ACT, No. 40 OF 2014

40of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
SRI LANKA ATOMIC ENERGY
ACT, No. 40 OF 2014
—————————
[Certified on 04th November, 2014]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of theGazette of the Democratic
Socialist Republic of Sri Lanka of November 07, 2014.
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
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Sri Lanka Atomic Energy 1
Act, No. 40 of 2014
[Certified on 04th November, 2014]
L.D.—O 39/2011
ANACT TOPROVIDE FOR THE ESTABLISHMENT OF THE SRI LANKA ATOMIC
ENERGY BOARD; FOR THE PROMOTION AND ENCOURAGEMENT OF THE
USE OF NUCLEAR SCIENCE AND TECHNOLOGY FOR NATIONAL
DEVELOPMENT PURPOSES; FOR THE ESTABLISHMENT OF THE SRI LANKA
ATOMIC ENERGY REGULATORY COUNCIL ; FOR THE REGULATION OF
PRACTICES INVOLVING IONIZING RADIATION AND THE SAFETY AND
SECURITY OF SOURCES; FOR THE PROHIBITION OF NUCLEAR WEAPONS
AND ENSURING SAFEGUARDS; AND TO REPEAL THE ATOMIC ENERGY
AUTHORITY ACT, NO.19 OF 1969 AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO.
WHEREAS it has become necessary to permit the beneficial Preamble.
and peaceful applications of nuclear science and technology
in health, industry, environment and agriculture, for national
development within Sri Lanka:
AND WHEREAS it has become necessary to provide for
adequate protection of individuals, society and the
environment now and in the future, against the potentially
harmful effects of ionizing radiation and for the safety and
security of radiation sources, by the establishment and
maintenance of a regulatory control system, including the
adoption of standards, licensing system, inspection and
enforcement to govern all practices involving ionizing
radiation:
AND WHEREAS it has become necessary for the
Government of Sri Lanka to fulfill its obligations under
relevant international instruments in the field of nuclear
energy entered into by Sri Lanka and in particular the Treaty
on the Non-Proliferation of Nuclear Weapons and the
Safeguards Agreements:
Now Therefore be it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows :—
2 Sri Lanka Atomic Energy
Act, No. 40 of 2014
Short Title and 1. This Act may be cited as the Sri Lanka Atomic
date of
Energy Act, No. 40 of 2014 and shall come in to operation
operation.
on such date as the Minister may appoint by Order published
intheGazette(hereinafterreferredtoasthe“appointeddate”).
PART I
CHAPTER I
ESTABLISHMENT OF THE SRI LANKA ATOMIC ENERGY BOARD
Establishment of 2. (1) There shall be established an authority to be
the Sri Lanka called and known as the Sri Lanka Atomic Energy Board
Atomic Energy (hereinafter referred to as the “Board”) which shall consist
Board .
of the members referred to in section 6.
(2) The Board shall by the name assigned to it by
subsection (1), be a body corporate and shall have perpetual
succession and a common seal and may sue and be sued in
such name.
Objectives of the 3. The objectives of the Board shall be to –
Board.
(a) promote and encourage the peaceful application
of nuclear technology and provide services using
such technology;
(b) conduct research on nuclear science and on
developing peaceful application of nuclear
technology, for the purpose of achieving national
objectives;
(c) promote and support innovations to ensure safety
and security systems and quality in the peaceful
uses of nuclear technology;
(d) provide radiation protection services to meet
regulatory requirements relating to nuclear
applications; and
Sri Lanka Atomic Energy 3
Act, No. 40 of 2014
(e) engage in activities involving ionizing radiation
and complementary techniques, for commercial or
other purposes.
4. The duties and functions of the Board shall Duties and
be to :- functions of the
Board.
(a) utilize radioactive materials and ionizing radiation
whether along with complementary techniques or
otherwise, for medical, environmental, agricultural,
industrial and other peaceful purposes and for
scientific and technological advancement as may
be required for national development;
(b) carry out research relating to the application of
ionizing radiation, whether along with
complementary techniques or otherwise;
(c) ensure that adequate facilities and arrangements
are made available for the appropriate training of
the staff of the Board and of the officers of any
other relevant institutions;
(d) provide on request and where it considers it
appropriate, to any relevant government institution
or any non-governmental institution whether
national or international, and to the general public,
information relating to the utilization of nuclear
technology or other radioactive materials, where
available;
(e) promote the establishment of professional
organizations and societies to assist in the
application of ionizing radiation, whether along
with complementary methods or otherwise and
provide where available any connected services;
(f) construct and operate research centers, laboratories
and pilot plants in the field of nuclear technology,
radiological applications and other related areas;
4 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(g) build and operate installations or facilities for the
production and distribution of radioisotopes and
for the management and disposal of radioactive
wastes;
(h) assist in the sustainable development of the peaceful
application of nuclear technology;
(i) explore the availability of radioactive mineral
resources within Sri Lanka;
(j) establish, maintain and develop scientific and
technical cooperation with such local or
international institutions or organizations as the
Board deems conducive, for the attainment of its
objectives;
(k) enter into commercial and other ventures involving
ionizing radiation or other complementary
techniques;
(l) furnish the Minister with information relating to
the performance and discharge of its duties and
functions; and
(m) perform and discharge such other duties and
functions as in the opinion of the Board, are
necessary in achieving the objectives of the Board.
Powers of the 5. In addition to any powers that are expressly conferred
Board. on the Board by this Act, the Board shall for the effective
discharge of its functions, have the power to –
(a) erect, equip and maintain laboratories, libraries,
workshops and any other buildings as are necessary
for the effective discharge of its functions;
Sri Lanka Atomic Energy 5
Act, No. 40 of 2014
(b) collect, print and publish reports, periodicals and
papers on any subject relevant to or connected with
the functions of the Board;
(c) enter into agreements with the approval of the
Minister, for cooperation with institutions within
or outside Sri Lanka, having objectives wholly or
partly similar to those of the Board;
(d) provide testing services to ascertain levels of
radioactive contamination and ionizing radiation
in any material, commodity or object;
(e) provide calibration services and services for
radiation measuring equipment and dosimetry
services;
(f) manufacture, buy, import or acquire, store, sell,
transport or export any article which in the opinion
of the Board is or is likely to be required in
connection with the production or use of ionizing
radiation or any research and to dispose of any such
article;
(g) make available for use in connection with any
research or production conducted or carried out by
any institution or person other than the Board, any
equipment or facilities belonging to the Board in
such manner as it may determine;
(h) take adequate measures to ensure the safety and
security of any radioactive sources or radioactive
waste for which no licence has been issued under
this Act or for which no owner can be found, on
receipt of information regarding the same;
(i) disseminate information and train persons in matters
relating to nuclear science and technology,
radioactive materials and related matters;
6 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(j) make arrangements with Universities, Government
Departments and any other institutions or persons
both within and outside Sri Lanka, for the conduct
of research and development activities into matters
connected with nuclear science and
technology,ionizing radiation or radioactive
material and other related matters;
(k) award in accordance with such schemes formulated
with the concurrence of the Minister assigned the
subject of Finance, incentives based on
performance, to the scientists, engineers, technical
personnel and other employees of the Board;
(l) delegate any of the duties and functions of the Board
to the Chairman or any member of the Board or to
the Director-General of the Board;
(m) acquire and hold property both movable and
immovable and sell, lease, mortgage, exchange or
otherwise dispose of the same;
(n) open, operate and maintain bank accounts and
deposit its monies in any bank and invest such of
its funds as are not immediately required for the
purposes of the Board, in such securities as the Board
may determine;
(o) borrow such money as may become necessary for
the purposes of the exercise and performance of its
powers and functions;
(p) enter into any contracts or agreements as may
become necessary for the effective exercise and
performance of its powers and functions;
(q) charge and receive fees for any services rendered
by the Board;
Sri Lanka Atomic Energy 7
Act, No. 40 of 2014
(r) engage in commercial activities to achieve the
objectives of the Board; and
(s) accept and receive in compliance with relevant
government procedures, grants and donations of
property both movable and immovable from sources
within and outside Sri Lanka and utilize the same
for the purposes of the exercise and performance of
the powers and functions of the Board.
6. (1) The Board shall consist of seven members who Constitution of
the Board.
shall be appointed by the Minister, of whom not less than
three shall be from among persons who have had experience
and proven capacity in the field of nuclear energy and its
applications and not less than one each shall be from the
fields of finance, law, health and industry.
(2) The Minister shall appoint one of the members
appointed under subsection (1) as the Chairman of the Board.
(3) The members of the Board shall hold office for a period
of three years and unless removed from office, be eligible for
re-appointment.
(4) The provisions of the Schedule to this Act shall apply
to and in respect of the members of the Board and the conduct
of its meetings.
7. (1) The Board may appoint such committees and Appointment of
experts as it considers necessary or expedient to assist it in committees and
experts.
the performance and discharge of its duties and functions.
(2) A committee appointed under subsection (1), shall
regulate the procedures for the transaction of its business
and of their meetings.
8 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(3) The members of any committee and an expert,
appointed under subsection (1), shall be paid such allowances
and be reimbursed for any expenses incurred in connection
with the carrying out of any duties assigned, as the Board
may determine.
Powers of the 8. (a)The Minister may issue to the Board such
Minister to issue guidelines or directions as are not inconsistent with the
guidelines and
provisions of this Act, relating to the policy to be followed
directions.
in the performance and exercise of the functions and powers
of the Board.
(b) The Board shall comply with any guidelines or
directions issued by the Minister.
PART II
CHAPTER II
ESTABLISHMENT OF THE SRI LANKA ATOMIC ENERGY REGULATORY
COUNCIL
Establishment of 9. (1) There shall be established a regulatory authority
the Sri Lanka to be called and known as the Sri Lanka Atomic Energy
Atomic Energy
Regulatory Council (in this Act referred to as “Council”),
Regulatory
Council. for the regulation and control of practices involving ionizing
radiation.
(2) The Council shall by the name assigned to it by
subsection (1), be a body corporate and shall have perpetual
succession and a common seal and may sue and be sued in
such name.
Objectives of the 10. The objectives of the Council shall be to-
Councils.
(a) establish requirements for the protection of persons
and the environment against risks associated with
exposure to ionizing radiation and for the safety
and security of sources and facilities, as
appropriate;
Sri Lanka Atomic Energy 9
Act, No. 40 of 2014
(b) take all appropriate steps to ensure the protection
of persons and the environment from harmful effects
due to any source, nuclear material and other
radioactive material and ensure the security of such
material and facilities; and
(c) ensure compliance with International Standards and
obligations in the field of nuclear energy,which are
required to be complied with by Sri Lanka.
11. The functions of the Council shall be to – Functions of the
Council.
(a) issue licences required to be issued under this Act
and renew, modify, suspend or revoke the same;
(b) formulate an inspection programme to ensure
compliance with the requirements imposed under
this Act and conditions specified in licences issued
under this Act;
(c) take appropriate measures to ensure due compliance
with the provisions of this Act, proper enforcement
of regulations or rules made thereunder and
conditions specified in licences issued;
(d) maintain a national register containing information
on all sources available within Sri Lanka;
(e) provide information regarding the regulatory
activities of the Council to the general public, the
media and any other relevant stakeholders;
(f) make recommendations to the Minister on the
formulation of a national policy and strategy on
protection against ionizing radiation, the safety and
security of sources and nuclear and other
radioactive material and on radioactive waste
management;
10 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(g) formulate and review rules, codes and standards
relating to radiation protection and the application
of ionizing radiation,which reflects best practices
enunciated by the International Atomic Energy
Agency and any other similar International
Organizations;
(h) advice the Minister on any matter referred to the
Council and on matters which the Council considers
appropriate to give its advice on; and
(i) perform and discharge such other duties and
functions as in the opinion of the Council, are
necessary in achieving the objectives of the
Council.
Powers of the 12. In addition to any powers that are expressly conferred
Council. on the Council by this Act, the Council shall for the effective
discharge and performance of its functions have the power
to –
(a) take measures for the prevention of radiological
emergencies;
(b) establish mechanisms and procedures for informing
and consulting the public and other stakeholders
about the regulatory process and the safety, health
and environmental aspects of regulated practices,
including incidents, accidents and abnormal
occurrences;
(c) co-operatewithlocalandinternational organizations
to promote safety and security against risk of injury
or damage, arising from ionizing radiation;
(d) provide training for the staff of the Council and
any other relevant person or body of persons, for
the purpose of achieving its objectives;
Sri Lanka Atomic Energy 11
Act, No. 40 of 2014
(e) take necessary steps to fulfill the obligations of Sri
Lanka under international treaties, conventions,
relevant protocols and agreements to which Sri
Lanka is a party, relating to safety and security of
sources;
(f) make where available to any person both national
and international and to the public, as determined
by the Council, information relating to the
utilization of sources and incidents and abnormal
occurrences, which may cause an impact on human
life or the environment;
(g) liaise with government agencies and non-
governmental organizations or individuals having
competence in areas such as health, safety,
environmental protection, security, emergency,
transport or import and export of nuclear and
radioactive materials, including radioactive waste;
(h) inspect, review and assess practices and facilities
for the purpose of verifying compliance with the
provisions of this Act and any regulations or rules
made thereunder and the conditions of any licences;
(i) issue directives relating to corrective measures
required to be taken if unsafe or potentially unsafe
conditions are detected at any location where a
licenced practice is being conducted;
(j) take all steps as are necessary to give effect to
obligations under the Safeguards Agreement,
including the establishment and maintenance of a
state system of accounting for and control of nuclear
material;
(k) implement regulatory measures for the security of
nuclear or radioactive materials, related equipment
and associated facilities, including measures for
12 Sri Lanka Atomic Energy
Act, No. 40 of 2014
physical protection, to detect, prevent and respond
to unauthorized acts involving such materials,
equipment or facilities;
(l) establish procedures and mechanisms to grant
approval to institutes or individuals involved in
issuing certification on radiation measurement and
calibration of radiation measuring equipment;
(m) conduct public awareness programmes in relation
to nuclear science and technology and to take any
precautionary steps required to be taken upon the
occurrence of any accident involving radioactive
or nuclear materials;
(n) inspect any articles or commodities imported into
Sri Lanka and which are available locally, and to
take samples for the purpose of testing of
radioactivity and where the Council deems it
necessary and appropriate, to publish results of such
test for the information of the general public, and
all relevant authorities:
For the purpose of this paragraph “articles” and
“commodities” include the container in which the
articles or commodities are imported and any
vessels or aircrafts carrying such containers;
(o) acquire and hold any property, both movable or
immovable and to sell, lease, mortgage, exchange
or otherwise dispose of the same;
(p) collectandpublishreportsandpapers on
anysubject connected with the functions of the
Council;
(q) open and maintain bank accounts whether current,
savings or deposit, in any bank approved by the
Council; and
Sri Lanka Atomic Energy 13
Act, No. 40 of 2014
(r) erect, equip and maintain buildings including
laboratories, libraries, workshops and offices as are
necessary for the performance of its functions.
13. In the exercise and performance of its powers and General
functions, the Council shall be guided by the following principles to be
adhered to by
general principles:-
the Council.
(a) the safety and protection of human life, property
and the environment from harmful effects of
ionizing radiation;
(b) that there is sufficient justification for permitting
the conduct of a practice for which a licence is
applied for;
(c) that the normal exposure of individuals are
restricted, so that neither the effective dose nor the
equivalent dose caused by a possible combination
of exposures from licenced practices, exceeds the
dose limits as determined by the Council; and
(d) that protection is optimized, so that the magnitude
of individual doses, the number of individual
exposes and the likelihood of incurring exposure
are all kept as low as reasonably achievable, taking
into account economic and social factors.
14. (1) The Council shall consist of the following Constitution of
members appointed by the Minister :- the Council.
(a) three persons who are experts in the field of nuclear
science and technology or radiation protection;
(b) one person who has experience in legal aspects
connected with or relating to the objectives of the
Council; and
14 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(c) a senior officer not below the rank of an Additional
Secretary or a Director of the Ministry of the
Minister assigned the subject of Environment,
nominated by such Minister.
(2) The Minister shall appoint one of the members of the
Council as the Chairman of the Council.
(3) The Chairman and the other appointed members of
the Council shall hold office for a period of three years and
unless removed from office, be eligible for re-appointment.
(4) The provisions of Schedule to this Act shall apply to
and in respect of the members of the Council and the conduct
of its meetings.
Appointment of 15. The Council shall for the purposes of assisting the
Inspectors. Council in the performance of its functions under this Act,
appoint from among its officers such number of persons as
inspectors (hereinafter referred to as “Authorized Inspectors”)
and shall furnish them with appropriate credentials.
Appointment of 16. (1)(a) The Council may request the Inspector-
police officers to General of Police to provide the services of any police officer
assist Authorized
above the rank of an Assistant Superintendent of Police, for
Inspectors.
the purpose of assisting an Authorized Inspector in the
performance of his functions.
(b) It shall be the duty of the Inspector-General of Police
to ensure the availability of such police officer, where a
request is made by the Council.
(2) (a) A police officer whose services are provided by the
Inspector-General of Police on a request made under
subsection (1), shall, notwithstanding anything to the
contrary in any law upon a complaint made by the Council,
arrest without a warrant any person who is suspected to have
committed an offence under this Act.
Sri Lanka Atomic Energy 15
Act, No. 40 of 2014
(b) The police officer shall produce such person before
the Magistrate’s Court, within whose jurisdiction such
offence is alleged to have been committed.
17. (1) The Council may – Appointment of
Advisory
(a) appoint such number of Advisory Committees as it Committees.
may consider necessary or appropriate; and
(b) obtain the services of any expert outside its
permanent staff, as advisors or consultants,
to assist the Council in the performance and discharge of
its duties and functions under this Act:
Provided that the appointment of any Advisory
Committees or obtaining the services of any expert outside
the permanent staff, shall in no way relieve the Council of
the responsibilities and duties cast on the Council under
this Act or any regulations or rules made thereunder.
(2) It shall be the duty of the Council to ensure that no
person who has a conflict of interest or is in a position to
exercise improper influence on any decision that the Council
is called upon to make under this Act or any regulations or
rules made thereunder, is appointed under subsection (1) as
a member of an Advisory Committee or as an expert.
CHAPTER III
ISSUE OF LICENCES
18. (1) No person including the Board, shall conduct a Requirement to
practice involving ionizing radiation (in this Act referred to obtain a licence
to conduct a
as a “practice”) :- practice.
(a) except under the authority of a licence issued by
the Council for the purpose; or
16 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(b) unless it is a practice which has been exempted
from the regulatory control of the Council, in terms
of the provisions of this Act.
(2) A person who conducts a practice or uses any source
for the conduct of a practice without obtaining a licence for
that purpose shall commit an offence and be liable on
conviction after summary trial before a Magistrate, to a fine
not exceeding three million rupees or to an imprisonment
for a term not exceeding seven years or to both such fine and
imprisonment.
Council to 19. (1) The Council shall have the authority by Order
exempt certain published in the Gazette, to exempt any practice or any
practices or any source within a practice from its regulatory control taking
source within a
into consideration the following factors:-
practice from
obtaining a
licence. (a) the radiation risk that may be caused to any member
of the public by the conduct of the practice or the
source concerned, is sufficiently low as to be of no
regulatory concern of the Council;
(b) the collective radiological impact of the practice
or the source within the practice concerned is
sufficiently low, as not to warrant the regulatory
control of the Council under the prevailing
circumstances;
(c) the practice and the source within the practice
concerned are inherently safe, with no applicable
likelihood of a situation that could lead to a failure
to meet the factors specified in paragraphs (a) or (b)
above; and
(d) the practice is one that can be justified on the basis
set out in section 22(1)(b).
(2) An Order under subsection (1) shall-
(a) specify the level of the effective dose expected
to be incurred by a member of the public in one
year from the conduct of the practice;
Sri Lanka Atomic Energy 17
Act, No. 40 of 2014
(b) where the exemption relates to a source within a
practice, specify the minimum levels of total
activity of a given nuclide present on the
premises at any one time and of the activity
concentration in the nuclide used in the practice;
or
(c) where it relates to an apparatus used in the
practice, specify the levels of the ambient dose
equivalent rate and the directional dose
equivalent rate caused by such apparatus in
normal operating conditions and the level of
energy of the radiation produced by such
apparatus.
(3) An Order made under subsection (1) may be amended
from time to time in like manner and should specify the
criteria stated in subsection (2).
20. (1) A person who intends to conduct a practice shall Notification to
forward to the Council a notification in such form as specified be forwarded of
by the Council by rules made in that behalf, of such intention an intention to
conduct a
to conduct such practice and shall submit the following practice.
information along with the notification:-
(a) the purpose for which the practice is sought to be
conducted;
(b) where radioactive material is involved, the purpose
for which such material is to be used and the
maximum radioactivity to be used by such
radioactive material;
(c) where irradiating apparatus is used in the conduct
of the practice, the maximum energy of ionizing
radiation expected to be produced by such
apparatus; and
(d) in the case of nuclear or fissionable material,
radioactivity level and the percentage of each
component in the material.
18 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(2) Upon a consideration of the information contained in
a notification received under subsection (1), the Council
shall determine:-
(a) whether the practice concerned is one which is
exempted by the Council by an Order made under
section 19; or
(b) where the practice is not one which is exempted by
the Council then, considering the nature of the
practice, whether prior to obtaining a licence for
the conduct of the practice-
(i) the approval of the Council is required for
the plan of the building or the construction
in which the practice is to be conducted, in
order to ensure that adequate radiation safety
measures are included in the design of the
plan of the building or of the construction;
and
(ii) where the import or export of any radioactive
material, irradiating apparatus or equipment
containing radioactive source is involved,
whether the approval of the Council is
required for such import or export.
(3) (a) Upon making a determination under paragraph (b)
of subsection (2) regarding the necessity to obtain an
approval referred to therein, the Council shall forthwith
communicate such determination to the person who
forwarded the notification; and
(b) Where it determines that an approval is necessary to
be obtained under that paragraph, request the person
concerned to forward such information along with an
approval fee as specified in the communication, for the
purpose of obtaining the Council’s approval.
Sri Lanka Atomic Energy 19
Act, No. 40 of 2014
21. (1) Where the Council:- Application for
a licence.
(a) determines under section 20(2) that an
approval is not required prior to obtaining a
licence for the conduct of the intended
practice in respect of which the notification
was forwarded; or
(b) having considered the information received
under section 20(3), grants its approval,
the Council shall inform the person concerned to
make an application for an appropriate licence prior
to the commencement of the practice.
(2) An application for a licence shall be made in the
appropriate form provided for the same by the Council, along
with an application processing fee as determined by the
Council.
22. (1) The Council shall issue a licence for the conduct Processing of
of the practice in respect of which such application is made applications and
the issue of
under section 21(2), on being satisfied that such applicant:-
licence.
(a) has complied with the requirements of the building
plan which was approved by the Council, if any, in
which the practice is to be conducted;
(b) is in a position to justify the conduct of the practice
concerned on the basis that it produces sufficient
benefit to the exposed individuals or to the society,
to off-set the radiation harm which such practice
may cause;
(c) has sufficient resources and adequate number of
technically qualified staff available to enable the
conduct of the practice in a manner that ensures
safety and security;
20 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(d) has taken appropriate measures to ensure that
exposures will be below the dose limits prescribed
under this Act;
(e) has taken adequate steps to ensure that protection
has been optimized so as to provide highest level
of safety that can reasonably be achieved;
(f) has clear understanding of the fundamental
principles relating to radiation protection;
(g) has adequate financial resources and technically
qualified staff available, to meet responsibilities
involved in the event of a decommissioning of the
practice concerned;
(h) has assessed the nature, magnitude and likelihood
of the risk that may be caused due to the conduct of
the practice;
(i) has taken all necessary steps required to be taken
for the protection and safety of workers, the public,
the environment and for the security of the
radioactive sources;
(j) has furnished to the Council all information
including relevant technical information from its
suppliers or manufacturers which are required in
order to enable compliance with the provisions of
this Act and any regulations or rules made
thereunder; and
(k) has prepared and made available an Emergency
Preparedness and Response Plan.
Sri Lanka Atomic Energy 21
Act, No. 40 of 2014
(2) Where in terms of the criteria set out in subsection(1),
the Council:-
(a) is satisfied that the applicant is eligible to be
granted a licence to conduct the practice, a licence
shall be issued in the prescribed form, for that
purpose; or
(b) is of the view that the applicant is not eligible to be
granted a licence, refuse to grant the licence
requested for and inform the applicant of such
refusal and the reasons for the refusal.
23. (1) A licence issued under section 22 shall be :- Conditions of
the licence.
(a) subject to such conditions and requirements as
specified in the licence;
(b) subject to the payment of a licence fee as determined
by the Council;
(c) valid for such period as determined by the Council
in accordance with such rules made in that behalf,
and specified in the licence; and
(d) non transferable.
(2) The Council shall maintain a register containing a
record of the licences issued and the basis on which such
licences have been issued, details of conditions and
requirements imposed on each licence and where a licence
is refused, the reasons for such refusal.
24. It shall be the primary duty of the licencee to establish Primary duty of
and implement the technical and organizational measures the licencee.
required for the protection of human life and the environment
against harmful effects of ionizing radiation and to ensure
the safety and security of radioactive sources authorized to
be used under the licence.
22 Sri Lanka Atomic Energy
Act, No. 40 of 2014
Reporting of 25. Every licencee shall report to the Council-
over exposure
and theft, etc.
(a) of any case of over exposure to radiation, not
less than twenty four hours after such exposure
has taken place; and
(b) of any loss, theft, radiological emergency or
diversion for unauthorized purposes of any
sources or material within twenty four hours after
coming to know of such event,
and thereafter comply with any directions relating to
emergency measures that may be issued by the Council
in respect of the same.
Compliance with 26. Every licencee who is issued with a licence for the
requirements
conduct of a practice involving the transport of radioactive
established for
transport of material shall comply with such requirements, including
redioactive requirements pertaining to specifications for the containers
material. or packages used for the purpose of transport of such
radioactive material and radioactive sources, as may be
specified by the Council by rules made in that behalf.
Modification of 27. (1) A licencee is prohibited from continuing with
a licence.
the conduct of the practice for which the licence was issued
without applying to the Council in writing for the
modification of such licence, on the happening of any one
or more of the following circumstances:-
(a) where any source different to that which was
authorized by the licence, is sought to be used;
(b) where a higher activity of radioactive material than
which is authorized by the licence, is sought to be
used;
(c) where a modification is sought to be carried out in
the physical infrastructure used for the conduct of
the practice concerned; or
Sri Lanka Atomic Energy 23
Act, No. 40 of 2014
(d) where new employees are sought to be employed in
the conduct of the practice for which the licence
was issued.
(2) The Council shall, having considered the
circumstances, due to which a modification of the licence is
being applied for, decide upon the modifications that could
be permitted and modify the licence issued accordingly.
28. (1) A licencee who wishes to have its licence Renewal of a
renewed shall be required to make an application for the licence.
same, not less than three months prior to the date of the
expiry of the licence issued.
(2) Where a licencee fails to make an application within
the time period specified under subsection (1), the Council
shall direct such licencee to make an application forthwith
unless such licencee does not intend to renew its licence,
and may issue an interim licence pending the renewal of the
licence.
(3) An application for the renewal of a licence shall be
made in such form as provided for the same by the Council
along with a renewal fee, and the provisions of section 22 of
this Act shall, mutatis mutandis apply to and in respect of
the processing of such application.
(4) Where a licence is renewed, the Council may where
it considers it appropriate, impose further conditions or
requirements in addition to those that the licence was subject
to, when it was issued initially.
29. (1) Where a licencee does not intend to renew Council to be
its licence, it shall be the duty of such licencee to inform the informed
where a
Council of such fact not less than three months prior to the
licence is not
date of the expiry of the licence, and a failure to so inform renewed.
shall be an offence under this Act, and the person on
conviction shall be liable to a fine not exceeding ten
thousand rupees.
24 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(2) The provisions of subsections (3), (4) and (5) of section
33 of this Act, shall mutatis mutandis apply to and in respect
of a practice the licence for the conduct of which is not
renewed under subsection (1).
Effect of a 30. (1) Where a licencee fails to apply for the renewal
failure to renew of its licence three months prior to the date of its expiry, the
a licence.
licencee shall be subject to the payment of a surcharge for
each day at such rate as shall be determined by the Council
by rules made in that behalf, until the date of the expiry of
the licence, in addition to the renewal fee required to be
paid when renewing the licence.
(2) Where a licencee fails to apply for a renewal of the
licence prior to the date of its expiry,the Council shall have
the power immediately upon the expiry of such licence-
(a) to cause the premises in which the practice is being
conducted to be sealed and within seven days of
such sealing, to make an application to the
Magistrate’s Court to obtain an order confirming
the sealing of the premises; and
(b) to issue such directions as it may consider
appropriate pertaining to the manner in which the
safety and security of the radioactive source shall
be ensured and for the protection of human life and
the environment, which the licencee shall be
required to strictly adhere to.
(3) The provisions of subsections (3) and (4) of section
33 of this Act, shall mutatis mutandis apply to and in respect
of a licencee to whom any directions are issued under
paragraph (b) of subsection (2).
Grounds for the 31. A licence issued by the Council may at any time by a
cancellation of a notification sent to the licencee in that behalf, be cancelled
licence. where-
(a) the licencee has acted in violation of any condition
of the licence or in contravention of any provision
Sri Lanka Atomic Energy 25
Act, No. 40 of 2014
of this Act or any regulation or rule made thereunder,
which pose an unacceptable threat or risk to public
health or a danger to the environment;
(b) the licencee has failed without reason, to comply
with any directives issued by the Council under
section 39;
(c) the licencee has ceased to conduct or operate the
practice for which the licence was issued;
(d) due to any prevailing circumstances the Council
determines that the continued conduct of the
practice for which the licence was issued, would
pose an unacceptable threat or risk to public health
or a danger to the environment; or
(e) the receiving environment has altered or changed
due to certain natural and other causes which
renders the continued conduct of the practice a risk
to public health or a danger to the environment.
32. Any person who continues to conduct a practice Conducting a
after the cancellation under section 31of the licence shall practice after the
cancellation of a
commit an offence and be liable on conviction after summary
licence to be an
trial before a Magistrate, to a fine not exceeding three million offence.
rupees or to an imprisonment for a term not exceeding seven
years or to both such fine and imprisonment.
33. (1) Where a licence is cancelled by the Council, it Causing seals to
may cause seals to be affixed at such required places or to be affixed to
any source, in
any source, to prevent the continuance of the conduct of the the event of a
practice. cancellation.
(2) The Council shall within seven days of a sealing
carried out under subsection (1), make an application to the
Magistrate’s Court, and obtain an order confirming the
sealing that was carried out.
26 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(3) The Council may at the time of the cancellation of a
licence or at any time thereafter, issue such directions to the
licencee as to the manner in which the safety and security of
the radioactive sources may be ensured and for the protection
of human life and the environment, and the licencee shall
comply with any directions so issued.
(4) The Council shall release a licencee to whom any
directions are issued under subsection (3) of all regulatory
obligations imposed under this Act, when the Council is
satisfied that the direction issued have been satisfactorily
complied with and the radioactive material or sources used
in the conduct of the practice concerned has ceased to pose
a threat to human life and to the environment.
(5) The failure to comply with any directions issued under
subsection (3) shall be an offence under this Act, and be
liable on conviction after summary trial before the
Magistrate, to a fine not exceeding five hundred thousand
rupees or to imprisonment for a term not exceeding three
years or to both such fine and imprisonment.
Suspension of a 34. (1) A licence may be suspended-
licence.
(a) where the licencee has acted in violation of
any condition of the licence or in
contravention of any provision of this Act or
any regulation or rule made thereunder and
such violation or contravention does not
however pose an unacceptable threat or risk
to public health or a danger to the
environment;
(b) where any danger or risk caused or likely to
be caused to public health or the environment
can be mitigated or remedied through the
adoption of corrective measures; or
Sri Lanka Atomic Energy 27
Act, No. 40 of 2014
(c) where the licencee has failed without reason,
to comply with any directives issued by the
Council under section 39.
(2) Where a decision is taken to suspend a licence, the
Council shall in a notification sent to the licencee, specify
the period for which the licence is being suspended and the
corrective measures that are required to be taken for the
suspension to be removed.
(3) (a) The licencee shall carry out the corrective
measures or steps specified in the notification prior to the
expiry of the period of suspension.
(b) Where the licencee is unable to complete the measures
or steps specified before the expiry of the period of
suspension, the licencee may request in writing for further
time to carry out the same, and the Council may grant further
time where it considers it appropriate in the circumstances.
(4) Where the Council is satisfied that the measures or
steps required have been carried out by the licencee
satisfactorily, the Council shall remove the suspension
imposed.
(5) A person who continues to conduct a practice after
the receipt of a notification issued by the Council under
subsection (1) and prior to the removal of suspension under
subsection (4), shall commit an offence and be liable on
conviction after summary trial before a Magistrate, to a fine
not exceeding three million rupees or to an imprisonment
for a term not exceeding seven years or to both such fine and
imprisonment.
35. (1) A person aggrieved by the refusal to issue a Appeal against a
suspension or a
licence or by the suspension or cancellation of a licence cancellation of a
issued or the refusal to renew a licence, may appeal to the licence.
28 Sri Lanka Atomic Energy
Act, No. 40 of 2014
Secretary to the Ministry of the Minister (hereinafter referred
to as the “Secretary”) against the decision of the Council,
within one month of the date on which the decision was
communicated to such person.
(2) An appeal made against a suspension or a cancellation
of a licence, shall not in any way have the effect of setting
aside such suspension or the cancellation, and the person
concerned shall not conduct the practice which has been
suspended or cancelled, until a determination on such appeal
is made by the Secretary under section 37.
Appointment of 36. (1) The Secretary shall within one month of the
an Appeals receipt of any appeal, appoint an Appeals Committee to
Committee to
hear and inquire into such appeal, consisting of the following
hear an appeal.
members :-
(a) one person who possess postgraduate qualification
in nuclear technology, who shall be the Chairman
of the Appeals Committee;
(b) one person having experience in the field of
radiation protection; and
(c) one person with legal qualifications.
(2) A person shall not be qualified to be appointed a
member of an Appeals Committee, if such person is-
(a) the holder of a licence issued by the Council; or
(b) has any direct or indirect pecuniary or other interest
in the subject matter of the appeal to be inquired
into by the Appeals Committee.
(3) In the event a member finds that he has any direct or
indirect interest in the subject matter of the appeal after
being appointed as a member of the Appeals Committee, it
shall be the duty of such member to immediately inform the
Secretary of such fact and the Secretary shall forthwith
appoint another person to replace the member concerned.
Sri Lanka Atomic Energy 29
Act, No. 40 of 2014
(4) (a) The Appeals Committee shall grant the parties to
the appeal an opportunity of being heard and shall be required
within two months of the date of the commencement of the
hearing of the appeal, to conclude its hearing and to submit
a report to the Secretary containing its findings and
recommendations on the appeal.
(b) In the event that the Committee is unable to complete
its hearing within the time specified, it may request the
Secretary in writing for an extension of time and the Secretary
may grant an extension not exceeding one month.
(5) The members of the Appeals Committee shall be paid
such allowance as may be determined by the Minister in
charge of the subject of Finance.
37. (1) The Secretary shall within two weeks of the Secretary’s
receipt of the report of the Appeals Committee and having determination
considered the recommendations made in the report, make a on an appeal.
determination either allowing or disallowing, the appeal
concerned and direct the Council to give effect to the
decision so made.
(2) The Secretary shall communicate forthwith to all the
parties to the appeal, the determination made on the appeal.
38. (1) Where a person to whom a licence is issued under Termination of a
this Chapter- licence.
(a) dies or where the person concerned is a company or
a partnership, the company or the partnership,
becomes bankrupt;
(b) is adjudged insolvent; or
(c) wishes to discontinue the conduct of the practice
in respect of which the licence was issued, prior to
its expiry,
the licence so issued shall be deemed to have terminated.
30 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(2) Where a licence is deemed to have terminated on the
occurrence of any event specified in subsection (1), it shall
be the duty of the licencee or the next of kin of a licencee
who dies or the partners or the directors of the partnership or
the company, to inform the Council forthwith of such event
and thereafter to take all such action as may become
necessary to comply with any directions that may be issued
by the Council, relating to the management of the radioactive
material or sources connected with the practice conducted
under the licence.
(3) The Council shall release a licencee referred to in this
section of all regulatory obligations imposed under this Act,
when the Council is satisfied that radioactive material or
sources used in the conduct of the practice concerned, cease
to pose a threat to human life or to the environment.
Council to issue 39. The Council may issue directives to any licencee
directives. regarding measures that should be taken to prevent or abate
any damage or detriment being caused to human life and the
environment or to prevent loss of control of safety and security
of sources. The licencee shall comply with any directives so
issued.
Powers and 40. (1) An Authorized Inspector who is generally or
duties of specially authorized in that behalf, may require a licencee
Authorized
or any employee of the licencee, to-
Inspectors.
(a) make available information or any records on the
types and quantities of sources or radioactive
material utilized in the conduct of the practice;
(b) give details of the manner in which and the
locations at which, radioactive or nuclear materials
are stored; or
(c) provide any other information as he or she may
consider necessary, for the due performance of his
or her duties under this Act.
Sri Lanka Atomic Energy 31
Act, No. 40 of 2014
(2) An Authorized Inspector may at any reasonable hour
of the day, either announced or unannounced, enter upon
any premises, building, vessel, vehicle or aircraft :-
(a) where he or she has reasonable grounds to believe
that a practice is being conducted or any radioactive
or nuclear material is being stored or transported or
carried, without obtaining a licence as required by
this Act; or
(b) for the purpose of carrying out an inspection,
investigation or examination or for obtaining any
samples,
and the persons present in such premises, building, vessel,
vehicle or aircraft, shall render all necessary assistance to
the Authorized Inspector in discharging his duties.
(3) A licencee and every employee or agent of such
licencee shall provide all assistance that may be requested
for by an Authorized Inspector, to enter and inspect, examine
and to take samples or carry out any activity in the course of
the performance of his functions under this Act.
(4) Any person who willfully obstruct an Authorized
Inspector or refuses to comply with any request made by
such Inspector in the performance of a duty lawfully entrusted
to such person, shall commit an offence and be liable on
conviction after summary trial before a Magistrate to a fine
not exceeding three hundred thousand rupees or to a term of
imprisonment for a period not exceeding two years or to
both such fine and imprisonment.
(5) The Council shall maintain a record of all inspections
carried out by an Authorized Inspector under this section.
41. (1) Where an Authorized Inspector has reasonable Power to direct
grounds to believe that a practice for which a licence has the removal of
sources.
been issued, is being carried out in a manner which poses an
immediate risk of injury to persons or substantial damage to
property or the environment, such Inspector may cause the
premises where such practice is being conducted to be sealed.
32 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(2) In the event of the sealing of any premises under this
section, the Authorized Inspector shall forthwith inform the
Council of such fact.
(3) The Council shall within seven days of a sealing
carried out under subsection (1), make an application to the
Magistrate’s Court, and obtain an order confirming the
sealing that was carried out.
(4) Where an Authorized Inspector has reasonable
grounds to believe that any source is insecure and the security
of such source may be affected by external influence, he
may direct the licencee to remove such sources to a more
secure location, as shall be proposed by the Council.
CHAPTER IV
SAFETY AND SECURITY OF SOURCES
Categorization 42. (1) The Council shall based on internationally
of radioactive recognized guidelines, adopt a system of categorization of
sources. radioactive sources depending on the potential injury that
could be caused to people and to the environment, if such
sources are not safely managed or securely protected.
(2) A Notification of any categorizations carried out under
subsection (1), shall be published in the Gazette.
Protection of 43. The Council shall take all necessary measures to
information protect the information contained in the national register on
contained in the sources maintained under section 11(d), in order to ensure
national register on
the safety and security of such sources.
sources.
Physical protection 44. The Council shall prescribe the requirements to be
of categories of complied with by licencees for the physical protection of
radioactive sources.
the different categories of radioactive sources and the
measures necessary for the safety and security of such
categories of radioactive sources.
Duty of licencee to 45. (1) Every licencee shall inform the Council
inform the Council immediately of the loss of control over its radioactive sources
of any loss of a
or the occurrence of any other incident in connection with
radioactive source.
its radioactive source, that may pose a significant risk of
injury to persons or substantial damage to property or to the
environment.
Sri Lanka Atomic Energy 33
Act, No. 40 of 2014
(2) A licencee who fails to comply with the duty imposed
by subsection (1) shall commit an offence and be liable on
conviction after summary trial before a Magistrate to a fine
not exceeding three hundred thousand rupees or to
imprisonment for a term not exceeding two years or to both
such fine and imprisonment.
46. The Council shall coordinate with national security National strategy
authorities and any other relevant organizations, to develop on orphan
a national strategy for promptly gaining or regaining control sources.
over orphan radioactive sources.
47. (1) Irradiating apparatus shall not be imported into Import and
or exported from Sri Lanka by any person, except with the export of
written approval of the Council. irradiating
apparatus.
(2) The grant of an approval under subsection (1) for the
export or import of any irradiating apparatus, shall not be
considered as exempting the person concerned from having
to obtain an appropriate licence, where such irradiating
apparatus is to be used, supplied or sold for the purpose of
conducting a practice, for which a licence is required to be
obtained under this Act.
48. (1) Notwithstanding anything contained in any Import or export
other law, no person or authority vested with the power to of radioactive
issue a licence or any other form of approval for the export sources.
or import of any radioactive source, or any devices
containing any such source, to or from Sri Lanka or for the
transit of any such source through Sri Lanka, shall issue
such licence or approval, without obtaining the prior written
approval of the Council for the same.
(2) (a) The Council shall, based on internationally
recognized guidelines specify by rules made in that behalf,
the requirements and procedures to be adopted by the
Council for the grant of an approval under subsection (1).
(b) The rules shall provide for the evaluation of
information in order to assess the capacity and ability of the
person requesting for the approval to ensure the safety and
security of the radioactive source or other device containing
the source, concerned.
34 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(3) Before granting its approval for the issue of a licence
or any other form of approval for the export of radioactive
sources categorized in terms of section 42(1), the Council
shall satisfy itself insofar as practicable, that the importing
country has the appropriate technical and administrative
capability, resources and regulatory structure, to ensure the
safe and secure management of the source concerned.
CHAPTER V
EXPORT AND IMPORT CONTROL OF NUCLEAR AND OTHER
RADIOACTIVE MATERIAL
Controlled 49. (1) The Council shall in compliance with
items. international obligations and commitments of Sri Lanka
including those under the Safeguards Agreement, prepare a
list of nuclear material, equipment and technologies
(hereinafter referred to as the “controlled items”) the import
into and export from Sri Lanka, which shall be subject to
control under this Act.
(2) The Council shall give adequate publicity to the list
so prepared, in such manner as shall be determined by the
Council.
(3) The list shall be published in the Gazette.
Prohibition on 50. (1) Notwithstanding anything contained in any other
export or import law, no approval, authority or permission shall be granted
of controlled for the export from or import into Sri Lanka of any controlled
items without
approval of the item, without the prior written approval of the Council.
Council.
(2) (a) An approval for the purpose of subsection (1) shall
be obtained on application made to the Council for the same,
in such form and on the payment of such fee, as determined
by the Council.
(b) An approval granted shall be subject to such conditions
based on requirements and obligations of Sri Lanka under
the Safeguards Agreement, as may be specified.
Sri Lanka Atomic Energy 35
Act, No. 40 of 2014
(3) The grant of an approval under subsection (1) for the
export or import of any controlled items, shall not be
considered as exempting the person concerned from having
to obtain an appropriate licence, where such controlled item
is to be used, possessed, transported, supplied or sold for the
purpose of conducting a practice, for which a licence is
required to be obtained under this Act.
(4) Any person who imports into or exports from Sri Lanka
any controlled item in contravention of the provisions of
subsection (1) shall commit an offence and on conviction
after summary trial before a Magistrate, be liable, in addition
to any other penalty that may be imposed for committing an
offence under any other law, to a fine not exceeding five
hundred thousand rupees or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.
(5) Where any controlled item is seized by a customs
officer under any provision of the Customs Ordinance,
notwithstanding anything to the contrary contained in that
Ordinance, such customs officer shall be required to inform
the Council of such facts forthwith and the Council shall
have the power to take control of the controlled item so
seized and keep the same in any premises which is under the
control of the Council, to ensure its safety and security.
51. The Council may make such rules as it may deem Council to make
rules for granting
appropriate, that shall guide the Council in granting approval approval for the
for the export and import of any controlled item. export and import
of controlled items.
52. (1) Where any material containing Uranium or Council’s duty in
Thorium which has not reached the stage of the nuclear fuel regard to import
and export of
cycle set out in the Safeguards Agreement, is directly or
nuclear materials.
indirectly exported from Sri Lanka to a Non-Nuclear Weapon
State, the Council shall inform the International Atomic
Energy Agency of its quantity, composition and destination,
unless such radioactive material is exported for any non-
nuclear purpose.
(2) Where any material containing Uranium or Thorium
which has not reached the stage of the nuclear fuel cycle set
out in the Safeguards Agreement, is imported into Sri Lanka,

36 Sri Lanka Atomic Energy
Act, No. 40 of 2014
the Council shall inform the International Atomic Energy
Agency of its quantity and composition, unless such material
is imported for non-nuclear purposes.
Transfer of 53. (1) Where any nuclear material to which the
responsibility in Safeguards Agreement applies, is transferred internationally,
international
the responsibility for such material shall be regarded as being
transfers of
nuclear materials the responsibility of the Council :-
under
Safeguards (a) in the case of any import, from the time such
Agreement. responsibility ceases to lie with the exporting State,
and no later than the time at which the nuclear
material reaches Sri Lanka; and
(b) in the case of any export, up to the time at which
the recipient State assumes such responsibility and
no later than the time at which the nuclear material
reaches its destination.
(2) The Council shall not be deemed to have any
responsibility for nuclear material merely by reason of the
fact that such material is in transit on or over its territory or
its territorial waters or that such material is being transported
under its flag or in any of its aircrafts.
(3) For the purpose of subsection (1), the point at which
the responsibility of the Council shall cease in regard to the
import into or the export from Sri Lanka of any nuclear
material, shall be as determined by the Council, in
compliance with the Safeguards Agreement.
CHAPTER VI
RADIOACTIVE WASTE
National policy 54. The Minister shall formulate a National Policy on
and strategy. Radioactive Waste Management based on international
norms.
Safety and 55. (1) The primary responsibility for ensuring the
security of safety and security of radioactive waste throughout its life,
radioactive
waste. shall rest with the holder of the relevant licence.
Sri Lanka Atomic Energy 37
Act, No. 40 of 2014
(2) A licencee who fails to fulfill the responsibility
imposed by subsection (1), shall commit an offence and be
liable on conviction after summary trial before a Magistrate,
to a fine not exceeding five hundred thousand rupees or to
imprisonment for a term not exceeding three years or to both
such fine and imprisonment.
56. (1) Radioactive waste generated outside the Import of
radioactive
Republic of Sri Lanka shall not be imported into the country,
waste.
unless a determination has been made by the Minister in
consultation with the Council, that the import would be in
the national interest and prior written approval for the same
has been granted by the Council.
(2) Any person who acts in contravention of the
provisions of subsection (1) shall commit an offence and be
liable on conviction after summary trial before a Magistrate,
to a fine not exceeding one million rupees or to imprisonment
for a term not exceeding five years or to both such fine and
imprisonment.
57. (1) No person shall export radioactive waste Export of
generated within the Republic of Sri Lanka, without the radioactive
waste.
prior written approval of the Council and the consent of the
importing country.
(2) The Council shall not grant approval for the export of
radioactive waste to a destination South of latitude 60 degree,
for storage or disposal purposes.
(3) Any person who acts in contravention of the
provisions of subsection (1) shall commit an offence under
this Act and be liable on conviction after summary trial
before a Magistrate, to a fine not exceeding one million
rupees or to imprisonment for a term not exceeding five
years or to both such fine and imprisonment.
38 Sri Lanka Atomic Energy
Act, No. 40 of 2014
CHAPTER VII
NATIONAL NUCLEAREMERGENCY PLAN
National Plan 58. (1) The Council shall, in accordance with the
for nuclear or
provisions of the Sri Lanka Disaster Management Act,
rediological
emergencies. No. 13 of 2005, develop a National Nuclear or Radiological
Emergency Management Plan (hereinafter referred to as the
“Emergency Management Plan”) for responding to potential
nuclear or radiological emergencies at national level.
(2) The provisions of the Sri Lanka Disaster Management
Act, No. 13 of 2005 shall apply in regard to the adoption of
the Emergency Management Plan.
(3) The Council shall assist and advice the Disaster
Management Centre established under section 8 of the
Sri Lanka Disaster Management Act, No. 13 of 2005, in the
implementation of the Emergency Management Plan, during
any intervention carried out by such Centre, in the event of
any nuclear or radiological emergency.
Trans boundary 59. (1) In the event a nuclear or radiological emergency
emergencies.
occurs within Sri Lanka which poses a risk that radioactive
contamination could spread beyond the boundaries of the
Republic of Sri Lanka, the Council shall immediately
notify such emergency to the International Atomic Energy
Agency and to any relevant authorities of any State
which may be physically affected by such contamination.
(2) The Council shall serve as the point of contact for
providing any information or assistance regarding nuclear
or radiological emergencies in terms of any relevant
international instruments, including the Convention on
Early Notification of a Nuclear Accident and the Convention
on Assistance in the Case of a Nuclear Accident or
Radiological Emergency.
Sri Lanka Atomic Energy 39
Act, No. 40 of 2014
CHAPTER VIII
SAFEGUARDS
60. The Council shall ensure that Sri Lanka’s Council to
obligations assumed under the Safeguards Agreement, are ensure due
compliance of
complied with and that all necessary assistance is provided Safeguards
to ensure due compliance of such agreement. Agreement.
61. All nuclear activities in Sri Lanka shall be carried Nuclear
out exclusively for peaceful purposes and in compliance activities to be
exclusively for
with the relevant international obligations of Sri Lanka peaceful
relating to the same. purposes.
62. (1) Nuclear weapons and other nuclear explosive Prohibition on
devices, the direct or indirect control over such weapons or nuclear weapons
and other
devices, the manufacture or acquisition of such weapons or
explosive
devices and participating in, seeking, giving or receiving devices.
any assistance in their manufacture, is prohibited in
Sri Lanka.
(2) No person shall :-
(a) carry out research in, develop, acquire, manufacture,
possess, store, transport, transfer or use, nuclear
weapons;
(b) carry out research in, develop, acquire, manufacture,
possess, store, transport, transfer or use, nuclear
material for the purpose of making nuclear
weapons;
(c) participate in, assist in or finance any of the
activities specified in paragraph (a) or (b) above.
(3) Any person who acts in contravention of subsection
(1) or subsection (2) shall commit an offence and on
conviction by the High Court, be liable to imprisonment for
a term not exceeding twenty years.
40 Sri Lanka Atomic Energy
Act, No. 40 of 2014
CHAPTER IX
PHYSICAL PROTECTION OF NUCLEAR MATERIAL AND OTHER
RADIOACTIVE MATERIAL
Requirements 63. (1) The Council shall establish requirements for the
for physical physical protection of nuclear material and other radioactive
protection of
material, including :-
nuclear material
and other
radioactive (a) a categorization of nuclear material and radioactive
material. material based on an assessment of the damage that
could result from theft or diversion of a certain type
and quantity of material from licensed uses or from
sabotage of a facility in which nuclear material and
other radioactive material are produced, processed,
used, handled, stored or disposed of;
(b) protection and security measures necessary for
different categories of nuclear material and other
radioactive material; and
(c) accounting and control measures for nuclear
material and other radioactive material.
(2) The requirements established under subsection (1)
shall be published in the Gazette.
Physical 64. (1) Where there has been a theft, a robbery or an
protection, attempt of a theft or robbery or a loss of nuclear material or
responsibilities
other radioactive material belonging to a licencee, such
of the licencee.
licencee shall –
(a) notify the Council forthwith of the incident and
the circumstance thereof;
(b) provide a written report to the Council, including
particulars of nuclear material or other radioactive
material stolen or lost, as soon as practicable after
giving the notice;
Sri Lanka Atomic Energy 41
Act, No. 40 of 2014
(c) provide any additional information as may be
required by the Council; and
(d) take all necessary measures to ensure safety and
confidentiality of sensitive information.
(2) A licencee who fails to comply with the requirements
imposed by subsection (1), shall commit an offence and on
conviction after summary trial before a Magistrate be liable
to a fine not exceeding five hundred thousand rupees or to
be liable to imprisonment for a term not exceeding two years
or to both such fine and imprisonment.
65. (1) Where a theft, a robbery or an attempt of a theft International
or robbery or loss of any nuclear material or other radioactive cooperation and
assistance.
material has taken place within the Republic of Sri Lanka,
the Council shall as soon as possible inform other States or
international organizations, that may be affected as a result
of such incident.
(2) In the event of a theft or a robbery or loss of any
nuclear material or other radioactive material, the Council
shall in coordination with other relevant departments and
agencies, take all appropriate steps necessary for the recovery
of the same.
(3) The Council shall provide information on incidents
involving the theft, robbery or the attempt of a theft or
robbery or loss of any nuclear material or other radioactive
material, to the International Atomic Energy Agency under
such arrangements that are established by that Agency.
66. (1) Whoever who:- Unlawful handling
of radioactive
material or nuclear
(a) commits, aids and abets or attempts to commit a
material or a
theft or robbery of any nuclear material or other device containing
radioactive material or a device containing nuclear radioactive
material or other radioactive material;or material or nulear
material to be an
offence.
42 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(b) misappropriates, aids and abets or attempts to
misappropriate any nuclear material or other
radioactive material or a device containing nuclear
material or other radioactive material; or
(c) does, aids and abets or attempts to do any act which
constitutes the carrying, sending or moving of
nuclear material or other radioactive material into
or out of Sri Lanka without lawful authority,
shall commit an offence and be liable on conviction after
summary trial before a Magistrate to a fine not exceeding
three million rupees or to imprisonment for a term not
exceeding seven years or to both such fine and imprisonment.
(2) Whoever receives, possesses, transfers, transports,
alters, uses or disposes of nuclear material or other radioactive
material or possesses a device containing any such material,
as the case may be with the intent of causing death or serious
bodily injury to any person or causing substantial damage
to property or to the environment, shall commit an offence
and be liable on conviction by the High Court, to a fine not
exceeding ten million rupees or to imprisonment for a term
not exceeding twenty years or to both such fine and
imprisonment.
(3) Whoever without lawful authority receives, possesses,
transfers, transports, alters, uses or disposes of nuclear material
or other radioactive material or possesses a device containing
any such material, as the case may be which causes or is
likely to cause death or serious injury to any person or causes
or likely to cause substantial damage to property or the
environment, shall commit an offence and on conviction by
the High Court be liable to a fine not exceeding ten million
rupees or to imprisonment for a term not exceeding twenty
years or to both such fine and imprisonment.
Sri Lanka Atomic Energy 43
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(4) Whoever commits or attempts to commit an offence
referred to in subsections (1), (2) or (3) or does so in order to
compel any person, an international organization or a State,
either to do or to refrain from doing any act which could
result in posing a threat to the defence or national security
of the country or cause any detriment to public health or
environment, shall commit an offence and shall on
conviction by the High Court, be liable to a fine not
exceeding ten million rupees or to imprisonment for a term
not exceeding twenty years, depending on the gravity of the
nature of the offence committed.
(5) Whoever demands any radioactive material or nuclear
material or a device containing radioactive material or
nuclear material, by threat or by use of force or by any other
form of intimidation, shall commit an offence and
on conviction by the High Court be liable to a fine not
exceeding one million rupees or to imprisonment of a term
not exceeding two years or to both such fine and
imprisonment.
67. Whoever without lawful authority uses or disperses Unlawful use of
radioactive
in any manner any radioactive material or nuclear material
material or
or uses a device containing radioactive material or nuclear nuclear material
material :- or devices
containing such
material to be an
(a) which causes or is likely to cause death or serious offence.
bodily injury to any person or substantial damage
to property or to the environment;
(b) in order to compel any person, an international
organization or a State to do or refrain from doing
any act which could pose a threat to the defence or
national security of the country or cause any
detriment to public health or environment; or
44 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(c) threatens to commit an act referred to in paragraph
(a) or (b),
shall commit an offence and on conviction by the High Court
be liable to imprisonment for a term not exceeding twenty
years.
Using or 68. (1) Whoever uses or damages an irradiation
damaging an installation, interferes with its operation or commits any
irradiation
Installation other act directed against an irradiation installation, in a
which cause a manner which causes the release or risk of a release of
risk of release of radioactive material, with the intent or knowing that such
radioactive act will cause death or serious bodily harm to any person or
material. substantial damage to property or to the environment, shall
commit an offence and shall on conviction by the High Court
be liable to imprisonment for a term not exceeding twenty
years.
(2) Whoever threatens to commit any act referred to in
subsection (1) shall commit an offence and be liable on
conviction to the same punishment as specified in subsection
(1).
CHAPTER X
MINING AND PROCESSING
Protection to be 69. (1) The Council shall by rules made in that behalf,
provided in establish requirements for the protection of workers, the
activities relating
public and the environment, that are required to be complied
to mining and
processing with by all persons who are conducting activities related to
operations. mining or processing operations which generate radioactive
material.
(2) A person who is required to comply with any
requirements established under subsection (1) and who fails
to comply with the same, shall commit an offence and shall
be liable on conviction after summary trial before a
Magistrate, to a fine not exceeding five hundred thousand
rupees or to imprisonment for a term not exceeding two years
or to both such fine and imprisonment.
Sri Lanka Atomic Energy 45
Act, No. 40 of 2014
PART III
CHAPTER XI
STAFF OF THE BOARD AND OF THE COUNCIL
70. For the purposes of this Part (Chapters XI, XII, XIII) Meaning of the
expression
of this Act, the expression “relevant authority” means the “relevant
Board or the Council, as the case may be. authority” used
in this Part.
71. (1) The Minister shall, in consultation with the Appointment of
relevant authority, appoint a person who possesses academic Director-
General.
qualifications and has wide experience:-
(a) in the field of Nuclear Science and Technology, to
be the Director-General of the Board; and
(b) in the field of atomic energy regulatory matters,
radiation safety and security, administration or law,
to be the Director-General of the Council,
(in this Chapter referred to as the “Director-General”) subject
to such terms and conditions as may be determined in the
like manner.
(2) The Director-General who shall be the Chief Executive
Officer of the relevant authority concerned shall subject to
the general directions of such authority be responsible for :-
(a) the administration of the affairs of the relevant
authority, its organization and the exercise and
performance of its powers and functions; and
(b) exercise general control over the officers and
employees of the relevant authority concerned.
(3) The Director-General shall be appointed for such period
as shall be determined by the Minister which shall not exceed
five years from the date of his appointment, and unless
46 Sri Lanka Atomic Energy
Act, No. 40 of 2014
removed from office may be re-appointed by the Minister in
consultation with the relevant authority concerned, taking
into consideration his performance as the Director-General
during the tenure of such office.
(4) In the event an officer of the relevant authority is
appointed as its Director-General, such officer shall be
released from the post such officer was holding at the time of
being appointed as the Director-General, for the period during
which he will hold office as the Director-General.
(5) (a) The Director-General may with the written approval
of the relevant authority, delegate in writing to any officer
of the relevant authority, such of his powers and functions
as he may, consider necessary.
(b) The officer to whom any such power or function is
delegated shall exercise or perform the same subject to the
directions of the Director-General.
(6) The Director-General shall attend meetings of the
relevant authority concerned but shall not have a right to
cast a vote at any such meeting.
Removal of the 72. (1) The Minister may, on the recommendation of the
Director- relevant authority may after holding an appropriate inquiry,
General. remove the Director-General from his office :
(a) if he becomes permanently incapable of performing
the duties and functions of his office;
(b) if he has done any act which is manifestly opposed
to the objectives of the relevant authority concerned
or has acted in a manner which is detrimental to the
interests of such authority;
(c) has failed to comply with any directions issued by
the relevant authority.
(2) Where a Director-General is removed from office under
subsection (1), such officer shall not as of right be entitled to
Sri Lanka Atomic Energy 47
Act, No. 40 of 2014
revert to the post such officer was holding at the time of
being appointed as Director-General.
73. (1) The relevant authority may appoint such officers Appointment of
and servants to the staff of the relevant authority, as it the staff of the
relevant
considers expedient, subject to such terms and conditions of authority.
service as may be determined by the relevant authority,
including disciplinary control over such officers and servants.
(2) The officers and servants appointed under subsection
(1) shall be paid such remunerations and other benefits as
shall be determined by the relevant authority, in consultation
with the Minister and with the concurrence of the Minister
assigned the subject of Finance.
(3) The relevant authority shall establish and regulate
provident funds or schemes, for the benefit of its officers and
employees and make contributions to such funds or schemes.
74. (1) At the request of the relevant authority, any officer Appointment of
in the public service may, with the consent of such officer public officers to
the staff of the
and the Public Service Commission, be temporarily appointed
relevant
to the staff of the relevant authority for such period as may be authority.
determined by the relevant authority, or with like consent be
appointed permanently to such staff.
(2) Where any officer in the public service is temporarily
appointed to the staff of the relevant authority, the provision
of section 14(2) of the National Transport Commission Act,
No.37 of 1991, shall mutatis mutandis, apply to and in relation
to such officer.
(3) Where any officer in the public service is permanently
appointed to the staff of the relevant authority, the provision
of section 14(3) of the National Transport Commission Act,
No.37 of 1991, shall mutatis mutandis, apply to and in relation
to such officer.
(4) Where the relevant authority, employs a person who
has entered into a contract with the Government for a
48 Sri Lanka Atomic Energy
Act, No. 40 of 2014
specified period, any period of service to the relevant author-
ity shall be regarded as service to the Government for the
purpose of discharging the obligations of such contract.
CHAPTER XII
FINANCES OFTHE RELEVANT AUTHORITY
Fund of the 75. (1) The relevant authority shall have its own Fund,
relevant to which shall be credited –
authority.
(a) all such sums of money as may be voted upon by
Parliament from time to time for the use of the
relevant authority concerned;
(b) all such sums of money as may be received by the
relevant authority in the exercise, discharge and
performance of their powers, functions and duties
under this Act;
(c) subject to the provisions of subsection (2), all such
sums of money as may be received by the relevant
authority by way of loans, donations, gifts, bequests
or grants from any source whatsoever, whether within
or outside Sri Lanka:
Provided that, the relevant authority shall
obtain the prior written approval of the Department
of External Resources of the Ministry of the Minister
assigned the subject of Finance, in respect of all
foreign loans, grants, gifts and donations made and
all loans, donations, gifts, bequests and grants
received from any source within Sri Lanka shall be
credited to the Consolidated Fund and shall
thereafter, with the approval of the Parliament, be
credited to the fund of the relevant authority; and
(d) all such sums of money as may be received by the
relevant authority by way of fees or charges made
under this Act.
Sri Lanka Atomic Energy 49
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(2)A relevant authority shall not receive by way of a loan,
donation, gift, bequest or grant, any sum of money from a
licencee or any other person or a body of persons, which can
compromise the independence of such relevant authority or
interfere with the discharge of any regulatory function or the
performance of any duty under this Act.
(3) There shall be paid out of the Fund of the relevant
authority, all such sums of money as are required to defray
the expenditure incurred by the relevant authority in the
exercise, discharge and performance of the powers and func-
tions of the relevant authority under this Act.
76. (1) A relevant authority shall cause proper books of Audit of
accounts to be kept of its assets and liabilities, income and accounts of a
relevant
expenditure and all other transactions of such relevant au-
authority.
thority.
(2) The financial year of a relevant authority shall be the
calendar year.
(3) The provisions of Article 154 of the Constitution shall
apply to and in regard to the audit of accounts of a relevant
authority.
(4) The provisions of Part II of the Finance Act, No. 38 of
1971, shall mutatis mutandis apply to and respect of the
financial control and accounts of a relevant authority.
CHAPTER XIII
MISCELLANEOUS
77. (1) A member of the relevant authoritywho is directly Disclousure of
or indirectly interested in any contract made or proposed to interest in any
contract made or
be made by such relevant authority, is required as soon as
proposed to be
possible after such fact comes to his knowledge, to disclose made by the
the nature of the interest at a meeting of the relevant authority. relevant
authority.
(2) Any disclosure made by a member of the relevant
authority under subsection (1), shall be recorded in the
50 Sri Lanka Atomic Energy
Act, No. 40 of 2014
minutes of the meeting of such relevant authority, and the
member concerned shall-
(a) not take part in any deliberation or decision of the
relevant authority with respect to the contract to
which such disclosure relates; and
(b) be disregarded for the purpose of constituting a quo-
rum for a meeting of the relevant authority, where
such deliberation or decision is to be taken.
Acquisition of 78. Where any land is required for any purpose of the
land for a relevant authority, such purpose shall for the purpose of the
relevant
Land Acquisition Act (Chapter 460), be deemed to be a public
authority.
purpose and the land may accordingly be acquired under
that Act by the Government for the relevant authority, and
the provisions of that Act shall apply to and in respect of
such acquisition.
Protection of 79. (1) No liability, whether civil or criminal, shall attach
members and to any member or officer of the relevant authority or to any
officers of the
officer authorized by such member or officer, for anything
relevant
authority from which in good faith is done in the performance or exercise of
suit or any function or power imposed or assigned to such relevant
prosecution. authority under this Act.
(2) Any expenses incurred by the relevant authority in
any suit or prosecution brought by or against the relevant
authority before any court, shall be paid out of the Fund of
the relevant authority and any cost paid to or recovered by
the relevant authority in any such suit or prosecution, shall
be credited to the Fund of the relevant authority.
(3) Any expenses incurred by a member or officer of the
relevant authority or by any officer authorized by any such
member or officer, as the case may be, in any suit or
prosecution brought against him before any court in respect
of any act which is done by him under this Act shall, if the
court holds that such act was done in good faith, be paid out
of the Fund of the relevant authority, unless such expenses
are recovered by him in such suit or prosecution.
Sri Lanka Atomic Energy 51
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80. (1)A person shall not, do anything to interfere or Offences and
obstruct any member or officer of the Council or exercise any penalties.
undue influence or coercion on any such member or officer,
in the exercise or performance of any power or function by
such member or officer under this Act.
(2) Any person who-
(a) willfully obstructs or hinders any member or officer
of the relevant authority in the performance,
discharge or exercise of any duty, function or power
under this Act or any rule or regulation made
thereunder;
(b) provides any information required under this Act
or any rule or regulation made thereunder, knowing
such information to be false or misleading in any
material particular; or
(c) acts in contravention or violation of any decision
of the relevant authority or of any provision of this
Act or any rule or regulation made thereunder,
shall commit an offence and shall on conviction after
summary trial before a Magistrate be liable, where no penalty
is expressly provided for such offence by this Act or the rule
or regulation concerned, to a fine not exceeding one hundred
thousand rupees or to a term of imprisonment not exceeding
two years or to both such fine and imprisonment.
81. Where an offence under this Act or any rule or Offences
regulation made thereunder is committed by a body of committed by a
body corporate
persons, then if that body of persons is-
or a partnership.
(a) a body corporate, every director and officer of such
body corporate; or
(b) is a partnership, every partner of such partnership,
shall be guilty of that offence:
52 Sri Lanka Atomic Energy
Act, No. 40 of 2014
Provided that a director or an officer of a body corporate
or a partner of a partnership, as the case may be, shall not be
deemed to be guilty of such offence, if he or she proves to the
satisfaction of the court that such offence was committed
without his knowledge or that he or she exercised all due
diligence as was necessary, to prevent the commission of
such offence.
Declaration of 82. (1) Every member, of the relevant authority, every
secrecy. committee, an Advisory Committee and Appeals Committee
established under this Act, and every expert, Authorized
Inspector and all officers of the relevant authority, shall,
before entering upon his duties, sign a declaration pledging
himself, to observe strict secrecy respecting all matters
connected with the working of the relevant authority, and
shall by such declaration pledge himself not to reveal any
information which may come to his knowledge in the
performance or discharge of his duties or functions under
this Act, except-
(a) in order to comply with any provision of this Act or
any rule or regulation made thereunder or any other
written law; or
(b) when ordered by a court of law.
(2) Nothing in the preceeding provisions of this section
shall be read and construed as authorizing a member, of the
relevant authority, a committee, an Advisory Committee or
an Appeals Committee established under this Act, or an
expert, Authorized Inspector or any officer of the relevant
authority, to reveal any information or to do any act in
contravention of the rights conferred on any person, by or
under the Intellectual Property Act, No. 36 of 2003.
Contravention 83. Every member, of the relevant authority, any
of section 82 to committee, an Advisory Committee and Appeals Committee
be an offence.
established under this Act, and an expert, authorized officer
or any officer of the relevant authority, who acts in
Sri Lanka Atomic Energy 53
Act, No. 40 of 2014
contravention of section 82(1), shall commit an offence and
be liable on conviction after summary trail before a
Magistrate to a fine not exceeding one hundred thousand
rupees or to a term of imprisonment not exceeding one year
or to both such fine and imprisonment.
84. All officers and servants of the relevant authority shall Officers and
be deemed to be public servants within the meaning and for servants of the
the purpose of the Penal Code. relevant authority
deemed to be
public servants.
85. The relevant authority shall be deemed to be a Relevant
scheduled institution within the meaning of the Bribery Act, authority deemed
to be a schedule
and the provisions of the Act shall be construed accordingly. institution for
purposes of
Bribery Act.
86. (1) The Minister may make regulations in respect of Regulations.
all matters which are prescribed under this Act and in respect
of which regulations are authorized to be made.
(2) In particular and without prejudice to the generality of
the powers conferred by subsection (1), the Minister may make
regulations in respect of all or any of the following matters :-
(a) the regulation of the exportation, importation, re-
exportation, storage, mining, processing, designing,
manufacturing, construction, assembling, acquiring,
distribution, selling, leasing, hiring, receiving,
siting, locating, commissioning, possessing,
decommissioning, disassembling, using or
disposing radioactive material or radioactive sources
and of designing, manufacturing, selling. locating,
possessing, using, exporting or importing of
irradiating apparatus;
(b) the decommissioning of irradiation installations;
(c) the protection of radiation workers against harmful
effects of ionizing radiation, including medical
surveillance and occupational exposure of ionizing
radiation;
54 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(d) the protection of general public and the environ-
ment against harmful effects of ionizing radiation;
(e) the regulation of medical practices involving ion-
izing radiation, including protection of patients;
(f) the regulation of radioactive waste management,
including release of waste into the environment and
any practice which may affect public health and
safety;
(g) the security of radioactive sources and controlled
items; and
(h) the formulation of a compensation scheme for the
payment of compensation to radiation workers for
any injury, illness or damage caused due to
exposure to ionizing radiation.
(3) Every regulation made by the Minister, shall be
published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified in such regulation.
(4) Every regulation made by the Minister shall as soon as
convenient after its publication in the Gazette, be brought
before Parliament for its approval. Any regulation which is
not so approved shall be deemed to be rescinded as from the
date of such disapproval, but without prejudice to anything
previously done thereunder.
(5) A notification of the date on which any regulation
shall be deemed to be rescinded, shall be published in the
Gazette.
Rules. 87. (1) The Council may make rules in respect of all or
any matter for which rules are authorized or required to be
made under this Act, and in particular in regard to the following
matters:-
(a) requirements to be complied with for the transport
of radioactive material and radioactive waste to,
Sri Lanka Atomic Energy 55
Act, No. 40 of 2014
from and within the Republic of Sri Lanka, which
shall:-
(i) include a categorization of radioactive
material that takes into account the potential
hazard posed by types, quantities and activity
levels of such radioactive material;
(ii) conform to the International Atomic Energy
Agency regulations on safe transport of
radioactive material;
(iii) include measures for the physical protection
of radioactive material consistent with the
standards laid down by the International
Atomic Energy Agency;
(b) the specification of exclusions recommended by the
International Atomic Energy Agency;
(c) preparedness and response to nuclear or radiological
emergency situations;
(d) criteria for qualifications of radiation workers;
(e) the establishment of concentration levels of
radioactivity in food and any other material used
by the general public;
(f) the establishment of concentration levels of
radioactivity above which food and other items used
by the general public shall be prohibited to be
imported to or produced or marketed in Sri Lanka;
(g) the development of policies, standards and codes of
conduct in regard to radiation protection, safety and
security of sources, including peaceful use of nuclear
technology; and
56 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(h) requirements deemed necessary to give effect to the
Safeguards Agreement, in respect of which no
specific provisions are made by or under this Act.
(2) Every rule made by the Council, shall be published in
the Gazette and shall come into operation on the date of such
publication or on such later date as may be specified in such
rule.
(3) Every rule made by the Council shall as soon as
convenient after its publication in the Gazette, be brought
before Parliament for its approval. Any rule which is not so
approved shall be deemed to be rescinded as from the date of
such disapproval, but without prejudice to anything
previously done thereunder.
(4) A notification of the date on which any rule shall be
deemed to be rescinded, shall be published in the Gazette.
Interpreation. 88. In this Act, unless the context otherwise requires :-
“ambient dose equivalent rate H*(d)” means the
dose equivalent that would be produced by
the corresponding aligned and expanded field
in the ICUR sphere at a depth d on a radius
opposing the direction of the aligned field
with in a given period of time;
“accident” means any unintended event including
operating errors, equipment failures and other
mishaps, the consequences or potential
consequences of which are not negligible from
the point of view of protection and safety;
“decommissioning” means actions that are taken at
the end of the operating lifetime of an
irradiation installation to retire it from service,
with due regard to the health and safety of
Sri Lanka Atomic Energy 57
Act, No. 40 of 2014
workers and members of the public and the
protection of the environment, including safe
removal and disposition of the sources;
“directional dose equivalent rate” means the dose
equivalent that would be produced by the
corresponding expanded field in the ICRU
sphere at a depth d on a radius in a specified
direction Ω within a given period of time;
“effective dose” means the quantity E, defined as a
summation of all the tissue equivalent doses,
each multiplied by the appropriate tissue
weighting factor:
E= 3 wT. HT
where HT is the equivalent dose in tissue T and wT
is the tissue weighting factor for tissue T;
“exposure” means the act or condition of being
subject to irradiation by ionizing radiation,
and can be either external exposure
(irradiation by ionizing radiation by sources
outside the body) or internal exposure
(irradiation by ionizing radiation by sources
inside the body);
“facility” means any irradiation installation, mining
and raw material processing sites such as
uranium mines, radioactive waste
management sites and any other places where
radioactive material is produced, processed,
used, handled, stored or disposed of on such
a scale that consideration of protection and
safety is required;
“fissionable material” means Uranium-233,
Uranium-235, Plutonium-239, Plutonium-241
58 Sri Lanka Atomic Energy
Act, No. 40 of 2014
or any combination of these radionuclide,
other than –
(a) natural uranium or depleted Uranium
which is unirradiated; and
(b) natural uranium or depleted Uranium
which has been irradiated in thermal
reactors only;
“High Court” means the High Court of Sri Lanka,
holden in the Judicial Zone of Colombo
designated by the Minister with the
concurrence of the Chief Justice, by Order
published in the Gazette;
“incident” means any unintended event including
operating errors, equipment failures, initiating
events, accident precursors, near misses or
other mishaps or unauthorized act malicious
or non-malicious, the consequences or
potential consequences of which are not,
negligible from the point of view of protection
or safety from ionizing radiation;
“ionizing radiation” means radiation capable of
producing ion pairs in biological material;
“irradiating apparatus” means any system in which
charged particles are accelerated in a vacuum
through a potential difference of more than
five kilovolts (whether in one or more steps),
except an apparatus in which the only such
generator is a cathode ray tube or visual
display device, which under normal operating
conditions, does not cause an instantaneous
absorbed dose rate of more than 5 micro gray
per hour at a distance of 50 millimeters from
any accessible surface. All type of X-ray
Sri Lanka Atomic Energy 59
Act, No. 40 of 2014
machines and charged particle accelerators are
considered to be irradiating apparatus;
“irradiation installation” means a structure or an
installation that houses a particle accelerator,
X-ray apparatus or large radioactive sources
and that can produce high radiation fields
properly designed structures providing shield-
ing and other protection and are equipped with
safety devices such as inter-locks which pre-
vent inadvertent entry into the high radiation
field and includes installations for external
beam radiation therapy, installation for steril-
ization or preservation of commercial prod-
ucts and some installations for industrial ra-
diography;
“licence” means a licence issued by the Council
granting authorization to conduct of a
practice, which is not a practice exempted
under section 19 of this Act;
“licencee” means the holder of a licence;
“Minister” means the minister to whom the
implementation of the provisions of this Act
is assigned;
“nuclear material” means any source, material or
any special fissionable material;
“nuclear or radiological emergency” means an
emergency in which there is or is perceived
to be a hazard, due to :-
(a) the energy resulting from a nuclear
chain reaction or from the decay of the
products of a chain reaction; or
(b) radiation exposure;
60 Sri Lanka Atomic Energy
Act, No. 40 of 2014
“nuclear weapons” means an explosive device that
derives its destructive force from nuclear
reaction, either fission or combination of
fission or fusion;
“over exposure” means any exposure of a person to
ionizing radiation so as that the dose received
by that person is in excess of the relevant dose
limits as are prescribed;
“practice involving ionizing radiation” means any
human activity that introduces additional
sources of exposure or exposure pathways or
extends exposure to additional people or
modifies the network of exposure pathways
from existing sources, in a way that increases
the exposure or the likelihood of exposure of
people or the number of people exposed;
“radiation protection” means the protection of
people from the effects of exposure to ionizing
radiation and the means for achieving this;
“radiation worker” means any person who is
employed full time or part time or in a
temporary capacity, for an employer who is
responsible for ensuring the protection of such
person from radiation, while being so
employed;
“radioactive material” means any material emitting
ionizing radiation which is subject to the
regulatory control of the Council;
“radioactive source” means radioactive material that
is permanently sealed in a capsule or closely
bounded in a solid form and which is not
exempted from regulatory control and also
means any radioactive material released if the
radioactive source is leaking or broken;
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“radioactive waste” means material in whatever
physical form, remaining from practices or
interventions that contains or is contaminated
with radioactive material and has a
radioactivity or radioactivity concentration
higher than the level set for clearance from
regulatory requirements and for which no
further use is foreseen;
“Safeguards Agreement” means the Agreement
between the Democratic Socialist Republic
of Sri Lanka and the International Atomic
Energy Agency for the application of
safeguards in connection with the Treaty on
the Non-Proliferation of Nuclear Weapons,
which entered into force on 06th August 1984
and any protocol thereto;
“safety” means the protection of people and the
environment against ionizing radiation risks
and the safety of facilities and activities that
give rise to radiation risks;
“security” means the prevention and detection of
and response to, theft, sabotage, unauthorized
access, illegal transfer or other malicious acts
involving nuclear or other radioactive
material or their facilities;
“source” means anything that may cause radiation
exposure by emitting ionizing radiation or
releasing radioactive material;
“source material” means uranium containing the
mixture of isotopes occurring in the nature,
uranium depleted in isotope 235, thorium and
any of the foregoing in the form of metal,
alloy, chemical compound or concentrate, any
other material containing one or more of the
foregoing in such concentration as
determined by the Council from time to time;
62 Sri Lanka Atomic Energy
Act, No. 40 of 2014
“special fissionable material” means plutonium-
239, uranium-233; uranium enriched in the
isotopes 235 or 233, any material containing
one or more of the foregoing and such other
fissionable material as the Council shall
determine from time to time, but shall not
include source material; and
“uranium enriched in the isotopes 235 or 233”
means uranium containing the isotopes 235
or 233 or both in an amount such that the
abundance ratio of the sum of these isotopes
to the isotope 238 is greater than the ratio of
the isotope 235 to the isotope 238 occurring
in the nature.
Sinhala text to 89. In the event of any inconsistency between the
prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.
PART IV
CHAPTER XIV
REPEALS AND SAVING
Repeal of Act 90. (1) The Atomic Energy Authority Act, No.19 of 1969
No. 19 of 1969
(hereinafter in this Act referred to as the repealed Act) is
and saving
provisions. hereby repealed.
(2) Notwithstanding the repeal of the Atomic Energy
Authority Act, No.19 of 1969 :-
(a) all members of the Atomic Energy Authority holding
office on the date preceding the appointed date,
shall with effect from the appointed date be deemed
to become members of the Board and shall hold
office as such members during the balance period
left of the term of office for which they were
appointed as members of the Authority;
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(b) all movable and immovable property which on the
date preceding the appointed date belonged to the
Atomic Energy Authority shall, with effect from the
appointed date, vest in the Board or the Council, as
the case may be, as shall be determined by the
Minister;
(c) all contracts and agreements entered into, by or with
the Atomic Energy Authority and subsisting on the
date preceding the appointed date, shall be deemed
with effect from the appointed date, to become
contracts and agreements entered into, by or with
the Board or the Council, as the case may be, as
shall be determined by the Minister;
(d) all such sums of money lying to the credit of the
funds of the Atomic Energy Authority on the date
preceding the appointed date, shall be transferred
to the Fund of the Board or the Fund of the Council,
as the case may be, as shall be determined by the
Minister;
(e) all permits, memoranda of understanding or
memoranda of cooperation issued by the Atomic
Energy Authority and which is in force on the date
preceding the appointed date, shall be deemed with
effect from the appointed date, to be permits,
memoranda of understanding or memoranda of
corporation respectively, issued or entered into by
the Board or the Council, as the case may be, as
shall be determined by the Minister;
(f) all actions and proceedings instituted by or against
the Atomic Energy Authority and pending on the
date preceding the appointed date, shall be deemed
with effect from the appointed date, to be actions
and proceedings instituted by or against the Board
or the Council, as the case may be, and may be
continued and completed accordingly;
64 Sri Lanka Atomic Energy
Act, No. 40 of 2014
(g) the officers and servants of the Atomic Energy
Authority holding office on the date preceding the
appointed date, shall, with the consent of the officer
or servant concerned and the Board or the Council,
as the case may be, deemed with effect from the
appointed date, to become officers or servants of
the Board or Council, as the case may be, on terms
not less favourable than their terms of employment
in the Atomic Energy Authority;
(h) all judgments and orders made in favour or against
the Atomic Energy Authority and remaining
unsatisfied on the date preceding the appointed date,
shall be deemed with effect from appointed date to
be judgments and orders made in favour or against
the Board or the Council, as the case may be,
depending on to whom the function or duty
connected with or relating to the subject matter of
such judgment or order has been assigned under
this Act and may be enforced accordingly;
(i) all interests, rights, assets, obligations, debts and
liabilities of the Atomic Energy Authority exiting
on the date preceding the appointed date, shall be
deemed with effect from the appointed date, to be
interests, rights, assets, obligations, debts and
liabilities of the Board or the Council, as the case
may be, depending upon to whom the function or
duty connected with or relating to the subject matter
of such interests, rights, assets, obligations, debts
and liabilities, as the case may be, has been assigned
under this Act; and
(j) all regulations made under the repealed Act and in
force on the date proceeding the appointed date
and which are not inconsistent with the provisions
of this Act, shall be deemed with effect from the
appointed date to be regulations made under this
Act and may accordingly be amended or rescinded
by the regulation made under this Act.
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91. (1) Every licence issued by the Atomic Energy Validation of
Authority under the Atomic Energy Authority Act, No. 19 of licence issued
under Act, No.
1969 shall be deemed for a period of six months from the
19 of 1969 and
appointed date, to be a valid licence for the purpose of this consequences.
Act and where such licencee desires thereafter to continue to
conduct a practice under this Act, he shall be required to
make an appropriate application to the Council under this
Act for that purpose, not less than one month prior to the date
of expiry of such six months.
(2) Any person who prior to the appointed date is engaged
in an activity or practice on a licence issued by the Atomic
Energy Authority Act, No.19 of 1969 and who wishes to
cease or discontinue such activity or practice after the
appointed date, shall be required to inform the Council of
such fact in such form as may be prescribed prior to the expiry
of the six months referred to in subsection (1), and the
provisions of subsections (3) and (4) of section 33 of this
Act, shall mutatis mutandis apply to and in respect of the
same.
Schedule [Sections 6(4) and 14(4)]
Provisions relating to members of the Board and of the Council
(1) A person shall be disqualified from being appointed a member
or continuing as a member of the Board or the Council, if such
person :-
(a) becomes a member of Parliament, a member of a Provincial
Council or a member of any local authority;
(b) ceases to be a citizen of Sri Lanka;
(c) has been declared an insolvent or an undischarged bankrupt
under any law;
(d) is found or declared to be of unsound mind under any law in
force in Sri Lanka or any other country;
(e) has been convicted by a court of law in Sri Lanka or any
other country;
(f) (i) is already a member of the Board, at the time of being
appointed as a member of the Council; or
66 Sri Lanka Atomic Energy
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(ii) is already a member of the Council, at the time of being
appointed as a member of the Board; or
(g) in the case of appointment as a member of the Council, if
there is or likely to be a conflict of interest of the functions,
duties of the Council.
(2) The Minister may remove from office a member of the Board or
the Council, where:-
(a) he becomes subject to any of the disqualifications set out in
paragraph (1) of this Schedule;
(b) in the opinion of the Minister, such member has become
permanently incapable of performing his or her duties owing
to any physical disability or unsoundness of mind; or
(c) does any act which in the opinion of the Minister, is likely to
bring the Board or the Council, as the case may be, to
disrepute.
(3) The Chairman or any other member of the Board or the Council,
may resign from such office by letter in that behalf addressed to the
Minister, and the resignation shall become effective from the date of its
acceptance by the Minister in writing.
(4) The office of a member of the Board or the Council, shall
become vacant :-
(a) on his or her death;
(b) on the expiry of seven days from the date on which such
member informs the Minister in writing of his intention of
resigning from such office and upon the acceptance of the
resignation by the Minister in writing;
(c) on removal of such member from office;
(d) if such member absents himself or herself from any two
consecutive meetings of the Board or the Council, as the case
may be, without the prior notification to the Chairman of the
Board or the Council; or
(e) on the termination of his or her term of office as a member.
(5) In the event of the vacation of the office of any appointed
member of the Board or the Council, the Minister shall, in accordance
with the provisions of section 6(1) or section 13(1), appoint another
person to hold such office for the unexpired term of office of the
member whom he succeeds.
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(6) (a) Where a member of the Board or the Council, is temporarily
unable to discharge his or her duties due to ill health, absence from Sri
Lanka or for any other cause, the Minister may, on the recommendation
of the Board or of the Council, appoint another person to act in place of
such member during his absence.
(b) Where the Chairman of the Board or the Council, is temporarily
unable to discharge his duties due to ill health, absence from Sri Lanka
or for any other cause, the Minister shall appoint another member of
the Board or of the Council, to act in place of such Chairman during his
absence.
(7) The Members of the Board or the Council, shall be paid such
remuneration as shall be determined by the Minister in charge of the
subject of Finance.
(8) (a) The Board or the Council, as the case may be, shall meet at
least once in every month or as often as may be necessary.
(b) The quorum for any meeting of the Board shall be five members,
while the quorum for any meeting of the Council shall be three members.
(c) The Chairman of the Board or the Council shall preside at all
meetings of the Board or the Council, and in the absence of the Chairman
at any such meeting, the members present shall elect from amongst the
members present, a member to preside at such meeting.
(d) The Chairman or the person presiding at any meeting of the
Board or the Council, shall in addition to his vote, have a casting vote.
(e) The Board or the Council, may regulate the procedure in regard
to its meetings and the transaction of business at such meetings.
(9) The seal of the Board or of the Council :-
(a) shall be as determined from time to time by the Board or
the Council;
(b) shall be in the custody of such person as the Board or the
Council shall determine;
(c) may be altered in such manner as may be determined by
the Board or the Council; and
(d) shall not be affixed to any document or instrument, except
with the sanction of the Board or of the Council, and in
the presence of the Chairman and one other member of
such Board or the Council, both of whom shall sign such
document or the instrument in token of their presence.

68 Sri Lanka Atomic Energy
Act, No. 40 of 2014
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