Protection from Radiation Act

Some other laws regulate particular industries, especially those which may provide some hazard to the environment or human health. The Protection from Radiation Act establishes the National Radiation Commission (NRC) to advise government and to establish a licensing system for matters related to import installation operation and disposal of radioactive materials facilities. Under the Act, "radioactive material" is defined as "any matter or substance containing one or more radio nuclides the activity or concentration of which is sufficiently intense to entail a significant risk of disability or disease to any body or organ in exposure whether external or internal and whether continuous or total." Also, the Act establishes an insurance fund for clean up of spills, and establishes the Radiation Protection Committee to advise NRC on safety/use/disposal technical questions, legal measures to be taken, determination of extent of and risk from exposure, inspection of premises and dissemination of information to public.

Generally, the Act prohibits any activity involving radioactive material unless the person carrying out that activity is licensed to do so by NRC. Section 23 stipulates that NCR's general duty is to ensure health and personal safety of workers, students and members of the public. In addition, NRC is given power of entry to ensure compliance. Section 40 gives the Minister the authority to make regulations regarding:

1. limits on use of radioactive material, apparatus, equipment,
2. exposure to radiation,
3. highest permissible doses for and concentration of radioactive materials,
4. controlled areas,
5. system for informing workers of dangers/safety precautions,
6. code of professional conduct for qualified experts, and,
7. revocation of licenses.

Section 26 relates to disposal of radioactive waste. "Waste" is defined as including any substance which constitutes scrap material or any effluent or other unwanted surplus arising from the application of any process and also includes any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt." "Disposal" in relation to waste includes its removal, deposit, or destruction, its discharge, whether into water or into air or into a sewer or drain or otherwise or its burial whether underground or otherwise and "dispose of" shall be construed accordingly. Any facility producing radioactive waste and to be accumulated on the premises with a view towards disposal requires a permit ("authorisation") for disposal of waste from the NRC. An authorisation may contain certain conditions.

The NRC shall only grant an authorisation with permission of the Minister, who shall consult local authorities, water utilisation authorities, statutory water undertakers, river basin authorities and other public or proper authorities. Section 27 notes that NRC can also operate its own disposal sites where waste unlikely to be disposed and/or charge waste producers for cost of disposal.

Section 29 gives the Minister power to make rules regarding: Accidents, reporting, penalties, legal proceedings, and publicising. Penalties do exist for use, installation, imports, operation by non-experts without a licenses.

Section 33 establishes the Radiation Protection Service which is supposed to determine the extent of exposure of public and degree of risk ascribable to such exposure and to inspect premises where licenses have been issued to install, use, store, or dispose of radioactive waste.

The general liability of licensees is established in section 16: "irresponsibility exists to ensure that emission of radiation does not cause hurt to any person or damage to any property." Patients undergoing treatment and those hurt in armed conflict are exempt. Section 41 establishes a general penalty for violation of the Act at 7,000 Tsh. and/or 4 years.