the expenditure will be incurred have been
programmed and approved by Parliament in the expenditure budget of the Authority; and
(b) not be used for the payment of salaries, staff benefits and other allowances except where the
allowances are directly related to the provision of services that will lead to increased revenue.
(3) The Authority shall only incur expenditure for a particular month if the records of collection
for the previous month, bank lodgements and expenditure returns for the previous month have
been submitted to the Ministry of Finance.
Section 88—Annual budget of the Authority
The Authority shall, at a time determined by the Minister responsible for Finance, cause to be
prepared and submitted to the Minister, an annual budget in respect of the ensuing financial year.
Section 89—Accounts and audit
(1) The Board shall keep books of accounts and proper records in relation to them in a form
approved by the Auditor-General.
(2) The Board shall submit the accounts of the Authority to the Auditor-General for audit within
three months after the end of the financial year.
(3) The Auditor-General shall not later than three months after the end of the financial year, audit
the accounts and forward a copy of the audit report to the Minister.
Section 90—Annual report and other reports
(1) The Board shall within one month after receipt of the audit report, submit to the Minister an
annual report covering the activities and the operations of the Authority for the year to which the
report relates.
(2) The annual report shall include the report of the Auditor-General.
(3) The Minister shall, within one month after the receipt of the annual report, submit the report to
Parliament with a statement the Minister considers necessary.
(4) The Board shall also submit to the Minister any other report which the Minister may require in
writing.
Regulations and guidelines
Section 91—Regulations
(1) Subject to the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793), the Minister,
on the advice of the Board, may by legislative instrument, make Regulations for the efficient and
effective implementation of this Act.
(2) Without limiting subsection (1), the Regulations shall provide for—
(a) the safety and security of—
(i) nuclear material and facilities; and
(ii) radiation-emitting devices;
(b) the types of authorisation and their duration, renewal, suspension, modification and
revocation;
(c) the programme and procedure of inspection;
(d) how an inspection is to be conducted and the status and powers of an inspector;
(e) requirements based on radiation protection principles of dose justification, dose limitation and
dose optimization;
(f) the regulation of radiation protection, occupational exposure, public exposure, medical,
chronic and emergency exposure;
(g) the criteria for the categorisation of radioactive sources;
(h) a list of levies and authorisation fees for categories of activities and practices;
(i) penalties for non-compliance with authorisation conditions in addition to prohibition and
confiscation;
(j) penalties for—
(i) damage to sealed radioactive sources; and
(ii) loss of control of sealed radioactive sources;
(k) for the transportation of radioactive material consistent with the technical requirement of
regulations for the safe transport of radioactive materials of the International Atomic Energy
Agency, including
(i) a list of controlled items;
(ii) requirements for notification prior to shipment of exports, where notification is made a
condition of the authorisation;
(iii) the establishment procedures for the participation of stakeholders at appropriate stages during
the assessment, permission and review process, including persons residing in the vicinity of a
proposed nuclear facility;
(iv) the criteria for the evaluation of an application and the grant of a permit;
(v) the periodic revision or updating of the list of controlled items to reflect developments in
technology or changes in relevant circumstances;
(vi) a Schedule of fees or charges for the issue of permits;
(vii) provisions for trans-shipment of material or commodities otherwise not requiring permission
for export; and
(viii) requirements for records to be kept regarding authorised activities;
(l) in respect of persons applying a medical procedure which utilises nuclear material, radioactive
material or any radiation,
(i) the qualification of persons who will apply the procedure;
(ii) refresher training requirements for persons who will apply the procedure;
(iii) measures for the protection of persons who operate the radiation emitting device and
equipment containing radionuclides, applied in the procedure; and
(iv) measures for protecting patients, including justification for the use of the procedure and the
dose constraints to a patient;
(m) the design and performance criteria for radiation emitting devices and equipment containing
radionuclides;
(n) the processes for mining uranium and thorium;
(o) requirements for authorising nuclear power plants;
(p) requirements for authorising nuclear facilities;
(q) the management of nuclear and radioactive waste;
(r) the authorising requirements for petroleum and natural gas exploration and extraction;
(s) the segregation, characterisation, conditioning, storage and treatment of radioactive waste;
(t) the basic content of a decommissioning plan and for the financial aspects of a decommissioning
exercise;
(u) the transportation and storage of nuclear and radioactive materials and waste;
(v) transport of radioactive material and sources in accordance with International Atomic Energy
Agency requirements;
(w) nuclear power generation;
(x) education, training, qualification and certification requirements for personnel to manage and
operate facilities;
(y) administrative sanctions to be imposed on persons who possess nuclear material and radiation
sources;
(z) the establishment of obligations and standards approved by the International Atomic Energy
Agency on siting, design, construction, operation, assessment and verification;
(aa) standard information on airborne and liquid radioactive discharges into the environment f rom
nuclear reactors and reprocessing plants in normal operation;
(bb) the basic content of an emergency preparedness plan, whether on site and off site, and trans-
boundary emergencies;
(cc) safety and security of radiation sources and irradiation facilities;
(dd) the control of illicit trafficking of nuclear material;
(ee) the implementation of additional Protocols to the Non-Proliferation Treaty and Safeguards
Agreement;
(ff) the requirements and standards for providing monitoring services, calibration of radiation
monitoring instruments and consultancy to authorised practices; and
(gg) the implementation of other international conventions which relate to nuclear technology to
which Ghana is signatory and has ratified.
Section 92—Guidelines, standards and procedures
(1) The Authority may also develop guidelines and procedures, and adopt standards on the
following:
(a) notification, authorisation and exemptions of practices and activities;
(b) radiation protection and safety requirements for workers, the public and the general
environment;
(c) security measures for deterring, detecting and delaying unauthorised access to, the theft of,
loss or unauthorised use or removal of radioactive sources or nuclear material;
(d) inspection and reporting procedures; and
(e) any other subject matter of relevance for the safety and security of the employees of the
Authority.
(2) The Authority shall cause the guidelines, standards and procedures to be published in the
Gazette.
Miscellaneous provisions
Section 93—Interpretation
In this Act, unless the context otherwise requires,
"activity" includes—
(a) the design, manufacture, construction, import, export, distribution, sale, loan, commissioning,
use, operation, maintenance, repair, transfer, decommissioning or possession of radiation sources
for industrial, education, research, agriculture and medical purposes;
(b) the transport of radioactive material and nuclear material;
(c) the mining and processing of radioactive ores;
(d) the closing down of associated facilities;
(e) the cleanup of sites affected by residues from past activities;
(f) the development, production and use of nuclear energy;
(g) radioactive waste management activities, including the discharge of effluents;
(h) an activity involving a nuclear material as defined in the Safeguards Agreement; and
(i) an activity involving a nuclear material in a nuclear installation;
"Additional Protocol" means the Protocol Additional to the Agreement between the Government
of the Republic of Ghana and the International Atomic Energy Agency for the application of
safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, which
entered into force on the 12th of June 1998;
"applicant" means a person who has applied for authorisation under this Act;
"authorisation" includes the granting by a regulatory body or other governmental body of written
permission for an operator to perform specified activities licensing, certification or registration;
"authorised person" means a person who has been granted authorisation;
"Authority" means the Nuclear Regulatory Authority established under section 3;
"baseline survey" means an assessment of a site that is to be commissioned or decommissioned
before the commissioning or decommissioning process is commenced;
"Board" means the governing body of the Authority constituted under section 7(1);
"civilian applications" means the non-military use of a nuclear material;
"civilian nuclear reactor" means a non-military nuclear reactor;
"clearance" means the removal of radioactive materials or radioactive objects within authorised
practices from any further control by the regulatory body;
"Commission" means the Atomic Energy Commission established under section 1 of the Atomic
Energy Commission Act, 2000 (Act 588);
"consignee" means a person or government which receives a consignment;
"consignor" means individual, organisation or government which prepares a consignment for
transport, and is named as consignor in the transport document;
"consignment" means any package or load of radioactive material and nuclear material presented
by a consignor for transportation;
"controlled items" means an item determined by the Authority under section 28(1) as being subject
to control, as a national policy and in the interest of the security of the country;
"controlled practice" means a practice that is determined by the Authority under section 28 (1) as
being subject to control, as a national policy and in the interest of the security of the country;
"Convention on Supplementary Compensation for Nuclear Damage" means the Convention on
Supplementary Compensation for Nuclear Damage adopted on 12th of September, 1997 by a
Diplomatic Conference held 8-12 September 1997, and was opened for signature at Vienna on 29
September 1997 at the 41st General Conference of the International Atomic Energy Agency;
"criticality" means the state of a nuclear chain reacting medium when the chain reaction is just
self-sustaining;
"Director-General" means the Director-General appointed under section 15;
"discharge" means planned and controlled releases into the environment, as a legitimate practice,
within limits authorised by the regulatory body, or liquid or gaseous radioactive materials that
originate from regulated nuclear facilities during normal operation;
"end state" means the state in the final stage of radioactive waste management in which the waste
is passively safe and does not depend on institutional control;
"exclusion" means the exemption of a particular category of exposure from the scope of this Act
on the grounds that it is not considered amenable to control;
"exclusive economic zone" means the area beyond and adjacent to the territorial sea which does
not extend beyond two hundred nautical miles from the baselines from which the breadth of the
territorial sea is measured;
"exemption" means a determination by the Authority that a source or practice or some aspects of
the source or practice need not be subjected to regulatory control on the basis that the exposure,
including potential exposure, due to the source or practice is too small to warrant the application
of those aspects;
"export" means the physical transfer of nuclear material and related equipment, information and
technology determined by the Authority as originating from the country, into an importing State;
"facility" includes nuclear facilities, irradiation installations, mining and raw material processing
facilities such as uranium mines, radioactive waste management facilities and other places where
radioactive material is produced, processed, used, handled, stored or disposed of or where radiation
generators are installed on a scale that consideration of protection of safety is required;
"import" means the physical transfer, into the country, originating from an exporting State, of
nuclear material and related equipment, information and technology, as defined by the Authority;
"intervention" means any act intended to reduce or avert exposure or the likelihood of exposure to
sources which are not part of a controlled practice or which are out of control as a consequence of
an accident;
"ionising radiation" means, for the purposes of radiation protection, radiation capable of producing
ion pairs in biological materials;
"location outside facilities" means an installation or location, where nuclear material is customarily
used in amounts of one effective kilogram or less;
"man-made factors" includes settlements and related activities likely to impact on the safety of a
nuclear installation;
"measures of reinstatement" means any reasonable measures which have been approved by the
Authority and which aim to reinstate or restore damaged or destroyed components of the
environment, or to introduce, where reasonable, the equivalent of these components into the
environment;
"mine or mill processing radioactive ores" means installation for mining, milling or processing
ores that contain uranium series or thorium series radionuclides;
"Minister" means the Minister responsible for the Authority;
"non-ionising radiation" means any type of electromagnetic radiation that does not carry energy
per quantum to ionise atoms or molecules;
"notification" means a document submitted to the Authority by a person to express the intention
of that person to carry out an activity or a practice;
"nuclear damage" means—
(a) loss of life or personal injury;
(b) loss of property or damage to property;
(c) economic loss arising from loss, injury or damage referred to under paragraph (a) or (b), and
incurred by a person entitled to claim in respect of that loss, injury or damage;
(d) the costs of measures taken or to be taken to reinstate an impaired environment, except where
the impairment is insignificant;
(e) loss of income derived from an economic interest in any use or enjoyment of the environment,
incurred as a result of a significant impairment of that environment;
(f) the cost of preventive measures, and further loss or damage caused by those measures;
(g) any other economic loss, other than that caused by the impairment of the environment, if
permitted by the general law on civil liability of a court of competent jurisdiction; and
(h) in the case of paragraphs (a) to (e) and (g) above, to the extent that the loss or damage arises
out of or results from ionizing radiation emitted by any source of radiation inside a nuclear
installation, or emitted from nuclear fuel or radioactive products or waste in, or of nuclear material
coming from, originating in, or sent to, a nuclear installation, whether so arising from the
radioactive properties of that matter, or from a combination of radioactive properties with toxic,
explosive or other hazardous properties of that matter;
"nuclear energy" means energy released in nuclear fission or fusion;
"nuclear fuel" means any material which is capable of producing energy by self-sustaining chain
process of nuclear fission or nuclear fusion;
"nuclear incident" means any occurrence or series of occurrences having the same origin which—
(a) causes nuclear damage, but with respect to preventive measures only; or
(b) creates a grave and imminent threat of causing that damage;
"nuclear installation" means—
(a) nuclear power plant, enrichment plant or reprocessing facility;
(b) any nuclear reactor other than one with which a means of sea or air transport is equipped for
use as a source of power, whether for its propulsion or for any other purpose;
(c) any factory using nuclear fuel for the production of nuclear material, or any factory that
processes nuclear material, including any factory for the re-processing of irradiated nuclear fuel;
and
(d) any facility where nuclear material is stored, other than storage incidental to the carriage of
the material;
"nuclear material" means—
(a) nuclear fuel, other than natural uranium capable of producing energy by a self-sustaining chain
process of nuclear fission outside a nuclear reactor, either alone or in combination with some other
material; and
(b) radioactive products or waste;
"nuclear reactor" means a structure containing nuclear fuel arranged in a manner to create a
controlled self-sustaining chain process of nuclear fission;
"operator" means the person legally recognised as responsible for the operation of a nuclear
installation or the person designated by the legally recognised operator;
"ore" means a geological material that may contain—
(a) nuclear material or radioactive material; or
(b) nuclear substance or radioactive substance;
"orphan source" means a radioactive source which is not under regulatory control because it has
never been under regulatory control, or because it has been abandoned, lost, misplaced, stolen, or
transferred without proper authorisation;
"panel" means the Complaints Panel appointed by the Minister under section 83;
"Paris Convention on Third Party Liability in the Field of Nuclear Energy" means the Convention
on Third Party Liability in the Field of Nuclear Energy adopted in Paris and which entered into
force on 1st of April, 1968;
"peaceful use" means any use of a nuclear material, radioactive material, nuclear technology or
radioactive technology, other than for a military purpose;
"practice" means any human activity that introduces additional sources of exposure or exposure
pathways or extends exposure to additional people or modifies the network of exposure pathways
from existing sources, so as to increase the exposure or the likelihood of exposure of people or the
number of people exposed;
"preventive measure” means any reasonable measure approved by the Authority to be taken by a
person, before or after an incident, to prevent or minimize a nuclear damage;
"radiation" means anything that is capable of emitting ionizing or non-ionising radiation or
releasing radioactive substances or materials;
"radioactive material" means—
(a) anything containing radio nuclides that may cause radiation exposure; or
(b) a naturally occurring radioactive material;
"radioactive products" means any material made radioactive by exposure to radiation incidental to
the production or utilisation of nuclear fuel, but does not include radioisotopes which have reached
the final stage of fabrication and can be used for any scientific, medical, agricultural, commercial
or industrial purpose;
"radioactive source" means radioactive material that is permanently sealed in a capsule or closely
bonded, in a solid form and which is not exempt from regulatory control and includes any
radioactive material released through the breakage or leaking of the source, but does not include
nuclear material or material encapsulated for disposal;
"radioactive waste" means material, in whatever physical form, remaining from practices or
interventions and for which further use is not foreseen—
(a) that contains or is contaminated with radioactive substances and has an activity or activity
concentration higher than the level set for clearance from regulatory requirements, and
(b) exposure to which is not excluded from this Act or Regulations;
"reasonable measure" means a measure permitted under the laws of Ghana as being appropriate
and proportionate to the damage, having regard among other things to—
(a) the nature and extent of the damage incurred or, in the case of preventive measures, the nature
and extent of the risk of that damage;
(b) the extent of effectiveness of the measure at the time it was taken; and
(c) relevant scientific and technical expertise;
"relevant field" includes a qualification and practical experience in nuclear law or the application
of nuclear energy, radiation, nuclear safety and security, safeguards and radiation protection;
"Safeguards Agreement" means an Agreement between the Government of the Republic of Ghana
and the International Atomic Energy Agency for the application of safeguards in connection with
the Treaty on the Non-proliferation of Nuclear Weapons, which entered into force on 17th
February, 1975 for the purpose of implementation of safeguards;
"sealed source" means radioactive material that is—
(a) permanently sealed in a capsule; or
(b) closely bounded and in a solid form;
"security" means measures to prevent sabotage, unauthorised access or damage to, loss, theft or
unauthorised transfer of radioactive sources or nuclear material, or malicious acts with respect to
radioactive sources or nuclear material;
"source" includes any of the following that may cause radiation exposure:
(a) the emission of ionising radiation;
(b) the release of radioactive substances or materials;
(c) materials that emit radon in the environment;
(d) a sterilization gamma irradiation unit; or
(e) an x-ray unit;
"source material" means a material which is a source;
"Special Drawing Rights" means the unit of account determined and used by the International
Monetary Fund for its operations and transactions;
"spent fuel" means nuclear fuel that—
(a) is removed from a reactor after irradiation because it cannot be used in its present form due to
depletion of fissile material, poison build up or radiation damage; or
(b) has been irradiated and permanently removed from a reactor core;
"unamenable" includes sources of radiation exposure that cannot be controlled from the point of
view of protection and safety and cosmic rays at ground level and potassium 40 in the environment;
and
"Vienna Conventions on Civil Liability for Nuclear Damage" means the Vienna Convention on
Civil Liability for Nuclear Damage adopted by a Diplomatic Conference, 8-12 September 1997,
and was opened for signature at Vienna on 29th September, 1997 at the forty-first General
Conference of the International Atomic Energy Agency.
Section 94—Revocation and savings
(1) The Radiation Protection Instrument, 1993 (L.I. 1559) is revoked.
(2) Despite the revocation under subsection (1), an authorisation granted to a person under the
Radiation Protection Instrument, 1993 (L.I. 1559) to engage in an activity or a practice to which
this Act applies shall, subject to modifications to bring it into conformity with this Act, be deemed
to be an authorisation granted under this Act and shall continue to be in force until its revocation
or expiration.
Section 95—Transitional provisions
(1) The Commission shall transfer to the Authority, staff and equipment necessary for the effective
performance of the objects and functions of the Authority under this Act.
(2) A person employed by the Commission to a position transferred to the Authority is, on the
commencement of this Act, deemed transferred to the Authority on terms and conditions which
are not less favourable in aggregate to the terms and conditions previously enjoyed by that person
under the employ of the Commission.
Section 96—Consequential amendments
The enactments specified under Column 1 of the Schedule are amended to the extent
corresponding under Column 2 of the Schedule.
SCHEDULE
(Section 96)
CONSEQUENTIAL AMENDMENTS

Column 1
(Enactment) Column 2
(How affected)
1. Atomic Energy Commission Act, 2000, (Act 588)

2. Environmental Protection Agency Act, 1994 (Act 490)

3. Factories, Shops and Offices Act, 1970 (Act 328)

4. Minerals and Mining Act, 2006 (Act 703)

Section 12 is amended by inserting after subsection (2)—

"(3) Despite subsection (1), the Nuclear Regulatory Authority established under section 3 of the
Nuclear Regulatory Authority Act, 2015 (Act 895) shall issue the appropriate notice, where the
activity or practice to be undertaken involves a nuclear or radioactive material.
"Section 83(2) is amended by—
(a) deleting "and" after paragraph (g);
(b) inserting "and" after paragraph (h); and
(c) inserting after paragraph (h), paragraph (i)—
"(i) the premises of a facility as defined under the Nuclear Regulatory Authority Act, 2015 (Act
.......)."
(a) Section 62 is amended by the substitution for subsections (2) and (3) of—
"(2) Where a radio-active mineral is discovered in the course of exercising a right under this Act
or under another enactment, the holder of the mineral right or another person shall immediately
notify the Nuclear Regulatory Authority, the Commission and the Geological Survey Department
of the discovery.
(3) Where a radioactive mineral is discovered on land other than land subject to a mineral right,
the owner of the land shall immediately notify the Nuclear Regulatory Authority, the Commission
and the Geological Survey Department of the Discovery.";
(b) By the substitution for section 63, of—
"63. A holder of a licence or lease under section 62 shall within the first week of each month
furnish the Nuclear Regulatory Authority, the Commission and the Geological Survey Department
with a true report in writing of the prospecting and mining operations conducted by the holder in
the immediately preceding month with respect to radioactive minerals.".
(c) By the substitution for section 64, of—
"64.(1) A person shall not export a radioactive mineral except under or in accordance with the
terms and conditions of a permit granted for that purpose by the Nuclear Regulatory Authority
acting after consultation with the Minister.
(2) A permit issued under subsection (1) shall be in the form and is subject to the payment of the
fee the Minister responsible for the Nuclear Regulatory Authority acting in consultation with the
Minister, may on the advice of the Commission determine."

Date of Gazette Notification: 14th August, 2015.