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ARRANGEMENT OF REGULATIONS
Regulation
1.
Membership of Radiation Protection
Board
2.
Functions of the Board
3.
Meetings of the Board
4.
Committees of the Board
5.
Control and use of radiation
sources
6.
Application of ionizing radiation
to person, e.t.c.
7.
Notification of sale of
irradiating device or radioactive
material, e.t.c.
8.
Exemptions.
9.
Application for and issue of a
licence
10. Duties of licensees
11. Radiation Safety Officer
12. Chief Radiation Protection
Officer
13. Power of Radiation Protection
Officer
14. Appeals
15. Offences and penalties
16. Interpretation
IN
exercise of the powers conferred
on the Provisional National
Defence Council by section 9A and
10 (e) of the Atomic Energy
Commission Act, 1963 (Act 204)
this Instrument is made this 5th
day of January, 1993.
Regulation 1—Membership of
Radiation Protection Board.
The Radiation Protection Board
established under section 9A (1)
of the Atomic Energy Commission
Act 1963 (Act 204) referred to in
this Instrument as the Board shall
consist of the following persons—
(a) a chairman appointed by the
Council;
(b) the Chief Radiation Officer
appointed under Paragraph 12 of
this Instrument;
(c) the Director of the National
Nuclear Research Institute;
(d) the Director of the Ghana
Standards Board;
(e) one representative each of
Ministries of Health and
Mobilization not below the rank of
a Director;
(f) a representative of the
Universities in Ghana;
(g) a representative of the
Environmental Protection Council
not below the rank of a Deputy
Director; and
(h) three other persons, appointed
by the Commission.
Regulation 2—Functions of the
Board.
The Board shall have the following
functions—
(a) advise the Commission on
matters relating to radiation
protection and the disposal of
radioactive waste materials;
(b) initiate and draw up
protection strategies on
radiation;
(c) harmonise the interest of
state agencies concerned with the
utilization of radiation;
(d) license users and supervise
and monitor the use of irradiating
devices and radioactive materials;
(e) ensure that operations
relating to irradiating devices
and radioactive materials are
carried out without risk to public
health and safety and that
devices, plants, installations and
facilities are designed,
constructed, caliberated and
operated in accordance with
prescribed standards;
(f) advise the Secretary for
Lands and Natural Resources on the
grant of licences for mining
radioactive minerals;
(g) keep a register of owners of
irradiating devices,
radio active materials
and other sources of ionizing
radiation imported into or
manufactured in Ghana and of
premises licenced to dispose of
radioactive waste; and
(h) implement the provisions of
this Instrument.
Regulation 3—Meetings of the
Board.
(1) The Board shall meet at least
four times in each year at such
places and times as the Chairman
may appoint.
(2) The Chairman shall preside at
all meetings of the Board and in
his absence a member of the Board
elected by the members present
shall preside.
(3) Decisions of the Board shall
be by majority votes and in the
event of equality of votes, the
Chairman or the person presiding
at any meeting of the Board shall
have a casting vote.
(4) The quorum for any meeting of
the Board shall be five.
(5) Subject to this paragraph, the
Board shall regulate the procedure
for its meetings.
Regulation 4—Committees of the
Board.
The Board may appoint such
committees as it finds necessary
for the purpose of advising the
Board on matters relating to its
functions.
PART II—CONTROL AND USE OF
RADIATION SOURCES
Regulation 5—Control and Use of
Radiation Sources.
(1) Subject to exemptions that may
be prescribed or provided under
this Instrument no person shall—
(a) manufacture or otherwise
produce;
(b) possess or use;
(c) sell, dispose of or lease,
loan or deal with;
(d) import or export; or
(e) transport,
any irradiating device or
radioactive material, except
under, and in accordance with a
licence issued under this
Instrument.
(2) No person shall sell an
irradiating device or radioactive
material unless at the time of
sale the purchaser produces to the
vendor a valid licence authorising
the purchaser to use that type of
irradiating device or radioactive
material.
(3) For the purpose of Paragraph
(1) an irradiating device or
radioactive material shall be
deemed to have been exported when
it is placed on a ship, aircraft,
train or any other vehicle within
Ghana for the purpose of export.
Regulation 6—Application of
Ionizing Radiation to Person etc.
(1) No person shall cause ionizing
radiation to be applied to any
other person for the purpose of
diagnosing or treating a disease
unless the application is
prescribed by a medical or dental
practitioner registered under the
Medical and Dental Decree, 1972 (N.R.C.D.
91).
(2) No person shall administer
ionizing radiation to another
person unless the person
administering it is in possession
of a valid licence issued under
this Instrument.
Regulation 7—Notification of Sale
of Irradiating Device or
Radioactive Material etc.
(1) A person who sells an
irradiating device or radioactive
material shall submit to the Board
in respect of every sale a written
notice in such form as the Board
shall direct.
(2) An owner or user of an
irradiating device or radioactive
material shall notify the Board in
writing of his intention to
acquire, store, install or use the
device or material specifying the
purpose for which it is required
and the type of building or
facility where the device or
material is to be stored,
installed or used.
(3) An owner or user of a
radiation facility shall notify
the Board within a period of one
month of any change in the
facility which renders the
information supplied by him under
sub-paragraph (2) inaccurate.
Regulation 8—Exemptions.
(1) The radiation requirements
prescribed under this Instrument
shall not apply to patients
undergoing medical treatment by
exposure to ionizing radiation by
or under the supervision of an
authorised person.
(2) Subject to such exemptions as
may be prescribed or in a licence
issued under this Instrument, the
standards of radiation protection
to be observed for the purposes of
this Instrument shall be those
published by the Board any
guidelines established and
published by the International
Commission on Radiological
Protection, the International
Atomic Energy Agency or the World
Health Organization.
PART III—LICENSING PROVISIONS.
Regulation 9—Application for and
Issue of a Licence.
(1) A person who owns, purchases,
manufactures, acquires, imports,
sells or deals in, stores, uses,
disposes of or exports, any kind
of irradiating device or
radioactive material or any other
source of ionizing radiation shall
apply in the prescribed form to
the Board for an appropriate
licence or for a renewal of the
licence.
(2) on receiving an application
for a licence or for a renewal of
a licence, the Board may, on
payment of the prescribed fee,
issue to the applicant the
appropriate licence or renew the
licence.
(3) A licence issued under this
paragraph may—
(a) authorise the licensee to own,
purchase, acquire, import, export,
possess, sell or deal in, store,
install, use or dispose of, as the
case may be, irradiating devices,
radioactive materials or other
sources of ionizing radiation;
(b) be specific with regard to the
process, operation or facility;
(c) be valid for such period as
the Board may determine;
(d) contain such other conditions
as the Board considers necessary
to impose for the safe disposal of
all radioactive material resulting
from the proposed operation,
process or facility; and
(e) be in such form as the Board
shall determine.
(4) A licence issued under this
paragraph may —
(a) be amended at any time on
written notice to the holder by
the Board, if in its opinion, the
amendment is necessary for the
purpose of public safety; and
(b) be suspended or revoked by the
Board if the holder fails to
comply with the conditions
contained in the licence or laid
down in this Instrument or in any
regulations and where a licence is
suspended or revoked the holder
shall take such steps as may be
directed by the Board to ensure
that no radiation hazards occur.
(5) Licences that are issued under
this Instrument shall be in
addition to any licence required
under any other enactment.
Regulation 10—Duties of Licensees.
The holder of a licence shall be
responsible for ensuring that
exposure to ionizing radiation
resulting directly or indirectly
from its operation, conditions of
storage, transport or disposal is
kept as low as reasonably
practicable and below the
prescribed limits.
Regulation 11—Radiation Safety
Officer.
The owner of a facility shall
appoint a person experienced in
radiation health and safety
measures as a Radiation Safety
Officer within the facility and
the person so appointed shall
ensure that—
(a) all persons using or working
the facility are supplied with at
least one monitoring device and
any other protective accessories
necessary to carry out radiation
procedures with the lowest
possible risk;
(b) all radiation workers employed
within the facility are given
proper instruction on radiation
safety measures and where annual
exposure exceed three-tenths of
the dose equivalent limit, receive
medical check-ups at least once
every six months;
(c) proper care is taken of
radioactive wastes if they appear
in the course of the use of
radiation sources as described in
the code of practice issued by the
Board for protection of persons
exposed to ionizing radiation and
that the wastes are only disposed
of in accordance with the licence
granted for that purpose;
(d) exposure records are kept as
prescribed in the code of practice
for users of ionizing radiation;
and
(e) any other instructions that
may be issued from time to time by
the Board are implemented.
Regulation 12—Chief Radiation
Protection Officer.
(1) There shall be a Chief
Radiation Protection Officer who
shall be appointed by the
Commission.
(2) The Chief Radiation Protection
Officer shall be the Director of
the Board and shall exercise such
powers as are conferred on him by
these regulations and as the
Commission may direct.
(3) There shall be appointed by
the Commission officers designated
as Radiation Protection Officers.
Regulation 13—Power of Radiation
Protection Officer.
(1) The Chief Radiation Protection
Officer or any person appointed as
a radiation protection officer
may—
(a) enter, inspect and examine any
premises, container or any part of
it, booth, motor vehicle in or
upon which he has reasonable cause
to believe that an irradiation
device, radioactive material, or
any other source of ionizing
radiation is stored, used,
transported or disposed of;
(b) require the production of a
licence authorising the use of
any irradiating device,
radioactive material or any other
source of ionizing radiation or a
register or document kept under
this Instrument and inspect,
examine or take copies of them;
(c) make such examinations and
enquiries as may be necessary to
ascertain whether the provisions
of this Instrument are being
complied with; and
(d) exercise such other powers as
may be necessary for carrying out
the provisions of this Instrument
or any other guidelines.
(2) Every Radiation Protection
Officer shall be furnished with a
certificate of his appointment
signed by the Board or any person
authorised by the Board and when
visiting a place to which the
provisions of this Instrument
apply, shall, if so required,
produce that certificate to the
occupier or person holding a
responsible position of management
or control of the facility at the
premises in which an irradiating
device, radioactive material or
other source of ionizing radiation
are believed to be present or to
be actually present or exist.
(3) The Commission shall provide
to the Board such officers and
employees as the Board may require
for the effective implementation
of its functions.
Regulation 14—Appeals.
(1) An applicant or licensee may
within one month of being given
notice of a cancellation,
suspension, refusal to grant or
renew a licence, appeal to the
Commission against the
cancellation, suspension or
refusal to grant or renew a
licence.
(2) The Commission may, on
consideration of an appeal made
under sub-paragraph (1) make such
order as it considers proper and
such order shall be final.
Regulation 15—Offences and
Penalties.
(1) A person who—
(a) wilfully obstructs the Chief
Radiation Protection Officer or
any other radiation protection
officer in the exercise of his
duties under this Instrument;
(b) without reasonable excuse,
fails to produce a register,
licence, notice or document which
he is required by this Instrument
to produce;
(c) wilfully withholds any
information as to who is the owner
or responsible for the management
of a radiation source; or
(d) wilfully prevents or attempts
to prevent any person from
appearing or being examined by a
radiation protection officer,
is
guilty of an offence and liable on
conviction to a fine not exceeding
¢500,000 or to imprisonment for a
term not exceeding twelve months
or both.
(2) Notwithstanding sub-paragraph
(1), a person who contravenes any
of the provisions of this
Instrument relating to or in
connection with the importation,
possession, transportation, use or
disposal of irradiating devices,
radioactive materials or any other
sources of ionizing radiation
without being in possession of a
valid licence is guilty of an
offence and liable to imprisonment
for a term of not more than one
year.
(3) Any act or omission which is
an offence under this Instrument
shall, if done by a body corporate
be deemed to be an offence
committed by every director,
secretary or manager of the body
corporate 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 and the
circumstances of the case.
(4) If an offence under this
Instrument is committed by a
partner in a firm, every person
who, at the time of the commission
of the offence was a partner in
that firm or was purporting to act
in that office shall be deemed to
have committed the 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 and the circumstances of
the case.
Regulation 16—Interpretation.
In
this Instrument unless the context
otherwise requires—
"authorised person" means a
medical practitioner who is a
specialist in radiation medicine,
a radiographer, a radiophysicist
or any other person with special
knowledge in safe handling of
radiation sources;
"Commission" means the Ghana
Atomic Energy Commission;
"Council" means the Provisional
National Defence Council;
"Chief Radiation Protection
Officer" means the Officer
appointed under section 12[sic];
"facility" means an assembly of
devices, equipment, structures or
natural features whether simple or
complex, which serves some
specific purpose or performs some
other function;
"ionizing radiation" means gamma
rays, alpha and beta particles,
high speed electrons, neutrons,
protons and other particles
capable of producing ions
directly or indirectly in their
passage through matter;
"irradiating device" means an
apparatus capable of producing
ionizing radiation of a prescribed
type;
"licence" means a licence issued
under paragraph 9;
"minimum significant quantity"
means the quantity of radioactive
material above which
administrative control is
required;
"owner" means the person having
administrative control over a
radiation source;
"radiation source" means any
irradiating device or radio active
material;
"radiation worker" includes any
person potentially exposed to
ionizing radiation as a result of
his occupation;
"radioactive material" means any
material or substance emitting
ionizing radiation;
"Secretary" means Secretary for
Lands and Natural Resources.
JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 2nd
April, 1993.
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