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Chapter Law Content

Title: Ionizing Radiation Protection Act CH
Category: Atomic Energy Council(行政院原子能委員會)
Chapter III Management of Radioactive Material, Equipment Capable of Producing Ionizing Radiatio
Article 29
Permits or Registration for Work, Practice and Facilities
Paragraph 29.1
Unless otherwise stipulated in this Act, radioactive material, equipment capable of producing ionizing radiation and practice shall require, as designated by the Competent Authority, a permission or registration.
Paragraph 29.2
Practice designated as requiring permission shall not proceed until applications have been filed with the Competent Authority, and permission has been granted or permits have been issued.
Paragraph 29.3
Radiation work designated as requiring registration shall not proceed until it is filed with and approval has been granted by the Competent Authority.
Paragraph 29.4
In the case of high intensity radiation facilities containing high activity radioactive material or high-energy equipment capable of producing ionizing radiation, the operation shall be conducted by qualified personnel.
Paragraph 29.5
(1)The qualifications and criteria for permission or registration in Paragraphs 29.2 and 29.3;
(2)the type of facilities in Paragraph 29.4;
(3)the qualifications of operation personnel in Paragraph 29.4, and the issuance, period of validity, renewal, replacement, termination of their certificates or licenses; and
(4)other regulations to abide by shall be laid down by the Competent Authority.
Paragraph 29.6
If the material, equipment or practice in Paragraphs 29.2 and 29.3 is involved in medical use, it shall also comply with central government health regulations.
Article 30
Production Permits and Requirements
Paragraph 30.1
One shall not produce radioactive material, construct its production facilities, or manufacture equipment capable of producing ionizing radiation until after the Competent Authority reviews the application and issues a permit.
Paragraph 30.2
The operation of facilities producing radioactive material shall be conducted by qualified operation personnel.
The qualification of operation personnel, and the issuance, period of validity, renewal, replacement, or termination of certificates or licenses, as well as other regulations to abide by shall be laid down by the Competent Authority.
Paragraph 30.3
Production or manufacturing in Paragraph 30.1 shall be registered with the Competent Authority within fifteen (15) days after the work starts.
The records on production or manufacturing, inventory and sales shall be submitted to the Competent Authority on a regular basis.
The Competent Authority may dispatch officers to perform on-site inspection at any time.
Paragraph 30.4
If the production of radioactive material or manufacturing of equipment capable of producing ionizing radiation in Paragraph 30.1 is for medical purposes, it shall also comply with central government health regulations.
Article 31
Training of Handling and Operating Personnel
Paragraph 31.1
The personnel to handle radioactive material or operate equipment capable of producing ionizing radiation shall receive training specified by the Competent Authority, and obtain radiation safety certificates or licenses.
However,
(1)persons with radiation related certificates accredited by the Competent Authority, or
(2)persons being trained under supervision of qualified personnel for instructional purposes are not bound by this requirement.
Paragraph 31.2
Training may be used in lieu of certificates or licenses in Paragraph 31.1 when handling
(1)radioactive material below a specific activity level or
(2)equipment capable of producing ionizing radiation below a specific energy level.
The specific level of activity or energy shall be laid down by the Competent Authority.
Paragraph 31.3
(1)Qualifications and training of the personnel, and
(2)the issuance, period of validity, renewal, replacement, termination of certificates or licenses in Paragraph 31.1, as well as
(3)the criteria whereby training may be substituted for certificates or licenses in Paragraph 31.2, and
(4)other regulations to abide by shall be laid down by the Competent Authority in consultation with relevant agencies.
Article 32
Period of Validity of Permits
Paragraph 32.1
Permits issued in accordance with Paragraph 29.2 shall be valid for a maximum of five (5) years. Those who need to continue practice beyond the expiration date shall apply for renewal before the deadline set by the Competent Authority.
Paragraph 32.2
Permits issued in accordance with Paragraph 30.1 shall be valid for a maximum of ten (10) years. Those who need to continue production or manufacturing beyond the expiration date shall apply for renewal before the deadline set by the Competent Authority.
Paragraph 32.3
During the period of validity of permits specified in Paragraphs 32.1 and 32.2, facility operators shall conduct measurement at least once a year on
(1)the radioactive material,
(2)the equipment capable of producing ionizing radiation, or
(3)the facility and file the certified measurement report with the Competent Authority.
The items for measurement shall be specified by the Competent Authority.
Article 33
Change of Nature in Registration
If there is any change to the items recorded on the permission, permit, or registration, facility operators shall apply for revision of registration with the Competent Authority within thirty (30) days after the change occurs.
Article 34
Safety Conditions for Operation
Paragraph 34.1
When the safety conditions required for
(1)the usage of radioactive material and equipment capable of producing ionizing radiation, or
(2)the operation of its production and manufacturing facilities deviate from what was previously approved, facility operators shall apply with the Competent Authority for approval to cease usage or operation, and keep the material or equipment enclosed and stored in accordance with approved means.
Paragraph 34.2
Regarding the preceding suspended material, equipment or facilities, one shall not resume
(1)the usage of radioactive material or equipment capable of producing ionizing radiation, or
(2)the operation of production facilities until approval is obtained from the Competent Authority.
Article 35
Procedures for Permanent Suspension
Paragraph 35.1
Regarding radioactive material, equipment capable of producing ionizing radiation, or their production/manufacturing facilities under permanent suspension, facility operators shall file with the Competent Authority all material or equipment in possession, and
(1)return the goods to the original manufacturer or seller, 
(2)transfer them to another owner,
(3)dispose of them as radioactive waste, or employ any handling method specified by the Competent Authority. 
The time for such handling shall not exceed three (3) months. However, one may extend beyond the deadline pending the Competent Authority's approval. 
Paragraph 35.2
Within six (6) months after permanent suspension of
(1)production/manufacturing facilities in Paragraph 35.1, or
(2)high intensity radiation facilities in Paragraph 29.4, facility operators shall submit to the Competent Authority a clean-up plan for facility decommissioning and complete the implementation of the plan upon approval within three (3) years after the onset of permanent suspension.
Paragraph 35.3
During the execution of the clean-up plan, the Competent Authority may dispatch officers to perform on-site inspection at any time; facility operators shall report to the Competent Authority for inspection upon completion of the plan.
Article 36
Criteria for de facto Permanent Suspension 
Radioactive material, ionizing radiation equipment or their production/manufacturing facilities will be regarded as being in a state of permanent suspension if any of the followings occurs, and shall be handled in accordance with Article 35:
(1)failure to comply with Paragraph 34.1, namely, failure to apply for approval with the Competent Authority to cease usage or operation, and the situation lasts for more than one (1) year;
(2)suspension of usage or operation has been approved, yet deemed by the Competent Authority as posing threat to the environment or human health to the point of beyond salvage or repair; or
(3)the permit has been terminated by the Competent Authority.
Article 37
Exceptions for Certain Types of Radioactive Material
Provisions for radioactive material in this chapter are not applicable to nuclear source material, nuclear fuel or radioactive waste.