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Handbook on Nuclear Law : Implementing Legislation / Carlton Stoiber … [Et Al.] 10-11451_P1456_cover.indd 1 2010-09-03 15:00:09 HANDBOOK ON NUCLEAR LAW: IMPLEMENTING LEGISLATION The following States are Members of the International Atomic Energy Agency: AFGHANISTAN GHANA NORWAY ALBANIA GREECE OMAN ALGERIA GUATEMALA PAKISTAN ANGOLA HAITI PALAU ARGENTINA HOLY SEE PANAMA ARMENIA HONDURAS PARAGUAY AUSTRALIA HUNGARY PERU AUSTRIA ICELAND PHILIPPINES AZERBAIJAN INDIA POLAND BAHRAIN INDONESIA PORTUGAL BANGLADESH IRAN, ISLAMIC REPUBLIC OF QATAR BELARUS IRAQ REPUBLIC OF MOLDOVA BELGIUM IRELAND ROMANIA BELIZE ISRAEL RUSSIAN FEDERATION BENIN ITALY BOLIVIA JAMAICA SAUDI ARABIA BOSNIA AND HERZEGOVINA JAPAN SENEGAL BOTSWANA JORDAN SERBIA BRAZIL KAZAKHSTAN SEYCHELLES BULGARIA KENYA SIERRA LEONE BURKINA FASO KOREA, REPUBLIC OF SINGAPORE BURUNDI KUWAIT SLOVAKIA CAMBODIA KYRGYZSTAN SLOVENIA CAMEROON LATVIA SOUTH AFRICA CANADA LEBANON SPAIN CENTRAL AFRICAN LESOTHO SRI LANKA REPUBLIC LIBERIA SUDAN CHAD LIBYAN ARAB JAMAHIRIYA SWEDEN CHILE LIECHTENSTEIN SWITZERLAND CHINA LITHUANIA SYRIAN ARAB REPUBLIC COLOMBIA LUXEMBOURG TAJIKISTAN CONGO MADAGASCAR THAILAND COSTA RICA MALAWI THE FORMER YUGOSLAV CÔTE D’IVOIRE MALAYSIA REPUBLIC OF MACEDONIA CROATIA MALI TUNISIA CUBA MALTA TURKEY CYPRUS MARSHALL ISLANDS UGANDA CZECH REPUBLIC MAURITANIA UKRAINE DEMOCRATIC REPUBLIC MAURITIUS UNITED ARAB EMIRATES OF THE CONGO MEXICO DENMARK MONACO UNITED KINGDOM OF DOMINICAN REPUBLIC MONGOLIA GREAT BRITAIN AND ECUADOR MONTENEGRO NORTHERN IRELAND EGYPT MOROCCO UNITED REPUBLIC EL SALVADOR MOZAMBIQUE OF TANZANIA ERITREA MYANMAR UNITED STATES OF AMERICA ESTONIA NAMIBIA URUGUAY ETHIOPIA NEPAL UZBEKISTAN FINLAND NETHERLANDS VENEZUELA FRANCE NEW ZEALAND VIETNAM GABON NICARAGUA YEMEN GEORGIA NIGER ZAMBIA GERMANY NIGERIA ZIMBABWE The Agency’s Statute was approved on 23 October 1956 by the Conference on the Statute of the IAEA held at United Nations Headquarters, New York; it entered into force on 29 July 1957. The Headquarters of the Agency are situated in Vienna. Its principal objective is “to accelerate and enlarge the contribution of atomic energy to peace, health and prosperity throughout the world’’. HANDBOOK ON NUCLEAR LAW: IMPLEMENTING LEGISLATION CARLTON STOIBER, ABDELMADJID CHERF, WOLFRAM TONHAUSER, MARIA DE LOURDES VEZ CARMONA INTERNATIONAL ATOMIC ENERGY AGENCY VIENNA, 2010 COPYRIGHT NOTICE All IAEA scientific and technical publications are protected by the terms of the Universal Copyright Convention as adopted in 1952 (Berne) and as revised in 1972 (Paris). The copyright has since been extended by the World Intellectual Property Organization (Geneva) to include electronic and virtual intellectual property. Permission to use whole or parts of texts contained in IAEA publications in printed or electronic form must be obtained and is usually subject to royalty agreements. Proposals for non-commercial reproductions and translations are welcomed and considered on a case-by-case basis. Enquiries should be addressed to the IAEA Publishing Section at: Marketing and Sales Unit, Publishing Section International Atomic Energy Agency Vienna International Centre PO Box 100 1400 Vienna, Austria fax: +43 1 2600 29302 tel.: +43 1 2600 22417 email: [email protected] http://www.iaea.org/books © IAEA, 2010 Printed by the IAEA in Austria August 2010 STI/PUB/1456 IAEA Library Cataloguing in Publication Data Handbook on nuclear law : implementing legislation / Carlton Stoiber … [et al.]. — Vienna : International Atomic Energy Agency, 2010. p. ; 24 cm. STI/PUB/1456 ISBN 978–92–0–103910–1 Includes bibliographical references. 1. Text. — 2. Text. — 3. Text. — 4. Text — Safety measures. I. International Atomic Energy Agency. II. Series. 1. Nuclear energy — Law and legislation. 2. Radioactive waste — Safety regulations. 3. Nuclear terrorism. I. International Atomic Energy Agency. IAEAL 10–00645 FOREWORD by Yukiya Amano Director General In 2003, the IAEA published the Handbook on Nuclear Law (the 2003 Handbook), which emphasized that the safe and peaceful uses of nuclear energy in any State can only be ensured with the promulgation and implementation of an effective national legal framework to govern this technology. The IAEA has long been involved in providing assistance to its Member States in developing these frameworks, and demand for such assistance has increased dramatically. Since publication of the 2003 Handbook, requests for IAEA legislative assistance have — if anything — been even more numerous, in large part due to the fact that over sixty Member States that currently do not utilize nuclear energy for the production of electrical power have recently expressed interest in pursuing this option. The current nuclear laws in many of these States are limited to non- power uses of ionizing radiation, such as those utilizing radiation sources for medical, agricultural and industrial purposes. If these States move toward nuclear power development, they will need to adopt legislation consistent with the various relevant international legal instruments covering the field (such as the Convention on Nuclear Safety and the Convention on the Physical Protection of Nuclear Material, among others) and with relevant voluntary guidance documents developed under the aegis of the IAEA. The 2003 Handbook has already made an important contribution to enhancing national capabilities to develop the necessary legal frameworks by setting out the general scheme of nuclear law. However, a number of important developments in nuclear law have occurred since its publication. These developments are discussed in the present volume. Also, over the past six years, representatives of many Member States receiving IAEA legislative assistance have suggested that it would be valuable to develop model texts of legislative provisions covering the key elements needed in a national nuclear law. The present volume provides such model texts, recognizing that they provide only a starting point and basic outline of necessary provisions that will need to be shaped to be consistent with each State’s national approach to legislative drafting, cultural and social norms, economic structure, and the nature of its nuclear programme. I thank those who have been involved in the preparation of this publication. It contains the most up to date and comprehensive guidance for Member States in enhancing their legal and regulatory frameworks for nuclear energy development, and I trust that it will once again provide a valuable resource for them. CONTENTS INTRODUCTION. 1 Background . 1 Scope . 1 Objective . 2 Organization and approach . 2 The three-S (3S) concept . 4 Basic structure of a nuclear law or laws. 4 Relation of laws and regulations . 5 Articles, sections, chapters and numbering . 6 International instruments and national legislation . 7 CHAPTER 1: INITIAL PROVISIONS: TITLE, PREAMBLE, OBJECTIVES, SCOPE, DEFINITIONS . 9 1.1. Background. 9 1.2. Title of the law . 9 1.3. Preamble, statement of considerations, principles . 10 1.3.1. Model preamble . 10 1.4. Objectives or purposes of the law. 11 1.4.1. Model provision on objectives . 12 1.5. Scope. 12 1.5.1. Model provisions on scope for a comprehensive nuclear law . 13 1.5.2. Model provisions on objectives and scope for separate laws . 14 1.6. Definitions. 16 Bibliography for Chapter 1 . 22 CHAPTER 2: THE REGULATORY BODY. 25 2.1. Background: Establishment of the regulatory body . 25 2.1.1. Model provisions on the establishment of a regulatory body . 27 2.2. Human and financial resources. 28 2.2.1. Model provisions on human and financial resources . 29 2.3. Regulatory functions. 29 2.3.1. Model provisions on regulatory functions . 30 2.4. Advisory bodies and consultants . 32 2.4.1. Model provisions on advisory bodies and consultants . 32 Bibliography for Chapter 2 . 33 CHAPTER 3: REGULATORY ACTIVITIES: NOTIFICATION, AUTHORIZATION, INSPECTION, ENFORCEMENT AND PENALTIES . 35 3.1. Background. 35 3.2. Notification . 35 3.2.1. Model provision on notification . 36 3.3. Authorization or licensing. 36 3.3.1. Model provisions on authorization (licensing) . 37 3.4. Inspection . 38 3.4.1. Model provisions on inspection . 39 3.5. Enforcement, offences and penalties . 40 3.5.1. Model provisions on enforcement, offences and penalties . 42 3.6. Appeals . 44 3.6.1. Model provisions on appeals of regulatory decisions. 45 Bibliography for Chapter 3 . 45 CHAPTER 4: RADIATION PROTECTION. 47 4.1. Background. 47 4.2. Model provisions on radiation protection. 48 Bibliography for Chapter 4 . 51 CHAPTER 5: RADIOACTIVE SOURCES. 53 5.1. Background. 53 5.2. Model provisions on radioactive sources . 56 Bibliography for Chapter 5 . 57 CHAPTER 6: SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING . 59 6.1. Background. 59 6.2. Power reactors. 59 6.2.1. Model provisions on power reactors. 61 6.3. Research reactors . 66 6.3.1. Model provisions on research reactors . 67 6.4. Nuclear fuel cycle facilities . 69 6.5. Decommissioning . 70 6.5.1. Model provisions on decommissioning . 72 6.6. Authorization (licensing) of facility operators . 75 6.6.1. Model provisions on authorization (licensing) of facility operators . 75 Bibliography for Chapter 6 . 77 CHAPTER 7: EMERGENCY PREPAREDNESS AND RESPONSE . 79 7.1. Background. 79 7.2. Model provisions on emergency preparedness and response . 80 Bibliography for Chapter 7 . 82 CHAPTER 8: MINING AND PROCESSING OF RADIOACTIVE MATERIAL . 83 8.1. Background. 83 8.2. Model provisions on mining and processing . 84 Bibliography for Chapter 8 . 86 CHAPTER 9: TRANSPORT OF RADIOACTIVE MATERIAL . 87 9.1. Background. 87 9.2. Model provisions on transport . 88 Bibliography for Chapter 9 . 88 CHAPTER 10. RADIOACTIVE WASTE AND SPENT FUEL. 91 10.1. Background. ..
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