Proclamation No. 1025 /2017
PROCLAMATION TO PROVIDE FOR RADIATION AND NUCLEAR PROTECTION
WHEREAS, the use of
radiation and nuclear technology in the nations socio-economic development has
been increasing from time to time with the attendant risks of damage to health,
property and the environment, caused by radiation, unless proper and effective
protection schemes are introduced;
Whereas, it is
essential to regulates and supervises radiation sources, nuclear material and
related activities subject to regulatory systems in order to protect
individuals, the society and the environment in current and future generation
against the harmful effect of radiation, while
such sources and related activities are used for the benefit of the
public;
Whereas, it is found
essential to strengthen radiation sources and nuclear material protection
system which comply with international standards by enacting laws to make
persons, who are responsible for safety and security of radiation sources and
nuclear materials acutely aware of their legal responsibilities and to take
appropriate measure commensurate with the radiation hazard against anyone who
causes radiation exposure in excess of the acceptable level;
NOW, THEREFORE, in accordance with the Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE
GENERAL
1.
Short Title
This Proclamation
may be cited as the"Radiation and Nuclear Protection Proclamation No.1025 /2017”.
2.
Definition
In this Proclamation:
1/ "accident" means any unintended event which may cause
hazard and includes operating errors, apparatus failures or transportation risk
or other calamities with respect to radiation sources and nuclear materials,
the consequences or potential consequences of which are not trivial from the
perspective of safety;
2/ "activities" means the production, use, import and export
of radiation sources for industrial energy production, research and medical
purposes; the transport of radioactive material; the sitting, construction,
commissioning, operation and decommissioning of facilities for peaceful
purpose; radioactive waste management activities and site rehabilitation and
also include the activities stated in Article 5(2) of this Proclamation;
3/ "atomic energy" means a type of energy emitted from
radioisotopes, nuclear reactions, nuclear reactor, x-ray generator, or other
technical apparatus emitting ionizing radiation;
4/ "Authority" means the Ethiopian Radiation
Protection Authority; The Authority shall be accountable to the ministry of
Science and Technology;
5/ "authorization" means a written permission issued by the
Authority for an operator to perform a specified activity and may include
license or registration;
6/ "decommissioning" means all steps leading to the release
of a facility, other than a disposal facility, from regulatory control of the
Authority; these conditions include the processes of dismantling or removal of
essential equipment or material.
7/ “discharge" means planned and controlled releases into the
environment, as a legitimate practice, within limits authorized by the
Authority, of solids, liquid or gaseous radioactive materials that originate
from regulated nuclear facilities and activities during normal operation;
8/ "disposal" means the emplacement of spent fuel or
radioactive waste in an appropriate facility without the intention of
retrieval;
9/ "dose limit"
means the value of the effective dose or the equivalent dose to individuals
from controlled practice that shall not be exceeded;
10/ "nuclear or radiological emergency" means an emergency in
which there is, or is perceived to be, a hazard due to the energy resulting
from a nuclear chain reaction or from the decay of the products of a chain
reaction; or radiation exposure;
11/ “exclusion" means the deliberate exclusion of a particular
category of exposure from the scope of application in this proclamation on the
grounds that it is not considered amenable to regulatory control;
12/ "exemption" means the determination by the Authority that
radiation source or practice need not be subject to some or all aspects of
regulatory control on the basis that the exposure (including potential
exposure) due to the radiation source or practice is too small to warrant the
application of those aspects or that this is the optimum option for protection
irrespective of the actual level of the doses or risks;
13/ "facilities" means irradiation installations including
x-ray generators, nuclear facilities where activities utilizing nuclear material
are conducted; Uranium/Thorium mining and milling facilities, radioactive waste
management facilities and any other facility determined by the Authority where
radioactive material or nuclear material is produced, processed, used, handled,
stored or disposed of, on such a scale that consideration of protection,
security and safety is required;
14/ "inspector" means an employee designated by the Authority
to supervise the proper observance and enforcement of the provision of this
Proclamation, and regulation and directives issued hereunder by the authorized
person;
15/ "intervention" means any action intended to reduce or
avert exposure or the likelihood of exposure to radiation sources which are not
part of a controlled activities or which are out of control as a consequence of
an accident;
16/ "licensee" means a person holding valid authorization
issued by the Authority for an activity or practice;
17/ "notification" means a document
submitted to the Authority by a person to notify an intention to carry out an
activity or other use of radiation source;
18/ "nuclear material" means plutonium except that with
isotopic concentration not exceeding 80% in plutonium 239; uranium 233, uranium
enriched in the isotope 235 or 233; uranium containing the mixture of isotopes
as occurring in nature other than in the form of ore residue; any material containing
one or more of the foregoing;
19/ “nuclear safeguards” means regulating import, export and use of
nuclear material (plutonium, uranium, and thorium); non-nuclear material such
as nuclear grade graphite, heavy-water; and equipment that have dual-use–equipment
that can be used in nuclear fuel cycle activities (NFC) and in other
technologies within Ethiopia and its jurisdictions;
20/ "nuclear or radiological emergency plan" means a
description of the objectives, policy, concept of operations and a set of
procedures to be applied during
emergency and of
the structure, authorities
and responsibilities for a
systematic, coordinated and effective response serving as the base for the
introduction of other plans and
procedures;
21/ “operator" means any person applying for an authorization, or
that is authorized or responsible for nuclear, radiation, radioactive waste or
transport safety when undertaking activities or in relation to any nuclear
facility or radiation source,
22/ "orphan radioactive source" means a radioactive source
which is not under Authority control, either because it has never been under
Authority control or because it has been
abandoned, lost, misplaced, stolen or transferred without proper authorization;
23/ "physical protection" means a system of technical and
organizational measures preventing unauthorized activities with nuclear
installations, radioactive materials and selected items;
24/ "radiation" means energy which is
capable or incapable of producing ion pairs when it interacts with matter;
25/ "radiation source" means a radiation generator, or a
radioactive source or other radioactive material; outside the nuclear fuel
cycles of research and power reactors;
26/ "radioactive material" means any material designated as
being subject to regulatory control by the Authority;
27/ "radiation worker" means an individual competent and
experienced in radiation protection, safety or security and assigned by the
authorized person.
28/ "safety" means the protection of people and the
environment against radiation risk, and the safety of facilities and activities
that give rise to radiation risk;
29/ "spent fuel" means nuclear fuel that has been irradiated
permanently or temporarily removed from a reactor core;
30/ "person" means any natural or juridical person;
31/ any expression in the masculine gender includes the feminine.
3. Objectives
This Proclamation shall have the following
objectives:
1/ regulate in respective to the safety, security and safeguards to
ensure the peaceful use of radiation and nuclear technologies to support the national
socio-economic and technological development;
2/ protect individuals, the society, and the environment as well as
current and future generations from radiation hazards;
3/ Undertake and promote research and development in the subject areas
of regulating radioactive materials and related activities.
4.
Scope of Application
1/ This Proclamation shall be
applicable to natural or artificial nuclear and radioactive materials or in
respect of any other activity which involves a risk or harm arising from
radiation within the territory of Federal Democratic Republic of Ethiopia.
2/ Without prejudice to the
generality of sub-article (1) of this Article, the application of this
Proclamation shall not include radiation sources or activities which are
excluded and exempted from regulatory control.
PART TWO
NOTIFICATION
AND AUTHORIZATION
5.
General
1/ No activities shall be adopted, advertised, conducted, discontinued
or ceased except in accordance with the requirements established by the
Authority unless the exposure to such practice is excluded or the activity is
exempted from the requirements.
2/ No radiation source shall be as applicable be mined or milled,
manufactured, constructed or assembled, processed, possessed, transferred or
transited, imported, exported, distributed, sold, loaned, hired, stored,
operated, used, decommissioned, maintained, disassembled, transported, disposed
except in accordance with the requirements, established by the Authority unless
the exposure to such source is excluded from such requirement, or the radiation
source exempted from the requirements.
6.
Notification
1/ Any person who intends to engage in an activity specified in this
Proclamation shall submit a notification to the Authority of his intention to
carry out such activity or practice in the form prescribed for such purpose and
shall submit his plan to the Authority within the time limits provided in the
regulations.
2/ Without prejudice to sub-article (1) of this Article, the Authority
shall determine the radiation sources and activities requiring only
notification.
7.
Authorization
No person shall carry out any of the
activities specified in this Proclamation without fulfilling the requirements
and granted with authorization unless the practices or activities are exempted
or excluded from the regulatory control.
8.
Authorization of nuclear facility
Application for
authorization under Article 7 of this Proclamation shall submit the safety-case
which contains the following:
1/ assessment and verification of safety;
2/ financial capacity;
3/ management systems;
4/ human resources;
5/ radiation protection;
6/ emergency preparedness;
7/ sitting
8/ design, construction and commissioning;
9/ operation, maintenance,
modification and utilization;
10/ extended shutdown and,
11/decommissioning
including financial arrangements for decommissioning.
9. Mining
or processing of radioactive materials
The application for mining and processing of
radioactive materials under Article 7 shall contain the following:
1/ site characteristics, including geology and mineralogy;
2/ sitting or construction plans;
3/ conceptual design of the mining or processing facility;
4/ proposed work activities, extraction techniques and types of equipment involved ;
5/ transport of the ore;
6/ exposures and dose limit to
workers;
7/ measures to be taken for radiation protection;
8/ procedures for radiation accident prevention;
9/ plans
and procedure for the management of
radioactive waste discharge to the environment;
10/ procedures for dealing with accidental releases of radioactive or
nonradioactive contaminants into the environment, including mitigation of
hazards;
11/ impacts on public health and safety and the environment;
12/ sitting of tailings and storage facilities or stockpiles of ore and
waste rock;
13/ proposed decommissioning plans, including financial arrangements for decommissioning;
14/ security conditions.
10.Control of Radioactivity
in Food Stuffs and Non food Items
The Authority shall, in consultation
with the appropriate organs establish a system and control of radioactive
materials in food stuffs and non-food items.
11.Control of Export and
Import of Goods and Items Containing Nuclear and Radiation Substances
The Authority shall
control fulfillment of the following
conditions for exporting and importing of goods and items containing nuclear
and radiation sources and issue permit:
1/ to export any nuclear material, that is subject to regulatory
control the applicant shall provide the necessary information of the end user;
2/ to import any nuclear material and radioactive sources the
technical and administrative capability and resources to use the imported
material, equipment or technology of the end users shall be demonstrated; and
3/ other detail conditions specified in regulations and directives
issued hereunder shall be verified.
12.Issuance and Content of
Authorization
1/ The Authority shall grant certificate of authorization to a person
that meets specific requirements subject to particular activities and code of
conduct specified in this Proclamation, and Regulations and Directives issued
hereunder.
2/ Any certificate of authorization may contain necessary condition in
relation to radiation and nuclear regulation.
3/ The license shall be issued in the form prescribed for same.
13. Renewal
of Certificate of Authorization
1/ The application for renewal of certificate of authorization shall
be submitted to the Authority within the period upon fulfilling conditions
prescribed in the regulations issued pursuant to this Proclamation.
2/ Certificate of authorization may be renewed with or without amendment
of its content.
3/ Re-application for certificate of authorization, during the
validity period of the certificate, shall be required when the use of different
radioactive material or activities thereof or change or modification of
premises that could cause change in the radiation exposure occurs.
4/ The Authority shall issue renewed certificate of authorization if
the application meets appropriate requirements.
14. Responsibility of the Authorized Person and
other concerned parties
1/ Any authorized person shall have the primary responsibility for the
safe and secure conduct of that activity or practice and for ensuring compliance
with this Proclamation and Regulation, Directives issued hereunder and other
necessary requirements and conditions of the authorization related to that
activity or practice.
2/ Any authorized person shall have duty to cooperate with the
Authority when requested by the Authority for the performance of its regulatory
functions.
3/ Any authorized person shall inform his activity or practice to the
Authority prior to the cessation of his authorized activity or practice.
4/ Any authorized person shall ensure that exposure for radiation
resulting directly or indirectly from the authorized activity to be kept as low
as reasonably achievable below the prescribed limits. The details will be
enacted in the regulation.
5/ Any authorized person shall assign qualified and experienced person
in radiation health and safety as radiation worker.
6/ Any authorized person shall ensure that the radiation workers are
given proper instruction on radiation safety and receive a periodic medical
checkup every six months.
7/ Any authorized person shall ensure that workers are supplied with dose
limit monitoring device accessories and professional risk allowance necessary
to carry out radiation work with the lowest reasonable achievable risk that
commensurate with the level of potential risk expected from the authorized
source, or activities and radiation.
8/ Any authorized person shall ensure safe management of and control
over all nuclear or radiation sources.
9/ Any authorized person shall establish clear lines of responsibility
and accountability for protection and safety for radiation sources for which
authorization is granted.
10/ Any authorized person shall not employ a radiation worker, who
does not have proper training or is under 18 years of age or is not found by
medical examination to be free from disease or weakness which could be
considered to make him/her particularly vulnerable to the health hazards
involved in the work.
11/ without prejudice to the
Provision of sub article 10 of this article, the license shall deploy pregnant
workers in a position that ensure protection of the infant from radiation
hazard since the date of notification their pregnancy. Other related issues will be enacted in the
regulation.
12/ without affecting the rights to request compensation as per the
civil code, the licensee shall have the responsibility to
immediately make arrangement for the medical examination to any person who because of his/her work may
have otherwise been exposed to radiation, shows sign of injury which may be
suspected of having been caused by such radiation.
13/ Any person who wants to send abroad a radioactive residue waste
or spent fuel generated within the country shall obtain authorization from the
Authority.
14/ Any person engaged in radiation work shall, in addition to the
periodic examination prescribed under Article (6) of this Proclamation, undergo
medical examination as may be required by the Authority.
15/ The authorized person, the radiation worker or any other person
shall notify to the Authority forth with any lose, theft, diversion for unauthorized
use of the radiation source; or when over exposure of radiation or any accident
occurs in not later than 24 hours after such an occurrence has come to his
knowledge, and fully comply with any emergency measures as may be prescribed by
the Authority.
16/ On the death of the authorized person, any person responsible for
the administration of the estate shall promptly notify the Authority the death
of the authorized person and ensure the compliance of radiation protection and
safety requirements as well as the security of the radiation source under his
possession.
17/ On the death of the authorized person, the authorization shall
remain valid, in so far as it confers the right to possess the authorized
radiation source for the deceased’s estate until three months after death.
18/ The operator of a waste disposal facility shall prepare a plan
for the closure of the facility that includes effective institutional controls;
and the Authority shall approve this plan before authorization.
PART THREE
INSPECTION
AND ENFORCEMENT
15. Designation of Inspectors
The Authority shall assign inspectors
possessing the appropriate qualifications, training and experience; and issue
identification card which show their responsibilities.
16. Power and Responsibility of Inspectors
The inspectors shall have the following
powers and responsibilities:
1/ verify compliance of the authorized person with the provisions of
this Proclamation and regulations, directives, requirements and conditions
issued hereunder and conduct other necessary examination related with
inspection;
2/ without prejudice to the generality of sub-article (1) of this
Article enter any time to all parts of the premises or part there of vehicle,
boat air craft or facilities where activities or practices are carried out and
reasonable cause to believe that, with a view to:
a) obtain information about the status of their radiation safety and
security;
b) examine the authorization, notice or documents with related to
activities to inspect, examine or take a copy there of and take sample for
examination;
c) investigate any incident or accident involving nuclear material or
radiation sources; and
d) summon and question any person who acted as representative of the
authorized person and found pertinent to the inspection being carried out.
3/ prepare documents and record applicable for
inspection purposes;
4/ prepare inspection result reports to relevant
officials and authorized person;
5/ ensure that accountancy and operational record are in place and
maintained accurately by the authorized body;
6/ ensure that any nuclear material and
radiation sources and facility are
registered; their whereabouts at any time is known, that it is protected from
diversion, miss use, theft, or other
similar actions.
17.
Enforcement of Law
1/ When the inspector determines that an activity or practice is
conducted in violation of this Proclamation and regulations, directives and
necessary requirements and conditions of authorization issued hereunder and
poses an immediate risk of injury to persons or substantial damage to property
or the environment, the inspector as may be necessary shall make enforcement of
law by:
a) order immediate suspension of the activity or practice on temporary
basis; or seal the premises of the radiation sources;
b) order the authorized person to prohibit radiation worker who does
not meet applicable requirements from engaging in the activity or practice;
c) order that nuclear or radioactive material originating from a
suspended activity or practice be safely and securely stored or seized;
d) summon and receive statement or testimony, either alone or in the
presence of any other person as he thinks fit, any person with respect to
matters under radiation and nuclear regulatory activities; and
e) require a medical examination to be carried on as may be
necessary.
2/ The order or decision rendered by the inspector pursuant to
sub-article (1) of this Article shall be valid and enforced until rectified in
accordance with the order and decision by the authorized person.
3/ Notwithstanding sub-article (2) of this Article the decision of
inspector may not be enforced:
a) when
the top official of the Authority takes measure which reverses or modifies the
order or decision of the inspector; or
b) when complaint handling body reverses the order or decision of the
inspector;
4/ In cases of enforcement of law, the inspector shall produce a
report containing relevant findings and identifying the evidentiary basis for
the findings, including measures as necessary, test results, explanations or
other information.
5/ The report produced pursuant to sub-article (4) of this Article
shall be submitted to the authorized person and the authorized person has right
to ask clarification on the report or lodge his objection to the complaint
handling body within 30 days after the receipt of the report.
18. Modification, Suspension and Revocation of Authorizations
1/ The inspector, while exercising his law enforcement powers and
duties as provided for under Article 17 of this Proclamation may submit a
recommendation to the Authority to modify, suspend or revoke the authorization.
2/ The inspector may submit a recommendation to
the Authority for modification, suspension or revocation of the authorization
where:
a) the authorized person has contravened the provision of this
Proclamation or regulations or directives issued pursuant to this Proclamation;
b) the authorized person has contravened terms or conditions of the authorization;
c) it is proved that the authorized person has given false or
misleading information to the Authority for the issuance of the authorization;
or
d) the public interest so
requires.
3/ Where the inspector recommends to the Authority the modification,
suspension or revocation of the authorization pursuant to sub-article (1) and
(2) of this Article, he shall submit to the authorized person the written
copies of such recommendation together with the reasoning.
4/ Notwithstanding sub-article (3) of this Article, where urgency for
the matter so requires, the inspector may forthwith suspend an authorization
before submission of his recommendation to the Authority and to the authorized
person.
5/ The head of the license issuing department of the Authority shall
modify, suspend or revoke the authorization or approve the suspension decision
of the inspector based on the recommendation presented to it pursuant to
sub-article (3) of this Article.
6/ A suspension decision passed pursuant to sub-article (4) of this
Article shall have no effect if the head of the license issuing department of
the Authority fails to approve within 30 days.
7/ Where an authorization is suspended or revoked:
a) the inspector shall cause seal to be affixed at the authorized
person facility, nuclear or radioactive material or devices emitting ionizing
radiation for which the authorization was issued in such a way that the
facility, the installation or apparatus is incapable of being used without the
seal of affixed to them being broken;
b) the authorized person shall have obligation to report to the
Authority up on undertaking corrective measures as may be directed by the
inspectors; and
c) the inspector may lift up the seal affixed to the facility in
consultation with the license issuing department of the Authority, if the
authorized person verifies in writing to rectify the defects considered as
grounds for suspension or revocation of the authorization within certain period
of time. The details will be enacted in the regulation.
19. Pleading
1/ Any authorized person objecting decisions passed pursuant to
Article 18 of this Proclamation may lodge his pleading to the Director General
of the Authority within 30 days after getting copy of the decision, by
specifying that the authorization shall not be modified, suspended, or revoked.
2/ The Director General shall establish a committee to provide him a
recommendation on the pleading lodged.
3/ The committee to be established under sub-article (2) of this
Article shall consist one legal expert and two technical experts with the
experience of nuclear and radiation protection.
4/ The committee to be established under sub-article (3) of this
Article shall examine the pleadings directed to them from the Director General,
decision and relevant documents and provide recommendation to the Director
General within 30 days.
5/ The Director General shall pass his decision based on the
recommendation submitted to him by the Committee; and any person aggrieved by
the decision of the Director General may lodge pleading in the regular court of
law within 30 days against such decision.
6/ The court of law hearing the pleading on the administrative
decision may confirm, revoke or vary the decision or may remand the decision
for reconsideration.
7/ The decision of the Authority shall be enforced even though
pleading is lodged pursuant to sub-article (5) of this Article, unless court of
law issues suspension.
20. Measures
to be taken in the use of Nuclear Sources for Peaceful Services
1/ The appropriate governmental and non-governmental organizations and
the authorized person shall have obligation to cooperate with the Authority for
the implementation of regional and international radiation and nuclear
conventions to which Ethiopia is party.
2/ Without prejudice to
sub-article (1) of this Article, it is prohibited to directly or indirectly
manufacture or possess nuclear weapons and explosives, or attempt to
manufacture or possess nuclear weapons and explosives.
3/ The importation of radioactive
waste and nuclear spent fuel to Ethiopia for any purpose is strictly
prohibited.
21. Registration of radiation protection service
1/ Any person engaging in radiation protection service shall be
registered with the Authority and obtain authorization.
2/ The criteria for registration and issuance of authorization for
radiation protection service providers shall be determined by the regulations
to be issued hereunder.
22. Radiation and Nuclear research and Development
Necessary
conditions to undertake and promote research on radiation and nuclear
activities that can support the regulatory functions shall be facilitated.
23. Confidentiality
Subject to
the aim of this Proclamation disclose unreasonably any matters which said
secrete in provision of law and ensured by the concerned Authority is
prohibited.
PART FOUR
MISCELLANEOUS PROVISIONS
24. Criminal Provisions
1/ Whosoever, without duly notifying the Authority and having necessary
authorization involves in radioactive material and activities, shall be
punishable with rigorous
imprisonment of not less than three years and
not exceeding seven years and with a fine of not less than Birr 30,000 and not
exceeding Birr 70,000;
2/ Whosoever, up on duly notifying the Authority but without having
the necessary authorization involves in radioactive material and activities,
shall be punishable with rigorous imprisonment of not less than one year and
not exceeding two years and with a fine
not less than Birr 10,000 and not exceeding Birr 20,000.
3/ Whosoever transfers or leases the authorization or the activities
or materials or profession or organizations or by any means abuses the right
and privileges indicated under the license issued to him without the
acknowledgement of the Authority shall be punishable with rigorous imprisonment
not less than two years and not exceeding five years and a fine not less than
Birr 20,000 and not exceeding Birr 50,000.
4/ Whosoever, having been duly authorized, does not keep technical
documents or relevant information or submits a false report or fails to submit
a report of its activities to the
Authority when requested shall be punishable with rigorous imprisonment not less
than one year and not exceeding three years and with a fine not less than Birr
10,000 and not exceeding Birr 30,000.
5/ Whosoever acts beyond the scope of a specific authorization,
professional duties or code of conduct or by any other similar manner violates
this Proclamation and other safety and security measures shall be punishable
with rigorous imprisonment not less than two years and not exceeding five years
and with a fine not less than Birr 20,000 and not exceeding Birr 50,000.
6/ Whosoever, in any manner, obstructs the inspection or harasses the
inspector, or fails to cooperate with the inspector shall be punishable with
rigorous imprisonment not less than one year and not exceeding five years and
with a fine not less than Birr 10,000 and not exceeding Birr 50,000.
7/ Whosoever violates the provisions of this Proclamation and engages
in illicit trafficking of nuclear and radioactive materials shall be punishable
with rigorous imprisonment not less than three years and not exceeding 10 years
and with a fine of not less than Birr 30,000 and not exceeding Birr 100,000.
8/ Whosoever, being aware of the existence of professional malpractice
or knowingly or should have known that there exists a nuclear or radiological
accident or other similar activites against this Proclamation are materialized,
and fails to report shall be punishable with rigorous imprisionment not less
than one year and not exceeding five years and with a fine of not less than
Birr 10,000 and not exceeding Birr 50,000.
9/ Whosoever, discloses confidential information of nuclear or radioactive
material shall be punishable with rigorous imprisonment not less than one year
and not exceeding five years or with a fine not less than Birr 10,000 and not
exceeding Birr 50,000.
10/ Whosoever develop or use
the nuclear or radioactive material for the purpose of terrorism or any other
similar activities contrary to the peaceful use shall be punishable with not
less than 20 years rigorous imprisonment and with a fine of not less than Birr
200,000 and not exceeding Birr 1,000,000.
11/ Any person who without
permission from the Authority transfers, alters, disposes or disperses
nuclear/or radioactive materials that are likely to cause death or serious
injury to any person or substantial damage to property shall be punishable with
not less than three years and not exceeding fifteen years imprisonment and with
a fine not less than Birr 50,000 and not exceeding Birr 500,000.
12/ Any person who without
permission from the Authority uses nuclear/or radioactive materials to cause damage
shall be punishable with not less than
10 years and not exceeding 20 years rigorous imprisonment and with
a fine not less than Birr 100,000 and not exceeding Birr 500,000.
25.
Jurisdiction
of court
The Federal High Court shall have the
jurisdiction on disputes and matters arising under this Proclamation and
regulations to be issued.
26. Duty to
co-operate
The concerned
government bodies and any person shall have the duty to cooperate with the Authority
for effectively discharging of its duties provided under this
Proclamation.
27. Repeal
and Inapplicable laws
1/ The Radiation Protection Proclamation No. 571/2008 is here by
repealed.
2/ No law, regulation, directive or practice shall, in so far as it
is inconsistent with this Proclamation, be applicable with respect to matters
provided for by this Proclamation.
28. Transistor provision
1/ Notwithstanding sub-article (1) of Article 27 of this Proclamation,
excepting article 4(2) and Article 13 the provisions from Article 4 to Article
15 of the Radiation Protection Proclamation No. 571/2008, shall be effective,
until the Ethiopian Radiation Protection
Authority is established by the Council of Ministers Regulations.
2/ The Authority shall, after the coming into force of
this Proclamation, process pending applications for authorization and
registration in accordance with the provisions of this Proclamation.
3/ The authorizations given or
renewed, or registrations effected in accordance with Radiation Protection Proclamation No.
571/2008 shall remain effective until their validity period lapses.
29. Power to issue Regulations and Directives
1/ The Council of Ministers may issue Regulations on:
a) the notification and authorization obligations, and control and
monitoring applicable to ionizing and
non-ionizing radiation sources and related practices;
b) application
for authorization and related issues;
c) issuance of certificate of authorization, content, and validity
period and rate of service fees and
d) other related issues for the proper implementation of this
Proclamation.
2/ The Authority may issue directives on:
a) the control of radioactive materials in food stuffs and non-food
items;
b) the transportation of radioactive materials within the territory of
Ethiopia and control of orphan radioactive sources;
c) the commercial advertisement of radioactive materials or related
activities through mass media or other means; and
d) other issues for the implementation of this Proclamation and Regulations
issued under sub-article (1) of this Article.
30. Effective Date
This Proclamation shall enter in to force on
the date of its publication in the Federal Negarit
Gazeta.
Done at Addis Ababa on this 19th
day of July, 2017.
Mulatu Teshome (Dr.)
President
of the Federal
Democratic Republic of Ethiopia
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