Radiation Protection Act

This Act may be cited as the Radiation Protection Act and shall, with the exception of sections 5 and 17, come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Sections 5 and 17 shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

“approved” means approved in writing by the Director;

“authorised officer” means any authorised officer appointed under section 3;

“Committee” means the Radiation Advisory Committee established under section 32;

“diagnostic radiologist” means a registered medical practitioner who has received special training and has knowledge in the safe use or application of irradiating apparatus for the purpose of diagnosing any normal or abnormal condition of the human body;

“Director” means the Director of Radiation Protection appointed under section 3;

“disposal”, in relation to waste, includes its removal, deposit or destruction, and includes its discharge, whether onto land or into water or into air or into a sewer or a drain or otherwise, and also includes its burial, whether underground or otherwise, and “dispose of” shall be construed accordingly;

“export”, with its grammatical variations and cognate expressions, in relation to Singapore, means to take or cause to be taken out of Singapore by land, sea or air;

“fuel burning equipment” includes a nuclear fuel plant;

“import”, with its grammatical variations and cognate expressions, in relation to Singapore, means to bring, or cause to be brought into Singapore by land, sea or air;

“in transit” means taken or sent from any country and brought into Singapore by land, sea or air whether or not landed or transhipped in Singapore for the sole purpose of being carried to another country either by the same or by another conveyance;

“ionizing radiations” means electro-magnetic radiations and corpuscular radiations which give rise to the formation of ion pairs on interaction with matter;

“irradiating apparatus” means any apparatus that can be used for the production of X-rays or gamma rays or for the acceleration of atomic particles in such a way that it produces a dose equivalent rate of or exceeding 0.25 millirem per hour at a point which could be reached by a living human being;

“licence” means a valid licence granted under the provisions of this Act;

“licensee” means the holder for the time being of a valid licence granted under the provisions of this Act;

“premises” includes messuages, houses, buildings and lands, whether open or enclosed, and whether public or private, and includes any place underground and any land covered by water;

“radioactive material” means any article containing a radioactive substance giving it a specific radioactivity exceeding 0.002 microcurie per gram and a total radioactivity exceeding 0.1 microcurie;

“radioactive substance” means a radionuclide or mixture of radionuclides, either alone or in chemical combination with other elements;

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

“radionuclide” means an isotope of any element which spontaneously emits any ionizing radiation;

“registered dentist” means any person who is registered as a dentist in the first division of the register maintained under section 5 of the Dentists Act [Cap. 76];

“registered medical practitioner” means any person who is registered or deemed to be registered as a medical practitioner under the Medical Registration Act [Cap. 174];

“registered pharmacist” means any person who is registered as a pharmacist under the Pharmacists Registration Act [Cap. 230];

“sell” includes supplying or otherwise dealing in or disposing of, whether by way of sale, loan or gift, or offering or attempting to sell, or receiving for sale, or exposing for sale, or having in possession for sale, or sending or delivering for sale, or causing to be sold, offered or exposed for sale and also includes barter, and “sale”, “buying”, “vendor” and “purchaser” have corresponding meanings;

“therapeutic radiologist” means a registered medical practitioner who has received special training and has knowledge in the safe use or application of irradiating apparatus or radioactive materials for the purpose of treating or alleviating any abnormal condition of the human body or for any other purpose requiring such specialised training or knowledge;

“veterinary surgeon” means a person who holds the diploma of membership of a Royal College of Veterinary Surgeons of England, or the diploma of a British or foreign veterinary institution or examining body approved for the purposes of the Poisons Act [Cap. 234] and includes any veterinary surgeon employed by the Government.

Every licensee shall —

If the Director has reasonable cause to believe that any worker has been or is likely to be exposed to ionizing radiations to a greater extent than is prescribed in relation to his work, the Director may require the licensee —

The Director may at his discretion require the licensee to provide medical examinations for all or any of the workers who are likely to be exposed to such ionizing radiations as may be prescribed by the Director by approved registered medical practitioners at such intervals as the Director may determine.

The registered medical practitioners performing medical examinations under subsection (2)(d) or (3) shall give notice to the Director in the prescribed form of all workers whose health is or is reasonably suspected to be affected by ionizing radiations.

If the Director is satisfied that it is detrimental to the health of any worker to be continued to be exposed to ionizing radiations, the employer of the worker shall not permit or require the worker —

For the purposes of this section, “worker” includes all persons working under the instruction of the licensee, whether employed by him or not, in the handling or usage of, or who will come into contact with, any radioactive material or irradiating apparatus.

For the purposes of this Act there shall be a Director of Radiation Protection who shall be appointed by the Minister.

The Director shall be charged with the general administration of this Act and the exercise of the powers conferred and duties imposed upon him by this Act.

The Director may appoint such other persons as he may think fit to be authorised officers for the purposes of this Act.

Subject to any general or special directions of the Minister or the Director, the powers conferred and duties imposed on the Director by this Act, or the regulations made thereunder, may be exercised or performed by any authorised officer.

Subject to such exemptions as may be prescribed, no person shall, except under and in accordance with a licence —

Subsection (1) shall not apply to any radioactive material —

The master of every vessel or the commander of every aircraft —

Where any radioactive material brought into Singapore in transit is landed or transhipped in Singapore, it shall be stored and dealt with as the Director may direct and shall be moved only under and in accordance with the prior consent in writing of the Director.

Any consent given by the Director under this section may be expressed to be subject to such conditions as the Director may see fit to impose.

Nothing in this section shall be deemed to apply to any radioactive material in transit by air if the aircraft passes over Singapore without landing.

Subject to such exemptions as may be prescribed, no person shall use any radioactive material unless that person is the holder of a licence authorising him to do so.

Subject to this section, no person shall sell or otherwise supply any radioactive material which is intended to be taken internally by, injected into or applied to a human being unless —

No person shall administer any radioactive material by way of treatment of a human being unless that person is a registered medical practitioner and is the holder for the time being of a licence authorising him to do so, or is a person acting in accordance with the directions of such medical practitioner.

No person shall administer any radioactive material by way of treatment of an animal unless that person is a veterinary surgeon and is the holder for the time being of a licence authorising him to do so, or is a person acting in accordance with the directions of such veterinary surgeon.

A prescription signed by any such medical practitioner authorising the sale or supply of any radioactive material intended to be taken internally by, injected into or applied to a human being shall not be dispensed on more than one occasion or more than 3 months after the date on which it was signed except in the case where the prescription expressly directs that it may be dispensed on a specified number of occasions or at specified intervals during a specified period it may be dispensed in accordance with that direction.

Subject to such exemptions as may be prescribed, no person shall, except in accordance with a licence —

Notice of every sale of irradiating apparatus shall forthwith be given to the Director by the person selling the apparatus, together with the name and address of the person to whom it was sold.

Notice of every purchase of irradiating apparatus shall forthwith be given to the Director by the person buying the apparatus, together with the name and address of the person from whom it was purchased.

On application by any person desiring to obtain a licence, the Director may grant to the applicant a licence or may, if he thinks fit, refuse to grant a licence to the applicant.

Every application for a licence shall be accompanied by such information or particulars as may be prescribed or as the Director may, in any case, require.

Every licence shall, unless previously cancelled, or unless some earlier expiry date is specified therein, continue in force until 31st December next following the date on which it was granted, but may from time to time be renewed pursuant to this Act.

Subject to section 21, the decision of the Director on any application under this section shall be final.

Any licence may be granted subject to such conditions, in addition to any condition that may be prescribed in respect of licences generally, as the Director sees fit to impose and the conditions so imposed by the Director may at any time be varied, added to, or revoked by the Director.

Without prejudice to the generality of the powers conferred by subsection (1), licences may be granted subject to any of the following conditions:

Licences shall be classified as follows:

Licences to use irradiating apparatus for medical diagnostic purposes may be granted only to diagnostic radiologists, and registered medical practitioners who, in the opinion of the Director, have special knowledge in the safe use of irradiating apparatus for the purpose of diagnosis.

Licences to use radioactive materials for medical diagnostic purposes may be granted only to registered medical practitioners who, in the opinion of the Director, have special knowledge in the safe use or application of radioactive materials for the purpose of diagnosis.

Licences for medical therapeutic purposes may be granted only to therapeutic radiologists who, in the opinion of the Director, have sufficient experience in the treatment of the human body by means of radioactive materials or irradiating apparatus.

Licences to use irradiating apparatus for dental diagnostic purposes may be granted only to registered dentists who, in the opinion of the Director, have special knowledge in the safe use of irradiating apparatus for the purpose of diagnosis.

Licences for veterinary diagnostic purposes may be granted only to veterinary surgeons and other persons who, in the opinion of the Director, have special knowledge in the safe use or application of radioactive materials or irradiating apparatus for veterinary purposes.

Licences for industrial, experimental, testing, demonstration, research, or other specific purposes may only be granted to persons who, in the opinion of the Director, have sufficient knowledge in the safe use of radioactive materials or irradiating apparatus.

No person shall use any radioactive material or irradiating apparatus for any purpose other than that specified in his licence in respect of that material or apparatus.

The Director shall keep or cause to be kept such registers of licences as he thinks fit.

The contents of every such register may be evidenced in any proceedings by a certificate under the hand of the Director, and every such certificate shall be prima facie evidence of the matters stated therein.

A certificate under the hand of the Director that on a date specified in the certificate the name of any person did or did not appear in any register as the holder of a licence or any specified class of licence shall, until the contrary is proved, be sufficient evidence of the matters specified therein.

The Director may, in his discretion, cancel or suspend for such period as he thinks fit any licence if the licensee —

Subject to section 21, every decision of the Director under this section shall be final.

On application being made to the Director in the prescribed manner, the Director may grant to the applicant a renewal of any licence held by the applicant, or may, if the Director thinks fit, refuse to grant a renewal of the licence.

Sections 9, 10 and 11 shall apply to every application for the renewal of a licence as if it were an application for a new licence.

In granting any renewal of a licence the Director may endorse the existing licence or he may issue a new licence in lieu thereof, but every such new licence shall show on the face thereof that it is a renewal of a licence.

Every application for the renewal of a licence shall be made not later than one month before the date of expiry of the licence or within such further time as may be allowed by the Director in any particular case.

The renewal of a licence may be granted in advance and shall, unless previously cancelled, take effect from the expiry date of the licence in renewal of which it is granted.

Where application for renewal of a licence is duly made under this section the licence shall, where the application is not disposed of before the date of expiry of the licence, continue in force until the application is disposed of.

Subject to section 21, every decision of the Director on an application for renewal of a licence under this section shall be final.

No person shall accumulate any radioactive waste on any premises without the prior approval in writing of the Director.

Any approval given by the Director under this section may be subject to such conditions as the Director may see fit to impose.

Where the disposal of any radioactive waste has been authorised under section 17 and in accordance with that authorisation, the waste is required or permitted to be accumulated with a view to subsequent disposal thereof, no further authorisation under this section shall be required to enable the waste to be accumulated in accordance with the authorisation granted under section 17.

For the purposes of this section, where radioactive material is produced, kept or used on any premises and any substance arising from the production, keeping or use of that material is accumulated in any part of the premises appropriated for the purpose, and is retained there for a period of not less than 3 months, that substance shall, unless the contrary is proved, be presumed —

If it appears to the Director that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the Director may provide such facilities or may arrange for the provision thereof by such persons as the Director may think fit.

The Director may make reasonable charges for the use of any facilities provided by him or in accordance with arrangements made by him under this section or, in the case of facilities provided otherwise than by the Director, may direct that reasonable charges for the use of the facilities be made by the person providing them in accordance with any such arrangements.

If there is radioactive waste on any premises and the Director is satisfied that the waste ought to be disposed of but by reason that the premises are unoccupied or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the Director exercises his powers under this subsection, the Director shall have the power to dispose of that radioactive waste in such manner as the Director thinks fit, and to recover from the occupier of the premises or, if the premises are unoccupied, from the owner thereof, any expenses reasonably incurred by the Director in disposing of it.

For the purposes of this section, “owner” means the person for the time being receiving the rent for the premises in connection with which the word is used, whether in his own account or as agent or trustee for any other person or who would so receive the rent if the premises were let to a tenant and shall include the person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act [Cap. 254].

Subject to section 21, the decision of the Director shall be final.

No person shall transport any radioactive waste without the prior consent in writing of the Director.

Any consent given by the Director under this section may be expressed to be subject to such conditions as the Director thinks necessary for the protection of the public.

Any person who is dissatisfied with any decision of the Director under section 9, 10, 13, 14, 16, 18 or 19 may, within one month after notice of the decision has been given to him by the Director, give notice of appeal in the prescribed manner to the Minister.

Upon receipt of the notice of appeal, the Minister shall forthwith take all steps necessary for the constitution of a Board of Appeal (referred to in this Act as the Board) consisting of 3 members chosen from a panel of persons recommended by the Committee.

The Board so constituted shall hear the appeal as soon as practicable.

The onus of proving that the Director’s decision is unjustified is on the appellant.

The Board shall have the following powers:

The Board may, after hearing an appeal, confirm or annul the decision of the Director, or may make such other order as it thinks fit.

On any appeal under this section the decision of the Board shall be final and conclusive.

The Director or any authorised officer may for the purposes of this Act or any regulations made thereunder enter at all reasonable hours any premises, vehicle, vessel or aircraft in which he has reasonable grounds for believing that there is any radioactive material or irradiating apparatus for the purpose of examining the premises and testing the radioactive material or examining or calibrating the irradiating apparatus, as the case may be.

If a Magistrate is satisfied on oath or affirmation by the Director or an authorised officer that —

Every warrant granted under this section shall continue in force until the purpose for which it was granted has been satisfied.

The Director, any authorised officer or police officer authorised to act under section 22 may —

Any person who refuses or fails or neglects to comply with any demand or requisition made by any person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Every person who at the commencement of this Act has in his possession or control any radioactive substance shall make a return to the Director specifying the quantity of every type of radioactive substance in his possession or control and setting out full particulars thereof.

Every such person shall forthwith supply such further particulars in relation to any radioactive substance referred to in any such return as the Director may from time to time require.

Where an offence under this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner, of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

Where any person would be liable under this Act to any punishment, penalty or forfeiture for any act, omission, neglect or default he shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any clerk, servant or agent, or of the clerk or servant of the agent provided that the act, omission, neglect or default was committed by the clerk or servant in the course of his employment or by the agent when acting on behalf of that person or by the clerk or servant of that agent when acting in the course of his employment in such circumstances that had the act, omission, neglect or default been committed by the agent his principal would have been liable under this section.

Where any person is convicted of any offence under this Act in relation to any radioactive material, the court may, in addition to imposing any penalty under the provisions of this Act, order that all radioactive materials in respect of which the offence was committed shall be forfeited to the Government.

Where any person is convicted of any offence under section 8, the court may, in addition to imposing any penalty under the provisions of this Act, order that the irradiating apparatus in respect of which the offence was committed shall be forfeited to the Government.

All radioactive materials and every irradiating apparatus forfeited under subsection (1) or (2) shall be disposed of in such manner as the Director may direct.

There shall be a right of appeal from every order made by the court under this section.

There shall be an advisory committee to be known as the Radiation Advisory Committee whose duty shall be to advise the Minister on —

The members of the Committee shall be appointed by the Minister and shall hold and vacate their office in accordance with the terms of their appointments, and shall on ceasing to be members be eligible for reappointment.

Any member of the Committee may at any time by notice in writing to the Minister resign his office.

The Minister may at any time revoke the appointment of any member of the Committee without assigning any reason.

The Minister shall appoint a member of the Committee to be chairman of the Committee.

The meetings and the procedure of the Committee shall, subject to the provisions of this Act, be as determined by the members of the Committee.