*ATOMIC ENERGY LICENSING ACT 1984

This Act shall apply throughout Malaysia.

Interpretation

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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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—

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

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—

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;

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

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

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

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.

The Board shall consist of a Chairman and four other members, all of whom shall have scientific or technical qualifications relevant to atomic energy or other disciplines connected therewith.

Among the members there shall be a representative each from the

Ministry responsible for health and the Ministry responsible for matters under this Act.

A member of the Board shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term of three years and shall be eligible for reappointment.

The appointment of any member of the Board may be revoked at any time by the Minister without assigning any reason therefor.

A member of the Board may by letter under his hand addressed to the Minister resign his office and such resignation shall become effective upon its acceptance by the Minister.

The members of the Board may be paid such allowances and other expenses in connection with the work of the Board as the

Minister may from time to time determine with the concurrence of the Minister of Finance.

Chairman of the Board

The Chairman shall not vote on any matter before the Board except as provided under subsection 6(3).

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The Minister may appoint any member of the Board to act as temporary Chairman during any period when —

Four members, including the Chairman, shall constitute the quorum of the Board.

In the event of an equal division of votes on any matter before the Board, the Chairman shall have the casting vote.

Rules for regulating meetings and proceedings

to advise the Minister and the Government of Malaysia on matters relating to this Act and developments pertaining thereto with particular reference to the implications of such developments for Malaysia;

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to exercise control and supervision over the production, application and use of atomic energy and matters incidental thereto;

to establish, maintain and develop scientific and technical co-operation with such other bodies, institutions or organizations in relation to nuclear matters or atomic energy as the Board thinks fit for the purposes of this Act;

where so directed by the Government of Malaysia, to perform or provide for the performance of the obligations arising from agreements, conventions or treaties relating to nuclear matters or atomic energy to which Malaysia is a party where such agreements, conventions or treaties relate to the purposes of this Act; and

to do such other things arising out of or consequential to the functions of the Board under this Act which are not inconsistent with the purposes of this Act, whether or not directed by the Minister.

Committees of the Board

Subject to this Act and any rules made under section 7, such committees may regulate their own procedure.

The members of such committees may be paid such allowances and other expenses in connection with the work of the committees as the Minister may from time to time determine with the concurrence of the Minister of Finance.

Power to charge, receive and recover fees

The power under subsection (1) shall be without prejudice to the power of the Minister under paragraph 68(2)(m).

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Power of the Minister to issue directions

site, construct or operate a nuclear installation;

deal in, possess or dispose of any radioactive material, nuclear material, prescribed substance or irradiating apparatus, unless he is the holder of a valid licence issued under subsection 16(5) by the appropriate authority for such purpose and as specified in the licence.

Subsection (1) shall not apply in respect of—

A licence for using any radioactive material, nuclear material, prescribed substance or irradiating apparatus for diagnostic or

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therapeutic purposes may be issued only to a registered medical practitioner, registered veterinary surgeon, radiologist, radiotherapist or registered dentist.

Classification of licences

No person shall use any radioactive material, nuclear material, prescribed substance or irradiating apparatus for any purpose other than that specified in the licence issued to him in respect of that radioactive material, nuclear material, prescribed substance or irradiating apparatus.

Exclusion of activity of prospecting or mining and requirement for reporting

Any person who, in carrying out either of the activities of prospecting or mining or both, encounters, discovers or comes into possession of any radioactive material, nuclear material or prescribed substance shall immediately report such fact to the Board in writing and shall comply with all directions that the Board may give in the matter, being directions not inconsistent with the relevant laws relating to mining.

Licensing authority

The Board shall grant a general licence to the Director

General of Health to issue separate licences on behalf of the Board to any person applying for a licence to undertake any of the activities referred to in the classification of licences under this Act where such activities are in respect of medical purposes.

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The Director General of Health shall process the application in the same manner as is provided under this Act for the processing of a licence issued by the Board and any reference hereinafter to the expression “licence” shall, unless the context otherwise requires, mean a licence issued by the appropriate authority, being the Director

General of Health or the Board, as the case may be.

Application for licence

Upon such application being made, the Board shall determine if the activity to be licensed is in respect of a medical purpose or a purpose other than a medical purpose.

If the Board determines that the activity to be licensed is in respect of a medical purpose, the Board shall refer the application to the Director General of Health for the Director General of Health to consider the application.

If the Board determines that the activity to be licensed is in respect of a purpose other than a medical purpose, the Board shall proceed to deal with the application.

The appropriate authority may thereafter issue to the applicant a licence in the prescribed form upon payment of the prescribed fee or may, if it thinks fit, refuse to issue such licence.

Every licence issued under this Act shall, unless sooner cancelled or suspended, continue in force for such period not exceeding three years as the appropriate authority may in each case determine.

Conditions in licences

Without prejudice to subsection (1), a licence referred to in the classification of the licences may be restricted to radioactive materials, nuclear materials or prescribed substances of a specified kind or kinds, or may be restricted to specified diagnostic or

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therapeutic purposes, which are limited in their type and nature; and a licence issued in respect of an irradiating apparatus may be restricted to a specified kind or kinds of such apparatuses, or may be restricted to specified diagnostic or therapeutic purposes, which are limited in their type and nature.

Security for licences

Without prejudice to the other provisions of this Act, where there is any breach of any of the conditions of the licence, such security or part thereof as the appropriate authority may determine shall be forfeited to the Government of Malaysia.

Registers

The contents of every such register may be proved in any proceeding without production of the register by a certificate under the hand of the appropriate authority and every such certificate shall be prima facie proof of the matters stated therein.

Returns

Every such return shall specify the quantity and the type of radioactive material, nuclear material, prescribed substance or irradiating apparatus in the possession of or under the control of the licensee together with such other particulars as the appropriate authority may from time to time require.

Return of every sale of radioactive material, etc.

Where the radioactive material, nuclear material, prescribed substance or irradiating apparatus is sold in respect of a medical purpose, the Board shall forward a copy of the return to the Director

General of Health.

where the licensee has committed an offence under this

Act;

where the licensee has committed a breach of any of the conditions of the licence;

where the licensee ceases to work or operate the nuclear installation in respect of which the licence was issued; or

where in the opinion of the appropriate authority it would be in the public interest so to do.

Where a licence has been cancelled or suspended, the appropriate authority may at the time of such cancellation or suspension, or from time to time thereafter during the remainder of the period for which if it were not for the cancellation or suspension the licence would have been valid, give the licensee such directions as it may deem necessary in the public interest and the licensee shall comply with all such directions.

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The licensee shall not have any claim whatsoever or be entitled to compensation for any loss caused to him by the cancellation or suspension of a licence issued under this Act or by the refusal to renew such licence.

Renewal of licence

An application to renew a licence shall be made to the appropriate authority in such manner as may be prescribed.

The appropriate authority may on such application renew the licence or may, if it thinks it fit so to do, refuse to renew the licence.

Licensee to obtain prior approval of appropriate authority for change of address

conditions of exposure;

dose limitation;

occupational exposure;

medical exposure;

exposure of members of the public and persons other than workers, excluding medical exposure;

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accidental exposure;

emergency exposure; and

exposure other than any of those specified in paragraphs

to (g).

If the appropriate authority has reasonable cause to believe that any worker has been or is likely to be exposed to ionizing radiation, the appropriate authority may require the licensee—

The appropriate authority may in its discretion require the licensee to provide at such intervals as it may determine medical examination by an approved registered medical practitioner for all or any of the workers of the licensee who are exposed or are likely to be exposed to ionizing radiation.

Any registered medical practitioner performing a medical examination under paragraph (2)(d) or subsection (3) shall inform the appropriate authority in the prescribed form of every worker whose health is or is reasonably suspected to be affected by ionizing radiation.

For the purposes of this section, “worker” includes any person working under the instruction of the licensee, whether or not employed by the licensee, in the handling or use of, or who will come into contact with, any radioactive material, nuclear material, prescribed substance or irradiating apparatus.

The Minister may prescribe the basic safety standards for the protection of workers and all other persons against ionizing radiation.

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Any authorization given under this section may be subject to such conditions as the appropriate authority may impose.

Control of accumulation of radioactive waste

Any authorization given under this section may be subject to such conditions as the appropriate authority may impose.

Where the disposal of any radioactive waste has been authorized under section 26 and in accordance with that authorization the waste is required or permitted to be accumulated with a view to subsequent disposal thereof, no further authorization under this section shall be necessary to enable the waste to be accumulated or caused to be accumulated in accordance with the authorization given under section 26.

For the purposes of this section, where any radioactive material, nuclear material or prescribed substance is produced, kept or used in or on any premises and any substance arising from the production, keeping or use of that radioactive material, nuclear material or prescribed substance is accumulated in any part of the premises appropriated for the purpose and is retained there for a period of not less than three months, that substance arising from such production, keeping or use shall, unless the contrary is proved, be presumed—

Any authorization given by the appropriate authority under this section may be subject to such conditions as the appropriate authority may think necessary to impose for the protection of the public.

Discretion to consult Director General of Environmental Quality

The Minister shall as soon as is practicable cause to be served on the appellant a written notice specifying the date, time and place at which the appeal is to be heard:

Provided that the date so specified shall in no case be earlier than thirty days from the date of service of such notice.

The grounds of appeal shall be submitted to the Minister not less than ten days before the date fixed for the hearing of the appeal.

At the hearing of the appeal the appellant may be present either in person or by counsel and the Minister may call for such evidence as he thinks fit.

The Minister may, after hearing the appeal, make an order confirming or setting aside the decision of the appropriate authority or make such other order as he thinks fit, and the order of the

Minister shall be final and shall not be subject to any appeal or review in any court.

All parties concerned shall give effect to the decision of the

Minister in the matter.

to enter the premises, site, nuclear installation or conveyance and there to search for and seize such radioactive material, nuclear material, prescribed substance, irradiating apparatus, book or document;

to arrest any person being in or on the premises, site, nuclear installation or conveyance in whose possession or under whose control such radioactive material, nuclear material, prescribed substance, irradiating apparatus, book or document is found, or whom such officer reasonably believes to have been dealing in such radioactive material, nuclear material, prescribed substance or irradiating apparatus, or to have been in possession or control of such book or document or to have brought, received, concealed, kept, deposited or stored such radioactive material, nuclear material, prescribed substance, irradiating apparatus, book or document.

Such officer may if it is necessary so to do, with or without assistance —

Any senior public officer may stop and search, and seize if necessary, any conveyance which he has reasonable ground for believing to be used for the carriage of any radioactive material, nuclear material, prescribed substance, irradiating apparatus, or any other thing liable to forfeiture under this Act.

Right of entry, etc.

enter, inspect and search at all times any premises, site, nuclear installation or conveyance in which such officer has reasonable ground to believe that there is stored or kept any radioactive material, nuclear material, prescribed substance or irradiating apparatus or there is being conducted any activity in respect of which a licence is required under this Act, for the purpose of examining, testing or calibrating that material, substance or irradiating apparatus, as the case may be; or

require the licensee or occupier of the premises, site or nuclear installation or the person in charge of the conveyance to provide such information or documents in the possession or control of such licensee, occupier or

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person relating to any activity in respect of which a licence is required under this Act as the officer may specify.

Any officer exercising powers under subsection (1) shall produce his letter of authorization or document of identification on demand.

Taking of samples, etc.

take, without payment, such samples of any material or substance which he believes to be radioactive material, nuclear material, prescribed substance or radioactive waste as are necessary for the examination and testing thereof; or

make copies of or extracts from any drawing, plan or document found therein and, for the purpose of making such copies or extracts, may remove any such drawing, plan or document after giving a signed receipt for the same and retain possession thereof for a period not exceeding fourteen days.

Indemnity of Government of Malaysia, appropriate authority and public officer

Anything ordered to be forfeited under this Act shall be disposed of in such manner as the appropriate authority may direct.

Obstruction of inspection, search or investigation an offence

refuses any senior public officer access to any premises, site, nuclear installation or conveyance which he is entitled to have under this Act;

assaults, obstructs, impedes or delays any senior public officer in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred under this Act;

fails to comply with any lawful demand or order of any senior public officer in the execution of any duty imposed or power conferred under this Act;

refuses or neglects to give to any senior public officer any information which may reasonably be required and which he has in his power to give;

furnishes to any senior public officer as true, information which he knows or has reason to believe to be false;

conceals or attempts to conceal or fails to produce any radioactive material, nuclear material, prescribed substance, irradiating apparatus, radioactive waste, book or document in relation to which there is reasonable ground for suspecting the commission of an offence under this Act;

escapes or attempts to escape from lawful custody after having been arrested for an offence under this Act;

rescues or attempts to rescue or causes to be rescued any person who has been duly arrested or anything which has been duly seized under this Act; or

before or after any seizure under this Act, breaks or destroys anything to prevent such seizure,

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commits an offence under this Act and is, on conviction, liable to imprisonment for a term not exceeding five years or a fine not exceeding five thousand ringgit or to both.

Offence

Any person who commits an offence under this Act is, on conviction, where no penalty is expressly provided therefor, liable to imprisonment for a term not exceeding ten years or a fine not exceeding one hundred thousand ringgit or both.

Where an offence under this Act is committed by a body corporate, every person who at the time of the commission of the offence was a director or officer of that body corporate commits that offence:

Provided that nothing in this subsection shall render any such person so liable if he proves that he exercised all due diligence and took all reasonable precautions to prevent the commission of such offence and that such offence was committed without his knowledge, consent and connivance.

Any person who would have been liable under this Act to any penalty for anything done or omitted if such thing had been done or omitted by him personally, shall be liable to the same penalty if such thing had been done or omitted by his partner, agent or servant, unless he proves that he exercised all due diligence and took all reasonable precautions to prevent the doing or omission of such thing and that such thing was done or omitted without his knowledge, consent and connivance.

Without prejudice to the Criminal Procedure Code [Act 593], the prosecution of any offence committed under this Act may be conducted by the appropriate authority or any senior public officer authorized in writing generally or specially so to do by the appropriate authority.

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Secrecy

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

a person who but for the cancellation or suspension of a licence issued under this Act would be the holder of such a licence.

Liability of installation operator

in his nuclear installation; or

involving nuclear material coming from or originating in his nuclear installation, and occurring—

before liability with regard to the nuclear incident involving the nuclear material has been assumed, pursuant to the express terms of a contract in writing, by another installation operator; or

involving nuclear material sent to his nuclear installation, and occurring—

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after liability with regard to a nuclear incident involving the nuclear material has been assumed by him, pursuant to the express terms of a contract in writing, from another installation operator; or

shall not apply where another installation operator or any other person is solely liable as provided in paragraph (b) or (c).

The installation operator shall be liable for such nuclear damage upon proof that the damage has been caused by a nuclear incident involving nuclear material in the course of carriage—

Subsection (2) shall not apply where—

No person shall carry any nuclear material in transit through Malaysia to its intended destination outside Malaysia unless such person―

Except as otherwise provided in this Part, no person other than the installation operator shall be liable for nuclear damage.

Exceptions to liability

The installation operator shall not be liable under this Act for nuclear damage―

if there is such a right pursuant to the express terms of a contract in writing with another installation operator or any other person;

if the nuclear incident results from an act or omission with intent to cause damage, against the person who has acted or omitted to act with such intent; or

if the nuclear incident results from stolen nuclear material, against the person who stole or unlawfully received the nuclear material causing the incident.

The right of recourse of the installation operator concerned under this section shall not in any way affect his liability under section 45 to persons other than those referred to in this section.

Governments to claim compensation for nuclear damage to environment

Where nuclear incident occurs in the course of carriage within

Malaysia of nuclear material, either in one and the same conveyance or, in the case of storage incidental to carriage, in one and the same nuclear installation, and causes nuclear damage which engages the liability of more than one installation operator, the total liability shall not exceed the amount established under section 59.

Subject to subsection 61(2), in neither of the cases referred to in subsections (1) and (2) shall the liability of any one installation operator exceed the amount established under section 59.

Liability of single operator of several nuclear installations involved in one nuclear incident