Legislative: |
Promulgated on May 19, 2004 by the Atomic Energy Council per its decree No. Hui-Wu-Tzu-0930016030 Amendment of Articles 5 on October 30, 2009 by the Atomic Energy Council per its decree No. Hui-Wu-Tzu-0980017792 |
Content: |
Article 1
This Regulations is enacted pursuant to Paragraph 5 of Article 15 of the Nuclear Material and Radioactive Waste Management Act.
Acticle 2
This Regulations shall apply to the safety management of the possession, use, import, export, transit, transshipment, storge, discard, transfer, transit, transshipment, storage, discard, transfer, lease or pledge of nuclear source material.
Article 3
Prior to possession or use of nuclear source material, the applicant shall prepare an application form describing the following matters, and submit it to the competent authority for approval:
1. Category, quantity, nature state and purpose.
2. Storage place, storage status and accumulated quantity.
3. Other matters announced by the competent authority.
To apply for use of nuclear source material, the application form shall describe the method employed and the operating equipment additionally.
Article 4
The transport of nuclear source material shall conform to the provisions of the Regulations for the Safe Transport of Radioactive Materials, and the consigner shall submit an application form to the competent authority for approval prior to transport.
Article 5
Prior to import of nuclear source material, the applicant shall prepare an application form describing the following matters, and submit it
together with the related certificate of origin issued by the exporting
country for approval:
1. Category, quantity, nature state and purpose.
2. Export organization.
3. Other matters announced by the competent authority.
Application for import permit referred to in the preceding paragraph may be filed together with application for possession or use permit under Article 3.
Article 6
Prior to export of nuclear source material, the operator shall prepare an application form describing the following matters, and submit it to the competent authority for approval:
1. Category, quantity, and nature state.
2. Receiving organization and purpose.
3. Other matters announced by the competent authority.
Article 7
Prior to transit or transshipment of nuclear source material, the applicant shall prepare an application form and submit it together with the following documents to the competent authority for approval:
1. The original of the permit issued by the original exporting country, or its photocopy notarized by notary public.
2. The original of the permit issued by the importing country, or its photocopy notarized by notary public.
3. Transport manifest.
4. Other matters announced by the competent authority.
Without the approval of the competent authority, nuclear source material applying for transit or transshipment may not be unloaded.
Article 8
Prior to storage of nuclear source material, the operator shall prepare an application form describing the following matters and submit it to the competent authority for approval:
1. Category, quantity, nature state and purpose.
2. Storage place and method.
3. Material and accounting records management.
4. Other matters announced by the competent authority.
Where the nuclear source material is to be stored in an approved storage facility, it is not necessary to file application in accordance with the provisions of the preceding paragraph.
Article 9
Prior to discard of nuclear source material, the operator shall prepare an application form describing the following matters and submit it to the competent authority for approval:
1. Category, quantity, nature state and original purpose.
2. Reason for discard.
3. Other matters announced by the competent authority.
Nuclear source material approved for discard shall be handled in accordance with the related regulations governing waste from naturally occurring radioactive materials.
Article 10
Prior to transfer of nuclear source material, the transferee shall prepare an application form describing the following matters, and submit it together with the possess permit of the transferor to the competent authority for approval:
1. Category, quantity, nature state and purpose.
2. Anticipated transfer date.
3.Other matters announced by the competent authority.
Application for transfer referred to in the preceding paragraph shall be filed together with application for possession under Article 3.
Article 11
Prior to lease of nuclear source material, the leaseholder shall prepare an application form describing the following matters, and submit it together with the possess permit of the lessor to the competent authority for approval:
1. Category, quantity, nature state and purpose.
2. Anticipated term of leasehold.
3. Other matters announced by the competent authority.
Application for lease referred to in the preceding paragraph shall be filed together with application for use under Article 3.
Article 12
Prior to pledge of nuclear source material, the pledgee shall prepare an application form describing the following matters, and submit it together with the possess permit of the pledger to the competent authority for approval:
1. Category, quantity, nature state and purpose.
2. Reason for and term of pledging.
3. Other matters announced by the competent authority.
Article 13
Where accident occurs or loss, theft or sabotage is found during the operating process of nuclear source material, the operator or applicant shall notify the competent authority within two hours after the occurrence or finding, and bring forward a written report
within thirty days.
Article 14
Where the operating process referred to in Articles 5 to 7 and Articles 9 to 12 involves transport, the application may be filed together with application for transport under Article 4.
Article 15
The competent authority shall prescribe the formats of the application forms set forth in this Regulations.
Article 16
This Regulations shall be put into practice from the date of promulgation.
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