Malaysia legislation

Section 2

of *ATOMIC ENERGY LICENSING ACT 1984

Section 2

In this Act, unless the context otherwise requires—

“appropriate authority” means —

(a)

the Director General of Health where the activity to be licensed or licensed under this Act is in respect of a medical purpose as determined by the Board; or

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(b)

the Board where the activity to be licensed or licensed under this Act is in respect of a purpose other than a medical purpose;

“atomic energy" means all energy of whatever type derived from or created by the transmutation of atom “Board" means the Atomic

Energy Licensing Board established under section 3;

“conveyance" includes a ship, train, vehicle, an aircraft, and any other means of transport by which persons or goods may be carried;

“dealing", in relation to any radioactive material, nuclear material, prescribed substance or irradiating apparatus, means any activity involving the manufacturing, trading, producing, processing, purchasing, owning, using, transporting, transferring, handling, selling, storing, importing or exporting of such radioactive material, nuclear material, prescribed substance or irradiating apparatus;

“environment” shall have the meaning assigned to that expression in section 2 of the Environmental Quality Act 1974 [Act 127] and, in addition thereto, shall include the marine environment;

“installation operator” means a person licensed under this Act by the appropriate authority as the operator of a nuclear installation;

“ionizing radiation” means electromagnetic radiation or corpuscular radiation capable of producing ionization in its passage through matter;

“irradiating apparatus” means apparatus capable of producing ionizing radiation;

“licensee” means the holder of a licence issued under this Act;

“nuclear damage” means any loss of life, injury to the person, loss of, loss of use of, or damage to, property, or loss in, loss of use of, or damage to, the environment, which arises out of or results from—

(a)

radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or radioactive products or waste in, or of nuclear material coming from, originating in, or sent to, a nuclear installation; or

(b)

ionizing radiation emitted by any other source of radiation inside a nuclear installation;

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“nuclear fuel” means any material which is capable of producing energy by a self-sustaining chain process of nuclear fission, either alone or in combination with some other material, and includes fissionable material in the form of uranium metal, alloy or chemical compound, and such other material as the Board may from time to time by order in the Gazette determine to be nuclear fuel for the purposes of this Act;

“nuclear incident” means any occurrence or a series of occurrences, having the same origin, which causes or cause nuclear damage;

“nuclear installation” means—

(a)

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 propulsion thereof or for any other purpose;

(b)

any factory using nuclear fuel for the production of nuclear material;

(c)

any factory using nuclear material for the production of nuclear fuel or any factory designed or adapted for the processing of nuclear material, including the reprocessing of irradiated nuclear fuel; or

(d)

any facility where nuclear material is placed or stored other than storage incidental to the carriage of such material:

Provided that the appropriate authority may determine that several nuclear installations of one installation operator which are located at the same site shall be considered as a single nuclear installation;

“nuclear material” means nuclear fuel or other material used for the fabrication of nuclear fuel;

“nuclear reactor” means any structure containing nuclear fuel in such an arrangement that a self-sustaining chain process of nuclear fission can occur therein without an additional source of neutrons;

“person” means any individual, partnership, private or public body whether corporate or not, institution or organization, or any international body, institution or organization enjoying legal

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personality under the law of the country or the territory of the country where the nuclear installation is situated;

“prescribed” means prescribed by the Minister in regulations;

“radioactive material” means any nuclear fuel, radioactive product or radioactive waste;

“radioactive waste” means any waste which consists wholly or partly of—

(a)

a substance or article which if it were not waste would be radioactive material; or

(b)

a substance or article which has been contaminated in the course of the production, storage or use of any radioactive material, nuclear material or prescribed substance or by contact with or proximity to any other waste within the meaning of paragraph (a) of this definition;

“radiologist” means a registered medical practitioner who has received special training and has special knowledge in the use or application of ionizing radiation for diagnosing any condition of the human body;

“radiotherapist” means a registered medical practitioner who has received special training and has special knowledge in the use or application of ionizing radiation or a prescribed substance for the purpose of treating or alleviating any abnormal condition of the human body or for any other purpose requiring such specialized knowledge;

“registered dentist”, “registered medical practitioner”, “registered pharmacist” and “registered veterinary surgeon” mean respectively a dentist, a medical practitioner, a pharmacist and a veterinary surgeon, each registered as such in accordance with the provisions of the written laws relating to the registration of such persons;

“regulations” means regulations made under this Act;

“senior public officer” means any public officer authorized in writing generally or specially by the appropriate authority to exercise powers under this Act and includes the Director General of Health where he is the appropriate authority;

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“this Act” includes regulations and other subsidiary legislation made under this Act and anything else done under this Act or under such regulations or other subsidiary legislation.