Frequently asked questions about radiation management licences

Notes:

The Act referred to throughout this document is the Protection from Harmful Radiation Act 1990 unless otherwise specified.
The Regulation referred to throughout this document is the Protection from Harmful Radiation Regulation 2013 unless otherwise specified.
The legislation referred to throughout this document is the above-mentioned Act, Regulation and any other associated Codes etc. referred to in the Act or the Regulation, unless otherwise specified.

What is regulated material?

Regulated material comprises:

sealed source devices
ionising radiation apparatus, and
radioactive substances (sealed and unsealed sources)

Who is a person responsible?

For the purposes of the Act the following are a person responsible for regulated material:

the owner
any person who is storing, selling or giving away regulated material
any person who has possession of regulated material, except for:
1. a person with a user licence who has possession of regulated material solely to use it
2. a person who has possession of regulated material solely to transport it
A person responsible may be an individual or a company.

What is a management licence?

A management licence must be held by a person responsible for regulated material.

Management licences are issued by the EPA to a person or company authorising them to conduct a radiation practice such as selling, possessing or storing regulated material.

The person responsible for any number and type of regulated material will be required to hold a radiation management licence.

Radiation management licences may authorise radiation practices to occur at multiple sites across NSW involving multiple radiation sources.

How many types of management licences are there?

There are two types:

A sell only management licence
A management licence for selling, possessing and/or storing regulated material

Do I still need a user licence if I have a management licence?

Users of regulated material are required to hold a radiation user licence.
A user licence that permits individuals to use regulated material can only be issued to individuals ('natural persons') not companies. A licence is valid for 1 year or 3 years.
‘To use' includes to operate, have in possession for use, handle or manipulate, or use in the course of manufacture.

Refer to the User Licence page for more information on user licensing.

How long are management licences issued for?

A sell only licence may be valid for either 1 year or 3 years.

A management licence (to sell, possess, store or give away) is issued for a period of one year.

Are there licensing fees?

There are prescribed fees for management licences which consist of:

Application fees (for new applications)
Administration fees (for new applications)
Renewal fees (for existing licences being renewed
Licence fees (for items of regulated material)

See the current fees

The fees are set out in Schedule 4 of the Regulation, and are scheduled to increase by approximately 2.5% each financial year.

When is a management licence required?

You need a management licence to sell, possess and/or store regulated material.

The management licence is required before you can sell, possess or store regulated material. Failure to hold the required management licence is a serious offence under the Act.

What is exempt from a management licence?

The only exemptions from radiation management licensing requirements in the Regulation are:

radioactive substances specified in Part 2 of Schedule 3
ionising radiation apparatus specified in Part 4 of Schedule 3

What does a management licence authorise?

The management licence authorises the responsible person to conduct a radiation practice such as selling, possessing or storing regulated material.

Prior to 1 July 2013, individual devices, apparatus and premises (e.g. x-ray units) had to be individually registered. From 1 July 2013 the possession of multiple radiation sources at multiple sites can be authorised by one management licence.

The management licence will operate under the Act, Regulation and any conditions attached to the licence.

Will multiple management licences be issued to the same company?

Entities have only one management licence for all regulated material that they own. The management licence lists all the sites and regulated material located on those sites in NSW and has a single renewal process and timeframe for all of them. This enables the EPA to have a single view of each licence holder and its associated sites and regulated material.

What does a management licence look like?

The management licence will consist of some or all of the following as appropriate:

Cover sheet with licensee details
A schedule that details the management licence conditions that applies to licences.
1. Note the conditions will not restate requirements already specified elsewhere in legislation and will refer to other documents as required
2. Typically, some of these conditions require compliance with the relevant code of practice.
A schedule with details relating to each item of regulated material grouped by site location and type:
1. regulated apparatus
2. sealed source devices
3. sealed sources not in sealed source devices
4. the location of unsealed regulated material

Who should hold the management licence?

The management licence needs to be held by the legal entity that is the responsible person as defined in the relevant legislation. In most cases for management licences this will be a company.

What do I need to include in my management licence application or renewal?

An application for a new management licence or to renew your management licence must be submitted via the EPA’s online licensing portal at eConnect EPA. Information required to be supplied for a new management licence application includes the applicant details, required licence type, a fit and proper person declaration, type of practice, specific regulated material information for each item of apparatus, sealed source devices and radioactive substances and premises, declaration, fee details and form of payment.

Note: Certificates of compliance issued by an EPA-certified radiation expert are not required to accompany management licence applications or renewals. However, the applicant must confirm that each applicable item of regulated material is certified at the time of application.

How do I apply for a management licence?

Applications for a management licence must be submitted via eConnect EPA.

How are applications assessed?

Applications are assessed on their merit against the assessment criteria. The assessment criteria consist of some generic matters but will vary depending on the nature of the proposal.

Additional criteria have been introduced under Section 5 of the Act that expands the matters the EPA will take into consideration when determining if the applicant is a fit and proper person to hold a licence. These also require the applicant to make a number of declarations on the application.

If the application is approved, a management licence will be sent to the applicants’ preferred mailing address.

How do I vary or change my management licence?

For most variations to a management licence an application must be submitted via eConnect EPA. The application will be assessed against the relevant criteria and a decision made to either grant or refuse the application.

What is the difference between a change and a variation to a management licence?

Variations involve changes to the licence that attach additional regulated material or alter the conditions on the licence. A fee applies to a licence variation and this is set out in the Regulation. To vary your management licence use eConnect EPA.

Changes which are deemed to be minor variations to a licence do not attract a fee. Notification for minor variations must be submitted via eConnect EPA but no fee is applicable.

Minor variations include removing regulated material from the licence. Licence holders can also update their contact details.

When a licence is varied, a revised licence document is sent to the management licence holder. When adding new items to an existing licence , the items may be used whilst your application to add the items is being processed. Your application should be lodged within 7 days of receipt or transfer occurring.

If you are unsure if your proposed change will require a formal variation, please contact the EPA for clarification on (02) 9995 5959.

What am I required to do when I take possession of a radiation source that I have been authorised to possess through my management licence?

It is a requirement that a management licence holders taking possession of a radiation source need to notify the EPA on taking possession or disposing of a radiation source.

This means that management licence holders taking possession of a radiation source need to notify the EPA by submitting a variation to their management licence via eConnect EPA.

To notify the EPA if disposing of a radiation source see information on disposal of regulated material.

Can I transfer a management licence?

The current legislation does not permit the transfer of management licences.

Where all the items of regulated material are being relocated from a management licence holder to another legal entity there are a number of steps to be followed:

The other legal entity must hold a current management licence before it takes possession of the items of regulated material.
The EPA must be notified of the relocation of the items.
The management licence holder taking possession of the assets must add those assets to their management licence by sending the relevant details to the EPA.
The management licence holder giving away or selling the assets must remove those assets from management licence by sending the relevant details to the EPA.

The transferring of regulated material from one management licence to another is usually considered an application to vary an existing licence. Use eConnect EPA to vary your management licence.

What am I required to do when I dispose of a radiation source that I have been authorised to dispose of through my management licence?

A person must not dispose of any regulated material except with the consent of the Chair of the EPA.

See disposal of radiation apparatus, radioactive substances (sealed and unsealed) and sealed source devices.

Replacing an existing radiation source?

When changing an existing source you will need to ensure that it is added to the management licence. Use eConnect EPA to vary your management licence.

The addition of any new source and the disposal of any existing source is carried out in accordance with the Act, the Regulation and any relevant Codes of Practice.

Need more information?

Managing radiation in NSW
Protection from Harmful Radiation Act 1990
Protection from Harmful Radiation Regulation 2013
Publications - Guidelines and Codes of Practice
Contact the Regulatory and Compliance Support Unit on 02 9995 5959