Western Australian Current Regulations Western Australian Current Regulations (1) Subject to this
regulation —
(a) a
natural radioactive substance of an equivalent specific radioactivity not
exceeding 0.03 megabecquerel per kilogram; or
(b) a
quantity of a radioactive substance specified in the second column of Schedule
V which does not exceed the maximum quantity specified opposite to that
radioactive substance in the third column of that Schedule; or
(c) a
quantity of a radioactive substance not specified in the second column of
Schedule V, which does not exceed 0.004 megabecquerel; or
(d) a
personal timekeeping or other approved device containing radioactive self
luminous elements, which device —
(i)
is used or possessed by an individual; and
(ii)
does not contain as part of those self luminous elements
a radioactive substance specified in the first column of Schedule VI in
respect of the category of device concerned in a quantity exceeding the
maximum quantity specified opposite to that radioactive substance in the
second column of that Schedule;
or
(e) a
self luminous device the purpose of which is related to safety and which
contains less than 18.5 gigabecquerel of Hydrogen‑3 and complies with
the requirements set out in the publication entitled “Recommendations
for Exemptions from Licensing of Gaseous Tritium Light Devices” approved
by the NHMRC at its 81st Session in October 1975,
is a substance
consisting of or containing, as the case requires, less than the maximum
prescribed concentration of any radioactive element, whether natural or
artificial, for the purposes of the definition of radioactive substance in
section 4.
(2) For the purposes
of subregulation (1)(b), if a radioactive substance on any premises
consists of or contains 2 or more radioactive chemical elements or radioactive
isotopes of a chemical element and one or more of those elements or isotopes,
as the case requires, is or are present in a quantity or quantities less than
the maximum quantity or quantities specified in the third column of Schedule V
opposite to the appropriate radioactive substance or radioactive substances
specified in the second column of that Schedule, and the sum of the fractions
obtained by dividing the number of megabecquerels of each such element or
isotope present by the appropriate maximum quantity so specified does not
exceed unity, that radioactive substance is a substance consisting of or
containing, as the case requires, more than the maximum prescribed
concentration referred to in subregulation (1).
(3) For the purposes
of subregulation (1)(d), if a watch, clock or other timepiece contains 2
or more radioactive substances specified in the first column of Schedule VI
and the sum of the fractions obtained by dividing the number of megabecquerels
of each of those radioactive substances present by the maximum quantity
specified opposite thereto in the second column of that Schedule exceeds
unity, the watch, clock or other timepiece contains more than the maximum
prescribed concentration referred to in subregulation (1).
(4) Notwithstanding
anything in subregulations (1), (2) and (3), but subject to
subregulation (6) —
(a) a
radioactive substance referred to in subregulation (1) which the Council
is of the opinion is used or likely to be used in such a manner that an
individual may receive an effective dose exceeding the appropriate effective
dose limit; or
(b) a
personal timekeeping or other device referred to in subregulation (1)(d)
which does not comply with the requirements set out in Schedule VI; or
(c) a
gaseous self‑luminous device which is not a self‑luminous device
referred to in subregulation (1)(e),
consists of or
contains, as the case requires, more than the maximum prescribed concentration
referred to in subregulation (1).
(5) Notwithstanding
anything in subregulations (1), (2) and (3), but subject to
subregulation (6), if the Council is of the opinion that a radioactive
ore which is a natural radioactive substance referred to in
subregulation (1)(a) may —
(a) give
rise to a radiation hazard; or
(b)
result in an individual receiving an effective dose exceeding the effective
dose limit,
when that radioactive
substance is mined or milled, that radioactive substance consists of more than
the maximum prescribed concentration referred to in subregulation (1)
while it is being mined or milled.
(6) If the Council
forms an opinion referred to in subregulation (4)(a) or (5) it shall
forthwith notify each user of the radioactive substance concerned in writing
that he is required to comply with these regulations in respect of that
radioactive substance.
(7) In
subregulation (6) —
user , in relation to a radioactive substance,
includes manufacturer, storer, transporter, seller, possessor, miner, miller
or other dealer of or with, as the case requires, the radioactive substance.
[Regulation 5 amended: Gazette
22 Jul 1997 p. 3826; 16 Jul 2002 p. 3400.]