PART 13 | RADIOACTIVE WASTE MANAGEMENT |
| Application for approval to accumulate or transport radioactive waste |
53.—(1) Every application for approval to accumulate or transport radioactive waste under section 13 or 15 of the Act must be made to the Director‑General in such form as the Director‑General may require.| (2) Any condition, limitation or exception specified by the Director‑General, for an approval granted under section 13 or 15 of the Act, must not be altered except with the approval of the Director‑General on an application made in such form as the Director‑General may require. |
| (3) The fees specified in the Fifth Schedule are payable for every application under paragraph (1) or (2). |
(4) Any fee specified in the Fifth Schedule that is payable in respect of a matter —| (a) | cannot be refunded; and | | (b) | cannot be used to offset any fee (specified in that Schedule) that is payable in respect of another matter. |
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| (5) The fee for an application under paragraph (1) or (2) must be paid when the application is submitted to the Director‑General. |
(6) Every person applying for approval must submit to the Director‑General the relevant information and documents that are necessary to support the application as required to do so, including —| (a) | information on waste generation, pre‑disposal, pre‑treatment, characterisation, treatment, conditioning, storage, control of discharges, clearance, packaging strategies, transport, design and manufacture of containers, handling of waste packages, site evaluation, design, construction, operation, closure and post‑closure stage of a waste management facility; | | (b) | supporting safety assessment; | | (c) | supporting environmental assessment; | | (d) | security assessment; and | | (e) | an emergency plan. |
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| (7) The safety assessment must be prepared by the applicant in the development of a radioactive waste management facility as a basis for the process of regulatory decision‑making and approval and must be progressively developed and refined as the project proceeds. |
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| Amendment of condition, limitation or exception of approval |
| 54. The Director‑General may, if he or she thinks fit, amend any condition, limitation or exception of an approval granted under section 13 or 15 of the Act. |
| Responsibilities associated with management of radioactive waste |
55.—(1) Every approved person is responsible for the safe management of radioactive waste under the person’s responsibility.(2) Every approved person must take all necessary measures to ensure an adequate level of protection and safety by various means, including —| (a) | when requested by the Director‑General, demonstration of safety by means of a safety assessment and by means of periodic safety reviews for an existing facility or activity; | | (b) | preparation and implementation of appropriate operating procedures, including monitoring; | | (c) | application of good engineering practice; | | (d) | establishment and implementation of a suitable management system commensurate with the hazard of the waste management activities; | | (e) | ensuring that staff are trained, qualified and competent; | | (f) | establishment and maintenance of a mechanism to provide and ensure adequate financial resources to discharge its responsibilities; | | (g) | derivation of operational limits, conditions and controls to assist with ensuring that the radioactive waste management facility is operated in accordance with the safety assessment; | | (h) | ensuring that there are no avoidable delays in processing waste and transferring to the next step as soon as practicable; | | (i) | using relevant international experience to ensure operations are as safe as practicable; | | (j) | ensuring radioactive waste is managed by appropriate classification, segregation, treatment, conditioning, storage and disposal, and maintaining records of such activities; and | | (k) | ensuring disposal of radioactive waste is not unnecessarily delayed. |
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| (3) Every approved person must promote and maintain a strong safety culture. |
| (4) Every approved person must appoint, when required by and subject to the approval of the Director‑General, a technically competent person with the appropriate independence and authority to be a Radioactive Waste Management Officer in order to assist the approved person in the safe and efficient on‑site management of radioactive waste. |
| (5) Every approved person approved to accumulate or dispose of radioactive waste must develop a suitable and comprehensive recording system for radioactive waste management activities under the person’s responsibility, which must include discharges and must allow for traceability of radioactive waste from the point of its collection through to its long term storage and its disposal. |
(6) Every approved person approved to accumulate or dispose of radioactive waste must ensure that all records related to radioactive waste inventory and radioactive waste management activities must be —| (a) | kept up to date; and | | (b) | retained in such a way as to ensure that relevant information is accessible in the future. |
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| (7) When any radioactive waste is being transferred, associated records must be provided to the approved person of the subsequent step. |
| (8) Every approved person must submit records and provide written reports on the person’s radioactive waste management activities that are required to be submitted and provided under these Regulations to the Director‑General in the form and manner required by the Director‑General. |
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| Security of radioactive waste |
| 56. Part 16 applies to the security of storage and transport of radioactive waste as it applies to the security of radioactive materials. |
| Control of radioactive waste generation |
57.—(1) Every licensee and approved person generating radioactive waste must ensure that appropriate measures are taken to keep generation of radioactive waste to the minimum practicable.(2) Every licensee and approved person must accomplish minimisation of waste generation required under paragraph (1) by —| (a) | applying careful and appropriate planning to the design, construction, administration, operation and decommissioning planning of facilities so that the generation of radioactive waste is kept to the minimum practicable; | | (b) | applying to the extent possible the reuse and recycling of materials; | | (c) | the authorised discharge of effluent and clearance of materials from regulatory control, after some appropriate processing or a sufficiently long period of storage, to reduce the amount of radioactive waste that needs further processing or storage; | | (d) | minimising the activity and volume of waste by using the minimum quantity of radioactive material needed; | | (e) | wherever possible, when purchasing sealed sources, establishing contractual arrangements for the return of sources to the manufacturer or pre‑determined waste manager following use; and | | (f) | implementing a comprehensive management system for all activities potentially generating radioactive waste. |
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| Radioactive waste characterisation and classification |
58.—(1) Every approved person must characterise radioactive waste under the person’s responsibility in terms of its physical, mechanical, chemical, radiological and biological properties, and the relevant characteristics of the waste must be recorded to facilitate its further management.| (2) Every approved person must classify radioactive waste under the person’s responsibility in accordance with the radioactive waste classification scheme established by the Director‑General. |
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| Acceptance criteria for radioactive waste |
59.—(1) Every approved person must establish the person’s own waste acceptance criteria (called in this regulation the waste acceptance criteria), which must be submitted to the Director‑General for review, assessment and approval as part of the safety assessment.| (2) The waste acceptance criteria defined for each step of the waste management process must specify the characteristics of waste packages and unpackaged waste, under normal and abnormal conditions, to be processed, stored or disposed of in that step. |
| (3) Every approved person must ensure that an appropriate control system is established to provide confidence that the waste under the person’s responsibility meets the waste acceptance criteria that is applicable to that waste. |
| (4) Every approved person must ensure that radioactive waste to be transferred to other installations or waste management steps meets the waste acceptance criteria with respect to the subsequent step. |
| (5) The procedures for the reception of waste must contain provisions for safely managing radioactive waste that fails to meet the waste acceptance criteria, including but not limited to taking remedial actions or returning the waste. |
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| Processing of radioactive waste from collection up to treatment |
60.—(1) Every approved person must ensure that radioactive waste is collected, characterised and segregated, at the point of origin in accordance with —| (a) | established criteria; | | (b) | a defined waste management strategy; and | | (c) | the waste acceptance criteria defined for the next step in the waste management process. |
| (2) Every approved person must ensure that radioactive waste is, as soon as possible, rendered into a safe and passive form for storage or disposal. |
| (3) Every approved person must ensure that radioactive waste is processed in such a way that safety of the operations is appropriately ensured during normal operations, that measures are taken to prevent the occurrence of incidents or accidents, and that provisions are made to mitigate the consequences if accidents occur. |
| (4) Every approved person must ensure that the processing of radioactive waste is consistent with the type of waste, the possible need for its storage, the anticipated disposal option, and the limits, conditions and controls established in the safety assessment and in the assessment of environmental impacts. |
| (5) Every approved person must ensure that radioactive waste is processed in such a way that the resulting waste form can be safely stored and retrieved from the storage facility until its disposal. |
| (6) Every approved person must establish provisions for identifying, assessing and dealing with radioactive waste and radioactive waste packages that do not meet process specifications and requirements for safe handling, transport, storage and disposal. |
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| Conditioning of radioactive waste |
61.—(1) In selecting a conditioning process, every licensee must consider the following aspects:| (a) | whether safety would be improved from the use of a matrix material; | | (b) | compatibility of the radioactive waste with the selected materials and processes; | | (c) | the minimisation of the generation of secondary radioactive waste. |
| (2) Every approved person must ensure that the radioactive waste packages are designed and produced so that radionuclides are confined under both normal conditions and accident conditions that may occur during handling, storage, and disposal. |
| (3) Every approved person must ensure that each package of conditioned radioactive waste is provided with a durable label bearing the identification number and relevant information, and that a proper record of each package is kept under the management system. |
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| Storage of radioactive waste |
62.—(1) Prior to generating radioactive waste that may require subsequent management, every licensee and approved person must ensure the availability of an appropriate storage facility.| (2) Every approved person must ensure that arrangements are in place to verify that the radioactive waste, collected or received in the storage facility under its responsibility, meets the acceptance criteria approved by the Director‑General for that facility. |
| (3) If the radioactive waste or sources to be stored do not meet the waste acceptance criteria, every approved person must establish provisions which compensate for the non‑compliance or refuse the transfer. |
| (4) Every approved person must adopt provisions to ensure that radioactive waste and disused sealed sources will be stored in such containers, packages and facilities that meet the requirements approved by the Director‑General. |
| (5) Radioactive waste must be stored in a manner that ensures proper segregation, and protection of the employees, workers, the public and the environment, and enables its subsequent inspection, monitoring, retrieval and reservation in a condition suitable for movement, handling, transport or disposal. |
| (6) Every approved person must ensure that the integrity of every waste package in storage is maintained until it is retrieved for further treatment, conditioning or disposal. |
(7) Every approved person must ensure that every waste package container provides integrity throughout the storage period and permits —| (a) | retrieval at the end of the storage period; | | (b) | enclosure in an overpack, if necessary; | | (c) | transport to and handling at a disposal facility; and | | (d) | compliance with relevant waste acceptance criteria. |
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(8) Every approved person must periodically review the adequacy of the storage capacity and the review must take into account the following:| (a) | the predicted waste arising both from normal operation and from possible incidents; | | (b) | the expected lifetime of the storage facility; | | (c) | the availability of disposal options. |
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| Discharge of radioactive materials to environment |
63.—(1) Before seeking approval to discharge any radioactive material to the environment, an applicant must —| (a) | determine the characteristics and activity of the material to be discharged, and the possible points and methods of discharge; | | (b) | determine by an appropriate pre‑operational study all significant exposure pathways by which discharged radionuclides could give rise to exposure of members of the public; | | (c) | assess doses to the representative person due to the planned discharges; | | (d) | consider the radiological environmental impacts in an integrated manner with features of the system of protection and safety, as required by the Director‑General; and | | (e) | submit to the Director‑General the findings from sub‑paragraphs (a) to (d) as an input to the establishment by the Director‑General of authorised limits on discharges and conditions on their implementation. |
(2) Every approved person, in addition to the requirements of paragraph (1), must —| (a) | keep all radioactive discharges as far below the authorised limits as is reasonably achievable; | | (b) | monitor and record the discharges of radionuclides with sufficient detail and accuracy to demonstrate compliance with the authorised discharge limits and to permit estimation of the exposure of the representative person; | | (c) | maintain an appropriate management system for the activities related to effluent or environmental monitoring; | | (d) | report discharges to the regulatory body at intervals as may be specified by the Director‑General; and | | (e) | promptly report to the Director‑General any discharges that will exceed the authorised limits. |
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| (3) In paragraph (1), “representative person” means an individual who receives a dose that is representative of the doses to the more highly exposed individuals in the population exposed to the radiation from the material mentioned in that paragraph. |
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| Requirements for radioactive waste management facilities |
64.—(1) Every pre‑disposal radioactive waste management facility (called in this regulation the facility) must be constructed in accordance with the design as described in the safety assessment and approved by the Director‑General.| (2) Where the commissioning of the facility is carried out in several stages, the commissioning of every stage is subject to the review and approval of the Director‑General. |
| (3) Upon the completion of commissioning of the facility, the approved person must submit a final commissioning report to the Director‑General and ensure that the safety assessment is updated, as necessary, to reflect the as‑built status of the facility and the conclusions of the commissioning report. |
| (4) A modification of an existing facility with significant safety implications that requires a revision of the safety assessment is subject to the same requirements and approvals under these Regulations as are applicable for a new facility. |
| (5) Every facility must be operated in accordance with every condition, limitation or exception that is imposed by the Director‑General. |
| (6) All operations and activities related to the facility and important to safety are subject to documented limits, conditions and controls, and must be carried out by trained, qualified and competent personnel. |
| (7) Every facility must be regularly maintained so as to ensure its safe performance. |
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