Bincangkan undang-undang mengenai pengurusan sisa nuklear di Malaysia merujuk kepada Akta 1984 dan konvensyen yang berkaitan.

ContentsI. Introduction and issues...................................................................................................2

II. Joint convention on the Safety of Spent Fuel Management and on the Safety of

Radioactive Waste Management................................................................................................3

III. Rio declaration on Environment & Development 1992.................................................4

IV. Radioactive Waste Safety Standard Series (RADWASS).............................................6

V. Atomic Energy Licensing Act 1984...............................................................................6

VI. Atomic Energy Licensing (Radioactive Waste Management) Regulations 2011..........7

VII. Conclusion......................................................................................................................8

I. INTRODUCTION AND ISSUES

As the usage of nuclear power is controversial, there is endless debate concerning nuclear

power. One of the recent debates is the management and handling of nuclear waste. The

debate mainly concerns the safety and the handling method of nuclear waste

In The States, a few nuclear plant construction projects were cancelled because of

widespread negative press and substantial scientific evidence concerning the shortcoming of

the current handling method. Owing to the reasons mentioned, Malibu Project and also

Bodega Project were cancelled.

In understanding management of nuclear waste, it is important to first note the

classifications of radioactive waste ( example: high level and and low level waste). Not all of

the methods are suitable to be used to dispose all nuclear waste because of the different

radiation concentrations that will cause an issue to the environment if the way of disposing it

is wrong.

For example, the facilities used in sub seabed disposal methods is not fulfilling Article 14

of Joint Convention on the Safety of Spent Fuel Management and on the Safety of

Radioactive Waste Management under the heading design and construction of facilities. The

article requires each contracting party shall take the appropriate steps to ensure that the

1

design and construction of a radioactive waste management facility provide for suitable

measures to limit possible radiological impacts on individuals, society and the environment.

To understand the framework of nuclear waste management, it is important to first look

into the following legal instruments:

II. JOINT CONVENTION ON THE SAFETY OF SPENT FUEL

MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE

MANAGEMENT

A. BACKGROUND

The first international instrument that deals with the safety of management and

storage of radioactive waste in countries with and without nuclear programs. The

Convention is aimed at achieving a high level of safety in spent fuel and radioactive

waste management, ensuring that there are effective defenses against potential

hazards during all stages of management of such materials, and preventing accidents

with radiological consequences.

B. ARTICLE 1 : OBJECTIVES OF THE CONVENTION

1. to maintain a high level of safety worldwide in spent fuel and

radioactive waste management, through the enhancement of national measures

and international co-operation

2. to ensure that during all stages of spent fuel and radioactive waste

management there are effective defenses against potential hazards so that

individuals, society and the environment are protected from harmful effects of

ionizing radiation, now and in the future

3. to prevent accidents with radiological consequences and to mitigate

their consequences should they occur during any stage of spent fuel or

radioactive waste management.

C. ARTICLE 2 OF JOINT CONVENTION PROVIDES FOR THE INTERPRETATION.

2

“disposal” the emplacement of spent fuel or radioactive waste in an appropriate

facility without the intention of retrieval.

"Radioactive

waste"

radioactive material in gaseous, liquid or solid form for which no further

use is foreseen by the Contracting Party

"radioactive

waste

management"

all activities, including decommissioning activities, that relate to the

handling, pretreatment, treatment, conditioning, storage, or disposal of

radioactive waste, excluding off-site transportation.

D. ARTICLE 3 : THE SCOPE OF APPLICATION OF THIS CONVENTION WHERE

THE SAFETY OF RADIOACTIVE MANAGEMENT WILL BE APPLIED WHEN THE

RADIOACTIVE WASTE IS RESULTED FROM CIVILIAN APPLICATION.

1. Tak apply

the safety of management of radioactive waste within military or defence

programmes, unless declared as spent fuel or radioactive waste for the

purposes of this Convention by the Contracting Party.

2. apply

the safety of management of spent fuel and radioactive waste from military or

defence programmes if and when such materials are transferred permanently

to and managed within exclusively civilian programmes.

III. RIO DECLARATION ON ENVIRONMENT & DEVELOPMENT

1992

A. PRINCIPLE 2

States have the sovereign right to exploit their own resources pursuant to their own

environmental and developmental policies, and the responsibility to ensure that

activities within their jurisdiction do not cause environmental damges of other States.

3

a) Example: Expert opinion papers have provided insights on the

practical approach of implementing the disposal method of

partitioning and transmutation in handling nuclear energy. Though

there is no current legislation governing the method, general principles

of nuclear law apply to the rights and duties of the authorities.

B. PRINCIPLE 13

States shall also co-operate in an expeditious and more determined manner to develop

further international law regarding liability and compensation for adverse effects of

environmental damage caused by activities within their jurisdiction or control to areas

beyond their jurisdiction

C. PRINCIPLE 14

States should effectively cooperate to discourage or prevent the transfer to other

States of any activities and substances that cause severe environmental degradation

a) Example: The rejection of states that have signed the 1959

Antarctic Treaty to allow the disposal method, namely, ice sheet

disposal because of its possibility that may harm

(1) the country of where the nuclear waste will be

relocated and

(2) countries involved during the transfer of the materials,

D. AGENDA 17

The agenda that can be related to nuclear waste management are ensuring prior

assessment of activities that may have significant adverse impact on the seas, develop

land-use practices that reduce run-off soils and wastes to the rivers and thus to the

seas and stop ocean dumping and the incineration of hazardous wastes at sea

IV. RADIOACTIVE WASTE SAFETY STANDARD SERIES

(RADWASS)

It is the handling guidelines published by IAEA named RADWASS, a guideline for the well-

4

established procedures for the safe management of radioactive wastes . Extensive guideline

has been provided in the areas of waste processing and storage, near-surface disposal, and

gaseous and liquid discharge. RADWASS documents provide generally applicable

requirements and guidance for the entire area of waste safety.

V. ATOMIC ENERGY LICENSING ACT 1984

A. SECTION 3

Establishment of Atomic Energy Licensing Board (AELB), regulatory body for

nuclear management in Malaysia.

B. PART IV (NUCLEAR WASTE MANAGEMENT) : SECTION 26 TO SECTION 31

This part includes the control of disposal and accumulation of nuclear waste,

rectification of situation in case that the facility is not adequate and also the

transportation of radioactive waste.

One of the primary concerns of nuclear waste management is for the preservation of

environment and thus, this act ought to be read together with Environmental Quality

Act 1974 for the non-radiological waste discharge & disposal.

1. section 26 (1) of Act 1984

that no person shall dispose of or cause to be disposed any radioactive waste

without written prior authorization from appropriate authority.

2. section 27 (4) of Act 1984: meaning of radioactive waste

Any radioactive material or nuclear material is produced, kept or used in or

on any premised arising from the production, keeping or use of that

radioactive material, nuclear material, that substance arising from such

production, unless the contrary is proved, be presumed-

(a) to be radioactive waste; and

(b) to be accumulated on the premises with a view to subsequent disposal

3. section 30

no person shall transport any radioactive waste without the prior authorization

in writing of the appropriate authority

5

VI. ATOMIC ENERGY LICENSING (RADIOACTIVE WASTE

MANAGEMENT) REGULATIONS 2011

A. BACKGROUND

In an attempt to improve effectiveness of regulating the radioactive waste

management in the country, together with an IAEA effort to enhance safety of

radioactive waste management in member states, AELB had developed Regulation

2011. A licence must be obtained from AELB in accordance with the Radiation

Protection (Licensing) Regulations 1986 before anyone can dispose radioactive

waste.

B. REGULATION 2

the regulations shall be applied to all aspects of radioactive waste and waste

management arising from medical, industrial and research applications and any other

application which may be specified by the Board.

C. REGULATION 5

Licensees shall be responsible for the safe management of radioactive waste and

ensure that the generation of radioactive waste and its impact to the environment is as

minimum as possible. Furthermore, the regulation also provided for: appointment of

radioactive waste management officers and their responsibilities

D. OTHER REGULATIONS

Furthermore, the regulation also provided for reuse and recycle of radioactive waste ;

discharge and disposal limits of radioactive waste .

VII. CONCLUSION

After examining international guidelines, convention and also national legislation concerning

nuclear waste management, it is clear that there is yet a legal mechanism which is able to

provide extensive, comprehensive and complete list of handling procedures and the aftermath

in case of failure to manage the radioactive waste accordingly. Adopting what wrote by

Dominique Delattre in “RADWASS Update”, it is not possible to be definitive on all relevant

6

safety issues at the present time. The safety measure for nuclear waste management develops

with time and it is important that national legislation takes steps to comply with international

level of safety in managing nuclear waste to ensure the preservation of life, safety and health

of society as a whole.

7