Radiation Safety Bill: $20M fine, prison time for defaulting companies under new legislation

The Radiation Safety and Security Bill 2022, which was recently passed in the National Assembly, now outlines penalties for body corporate in breach of the legislation, ranging from $5 million to not more than $20 million.
Under the framework, any person who contravenes any of the provisions under the Act for which no penalty is specifically provided, is liable on summary conviction to a fine of not less than $1 million nor more than $10 million dollars or imprisonment for a term not exceeding three years.
Where a body corporate or its director, manager, secretary, agent or any other officer concerned with the management has been convicted of an offence, the court shall have the power to also revoke any licence issued pursuant to the Bill.
It can also forfeit all property to the State, including money, valuables and other movable and immovable property, of a person convicted of an offence, that was used or intended to be used, or was obtained in the course of the crime, or as part of benefits gained from the crime.
The new legislation states, “Where a person is convicted of an offence under this act or the regulations, if the contravention in respect which the person was convicted is continued after the person was convicted, the person shall be guilty of a further offence and liable on conviction to a further fine of one-fifth of the maximum penalty.”
This is the first time in the country’s history that legislation has been enacted to govern ionising radiation use, which Dr Anthony labelled as a ‘landmark’ move to keep people safe.
To ensure the objectives of this Bill are realised, it provides for establishment of a Radiation Safety and Security Board. This Board, as an independent regulatory authority, is mandated to work with relevant Government agencies to ensure that activities and practices involving the uses of ionising radiation and nuclear energy are used in Guyana for only peaceful purposes.
Health Minister, Dr Frank Anthony told the National Assembly during the most recent sitting, “Once this Board is constituted, if there is any use of radioactive material, if can be governed by the Bill. I think adequate provisions have been made and we are working to put the right legislative environment in place.”

Licensing
The Bill recognises that the use of ionising radiation can provide important benefits in many fields, including health and medicine, energy production, scientific research, agriculture, industry and education.
However, it was also recognised that it is equally important to establish measures to protect individuals, society and the environment from the potentially harmful effects of ionising radiation, including those that can result from improper use, accidents or malicious acts.
Any person who intends to engage in an activity other than the mining of uranium or thorium are required to notify the Board of its intention to carry out such, and within seven days, the Board shall decide whether the proposed practice requires a licence.
Where it is an application for a possession licence, the applicant might be required to submit a radiation safety plan or nuclear security plan.
Opposition Member of Parliament, Tabitha Sarabo-Halley opined, “Though the Board will be constituted to deal with radiation and radioactive matters, it is my hope that when the Bill passes and is assented to, efforts will made to operationalise all elements of this particular Bill. Because it is one thing to say it is a good Bill and to pass it but operationalising it is a different story.”
Minister of Human Services, Dr Vindhya Persaud told the House as she rose to support the Bill on Thursday, “It is so important that when people apply for licensing, they are able to withstand scrutiny to adhere to what is requested by the Bill, and also, at all times to maintain safety of the environment and people working within their entity, or other people who may be exposed to this kind of radiation.”

Radioactive waste
Meanwhile, in respect to radioactive waste, the Board in consultation with the Environmental Protection Agency and Local Government Ministry is responsible for developing a national policy and strategies for management under Cabinet’s approval.
It states that people and the environment should be adequately protected against radiological hazards; that generation of radioactive waste is kept at the minimum practicable; protective measures are implemented to reflect international criteria; residual heat generated during waste management is addressed; and that such activities be properly regulated. (G12)