CHAPTER 188 THE ATOMIC ENERGY ACT Arrangement of Sections Section Title G. f O A o PART I n sio PRELIMINARY PROVISIONS is erm 1. Short title. ut p 2. Interpretation. ith o w 3. Application. ted 4. Exemptions, exclusion and clearance. trib u s r d i PART II d o THE TANZANIA ATOMIC ENERGY COMuMc eISSION od 5. Establishment of Commission. prre 6. Functions of Commission. be 7. Appointment and duties of Director-General.ay m 8. Secretariat. ok 9. Staff of Secretariat. is bo h 10. Powers to appoint. f t art o p N o PART III CONTROL OFedv T. HE USE OF IONIZING RADIATION S r sOeURCES AND INSTALLATIONS ts re (a) Pr h roighibitions Relating to the Control of Ionizing Radiation All Sources and Installations . 11. Prohib i aintiaon on use, possession, export, storage or transport of ionizing radaina ztion sources. 12. T oPf rohibition on administering ionizing radiation to persons. 13. nte Prohibition on use and possession of plants and apparatus. rn1me 4. Prohibition on importation of nuclear installations. ovG 15. Prohibition on operation of nuclear installations. 25 20 (b) Provisions Relating to Authorisation © 16. Submission of detailed demonstration of safety. 17. Licensing of importers, exporters and transporters. 18. Licensing of users. 299 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] 19. Authorisation of qualified experts. 20. Registration of mobile ionising radiation devices. 21. Authorisation of technical service providers. 22. Exemption from registration and licensing. 23. Liability of licensee. G. 24. Modification, suspension and revocation of licence. A of O (c) Provisions Relating to Records. ion iss 25. Register of users and mobile devices. erm 26. Register of qualified experts. ut p 27. Removal or variation of particulars. thoi 28. Duty to keep records. w ute d rib PART IV ist d CONTROL OF RADIOACTIVITY IN FOODSdT oU r FFS e 29. Standards Act. du c 30. System for control of radioactivity in foodstuffs. prore 31. Requirement for radioactivity analysis. be 32. Analysis for radioactive materials contaminmataioyn. k oo PARisT b V RADIATION PROTECTIoOf thN, PHYSICAL PROTECTION, NUCLEAR SAFEarTt Y, RADIOACTIVE WASTE MANAGEMENT AoN pD EMERGENCY PREPAREDNESS N 33. Duty to ensure safety. d. ve 34. Accumulation of raedsi eoractive waste. 35. Disposal of radiotsa rctive waste. h 36. Authorisatiol nril gof accumulation and disposal of radioactive waste. 37. Revocatiao.n A or variation of authorisation. 38. Facili ni ztaies for safe management of radioactive waste. 39. D n Toase limits. 40. t oN f uclear safety and physical protection. en4m1. Licensee’s liability. ve rn42. Radiological emergency preparedness. o 5 G 43. Liability of public authorities in respect of radiation sources and installations. 2 ©20 PART VI THE CONTROL OF RADIATION EXPOSURE FROM NATURAL SOURCES 44. Mining Act. 45. System for control of natural radiation exposure. 300 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] 46. Guidance levels and measurements of natural sources. 47. Power to enter and assess radiation hazards. 48. Management of natural sources. PART VII . THE CONTROL OF DEVICES PRODUCING AG O NON-IONIZING RADIATION n o f o 49. Authorisation of non-ionizing radiation sources. iss i 50. Inspections and surveillance. ermp 51. Handling of sources of non-ionizing radiation. ut ith o w PART VIII ted THE PROMOTION OF ATOMIC ENERGY AND ibu NUCLEAR TECHNOLOGY dis tr or 52. Promotion of atomic energy and nuclear technology. ce d 53. Allocation of resources. duo 54. Approval of projects for utilisation of atomic energ ry r e.p 55. Transfer of nuclear technology. bey 56. Establishment or designation of institutes o rm a agencies. ok PARisT bo IX THE OPERATIONS OF T HofE th COMMISSION RELATING TO RADIATION aPrtp ROTECTION SERVICES 57. Radiation protection servi. cNe os. 58. Appointments and durtvieesd of radiation safety officers. 59. Powers of radiation ssere afety inspectors. 60. Right to enter ahntsd inspect. g 61. Confidentialll irt iy and custody of information. . A nia za PART X Tan FINANCIAL RESOURCES OF THE COMMISSION of62e. n t Funds of Commission. rn6m3. Management and control of Funds. e ov 64. Annual and supplementary budgets. 25 G 65. Powers to invest. 0 ©2 66. Powers to borrow. 67. Accounts and audits. 68. Annual statement on accounts and submission of report to Minister. 69. Annual statement and report to be laid before National Assembly. 301 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] PART XI MISCELLANEOUS PROVISIONS 70. Fees and charges. 71. Regulations. 72. Protection of members of board and officers of Commission. . AG 73. Offences. f Oo 74. Compounding of offences. ion 75. Evidence in legal proceedings. ss erm i p PART XII uto CONSEQUENTIAL AND TRANSITIONAL PROVISIONS ith d w 76. Savings. te bu 77. Transfer of assets and liabilities. ri ist 78. Transfer of staff and their rights. d or 79. Outstanding remunerations. ed uc 80. Exemption from taxation. rod 81. Repeal. re p bey SCHEDUL a ok E m bo f th is art o No p ed . ervs ts re igh All r nia . nz a a of T en t ern m ov 5 G2 ©20 302 CHAPTER 188 THE ATOMIC ENERGY ACT . An Act to establish the Tanzania Atomic Energy Commission and to provide AG for its functions in relation to the control of the use of ionizing and non- of O n ionizing radiation sources, the promotion of safe and peaceful uses isosf io atomic energy and nuclear technology, and to repeal the Protecertmion p From Radiation Act, 1983. ut o [w1sitth July, 2004] [GN.u Nteod . 221 of 2004] Act No. str ib 7 of 2003 di 8 of 2023 or GN. No. ed 281 of 2003 c rod u ep be r P ay k Am RT I PRELIMI oo is Nb ARY PROVISIONS of th Short title 1. This Act may b rt pea cited as the Atomic Energy Act. GN. No. o 281 of 2003 N ed . v Interpretation 2. In this Aserre ct, unless the context requires otherwise- GN. No. ts 281 of 2003 “accidhent” means any unintended event including operating rig Aellrrors, equipment failures or other mishaps, the ia. n consequences or potential consequences of which are not nz a a negligible from the point of view of protection or safety; of T t “administer ionizing radiation” means an intentional act of n me subjecting ionizing radiation to persons for the purpose ernv of medical treatment or diagnosis by a qualified expert o 5 G whether it be internal or external; 022 “appointed day” means the date on which this Act came into © operation; “approved medical practitioner” means a medical practitioner responsible for the medical surveillance of workers who are liable to receive a dose greater than three tenths of the 303 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] annual maximum permissible dose, whose capacity to act in this respect is recognised by the Commission; “apparatus” means equipment associated with the emission of radiation; . “article” means item or thing or equipment associated with OAG emission of radiation; n o f “atomic energy” means ionizing radiation emitted as a resulstiois of electronic or nuclear transitions in an atom; rm pe “authorisation” means a permission granted in a doocu tu ment by the Commission to a legal person who has si tuhw bmitted d an application to carry out a practice or an t byu eother action described in the general obligations fors tpr i di ractices under this Act and the authorisation can r d o take the form of registration or a licence; uc e d “authorised officer” means an officeepr ro appointed or authorised to perform any functions in b er relation to the enforcement of the provisions of this Aay mct, and includes a police officer; “Board” means the Boarodo k b of the Commission as provided for in the Schedule th t iso this Act; “Commission” mrte oa fns the Tanzania Atomic Energy Commissiono e ps atablished under section 5; “continuous ed.e x Nposure” means external or internal exposure where tehrvs e source of radiation subjects the body or any e crithitsc ar l organ to prolonged exposure or internal exposure d urigll e to continuous intake; “aD. A i irector-General” means the Director-General of the an nz Commission; Ta of “disease” includes injury and bodily or mental deficiency or en t abnormality; rnme “disposal” means the emplacement of waste in an approved, Gov specified facility, including near surface or geological 25 20 repository, without the intention of retrieval and disposal © may also include the approved direct discharge of effluents, including liquid and gaseous wastes, into the environment with subsequent dispersion; 304 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] “dose” means a measure of the radiation received or “absorbed” by target; “dose equivalent” means a quantity used by the International Commission on Radiation Units and Measurements . (ICRU) in defining the operational quantities ambient OAG dose equivalent, directional dose equivalent and personal of n dose equivalent; siois “dose limit” means the value of the effective dose opre rmthe equivalent dose to individuals from controlled porua t ctices that shall not be exceeded; ith d w “effective dose” means a summation of the tisbsuu tee equivalent doses, each multiplied by the approdp i istrriate weighting factor; r d o “emergency plan” means a set o e du cf procedures to be implemented in the event of a erpa rodiation accident; “equivalent dose” means the b e rquantity HT.R defined as H ay T.R = DT.R. x WR where D mT.R is the absorbed dose delivered by radiation type R avboe orkaged over a tissue or organ T and WR is the radiation s th iweighting factor for radiation type R; “exposure” means th oefrt act or condition of being subjected to irradiation; pao “external expdo. N e sure” means the act or condition of being subjectserd v to irradiation by a source outside the body; e “faciliht r tys ” means any assembly of devices, equipment, sll trri guctures or natural features whether simple or complex a. A i which serves some purpose or performs some function, n nz a in the course of which radiation is, or is capable of being Ta emitted; t o f en “former Commission” means the National Radiation ern m Commission established under the repealed Act; Gov “ionizing radiation” means the radiation of gamma rays and 5 20 2 x-rays or corpuscular radiation, capable of producing © ions directly or indirectly in its passage through matter; “internal exposure” means the act or condition of being subjected to irradiation by a source inside the body; 305 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] “licensee” means a person holding a licence granted under this Act; “Minister” means the Minister responsible for matters relating to atomic energy and nuclear technology; . “non-ionizing radiation” means optical radiation, radio G OA frequency radiation, low-frequency electric and magnetic of n fields, ultrasonic radiation and any other radiation witshiois similar biological effects; ermp “nuclear safety” means the condition and ability of ao nu t uclear installation and its servicing personnel to p wriethvent the d uncontrolled development of a fission cbhu teain reaction or an inadmissible release of radioactdivis teri substances or ionizing radiation into the environmoer d nt, and to reduce the consequences of accidents; ce du “nuclear installation” means a epn rouclear fuel fabrication plant, nuclear reactor inclu bdei rng critical and sub-critical assemblies, research reac y mt aor, nuclear power plant, spent fuel storage facility, eonkbo richment plant or reprocessing facility; his t “physical protecti f rot no ” means a system of technical and organisationao lp a measures preventing unauthorised activities dw. N e ith nuclear installations, nuclear materials and sel r sec vted items; e “plant” r hts means and includes any machinery, facility or illn ris gtallation, whether affixed to land or not, but does not A ia. include any thing comprised or to be comprised in any an nz means of transport, whether by land, water or air; a of T “practice” means any human activity that introduces en t additional sources of exposure pathways or extends m ern exposure to additional people or modifies the network ov G of exposure pathways from existing sources, so as to 25 20 increase the exposure or the likelihood of exposure of © people or the number of people exposed; “premises” means and includes any land, whether built-up or not, including any place underground and any land covered by water; 306 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] “qualified expert” means an individual who by virtue of certification by appropriate boards or societies, professional licence or academic qualification and experience, is duly recognised by the Commission as . having expertise in a relevant field of specialisation OAG including medical physics, radiation protection, f n o occupational health, quality assurance or any relevanstiois engineering or safety specialty; rm pe “radiation” means and includes both ionizing an t odu non- ionizing radiation; th d w i “radiation accident” means any occurrence oru steb uccession of occurrences having the same origin, whstr i di ich results into the release of radioactive materials, or d r radiation doses, which exceeds the safety standardsc pedu rescribed in this Act or the regulations; ro ep “radiation protection” means ea rb system of technical and organisational measures mtaoy reduce or limit exposure of people and the enviro ok bno ment; “radiation safety offic the irs” means an officer appointed under subsection (1) ortf o s f ection 58; “radiation safetoy p ainspector” means any person appointed under subs. eNed ction (1) of section 9 to perform radiation inspectsieor vns and any other duties relating to inspections e undhtes rr this Act; “radll rii goactive material” means any matter or substance A ia. containing one or more radionuclides the activity or an nz concentration of which is sufficiently intense to entail a Ta of significant risk or disability or disease to any person or t en organ on exposure; ern m “radioactive waste” means some material that contains or Gov is contaminated with radionuclides at concentrations or 25 20 activities greater than exemption levels as established by © the Commission and for which no use is foreseen; “sealed source” means a source consisting of radioactive material firmly incorporated in a solid of effectively inactive materials, or sealed in an inactive container of 307 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] a strength sufficient to prevent, under normal conditions of use, any dispersion of radioactive material and any possibility of contamination; “single exposure” means external exposure where the source . of radiation subjects the body or organ to exposure of AG O short duration, or internal exposure following the intake f n o of radionuclides over a short period; io iss “source” means an apparatus, device, material or anypteh rming capable of emitting radiation; ou t “undertaking” means and includes any trade ith w, practice, d business or profession and in relation to a bpuu teblic or local authority, includes any of the powers tri doisr duties of that authority, and, in relation to any otheorr d body of persons, whether corporate or incorporateucd ,e includes any of the activities of that body; proe “user” means a person or bo bdey r of persons or institution authorised under this Ac mt; ay “using radiation” meansb oa oknd includes possession, holding, storage, transportihnisg t , importing, exporting, installing, purchasing, sellritn o fg or applying radiation in any activity- (a) in determ a o ipning, for purposes of this Act, whether any radioeadc . tNive material is kept or used on any premises, nos ear vccount shall be taken of any radioactive material tsk r e h ept or used in or on any vehicle, vessel or aircraft if ll r ig either- ia. A (i) the vehicle, vessel or aircraft is on those premises an nz in the course of journey; or f T a o (ii) in the case of a vessel which is on those premises en t otherwise than in the course of a journey, the rnme material is used in propelling the vessel or is kept Gov in or on the vessel for use in propelling it; 02 5 2 (b) any substance or article which, in the course of © the carrying on of any undertaking, is discharged, discarded or otherwise dealt with as if it were waste, shall for purposes of this Act, be presumed to be waste unless the contrary is proved; and 308 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (c) any reference in this Act to be the contamination of a substance or article shall be construed as a reference to its becoming radioactive or possessing increased radioactivity as a result of its being so affected by either . or both of the following: OAG (i) absorption, admixture or adhesion of radioactive n o f material or radioactive waste; and io iss (ii) the irradiation by neutrons and other ioneizrmp ing radiation. ut ith o w Application 3. This Act shall apply to Mainland Tanzanuitae d as well as Tanzania Zanzibar in respect of all persons or trbibis ody of persons whose undertakings involve or include goer dnerally the use of atomic energy and nuclear technologuyc ea dnd in particular the production, processing, handling, pruo dse, holding, possessing, storage, transport and disposa lr e of natural and artificial radioactive materials and radiya be ma tion devices in respect of any other activity which invo k oolves a risk or harm arising from radiation. is b of th t Exemption 4.–(1) This Act s hpaa rll not apply to any material or use of any exclusions and No clearance material whicdh. contains- Act No. (a) radeirov eactive substances of a concentration of less than 8 of 2023 s. 4 es GN. No. s1 r Becquerels per gram for unsealed sources, the limit ht281 of 2003 rig being increased to 10 Becquerels per gram for sealed All . sources; or ia za n (b) material containing radionuclides of natural origin n Ta at an activity concentration of less than 1 Becquerel t o f n per gram for any radionuclide in the uranium decay e ern m chain or the thorium decay chain and of less than 10 v Becquerels per gram for Potassium - 40 (40K). 5 G o 02 (2) This Act shall not apply to ionizing radiation generators ©2 of a type approved by the Commission and any electronic tubes such as cathode ray tube for the display of visual images, provided that- (a) they do not cause in any normal operating conditions an ambient dose equivalent rate or a directional 309 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] dose equivalent rate, as appropriate, exceeding 1.0 microsivert per hour at a distance of 0.1 metre from any accessible surface of the apparatus; or (b) the maximum energy of the radiation produced is not . greater than 5 KeV. OAG (3) Sources including substances, materials and articles of n within notified or authorised practices may be exempted fro io isms further requirements of this Act subject to complyingp ew rmith clearance levels approved by the Commission. ou t (4) Any exposure whose magnitude or likeilth w ihood is d essentially unamenable to control through the t bu reequirements of this Act is deemed to be excluded from tishtrd ei application of this Act. r d o (5) Notwithstanding subsection (1) e du, csurface contamination clean up criteria for alpha and beta ro ep radiation shall not exceed an average of 0.8 Becquerels per b ec er ntimetre square. (6) Save as is provided f omra yin this Act, the Minister may, upon the recommendati onkbo of the Commission, by order published in the Gazet tht ies, exempt from the operation of any of the provisions of thri so f t Act any person or body of persons using any material whoi pc ah contains radioactive substances of more than the prescd.r N e ibed limits, or for any other reason or reasons as may deseemr v fit. e (7) htsE rxcept as provided for under subsection (1), any exelml ri gption under this section may be granted or confirmed sau. A i bject to such limitations or conditions as may be specified an nz by the Minister. a of T t en PART II rnm ve THE TANZANIA ATOMIC ENERGY COMMISSION 5 G o 20 2 © Establishment of 5.–(1) There is hereby established a body corporate to be known Commission as the Tanzania Atomic Energy Commission which shall seek to regulate the safe and peaceful use of atomic energy, promote and expand the contribution of atomic energy and nuclear 310 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] technology to health and prosperity throughout the United Republic and shall- (a) have perpetual succession and common seal; (b) in its corporate name, be capable of suing and being . sued; AG O (c) subject to this Act, be capable of purchasing and of n otherwise acquiring or disposing any movable iossr io immovable property and of entering into such conetrrmp act as may be necessary or expedient for the perfooru tm ance of its functions under this Act or any other irth w itten law. d (2) There shall be the Board of the Commibsus teion to which the provisions of the Schedule to this Act sha tri dilsl have effect as to its constitution and procedure and to othde or r matters in relation to it. uc e d (3) The Board shall exercise su ro ecph powers for the carrying out of such activities as are nece r bsesary, advantageous or proper for regulating the safe and pay m eaceful use of atomic energy, promoting and expandinoog k the use of atomic energy and nuclear technology. his b t (4) Without pre f rtj uo dice to subsection (3), the Board shall primarily oversoe pe a, monitor, regulate and supervise the implementateido . nN by the secretariat of the functions prescribed under sectseior vn 6. e (5) hStsa rve for the provisions relating to the appointment of the ll Cri ghairman, the Minister may, by order published in the G A ia.azette, amend, add to, vary, revoke or replace any of the za n n provisions of the Schedule. f T a o Functioenns t of 6.–(1) The Commission shall- Comnmission er (a) be responsible to all matters relating to the safe and Gov peaceful use of atomic energy and nuclear technology 5 02 including radioactive materials and radiation devices, ©2 with a view to ensuring the promotion of their applications and the protection of workers, patients and the public generally from harm resulting from radiation; 311 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (b) advise on policy issues and provide information in the light of currently available knowledge on the proper, safe and peaceful uses of atomic energy and radiation sources, the possible hazardous effects, and . the appropriate methods for enhancing the protection AG O of workers, patients, the public generally and the of n environment from harm by radiation; io iss (c) establish or adopt, in consultation with compeertmp ent bodies inside and outside the country, standoua t rds of safety for the protection of health and the mi wni tihmisation d of danger to life and property and to pbur toe vide for the application and supervision of theses tr i di standards in all undertakings or practices involvidn og r the use of atomic energy and radiation sources; e du c (d) establish and operationalisee po ror implement a system for the control and authorisaet b iron through registration and licensing of the impo mr atyation, exportation, movement, possession or usbe k o o of atomic energy and radiation sources; is th (e) establish, prrot om f ote or adopt guidelines upon which its regulatoroy p aactions are based; (f) reviewd . N e and assess submissions on safety from the opseerr vators both prior to authorisations and periodically e htsd ruring operation as required; (llg ri) g provide procedures for issuing, amending, suspending ia. A or revoking authorisations subject to any necessary za n n conditions, that are clear and unambiguous and which Ta of shall specify the necessary elements as may be provided nt e in the regulations; ern m (h) carry out regulatory inspections and ensure that v G o corrective actions are taken if unsafe or potentially 02 5 2 unsafe conditions are detected; © (i) take the necessary enforcement action in the event of violations of safety requirements, which actions include the closure of any radiation related services or radiation premises; 312 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (j) exercise regulatory control over all matters relating to non-ionizing radiation; (k) co-ordinate and make provision for, or carry out, or facilitate the carrying out, through the establishment . or designation of institutions, the development or OAG practical applications of atomic energy and nuclear n o f technology for safe and peaceful purposes, includinissg io the production of electric power using nuclear rea rm pcetors, with due consideration of the safety and needosu t of the nation; th d w i (l) prioritise and provide for, or carry ou t but, e or facilitate and co-ordinate the carrying out of, atridis pplied research designed to facilitate the evaluatdi o rn , development or practical applications of atomiucced energy and radiation sources for safe and peaceepf roul purposes, and of the modern methods for th eb ec rontrol and minimisation of the harmful effects o y mf aradiation exposure to workers, patients, the publi ok bco generally and the environment; (m) establish and toh ips erate a system for the registration of, and the f rtd oissemination of information relating to research ofi pn adings under this Act and to promote the practiecd .a Nl applications of those findings for the purposes of saedr vvancing the peaceful and more advantageous use so r e ht f atomic energy and radiation sources in the United l ri g l Republic, and the effectual protection of workers, A ia. patients, the public and the environment from radiation an nz harm; a of T (n) formulate and implement programmes for the t en training of persons to become qualified experts in ern m the development and practical applications of atomic Gov energy, nuclear technology and the use of radiation 25 20 sources and radiation protection; © (o) hold or facilitate the conducting of seminars, workshops or short training courses including public education for the safe and peaceful uses of atomic energy and nuclear technology; 313 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (p) promote national and international co-operation or collaboration on the applications of atomic energy and nuclear technology already introduced or intended for introduction in the United Republic; . (q) liaise with ministries and the appropriate institutions G OA in order to facilitate the incorporation into the syllabi of n of all relevant and appropriate knowledge in nucleisasr io science and technology for the practical applicapet rimons of atomic energy and the related safety and proutt ection during utilisation; ith o d w (r) foster and facilitate the exchange of usteb cientific and technical information, and the traininigstd roi f scientists and experts in the field of peaceful uds eo rs of atomic energy, nuclear technology, radiation pdur coetection, nuclear safety and waste management; proe (s) establish and operate or f baec rilitate the establishment and operation of a system y m afor the control of radioactivity in foodstuffs, animoob akl feeds and the environment, and for the managtehi ms ent of radioactive waste emanating from variourts o fatomic energy and nuclear technology applicatioo np as; (t) acquierde . Nor establish any facilities, plant or equipment usesefru v l in carrying out its authorised functions, and e htst or solicit or facilitate the soliciting of funds for the g ll r i purposes; A ia. (u) advise the Government on the administration of za n n the International Atomic Energy Agency Safeguards Ta of and other related International Nuclear Agreements, t en protocols, conventions and treaties; ern m (v) formulate and operate a national radiological v G o emergency plan and preparedness; 5 20 2 (w) inspect any radiation practices or radiation premises © and where there is a breach of safety standards, order the closure of such practices or premises or take action for locking the premises; 314 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (x) do anything or enter into any transaction which in the opinion of the Commission is calculated to facilitate the proper exercise of its functions. (2) The Commission may appoint such committees as . it deems necessary for the purpose of advising it on matters OAG relating to its functions, provided that the advice offered shall f n o not relieve the Commission of its responsibility for makinissg io decisions and recommendations. rm pe (3) The Commission may carry out research progorua t mmes on the promotion of peaceful use of atomic energy anitdh w nuclear d technology at such places and at such times to bbu tee determined by it. ist ri d (4) For purposes of carrying out r d oi ts functions, the Commission shall be deemed to be th ce due controller of each and every license, or authorisation wheipc roh may be required by or under this Act in relation to a nbey r matter connected with the radiation protection of perso y mn as and the environment and the development and use in thoo k b e United Republic of atomic energy and nuclear technologtyhi sf or safe and peaceful purposes. (5) For purposesrt oo ff the better performance of its functions, the Commissioon p a shall establish and maintain a system of consultatido. e nN and co-operation with any organisation, institution rv se, person or body of persons established by or under e any wr r hitst ten law, whether or not in the United Republic, whose funcl rtigl ions are related to those of the Commission or whose piaa. Articipation or collaboration in the work of the Commission an nz or any of its programmes is likely to advance the better and Ta of more effective furtherance of the objects and purposes of this nt e Act. ern m Go Avppointment and 7.–(1) There shall be appointed by the President of the United 25 duties of Director 0 - General Republic a Director-General of the Commission who shall be ©2 a qualified expert in atomic energy and nuclear technology matters and who shall serve for a term of five years and shall be eligible for re-appointment. 315 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (2) The Director-General shall be responsible to the Board for the proper administration and management of the functions and affairs of the Commission in accordance with the policy laid down by the Commission. . (3) Notwithstanding the provisions of subsection (1), the AG O President may on his own motion or upon the recommendation f ion o of the Commission remove the Director-General from thisast post on any reasonable or sufficient cause or causes. ermp (4) Further to the appointment made under subous t ection (1), the Commission may advise the Ministerw it h to make d further provisions for the establishment of Dirueteb ctorates, and appointment of its Directors. str i di or Secretariat 8.–(1) There is hereby establishedu cea d Secretariat of the Commission which shall, subject top rtoh d is Act, be the executive, technical and administrative orgba e e nr of the Commission. (2) The Director-Genera y ml ash all head the Secretariat and shall be the Secretary to th k ooe Board. (3) Where the Directso bhi r-General is absent from the United t Republic for a period o f rt exceeding three months or incapacitated by reason of illneos ps a or for any other reason is unable to perform his duties for . Nd a period exceeding three months, an officer within thee Srvs eecretariat shall be appointed by the Board to act in the ptsl ar ece of the Director-General during any such period of absenigchl r e from duty. A l ia. (4) The Secretariat shall perform the day to day activities of za nthe Commission and keep under review the progress made in n f T a the performance of the functions of the Commission and the nt o e attainment of the objects and purposes of this Act. rnm oSvta eff of Secretariat 9.–(1) The Commission may appoint and employ on such G 02 5 terms and conditions as the Commission may determine ©2 such officers and employees as may be necessary for effective performance of its functions. (2) The Commission may engage either temporarily or on such terms as it may think fit persons who are experts in 316 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] atomic energy and nuclear technology, subject to such other written laws. Powers to appoint 10. The Commission may, subject to such conditions as it may impose, engage any person or body of persons to facilitate the AG. appointment of such officers or employees of the Secretariat. O n o f io PART III miss pe r CONTROL OF THE USE OF IONIZING RADIhAouT t ION it d w SOURCES AND INSTALLATIONuteib S str or di d (a) Prohibitions Relating to the Controucle of Ionizing Radiation Sources and Inst r eaploldations r Prohibition on 11.–(1) Except as provided otheyr bw eise in this Act, no person shall use, possession, m export, storage on or after the appointed daky , ain pursuance of his undertaking or transport of use, possess, dispose, len o s bd o , let, hire, transfer, import, export, ionizing radiation store or transport anf ythsources i ionizing radiation sources unless he o Act No. is licensed and r rt 8 of 2023 s. 5 peagistered as such in accordance with the provisions of t.h Ni os Part. (2) A perrvseo dn shall not, in pursuance of his undertaking- (a) c roen sestruct, operate, decommission or closure of a htsig mine or ore processing facilities involving radioactive ll r A minerals; or nia . a (b) explore, store, transport, use, transfer, posses, process, z an dispose, import, export or enrich any radioactive of T t minerals, nuclear materials or other materials enm containing radioactive minerals, ern ov unless licensed or registered as such in accordance with the 5 G2 provisions of this Act. 20© (3) Any person who contravenes, fails or refuses to comply with the provisions of subsection (1), commits an offence and on conviction shall be liable to a fine of not less than three million shillings or to imprisonment for a term of not less than three years or to both, and the court convicting him may, in 317 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] any appropriate case, in addition to the fine or imprisonment imposed, make an order for the forfeiture of the source in question. . Prohibition on 12.–(1) A person shall not cause ionizing radiation to be G administering A f O ionizing radiation applied to any person for the purpose of diagnosing or treating o to persons a disease unless the application is prescribed by a medicasio n s l practitioner or dentist registered or licensed under any wr i eirtmten law. ut p o (2) A person shall not administer ionizing ith w radiation to another person unless the person administteerdu ing it is in possession of a valid licence issued or regis treibis red under this Act. d or (3) Any person who contravenes oru cwe dilfully fails or refuses to comply with any of the provisionprso dof this section, commits an offence and on conviction sha e bel lr be liable to a fine of not less than five hundred thousand s y mhail lings or to imprisonment for a term of not less than six moko n ths. b is Prohibition 13.–(1) Except as porfo th vided otherwise in this Act, a person on use and rt possession shall not, on or a ftpaer the appointed day, in the furtherance of of plants and his undertaki No dn. g install, use or possess any plant or apparatus apparatus designed foerv ethe- (a) preoss duction or use of atomic energy; (b ri)g htcarrying out of any process which is preparatory or All . ancillary to the production or use of atomic energy and nia za which involves or is capable of causing the emission of Tan radiation; or f nt o (c) accumulation, storage, processing or disposal of rnm e radioactive waste regardless of their origin unless he ov e is registered or licensed for that purpose in accordance 5 G 02 with the provisions of this Part. ©2 (2) For purposes of this section, installation of a plant shall include the adaptation of any plant, facility, apparatus or any part of it in order to achieve any of the purposes or obtain any of the effects specified in subsection (1). 318 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (3) A person who contravenes, or wilfully fails or refuses to comply with any of the provisions of this section, commits an offence and on conviction shall be liable to a fine of not less than three million shillings or to imprisonment for a term . of not less than three years or to both, and the court may, in OAG addition to the fine or imprisonment imposed, make an order n o f for the forfeiture of the plant or the apparatus in question. io iss erm Prohibition on 14.–(1) Except as provided otherwise in this Act, a upt p o erson importation of nuclear shall not, after the appointed day, import or c ith awuse to be installations imported into Tanzania any nuclear installat d uitoen, material, plant or other apparatus which is intendedi troibs be made into a source of radiation, unless he has previooru d sly complied with the provisions of this Part which relatece du to importers and the importation of nuclear installationprso, d and as such radiation devices to be imported shall comep rb ley with the specifications set out by the Commission. y ma (2) For the purpose ofo ot kh is section, the importation of an article, substance, mateirs h ibal or part of an apparatus which, on t being incorporatedr f ti onto or fixed, attached or connected to any existing plant oro i pn astallation, would result in making the plant or installationd . a N source of ionizing radiation, shall be deemed to be imposerrt veation of a nuclear installation. (3) A e ts nr y person who contravenes, or wilfully fails or refuses to clo rimg hply with any of the provisions of this section, commits an. A l ia offence and on conviction shall be liable to a fine of not less anz than three million shillings or to imprisonment for a term of an f T not less than three years or to both, and in addition to the fine t o en or imprisonment imposed, a court may make an order for the ern m forfeiture of the nuclear installation in question. Gov 25 0 Prohibition 15.–(1) A person shall not operate or hold himself as qualified ©2 on operation of nuclear and capable of operating any apparatus, facility, plant or installations installation or any part of any apparatus, facility, plant or installation, which is or consists of a source or sources of ionizing radiation unless he is a qualified expert and is duly 319 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] registered as such in accordance with the provisions of this Part. (2) A user shall not employ, permit or otherwise cause any person who is not a qualified expert to operate any plant, . installation or apparatus, or any part of which constitutes his AG O undertaking. n o f (3) Any person who contravenes or fails to comply with ainssy io of the provisions of this section, commits an offence anped rm on conviction shall be liable to a fine of not less than five hut o ndred thousand shillings or to imprisonment for a term woi thf not less d than six months or to both. te trib u dis (b) Provisions Relating to Auth or d risation e Submissions 16. Prior to the granting of an auth c dou risation, the applicant of detailed ro demonstration of shall be required to submit a deta irlee pd demonstration of safety, safety which shall be reviewed and ays bs eessed by the Commission in a accordance with clearly defikn med procedures whereas the extent of the control applied shas lbl o bo e commensurate with the potential magnitude and naturoe i f t hof the hazard presented. art Licensing of 17.–(1) Every Npo eprson wishing to import, export, store or importers, d. exporters and transport ovre whose business consists of the importation, transporters exportatieosne r, storage or transportation of any apparatus, r articleh,t s plant, installation or other material or substance wh rig Aillch is a source or is intended to be used for purposes of an nuian . dertaking involving the emission of radiation, shall do so za an only after securing a licence issued to him by the Commission of T t under this section. men (2) A licence may be issued under this section upon an ve rn application being made to the Commission in the prescribed Go 5 form and payment of prescribed fees. 2 20 (3) The licence issued under this section shall be in the © prescribed form and shall contain such particulars in relation to the licensee and the article or other material to be imported as may be prescribed by the Commission. 320 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (4) In considering whether or not to grant an authorisation under this section, the Commission shall take into account the number of persons individually importing sources of radiation, and in the case of an applicant who is a user, whether . he has fulfilled any requirements prescribed in respect of such OAG applicants by the Commission. n o f (5) The Commission may issue a licence under this sectiosniois subject to such conditions or limitations as it may deem efirmp t or necessary to impose in any particular case and shall porue t scribe in the Gazette the requirements to be met by the wlii tchensee or d the applicant. te bu (6) Any applicant shall be required dtiso tr i fulfill all the requirements prescribed by the Comd om r ission by order published in the Gazette. e du c pro Licensing of users 18.–(1) Any person intendingb et roe become a user shall be required to secure a licence i mssayued to him by the Commission under this section permitt k oiong him to do so. (2) The provisions hoisf bsection 17(2), (3) and (5) shall also t apply to applicationrt so f for and the grant of licences under this section. a o p (3) A licendc. e N shall not be granted under this section to any person oth rve seer than a body of persons, corporate or incorporate, and shal lrets not be transferable. (4 h l ri)g A licence granted under this section shall expire upon a l siap. Aecified period and may be renewable after fulfillment of the za nsafety requirements prescribed by the Commission. an f T Authorisnatt i oon of 19.–(1) Every person intending to carry out a practice that qualifi rnm eed experts involves the administering of ionizing radiation to persons, veo shall, before doing so, acquire a registration or a licence from 5 G 02 the Commission allowing him to administer ionizing radiation ©2 for the purpose of diagnosing or treating a disease. (2) The Commission shall, in consultation with competent bodies, establish a system for the authorisation of qualified experts to administer ionizing radiation to persons, and in doing so the Commission may require such persons to perform 321 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] qualifying tests in radiation protection by the Commission or institutions designated by it. Registration of 20.–(1) With effect from the appointed day, a person shall not- mobile ionizing radiation devices (a) keep, or cause or permit to be kept, ionizing radiation G. A Act No. devices of any description for the purpose of its being f Oo 8 of 2023 s. 6 used in the delivery by him of services to which thi n sssi o section applies; or i erm (b) use, lend or let on hire, or cause or permit to buet pused, lent or let on hire, ionizing radiation devicith o w es of any description in the course of the deliveurtey d by him of any such services, unless he is regisistter ibred under this section in respect of that appara d otru s or is exempted from registration under sectionu c2e2 d in respect of mobile ionizing radiation devices ofp rtoh d at description. (2) Every application for registr arebe tion under this section shall be made to the Commission,m sap y ecifying the ionizing radiation devices to which the appliocoa k tion relates, and the nature of the services to which this sheics tbion applies in the course of which the t apparatus is to be urs f t eod, lent or let on hire, and containing such other informatioon p aas the Minister may, by regulation, prescribe. (3) Where .a Nd n application is made to the Commission for registratiosnr vee under this section in respect of any apparatus, the Coms r e t mission may register the applicant in respect of that devi h l crige, either unconditionally or subject to such limitations or l ciao. Anditions as the Commission may see fit, or may refuse the anz application. n f T a (4) Where the Commission has granted an application for t o en the registration of any person under this section in respect ern m of any ionizing radiation device, the Director-General shall v G o furnish him with a certificate containing all material particulars 5 02 of the registration. ©2 Authorisation of 21.–(1) A person shall not provide technical service except technical service providers with the authorisation of the Commission. Act No. (2) A person who intends to provide technical services shall 8 of 2023 s. 7 apply to the Commission in writing for authorisation. 322 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (3) The Commission shall, based on criteria it may set, consider and authorise any of the following technical services: (a) personnel dosimetry services; (b) individual and work place monitoring services; . (c) standard calibration services; OAG (d) environmental monitoring services; n o f (e) radio analytical measurements; io iss (f) repair and maintenance of nuclear equipment; anpde rm (g) any other related services as the Commissiooun t may authorise. ith d w (4) A person who contravenes this sectiobnu t ecommits an offence and on conviction, shall be liable todi sa tr i fine of not less than three million shillings or to impriso r d no ment for a term of not less than five years or to both. ce du (5) The court may, in addition t ro eop the fine or imprisonment, order the forfeiture to the Repu b r belic of any property which has passed in connection with th me a ycommission of the offence. ok [s. 20A] is bo th Exemption from 22.–(1) The Commrits os f ion is hereby exempted from registration registration and licensing under section 19o pi an respect of any mobile ionizing radiation Act No. device of everdy. N description that may come into its possession 8 of 2023 s. 8 or under si e etrsv control in the course of the performance of its functio r tsn s e, under sections 17 and 18 in respect of import, explo rirgt h, transport, transit, use or possession respectively. Al a. i (2) A person or body of persons shall not apply for anz registration or licensing as a person using ionizing radiation if an f T the activities of his undertaking involve the use of- nt o e (a) radioactive substances of a concentration of less than rnme 1 Becquerels per gram for unsealed sources, the limit ov G being increased to 10 Becquerels per gram for sealed 25 sources; ©20 (b) navigation instruments or timepieces containing radioluminescent paint, but not their manufacture or repair except as provided for in paragraph (a); 323 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (c) a device emitting ionizing radiation and containing radioactive substances in amounts lesser than the values specified in paragraph (a), provided that, it- (i) is of a type approved by the Commission; . (ii) possesses advantages in relation to the potential AG O hazard of the ionizing radiation it emits such that, f n o in the opinion of the Commission, justifies its usises i;o and ermp (iii) does not cause at any point situated at a distuat o nce of a tenth of a metre from the accessible su wrifthace of the d device and under normal operatinbgu teconditions, a dose rate exceeding one microsdie i isvtrert per hour. (3) The Minister may, upon the advice odf o t rh e Commission, by order published in the Gazette, grant fdu creu ther exemptions from registration under this Part, by refe r epreonce to such categories of persons, and such descriptions oef r b radioactive substances and ionizing radiation devices, a sm h aye may specify in the order. (4) Except as provid k beo od for under subsection (1), any exemption under this is t hsection may be granted or confirmed subject to such limrit toa f tions or conditions as may be specified by the Minister. o p a . N ed [s. 21] rv se Liability of 23.–(1) e ts Er very licensee to whom this section applies shall be licensee GN. No. resp h l orignsible for ensuring that no radiation emitted as a result of l 281 of 2003 tiah. e A carrying on of his undertaking on his premises, cause any n za harm or injury to any person or damage to any property which Tan f is on the premises or elsewhere subject to subsection (4). nt o e (2) No person other than the licensee to whom this section ern m applies shall be under any liability in respect of any harm to any ov G person or any damage to any property caused by any radiation 02 5 to which subsection (1) applies. ©2 (3) A licensee shall not incur any liability by virtue of subsection (1) in respect of any radiation whose emission, or the causing of any harm to any person or any damage to any property by their emission, is attributable to hostile action in 324 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] the course of civil strike, any armed conflict, including any armed conflict within the United Republic. (4) Whenever a physical or mental disability occurs in a person, and which an approved medical practitioner- . (a) ascribes to radiation exposure, the disability shall be OAG presumed to have resulted from exposure to radiation n o f from a source of strength sufficient to give rise to sucshiois disability; and rm pe (b) ascribes to radiation as well as to other cauosue t s, the following factors shall be considered for p wui trhposes of d establishing the cause of the disability: bu te (i) where the disability is of a natiustd rrie known to be capable of being caused by edit ohrer radiation or any other cause and it appeadr e usc that the person may have been exposed to paroe source of radiation of a strength sufficient t r y b oe have caused the disability, it shall be presummeda that the disability, arose from one or moreb o ookf such exposures if no record of personal tehx is posures have been maintained to a standarrtd o fapproved by the Commission; (ii) wheor pe a the disability is of a nature known to be ceda .p Nable of arising from radiation and from any rv se other possible cause, and there exists a personal e hts r radiation exposure record in respect of that ll r ig person which indicates that there have occurred ia. A in relation to him exposures in excess of the an nz recommended dose limits, it shall be presumed a of T that the disability occurred as a result of that nt e radiation exposure; and ern m (iii) where the disability is of a nature known to be v G o capable of arising from radiation and from any 5 20 2 other possible cause, and there exists a personal © radiation exposure record in respect of that person which has been maintained to a standard approved by the Commission, it shall be presumed that the 325 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] disability did not arise from radiation exposure if the record indicates that the exposures have been within the permissible limits on all possible occasions of exposure. . [s. 22] G f O A o Modification, 24.–(1) Subject to the provisions of this Act, every licencseio n suspension and s revocation of issued under this Part may be modified in its terms, suspen i ermded licence or revoked. p ou t (2) The Minister shall make regulations pro it wvihding for the circumstances and occasions on which a liucte dnce may be modified, suspended or revoked, and for theis tcr iob nsequences of each of those events, and the procedure fo d or the appeal against the decision made under this section, s ed uhcall be the one provided for under section 27(3). rod re p be [s. 23] y ma (c) Provision oos k Relating to Records b Register of users 25.–(1) The Directof rth- iGs eneral shall keep and maintain a and mobile t o devices register in which aalrl records of users shall be kept. Act No. (2) The regiNsot epr kept by the Director-General shall be in 8 of 2023 s. 9 the prescribeed . v form in which he shall enter and maintain such particeres ulars in relation to users as the Commission may r prescrhitbs e. A(l3 ril )g A person intending to use or administer ionizing nriaa . diation shall be required to submit his particulars to the a an z Commission for verification before registering him under this T nt of Act. me (4) The Director-General shall, at least once in every ernv calendar year, publish in the Gazette the particulars as he may 5 G o deem fit in respect of every person whose records are kept in 022 the register. © (5) Where an authorisation granted to any person under this Part permitting him to use ionizing radiation is revoked, the particulars of that person shall be deleted from the register. 326 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (6) The Director-General shall cause to be kept and maintained a register of radiation sources. [s. 24] Register of 26.–(1) The Director-General in collaboration with any AG. qualified experts competent institution shall keep and maintain a register of O of qualified experts operating apparatus, installations and planstssi o n in undertakings owned by a user. mi er (2) As soon as practicable after the Commissiuot p o n has accepted the application of any person for regist rwai thtion as a qualified expert under this section, the Directoru-tGe deneral shall enter in the register in respect of that person ib is tsr uch particulars as the Commission may, by resolution, pr e d osr cribe. (3) The provision of subsection (u2ce) d shall also apply to persons undertaking repairs, maintperon dance and installation of radiation devices, plants, and apbpe areratus. (4) All changes in the particu maylars registered under subsection (2) shall be entered in the oroe k gister by the Director-General. (5) The Director-Genis h ebral may, with the general or specific t approval of the Com f rt omission, rectify any clerical errors in the register or other do op acument containing extracts from the register. d. N [s. 25] rvee Removal or 27.–(1) rThess e Commission may, for the purpose of this Act, variation of ht particulars at an riyg time, remove or vary particulars of any user from the re. gAillster and assign reasons. nia za (2) The Commission may, on cancelling or varying Tan particulars under this section, give notice to that person. f nt o (3) A person aggrieved by the cancellation or variation of e rnm his particulars from the register may within sixty days appeal e ov to the Minister whose decision on the matter shall be final and 25 G 0 conclusive. ©2 [s. 26] Duty to keep 28. Every user shall have the duty to keep records of his practice records in a format prescribed by the Commission. [s. 27] 327 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] PART IV CONTROL OF RADIOACTIVITY IN FOODSTUFFS Standards Act 29. The provisions of this Part shall be read together with the . Cap. 130 Standards Act. OAG [s. 28] of ion iss System for control 30. Save as is provided for under this Act, the Commisersmion of radioactivity in p foodstuffs shall, in consultation with the Tanzania Bureau of Shtoa unt dards and other competent institutions, establish a system t d wd iesignated for the control of radioactivity in foodstuffs. ibu te tr r d is [s. 29] o Requirement 31.–(1) It shall be a requirement unucde der this Part for any for radioactivity analysis manufacturer, importer and exportepro dof food chain and related Act No. commodities specified in relevbea rnet regulations to obtain a 8 of 2023 s. 10 radioactivity analysis certificmaat ye from the Commission before the said food is imported i oon kto the country or exported out of the country or distributtheisd b for human and animal consumption. (2) Notwithstand f rt iong subsection (1), a radioactivity analysis certificate shall no op at be required where a competent authority of an importeind . gN country does not require such certificate. (3) The eCrvs ommission may conduct random inspection and conduc re tst radioactivity analysis in respect of any consignment of f igh ll or od chain and related commodities imported into the c A iao. untry or exported out of the country or distributed for an nz human and animal consumption for the purposes of research, a f T safety, security or for any other purpose it deems necessary. nt o e [s. 30] ern m oAvnalysis for 32.–(1) The system, as established under section 31, shall 5 G2 radioactive 0 materials ensure that exports and imports of foodstuffs are screened or ©2 contamination analysed for radioactive materials contamination imported GN. No. 281 of 2003 into the country or exported or distributed for human and animal consumption. 328 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (2) The Commission shall analyse and issue a radioactivity analysis certificate in respect of every food sample representing the consignment in question. (3) Where the Commission is of the opinion that the food . analysed is not fit for human consumption, due to the detected OAG high levels of radio activities, it shall forward the radioactivity n o f analysis certificate for consideration and final decision to t io ihsse Director-General of the Tanzania Bureau of Standards. ermp (4) All customs and port authorities at all entry oaun t d exit points in collaboration with the Commission and theit w hTanzania d Bureau of Standards, shall bear a responsibbiuli tety to ensure compliance of this Act. i ist r or d d [s. 31] ce du PART V rep ro RADIATION PROTEy bC eTION, PHYSICAL PROTECTION, NUCLEkA a mR SAFETY, RADIOACTIVE WASTE MANAG oo sE bMENT AND EMERGENCY i oPf t hREPAREDNESS art p Duty to ensure 33. It shall be. Nt oh e duty of every user to monitor, measure, safety verify and r d revecord values, parameters and facts with an impact on nucl e erea sr safety, radiation protection, physical protection and eigmh tsergency preparedness, to the extent laid down in the re. gAull rlations made under this Act. ia an [s. 32] an z T Accumulat toio f n of 34.–(1) Subject to the provisions of this Part, with effect from radioac metnive waste the appointed date, no person shall, except in accordance ve rn with an authorisation granted in that behalf under this Go 5 Part, accumulate, with a view to subsequent disposal, any 20 2 © radioactive waste on any premises which are used for purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so accumulated, if he knows or has reasonable grounds for believing it to be radioactive waste. 329 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (2) For the purpose of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, storage or use of that material is accumulated in a part of the premises appropriated . for purposes, and is retained there for a period of three or more OAG months, that substance shall, unless the contrary is proved, be n o f presumed to be- siois (a) radioactive waste; and ermp (b) accumulated on the premises with a viewou t to its subsequent disposal. with ute d b [s. 33] str i i Disposal of 35.–(1) Subject to the provisions of thi sor dPart, as from the radioactive waste appointed day, no person shall, exceptu cien d accordance with an authorisation granted in that behalfp ruo dnder section 36, dispose of any radioactive waste on or freo rm e b any premises which were used for purposes of an un y mdaertaking carried on by him, or cause or permit any radioooa k ctive waste to be so disposed of, if he knows or has reahsiso bnable grounds for believing it to be radioactive waste. of t rt (2) Where anoy p aperson keeps any mobile radiation device for the purpos N d.e of its being used in the provision of services to which sectiorvnese 20 applies, he shall not, on or after the appointed day, dits e sp rose of any radioactive waste arising from any such appa rrig h l atus so kept or cause or permit any such radioactive waste l tiao. Abe disposed of, except in accordance with an authorisation anz granted in that behalf under this Part. an f T (3) Where on or after the appointed day any person, in the t o en course of carrying on an undertaking, receives any radioactive m ern waste for the purpose of its being disposed of, he shall not, ov G except in accordance with an authorisation granted in that 5 02 behalf under this Part, dispose of that waste, or cause or permit ©2 it to be disposed of, knowing or having reasonable grounds for believing it to be radioactive waste. (4) The disposal of any radioactive waste shall not require further authorisation, if it is waste which falls within the 330 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] provisions of an authorisation granted under subsection (1) or (2). [s. 34] Authorisation 36.–(1) The power to grant authorisations under section 34 G. of accumulation A f O and disposal of or 35 in respect of the accumulation or disposal of radioactive o radioactive waste waste on or from any premises used for any undertaking bsyio n s any user shall be exercisable by the Commission. i erm (2) Before granting its authorisation, to which osue t cptions 34 and 35 relate, the Commission shall consul tw i ththe local authorities, water utilisation, river basin or uteo dther public authorities as appear proper. ist rib (3) An authorisation may be granted er id o ther in respect of radioactive waste generally or in respe ed uct of such one or more descriptions of radioactive waste asro dp may be specified in the authorisation and any such aut hrebe orisation may be granted subject to such limitations omra yc onditions as the Commission may impose on granting tohoa k t authorisation. (4) Upon granting ans bhi authorisation, the Director-General t shall- rt o f (a) furnish tho ep a person to whom the authorisation is granted with ad .c Nertificate containing all material particulars of thee arvu e s thorisation; and (b) tsu rn e less, for reasons of national security, it is in the rig h l opinion of the Commission necessary that knowledge A l ia. of the authorisation be restricted, send a copy of n za the certificate to local authority in whose area the an f T radioactive waste is to be disposed of or accumulated, nt o e and to any other public or local authority consulted rnme in relation to the application for the grant of the Gov authorisation. 250 [s. 35] ©2 Revocation or 37.–(1) The Commission may, at any time, either on its own variation of authorisation motion, or on the directions of the Minister, revoke or vary any authorisation granted under this Part and assign reasons. 331 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (2) Upon the revocation or variation of an authorisation, the Commission shall give notice to the person to whom the authorisation was granted, and if a copy of the certificate of authorisation was sent to any local authority, shall send a copy . of the notice to that local authority. AG O [s. 36] n o f io ss Facilities for safe 38.–(1) The Commission shall require the licensee to ob i ertmain management of t p radioactive waste adequate facilities for the safe management of radoiuoactive waste. th w i (2) There shall be established a Central Radiuotea dctive Waste Management Facility known by its acronyimstr i bas “CRWMF” which shall serve as a National Centre o rf dor the collection, characterisation, conditioning, segreg ed uaction and generally the safe management of radioactive wasprtoe ds. (3) Where the Commission pro rpebe oses to arrange for the safe management of radioactive w mayste, at a CRWMF or disposal, it shall, before carrying out suk oo ch undertaking, consult with any local or public authorithyis ibn whose area of jurisdiction the place t would be situated. rt o f (4) The Com a o pmission may, after consultation with the Minister, mak N de. charges for the use of any facilities established under subservcese tion (2). (5) Wre ts here there is radioactive waste on any premises and the h lC rigommission is satisfied that the waste ought to be disposed l oiaf. Abut by reason of the premises being unoccupied, or the za noccupier being absent or insolvent, or for any other reason it is an f T unlikely that the waste will not be lawfully disposed of unless t o en the Commission exercises its powers under this subsection, m ern the Commission may dispose of that radioactive waste as it v 5 G o deems fit. 2 [s. 37] ©20 Dose limits 39. The normal exposure of individuals shall be restricted so that neither the total effective dose nor the total equivalent dose to relevant organs or tissues caused by the possible 332 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] combination of exposures from authorised practices exceeds any relevant dose limit specified in regulations made under this Act. [s. 38] AG. Nuclear safety 40.–(1) Prior to the establishment of a nuclear installation by O and physical of protection any person or body of persons, the Commission shall ensurseio n s Act No. that an appropriate system is put in place to ensure nueclmeir ar 8 of 2023 s. 11 safety and physical protection. ut p o (2) The Commission shall ensure that measu r th d wei s for the prevention and detection of, and response to incuitedents of- (a) theft; ist rib (b) unauthorised acquisition; r d o (c) illicit trafficking; or d uc e (d) sabotage of related facilities,pro d in nuclear and other radioactivebe m reaterial are in place. ay m [s. 39] ok Licensee’s liability 41. The Minister shall, aft beois r consultation with the Commission, make and publish re gofu thlations in the Gazette requiring persons t or categories of u r psaers to make provisions either by insurance or by such ot No dh. er means as may be specified, for purposes of making avearvi elable at all times funds sufficient to cover any claims wrehss ich may be established against those persons as licenisgeh t r e, in respect of any injury to any person or damage to an. Ay ll property caused by radiation emanating from the activities noiaza f their undertakings. n Ta [s. 40] of nt Radinomlo egical 42.–(1) The Director-General upon consultation with the evmeerrgency opreparedness Board, shall make and publish in the Gazette rules relating 5 G2 to emergency preparedness and, in particular, the procedure ©20 and manner of dealing with the accidents involving radiation sources or in connection with the use of sources in any premises or an occurrence of any such class or description as may be prescribed. 333 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (2) Without prejudice to the generality of the power conferred by subsection (1), the rules may include provisions regarding- (a) the reporting and the procedure for the reporting the . occurrence; OAG (b) the person or persons to whom the report is to be of n made; siois (c) consequences on any person of not reportinpge rmthe occurrence; ou t (d) the inspection of the premises where the o th w iccurrence d had happened; and uteb (e) matters connected with legal procdeise trdi ings resulting from such occurrences. d o r (3) Every authorised person shalld un coe tify the Commission and any relevant intervening insteipt ruo tions promptly when a situation requiring protective a cbtei ron has arisen or is expected to arise and shall keep them y min aformed of- (a) the situation as itb od okevelops and how it is expected to develop; is th (b) the measurerts o ftaken for the protection of workers and memberso op af the public; and (c) the eexdp . Nosure that has been incurred and that are expseer vcted to be incurred. e (4) R r htse ports of occurrences of the nature to be provided for in the llr rui gles shall, except where the Director-General considers it ian. i Athe interests of national security to restrict their publication, n nz a be made public in such manner and at such times as he may Ta of prescribe. nt e [s. 41] m ve rn G oLiability of 43. For purposes of this Act, any department of Government, 25 public authorities 0 in respect of public or statutory corporation, board, local government ©2 radiation sources authority or other public authority, which for purposes of and installations furthering its functions uses or is required to use radiation shall comply with the provisions of this Act in the same manner and to the same extent as any other person using radiation and the 334 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] heads of those institutions shall be held responsible for non- compliance. [s. 42] . PART VI AG O CONTROL OF RADIATION EXPOSURE FROM of ion NATURAL miss r ut pe SOURCES ith o d we Mining Act 44. The provisions of this Part shall be read torigb uetther with the Cap. 123 Mining Act and the regulations made thereuinstr d der. ed o [s. 43] du c System for 45. The Commission shall establishe pa r osystem designated for the control of r natural radiation determination and control of r baediation exposures associated exposure with naturally occurring raay m dioactive materials including mining activities and probcoe osksing of radioactive ores. is th [s. 44] rt o f Guidance 46. The system eos pt aablished under section 45 shall ensure that- levels and measurements of (a) guidand.e c Ne levels for the evaluation of natural radiation natural sources expseor vsure of people are established and enforced; and Act No. e 8 of 2023 s. 12 (b) hts s yr stematic measurements and evaluation of the content ll r ig of natural radionuclides in all environments with A ia. natural sources are made and the related risk assessed an nz to enable intervention levels. Ta f (c) protective actions to reduce existing or unregulated t o en radiation risks are taken by taking into account the ern m principles of justification and optimisation. ov [s. 45] 5 G 20 2 © Power to enter 47.–(1) The Commission shall have power to enter, assess and assess radiation hazards radiation hazards and establish a monitoring programme in mines, radioactive ores, processing plants and any other activities involving naturally occurring radioactive materials. 335 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (2) In exercising its powers under subsection (1), the Commission shall specify procedures for radiation safety of workers and proper disposal of wastes. [s. 46] AG. Management of 48. Where natural sources are intentionally and consciously of O natural sources utilised, including mining and processing of uranium orseio n s subject to any written laws, their management shall be sub i ermject to the provisions of this Act to the same extent as that otf pou other ionizing radiation sources. ith d w ibu te [s. 47] r ist PART VII or d d THE CONTROL OF DEVICEuSced PRODUCING proe NON-IONIZING be Rr ADIATION y k m a Authorisation 49. The Commission bsoh oall, in consultation with other of non-ionizing radiation sources competent bodies, est tahb is lish a system for authorisation of the use of plants, appara otfrt us and devices, which emit non-ionizing radiation above ole pv aels prescribed in the regulations. . N rve d [s. 48] se Inspection and 50. The r ts C e ommission shall be responsible for inspection and surveillance surveigihl r llance of all activities involving the use or emission of n A l iao. n-ionizing radiation and shall- n za (a) provide safety instructions and guidance to investigators Tan f and users of equipment capable of emitting non- nt o e ionizing radiation; ern m (b) provide feedback in the form of survey or audit reports ov G to users to facilitate the use of correct procedures in the 5 02 use of non-ionizing radiation sources; and ©2 (c) take enforcement measures to ensure the safe use of non-ionizing radiation sources. [s. 49] 336 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] Handling of 51. All sources of non-ionizing radiation shall be handled in sources of non- ionizing radiation accordance with the provisions of this Act and the regulations made under it. [s. 50] AG. PART VIII f O o on THE PROMOTION OF ATOMIC ENERGY AND iss i m NUCLEAR pe r ou t with TECHNOLOGY ute d trib Promotion of 52. It shall be the responsibility of the Comdmisr ission to design atomic energy and nuclear and maintain a system aimed at ensurdi noe g an effective and technology proper promotion of safe and peaceodf ucl utilisation of atomic energy and nuclear technology in rteh pre United Republic. y b e [s. 51] m a Allocation of 53.–(1) For the purpose ookbo f this Part, the Commission shall resources allocate its resources ithnis such a manner as to secure efficient atomic energy andrt o f a nuclear technology utilisation and the greatest possiblNeo b penefits to the general public. (2) The Ceodm . mission may enter into partnership with any institutionse v e or r organisation inside and outside Tanzania on the develohptsm r ent and practical application of atomic energy and nuclll rei gar technology for peaceful purposes. A nia . (3) The Commission shall make arrangements to secure nz a the necessary financing from sources within or outside the Ta of country or solicit and arrange for the supplying of any material t en services, equipment, and facilities to any institution or agency ern m v for research, development or practical utilisation of atomic 5 G o energy and nuclear technology, and that it may set forth the 022 terms and conditions, on which any of these resources may be © disbursed, distributed or given to such institutes or agencies. [s. 52] 337 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] Approval of 54. Any person or body of persons, wishing to carry out an projects for utilisation of undertaking or project involving research, development and atomic energy peaceful utilisation of atomic energy and nuclear technology with own resources or assistance from within or outside the . United Republic, shall submit to the Commission, with project G OA plans and relevant agreements, an application for approval to of n do so, and that in considering such approval the Commissio io issn shall take into account how radiation protection, nuclear psea rmfety and radioactive waste management issues have been ad t oudressed in the project plans. with ted bu [s. 53] ist ri Transfer 55. In order to ensure the efficient and effectir vdo e co-ordination of of nuclear technology the transfer of nuclear technology andu cteh de peaceful utilisation of atomic energy, the Commission pmro day as soon as practicable establish or acquire the followinbge: re (a) plants, equipment and fya ma cilities for the receipt, storage and issue or tran k osoportation of radiation sources or radioactive mate b thi sr ials; (b) adequate heaoltf rt h and safety measures; and (c) control l a oa bp oratories for the analysis and verification of safedt. y N in the various radiation practices of atomic enseerrg vey utilisation undertakings. re hts [s. 54] rig Establishment 56. A. llWhere the Commission in consultation with the Minister designation of nia institutes or za considers that the United Republic interest requires that it is agencies n Ta necessary that the development of atomic energy in the United of nt Republic be fully and effectively utilised, it shall recommend e rnm to relevant ministry or ministries to establish through an Act veo of Parliament or designate national institutes or agencies for G 02 5 efficient research, development and practical application of ©2 atomic energy and nuclear technology in undertakings such as nuclear power, food irradiation and the like. [s. 55] 338 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] PART IX THE OPERATIONS OF THE COMMISSION RELATING TO G. RADIATION PROTECTION SERVICES A of O ion Radiation 57.–(1) For purposes of establishing, maintaining anissd protection m services operating radiation protection services, the Commissiotn p esrhall GN. No. establish a system which will facilitate the- u 281 of 2003 ith o (a) determination of the extent of exposuree dt ow radiation of the public generally and, in particurilba urt of radiation workers, patients, students, personistr d s employed in research and teaching establishmede onts and in hospital and dental surgeries, and asseduo scs the risk of disability ascribable to such exposu r r rep, subject to the provisions of this Act; y b e (b) examination, if deem a k med necessary by radiation safety inspector of all p oo s rbemises in respect of which a licence to install or fu ths ie apparatus emitting radiation is in force and aalrlt o p places in respect of which authorisations have bee . Nno granted for the accumulation or disposal of radirovea dctive waste; (c) c roer serect and accurate appraisal of the extent of radiation htsig exposures in the country; A(ll d r ) proper collection and dissemination of information ia. an and advice to the public, and to licensees in particular, z an regarding measures necessary or desirable to be taken of T t to reduce exposure to acceptable or prescribed limits; enm (e) effective and efficient operation of a national emergency ern ov response and preparedness programme which is linked 25 G to the international conventions on early notification in 0 ©2 case of a nuclear accident or radiological emergency and that on request for assistance in case of a radiological emergency or any other relevant convention to which the United Republic is a party; 339 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (f) operation of a national coordinated radioactive waste management programme; and (g) radiation safety and quality control of radiation devices and premises through inspections and quality . assurance checks. AG O (2) In addition to the provisions of subsection (1), the of n Commission shall make arrangements to facilitate tihsse io establishment and maintenance of personnel rad r piaetmion dosimetry services by providing- ut o (a) personal radiation measuring devices to b ith d w e worn by individuals occupationally exposed to raudteb iation; (b) a reporting system for the maintenantridis ce of adequate records of personal radiation expdo os ru re measurements, making it possible for it to rep e duo crt to the Commission and to licensees at suitable ienpt roervals on the information contained in the records ;b ea rnd (c) early or efficacious waary m nings to individuals who have been or are likely bt o ko be subject to overexposure. (3) The Commisstihois n shall designate or establish and maintain a Nationrta ol f Calibration Laboratory for Radiation Dosimetry for pu prao poses of- (a) ensurein . gNd that national dosimetry measurements are linskeer vd to the existing and approved international re htsm easurement system; (llb ri) g performing standard calibration of radiation survey A ia. instruments employed in individual or area monitoring n nz a programmes; and f T a o (c) providing training in radiation measurements. t en (4) Every licensee shall be required to- m ern (a) make available an adequate number of survey ov G instruments for area monitoring at radiation work 5 20 2 place; and © (b) send the radiation survey instruments to an approved dosimetry laboratory at least once a year and every after its maintenance or repair for calibration. 340 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (5) The radiation protection services provided for under this Part may be rendered upon payment of fees to the Commission. [s. 56] G. A Appointment 58.–(1) Every user shall, after consultation with the Director- of O and duties of radiation safety General, appoint a qualified expert employed by him to be saio n s officers radiation safety officer in relation to his undertaking. mi er (2) For purposes of this section, where an undoeur tt paking consists of activities carried on in two or morweith different premises, and the carrying on of the activities in steudu ch premises involves the use of ionizing radiation, there shtraibis ll be appointed a radiation safety officer in respect of each o rs duch premises. (3) It shall be the duty of every raedduc iation safety officer appointed under this section to- pro d (a) advise the user appointinbge hreim in all matters pertaining to the protection of w y maorkers, patients, the public and the environment fr km oo radiation; (b) advise the user rse bhi garding formulation, the observance t and enforce f rtm o ent of local rules for the protection of workers, op pa atients, the public and the environment from ionizind.g N radiation; (c) adsveirs vee and liaise with the Commission regarding the tsi mr e plementation of radiation protection measures at his rig h l workplace; and Al ia. (d) assist the Commission in the enforcement of the za n provisions of this Act in relation to the undertaking in n f T a respect of which he is appointed. o en t [s. 57] ern m oPvowers of 59.–(1) Every radiation safety inspector, in the exercise of his 25 Gradiation safety 0 duties under this Act, shall have power to- ©2 inspectors Act No. (a) make such examination and inquiries as may be 8 of 2023 s. 13 necessary to ascertain that the provisions of this Act are being complied with; 341 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (b) examine, either alone or in the company of any other person or a police officer, any person with respect to any matter connected with the enforcement of this Act, or require such person to be so examined; . (c) take or confiscate any device or document or anything AG O relating to radiation safety inspection for the purpose of n of establishing evidence against any contravention isosf io the provisions of this Act; and pe rm (d) do such other act or thing necessary, expedoui te nt or desirable for the effective carrying into weithffect the d provisions of this Act. uteb (2) Every radiation safety inspector shaldlis tbriear an identity card issued and signed by the Direc d too r r-General of the Commission for the purpose of autdhu ceenticating him in the course of his duties as an Inspector. ro e r ep y b [s. 58] ma Right to enter and 60.–(1) Subject to the pro k inspect ovoisions of this Act, and of any other written law, a radiatiohns bi safety inspector or other authorised t officer in the coursret oo f f his duties shall have the right to enter any premises, veoh p aicle, vessel or aircraft or anything to verify that all legal rde. q Nuirements are being complied with and upon such entrys,e rr veequire the production of any licence or certificate authoritss ir eng the use, possession, installation or transportation of a h l nrigy source or sources concerned, and has the right to l s A iac. rutinise any register, notice, book or any document kept or anz required to be kept by the licensee in pursuance of this Act or n f T a any regulations, rules, directions or other provisions made or t o en issued under it. ern m (2) Every owner or occupier, and every agent or employee ov G of the owner or occupier of any premises, vehicle, vessel or 5 02 aircraft in or on which there is any source installed or waste ©2 accumulated, disposed of or being transported or abandoned shall upon demand by a radiation safety inspector in accordance with the provisions of this Act, furnish the means required 342 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] or necessary to facilitate the entry, inspection, examination, inquiry, the taking of samples and any other act. [s. 59] . Confidentiality 61.–(1) Every Board member, member of the Committee, G and custody of A information radiation safety inspector, every employee of the Commission, O of authorised officer and the Director-General, shall treat asio nss confidential the source of any information which comeersm ito his knowledge in the course of the performance of hiosu td puties, and which is of a type ordinarily considered as being t w ishubject to professional, commercial, trade or industrial securte dcy. (2) The provisions of this section shall reismtr ibain in force in respect of all persons to whom they rel d oar te whether or not any such person has ceased to be engaugcee dd or employed in the furtherance of the administration opf roth d e provisions of this Act. e r e b [s. 60] may PokA RT X bo FINANCIAL RESOs th iURCES OF THE COMMISSION rt o f Funds of 62. The funds ano dp a resources of the Commission shall consist Commission of the follow . N rve ind g: (a) sucseh sums as may be appropriated by Parliament; re(b) htsuch sums accruing to the Commission by way of fees rigll or other payments charged in respect of any services a. A i rendered by the Commission; za n n (c) such sums accruing to the Commission by way of a of T donations, grants, bequests or loans as the Commission en t may receive from any person, organisation or ern m institution; ov G (d) such other sums or property which may vest in the 25 20 Commission under this Act or any other written law © or which may vest in the Commission in any other manner in the performance of its functions. [s. 61] 343 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] Management and 63.–(1) Funds of the Commission shall be managed and control of funds controlled by the Board which shall for that purpose be answerable to the Minister, subject to subsection (3). (2) The funds shall be applied to meet the expenses of the . Commission. G f O A (3) The Minister may issue directives in writing regulating n o the use of the funds, and shall, after consultation with t io ihsse Minister for finance, make rules providing for the managepme rment of the funds and for the audit of the accounts of the fuonu td s. ith w [s. 62] tedu Annual and 64.–(1) Not less than two months before thei sbtre ibginning of any supplementary budgets financial year the Board shall at its first o rm d eeting especially convened for that purpose, pass a deta d uc eiled annual budget of the amounts respectively- pro d (a) expected to be received; aen rb de (b) expected to be disburasye m d by the Commission during the financial year. ok o (2) Where in any finhaisn bcial year the Commission requires to t make any disbursemrt oe f nt not provided for in the annual budget for the year, theo Bp aoard shall meet and pass a supplementary budget detaili N dn. g the disbursements. (3) These ra vennual budget and every supplementary budget shall be e ts rin such a form and manner and shall include such detal iilgs h r as the Minister may approve. l A ia. (4) Forthwith upon the passing of the annual budget or any za nsupplementary budget, the Board shall submit to the Minister an of T the budget for his approval. t en (5) The Minister shall, upon the receipt of the annual budget rnme or supplementary budget, approve or disapprove it or approve v G o it subject to such amendments as he may consider fit. 250 (6) Where the Minister has approved any annual budget ©2 or supplementary budget, the budget as approved by him, whether with or without amendment, shall be binding on the Commission which, subject to the provisions of subsection (2) shall confine its disbursement within the items and amounts 344 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] contained in the applicable estimates as approved by the Minister. (7) The Board may- (a) with the sanction in writing of the Minister make disbursement notwithstanding that the disbursement AG. O is not provided for in any budget; f n o (b) adjust expenditure limits to take account isosf io circumstances not reasonably foreseeable at thep et rimme the budget was prepared, subject to submoiut tt ing a supplementary budget to the Minister w wiitthhin two d months of the alteration of expenditure limuteb its becoming necessary. ri ist or d d [s. 63] e uc Powers to invest 65. With the prior approval of thepr oM d inister in consultation with the Minister for finance, bteh ree Commission may invest part of the monies availablem ain y accordance with the Trustee Cap. 53 Investments Act. ok bois [s. 64] of th t Powers to borrow 66. With the prio pra rapproval of the Minister, the Commission may, from tim. eN o d to time, borrow monies for purposes of the Commissioernv e by way of borrow, loan or overdraft, and upon such se s s cr eurity and such terms and conditions relating to repa rymhtig ent of the principal and payment of interest, subject to Aall. ny such direction by the Minister and as the Commission n za mia ay consider fit. n f T a [s. 65] o en t Acconumnts and 67.–(1) The Commission shall cause to be provided and kept avued rit o proper books of accounts and record with respect to- 25 G (a) the assets and liabilities of the Commission; 20© (b) the receipt and expenditure of monies by, and other financial transactions of the Commission, and shall cause to be made out for every financial year a balance sheet and a statement showing details of the income 345 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] and expenditure of the Commission and all its assets and liabilities. (2) Not later than six months after the close of every financial year, the accounts including the balance sheet of the . Commission in respect of that financial year shall be audited OAG by any auditors or audit firms appointed by the Board for that f n o purpose. iss io (3) Every audited balance sheet shall be placed befpoe rme a meeting of the Board for adoption and endorsement. ut ith o w [s. 66] ted bu Annual statement 68. The Commission shall within six monthsis tar ifter the close of on accounts and r d submission of the financial year, cause to be prepared a no d submitted to the report to Minister Minister a report detailing the activitieucse a dnd operations of the Commission during that year and apcroc dompanied by- (a) a copy of the audited accbou ree nts of the Commission; (b) a copy of the auditor’sm ra ye port on the accounts; and (c) such other informaoot kio n as the Minister may direct. is b h [s. 67] of t t Annual statement 69. The Minister psah rall, as soon as practicable, and in any case and report to not later than twNo be laid before d. elve months after the close of a financial year, National lay before thrvee National Assembly the following documents in Assembly serelations tr eo that financial year: (a t ri)g h a copy of the audited statement of accounts of the . A ll Commission; nia za (b) a copy of the auditor’s report; and Tan (c) a copy of the implementation report by the Commission. f t o [s. 68] men rn ve PART XI G o 02 5 2 MISCELLANEOUS PROVISIONS © Fees and charges 70. For the purpose of the better performance and furtherance of its objects under this Act, and whenever it deems necessary or expedient to do so, the Commission through the Minister 346 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] in consultation with the Minister responsible for finance, may impose any fees or charges not specified in this Act to any licensee or such other person for any service rendered to or to be rendered by the Commission. . [s. 69] AG of O Regulations 71.–(1) The Minister may, on his own motion or upossni o n the recommendation or advice by the Commission, uerpmoi n consultation with other relevant authorities or inst t p oituutions, make regulations for the better carrying out of the obithw jects and provisions of this Act. ute d (2) Without prejudice to the generality of thet pribis ower conferred by subsection (1), the Minister may make orre dgulations- (a) providing for the conduct oufc e dthe business of the Commission subject to the optroh der provisions of this Act; (b) prescribing forms, certibfie creates, procedures, fees and other matters in rela y mtiaon to licences, registration and authorisations proovoi kd ed for under this Act; (c) limiting the u b hsise of radioactive materials, devices t or equipmernt ot f emitting dangerous radiation for any specifiedo p pu arpose including the use for medical, dental or surg N d.i cal purposes; (d) resterrv e s icting exposure to radiation in the lowest possible re tsl evel; ( gh le ri) determining the highest permissible doses; . A l ia (f) determining the highest permissible concentration of n za radioactive materials; an f T (g) designating any areas as controlled areas for purposes nt o e of this Act, and provide for the labeling of such areas ern m and radioactive materials; v G o (h) requiring and providing a system for informing workers 250 and the public on the dangers capable of resulting from ©2 radiation and on the necessary safety precautions; (i) providing for special medical check-ups of workers before and after commencing their occupation and in definite time intervals; 347 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (j) providing for the control and regulation of the purchase, sale, handling, transport and transfer of radiation devices or radioactive materials; (k) providing for the proper management, control and . administration of the radiation protection services; OAG (l) providing for the formulation and establishment of n of a code of practice for both ionizing and noinss- io ionizing radiation; professional conduct for quapeli rfimed experts and persons engaged in the operationou, t repair and maintenance of radiation devices, a ndithw nuclear d installations; uteb (m) providing for the formulation andd ise trsitablishment of codes of practice for both ionizinogr d and non-ionizing radiation; uc e d (n) providing for the control ofe pr raodioactivity in foodstuffs, animal feeds and the env bier or nment; (o) requiring and pro viadym ing a system for effective promotion, safe a k bon o d peaceful utilisation of atomic energy and nuc thl iesar technology; (p) providing f rt ofor emergency response, medical, occupatioo np aal, and public exposures; (q) provi . N edding for any other matter which, in the opinion of tehrvs e Minister, it is necessary that it be provided for so sa r e ht s to ensure the efficient performance of the functions ll r ig of the Commission and, the furtherance of the objects A nia . and provisions of this Act. a nz (3) Regulations made under this section shall be published Ta of in the Gazette. en t [s. 70] ern m Go Pvrotection of 72. No matter or thing done by any member of the Board or 25 members of 0 Board and officers any officer of the Commission shall, if done bona fide, in the ©2 of Commission execution or purported execution of the functions conferred upon such member or officer by this Act or by regulations made hereunder, render such member or officer personally liable for such matter or thing. [s. 71] 348 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] Offences 73.–(1) Any person who knowingly and wilfully destroys, Act No. 8 of 2023 s. 14 damages or interferes in any way with any equipment, device, instrument, plant or installation or any part of it, which is a source of radiation in such a manner as to cause . the uncontrolled or unregulated emission of radiation which AG O causes injury or damage, loss of limb or any part or parts of n o f the body or property of any person or loss of life, commits ia io ssn offence and on conviction shall be liable to a fine of nopte rmless than five million shillings or to imprisonment for a termou t of not less than five years or to both. ith d w (2) Any person who knowingly, wilfully anbdu te without any reasonable excuse- ri dis t (a) fails or refuses to produce adn oyr register, licence, certificate, notice or other do ce dcuument required of him by a radiation safety inspecptre oor in the performance of his functions under this bAe cr t; (b) in any other manne ay mr obstructs any radiation safety inspector to the ookbo wner, occupier or other person responsible for t ht ihs e management of any source; (c) conceals, pre f rt voents or attempts to prevent a person from appearinog p abefore or being examined by a radiation safetye di .n Nspector; (d) in ears nv y other manner, obstructs any radiation safety re htsi nspector in the course of performing functions under l ri g l this Act; or A ia. (e) contravenes, fails or refuses to comply with any other an nz provision of this Act in relation to which contravention, a of T failure or refusal no specific penalty is provided, nt e commits an offence and on conviction shall be liable to a fine rnme of not less than one million shillings or to imprisonment for a v G o term of not less than twelve months or to both. 25 20 (3) Where any person is convicted of an offence under this © Act, the court convicting him may, in any appropriate case, in addition to any penalty that is imposed, make an order for the forfeiture, impounding, destruction, incapacitation, sealing or disposal in any other manner of any radioactive material, 349 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] apparatus, substance or article in respect of which the offence in question may have been committed. [s. 72] Compounding of 74.–(1) Notwithstanding the provisions of this Act relating G. offences A Act No. to penalties, where a person admits in writing that he has O n o f 8 of 2023 s. 15 committed an offence under this Act, the Director-General o io ssr a person authorised by him in writing may, at any time perrmiior to the commencement of the proceedings by a court oouf t ppay a sum of money not exceeding two thirds of the amoiuth w nt of the fine to which such person would otherwise haveu tbe deen liable to pay if he had been convicted of such offence. ib ist r (2) Where the person fails to comply wi tohr d the compounding order issued under this section withinu cteh de prescribed period, the Director-General or a person a d purothorised by him may, in addition to the sum ordered, rbee qreuire the person to pay an interest at the rate prescribedm ian y the regulations. (3) Where the person ofoa ki ls to comply with subsection (2), the Director-General hm b is ay enforce the compounding order t and interest accrue f rdt o thereof in the same manner as a decree of court. o p a (4) The mo. nNd eys charged under this section shall, unless otherwise rv s edireected by the Minister responsible for finance, be paid inttso r e the Consolidated Fund. (l5 ri)g hThe Director-General shall submit quarterly reports of a Al ial.l compounded offences under this section to the Director of za nPublic Prosecutions. n f T a (6) The forms and manner of compounding of offences t o en shall be as prescribed in the regulations made under this Act. ern m [s. 72A] ov 25 G 0 Evidence in legal 75.–(1) In any proceeding for an offence or a suit claiming ©2 proceedings damages arising from or under this Act, without prejudice to any requirement to comply with any special condition included in the licence, certificate, authorisation or regulations, any evidence that the holder of a licence, certificate or authorisation has complied with the radiation safety standards 350 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] or recommendations or radiation exposure limits published by the International Atomic Energy Agency or by the International Commission on Radiological Protection and the International Radiation Protection Association shall be prima facie evidence . that, the holder of such licence, certificate, or authorisation has AG O complied with radiation safety standards with respect to the n o f requirements of this Act. iss io (2) Any authenticated records of exposure measuremerp emnts maintained in accordance with the provisions of this Aocu tt shall, unless the contrary is proved, be accepted by any coiuth w rt of law d before which proceedings arising from this Actb aur tee conducted, as evidence establishing causes of disability. str i or di d [s. 73] ce du PART XIIro re p CONSEQUENTIAL AN bey D TRANSITIONAL PRO a k Vm ISIONS o bo Savings 76. Save as other is fw thise stated, all orders, regulations, Act No. 5 of 1983 authorisations or aprtr oohibitions, contracts or any transactions issued or made o N u pnder the provisions of the Protection from Radiation A d. rvcet, shall, upon the commencement of this Act, be considerreeds e as having been issued or made under the provisions of thish tg As ct, and shall have the same effect. ll r i A [s. 74] ia.n Transfer of assetnsz a 77. All properties, rights, obligations, liabilities and assets and liabilitie sTa Act No. of owned by the former Commission by virtue of the provisions t 5 of 198e3n of the Protection from Radiation Act shall, on coming into ern m v operation of this Act, vest in the Commission established 5 G o under this Act. 022 [s. 75] © Transfer of staff 78.–(1) An employee or appointee of the former Commission and rights Act No. established under the Protection from Radiation Act shall, 5 of 1983 on the coming into operation of this Act, so far as may be practicable continue as an employee of the Commission in 351 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] a post comparable to that which the employee held with the former Commission. (2) This section shall not operate so as to prevent an employee or appointee of the former Commission from . resigning or being terminated. OAG (3) The terms and conditions of employment or of n appointment of any employee or appointee transferred fro io misms the former Commission to the Commission shall not bpee r less favourable than those enjoyed by that employee or apoup t ointee immediately prior to the date on which the transfer w wi thas made, d and that the terminal benefits of the employebeu teor appointee shall accrue from the date of employment odris traippointment by the Commission. or ce d du [s. 76] pro Outstanding 79.–(1) The former Commissiboen re shall pay all outstanding remunerations remunerations including previoy ma us social security contributions to its employees or appointke oo es who have not been transferred to the Commission. his b t (2) The service ro f t of any employee or appointee transferred from the formeor p aCommission to the Commission shall be deemed to bed .c Nontinuous for the entire period from the date of the comermv e s encement of employment or appointment with the Com rets mission and where such employee or appointee wasl riga h member of any statutory, voluntary pension or l oiat. h Aer superannuating social security benefits scheme, the n za Commission shall contribute to such scheme accordingly. n f T a (3) Where an employee or appointee of the former nt o e Commission is not transferred to the Commission, his services m ern with the former Commission shall be terminated and where ov G such employee or appointee is a member of any statutory, 5 02 voluntary pension or other superannuating social security ©2 benefits scheme such employee or appointee shall be paid terminal benefits in accordance with the laws and regulations governing such schemes immediately before such termination. [s. 77] 352 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] Exemption from 80. The Commission, after consultation with the Minister taxation responsible for finance shall be exempted from the payment of income tax, stamp duty and any other direct taxation as the Minister responsible for finance may, by order published in the . Gazette, prescribe. G OA [s. 78] of n ss io Repeal 81. [Repeals the Protection from Radiation Act, 1983] i rm Act No. e t p 5 of 1983 ou [s. 79] ith ed w SCHEDULE t trib u is (Made under section 5(2 o)r )d d PROVISIONS RELATING TO THEuc eBOARD OF THE COMMISSIOproN d re Constitution 1.–(1) The Board of the Commissio bne shall consist of fifteen members of Board of as follows: ay Directors (a) a Chairman, who shoakl lm be appointed as such by the President; (b) the Director Geisn beoral of the Commission for Science and Technology; f th (c) the Directaortr o of Science and Technology in the Ministry responsiob ple for science and technology; (d) a LawN d. Officer appointed by the Attorney General on his behaelf; (e) tshe rv re e Director of diagnostic services in the Ministry responsible ts h for Health- Mainland Tanzania; ig ll r (f) two representatives at a Directors’ level or above in the . Aa Ministries responsible for health and agriculture – Tanzania nia Zanzibar; nza (g) a senior military officer who is an expert in atomic energy f T o matters or the related field from the Tanzania Peoples nte Defence Forces; rnm (h) a representative at a Directors’ level or above in the Ministry veo responsible for energy and minerals; 5 G (i) a representative at a Directors’ level or above in the Ministry 2 20 responsible for agriculture and livestock development; © (j) three representatives from civil society appointed by the Minister, two of whom shall be from Tanzania Zanzibar; (k) any other two members appointed by the Minister from amongst the following: (i) Executive Director of Ocean Road Cancer Institute; 353 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (ii) the Director responsible for Industries in the Ministry responsible for industries and trade; (iii) the Director responsible for International Co-opera- tion in the Ministry of Foreign Affairs and East African Cooperation; . (iv) a representative at the level of a senior lecturer or above AG and who is an expert in atomic energy matters from of O Universities; ion (v) any other person considered competent in atomisisc energy matters. rm pe (2) In making appointments of members of the Board the oMu t inister, shall ensure that he appoints persons who, in his opinionith, have the necessary qualification or experience to enable them to w e dmake a useful contribution to the deliberations of the Commission a u rinbdt to the effectual performance of its functions. dis t r Vice-chairman 2.–(1) The members shall elect one of their numdb oe er to be the Vice-Chair- man who shall subject to his continuing to dbue c a member, hold office for a term of one year, but shall be eligible feopr ro re-election. (2) The Minister when appointine gr members of the Board shall amongst other things consider anda yt abke into account gender balance. m Tenure of office of 3.–(1) A member appointed unokd er subparagraph (1) of paragraph 1 to members this Schedule- o is b (a) shall, unless hf tihs appointment is sooner terminated by the Minister, orrt hoa e ceases tenure of office in any other way to be membero, phold office for a period of three years but shall be eligibl.e Nd for reappointment; (b) mearvy e, at any time, resign from his office by giving notice in rew s riting addressed to the Minister, and from the date specified hts in the notice or, if no date is so specified from the date of ig ll r receipt of the notice by the Minister, he shall cease to be a . A Member; an ia (c) the office of a member who is absent without any reasonable z an cause from three consecutive meetings of the Board shall, of T notwithstanding any representations, become vacant; and nte (d) in the event that a member other than a member from a civil rnm society is unable to attend meeting an alternate member duly ov e endorsed by him may attend the meeting on his behalf. 25 G (2) Where the office of a member becomes vacant pursuant to 20 paragraph 3(1)(a) or (c) or by reason of incapacitation or death, the © Minister shall, acting in consultation with the Board appoint a person to fill the vacancy that is created. Appointment 4. When any member of the Board, other than the Director-General of temporary is, by reason of absence from the United Republic or illness or other member sufficient cause, unable to perform his duties as a member of the Board, 354 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] the appointing authority may appoint a temporary member in his place, and the temporary member shall hold office until he comes back or when the term of the office of the substantive member expires, which- ever occurs first. Meetings of 5.–(1) The Board shall ordinarily meet at such times and places as it G. Board deems necessary for the transaction of its business, but shall meet at O A least once in every three months. n o f (2) The Chairman, or in his absence the Vice-Chairman, may at an io ssy time call an extraordinary meeting of the Board, and shall call surmchi a meeting upon a written request by majority of members in officte p. e (3) The Chairman, or in his absence the Vice-Chair u tmhoan, shall preside at every meeting of the Board and in the absence w iof both the Chairman and the Vice-Chairman, the members presueten dt shall elect a member from amongst themselves to preside over tshtri eib meeting. d Quorum 6. The quorum at any meeting of the Board shadllo b r e half of all the mem- bers in office. ce du Decisions of 7.–(1) Without prejudice to subparagraepph ro (2), a question proposed at a Board meeting of the Board shall be decidede rby consensus, or where there is no consensus by a majority of the b avyotes of members present and voting and in the event of an equality ko fm votes then the person presiding shall have a casting vote in additionoob to his deliberative vote. (2) The Board may dethcii sd e without a meeting by circulation of the relevant Board paperst aomf ong the members and the expression of the views of the membe r pras in writing, but any member may require that the decision be defer o rNed and the subject matter be considered at a meeting of the Board. d. rve Minutes of 8.–(1) There Bs eoard shall cause to be recorded and kept details of all busi- meetings ness cohntsd ucted or transacted at its meetings, and the minutes of each meellt ri ingg of the Board shall be signed by the person presiding at that m A a. eeting. an i (2) Any minutes purporting to be signed by the person presiding at z an a meeting of the Board shall, in the absence of proof of error, be deemed of T to be a correct record of the meeting whose minutes they purport to be. nt Vacanmcey not 9. The validity of any act or proceeding of the Board shall not be affected to einrnvalidate v by any vacancy among its members whose minutes they purport to be. Goproceedings 25 0 Board to 10. Subject to the provisions of this Schedule, the Board may regulate ©2 regulate its own its own proceedings. proceedings 355 THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] Remunerations 11. Members of the Board shall be entitled to such remunerations, fees and allowances or allowances for their services and the Commission may from time to time prescribe such remunerations, fees and allowances payable to members subject to approval by the Minister. Official seal 12.–(1) There shall be an official seal of the Commission. G. (2) The application of the official seal of the Commission shall be A O authenticated by two signatories as follows: ofn (a) the Chairman of the Board or some other member of tshse io Board other than the Director-General authorised byrm tihe Board on that behalf; and t p e (b) the Director-General or some other employeeo uth of the Commission permitted by the Board to act for twh i at purpose in place of the Director-General. d ute (3) Any instrument or contract which is execute ri isdt o br entered into by a person other than body corporate, shall not ber rdequired to be under seal, may be executed or entered into on behaeldf oof the Commission by the Director-General or any member of thdeu cBoard if that member has previously been authorised, either specifipcraolly or generally by resolution of the Board, to execute or enter inet or e that particular instrument or contract or that class of instrumenty o ba r contract. (4) Every document purpokr mting to be a document executed or issued by or on behalf of th o beo Commission and to be sealed with the official seal of the Commthisi ssion authenticated in the manner provided for by subparagraph (2 f t) o to act for that purpose shall be deemed to be so executed or issued u pnat ril the contrary is proved. o Proof of 13. Any documde. n Nt purporting to be duly executed or issued under the documents seal of the Ceormv emission to any resolution of the Board or as having been issued on r eb sehalf of the Commission, shall be receivable in all courts of law hotrs tribunals or other bodies authorised to receive evidence and shallll ,r igunless the contrary is proven, be deemed, without further proof, tao. Abe sufficient evidence of what is contained in the document. an i nz f T a nt o e ern m ov 25 G 0 ©2 356