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Cap. 585 · Nuclear Safety And Radiation (Cap. 585)

Cap. 585 Art. 4Applicability.

In KraftAmtlicher Text

(1) This Act shall apply to all practices and work activities which involve a risk from ionising radiation emanating from an artificial source or from a natural radiation source in cases where natural radionuclides are or have been processed in view of their radioactive, fissile or fertile properties, namely:

(a) the manufacture, production, processing, handling, disposal, use, holding, storage, transport, supply import to and export from Malta, transit through Maltese territory and disposal of radioactive substances;

(b) the manufacture and the operation of any electrical equipment emitting ionising radiation and containing components operating at a potential difference of more than 5kV;

(c) human activities which involve the presence of natural radiation sources that lead to significant increase in the exposure of workers or members of the public;

(d) discontinuance or cessation of a practice or work activity involving radioactive substances and devices that produce radiation and are used for industrial, medical, agricultural, research, and education purposes;

(e) any other practice or work activity specified from time to time by the Commission.

(2) This Act shall apply to nuclear material used for peaceful purposes while in international transport, and as applicable to domestic use, storage and transport.

(3) This Act shall also apply to work activities which are not covered by sub-article (1) but which involve the presence of natural radiation sources and may lead to a significant increase in the exposure of workers or members of the public which cannot be disregarded from the radiation protection point of view.

(4) Without prejudice to the other provisions of this article, this Act shall also apply to any intervention in cases of radiological emergencies or in cases of lasting exposure resulting from the after-effects of a radiological emergency or a past or old practice or work activity.

(5) Without prejudice to the generality of this article and the provisions of this Act and any regulations made thereunder, this Act shall apply for any facility or equipment that emits non-ionising radiation that the Commission specifies:

Provided that, without prejudice to the generality of the provisions of this article, sub-articles (2), (3), (4), and (5) shall apply mutatis mutandis to the activities carried out by any member of the disciplined forces, and the crew of vessels or aircraft registered in Malta.

(6) This Act shall also apply to the exposure of workers or members of the public to indoor radon, the external exposure from building materials and cases of lasting exposure resulting from the after-effects of an emergency or past human activity.

(7) This Act shall not apply to exposures associated with situations excluded or exempted by the Commission.

(8) This Act shall not apply to radio communications apparatus, electronic communications networks and services which are subject to the requirements of any law administered by the Malta Communications Authority.

Part II - General Principles of Protection against Ionising and Non-ionising Radiation