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Registration or licensing by Agency
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8. The Principal Act is amended by the insertion of the following section after section 29:
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“29A. (1) (a) A person who wishes to carry out a relevant activity which, pursuant to regulations made under section 30(1) or (2), requires authorisation and who is required by those regulations to be a registered person or a licensee in respect of the relevant activity, shall make an application, in accordance with regulations made under section 30(7), for authorisation in respect of the relevant activity before carrying out that relevant activity.
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(b) A person who wishes to renew a licence in respect of a relevant activity which, pursuant to regulations made under section 30(1) or (2), requires authorisation and who is required by those regulations to be a registered person or a licensee in respect of the relevant activity, shall make an application, before the expiration of the licence and in accordance with regulations made under section 30(7) in that regard, for the renewal of the licence.
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(2) (a) Subject to paragraph (b), where the Agency receives an application referred to in subsection (1), the Agency shall decide, based on its regulatory experience and taking into account—
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(i) the magnitude of expected or potential doses of radiation, and
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(ii) the complexity of the relevant activity to which the application relates,
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whether it is registration or a licence which would be appropriate to be granted in respect of the relevant activity concerned.
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(b) The Minister may, in regulations made under section 30(1) or (2), provide in respect of a relevant activity that only a licence may be granted and, where provision is so made, the Agency shall, where it receives an application referred to in subsection (1) in respect of the relevant activity, consider the application on the basis that only a licence would be appropriate to be granted in respect of that relevant activity.
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(3) (a) Where, having considered an application, the Agency decides to grant registration or a licence, as the case may be, the Agency may, in accordance with section 30(4)—
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(i) attach conditions to the registration so granted, or
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(ii) specify conditions in the licence so granted.
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(b) In the case of an application for the renewal of a licence referred to in subsection (1)(b), conditions which the Agency may attach to a registration or specify in a licence which the Agency decides to grant in respect of that application may or may not be the same as the conditions (if any) specified in the licence which is due to expire.
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(4) Where registration is granted by the Agency, the following shall apply:
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(a) the Agency may carry out inspections under section 29 in relation to the carrying out of the relevant activity in respect of which the registration is granted;
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(b) the registration shall not be required to be renewed.
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(5) Where a licence is granted by the Agency, the following shall apply:
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(a) the Agency may carry out inspections under section 29 in relation to the carrying out of the relevant activity in respect of which the licence is granted;
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(b) the licence shall be required to be renewed periodically.”.
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