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Amendment of section 30 of Act of 1991
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39. Section 30 of the Act of 1991 is amended—
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(a) in subsection (4) by the substitution of “Subject to subsections (4B) to (4E), a licence granted pursuant to an order made under this section” for “A licence granted pursuant to an order made under this section”, and
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(b) by the insertion of the following subsections after subsection (4A):
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“(4B) A nuclear facility licence shall be subject to such conditions as the Institute may attach to it specifying requirements for the purpose of the prevention of—
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(i) the sabotage of the nuclear facility in respect of which the licence is granted; and
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(ii) the theft and unlawful obtaining of nuclear material from that nuclear facility.
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(4C) A nuclear material licence shall be subject to such conditions as the Institute may attach to it specifying requirements for the purposes of the prevention of sabotage, theft or unlawful obtaining of the nuclear material in respect of which the licence is granted during the use, storage or transportation of that nuclear material.
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(4D) In determining the conditions referred to in subsections (4B) and (4C), the Institute shall take account of the latest guidelines and standards relating to the physical protection of nuclear material and nuclear facilities issued by relevant international bodies.
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(4E) (a) The Minister may, after consultation with the Institute, by order specify such class or classes of nuclear material or defined quantities (by mass) of nuclear material in relation to which a nuclear material licence shall not be subject to conditions specifying requirements for the purposes of the prevention during use, storage or transportation of the sabotage, theft and unlawful obtaining of such nuclear material.
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(b) The Minister shall, in making an order under this subsection, take into account—
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(i) the nature of the nuclear material being specified,
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(ii) the quantity of the nuclear material being specified,
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(iii) the potential for harmful radiological effects to a person, property or the environment should the nuclear material being specified be used for the purposes of, or in connection with, the commission of an offence, and
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(iv) the current assessment by the Institute, in consultation, as necessary, with the Garda Síochána and any other authority the Institute considers appropriate, of the threat of the theft of the nuclear material being specified.
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(c) A nuclear material licence relating to nuclear material specified by order under this subsection shall be subject to such conditions, as the Institute may attach to it, other than conditions specifying requirements for the purposes of the prevention during use, storage or transportation of the sabotage, theft and unlawful obtaining of such nuclear material.
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(d) Any nuclear material specified by order under this subsection shall be protected by the licence holder in accordance with codes of practice, safety guidelines and recommendations relating to that nuclear material issued by the Institute.”.
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