Act on the Regulation of Radioisotopes, etc.(Act No. 167 of 1957)
Last Version: Act No. 37 of 2019
TOC
History

  • January 19, 2022
    • Last Version: Act No. 37 of 2019
    • Translated Date: December 28, 2021
    • Dictionary Version: 14.0

Act on the Regulation of Radioisotopes, etc. (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Act No. 167 of June 10, 1957
Table of Contents
Chapter I General Provisions(Articles 1 and 2)
Chapter II Permission and Notification of Use, Notification of Selling and Leasing Radioisotopes, and License to Conduct Radioactive Waste Management(Articles 3 to 12)
Chapter III Approved Devices with a Certification Label, etc.(Articles 12-2 to 12-7)
Chapter IV Obligation, etc. of Users Who Hold the Permission and Users Who Have Notified, Sellers Who Have Notified, Lessors Who Have Notified and Licensed Radioactive Waste Management Operators, etc.(Articles 12-8 to 33-3)
Chapter V Radiation Protection Supervisors, etc.(Articles 34 to 38-3)
Chapter VI Responsibility of Users who Have the Permission and Users Who Have Notified(Article 38-4)
Chapter VII Registered Certification Organizations, etc.(Articles 39 to 41-46)
Chapter VIII Miscellaneous Provisions(Article 42 to 50)
Chapter IX Penal Provisions(Articles 51 to 61)
Chapter X Releasing Foreign Vessels, etc. through Providing Security Deposits, etc.(Articles 62 to 66)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is, in accordance with the spirit of the Atomic Energy Basic Act (Act No. 186, 1955), to provide regulations on the use, selling, leasing, waste management, and other handling of radioisotopes, the use of radiation generators, and the waste management and other handling of objects contaminated with radioisotopes or by radiation emitted from radiation generators (hereinafter referred to as "radioactively contaminated objects" ), thereby preventing radiation hazards caused by those activities, to secure specified radioisotopes and to ensure public safety.
(Definitions)
Article 2(1)"Radiation" as used in this Act means radiation prescribed in Article 3 item (v) of the Atomic Energy Basic Act.
(2)"Radioisotope" as used in this Act means a radiation emitting isotope such as phosphorus-32, cobalt-60, etc., its compound, and material containing such an isotope (including those equipped in devices), which are prescribed in Cabinet Order.
(3)"Specified radioisotope" as used in this Act means a radioisotope from which radiation is likely to cause severe effects on human health, which is prescribed in Cabinet Order.
(4)"Radioisotope device" as used in this Act means a device such as a sulfur meter which is equipped with a radioisotope.
(5) "Radiation generator" as used in this Act means an equipment which generates radiation by accelerating charged particles such as cyclotrons, synchrotrons, etc., which is prescribed in Cabinet Order.
Chapter II Permission and Notification of Use, Notification of Selling and Leasing Radioisotopes, and License to Conduct Radioactive Waste Management
(Permission to Use Radioisotopes, etc.)
Article 3(1)A person intending to use a radioisotope in excess of the quantity specified in Cabinet Order for its kind or for whether it is sealed or not, or to use a radiation generator (including manufacturing (limited to manufacturing of radioisotopes), repackaging (limited to repackaging of radioisotopes, excluding repackaging for waste management), and equipping (limited to the equipping a radioisotope device with a radioisotope); hereinafter the same applies) must be granted the permission by the Nuclear Regulation Authority (hereinafter referred to as "the NRA"), pursuant to Cabinet Order; provided, however, that this does not apply to a user of an approved device with a certification label prescribed in Article 12-5 paragraph (2) (hereinafter in this paragraph, the following Article, and Article 3-3, referred to as an "approved device with a certification label") (limited to use, storage, and transport in compliance with conditions for certification of the approved device with a certification label prescribed in Article 12-6 (referred to as "conditions for certification" in the following Article)) and a user of a specified approved device with a certification label prescribed in Article 12-5 paragraph (3) (referred to as a "specified approved device with a certification label" in the following Article and Article 4).
(2)A person intending to be granted the permission referred to in the main clause of the preceding paragraph must submit a written application to the NRA stating following matters;
(i)name or title, and address, and, if the applicant is a corporation, name of its representative;
(ii)kinds and quantities of radioisotopes, and whether they are sealed or unsealed, or kind, number of units and performance of radiation generators;
(iii)purpose and means of use;
(iv)place of use;
(v)location, structure, and equipment of the facility where radioisotope or radiation generators are used (hereinafter referred to simply as "usage facilities");
(vi)location, structure, equipment, and storage capacity of the facility used for storage of radioisotopes (hereinafter referred to simply as "storage facilities");
(vii)location, structure, and equipment of the facility used for managing waste of radioisotopes and radioactively contaminated objects (hereinafter referred to simply as "radioactive waste management facilities").
(Notification of Use)
Article 3-2(1)A person intending to use radioisotopes other than the radioisotopes specified in paragraph (1) of the preceding Article must, pursuant to Cabinet Order, notify the NRA of the following matters in advance; provided, however, that this does not apply to a person using an approved device with a certification label (limited to use, storage, and transport in compliance with conditions for certification for the approved device with a certification label) and a specified approved device with a certification label;
(i)name or title, and address, and, if the applicant is a corporation, name of its representative;
(ii)kinds and quantities of radioisotopes, and whether they are sealed or unsealed;
(iii)purpose and means of use;
(iv)place of use;
(v)location, structure, equipment, and storage capacity of storage facilities.
(2)When a person who has submitted a written notification referred to in the main clause of the preceding paragraph (hereinafter referred to as a "user who has notified") intends to change the matters set forth in items (ii) through (v) of the same paragraph, the person must notify the NRA of the intention in advance, pursuant to the NRA Regulation.
(3)When a user who has notified has changed the matters set forth in paragraph (1) item (i) of this Article, the user must notify the NRA of that fact within 30 days from the day when the change has been made, pursuant to the NRA Regulation.
(Notification by Users of Approved Devices with Certification Labels)
Article 3-3(1)A person using an approved device with a certification label prescribed in the provisos of Article 3 paragraph (1) and paragraph (1) of the preceding Article (hereinafter referred to as a "user of approved devices with a certification label") must notify the NRA of the following matters within 30 days from the day of commencement of use of the approved device with a certification label, pursuant to Cabinet Order;
(i)name or title, and address, and, if the applicant is a corporation, name of its representative;
(ii)certification number specified in Article 12-6 and number of units of approved devices with a certification label;
(iii)the purpose and means of use.
(2)When a person who has submitted a written notification as referred to in the preceding paragraph (hereinafter referred to as a "notifier of using approved devices with a certification label") has changed any matter set forth in each item of the same paragraph, the user must notify the NRA of that fact within 30 days from the day when the change has been made, pursuant to the NRA Regulation.
(Notification of Selling and Leasing Radioisotopes)
Article 4(1)A person intending to sell or lease radioisotopes as a business must, pursuant to Cabinet Order, notify the NRA of the following matters in advance; provided, however, that this does not apply to a person who sells or leases a specified approved device with a certification label as a business;
(i)name or title, and address, and, if the applicant is a corporation, name of its representative;
(ii)kinds of radioisotopes;
(iii)location of the place of business used for selling or leasing radioisotopes.
(2)When a person who has submitted a written application of notification of the business of selling radioisotopes pursuant to the provisions of the main clause of the preceding paragraph (hereinafter referred to as a "seller who has notified"), or a person who has submitted a written application of notification of the business of leasing radioisotopes pursuant to the provisions of the main clause of the same paragraph (hereinafter referred to as a "lessor who has notified") intends to change the matters set forth in item (ii) or (iii) of the same paragraph, the seller or lessor must notify the NRA of that fact in advance, pursuant to the NRA Regulation.
(3)When a seller who has notified or a lessor who has notified has changed any matter set forth in paragraph (1) item (i) of this Article, the seller or lessor must notify the NRA of that fact within 30 days from the day when the change has been made, pursuant to the NRA Regulation.
(License to Conduct Radioactive Waste Management)
Article 4-2(1)A person intending to manage wastes of radioisotopes or radioactively contaminated objects as a business must, pursuant to Cabinet Order, be granted the license by the NRA.
(2)A person intending to be granted the license referred to in the preceding paragraph, must submit a written application to the NRA including following matters;
(i)name or title, address, and, if the applicant is a corporation, name of its representative.
(ii)location of the place of business where radioactive waste management is conducted.
(iii)means of radioactive waste management.
(iv)location, structure, and equipment of the facilities where radioisotopes and radioactively contaminated objects are repacked (hereinafter referred to as "radioactive waste repacking facilities").
(v)location, structure, equipment and storage capacity of the facilities where radioisotopes and radioactively contaminated objects are stored (hereinafter referred to as "radioactive waste storage facilities").
(vi)location, structure, and equipment of radioactive waste management facilities.
(vii)following matters in cases of final disposals through burying radioisotopes or radioactively contaminated objects underground (hereinafter referred to as the "burial of radioactive waste");
(a)properties and quantities of radioisotopes or radioactively contaminated objects to be buried;
(b)measures to be taken to prevent radiation hazards in response to decay of radioactivity.
(Provisions for Disqualification)
Article 5(1)A person falling under any of the following items cannot be granted the permission referred to in the main clause of Article 3 paragraph (1) or the license referred to in the main clause of paragraph (1) of the preceding Article;
(i)a person whose permission or license has been revoked, pursuant to the provision of Article 26 paragraph (1), and for whom two years have not elapsed yet from the day of revocation;
(ii)a person who has been sentenced to a fine or heavier punishment for violating the provisions of this Act or the orders pursuant to this Act, and for whom two years have not elapsed yet after the execution of the sentence has been completed or the person became no longer subject to the execution of the sentence;
(iii)a corporation, any of whose executives falls under any of the preceding two items.
(2)A person falling under any of the following items may not be granted the permission referred to in the main clause of Article 3 paragraph (1) or the license referred to in paragraph (1) of the preceding Article;
(i)a person specified by the NRA Regulation as being unable, due to physical or mental disability, to appropriately take necessary measures for prevention of radiation hazards;
(ii)a corporation, any of whose executives falls under the preceding item.
(Standards for Permission to Use Radioisotopes, etc.)
Article 6In cases where a written application for the permission referred to in the main clause of Article 3 paragraph (1) has been submitted, the NRA must not grant the permission unless it finds that the application conforms to the following items;
(i)location, structure, and equipment of usage facilities conform to the technical standards prescribed in the NRA Regulation;
(ii)location, structure, and equipment of storage facilities conform to the technical standards prescribed in the NRA Regulation;
(iii)location, structure, and equipment of radioactive waste management facilities conform to the technical standards prescribed in the NRA Regulation;
(iv)in addition to the above conditions, there is no likelihood of radiation hazards occurring due to radioisotopes, radiation generators or radioactively contaminated objects.
(Standards for License to Conduct Radioactive Waste Management)
Article 7In cases where a written application for the license referred to in Article 4-2 paragraph (1) has been made, the NRA must not grant the license unless it finds that the application conforms to the following items;
(i)location, structure, and equipment of radioactive waste repacking facilities conform to the technical standards prescribed in the NRA Regulation;
(ii)location, structure, and equipment of radioactive waste storage facilities conform to the technical standards prescribed in the NRA Regulation;
(iii)location, structure, and equipment of radioactive waste management facilities conform to the technical standards prescribed in the NRA Regulation;
(iv)in addition to above conditions, there is no likelihood of radiation hazards due to radioisotopes or radioactively contaminated objects.
(Conditions for Permission or License)
Article 8(1)Conditions may be added to the permission referred to in the main clause of Article 3 paragraph (1) or the license referred to in Article 4-2 paragraph (1).
(2)The conditions referred to in the preceding paragraph are limited to the minimum extent necessary for preventing radiation hazards, and must not impose an undue obligation on the person being granted the permission or the license.
(Permit or License)
Article 9(1)The NRA issues a permit or a license, when it has granted the permission referred to in the main clause of Article 3 paragraph (1) or the license referred to in Article 4-2 paragraph (1).
(2)Following matters must be specified on the permits issued in cases where the permission referred to in the main clause of Article 3 paragraph (1) was granted;
(i)date and number of the permission;
(ii)name or title, and address of the person;
(iii)purpose of use;
(iv)kinds and quantities of radioisotopes, whether they are sealed or unsealed, or kind, number of units and performance of radiation generators;
(v)place of use;
(vi)storage capacity of storage facilities;
(vii)conditions for the permission.
(3)Following matters must be specified on the licenses issued in cases where the license referred to in Article 4-2 paragraph (1) was granted;
(i)date and number of the license;
(ii)name or title, and address of the person;
(iii)location of the place of business where radioactive waste management is conducted;
(iv)means of radioactive waste management;
(v)storage capacity of radioactive waste storage facilities;
(vi)for the license for the burial of radioactive waste, quantities of radioisotopes or radioactively contaminated objects to be buried;
(vii)conditions for the license.
(4)A license must not be transferred or lent to a third party.
(Changes of Usage Facilities, etc.)
Article 10(1)When a person who has been granted the permission referred to in the main clause of Article 3 paragraph (1) (hereinafter referred to as a "user who holds the permission") has changed any matter set forth in paragraph (2) item (i) of the same Article, the user who holds the permission must notify the NRA of the change within 30 days from the day when the change was made, pursuant to the NRA Regulation. In this case, when the name or title, or address has been changed, the user who holds the permission must submit their permit to the NRA for its revision at the time of notification of the change.
(2)When a user who holds the permission intends to change any matter set forth in Article 3 paragraph (2) items (ii) through (vii) (excluding the matters falling under the provisions of paragraph (6)), the user who holds the permission must be granted the permission by the NRA, pursuant to Cabinet Order; provided, however, that this does not apply to a minor change prescribed in the NRA Regulation.
(3)The provisions of Article 6 and Article 8 apply mutatis mutandis to the permission referred to in the preceding paragraph.
(4)A user who holds the permission, intending to be granted the permission for a change pursuant to the provisions of paragraph (2), must submit the permit to the NRA at the time of application for the permission for its change.
(5)A user who holds the permission, when intending to make a minor change prescribed in the proviso of paragraph (2), must notify the NRA of the intention in advance, and attach their license, pursuant to the NRA Regulation.
(6)A user who holds the permission, when intending to change any matter set forth in Article 3 paragraph (2) item (iv), in cases of temporarily using radioisotopes in a quantity equal to or less than that specified in Cabinet Order in accordance with the purpose of use, whether they are sealed or not and other matters or using radiation generators prescribed in Cabinet Order for a non-destructive test or other purposes prescribed in Cabinet Order, must notify the NRA of the intention in advance, pursuant to the NRA Regulation.
(Changes in Radioactive Waste Management Facilities, etc.)
Article 11(1)When a person who has been granted the license referred to in Article 4-2 paragraph (1) (hereinafter referred to as a "licensed radioactive waste management operator") has changed any matter set forth in Article 4-2 paragraph (2) item (i), the licensed radioactive waste management operator must notify the NRA of the change within 30 days from the day when the change was made, pursuant to the NRA Regulation. In this case, when the name or title, or address has been changed, the licensed radioactive waste management operator must submit their license to the NRA for its revision at the time of notification of the change.
(2)When a licensed radioactive waste management operator intends to change any matter set forth in Article 4-2 paragraph (2) items (ii) through (vii), the licensed radioactive waste management operator must be granted the permission by the NRA, pursuant to Cabinet Order.
(3)The provisions of Articles 7 and 8 apply mutatis mutandis to the permission referred to in the preceding paragraph.
(4)A licensed radioactive waste management operator, intending to be granted the permission for a change pursuant to the provision of paragraph (2), must submit the license to the NRA at the time of application for permission for its change.
(Reissuance of Permit or License)
Article 12A user who holds the permission and a licensed radioactive waste management operator, when their permits or licenses have been soiled, damaged, or lost, may have their permits or licenses reissued by applying for reissuance to the NRA, pursuant to the NRA Regulation.
Chapter III Approved Devices with a Certification Label, etc.
(Design Certification for Radioisotope Devices, etc.)
Article 12-2(1)A person intending to manufacture or import radioisotope devices (excluding the devices prescribed in the following paragraph; hereinafter the same applies in this paragraph) pursuant to Cabinet Order, may be granted certification (hereinafter referred to as a "design certification") from the NRA for the design for the part of the radioisotope device whose function is to prevent radiation hazards (including the method of confirming that the design conforms to the said design; hereinafter in this Article and paragraph (1) of the following Article, the same applies), for yearly hours of use of the radioisotope device, and other conditions for use, storage and transport (in compliance with conditions for transport, limited to related packages transported by means other than by vessels or air planes; hereinafter in this Chapter, the same applies), (or, for radioisotope devices equipped with radioisotopes in a quantity equal to or less than those specified in Cabinet Order according to the kinds of radioisotopes or other radioisotope devices prescribed in Cabinet Order, the organization registered by the NRA (hereinafter referred to as a "registered certification organization") or the NRA).
(2)A person intending to manufacture or import radioisotope devices specified in Cabinet Order with an extremely low likelihood of causing radiation hazards in view of the structure, quantity of radioisotopes in devices, etc. may be granted certification, pursuant to Cabinet Order, by the NRA or a registered certification organization (hereinafter referred to as a "specified design certification") for the part whose function is to prevent radiation hazards and for the conditions for use, storage and transport of the radioisotope devices (excluding conditions for yearly hours of use).
(3)A person intending to be granted design certification or specified design certification must submit a written application to the NRA or a registered certification organization, describing following matters;
(i)name or title, and the address, and, if the applicant is a corporation, name of its representative;
(ii)name and purpose of using the radioisotope device;
(iii)kinds and quantity of radioisotopes in the radioisotope device.
(4)The application referred to in the preceding paragraph must be accompanied by a document describing the design of the part whose function is to prevent radiation hazards and the conditions for use, storage and transport (excluding yearly hours of use in the case of a written application for specified design certification; the same applies to paragraph (1) of the following Article and Article 12-6), structural drawing of the radioisotope device, and other documents prescribed in the NRA Regulation.
(Standards for Certification)
Article 12-3(1)In cases where a person has applied for a design certification or a specified design certification, the NRA or a registered certification organization, when it finds that the design and the conditions for use, storage and transport in the application conform to the technical standards prescribed in the NRA Regulation for ensuring safety pertaining to radiation, must grant the design certification or specified design certification.
(2)The NRA or a registered certification organization, when it finds it necessary upon conducting a review for a design certification or a specified design certification, will conduct on-the-spot investigation of the system for the implementation of inspection under paragraph (2) of the following Article, pursuant to the NRA Regulation.
(Obligation of Conformity to Design, etc.)
Article 12-4(1)In cases where a person who has been granted a design certification or a specified design certification (hereinafter referred to as a "manufacturer of approved devices, etc.") manufactures or imports radioisotope devices, those devices must conform to the design pertaining to the design certification or specified design certification.
(2)A manufacturer of approved devices, etc. must inspect the radioisotope device referred to in the preceding paragraph for manufacturing or import, in accordance with the means of confirming the design certification or the specified design certification, and must keep and store the records of the inspection, pursuant to the NRA Regulation.
(Labeling of Approved Devices, etc.)
Article 12-5(1)A manufacturer of approved devices, etc. may attach a label to a radioisotope device that has been confirmed to conform to the design pertaining to the design certification in the inspection pursuant to the provisions of paragraph (2) of the preceding Article (hereinafter in this Article, referred to as "approved devices") or that has been confirmed to conform to the design pertaining to the specified design certification in the inspection pursuant to the provisions of the same paragraph (hereinafter in this Article, referred to as "specified approved device"), pursuant to the NRA Regulation.
(2)Any labels indicating that the device is an approved device pursuant to the provisions of the preceding paragraph (hereinafter referred to as an "approved device with a certification label"), or labels that are potentially misleading, must not be attached to any radioisotope device which is not an approved device.
(3)Any labels indicating that the device is a specified approved device pursuant to the provisions of paragraph (1) (hereinafter referred to as a "specified approved device with a certification label"), or labels that are potentially misleading, must not be attached to any radioisotope device which is not a specified approved device.
Article 12-6A person intending to sell or lease an approved device with a certification label or a specified approved device with a certification label, pursuant to the NRA Regulation, must attach a document to the said approved device with a certification label or specified approved device with a certification label, indicating the certification number (this term means the number of the said design certification or specified design certification), the conditions for use, storage and transport in connection with the design certification or specified design certification (hereinafter referred to as "conditions for certification"), and in cases of intending to manage the wastes of these devices, indicating that waste management is to be entrusted to the person prescribed in Article 19 paragraph (5), and other matters prescribed in the NRA Regulation.
(Revocation of Certification, etc.)
Article 12-7(1)When a manufacturer of approved devices, etc. fall under any of the following items, the NRA may revoke its design certification or specified design certification (hereinafter referred to as "design certification, etc.");
(i)when it has been granted the design certification, etc. through unlawful means;
(ii)when they have violated the provisions in Article 12-4 or Article 12-5 paragraph (2) or (3), or in the preceding Article.
(2)The NRA may, only to the extent necessary for preventing radiation hazards, order a manufacturer of approved devices, etc. falling under any of the items of the preceding paragraph and other persons violating the provisions of Article 12-5 paragraph (2) or (3) or the preceding Article, to recover the radioisotope devices which are unlawfully or in violation of those provisions, or take other measures required.
Chapter IV Obligation, etc. of Users Who Hold the Permission. and Users Who Have Notified, Sellers Who Have Notified, Lessors Who Have Notified and Licensed Radioactive Waste Management Operators, etc.
(Facility Inspections)
Article 12-8(1)A user who holds the specified permission (this term means a user who holds the permission (limited to the user installing storage facilities with a capacity larger than the capacity specified in Cabinet Order, depending on whether the radioisotopes kept are sealed or unsealed) who uses radioisotopes (excluding sealed radioisotopes prescribed in Cabinet Order as unlikely to cause radiation hazards in view of their structure, status of use, etc.; hereinafter in this paragraph, the same applies) or a user who holds the permission who uses radiation generators); hereinafter referred to as a "user who holds the specified permission", the same applies), when it has installed usage facilities, storage facilities or radioactive waste management facilities (hereinafter referred to as "usage facilities, etc.") or changed the location or structure of usage facilities, etc., or storage capacity of storage facilities (excluding minor changes prescribed in the NRA Regulation) with the permission referred to in Article 10 paragraph (2) pursuant to the NRA Regulation, must undergo an inspection by the NRA or an organization registered with the NRA (hereinafter referred to as a "registered inspection organization"), and must not use the said usage facilities, etc. until after they have passed the inspection.
(2)A licensed radioactive waste management operator, when installing radioactive waste repacking facilities, radioactive waste storage facilities or radioactive waste management facilities (hereinafter referred to as "radioactive waste repacking facilities, etc.") or changing the location, structure or equipment of radioactive waste repacking facilities, etc. (excluding minor changes prescribed in the NRA Regulation)) with the permission referred to in Article 11 paragraph (2), pursuant to the NRA Regulation, must undergo an inspection by the NRA or a registered inspection organization, and must not use the said radioactive waste repacking facilities, etc. until after they have passed the inspection.
(3)The inspection pursuant to the provisions of the preceding two paragraphs (hereinafter referred to as a "facility inspection") is considered as being passed when the installation or change of usage facilities, etc. or radioactive waste repacking facilities, etc. conforms to the conditions for the permission referred to in the main clause of Article 3 paragraph (1) or the license referred to in Article 4-2 paragraph (1), or the conditions for the permission for a change referred to in Article 10 paragraph (2) or Article 11 paragraph (2) (including the conditions pursuant to the provisions of Article 8 paragraph (1) (including as applied mutatis mutandis pursuant to Article 10 paragraph (3) and Article 11 paragraph (3))).
(Periodic Inspections)
Article 12-9(1)A user who holds the specified permission must undergo periodic inspections of usage facilities, etc. by the NRA or a registered inspection organization in each period specified in Cabinet Order, pursuant to the NRA Regulation.
(2)A licensed waste management operator must undergo periodic inspections of radioactive waste repacking facilities, etc. (excluding radioactive waste management facilities that have a radioactive waste burial site (including any attached facilities); hereinafter the same applies) by the NRA or a registered inspection organization, in each period specified in Cabinet Order, pursuant to the NRA Regulation.
(3)The inspection pursuant to the provisions of the preceding two paragraphs (hereinafter referred to as a "periodic inspection") is conducted to examine whether the said usage facilities, etc. or radioactive waste repacking facilities, etc. conform to technical standards in Article 6 items (i) through (iii) or Article 7 items (i) through (iii), respectively.
(Periodic Confirmation)
Article 12-10A user who holds the specified permission or a licensed radioactive waste management operator must periodically undergo the confirmation (hereinafter referred to as a "periodic confirmation") by the NRA or an organization registered by the NRA (hereinafter referred to as a "registered periodic confirmation organization") on the following matters, in each period specified in Cabinet Order, pursuant to the NRA Regulation;
(i)quantity of radiation and status of contamination due to radioisotopes or radiations emitted from a radiation generator (hereinafter referred to as "contamination due to radioisotopes, etc.") are measured pursuant to the NRA Regulation referred to in Article 20 paragraphs (1) and (2), and the results referred to in paragraph (3) of the same Article are recorded and kept;
(ii)entries into the books referred to in Article 25 paragraph (1) or (3) are conducted, pursuant to the NRA Regulation referred to in paragraph (1) or (3) of the same Article respectively, and the books are kept pursuant to the NRA Regulation referred to in paragraph (4) of the same Article.
(Obligation to Conform to Standards for Usage Facilities, etc.)
Article 13(1)A user who holds the permission must maintain the location, structure and equipment of its usage facilities, storage facilities and radioactive waste management facilities, so as to conform to the technical standards referred to in Article 6 items (i) through (iii).
(2)A user who has notified must maintain the location, structure and equipment of its storage facilities, so as to conform to the technical standards prescribed in the NRA Regulation.
(3)A licensed radioactive waste management operator must maintain the location, structure and equipment of its radioactive waste repacking facilities, radioactive waste storage facilities and radioactive waste management facilities, so as to conform to the technical standards referred to in Article 7 paragraphs (1) through (3).
(Order to Conform to Standards for Usage Facilities, etc.)
Article 14(1)When the NRA finds that the location, structure or equipment of usage facilities, storage facilities or radioactive waste management facilities fails to conform to the technical standards referred to in Article 6 items (i) through (iii), the NRA may order a user who holds the permission to relocate, repair or modify its usage facilities, storage facilities or radioactive waste management facilities, so as to conform to the technical standards.
(2)When the NRA finds that the location, structure or equipment of storage facilities fails to conform to the technical standards referred to in paragraph (2) of the preceding Article, the NRA may order a user who has notified to relocate, repair or modify its storage facilities, so as to conform to the technical standards.
(3)When the NRA finds that the location, structure or equipment of radioactive waste repacking facilities, radioactive waste storage facilities or radioactive waste management facilities fails to conform to the technical standards referred to in Article 7 items (i) through (iii), the NRA may order a licensed radioactive waste management operator to relocate, repair or modify its radioactive waste repacking facilities, radioactive waste storage facilities or radioactive waste management facilities, so as to conform to the technical standards.
(Standards for Use)
Article 15(1)A user who holds the permission and a user who has notified (hereinafter referred to as "a user who holds the permission and a user who has notified"), in cases of using radioisotopes or radiation generators. must take necessary measures to prevent radiation hazards in accordance with the technical standards prescribed in the NRA Regulation.
(2)When the NRA finds that the measures pertaining to the use of radioisotopes or radiation generators fail to conform to the technical standards referred to in the preceding paragraph, the NRA may order a user who holds the permission and a user who has notified to change the means of using radioisotopes or radiation generators and to take other necessary measures to prevent radiation hazards.
(Standards for Storage, etc.)
Article 16(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must take necessary measures to prevent radiation hazards in accordance with the technical standards prescribed in the NRA Regulation, in cases of storing radioisotopes or radioactively contaminated objects.
(2)When the NRA finds that measures on storage of radioisotopes or radioactively contaminated objects fail to conform to the technical standards referred to in the preceding paragraph, the NRA may order a user who holds the permission and a user who has notified and a licensed radioactive waste management operators to change the means of storing radioisotopes or radioactively contaminated objects and to take other necessary measures to prevent radiation hazards.
(3)A seller who has notified or a lessor who has notified must entrust the storage of radioisotopes or radioactively contaminated objects to a user who holds the permission and a user who has notified.
(Standards for Transport)
Article 17(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must take necessary measures to prevent radiation hazards in accordance with the technical standards prescribed in the NRA Regulation, in cases of transporting radioisotopes or radioactively contaminated objects inside a factory or the place of business (this term means the factory or the place of business where usage facilities, storage facilities or radioactive waste management facilities are installed for a user who holds the permission and a user who has notified, and the place of business conducting radioactive waste management where radioactive waste repacking facilities, radioactive waste storage facilities or radioactive waste management facilities are installed for a licensed radioactive waste management operator; hereinafter the same applies).
(2)In the cases referred to in the preceding paragraph, when the NRA finds that measures on the transport of radioisotopes or radioactively contaminated objects fail to conform to the technical standards referred to in the same paragraph, the NRA may order a user who holds the permission and a user who has notified or a licensed radioactive waste management operator to suspend the transport and to take other necessary measures to prevent radiation hazards.
(Confirmation on Transport,etc.)
Article 18(1)In the cases of transporting radioisotopes or radioactively contaminated objects outside a factory or the place of business (excluding transport by a vessel or an aircraft), a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified, a licensed radioactive waste management operator and persons who have been entrusted with transport by any of them (hereinafter referred to as "a user who holds the permission and a user who has notified etc.") must take necessary measures to prevent radiation hazards in accordance with the technical standards prescribed in the NRA Regulation (for railway, tram, cableway, trackless train, automobile, and light vehicle transport, excluding measures on packages to be transported, Order of Ministry of Land, Infrastructure, Transport and Tourism).
(2)In the cases referred to in the preceding paragraph, when the cases fall under the cases prescribed in Cabinet Order as particularly necessary to prevent radiation hazards due to radioisotopes or radioactively contaminated objects, a user who holds the permission and a user who has notified, etc. must be granted, for the measures on railway, tram, cableway, trackless train, automobile, and light vehicle transport (excluding measures on packages to be transported), the confirmation (hereinafter referred to as "transport means confirmation") by Minister of Land, Infrastructure, Transport and Tourism (in cases where the measures therein prescribed in Order of Minister of Land, Infrastructure, Transport and Tourism, the organization registered by Minister of Land, Infrastructure, Transport and Tourism (hereinafter referred to as a "registered confirmation organization for means of transport") or by Minister of Land, Infrastructure, Transport and Tourism), and for other measures on the transport, the confirmation (hereinafter referred to as "package confirmation") by the NRA (for measures on packages to be transported by means of containers granted approval referred to in the following paragraph, by the organizations registered by the NRA (hereinafter referred to as the "registered package confirmation organizations") or by the NRA), that those measures pertaining to the transport conform to the technical standards referred to in the same paragraph.
(3)A user who holds the permission and a user who has notified may be granted approval by the NRA in advance, pursuant to the NRA Regulation, for the container used in transport.In this case, the container on which approval by the NRA has already been granted is deemed to conform to the standards pertaining to containers among the technical standards referred to in paragraph (1).
(4)In the cases referred to in paragraph (1), the NRA or Minister of Land, Infrastructure, Transport and Tourism, when it finds that measures on transport of radioisotopes or radioactively contaminated objects fail to conform to the technical standards referred to in the same paragraph, may order a user who holds the permission and a user who has notified, etc. to suspend transport and take any other necessary measures to prevent radiation hazards.
(5)In the cases prescribed in paragraph (1), when the cases fall under the cases prescribed in Cabinet Order as being particularly necessary for ensuring public safety by preventing radiation hazards due to radioisotopes or radioactively contaminated objects, a user who holds the permission and a user who has notified, etc. must notify the prefectural public safety commission of the transport of radioisotopes or radioactively contaminated objects, pursuant to Cabinet Office Order.
(6)In cases where notification pursuant to the provisions of the preceding paragraph has been made, the prefectural public safety commission, when it deems it necessary to ensure public safety by preventing radiation hazards, may give necessary instructions, pursuant to Cabinet Office Order, concerning the date and time of transport, the route to be used, and any other matters prescribed in Cabinet Office Order.
(7)In cases where radioisotopes or radioactively contaminated objects are transported, they must be transported in accordance with the notification which was submitted pursuant to the provisions of paragraph (5) (when instructions prescribed in the preceding paragraph were provided, in accordance with those instructions).
(8)A police officer, when he/she deems it particularly necessary to ensure public safety by preventing radiation hazards due to radioisotopes or radioactively contaminated objects transported by an automobile or light vehicle, may stop the automobile or light vehicle and inspect whether transport is being conducted in compliance with the notification prescribed in paragraph (5) (when instructions referred to in paragraph (6) were provided, in compliance with the instructions), pursuant to Cabinet Office Order or may order a change of the route of transport and/or any other appropriate measures to be taken to the extent necessary for enforcing the provisions of the preceding three paragraphs in order to prevent radiation hazards.
(9)The authority prescribed in the preceding paragraph must not be construed as being granted for criminal investigation.
(10)In cases where transport concerns two or more prefectures, the liaison among the relevant prefectural public safety commissions regarding the notification referred to in paragraph (5) and instructions referred to in paragraph (6), are prescribed in Cabinet Order.
(Standards, etc. for Waste Management)
Article 19(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must take necessary measures to prevent radiation hazards in accordance with the technical standards prescribed in the NRA Regulation, in cases where they manage radioisotope waste or that of radioactively contaminated objects at a factory or the place of business.
(2)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must take necessary measures to prevent radiation hazards in accordance with the technical standards prescribed in the NRA Regulation, in cases where they manage radioisotope waste or that of radioactively contaminated objects outside a factory or place of business.
(3)The NRA, when it finds that waste management measures for radioisotope or radioactively contaminated objects fail to conform to the technical standards referred to in the preceding two paragraph, may order a user who holds the permission and a user who has notified and a licensed radioactive waste management operator to suspend waste management and to take other necessary measures to prevent radiation hazards.
(4)A seller who has notified or a lessor who has notified must entrust waste management of radioisotopes or radioactively contaminated objects to a user who holds the permission and a user who has notified or a licensed radioactive waste management operator.
(5)Beyond what is prescribed in the preceding paragraph, a person (excluding a user who holds the permission and a user who has notified or a licensed radioactive waste management operator) intending to manage the waste of approved devices with a certification label or specified approved devices with a certification label (hereinafter referred to as "approved devices with a certification label, etc.") must entrust the waste management to a user who holds the permission and a user who has notified or a licensed radioactive waste management operator.
(Confirmation on Waste Management)
Article 19-2(1)A user who holds the permission and a user who has notified or a licensed radioactive waste management operator, in cases where intending to manage waste of radioisotopes or radioactively contaminated objects outside a factory or the place of business, and the waste management falls under any of the cases prescribed in Cabinet Order as being particularly necessary to prevent radiation hazards due to radioisotopes or radioactively contaminated objects, must be granted the confirmation by the NRA that the measures for the waste management conform to the technical standards referred to in paragraph (2) of the preceding Article, pursuant to the NRA Regulation.
(2)A licensed radioactive waste management operator intending to implement the burial of radioisotope and radioactive waste for disposal must be granted, for each of the occasions, the confirmation (hereinafter referred to as "burial confirmation") by the NRA or an organization registered by the NRA (hereinafter referred to as a "registered burial confirmation organization") that the measures to be taken for the burial of radioactive waste conform to the technical standards referred to in paragraph (1) of the preceding Article, pursuant to the NRA Regulation.
(Measurement)
Article 20(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must measure the quantity of radiation and status of contamination due to radioisotopes, etc. at each site where there is a likelihood of radiation hazards, pursuant to the NRA Regulation.
(2)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must measure the quantity of radiation and status of contamination due to radioisotopes, etc. of any person who has entered usage facilities, radioactive waste repacking facilities, storage facilities or radioactive waste management facilities, pursuant to the NRA Regulation.
(3)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must keep and store records of the results of measurements referred to in the preceding two paragraphs, and take other measures prescribed in the NRA Regulation.
(Radiation Hazards Prevention Program)
Article 21(1)A user who holds the permission and a user who has notified, a seller who has notified (excluding a seller who sells only approved devices with a certification label, etc.; hereinafter in this Article, the same applies), a lessor who has notified (excluding a lessor who leases only approved devices with a certification label, etc.; hereinafter in this Article, the same applies) and a licensed radioactive waste management operator, must prepare the radiation hazards prevention program and notify the NRA of the program before commencement of use of radioisotopes or radiation generators, business of selling or leasing radioisotopes, or business of managing waste of radioisotopes or radioactively contaminated objects in order to prevent radiation hazards, pursuant to the NRA Regulation.
(2)The NRA, when it finds it necessary to prevent radiation hazards, may order a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator to revise their radiation hazards prevention program.
(3)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, when they have revised the radiation hazard prevention program, must notify the NRA of the revision within 30 days from the day when the revision was made.
(Education and Training on Prevention of Radiation Hazards)
Article 22A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must make their radiation hazards prevention programs known thoroughly and take other measures, and provide education and training necessary to prevent radiation hazards to personnel who enter any of their usage facilities, radioactive waste repacking facilities, storage facilities, radioactive waste storage facilities or radioactive waste management facilities, pursuant to the NRA Regulation.
(Health Surveillance)
Article 23(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must conduct health surveillance of personnel who enter any of their usage facilities, radioactive waste repacking facilities, storage facilities, radioactive waste storage facilities or radioactive waste management facilities, pursuant to the NRA Regulation.
(2)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator must keep and store records of the results of health surveillance referred to in the preceding paragraph, and take other measures prescribed in the NRA Regulation.
(Measures for Persons Who Have or Are Likely to Have Received Radiation Damage)
Article 24A user who holds the permission and a user who has notified (including users of approved devices with a certification label), a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, must restrict entry of any person who has received or is likely to have received radiation damage to their usage facilities, radioactive waste repacking facilities, storage facilities, radioactive waste storage facilities or radioactive waste management facilities, and take any other necessary measures to protect their health, pursuant to the NRA Regulation.
(Obligation to Prepare Books on Prevention of Radiation Hazards)
Article 25(1)A user who holds the permission and a user who has notified must, pursuant to the NRA Regulation, prepare books and record the following matters;
(i)matters regarding use, storage or waste management of radioisotopes;
(ii)matters regarding use of radiation generators;
(iii)matters regarding waste management of radioactively contaminated objects;
(iv)other necessary matters for prevention of radiation hazards.
(2)A seller who has notified and a lessor who has notified must prepare books and record the matters regarding selling, leasing, storage or waste management of radioisotopes and the matters set forth in items (iii) and (iv) of the preceding paragraph, pursuant to the NRA Regulation.
(3)A licensed radioactive waste management operator must prepare books and record the matters regarding storage or waste management of radioisotopes or radioactively contaminated objects and the matters set forth in paragraph (1) item (iv), pursuant to the NRA Regulation.
(4)The books referred to in the preceding three paragraphs must be kept on record pursuant to the NRA Regulation.
(Special Cases Pertaining to the Use, etc. of Approved Devices with a Certification Label, etc.)
Article 25-2(1)The provisions of Articles 15 through 17 and Articles 20 through 23 do not apply to use, storage and transport in accordance with the conditions for certification for approved devices with a certification label, etc.
(2)The provisions of Article 18 apply to the case where a user who holds the permission and a user who has notified transport approved devices with a certification label, etc. in accordance with the conditions for certification.In this case, in paragraph (1) of the same Article, the phrase term "excluding transport by a vessel or an aircraft" is deemed to be replaced with "limited to transport by railway, tram, cableway, trackless train, automobile or light vehicle", the term "the technical standards prescribed in the NRA Regulation (for railway, tram, cableway, trackless train, automobile, light vehicle transport, excluding measures on packages to be transported, Order of Ministry of Land, Infrastructure, Transport and Tourism)" is deemed to be replaced with "the technical standards prescribed in Order of Ministry of Land, Infrastructure, Transport and Tourism", and the term "necessary measures" is deemed to be replaced with "necessary measures (except for measures on packages to be transported)", in paragraph (2) in the same Article, the term "those measures pertaining to the transport" is deemed to be replaced with "those measures pertaining to the transport (except for measures on packages to be transported)", the term "for the measures on railway, tram, cableway, trackless train, automobile, and light vehicle transport (excluding the measures on packages to be transported), the confirmation (hereinafter referred to as "transport means confirmation") by Minister of Land, Infrastructure, Transport and Tourism (in cases where the measures therein prescribed in Order of Ministry of Land, Infrastructure, Transport and Tourism, the organization registered by Minister of Land, Infrastructure, Transport and Tourism (hereinafter referred to as a "registered confirmation organization for means of transport ") or by Minister of Land, Infrastructure, Transport and Tourism), and for other measures on the transport, the confirmation (hereinafter referred to as "package confirmation") by the NRA (for measures on packages to be transported by means of containers granted approval referred to in the following paragraph, by the organizations registered by the NRA (hereinafter referred to as "registered package confirmation organizations" or by the NRA)" is deemed to be replaced with "for the measures prescribed in Order of Ministry of Land, Infrastructure, Transport and Tourism, the confirmation (hereinafter referred to as "transport means confirmation") by the organizations registered by Minister of Land, Infrastructure, Transport and Tourism (hereinafter referred to as "registered transport means confirmation organizations") or Minister of Land, Infrastructure, Transport and Tourism), the term "the NRA or Minister of Land, Infrastructure, Transport and Tourism" in paragraph (4) of the same Article is deemed to be replaced with "Minister of Land, Infrastructure, Transport and Tourism". The provisions of paragraph (3) of the same Article do not apply to this case.
(3)The provisions of Article 18 paragraphs (1), (2) and (4), as applied pursuant to the provisions of the preceding paragraph following the deemed replacement of terms, apply mutatis mutandis to cases where any person other than a user who holds the permission and a user who has notified transport approved devices with a certification label, etc. in accordance with the conditions for certification.
(4)The provisions of paragraph (1) of the preceding Article apply to the use and storage of approved devices with a certification label, etc. by a user who holds the permission and a user who has notified in accordance with the conditions for certification. In this case, the term "the following matters" in the same paragraph is deemed to be replaced with "matters in items (i) and (iii)," and the terms "use, storage, or waste management" in item (i) of the same paragraph are deemed to be replaced with "waste management".
(5)The provisions of paragraphs (2) and (4) of the preceding Article do not apply to specified approved devices with a certification label.
(Measures to Be Taken for Security of Specified Radioisotopes in A Factory, etc.)
Article 25-3(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator, in cases where they handle specified radioisotopes at a factory or the place of business and the cases are prescribed in Cabinet Order, must manage specified radioisotopes by locking or other means, maintain and inspect equipment and instruments and take other necessary measures for security of specified radioisotopes, pursuant to the NRA Regulation.
(2)The NRA, when it finds the measures in the preceding paragraph are in violation of the provisions of the NRA Regulation referred to in the same paragraph, may order a user who holds the permission and a user who has notified or a licensed radioactive waste management operator to rectify handling method of specified radioisotopes or to take other necessary measures for security of specified radioisotopes.
(Specified Radioisotope Security Program)
Article 25-4(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator, in cases where prescribed in Cabinet Order referred to in paragraph (1) of the preceding Article, must prepare a specified radioisotope security program to secure specified radioisotopes and notify the NRA of the program before commencing the use of specified radioisotopes pursuant to the NRA Regulation.
(2)The NRA, when it finds it necessary for the security of specified radioisotopes, may order a user who holds the permission and a user who has notified or a licensed radioactive waste management operator to revise their specified radioisotope security program.
(3)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator, when they have revised specified radioisotope security program, must notify the NRA of the revision within 30 days from the day when the revision was made.
(Measures, etc. to Be Taken for Security of Specified Radioisotopes in Cases of Transport Outside a Factory, etc.)
Article 25-5The provisions of Article 18 apply to cases where a user who holds the permission and a user who has notified transport specified radioisotopes outside a factory or the place of business (excluding transport by a vessel or an aircraft). In these cases, the term "to prevent radiation hazards" in the paragraphs (1), (2) and (4) of the same Article is deemed to be replaced with "to prevent radiation hazards and to secure specified radioisotopes", the term "by preventing radiation hazards" in the paragraphs (5) and (6) of the same Article is deemed to be replaced with "by preventing radiation hazards and securing specified radioisotopes", and the term "to prevent radiation hazards" in the paragraph (8) of the same Article is deemed to be replaced with "to prevent radiation hazards and to secure specified radioisotopes".
(Conclusion of Agreement)
Article 25-6(1)In cases where a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator transport specified radioisotopes outside a factory or the place of business, pursuant to the NRA Regulation, they must identify the person responsible for the transport of the specified radioisotopes and take measures to conclude the agreement among a consigner, the person responsible for the transport of the specified radioisotopes and a consignee about the time and place of transfer of responsibility for the transport of the specified radioisotopes and other matters prescribed in the NRA Regulation before commencing the transport.
(2)In the case referred to in the preceding paragraph, a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, must notify the NRA of the conclusion of agreement prescribed in the same paragraph, before commencing the transport referred to in the same paragraph, pursuant to the NRA Regulation.
(Reports Pertaining to Specified Radioisotopes)
Article 25-7A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, when they acquire or transfer specified radioisotopes or in other cases prescribed in the NRA Regulation, must report its quantity, the date of receipt or transfer, name or title, and address of the other party and other matters prescribed in the NRA Regulation to the NRA, pursuant to the NRA Regulation.
(Education and Training on the Security of Specified Radioisotopes)
Article 25-8A user who holds the permission and a user who has notified and a licensed radioactive waste management operator, in cases where they handle specified radioisotopes, beyond what is prescribed in Article 22, must make their specified radioisotope security programs known thoroughly, and provide education and training necessary for security of specified radioisotopes to personnel who are engaged in duties regarding security of specified radioisotopes, pursuant to the NRA Regulation.
(Obligation to Prepare Books on the Security of Specified Radioisotopes)
Article 25-9(1)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, in cases where they handle specified radioisotopes, beyond what is prescribed in Article 25, must prepare books and record the following matters, pursuant to the NRA Regulation;
(i)matters regarding necessary measures for security of specified radioisotopes;
(ii)other matters necessary for security of specified radioisotopes.
(2)The books referred to in the preceding paragraph must be kept on record pursuant to the NRA Regulation.
(Revocation of Permission or License, etc.)
Article 26(1)The NRA may revoke the permission referred to in the main clause of Article 3 paragraph (1) or the license referred to in Article 4-2 paragraph (1) or order to suspend use of radioisotopes or radiation generators or waste management of radioisotopes or radioactively contaminated objects for a specified period of time within one year, in cases where a user who has the permission or a licensed radioactive waste management operator falls under any of the following items;
(i)in cases where the user or the operator has fallen under Article 5 paragraph (1) item (ii) or (iii), or any of items of paragraph (2) of the same Article;
(ii)in cases where the user or the operator has violated the conditions referred to in Article 8 paragraph (1) (including as applied mutatis mutandis pursuant to Article 10 paragraph (3) and Article 11 paragraph (3));
(iii)in cases where the user or the operator has changed the matters without permission, which must be granted the permission pursuant to the provisions of Article 10 paragraph (2) or Article 11 paragraph (2);
(iv)in cases where the user or the operator has changed the matters without giving notification, which must be notified pursuant to the provisions of Article 10 paragraph (5) or (6),;
(v)in cases where the user or the operator has violated the provisions of Article 12-8 paragraph (1) or (2), or Article 12-9 paragraph (1) or (2);
(vi)in cases where the user or the operator has violated the provisions of Article 13 paragraph (1) or (3);
(vii)in cases where the user or the operator has violated the order pursuant to the provisions of Article 14 paragraph (1) or (3);
(viii)in cases where the user or the operator has violated the technical standards referred to in Article 15 paragraph (1), Article 16 paragraph (1), Article 17 paragraph (1), Article 18 paragraph (1), or Article 19 paragraph (1) or (2);
(ix)in cases where the user or the operator has violated the order pursuant to the provisions of Article 15 paragraph (2), Article 16 paragraph (2), Article 17 paragraph (2), Article 18 paragraph (4), or Article 19 paragraph (3);
(x)in cases where the user or the operator has violated the provisions of Article 18 paragraph (2) or Article 19-2 paragraph (1);
(xi)in cases where the user or the operator has violated the provisions of Article 20, Article 23, Article 24, or Article 25 paragraph (1), (3), or (4);
(xii)in cases where the user or the operator has violated the provisions of Article 25-3 paragraph (1) or Article 25-6 paragraph (1);
(xiii)in cases where the user or the operator has violated the order pursuant to the provisions of Article 25-3 paragraph (2);
(xiv)in cases where the user or the operator has not made a notification pursuant to the provisions of Article 25-6 paragraph (2) or submitted a false notification;
(xv)in cases where the user or the operator has violated the provisions of the preceding Article;
(xvi)in cases where the user or the operator has violated the provisions of Article 29 item (i) or (v) or Article 30 item (i) or (iv);
(xvii)in cases where the user or the operator has violated the provisions of Article 34 paragraph (1) (including as applied mutatis mutandis pursuant to Article 37 paragraph (2)) or Article 37 paragraph (1);
(xviii)in cases where the user or the operator has violated the order pursuant to the provisions of Article 38;
(xix)in cases where the user or the operator has violated the provisions of Article 38-2 paragraph (1), of Article 37 paragraph (1) as applied mutatis mutandis pursuant to Article 38-3, or of Article 34 paragraph (1), as applied mutatis mutandis pursuant to Article 37 paragraph (2), as applied mutatis mutandis pursuant to Article 38-3;
(xx)in cases where the user or the operator has violated the order pursuant to the provisions of Article 38, as applied mutatis mutandis pursuant to Article 38-3.
(2)In cases where a user who has notified, a seller who has notified or a lessor who has notified falls under any of the following items, the NRA may order them to suspend use, selling or leasing of radioisotopes for a specified period of time within one year;
(i)in cases where the user, the seller or the lessor has changed matters which requires notification pursuant to the provisions of Article 3-2 paragraph (2) or Article 4 paragraph (2), without submitting a written notification;
(ii)in cases where the user, the seller or the lessor has violated the provisions of Article 13 paragraph (2);
(iii)in cases where the user, the seller or the lessor has violated the order pursuant to the provisions of Article 14 paragraph (2);
(iv)in cases where the user, the seller or the lessor has violated the technical standards referred to in Article 15 paragraph (1), Article 16 paragraph (1), Article 17 paragraph (1), Article 18 paragraph (1), or Article 19 paragraph (1) or (2);
(v)in cases where the user, the seller or the lessor has violated the order pursuant to the provisions of Article 15 paragraph (2), Article 16 paragraph (2), Article 17 paragraph (2), Article 18 paragraph (4), or Article 19 paragraph (3);
(vi)in cases where the user, the seller or the lessor has violated of the provisions of Article 16 paragraph (3), Article 18 paragraph (2), Article 19 paragraph (4), or Article 19-2 paragraph (1);
(vii)in cases where the user, the seller or the lessor has violated the provisions of Articles 20, 23, 24 or Article 25 paragraphs (1), (2) or (4);
(viii)in cases where the user, the seller or the lessor has violated the provisions of Article 25-3 paragraph (1) or Article 25-6 paragraph (1);
(ix)in cases where the user, the seller or the lessor has violated the order pursuant to the provisions of Article 25-3 paragraph (2);
(x)in cases where the user, the seller or the lessor has not made a notification pursuant to the provisions of Article 25-6 paragraph (2) or submitted a false notification;
(xi)in cases where the user, the seller or the lessor has violated the provisions of the preceding Article;
(xii)in cases where the user, the seller or the lessor has violated the provisions of Article 29 paragraphs (2) through (4), or Article 30 paragraph (2) or (3);
(xiii)in cases where the user, the seller or the lessor has violated the provisions of Article 34 paragraph (1) (including as applied mutatis mutandis pursuant to Article 37 paragraph (2)), or Article 37 paragraph (1);
(xiv)in cases where the user, the seller or the lessor has violated the order pursuant to the provisions of Article 38;
(xv)in cases where the user, the seller or the lessor has violated the provisions of Article 38-2 paragraph (1), of Article 37 paragraph (1) as applied mutatis mutandis pursuant to Article 38-3, or of Article 34 paragraph (1) as applied mutatis mutandis pursuant to Article 37 paragraph (2), as applied mutatis mutandis pursuant to Article 38-3;
(xvi)in cases where the user, the seller or the lessor has violated the order pursuant to the provisions of Article 38, as applied mutatis mutandis pursuant to Article 38-3.
(Merger, etc.)
Article 26-2(1)In the cases of the merger between corporations which are users who hold the permission (excluding the cases where a corporation which is a user who holds the permission continues to exist after the merger between a corporation which is a user who holds the permission and a corporation which does not hold the permission) or in the case of a split (limited to the cases where all of radioisotopes or radiation generators, radioactively contaminated objects, and usage facilities, etc. pertaining to the permission, are succeeded as a whole), when approval for the merger or split has been granted by the NRA, the corporation which continues to exist after the merger, the corporation which has been established by the merger, or the corporation which succeeded to the radioisotopes or radiation generators and radioactively contaminated objects, and usage facilities, etc. as a whole after the split, succeeds to the status of a user who holds the permission.
(2)In the cases of the merger between corporations which are licensed radioactive waste management operators (excluding the cases where a corporation which is a licensed radioactive waste management operator continues to exist after the merger between a corporation which is a licensed radioactive waste management operator and a corporation which is not a licensed radioactive waste management operator) or in the case of a split (limited to the cases where all of radioisotopes, radioactively contaminated objects, and radioactive waste repacking facilities, etc. pertaining to the license, are succeeded as a whole), when approval for the merger or split has been granted by the NRA, the corporation which continues to exist after the merger, or the corporation which has been established by the merger, or the corporation which succeeded to the radioisotopes, radioactively contaminated objects, and radioactive waste repacking facilities, etc. as a whole after the split, succeeds to the status of a licensed radioactive waste management operator.
(3)The provisions of Articles 5, 6, and 8 apply mutatis mutandis to the approval referred to in paragraph (1), and the provisions of Articles 5, 7, and 8 apply mutatis mutandis to the approval referred to in the preceding paragraph.In this case, the term in Article 5 "any person falling under any of the following items" is deemed to be replaced with "in cases where the corporation which continues to exist after the merger or the corporation which has been established by the merger, or the corporation which succeeded to radioisotopes or radiation generators and radioactively contaminated objects, and usage facilities, etc. as a whole after the split falls under any of the following items" for the approval referred to in paragraph (1), and is deemed to be replaced with "the corporation which continues to exist after the merger or the corporation which has been established by the merger, or the corporation which succeeded to the radioisotopes, radioactively contaminated objects, and radioactive waste repacking facilities, etc. as a whole after the split, falls under any of the following items" for the approval referred to in the preceding paragraph.
(4)In the cases of the merger between corporations which are users who have notified (excluding the cases where a corporation which is a user who has notified continues to exist after the merger between a corporation which is a user who has notified and a corporation which has not notified) or in the case of a split (limited to the cases where all of radioisotopes, radioactively contaminated objects, and storage facilities pertaining to the notification, are succeeded as a whole), the corporation which continues to exist after the merger or the corporation which has been established by the merger, or the corporation which succeeded to the radioisotopes, radioactively contaminated objects and storage facilities as a whole after the split, may succeed to the status of a user who has notified.
(5)In the cases of the merger between corporations which are notifiers of using approved devices with a certification label (excluding the cases where the corporation which is a notifier of using approved devices with a certification label continues to exist after the merger between the corporation which is a notifier of using approved devices with a certification label and the corporation which is not a notifier of using approved devices with a certification label), or in the case of a split (limited to the cases where all of approved devices with a certification label pertaining to the notification are succeeded), the corporation which continues to exist after the merger or the corporation which has been established by the merger, or the corporation which succeeded to the approved devices with a certification label after the split, may succeed to the status of a notifier of using approved devices with a certification label.
(6)In the cases of the merger between corporations which are sellers who have notified (excluding the cases where the corporation which is a seller who has notified continues to exist after the merger between the corporation which is a seller who has notified and the corporation which is not a seller who has notified), or in the case of a split (limited to the cases where all of radioisotopes pertaining to the notification are succeeded), the corporation which continues to exist after the merger or the corporation which has been established by the merger, or the corporation which succeeded to the radioisotopes after the split, may succeed to the status of a seller who has notified.
(7)In the cases of the merger between corporations which are lessors who have notified (excluding the cases where the corporation which is a lessor who has notified continues to exist after the merger between the corporation which is a lessor who has notified and the corporation which is not a lessor who has notified), or in the case of a split (limited to the cases where all of radioisotopes pertaining to the notification are succeeded), the corporation which continues to exist after the merger or the corporation which has been established by the merger, or the corporation which succeeded to the radioisotopes after the split, may succeed to the status of a lessor who has notified.
(8)A corporation which has succeeded to the status of a user who has notified, a notifier of using approved devices with a certification label, a seller who has notified or a lessor who has notified pursuant to the provisions of paragraph (4) through the preceding paragraph, must notify the NRA of the succession of status, pursuant to the NRA Regulation, within 30 days from the day of the succession.
(Succession of Licensed Radioactive Waste Management Operators)
Article 26-3(1)In the case of succession to a licensed radioactive waste management operator (limited to those who conduct burial of radioactive waste exclusively; hereinafter in this Article, the same applies), the successor succeeds to the status of a licensed radioactive waste management operator.
(2)A successor who has succeeded to the status of a licensed radioactive waste management operator pursuant to the provisions of the preceding paragraph must notify the NRA of the succession, pursuant to the NRA Regulation, within 30 days from the day of the succession.
(Acquisition of Radioactive Waste Burial Sites, etc.)
Article 26-4(1)A person intending to acquire a radioactive waste burial site or an entire radioactive waste repacking facility, etc. including a radioactive waste burial site from a licensed radioactive waste management operator (limited to those who conduct burial of radioactive waste) who has established the site, must receive the permission from the NRA, pursuant to Cabinet Order.
(2)The provisions of Articles 5, 7, and 8 apply mutatis mutandis to the permission referred to in the preceding paragraph.
(3)A person who has been granted the permission referred to in paragraph (1) and acquired a radioactive waste burial site or an entire radioactive waste repacking facility, etc. including a radioactive waste burial site from a licensed radioactive waste management operator who has established the relevant site, succeeds to the status of a licensed radioactive waste management operator for the said radioactive waste burial site.
(Notification of Discontinuation of Use, etc.)
Article 27(1)Excluding the case prescribed in Article 26 paragraph (1), in cases where a user who holds the permission and a user who has notified (including a notifier of using approved devices with a certification label; hereinafter in this Article, the same applies) have discontinued use of all radioisotopes or radiation generators pertaining to the permission or notification, or in cases where a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator has discontinued the business, the user who holds the permission and the user who has notified, the seller who has notified, the lessor who has notified or the licensed radioactive waste management operator, must notify the NRA of the discontinuation pursuant to the NRA Regulation.
(2)When notification pursuant to the provisions of the preceding paragraph has been made, the permission referred to in the main clause of Article 3 paragraph (1) or the license referred to in Article 4-2 paragraph (1) ceases to be effective.
(3)In cases where a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator has died, or a corporation which is a user who holds the permission and a user who has notified, a seller who has notified, a lessors who has notified or a licensed radioactive waste management operator has dissolved or has been split and no succession prescribed in Article 26-2 paragraph (1) and paragraph (2) or paragraphs (4) through (7), or Article 26-3 paragraph (1) has taken place, the successor or a person who manages the succeeded property in lieu of the successor, the liquidator, the bankruptcy trustee, a corporation which continues to exist after a merger or is established after a merger, or a corporation which has succeeded to radioisotopes, radiation generators, radioactively contaminated objects, usage facilities, etc., or radioactive waste repacking facilities, etc. after a split, must notify the NRA of the succession pursuant to the NRA Regulation.
(Measures, etc. Associated with Revocation of Permission or License, Discontinuation of Use, etc.)
Article 28(1)A user who holds the permission or a licensed radioactive waste management operator whose permission or license has been revoked pursuant to the provisions of Article 26 paragraph (1) or those who are to submit a written notification pursuant to the provisions of paragraph (1) or (3) of the preceding Article (including the case of application pursuant to the provisions of paragraph (7)) (hereinafter referred to as a "revoked user who holds the permission, etc."), pursuant to the NRA Regulation, must transfer radioisotopes, remove contamination due to radioisotopes, etc., manage wastes of radioactively contaminated objects, and take any other measures prescribed in the NRA Regulation.
(2)A revoked user who holds the permission, etc., when they intend to take measures referred to in the preceding paragraph, must in advance prepare a plan for those measures (hereinafter referred to as a "decommissioning plan") and notify the NRA of the plan, pursuant to the NRA Regulation.
(3)A revoked user who holds the permission, etc., when they intend to change the decommissioning plan submitted pursuant to the provisions of the preceding paragraph, must notify the NRA of the changes in advance, pursuant to the NRA Regulation; provided, however, that this does not apply to the minor changes prescribed in the NRA Regulation.
(4)A revoked user who holds the permission, etc. must take the measures referred to in paragraph (1) in accordance with the decommissioning plan notified pursuant to the provisions of paragraphs (2) (when a written notification of the changes pursuant to the provisions of the preceding paragraph, or minor changes prescribed in the proviso of the same paragraph have been made, the revised decommissioning plan).
(5)When measures described in the decommissioning plan have been completed, a revoked user who holds the permission, etc. must, pursuant to the NRA Regulation, report that fact and particulars of measures taken to the NRA, without delay.
(6)The NRA, when it deems that measures taken by a revoked user who holds the permission, etc. are inappropriate, may order the revoked user who holds the permission, etc. to take necessary measures for prevention of radiation hazards.
(7)The provisions of Articles 16 through 19-2, Article 24, Article 25-2 paragraphs (1) through (3), Articles 25-3 through 25-7, Article 25-9, paragraph (3) of the preceding Article, paragraph (8) of the following Article, Article 30 items (ix) and (x), Article 30-2, Articles 31-2 through 33-3, Articles 38-2 through 38-4, Article 42, Article 43-2, Article 48-2 and the provisions of appended Tables 3 through 5 (including penal provisions pertaining to these provisions) apply to a revoked user who holds the permission, etc., who has previously been a user who holds the permission and a user who has notified, a notifier of using approved devices with a certification label, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, pursuant to Cabinet Order, are deemed to be a user who holds the permission and a user who has notified., a user of approved devices with a certification label or a notifier of using approved devices with a certification label, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, respectively, until the completion of measures to be taken pursuant to the provisions of paragraph (1).In this case, the term "a user who holds the permission and a user who has notified." in Article 16 paragraph (3) is deemed to be replaced with "a user who holds the permission and a user who has notified. (excluding those deemed to be a user who holds the permission and a user who has notified, pursuant to the provision of Article 28 paragraph (7)", the term "a licensed radioactive waste management operator" in Article 19 paragraphs (4) and (5) is deemed to be replaced with "a licensed radioactive waste management operator (excluding those deemed to be a user who holds the permission and a user who has notified or a licensed radioactive waste management operator pursuant to the provision of Article 28 paragraph (7)", in Article 25-2 paragraph (1) the term "Articles 15 through 17 and Articles 20 through 23" is deemed to be replaced with "Articles 16 and 17", the term "use, storage" is replaced with "storage", in paragraph (3) of the preceding Article the term "have been split and no succession prescribed in Article 26-2 paragraph (1) and paragraph (2) or paragraphs (4) through (7), or Article 26-3 paragraph (1) has taken place" is deemed to be replaced with "has been split", in item (viii) of the following Article the term "a licensed radioactive waste management operator" is deemed to be replaced with "a licensed radioactive waste management operator (excluding those deemed to be a user who holds the permission and a user who has notified., a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, pursuant to the provisions of paragraph (7) of the preceding Article)", and the term in Article 30 item (x) "possesses radioisotopes for the purpose of transport" is deemed to be replaced with "possesses radioisotopes for the purpose of transport and taking the measures referred to in Article 24 or Article 33 paragraph (1) or (3)."
(8)The provisions of Article 30 item (viii) (including penal provisions pertaining to these provisions) apply to the cases where applying the provisions of Articles 24 and 33 pursuant to the provisions of the preceding paragraph. In this case, the term in the same item "possesses radioisotopes for the purpose of transport" is deemed to be replaced with "possesses radioisotopes for the purpose of transport and taking measures referred to in Article 24 or Article 33 paragraph (1) or (3)."
(Restrictions on the Transfer and Acquisition, etc. of Radioisotopes)
Article 29Radioisotopes (excluding those with which approved devices with a certification label, etc. are equipped; hereinafter in this Article, the same applies) must not be transferred, acquired, leased or lent in any cases other than those that fall under any of the following items;
(i)in cases where a user who holds the permission exports, and transfers or leases radioisotopes of the kinds described in the user's license to another user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, or acquires or rents the radioisotopes within the storage capacity of storage facilities described in the permit;
(ii)in cases where a user who has notified exports, and transfers or leases radioisotopes of the kinds notified to the NRA to another user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, or acquires or rents the radioisotopes within the storage capacity of storage facilities notified to the NRA;
(iii)in cases where a seller who has notified exports, and transfers or leases radioisotopes of the kinds notified to the NRA to a user who holds the permission and a user who has notified, another seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, or acquires or rents the radioisotopes;
(iv)in cases where a lessor who has notified exports, and transfers, or leases radioisotopes of the kinds notified to the NRA to a user who holds the permission and a user who has notified, a seller who has notified, another lessor who has notified or a licensed radioactive waste management operator, or acquires or rents the radioisotopes;
(v)in cases where a licensed radioactive waste management operator transfers or leases radioisotopes to a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or another licensed radioactive waste management operator, or acquires or rents radioisotopes within the storage capacity of radioactive waste storage facilities described in the license;
(vi)in cases where a user who holds the permission or a licensed radioactive waste management operator whose permit or license has been revoked pursuant to the provisions of Article 26 paragraph (1), exports radioisotopes which the user or the operator possessed on the day of revocation of the permission or the license, or transfers them to a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, pursuant to the NRA Regulation;
(vii)in cases where a person who is to notify the NRA pursuant to the provisions of Article 27 paragraph (1), exports radioisotopes which the person possessed on the day of discontinuation of the use or the business of selling, leasing or managing waste of radioisotopes, or transfers them to a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, pursuant to the NRA Regulation;
(viii)in cases where a person who must notify the NRA pursuant to the provisions of Article 27 paragraph (3), exports radioisotopes which a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified, or a licensed radioactive waste management operator possessed on the day of their death or, if they are companies, of their dissolution or split, or transfers them to a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, pursuant to the NRA Regulation;
(Restrictions on Possession)
Article 30Radioisotopes must not be possessed unless otherwise in the cases pursuant to laws and regulations or in the cases that fall under any of the following items;
(i)in cases where a user who holds the permission possesses radioisotopes of the kinds described in the user's permit within the storage capacity of storage facilities specified in the user's permit;
(ii)in cases where a user who has notified possesses radioisotopes of the kinds notified to the NRA within the storage capacity of storage facilities notified to the NRA;
(iii)in cases where a seller who has notified or a lessor who has notified possesses radioisotopes of the kinds notified to the NRA for the purpose of transport and for taking measures referred to in Article 24, or Article 33 paragraph (1) or (3);
(iv)in cases where a licensed radioactive waste management operator possesses radioisotopes within the storage capacity of radioactive waste storage facilities specified in the operator's license;
(v)in cases where approved devices with a certification label, etc. are used, kept or transported in accordance with the conditions for certification;
(vi)in cases where a user who holds the permission or a licensed radioactive waste management operator, whose permission or license has been revoked pursuant to the provisions of Article 26 paragraph (1), possesses radioisotopes which the user or the operator possessed on the day of revocation of the permission or the license, pursuant to the NRA Regulation;
(vii)in cases where a person who must notify the NRA pursuant to the provisions of Article 27 paragraph (1) , possesses radioisotopes which the person possessed on the day of discontinuation of use or waste management business of radioisotopes, pursuant to the NRA Regulation;
(viii)in cases where a person who is to notify the NRA pursuant to the provisions of Article 27 paragraph (1), possesses radioisotopes which the person possessed on the day of discontinuation of the business of selling or leasing radioisotopes, for the purpose of transport, pursuant to the NRA Regulation;
(ix)in cases where a person who must notify the NRA pursuant to the provisions of Article 27 paragraph (3), possesses radioisotopes which a user who holds the permission and a user who has notified or a licensed radioactive waste management operator possessed on the day of their death or, if they are companies, of their dissolution or split, pursuant to the NRA Regulation;
(x)in cases where a person who must notify the NRA pursuant to the provisions of Article 27 paragraph (3), possesses radioisotopes which a seller who has notified or a lessor who has notified possessed on the day of their death or, if they are companies, of their dissolution or split, for the purpose of transport, pursuant to the NRA Regulation;
(xi)in cases where a person who has been entrusted to transport radioisotopes by any of the persons set forth in each of the preceding items possesses the entrusted radioisotopes;
(xii)in cases where employees of any of organizations set forth in each of the preceding items possesses radioisotopes as a part of the their duties.
(Restrictions on Deep Sea Disposal)
Article 30-2(1)Radioisotopes or radioactively contaminated objects must not be disposed of into the sea in any cases other than those falling under any of the following items;
(i)in cases where a user who holds the permission and a user who has notified or a licensed radioactive waste management operator has been granted confirmation pursuant to the provisions of Article 19-2 paragraph (1);
(ii)in cases where deep sea disposal is unavoidable for ensuring the safety of human life, a vessel, aircraft, or an artificial marine structure.
(2)The term "deep sea disposal" as used in the preceding paragraph means the disposal of material from a vessel, aircraft, or artificial marine structure into the sea, or the combustion of material on a vessel or artificial marine structure for the purpose of disposing the material; provided, however, that this does not apply to the disposal of any material that is generated from the operation of that vessel, aircraft, or artificial marine structure, and of equipments installed on the facilities into the sea from a vessel, aircraft or artificial marine structure, or to the combustion of any material that is generated from the operation of the vessel, artificial marine structure, and of equipments installed on the facilities with the purpose of disposing the material on a vessel or artificial marine structure.
(Restrictions on Handling Radioisotopes)
Article 31(1)No one must allow any person falling under any of the following items to handle radioisotopes or radioactively contaminated objects;
(i)a person under 18 years of age;
(ii)a person prescribed in the NRA Regulation as being unable to appropriately take necessary measures to prevent radiation hazards (in cases of handling specified radioisotopes, necessary measures for prevention of radiation hazards and security of specified radioisotopes) due to physical or mental disability.
(2)No one must allow any person falling under any of the conditions in each item of the preceding paragraph to use radiation generators.
(3)The provisions of the preceding two paragraphs do not apply to an assistant nurse who has been granted a license pursuant to the Act on Public Health Nurses, Midwives, and Nurses (Act No. 203, 1948) and other persons prescribed in the NRA Regulation.
(Reports to the NRA, etc.)
Article 31-2A user who holds the permission and a user who has notified (including a user of approved devices with a certification label), a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, when accidents pertaining to their radioisotopes, radiation generators or radioactively contaminated objects which are likely to cause or actually have caused radiation hazards, or other events prescribed in the NRA Regulation (in cases of transporting radioisotopes or radioactively contaminated objects outside a factory or the place of business, the NRA Regulation or Order of Ministry of Land, Infrastructure, Transport and Tourism, or in cases pertaining to notification pursuant to the provisions of Article 18 paragraph (5), Cabinet Office Order; hereinafter in this Article, the same applies) have occurred, must make a report to the NRA pursuant to the NRA Regulation without delay, on the situation of the events and other matters prescribed in the NRA Regulation (in cases of transporting radioisotopes or radioactively contaminated objects outside a factory or the place of business, to the NRA or Minister of Land, Infrastructure, Transport and Tourism, or in cases pertaining to notification pursuant to the provisions of the same paragraph, to a prefectural public safety commission).
(Notification to Police Officers, etc.)
Article 32A user who holds the permission and a user who has notified, etc. (including users of approved devices with a certification label and persons entrusted to transport radioisotopes by users of approved devices with a certification label; the same applies to the following Article), when any theft or disappearance of radioisotopes in their possession, or other accidents involving the radioisotopes have occurred, must notify a Police officer or a Coast Guard officer of that fact without delay.
(Measures in Emergencies)
Article 33(1)A user who holds the permission and a user who has notified, etc., in cases where radiation hazards involving radioisotopes, radiation generators or radioactively contaminated objects that the users possess are likely to occur or have occurred, must take emergency measures immediately, pursuant to the NRA Regulation (in cases pertaining to transport of radioisotopes or radioactively contaminated objects outside a factory or the place of business, the NRA Regulation or Order of Ministry of Land, Infrastructure, Transport and Tourism).
(2)A person who has discovered the situation referred to in the preceding paragraph must notify a Police officer or a Coast Guard officer of that fact, immediately.
(3) The NRA, (in cases of the transport of radioisotopes or radioactively contaminated objects outside a factory or the place of business, the NRA or Minister of Land, Infrastructure, Transport and Tourism), when it deems it as urgently necessary in order to prevent radiation hazards in the cases referred to in paragraph (1), may order the persons prescribed in the same paragraph to alter the place of radioisotopes or radioactively contaminated objects, remove contamination due to radioisotopes, etc., or take any other necessary measures for preventing radiation hazards.
(Special Measures Pertaining to Waste Management)
Article 33-2Radioisotopes or radioactively contaminated objects of which waste management has been entrusted to a radioactive waste management operator (this term means a licensee of radioactive waste disposal or storage activity prescribed in Article 51-5 paragraph (1) of the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors (Act No. 166, 1957; hereinafter in this Article, referred to as "Reactor Regulation Act"); the same applies in this Article) by a user who holds the permission and a user who has notified and a licensed radioactive waste management operator, are deemed to be nuclear fuel material (referred to nuclear fuel material prescribed in Article 2 paragraph (2) of the Reactor Regulation Act; the same applies in this Article) or objects contaminated with nuclear fuel material (limited to the cases where those objects have been carried into a factory or the place of business of the radioactive waste management operator), for the application of laws and regulations prescribed in this Act, the Reactor Regulation Act and other Cabinet Orders.
(Confirmation of Concentration of Radioactivity, etc.)
Article 33-3(1)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator may be granted confirmation of concentration of radioactivity (hereinafter referred to as "concentration confirmation") by the NRA or an organization registered by the NRA (hereinafter referred to as an "registered radioactivity concentration confirmation organization") that radioactivity concentration of radiation emitting isotopes contained in radioactively contaminated objects does not exceed the standard specified by the NRA Regulation, not requiring measures to prevent hazards due to radiation, pursuant to the NRA Regulation.
(2)A person intending to be granted concentration confirmation must measure and evaluate radioactivity concentration of radiation emitting isotopes contained in the material for which concentration confirmation is intended to be granted, based on the means of measuring and evaluating radioactivity concentration which have been granted in advance approval by the NRA, pursuant to the NRA Regulation, and must then submit a written application describing the results and other documents prescribed in the NRA Regulation, to the NRA or a registered radioactivity concentration confirmation organization.
(3)The materials for which concentration confirmation has been granted may be handled as not radioactively contaminated objects, for application of laws and regulations pursuant to this Act, the Waste Management and Public Cleaning Act (Act No. 137, 1970) and other Cabinet Orders.
Chapter V Radiation Protection Supervisors, etc.
(Radiation Protection Supervisors)
Article 34(1)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator must appoint a radiation protection supervisor from among the persons specified in the following items in accordance with the categories listed in the respective items, and have this person supervise activities to prevent radiation hazards.In this case, a physician or a dentist may be appointed as a radiation protection supervisor when radioisotopes or radiation generators are used for medical purposes, and a pharmacist may be appointed when radioisotopes or radiation generators are used at a manufacturing facility producing pharmaceuticals, quasi-pharmaceutical products, cosmetics, medical devices, or products of regenerative medicine products, etc. prescribed in Article 2 of the Law on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No. 145, 1960);
(i)a user who holds the specified permission, a user who holds the permission who uses unsealed radioisotopes, or a licensed radioactive waste management operator: a person who has been granted the certificate as the first-class radiation protection supervisor referred to in paragraph (1) of the following Article (referred to as the "first-class radiation protection supervisor certificate" in the following item and item (iii));
(ii)a user who holds the permission other than those prescribed in the preceding item: a person who has been granted the first-class radiation protection supervisor certificate or the certificate as the second-class radiation protection supervisor referred to in paragraph (1) of the following Article (referred to as the "second-class radiation protection supervisor certificate" in the following item);
(iii)a user who has notified, a seller who has notified or a lessor who has notified: a person who has been granted the first-class radiation protection supervisor certificate, the second-class radiation protection supervisor certificate, or the certificate as the third-class radiation protection supervisor referred to in paragraph (1) of the following Article.
(2)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, when they have appointed a radiation protection supervisor, must notify the NRA of that fact within 30 days from the day of the appointment, pursuant to the NRA Regulation. The same applies to the dismissal of the radiation protection supervisor.
(Radiation Protection Supervisor Certificates)
Article 35(1)Certificates for radiation protection supervisors consist of the first-class radiation protection supervisor certificates, the second-class radiation protection supervisor certificates, and the third-class radiation protection supervisor certificates.
(2)The first-class radiation protection supervisor certificate is issued by the NRA to a person who has passed the examination for certification as the first-class radiation protection supervisor, conducted by the NRA or an organization registered by the NRA (hereinafter referred to as a "registered examination organization"), and completed the training to qualify for the first-class radiation protection supervisor conducted by the NRA or an organization registered by the NRA (hereinafter referred to as a "registered qualification training organization").
(3)The second-class radiation protection supervisor certificate is issued by the NRA to a person who has passed the examination for certification as the second-class radiation protection supervisor, conducted by the NRA or a registered examination organization, and completed the training to qualify for the second-class radiation protection supervisor conducted by the NRA or a registered qualification training organization.
(4)The third-class radiation protection supervisor certificate is issued by the NRA to a person who has completed the training to qualify for a third-class radiation protection supervisor conducted by the NRA or a registered qualification training organization.
(5)The NRA may refuse to issue a radiation protection supervisor certificate to a person who falls under any of the following items;
(i)a person who has been ordered to return a radiation protection supervisor certificate pursuant to the provisions of the following paragraph, and for whom one year has not yet elapsed from the day when the person was ordered to return the certificate;
(ii)a person who has been sentenced to a fine or heavier punishment in violation of any of the provisions of this Act or the orders pursuant to this Act, and for whom two years have not yet elapsed from the day when execution of the sentence has been completed or the person became no longer subject to execution of the sentence.
(6)In cases where a person who has been issued a radiation protection supervisor certificate has violated any of the provisions of this Act or the orders pursuant to this Act, the NRA may order the person to return the radiation protection supervisor certificate.
(7)The examinations for certification as the first-class radiation protection supervisor certificate and the second-class radiation protection supervisor certificate (hereinafter collectively referred to as "examinations") are implemented for the purpose of determining whether the applicants possess specialized knowledge and abilities necessary for handling radioisotopes or radiation generators. Both examinations are conducted in the subjects prescribed in the NRA Regulation.
(8)The qualification training for the first-class radiation protection supervisor, the second-class radiation protection supervisor and the third-class radiation protection supervisor (hereinafter collectively referred to as "qualification training") are provided in the subjects prescribed in the NRA Regulation.
(9)Beyond what is prescribed in the preceding two paragraphs, procedures and other implementation particulars of the examinations, procedures and other implementation particulars of qualification training, procedures for issuing, reissuing and returning radiation protection supervisor certificates, and other matters necessary for radiation protection supervisor certificates are prescribed in the NRA Regulation.
(Obligations, etc. of Radiation Protection Supervisors)
Article 36(1)Radiation protection supervisors must execute their duties in good faith.
(2)A person who enters usage facilities, radioactive waste repacking facilities, storage facilities, radioactive waste storage facilities or radioactive waste management facilities, must comply with instructions given by the radiation protection supervisor in charge for the purpose of ensuring the execution of the provisions of this Act, the orders pursuant to this Act, or of the radiation hazards prevention program.
(3)Beyond what is prescribed in the preceding paragraph, a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified, and a licensed radioactive waste management operator, must respect opinions of the radiation protection supervisor for prevention of radiation hazards.
(Periodic Training for Radiation Protection Supervisors)
Article 36-2(1)Those who are prescribed in the NRA Regulation among a user who holds the permission and a user who has notified., a seller who has notified, a lessor who has notified, and a licensed radioactive waste management operator, must have their radiation protection supervisors undergo periodically training in order to improve their skill, in each period of time specified by the NRA Regulation (hereinafter referred to as "periodic training for radiation protection supervisors") provided by an organization registered by the NRA (hereinafter referred to as a "registered periodic training organization for radiation protection supervisor").
(2)Periodic training for radiation protection supervisors is provided on the subjects prescribed in the NRA Regulation.
(3)Beyond what is prescribed in the preceding paragraph, procedures and other implementation particulars of periodic training for radiation protection supervisors are prescribed in the NRA Regulation.
(Training Instructions)
Article 36-3(1)The NRA, when it deems necessary for prevention of radiation hazards, may instruct a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, to have their radiation protection supervisor undergo training provided by the NRA for a specified period of time.
(2)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator who received the instructions referred to in the preceding paragraph, must have the appointed radiation protection supervisors undergo training within the period of time given in the instructions.
(3)Beyond what is prescribed in the preceding two paragraphs, the subjects and other matters necessary for training are prescribed in the NRA Regulation.
(Deputy of Radiation Protection Supervisors)
Article 37(1)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, pursuant to the NRA Regulation, must appoint a deputy of their radiation protection supervisor, who uses radioisotopes or radiation generators, or manages waste of radioisotopes or radioactively contaminated objects, for the period during which the radiation protection supervisor is unable to perform duties because of travel, illness or an accident.
(2)The provisions of Article 34 paragraph (1) apply mutatis mutandis to qualification for a deputy of a radiation protection supervisor.
(3)A user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator, when they have appointed a deputy of their radiation protection supervisor, must notify the NRA of that fact within 30 days from the day of the appointment, unless otherwise the cases prescribed in the NRA Regulation. The same applies to the dismissal of the deputy of a radiation protection supervisor.
(4)In cases where a deputy of a radiation protection supervisor performs duties on behalf of a radiation protection supervisor, the deputy is deemed to be a radiation protection supervisor for application of the provisions of this Act and the orders pursuant to this Act.
(Dismissal Orders)
Article 38The NRA, when a radiation protection supervisor or a deputy has violated any of the provisions of this Act or the orders pursuant to this Act, may order a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator, to dismiss the radiation protection supervisor or the deputy.
(Specified Radioisotope Security Manager)
Article 38-2(1)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator, in cases where prescribed in Cabinet Order referred to in Article 25-3 paragraph (1), must appoint their specified radioisotope security manager among the persons who satisfy the requirements prescribed in the NRA Regulation regarding knowledge on handling of specified radioisotopes, etc., in order to have the manager supervise uniformly the duties on security of specified radioisotopes, pursuant to provisions of the NRA Regulation.
(2)A user who holds the permission and a user who has notified and a licensed radioactive waste management operator, when they have appointed their specified radioisotope security managers pursuant to the provisions of the preceding paragraph, must notify the NRA of that fact within 30 days from the day of the appointment, pursuant to the NRA Regulation. The same applies to the dismissal of the specified radioisotope security manager.
(Application, Mutatis Mutandis)
Article 38-3The provisions of Articles 36 through 38 apply mutatis mutandis to specified radioisotope security managers.In this case, the term in these provisions "a user who holds the permission and a user who has notified, a seller who has notified, a lessor who has notified" is deemed to be replaced with "a user who holds the permission and a user who has notified.", the term "prevention of radiation hazards" is deemed to be replaced with "security of specified radioisotopes", the term "periodic training for radiation protection supervisors" is deemed to be replaced with "periodic training for specified radioisotope security managers", the term "radiation hazards prevention program" in Article 36 paragraph (2) is deemed to be replaced with "specified radioisotope security program", the term "an organization registered by the NRA (hereinafter referred to as a "registered periodic training organization for radiation protection supervisor")" in Article 36-2 paragraph (1) is deemed to be replaced with "an organization registered by the NRA", the term "who uses radioisotopes or radiation generators, or manages waste of radioisotopes or radioactively contaminated objects" in Article 37 paragraph (1) is deemed to be replaced with "who intends to handle specified radioisotopes", the term "Article 34 paragraph (1)" in paragraph (2) of the same Article is deemed to be replaced with "Article 38-2 paragraph (1)". Beyond what is prescribed above, other necessary technical replacements of terms regarding these provisions are prescribed in Cabinet Order.
Chapter VI Responsibility of Users Who Hold the Permission and Users Who Have Notified, etc.
Article 38-4A user who holds the permission and a user who has notified (including a user of approved devices with a certification label), a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator are responsible for improving duties, enhancing education and training and taking other measures for prevention of radiation hazards and for security of specified radioisotopes, taking into account the latest knowledge on the safety in the field of research, development and utilization of nuclear power, pursuant to the provisions of this Act.
Chapter VII Registered Certification Organizations, etc.
(Registration of Registered Certification Organizations)
Article 39The registration referred to in Article 12-2 paragraph (1) is made upon application by a person who intends to conduct procedures regarding design certification, etc. (hereinafter referred to as "design certification procedures").
(Provisions for Disqualification)
Article 40The NRA must not register any person, in cases where the person who has applied for the registration pursuant to the provisions of the preceding Article (referred to as an "applicant for registration" in the following Article) falls under any of the following items;
(i)a person who has been sentenced to a fine or heavier punishment for violating the provisions of this Act or the orders pursuant to this Act, and for whom two years have not elapsed yet from the day when the execution of the sentence has been completed or the person became no longer subject to the execution of the sentence;
(ii)a person whose registration has been revoked, pursuant to the provision of Article 41-12, and for whom two years have not yet elapsed from the day of revocation;
(iii)a corporation, and any of whose executives conducting duties falls under either of the preceding two items.
(Requirements for Registration, etc.)
Article 41(1)The NRA, when an applicant for registration conforms to all of the following requirements, must register the applicant.In this case, the procedures necessary for registration are prescribed in the NRA Regulation;
(i)the number of design certification personnel, who have enough knowledge and experience to conform to any of the following conditions and review the application for design certification, etc. must be three or more;
(a)persons who have been granted the first-class radiation protection supervisor certificate;
(b)persons who have completed and graduated from a formal science course at a university or a technical college under the School Education Act (Act No. 26, 1947) (including person who has completed the said course and completed the first half of the course in a professional college pursuant to the same Act; hereinafter the same applies) and thereafter have two years or more of experience being engaged in practical operation (limited to operation regarding prevention of radiation hazards; hereinafter in this Chapter, the same applies) in handling radioisotopes, radiation generators or radioactively contaminated objects;
(c)persons who have completed and graduated from a formal science course at a high school or a secondary education school under the School Education Act (Act No. 26, 1947) and thereafter have five years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(d)persons who have knowledge and experience equivalent to or higher than those set forth in (a) through (c).
(ii)full-time chief design certification personnel (limited to an applicant for registration (in cases where the applicant is a corporation, an executive of the corporation) or employees of the applicant) who have enough knowledge and experience to conform to any of the following conditions, are to manage the review for design certification, etc.;
(a)persons who have five years or more of experience being engaged in duties of design certification personnel;
(b)persons who have been granted the first-class radiation protection supervisor certificate and thereafter have five years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(c)persons who have knowledge and experience equivalent to or higher than those set forth in (a) and (b).
(iii)the applicant for registration does not fall under any of the following conditions as a person controlled by any of the persons listed in Appended Table 1 (hereinafter in this item, referred to as "stakeholders");
(a)in cases where the applicant for registration is a stock company, its stakeholder is its parent corporation (this term means a Parent Corporation prescribed in Article 879 paragraph (1) of the Companies Act (Act No. 86, 2005); the same applies in Article 41-19-2 item (iii)(a) and Article 41-21-2 item (iii)(a));
(b)the ratio of the number of executives or employees of stakeholders (including persons who were the executives or employees of the stakeholders in the past two years) to the number of executive members of the applicant for registration (employees who perform operations, if the applicant is a membership company (this term means a Membership Company prescribed in Article 575 paragraph (1) of the Companies Act; the same applies to Article 41-19-2 item (iii)(b) and Article 41-21-2 item (iii)(b))) exceeds one-half;
(c)the applicant for registration (if it is a corporation, an executive with the right to represent the corporation) is an executive or an employee of the stakeholders (including a person who was an executive or an employee of the stakeholder in the past two years).
(iv)the applicant for registration is not insolvent.
(2)The registration in Article 12-2 paragraph (1) is to be made by describing the following matters in the register of registered certification organization;
(i)date of registration and registration number;
(ii)name or title, and address of registered person;
(iii)content of design certification procedures to be conducted by the registered person;
(iv)location of the place of business where the registered person will conduct design certification procedures;
(v)beyond what is set forth in each of the preceding items, matters prescribed in the NRA Regulation.
(Renewal of Registration)
Article 41-2(1)Registration referred to in Article 12-2 paragraph (1) expires by lapse of time unless it is renewed within each of the periods of from five years to 10 years specified in Cabinet Order.
(2)The provisions of the preceding two Articles apply mutatis mutandis to the renewal of registration referred to in the preceding paragraph.
(Obligations, etc. of Examinations for Design Certification, etc.)
Article 41-3(1)When requested for an examination for design certification, a registered certification organization must carry out examination for design certification, etc. without delay, unless otherwise there is a just cause.
(2)A registered certification organization must carry out examination for design certification, etc. in a fair manner through the means that conform to the technical standards referred to in Article 12-3 paragraph (1) or any other means prescribed in the NRA Regulation.
(Notification of Changes in Registered Information)
Article 41-4A registered certification organization, when it intends to change any of the matters set forth in Article 41 paragraph (2) items (ii) through (v), must notify the NRA of the change two weeks prior to the planned date of change.
(Operational Rules for Design Certification)
Article 41-5(1)A registered certification organization must establish the rules for design certification procedures (hereinafter referred to as "operational rules for design certification") and be granted approval by the NRA before commencing design certification procedures. The same applies when the rules are intended to be changed.
(2)The operational rules for design certification must specify implementation method for design certification procedures, measures to ensure the reliability of examinations for design certification, etc., fees charged for examinations for design certification, etc. and other matters prescribed in the NRA Regulation.
(3)The NRA, when it deems the operational rules for design certification as approved referred to in paragraph (1) have become inappropriate for the purpose of performing fair examinations for design certification, etc., may order the registered certification organization to revise its operational rules for design certification.
(Suspension or Discontinuation of Services)
Article 41-6A registered certification organization must not suspend nor discontinue all or part of its design certification procedures without permission of the NRA.
(Maintaining and Viewing, etc. of Financial Statements, etc.)
Article 41-7(1)A registered certification organization must prepare an inventory of assets, balance sheets, and profit and loss statements or income and expenditure statements, and business reports (including electronic or magnetic records (electronic or magnetic records mean the records used in computerized information processing which are created in electronic form, magnetic form or any other forms that cannot be perceived by the human senses; hereinafter in this Article, the same applies), in cases where they are prepared in lieu of the documents,; hereinafter referred to as "financial statements, etc." in the following paragraph and Article 58) and submit them to the NRA within three months from the end of each business year, and store them at its office for a period of five years.
(2)A person concerned may make a request for the following at any time during the business hours of a registered certification organization; provided, however, that the requests referred to in the following item (ii) or (iv) must be made with the payment of fees specified by the registered certification organization;
(i)when they are kept in paper form, request to view or copy financial statements, etc.;
(ii)request for a transcript or an abstract of the documents in the preceding item;
(iii)when they are kept in electronic or magnetic form, request to view or copy electronic or magnetic records of financial statements, etc. that are presented by the means prescribed in the NRA Regulation;
(iv)request for providing electric or magnetic records referred to in the preceding item by the electric or magnetic means prescribed in the NRA Regulation, or a request for issuance of the same records in paper form.
(Design Certification Personnel, etc.)
Article 41-8(1)A registered certification organization, when it has appointed design certification personnel or chief design certification personnel (hereinafter referred to as "certification personnel, etc."), must notify the NRA of that fact within 15 days from the day of the appointment. The same applies when it has changed these personnel.
(2)The NRA may order a registered certification organization to dismiss its certification personnel, etc., when those personnel, etc. have violated this Act, the order or disposition pursuant to this Act or the operational rules for design certification, or have acted in a significantly inappropriate way in conducting design certification procedures.
(3)A person who has been dismissed from a post of certification personnel, etc. pursuant to the order pursuant to the provisions of the preceding paragraph, and for whom two years have not yet elapsed from the day of the dismissal, cannot become design certification personnel, etc.
(Obligation of Confidentiality, etc.)
Article 41-9(1)A registered certification organization (in cases where the organization is a corporation, an executive of the corporation; the same applies in the following paragraph), an employee of a registered certification organization (including certification personnel; the same applies in the same paragraph), or those that have previously been such an organization or employee, must not divulge any secret that has been learned with respect to design certification procedures.
(2)Registered certification organizations or its employees who are engaged in design certification procedures are deemed to be officials engaged in the public service pursuant to laws and regulations for application of the Penal Code (Act No. 45, 1907) and other penal provisions.
(Order for Conformity)
Article 41-10The NRA may, when it finds that a registered certification organization has ceased to conform to any of the items of Article 41 paragraph (1), order the registered certification organization to take the measures necessary to conform to those provisions.
(Improvement Order)
Article 41-11The NRA may, when it finds that a registered certification organization has violated the provisions of Article 41-3, order the registered certification organization to perform design certification procedures pursuant to the provisions of the same Article or to take necessary measures to improve means of examination for design certification, etc. or other operations.
(Revocation of Registration, etc.)
Article 41-12When an NRA, if the registered certification organization falls under any of the following items, may revoke its registration or suspend all or part of its design certification procedures for a specified period;
(i)when the organization has fallen under the cases of Article 40 item (i) or item (iii);
(ii)when the organization has violated the provisions of Article 41-4, Article 41-6, Article 41-7 paragraph (1), or the following Article;
(iii)when the organization has performed an examination for design certification, etc., without following the operational rules for design certification, for which the approval was granted pursuant to the provisions of Article 41-5 paragraph (1);
(iv)when the organization has violated the orders pursuant to the provisions of Article 41-5 paragraph (3), Article 41-8 paragraph (2), Article 41-10, or the preceding Article;
(v)when the organization has refused to accept the requests pursuant to the provisions of any of the items in Article 41-7 paragraph (2) without just cause;
(vi)when the organization has been registered through unlawful means.
(Entries into Books)
Article 41-13A registered certification organization must, pursuant to the NRA Regulation, prepare books, record the matters on design certification procedures prescribed in the NRA Regulation, and store the records.
(Design Certification Procedures Implemented by the NRA)
Article 41-14(1)The NRA, when the registration referred to in Article 12-2 paragraph (1) has been done, decides not to have an examination for design certification, etc. carried out by the registered certification organization.
(2)The NRA may perform all or part of design certification procedures, when there is no person that has been registered pursuant to the provisions of Article 12-2 paragraph (1), when the NRA has granted the permission for the suspension or discontinuation of all or part of design certification procedures pursuant to the provisions of Article 41-6, when the NRA has revoked the registration referred to in Article 12-2 paragraph (1) or ordered a registered certification organization to suspend all or part of design certification procedures pursuant to the provisions of Article 41-12, and when it has become difficult for a registered certification organization to perform all or part of design certification procedures due to a natural disaster or other force majeure, or when the NRA finds it necessary in other cases.
(3)The transfer and other necessary matters in cases where the NRA takes over all or part of design certification procedures, pursuant to the provisions of the preceding paragraph, are prescribed in the NRA Regulation.
(Registration of Registered Inspection Organizations)
Article 41-15The registration referred to in Article 12-8 paragraph (1) is made upon applications by a person who intends to perform inspection operations (hereinafter referred to as "inspection work") regarding facility inspections and periodic inspections (hereinafter referred to as "facility inspections, etc.").
(Application, Mutatis Mutandis)
Article 41-16The provisions of Articles 40 through 41-14 apply mutatis mutandis to the registration referred to in Article 12-8 paragraph (1).In this case, throughout these provisions (excluding Article 41 paragraph (1) item (i) and paragraph (2) item (iii) of the same Article),the term "design certification personnel" is deemed to be replaced with "inspector", the term "examination for design certification, etc." is deemed to be replaced with "facility inspections, etc.", the term "chief design certification personnel" is deemed to be replaced with "chief inspector", the term "design certification procedures" is deemed to be replaced with "inspection work", the term "registered certification organization" is deemed to be replaced with "registered inspection organization", the term "operational rules for design certification" is deemed to be replaced with "operational rules for inspection", the term "design certification personnel, etc." is deemed to be replaced with "inspector, etc.", in Article 41 paragraph (1) item (i) the term "design certification personnel" is deemed to be replaced with "inspector", the term "examination for design certification, etc." is deemed to be replaced with "facility inspections, etc. prescribed in Article 41-15 (hereinafter referred to simply as "facility inspections, etc.")", the term in item (iii) of the same paragraph "appended Table 1" is deemed to be replaced with "appended Table 2", the term in paragraph (2) of the same Article "register of registered certification organizations" is deemed to be replaced with "register of registered inspection organizations", the term in item (iii) of the same paragraph "design certification procedures" is deemed to be replaced with "inspection work prescribed in Article 41-15 (hereinafter referred to simply as "inspection work")", and the term in Article 41-3 paragraph (2) "means that conform to the technical standards referred to in Article 12-3 paragraph (1) or any other means prescribed in the NRA Regulation" is deemed to be replaced with "means prescribed in the NRA Regulation". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of Registered Periodic Confirmation Organizations)
Article 41-17The registration referred to in Article 12-10 is made upon applications by a person who intends to perform operations regarding periodic confirmation (hereinafter referred to as "periodic confirmation operations").
(Application, Mutatis Mutandis)
Article 41-18The provisions of Articles 40 through 41-14 apply mutatis mutandis to the registration referred to in Article 12-10.In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)), the term "design certification personnel" is deemed to be replaced with "periodic confirmation personnel", the term "examination for design certification, etc." is deemed to be replaced with "periodic confirmation", the term "chief design certification personnel" is deemed to be replaced with "chief periodic confirmation personnel", the term "design certification procedures" is deemed to be replaced with "periodic confirmation operations", the term "registered certification organization" is deemed to be replaced with "registered periodic confirmation organization", the term "operational rules for design certification" is deemed to be replaced with "operational rules for periodic confirmation", the term "design certification personnel, etc." is deemed to be replaced with "periodic confirmation personnel, etc.", the term in Article 41 paragraph (1) item (iii) "appended Table 1" is deemed to be replaced with "appended Table 2", the term in paragraph (2) of the same Article "register of registered certification organizations" is deemed to be replaced with "register of periodic confirmation organizations", the term in item (iii) of the same paragraph "design certification procedures" is deemed to be replaced with "periodic confirmation operations prescribed in Article 41-17 (hereinafter referred to simply as "periodic confirmation operations", and the term in Article 41-3 paragraph (2) "means that conform to the technical standards prescribed in Article 12-3 paragraph (1) or any other means prescribed in the NRA Regulation" is deemed to be replaced with "means prescribed in the NRA Regulation". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of Registered Confirmation Organizations for Means of Transport)
Article 41-19The registration of a registered confirmation organization for means of transport referred to in Article 18 paragraph (2) is made upon applications by a person who intends to perform the operations regarding the confirmation of means of transport (hereinafter referred to as "operations of transport means confirmation").
(Requirements for Registration, etc.)
Article 41-19-2Minister of Land, Infrastructure, Transport and Tourism, when a person who has submitted a written application for registration pursuant to the provisions of the preceding Article (hereinafter in this Article, referred to as an "applicant for registration") conforms to all of the following requirements, must register the applicant. In this case, procedures necessary for registration are prescribed in Order of Ministry of Land, Infrastructure, Transport and Tourism;
(i)the number of transport means confirmation personnel, who have enough knowledge and experience to conform to any of the conditions set forth in the following (a) through (d) and either (e) or (f) and perform confirmation of means of transport, must be three or more;
(a)persons who have been granted the first-class radiation protection supervisor certificate;
(b)persons who have completed and graduated from a formal science course at a university or a technical college under the School Education Act (Act No. 26, 1947) and thereafter have two years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(c)persons who have completed and graduated from a formal science course at a high school or a secondary education school under the School Education Act (Act No. 26, 1947) and thereafter have five years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(d)persons who have knowledge and experience equivalent to or higher than those set forth in (a) through (c);
(e)persons who have two years or more of experience being engaged in operation regarding security of specified radioisotopes;
(f)persons who have knowledge and experience equivalent to or higher than those set forth in (e).
(ii)full-time chief transport means confirmation personnel (limited to an applicant for registration (in cases where the applicant is a corporation, an executive of the corporation) or employees of the applicant) who have enough knowledge and experience to conform to any of the conditions set forth in (a) through (c) and either (d) or (e), are to manage the transport means confirmation;
(a)persons who have five years or more of experience being engaged in the operation (limited to the operation regarding confirmation of necessary measures for preventing radiation hazards) as transport means confirmation personnel;
(b)persons who have been granted the first-class radiation protection supervisor certificate and thereafter have five years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(c)persons who have knowledge and experience equivalent to or higher than those set forth in (a) or (b);
(d)persons who have two years or more of experience being engaged in practical operation regarding security of specified radioisotopes;
(e)persons who have knowledge and experience equivalent to or higher than those set forth in (d).
(iii)the applicant for registration does not fall under any of the following conditions as a person controlled by any of the persons listed in Appended Table 3 (hereinafter in this item and Article 41-21-2 item (iii), referred to as "stakeholders");
(a)in cases where the applicant for registration is a stock company, its stakeholder is its parent corporation;
(b)the ratio of the number of executives or employees of stakeholders (including persons who were the executives or employees of the stakeholders in the past two years) to the number of executive members of the applicant for registration (if the applicant is a membership company, employees who perform operations) exceeds one-half;
(c)the applicant for registration (if it is a corporation, an executive with the right to represent the corporation) is an executive or an employee of the stakeholders (including a person who was an executive or an employee of the stakeholder in the past two years).
(iv)the applicant for registration is not insolvent.
(Application, Mutatis Mutandis)
Article 41-20The provisions of Articles 40, Article 41 paragraph (2) and Articles 41-2 through 41-14 apply mutatis mutandis to the registration pertaining to a registered confirmation organization for means of transport referred to in Article 18 paragraph (2). In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)),the term "NRA" is deemed to be replaced with "Minister of Land, Infrastructure, Transport and Tourism", the term "the NRA Regulation" is deemed to be replaced with "Order of Ministry of Land, Infrastructure, Transport and Tourism", the term "design certification personnel" is deemed to be replaced with "transport means confirmation personnel", the term "examination for design certification, etc." is deemed to be replaced with "transport means confirmation", the term "design certification procedures" is deemed to be replaced with "transport means confirmation operations", the term "registered certification organization" is deemed to be replaced with "registered confirmation organization for means of transport", the term "operational rules for design certification" is deemed to be replaced with "operational rules for transport means confirmation", the term "design certification personnel, etc." is deemed to be replaced with "transport means confirmation personnel, etc.", the term "register of registered certification organizations" in Article 41 paragraph (2) is deemed to be replaced with "register of registered confirmation organizations for means of transport", the term in the same item "design certification procedures" is replaced with "operations of confirmation for means of transport prescribed in Article 41-19 (hereinafter referred to simply as "transport means confirmation operations")", and the term in Article 41-3 paragraph (2) "means that conform to the technical standards prescribed in Article 12-3 paragraph (1) or any other means prescribed in the NRA Regulation" is deemed to be replaced with "means prescribed in Order of Ministry of Land, Infrastructure, Transport and Tourism", the term in Article 41-8 paragraph (1) "chief design certification personnel" is deemed to be replaced with "chief transport means confirmation personnel". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of Registered Package Confirmation Organizations)
Article 41-21The registration pertaining to a registered package confirmation organization referred to in Article 18 paragraph (2) is made upon applications by a person who intends to perform the operations regarding the confirmation of packages (hereinafter referred to as "package confirmation operations").
(Requirements for Registrations,etc.)
Article 41-21-2The NRA, when a person who has submitted a written application for registration pursuant to the provisions of the preceding Article (hereinafter in this Article, referred to as an "applicant for registration") conforms to all of the following requirements, must register the applicant. In this case, the procedures necessary for registration are prescribed in the NRA Regulation;
(i)the number of package confirmation personnel, who have enough knowledge and experience to conform to any of conditions set forth in (a) through (d) and either (e) or (f) and perform the package confirmation, must be three or more;
(a)persons who have been granted the first-class radiation protection supervisor certificate;
(b)persons who have completed and graduated from a formal science course at a university or a technical college under the School Education Act (Act No. 26, 1947) and thereafter have two years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(c)persons who have completed and graduated from a formal science course at a high school or a secondary education school under the School Education Act (Act No. 26, 1947) and thereafter have five years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(d)persons who have knowledge and experience equivalent to or higher than those set forth in (a) through (c);
(e)persons who have two years or more of experience being engaged in practical operation regarding security of specified radioisotopes;
(f)persons who have knowledge and experience equivalent to or higher than those set forth in (e).
(ii)full-time chief package confirmation personnel (limited to an applicant for registration (in cases where the applicant is a corporation, an executive of the corporation) or employees of the applicant) who have enough knowledge and experience to conform to any of the conditions set forth in (a) through (c) and either (d) or (f), are to manage the package confirmation;
(a)persons who have five years or more of experience being engaged in the operation (limited to the operation regarding confirmation of necessary measures for prevention of radiation hazards) as package confirmation personnel;
(b)persons who have been granted the first-class radiation protection supervisor certificate and thereafter have five years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(c)persons who have knowledge and experience equivalent to or higher than those set forth in (a) or (b);
(d)persons who have two years or more of experience being engaged in practical operation regarding the security of specified radioisotopes;
(e)persons who have knowledge and experience equivalent to or higher than those set forth in (d).
(iii)the applicant for registration, as a person controlled by stakeholders, does not fall under any of the following conditions;
(a)in cases where the applicant for registration is a stock company, its stakeholder is its parent corporation;
(b)the ratio of the number of executives or employees of stakeholders (including persons who were the executives or employees of the stakeholders in the past two years) to the number of executive members of the applicant for registration (if the applicant is a membership company, employees who perform operations) exceeds one-half;
(c)the applicant for registration (if it is a corporation, an executive with the right to represent the corporation) is an executive or an employee of the stakeholders (including a person who was an executive or an employee of the stakeholders in the past two years).
(iv)the applicant for registration is not insolvent.
(Application, Mutatis Mutandis)
Article 41-22The provisions of Articles 40, Article 41 paragraph (2) and Articles 41-2 through 41-14 apply mutatis mutandis to the registration pertaining to an registered package confirmation organization referred to in Article 18 paragraph (2). In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)), the term"design certification personnel" is deemed to be replaced with "package confirmation personnel", the term "examination for design certification, etc." is deemed to be replaced with "package confirmation", the term "operation of design certification" is deemed to be replaced with "operation of package confirmation", the term "registered certification organization" is deemed to be replaced with "an registered package confirmation organization", the term "operational rules for design certification" is deemed to be replaced with "operational rules for package confirmation", the term "design certification personnel, etc." is deemed to be replaced with "package confirmation personnel, etc.", the term in Article 41 paragraph (2) "register of registered certification organizations" is deemed to be replaced with "register of registered package confirmation organizations", the term in the same item "operations of design certification" is deemed to be replaced with "operations of package confirmation prescribed in Article 41-21 (hereinafter referred to simply as "package confirmation operations")", and the term in Article 41-3 paragraph (2) "means that conform to the technical standards referred to in Article 12-3 paragraph (1) or any other means prescribed in the NRA Regulation" is deemed to be replaced with "means prescribed in the NRA Regulation", the term in Article 41-8 paragraph (1) "chief design certification personnel" is deemed to be replaced with "chief package confirmation personnel". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of registered burial confirmation organizations)
Article 41-23The registration referred to in Article 19-2 paragraph (2) is made upon applications by a person who intends to perform the operations regarding the confirmation of burial (hereinafter referred to as "burial confirmation operations").
(Application, Mutatis Mutandis)
Article 41-24The provisions of Articles 40 through 41-14 apply mutatis mutandis to the registration referred to in Article 19-2 paragraph (2).In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)) the term "design certification personnel" is deemed to be replaced with "burial confirmation personnel", the term "examination for design certification, etc." is deemed to be replaced with "burial confirmation", the term "chief design certification personnel" is deemed to be replaced with "chief burial confirmation personnel", the term "operations of design certification" is deemed to be replaced with "burial confirmation operations", the term "registered certification organization" is deemed to be replaced with "registered burial confirmation organization", the term "operational rules for design certification" is deemed to be replaced with "operational rules for burial confirmation", the term "design certification personnel, etc." is deemed to be replaced with "burial confirmation personnel, etc.", the term in Article 41 paragraph (1) item (iii) "appended Table 1" is deemed to be replaced with "appended Table 4", the term in paragraph (2) of the same Article "register of registered certification organizations" deemed to be replaced with "register of registered burial confirmation organizations", the term in item (iii) of the same paragraph "operations of design certification" is deemed to be replaced with "burial confirmation operations prescribed in Article 41-23 (hereinafter referred to simply as "burial confirmation operations)", and the term in Article 41-3 paragraph (2) "means that conform to the technical standards referred to in Article 12-3 paragraph (1) or any other means prescribed in the NRA Regulation" is deemed to be replaced with "methods prescribed in the NRA Regulation". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of registered Radioactivity Concentration Confirmation Organizations)
Article 41-25The registration referred to in Article 33-3 paragraph (1) is made upon applications by a person who intends to perform the operations regarding the confirmation of radioactivity concentration (hereinafter referred to as "operations for the confirmation of the concentration of radioactivity").
(Application, Mutatis Mutandis)
Article 41-26The provisions of Articles 40 through 41-14 apply mutatis mutandis to the registration referred to in Article 33-3 paragraph (1).In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)) the term "design certification personnel" is deemed to be replaced with "concentration confirmation personnel", the term "examination for design certification, etc." is deemed to be replaced with "concentration confirmation", the term "chief design certification personnel" is deemed to be replaced with "chief concentration confirmation personnel", the term "design certification procedures" is deemed to be replaced with "operations for the confirmation of the concentration of radioactivity", the term "registered certification organization" is deemed to be replaced with "registered radioactivity concentration confirmation organization", the term "operational rules for design certification" is deemed to be replaced with "operational rules for concentration confirmation", the term "design certification personnel, etc." is deemed to be replaced with "concentration certification personnel, etc.", the term in Article 41 paragraph (1) item (iii) "appended Table 1" is deemed to be replaced with "appended Table 5", the term in paragraph (2) of the same Article "register of registered certification organizations" is deemed to be replaced with "register of registered radioactivity concentration confirmation organizations", the term in item (iii) of the same paragraph "design certification procedures" is deemed to be replaced with "operations of radioactivity concentration confirmation prescribed in Article 41-25 (hereinafter referred to simply as "operations for the confirmation of the concentration of radioactivity")", and the term in Article 41-3 paragraph (2) "means that conform to the technical standards referred to in Article 12-3 paragraph (1) or any other means prescribed in the NRA Regulation" is deemed to be replaced with "means prescribed in the NRA Regulation". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of Registered Examination Organizations)
Article 41-27The registration of examination organizations referred to in Article 35 paragraph (2) is made upon applications by a person who intends to conduct the operations regarding examination (hereinafter referred to as "examination operations").
(Requirements for Registration, etc.)
Article 41-28The NRA, when a person who has submitted a written application for registration pursuant to the provisions of the preceding Article conforms to all of the following requirements, must register the applicant.In this case, the procedures necessary for registration are prescribed in the NRA Regulation;
(i)the applicant conducts examinations on the subjects prescribed in the NRA Regulation referred to in Article 35 paragraph (7);
(ii)the number of examiners, who have enough knowledge and experience to conform to any of the following conditions, prepare examination questions and determine whether an examinee has the knowledge and ability required to be a radiation protection supervisor, must be 20 or more;
(a)persons who work or worked in the past as a professor or an associate professor in the field of radiation-related courses at a university under the School Education Act;
(b)persons who have completed and graduated from a formal science course at a university or a technical college under the School Education Act and thereafter have been engaged for 10 years or more in radiation-related research at a research institute of a corporation founded by the national government, a local government or under special laws;
(c)persons who have knowledge and experience equivalent to or higher than those set forth in (a) or (b).
(iii)Full-time manager who ensures the reliability of examinations is assigned and Full-time department working exclusively for the management of examination operations is placed;
(iv)the applicant for registration is not insolvent.
(Ensuring Reliability)
Article 41-29(1)A registered examination organization must prepare documents regarding management of examination operations (including matters on maintaining confidentiality of the examinations and qualifying standards for passing examination) and take other measures to ensure the reliability of examination operations prescribed in the NRA Regulation.
(2)A registered examination organization must conduct fair examinations in accordance with implementation particulars of the examination referred to in Article 35 paragraph (9).
(Application, Mutatis Mutandis)
Article 41-30The provisions of Article 40, Article 41 paragraph (2), Article 41-2, and Articles 41-4 through 41-14 apply mutatis mutandis to the registration pertaining to a registered examination organization referred to in Article 35 paragraph (2).In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)) the term "design certification procedures" is deemed to be replaced with "examination operations", the term "registered certification organizations" is deemed to be replaced with "registered examination organizations", the term "operational rules for design certification" is deemed to be replaced with "operational rules for examination", the term "examination for design certification, etc." is deemed to be replaced with "examinations", the term in Article 41 paragraph (2) "register of registered certification organizations" is deemed to be replaced with "register of registered examination organizations", the term in item (iii) of the same paragraph "design certification procedures" is deemed to be replaced with "examination operations prescribed in Article 41-27 (hereinafter referred to simply as "examination operations")", the term in the title of Article 41-8 and paragraphs (2) and (3) of the same Article "design certification personnel, etc.", and the term in paragraph (1) of the same Article "design certification personnel or chief design certification personnel (hereinafter referred to as "design certification personnel, etc.")" and the term in Article 41-9 paragraph (1) "design certification personnel" are replaced with "examiners", the term in Article 41-10 "any of the items of Article 41 paragraph (1)" is deemed to be replaced with "any of the items of Article 41-28", and the term in Article 41-11 "Article 41-3" is deemed to be replaced with "Article 41-29". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of Registered Qualification Training Organizations)
Article 41-31The registration pertaining to a registered qualification training organizations referred to in Article 35 paragraph (2) is made upon conducted applications by a person who intends to perform the operation of providing qualification training (hereinafter referred to as "operations of qualification training").
(Requirements for Registration, etc.)
Article 41-32The NRA, when a person who has submitted a written application for registration pursuant to the provisions of the preceding Article conforms to all of the following requirements, must register the applicant.In this case, the procedures necessary for registration are prescribed in the NRA Regulation;
(i)the applicant is to provide qualification training on the subjects prescribed in the NRA Regulation referred to in Article 35 paragraph (viii);
(ii)an instructor, who has knowledge and experience that conform to either of the following conditions, is to provide qualification training ;
(a)persons who have been granted the first-class radiation protection supervisor certificate and thereafter have two years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(b)persons who have knowledge and experience equivalent to or higher than those set forth in (a).
(iii)the applicant for registration is not insolvent.
(Obligations on Providing Qualification Training)
Article 41-33A registered qualification training organization must provide fair qualification training in accordance with implementation particulars of the qualification training referred to in Article 35 paragraph (9).
(Application, Mutatis Mutandis)
Article 41-34The provisions of Article 40, Article 41 paragraph (2), Article 41-2, and Articles 41-4 through 41-14 apply mutatis mutandis to the registration pertaining to a registered qualification training organization referred to in Article 35 paragraph (2).In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)) the term "design certification procedures" is deemed to be replaced with "operations of qualification training", the term "registered certification organization" is deemed to be replaced with "registered qualification training organization", the term "operational rules for design certification" is deemed to be replaced with "operational rules for qualification training", the term "examination for design certification, etc." is deemed to be replaced with "qualification training", the term in Article 41 paragraph (2) "register of registered certification organizations" is deemed to be replaced with "register of registered qualification training organizations", the term in item (iii) of the same paragraph "design certification procedures" is deemed to be replaced with "operations of qualification training prescribed in Article 41-31 (hereinafter referred to simply as "operations of qualification training")", the term in the title of Article 41-8 and paragraphs 2 and 3 of the same Article "design certification personnel, etc.", the term in paragraph (1) of the same Article "design certification personnel or chief design certification personnel" (hereinafter referred to as "design certification personnel, etc.")" and the term in Article 41-9 paragraph (1) "design certification personnel" are replaced with "instructors", the term in Article 41-10 "any of the items of Article 41 paragraph (1)" is deemed to be replaced with "any of the items of Article 41-32", and the term in Article 41-11 "Article 41-3" is deemed to be replaced with "Article 41-33". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of registered periodic training organizations for Radiation Protection Supervisors)
Article 41-35The registration referred to in Article 36-2 paragraph (1) is made upon applications by a person who intends to conduct the operation of providing periodic training for radiation protection supervisors (hereinafter referred to as "conducting periodic training for radiation protection supervisors".
(Requirements for Registration, etc.)
Article 41-36The NRA, when a person who has submitted a written application for registration pursuant to the provisions of the preceding Article conforms to all of the following requirements, must register the applicant.In this case, the procedures necessary for registration are prescribed in the NRA Regulation;
(i)the applicant is to provide periodic training for radiation protection supervisors on the subjects prescribed in the NRA Regulation referred to in Article 36-2 paragraph (2);
(ii)an instructor, who has knowledge and experience that conform to either of the following conditions, is to provide periodic training for radiation protection supervisors;
(a)persons who have been granted the first-class radiation protection supervisor certificate and thereafter have two years or more of experience being engaged in practical operation of handling radioisotopes, radiation generators or radioactively contaminated objects;
(b)persons who have knowledge and experience equivalent to or higher than those set forth in (a).
(iii)the applicant for registration is not insolvent.
(Obligations on Providing Periodic Training for Radiation Protection Supervisors)
Article 41-37A registered periodic training organization for radiation protection supervisors must provide fair periodic training for radiation protection supervisors in accordance with implementation particulars referred to in Article 36 paragraph (2) item (iii).
(Operational Rules for Periodic Training for Radiation Protection Supervisors)
Article 41-38(1)A registered periodic training organization for radiation protection supervisors must establish the rules for conducting periodic training for radiation protection supervisors (referred to as "operational rules for periodic training for radiation protection supervisors" in the following paragraph) and notify the NRA of the rules before commencement of conducting periodic training for radiation protection supervisors. The same applies when the rules are intended to be changed.
(2)The operational rules for periodic training for radiation protection supervisors must specify implementation method for periodic training for radiation protection supervisors, fees charged for periodic training for radiation protection supervisors and other matters prescribed in the NRA Regulation.
(Suspension or Discontinuation of Service)
Article 41-39A registered periodic training organization for radiation protection supervisors, when it intends to suspend or discontinue all or part of operations of periodic training for radiation protection supervisors, must notify the NRA of that fact in advance, pursuant to the NRA Regulation.
(Application, Mutatis Mutandis)
Article 41-40The provisions of Article 40, Article 41 paragraph (2), Article 41-2, Article 41-4, Article 41-7, Articles 41-10 through 41-13, and Article 41-14 paragraphs (2) and (3) apply mutatis mutandis to the registration referred to in Article 36-2 paragraph (1).In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii) the term "design certification procedures" is deemed to be replaced with "conducting periodic training for radiation protection supervisors", the term "registered certification organization" is deemed to be replaced with "registered periodic training organization for radiation protection supervisors", the term in Article 41 paragraph (2) "register of registered certification organizations" is deemed to be replaced with "register of registered periodic training organizations for radiation protection supervisors", the term in the same item "design certification procedures" is deemed to be replaced with "conducting periodic training for radiation protection supervisors" prescribed in Article 41-35 (hereinafter referred to simply as "conducting periodic training for radiation protection supervisors"), the term in Article 41-10 "any of the items of Article 41 paragraph (1)" is deemed to be replaced with "any of the items of Article 41-36", the term in Article 41-11 "Article 41-3" is deemed to be replaced with "Article 41-37", in Article 41-14 paragraph (2) the term "Article 41-6" is deemed to be replaced with "Article 41-39", and the term "when the NRA has granted the permission" is deemed to be replaced with "when the NRA has notified of". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
(Registration of registered periodic training organizations for Specified Radioisotope Security Managers)
Article 41-41The registration referred to in Article 36-2 paragraph (1) as applied mutatis mutandis pursuant to Article 38-3, is made upon applications by a person who intends to provide periodic training for specified radioisotope security managers (hereinafter, simply referred to as "periodic training for specified radioisotope security managers") prescribed in Article 36-2 paragraph (1), as applied mutatis mutandis pursuant to Article 38-3 (hereinafter referred to as "operation of periodic training for specified radioisotope security managers").
(Requirements for Registration, etc.)
Article 41-42The NRA, when a person who has submitted a written application for registration pursuant to the provisions of the preceding Article conforms to all of the following requirements, must register the applicant.In this case, the procedures necessary for registration are prescribed in the NRA Regulation;
(i)the applicant is to provide periodic training for specified radioisotope security managers on the subjects prescribed in the NRA Regulation referred to in Article 36-2 paragraph (2), as applied mutatis mutandis pursuant to Article 38-3;
(ii)an instructor, who has the knowledge and experience that conform to either of the following conditions, is to provide periodic training for specified radioisotope security managers;
(a)persons who have been appointed as a specified radioisotope security manager and thereafter have two years or more of experience being engaged in unified management of the operation for protection of specified radioisotopes;
(b)persons who have knowledge and experience equivalent to or higher than those set forth in (a).
(iii)the applicant for registration is not insolvent.
(Obligations on Providing Periodic Training for Specified Radioisotope Security Managers)
Article 41-43Persons who have been registered (hereinafter referred to as "registered periodic training organizations for specified radioisotope security managers") referred to in Article 36-2 paragraph (1), as applied mutatis mutandis pursuant to Article 38-3, must provide fair periodic training for specified radioisotope security managers in accordance with implementation particulars referred to in Article 36-2 paragraph (3), as applied mutatis mutandis pursuant to Article 38-3.
(Operational Rules for Periodic Training for Specified Radioisotope Security Managers)
Article 41-44registered periodic training organization for specified radioisotope security managers must establish the rules for conducting periodic training for specified radioisotope security managers (referred to as "operational rules for periodic training for specified radioisotope security managers" in the following paragraph) and notify the NRA of the rules before commencement of conducting periodic training for specified radioisotope security managers. The same applies when the rules are intended to be changed.
(Suspension or Discontinuation of Service)
Article 41-45A registered periodic training organization for specified radioisotope security managers, when it intends to suspend or discontinue all or part of conducting periodic training for specified radioisotope security managers, must notify the NRA of that fact in advance, pursuant to the NRA Regulation.
(Application, Mutatis Mutandis)
Article 41-46The provisions of Article 40, Article 41 paragraph (2), Article 41-2, Article 41-4, Article 41-7, Articles 41-10 through 41-13, and Article 41-14 paragraphs (2) and (3) apply mutatis mutandis to the registration referred to in Article 36-2 paragraph (1), as applied mutatis mutandis pursuant to Article 38-3.In this case, throughout these provisions (excluding Article 41 paragraph (2) item (iii)) the term "design certification procedures" is deemed to be replaced with "conducting periodic training for specified radioisotope security managers", the term "registered certification organization" is deemed to be replaced with "registered periodic training organization for specified radioisotope security managers", the term in Article 41 paragraph (2) "register of registered certification organizations" is deemed to be replaced with "register of registered periodic training organizations for specified radioisotope security managers", the term in items (iii) and (iv) of the same paragraph "design certification procedures" is deemed to be replaced with "conducting periodic training for specified radioisotope security managers prescribed in Article 41-41 (hereinafter simply referred to as "conducting periodic training for specified radioisotope security managers")", the term in Article 41-10 "any of the items of Article 41 paragraph (1)" is deemed to be replaced with "any of the items of Article 41-42", the term in Article 41-11 "Article 41-3" is deemed to be replaced with "Article 41-43", the term in Article 41-14 paragraph (2) "Article 41-6" is deemed to be replaced with "Article 41-45", and the term "when the NRA has granted the permission" is deemed to be replaced with "when the NRA has received the notification". Beyond what is prescribed above, other necessary technical replacements of terms for these provisions are prescribed in Cabinet Order.
Chapter VIII Miscellaneous Provisions
(Collection of Reports)
Article 42(1)The NRA, Minister of Land, Infrastructure, Transport and Tourism, or prefectural public safety commissions may request, to the extent necessary for enforcing this Act (the provisions of Article 18 paragraphs (1), (2), and (4) and Article 33 paragraphs (1) and (3) in the case of Minister of Land, Infrastructure, Transport and Tourism, and the provisions of Article 18 paragraph (6) in the case of a prefectural public safety commission), a user who holds the permission and a user who has notified (including a notifier of using approved devices with a certification label), a seller who has notified, a lessor who has notified or a licensed radioactive waste management operator or persons who have been entrusted with transport by any of hem, to submit a report, pursuant to the NRA Regulation, Order of Ministry of Land, Infrastructure, Transport and Tourism or Cabinet Office Order.
(2)The NRA and Minister of Land, Infrastructure, Transport and Tourism may request, to the extent necessary for enforcing this Act, for the NRA, a registered certification organization, a registered inspection organization, a registered periodic confirmation organization, a registered package confirmation organization, a registered burial confirmation organization, a registered radioactivity concentration confirmation organization, a registered examination organization, a registered qualification training organization and a registered periodic training organization for radiation protection supervisors or for specified radioisotope security managers, and for Minister of Land, Infrastructure, Transport and Tourism, a registered confirmation organization for means of transport, to submit a report pursuant to the NRA Regulation or Order of Ministry of Land, Infrastructure, Transport and Tourism.
(3)The NRA may, in addition to the collection of reports pursuant to the provisions of the preceding two paragraphs, to the extent necessary for enforcing the provisions of Article 30-2 paragraph (1), request a captain of a vessel or other people concerned to make a necessary report.
(Radiation Inspectors)
Article 43(1)Radiation inspectors are assigned within the NRA.
(2)Necessary matters regarding the fixed number and qualification of radiation inspectors are prescribed in Cabinet Order.
(On-Site Inspections)
Article 43-2(1)The NRA, Minister of Land, Infrastructure, Transport and Tourism or prefectural public safety commissions may, to the extent necessary for enforcing this Act (the provisions of Article 18 paragraphs (1), (2) and (4) and Article 33 paragraphs (1) and (3) in the case of Minister of Land, Infrastructure, Transport and Tourism, and Article 18 paragraph (6) in the case of a prefectural public safety commission), allow an official (a radiation inspector in the case of the NRA or a police official in the case of a prefectural public safety commission) to enter the business office, a factory or the place of business of a user who holds the permission and a user who has notified (including a notifier of using approved devices with a certification label), sellers who have notified, lessors who have notified, licensed radioactive waste management operators, or persons who have been entrusted with transport by any of them, and to inspect their books, documents and any other necessary property, and question the people concerned or to order submission of radioisotopes or radioactively contaminated objects, limited to the minimum extent necessary for examination.
(2)The NRA may, in addition to the on-site inspection, questioning, and ordering submission pursuant to the provisions of the preceding paragraph, to the extent necessary for enforcing the provisions of Article 30-2 paragraph (1), allow an official to enter a vessel, inspect books, documents and any other necessary property, and question the people concerned or to order submission of radioisotopes or any other necessary samples, limited to the minimum extent necessary for examination.
(3)An official implementing on-site inspection pursuant to the provisions of the preceding two paragraphs must carry an identification card and, when requested by the people concerned, present it.
(4)The authority prescribed in the provisions of paragraphs (1) and (2) must not be construed as being granted for criminal investigation.
Article 43-3(1)The NRA or Minister of Land, Infrastructure, Transport and Tourism may, to the extent necessary for enforcing this Act, allow an official to enter the place of business, for the NRA, of a registered certification organization, a registered inspection organization, a registered periodic confirmation organization, a registered package confirmation organization, a registered burial confirmation organization, a registered radioactivity concentration confirmation organization, a registered examination organization, a registered qualification training organization, a registered qualification training organization for radiation protection supervisors, or a registered periodic training organization for specified radioisotope security managers, and, for Minister of Land, Infrastructure, Transport and Tourism, of a registered confirmation organization for means of transport, and to inspect books, documents and any other necessary property, or to question the people concerned.
(2)The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to the on-site inspection pursuant to the provision of the preceding paragraph.
(Special Provisions on Hearings)
Article 44(1)In cases where the NRA intends to issue an order of suspending the use, selling, leasing or waste management pursuant to the provisions of Article 26, must hold a hearing, notwithstanding the classifications for procedures for the statement of opinions pursuant to the provisions of Article 13 paragraph (1) of the Administrative Procedure Act (Act No. 88, 1993).
(2)The proceedings on the date of hearing pertaining to the disposition pursuant to the provisions of Article 12-7 paragraph (1), Article 26, Article 35 paragraph (6), or Article 41-12 (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40 and Article 41-46), must be open to the public.
(3)The person presiding over the hearing referred to in the preceding paragraph must, when a person concerned pertaining to the disposition has requested to participate in the procedures for the hearing pursuant to the provisions of Article 17 paragraph (1) of the Administrative Procedure Act, grant a permission for participation.
(Requests for Administrative Review)
Article 45A person, who is dissatisfied with the disposition issued by a registered certification organization, a registered inspection organization, a registered periodic confirmation organization, a registered package confirmation organization, a registered burial confirmation organization, a registered radioactivity concentration confirmation organization, a registered examination organization or a registered qualification training organization pursuant to the provisions of this Act (excluding Article 35 paragraphs (2) through (4); hereinafter in this Article, the same applies), or with the inaction of the disposition, may request for an administrative review to the NRA; a person who is dissatisfied with the disposition issued by a registered confirmation organization for means of transport pursuant to the provisions of this Act, or with the inaction of the disposition, may request for an administrative review to Minister of Land, Infrastructure, Transport and Tourism.In this case, for application of the provisions of Article 25 paragraphs (2) and (3), Article 46 paragraphs (1) and (2), Article 47, and Article 49 paragraph (3) of the Administrative Appeal Act (Act No. 68, 2014), the NRA or Minister of Land, Infrastructure, Transport and Tourism is regarded as a higher administrative organization of the registered certification organization, registered examination organization, registered periodic confirmation organization, registered package confirmation organization, registered burial confirmation organization, registered radioactivity concentration confirmation organization, registered examination organization, registered qualification training organization, or registered confirmation organization for means of transport, respectively.
(Public Notice)
Article 45-2The NRA or Minister of Land, Infrastructure, Transport and Tourism must post a public notice in the Official Gazette of the fact in the following cases;
(i)when it has granted the design certification referred to in Article 12-2 paragraph (1) or the specified design certification referred to in paragraph (2) of the same Article;
(ii)when it has registered organizations referred to in Article 12-2 paragraph (1), Article 12-8 paragraph (1), Article 12-10, Article 18 paragraph (2), Article 19-2 paragraph (2), Article 33-3 paragraph (1), Article 35 paragraph (2), or Article 36-2 paragraph (1) (including as applied mutatis mutandis pursuant to Article 38-3);
(iii)when it has revoked design certification, etc. pursuant to the provision of Article 12-7 paragraph (1);
(iv)when it has received notification pursuant to the provisions of Article 41-4 (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40 and Article 41-46));
(v)when it has granted the permission pursuant to the provision of Article 41-6 (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, and Article 41-34);
(vi)when it has revoked registration, or ordered suspension of all or parts of the operation pursuant to the provisions of Article 41-12 (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40 and Article 41-46);
(vii)when the NRA has decided that the NRA itself intends to perform all or parts of the operations of design certification procedures, inspection work, periodic confirmation, package confirmation, burial confirmation, concentration confirmation, examination, qualification training for radiation protection supervisors or periodic training for specified radioisotope security managers, or Minister of Land, Infrastructure, Transport and Tourism itself intends to perform all or parts of confirmation for means of transport, pursuant to the provisions of Article 41-14 paragraph (2) (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22,Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40 and Article 41-46), or when the NRA or Minister of Land, Infrastructure, Transport and Tourism has decided to discontinue the operations that it or they have been conducting;
(viii)when it has received the notification pursuant to the provisions of Article 41-39 or Article 41-45.
(Transitional Measures)
Article 45-3In cases where an order is established, revised or abolished pursuant to the provisions of this Act, the required transitional measures (including transitional measures on penal provisions) may be provided by the order, to the extent determined as being reasonably necessary for the establishment, revision or abolishment of the order.
(Consultations)
Article 46The NRA, in cases where it intends to establish the NRA Regulation referred to in Article 6 items (1) through (3), Article 7 items (1) through (3), Article 13 paragraph (2), Article 20, Article 21 paragraph (1), Article 23 and Article 24, must, in advance, consult with the heads of relevant administrative agencies.
(Liaisons)
Article 47(1)The NRA, when it has granted the permission or license referred to in the main clause of Article 3 paragraph (1), Article 4-2 paragraph (1), Article 10 paragraph (2) or Article 11 paragraph (2), granted the design certification referred to in Article 12-2 paragraph (1) or the specified design certification in paragraph (2) of the same Article, revoked design certification, etc. pursuant to the provisions of Article 12-7 paragraph (1), issued an order pursuant to the provisions of Article 14, issued disposition pursuant to the provisions of Article 26, or received notification pursuant to the provisions of the main clause of Article 3-2 paragraph (1) or paragraph (2), or the main clause of Article 4 paragraph (1) or paragraph (2), must notify the heads of relevant administrative agencies of that fact.
(2)The NRA, when it has granted the permission or license referred to in the main clause of Article 3 paragraph (1), Article 4-2 paragraph (1), Article 10 paragraph (2), or Article 11 paragraph (2), issued disposition pursuant to the provisions of Article 26, or received notification pursuant to the provisions of the main clause of Article 3-2 paragraph (1), paragraph (2) or paragraph (3), Article 3-3, the main clause of Article 4 paragraph (1), paragraph (2) or paragraph (3), Article 10 paragraph (1), Article 11 paragraph (1), or Article 27 paragraph (1) or (3), or received a report pursuant to the provisions of Article 28 paragraph (5), must notify, without delay, the National Public Safety Commission, Director-General of Coast Guard, or Commissioner of the Fire and Disaster Management Agency of that fact; provided, however, that this does not apply to notification pursuant to the provisions of Article 3-3 or notification pursuant to the provisions of Article 27 paragraph (1) or (3), or a report pursuant to the provisions of Article 28 paragraph (5), which are prescribed in the NRA Regulation.
Article 48(1)The provisions of this Act must not be construed to prevent labor standard inspectors from exercising their right against workers in prevention of radiation hazards, pursuant to Industrial Safety and Health Act (Act No. 57, 1982) and orders based thereon.
(2)Minister of Health, Labor and Welfare, when he/she finds it particularly necessary to prevent radiation hazards to workers, may provide recommendations to the NRA.
(Relation to National Public Safety Commission and Other Organizations)
Article 48-2(1)The NRA, when it has received notification pursuant to the provisions of Article 25-4 paragraph (1) or (3) or Article 38-2 paragraph (2), must notify the National Public Safety Commission or Director-General of Coast Guard of that fact without delay.
(2)The National Public Safety Commission or Director-General of Coast Guard, when they find it particularly necessary for maintaining public safety or maritime safety, may state their opinion, regarding enforcement of the provisions of Article 25-3 paragraph (1), Article 25-4 paragraph (1) or (2) or Article 38-2 paragraph (1) to the NRA.
(3)The National Public Safety Commission may instruct Prefectural Police deemed to be appropriate to implement necessary investigation, concerning the operation of a user who holds the permission and a user who has notified or a licensed radioactive waste management operator, to the extent necessary for enforcement of the provisions of the preceding paragraph.
(4)The chief of Metropolitan Police or Prefectural Police Headquarters who has received the instruction pursuant to the provisions of the preceding paragraph, when they find it particularly necessary to conduct the investigation referred to in the same paragraph, may allow the official of the Prefectural Police to enter the business office, a factory or the place of business of a user who holds the permission and a user who has notified or a licensed radioactive waste management operator, inspect their books, documents and any other necessary property, and question the people concerned, being granted approval in advance by the National Public Safety Commission.
(5)Director-General of Coast Guard may allow the official to enter the business office, a factory or the place of business of a user who holds the permission and a user who has notified or a licensed radioactive waste management operator, inspect their books, documents and any other necessary property, and question the people concerned, to the extent necessary for enforcement of the provisions of the preceding two paragraphs.
(6)The provisions of Article 43-2 paragraphs (3) and (4) apply mutatis mutandis to the on-site inspection pursuant to the provisions of the preceding two paragraphs.
(Relation with Minister of the Environment)
Article 48-3(1)Minister of the Environment, when he/she deems particularly necessary for ensuring proper management of the waste (this term means the waste prescribed in Article 2 paragraph (1) of Waste Management and Public Cleansing Act; hereinafter the same applies to paragraph (4)), may state his/her opinion, concerning enforcement of the provisions of Article 33-3 paragraph (1) or (2) to the NRA.
(2)The NRA, when it has confirmed radioactivity concentration or granted approval referred to in Article 33-3 paragraph (2), must notify Minister of the Environment of that fact without delay.
(3)A registered radioactivity concentration confirmation organization, when it has confirmed concentration, must notify Minister of the Environment via the NRA of that fact, without delay.
(4)The NRA may request Minister of the Environment to provide necessary cooperation for waste management, in cases where the object, of which radioactivity concentration has been confirmed, has become radioactive waste.
(Payment of Fees)
Article 49(1)A person must pay a fee to the national government, pursuant to Cabinet Order, who intends to be granted the permission referred to in main clause of Article 3 paragraph (1), Article 4-2 paragraph (1), Article 10 paragraph (2) or Article 11 paragraph (2), or who intends to have design certification, etc. (excluding that performed by a registered certification organization), facility inspections, etc. (excluding that performed by a registered inspection organization), periodic confirmation (excluding that performed by a registered periodic confirmation organization), transport means confirmation (excluding that performed by a registered confirmation organization for means of transport), package confirmation (excluding that performed by a registered package confirmation organization), approval referred to in Article 18 paragraph (3), burial confirmation (excluding that performed by a registered burial confirmation organization), radioactivity concentration confirmation (excluding that performed by a registered radioactivity concentration confirmation organization), approval referred to in Article 33-3 paragraph (2), examination (excluding that provided by a registered examination organization), qualification training (excluding that provided by a registered qualification training organization), issuance or reissuance of a radiation protection supervisor certificate, periodic training for radiation protection supervisors (excluding that provided by a registered periodic training organization for radiation protection supervisors), training referred to in Article 36-3 paragraph (1) (including as applied mutatis mutandis pursuant to Article 38-3) or periodic training for specified radioisotope security managers (excluding that provided by a registered periodic training organization for specified radioisotope security managers).
(2)The provisions of the preceding paragraph do not apply to an independent administrative agency prescribed in Article 2 paragraph (1) of Act on General Rules for Incorporated Administrative Agency (Act No. 103, 1999) that is also prescribed in Cabinet Order in considering particulars of its activities and other circumstances.
(Application to National Government)
Article 50The provisions of this Act, excluding the provisions of the preceding Articles and the following Chapter, apply to the national government.In this case, the term "permission or license" is deemed to be replaced with "approval".
Chapter IX Penal Provisions
Article 51A person who falls under any of the following items is subject to imprisonment for not more than three years or a fine of not more than three million yen, or both;
(i)a person who has used radioisotopes or radiation generators prescribed in the main clause of Article 3 paragraph (1), without being granted the permission referred to in the main clause of the same paragraph;
(ii)a person who has managed waste of radioisotopes or radioactively contaminated objects as a business, without being granted the license referred to in Article 4-2 paragraph (1);
(iii) a person who has violated an order for suspension of use or waste management pursuant to the provisions of Article 26 paragraph (1);
(iv)a person who has acquired a radioactive waste burial site or an entire radioactive waste repacking facility, etc. that include a radioactive waste burial site, without being granted the permission referred to in Article 26-4 paragraph (1).
Article 52A person who falls under any of the following items is subject to imprisonment for not more than one year or a fine of not more than one million yen, or both;
(i)a person who has violated the provisions of Article 9 paragraph (4);
(ii)a person who has changed the matters set forth in Article 3 paragraph (2) items (ii) through (vii) without being granted the permission pursuant to the provisions of Article 10 paragraph (2);
(iii)a person who has changed the matters set forth in Article 4-2 paragraph (2) items (ii) through (vii) without being granted the permission pursuant to the provisions of Article 11 paragraph (2);
(iv)a person who has violated an order pursuant to the provisions of Article 12-7 paragraph (2);
(v)a person who has violated the provisions of Article 12-8 paragraph (1) or (2), Article 29, Article 30, Article 31, Article 34 paragraph (1), (including as applied mutatis mutandis pursuant to Article 37 paragraph (21)), or Article 37 paragraph (1);
(vi)a person who has violated an order pursuant to the provisions of Article 14, Article 15 paragraph (2), Article 16 paragraph (2), Article 17 paragraph (2), Article 18 paragraph (4) (including as applied pursuant to the provisions of Article 25-2 paragraph (2) and Article 25-5, following the deemed replacement of terms), Article 19 paragraph (3) or Article 18 paragraph (4) as applied pursuant to the provisions of Article 25-2 paragraph (2) following the deemed replacement of terms, as applied mutatis mutandis pursuant to paragraph (3) of the same Article;
(vii)a person who has violated an order pursuant to the provisions of Article 25-3 paragraph (2);
(viii)a person who has violated the provisions of Article 28 paragraph (1) or an order pursuant to the provisions of paragraph (6) of the same Article;
(ix)a person who has violated the provisions of Article 30-2 paragraph (1) (excluding the person prescribed in Article 53-2);
(x)a person who has not submitted a report or submitted a false report, in violation of the provisions of Article 31-2;
(xi)a person who has violated the provisions of Article 33 paragraph (1) or an order pursuant to the provisions of paragraph (3) of the same Article;
(xii)a person who has violated the provisions of Article 38-2 paragraph (1), Article 37 paragraph (1) as applied mutatis mutandis pursuant to Article 38-3, or Article 34 paragraph (1) as applied mutatis mutandis pursuant to Article 37 paragraph (2) as applied mutatis mutandis pursuant to Article 38-3;
(xiii)a person who has not submitted a report referred to in Article 42 paragraph (1) (excluding the part pertaining to a person who has been entrusted with transport prescribed in the same paragraph) or has submitted a false report;
(xiv)a person who has refused, obstructed, or evaded an entrance, inspection or submission of samples pursuant to the provisions of Article 43-2 paragraph (1) (excluding the part pertaining to a person who has been entrusted with transport prescribed in the same paragraph), or has not given a statement or has given a false statement in response to a question;
(xv)a person who has refused, obstructed or evaded an entrance or inspection pursuant to the provisions of Article 48-2 paragraph (4) or (5), or has not given a statement or has given a false statement in response to a question.
Article 53A person who falls under any of the following items is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen;
(i)a person who has violated the provisions of Article 41-9 paragraph (1) (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, and Article 41-34);
(ii)a person who has violated an order for suspension of operation pursuant to the provisions of Article 41-12 (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40 and Article 41-46)).
Article 53-2A person who has violated the provisions of Article 30-2 paragraph (1) on a foreign vessel (this term means the vessel other than Japanese vessels prescribed in Article 1 of Ship Act (Act No. 46, 1899); hereinafter the same applies) which is in a sea area outside of Japanese territorial waters is subject to a fine of not more than ten million yen.
Article 54A person who falls under any of the following items is subject to a fine of not more than three million yen;
(i)a person who has used radioisotopes prescribed in the main clause of the same Article 3-2 paragraph (1) without making notification pursuant to the provisions of the main clause of the same paragraph or making false notification;
(ii)a person who has used an approved device with a certification label without making notification pursuant to the provisions of Article 3-3 paragraph (1) or with making false notification;
(iii)a person who has sold or leased radioisotopes as a business without making notification pursuant to the provisions of the main clause of Article 4 paragraph (1) or with making false notification;
(iv)a person who has violated the conditions in Article 8 paragraph (1) (including as applied mutatis mutandis pursuant to Article 10 paragraph (3) and Article 11 paragraph (3));
(v)a person who has violated the provisions of Article 12-5 paragraph (2) or (3), Article 13, Article 15 paragraph (1), Article 16 paragraph (1) or (3), Article 17 paragraph (1), Article 18 paragraph (1) (including as applied pursuant to the provisions of Article 25-2 paragraph (2) and Article 25-5, following the deemed replacement of terms), or paragraph (7) of the same Article, Article 19 paragraph (1), (2), (4) or (5), or Article 18 paragraph (1) as applied following the deemed replacement of terms pursuant to the provisions of Article 25-2 paragraph (2) as applied mutatis mutandis pursuant to paragraph (3) of the same Article;
(vi)a person who has transported radioisotopes or radioactively contaminated objects without being granted confirmation pursuant to the provisions of Article 18 paragraph (2) (including as applied pursuant to the provisions of Article 25-2 paragraph (2) and Article 25-5 following the deemed replacement of terms) or Article 18 paragraph (2) as applied pursuant to the provisions of Article 25-2 paragraph (2) following the deemed replacement of terms as applied mutatis mutandis pursuant to paragraph (3) of the same Article, without making notification pursuant to the provisions of Article 18 paragraph (5) (including as applied pursuant to the provisions of Article 25-5 following the deemed replacement of terms), or with making false notification;
(vii)a person who has managed wastes of radioisotopes or radioactively contaminated objects without being granted the confirmation pursuant to the provisions of Article 19-2 paragraph (1);
(viii)a person who has conducted burial of radioactive waste without being granted the burial confirmation pursuant to the provisions of Article 19-2 paragraph (2);
(ix)a person who has violated the provisions of Article 25-3 paragraph (1);
(x)a person who has violated an order for suspension of use, selling, or leasing pursuant to the provisions of Article 26 paragraph (2).
Article 55A person who falls under any of the following items is subject to a fine of not more than one million yen;
(i)a person who has changed, without making notification pursuant to the provisions of Article 3-2 paragraph (2), the matters prescribed in the same paragraph;
(ii)a person who has changed, without making notification pursuant to the provisions of Article 4 paragraph (2), the matters prescribed in the same paragraph;
(iii)a person who has not made notification pursuant to the provisions of Article 10 paragraph (5), or has made any change pursuant to the provisions of the proviso of paragraph (2) of the same Article by making false notification;
(iv)a person who has changed the matters set forth in Article 3 paragraph (2) item (iv) without making notification pursuant to the provisions of Article 10 paragraph (6);
(v)a person who, in violation of the provisions of Article 12-4 paragraph (2), has not prepared the records of inspection, or has falsified the records or not stored the inspection records;
(vi)a person who has refused, obstructed, or evaded the periodic inspection pursuant to the provisions of Article 12-9 paragraph (1) or (2);
(vii)a person who has refused, obstructed, or evaded the periodic confirmation pursuant to the provisions of Article 12-10;
(viii)a person who has not complied with a suspension order by a police officer pursuant to the provisions of Article 18 paragraph (8) (including as applied mutatis mutandis pursuant to Article 25-5 following the deemed replacement of terms), and has refused or obstructed an inspection, or has not complied with the order pursuant to the provisions of the same paragraph;
(ix)a person who has violated the provisions of Article 20, Article 22, Article 23, Article 24, or Article 36-3 paragraph (2);
(x)a person who has not prepared books, not made entries in books or falsified the entries, in violation of the provisions of Article 25 paragraph (1) (including as applied pursuant to the provisions of Article 25-2 paragraph (4) following the deemed replacement of terms), paragraph (2) or (3) of the same Article, or has not stored books, in violation of the provisions of Article 25 paragraph (4);
(xi)a person who has not made a report or has made a false report, in violation of the provisions of Article 25-7;
(xii)a person who has violated the provisions of Article 36-3 paragraph (2) as applied mutatis mutandis pursuant to Article 25-8 or Article 38-3;
(xiii)a person who, in violation of the provisions of Article 25-9 paragraph (1), has not prepared books, not made entries in books or has falsified the entries, or who, in violation of the provisions of paragraph (2) of the same Article, has not stored books;
(xiv)a person who has not made notification pursuant to the provisions of Article 27 paragraph (1) or (3) or Article 32, or has made false notification;
(xv)a person who, in violation of the provisions of Article 28 paragraph (2) or (4), has taken measures referred to in paragraph (1) of the same Article;
(xvi)a person who has not made a report or has made a false report, in violation of the provisions of Article 28 paragraph (5);
(xvii)a person who has not made the report referred to in Article 42 paragraph (1) (limited to the part pertaining to a person who has been entrusted with transfer prescribed in the same paragraph) or paragraph (3), or has made a false report;
(xviii)a person who has refused, obstructed or evaded an entrance, inspection or submission of samples pursuant to the provisions of Article 43-2 paragraph (1) (limited to the part pertaining to a person who has been entrusted with transfer prescribed in the same paragraph) or paragraph (2), or has not given a statement or has given false statement in response to a question.
Article 56A person who falls under any of the following items is subject to a fine of not more than 300,000 yen;
(i)a person who has discontinued all of their design certification procedures, inspection work, periodic confirmation, operation of transport means confirmation, package confirmation, burial confirmation, concentration confirmation, examination, or qualification training without being granted the permission referred to in Article 41-6 (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, and Article 41-34);
(ii)a person who, in violation of the provisions of Article 41-13 (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40 and Article 41-46), has not prepared books, not made entries in books, or has falsified the entries, or not stored books;
(iii)a person who has discontinued all of the operations of periodic training for radiation protection supervisors or specified radioisotope security managers without making notification pursuant to the provisions of Article 41-39 or Article 41-45;
(iv)a person who has not made the report referred to in Article 42 paragraph (2) or has made a false report;
(v)a person who has refused, obstructed, or evaded an entrance or inspection pursuant to the provisions of Article 43-3 paragraph (1) or has not given a statement or has given a false statement in response to a question.
Article 57When a representative of a corporation or an agent or other employee of a corporation or an individual has committed any of the violations referred to in Article 51, Article 52, Article 53 item (ii) or Articles 53-2 through the preceding Article, in connection with the business of the corporation or the individual, in addition to the offender being subject to punishment, the corporation or the individual is subject to the fine referred to in the relevant Article.
Article 58A person who has violated the provisions of Article 41-7 paragraph (1) (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40 and Article 41-46) by not maintaining financial statements, etc., not indicating matters that must be indicated in those statements, etc., by falsifying statements or refusing to accept a request pursuant to the provisions of any of items of Article 41-7 paragraph (2) (including as applied mutatis mutandis pursuant to Article 41-16, Article 41-18, Article 41-20, Article 41-22, Article 41-24, Article 41-26, Article 41-30, Article 41-34, Article 41-40, and Article 41-46) without just cause, is subject to a non-criminal fine of not more than 200,000 yen.
Article 59A person who falls under any of the following items is subject to a non-criminal fine of not more than 200,000 yen;
(i)a person who has violated the provisions of Article 21 paragraph (1) or an order pursuant to the provisions of paragraph (2) of the same Article;
(ii)a person who has violated the provisions of Article 25-4 paragraph (1) or an order pursuant to the provisions of paragraph (2) of the same Article;
(iii)a person who has not made notification pursuant to the provisions of Article 25-6 paragraph (2) or has made false notification;
(iv)a person who has not made notification pursuant to the provisions of Article 26-2 paragraph (8);
(v)a person who has not made notification pursuant to the provisions of Article 34 paragraph (2) or Article 37 paragraph (3);
(vi)a person who has not returned a radiation protection supervisor certificate, in violation of the order pursuant to the provisions of Article 35 paragraph (6), without just cause;
(vii)a person who has not made notification pursuant to the provisions of Article 37 paragraph (3) as applied mutatis mutandis to Article 38-2 paragraph (2) or Article 38-3.
Article 60A person who falls under any of the following items is subject to a non-criminal fine of not more than 100,000 yen;
(i)a person who has not made notification pursuant to the provisions of Article 3-2 paragraph (3), Article 3-3 paragraph (2), Article 4 paragraph (3), Article 10 paragraph (1), or Article 11 paragraph (1);
(ii)a person who has not submitted a permit or a license, in violation of the provisions of Article 10 paragraph (4) or Article 11 paragraph (4);
(iii)a person who has not made notification pursuant to the provisions of Article 21 paragraph (3);
(iv)a person who has not made notification pursuant to the provisions of Article 25-4 paragraph (3);
(v)a person who has not made notification pursuant to the provisions of Article 26-3 paragraph (2).
(Special Provisions for Jurisdiction of the First Instance)
Article 61Jurisdiction of the first instance of a litigation pertaining to the crime referred to in Article 53-2 also rests with a district court.
Chapter X Releasing Foreign Vessels, etc. through Providing Security Deposits, etc.
(Releasing Foreign Vessels, etc. through Providing Security Deposits, etc.)
Article 62(1)A judicial police officer and also prescribed in Cabinet Order (hereinafter referred to as "regulating officer") must, in either of the following cases, announce the matters set forth in the following paragraph without delay to the captain of the relevant vessel (including a person who carries out duties in lieu of the captain) and the offender (limited to the crew of the said vessel; hereinafter the same applies);
(i)in cases where the captain of a vessel and/or any other crew have been arrested in a case involving a foreign vessel (hereinafter referred to as a "case") on account of any crime referred to in Article 52 (limited to the part pertaining to Article 30-2 paragraph (1)), Article 53-2, Article 55 (limited to the part pertaining to Article 42 paragraphs (1) and (3) and Article 43-2 paragraphs (1) and (2) ) or Article 57 (limited to the part pertaining to Article 30-2 paragraph (1), Article 42 paragraphs (1) and (3), and Article 43-2 paragraphs (1) and (2));
(ii)beyond what is set forth in the preceding item, when a vessel, any document verifying nationality of a vessel or any other document necessary for navigation of a vessel (hereinafter referred to as "certificate of nationality of vessel, etc.") has been seized in connection with the case, and it is deemed that there is a reason enough to suspect that the captain of the vessel and/or any other crew have committed the crimes prescribed in the same item.
(2)The matters that must be announced pursuant to the preceding paragraph are as follows;
(i)when security deposits or a document certifying the payment thereof have been provided to the competent minister pursuant to Cabinet Order referred to in paragraph (1) of the following Article, the offender is released, and the vessel, certificate of nationality of vessel, etc. and other seized articles (hereinafter referred to as "seized articles") are returned without delay;
(ii)amount of security deposits that must be provided.
(3)The amount of security deposits referred to in item (ii) of the preceding paragraph is determined by the regulating officer, in accordance with the category, manner, and other circumstances of the case and in compliance with the standards specified by the competent minister, pursuant to Cabinet Order.
Article 63(1)When the security deposits of the amount announced pursuant to the provisions of paragraph (1) of the preceding Article or a document certifying the payment thereof have been provided to the competent minister pursuant to Cabinet Order, the competent minister notify the regulating officer or public prosecutor of that fact without delay.
(2)When the regulating officer has received the notice pursuant to the provisions of the preceding paragraph, the regulating officer must release the offender and return the seized articles, without delay.
(3)When the public prosecutor has received the notice pursuant to the provisions of Article 63 paragraph (1), the public prosecutor must take necessary measures for release of the offender and return of seized articles without delay.
Article 64(1)Security deposits are retained by the competent minister.
(2)In procedures regarding the case, if the offender fails to appear at the specified location on the specified date, or any seized article that was returned and was requested to be resubmitted is not submitted at the specified location on the specified date, the security deposits belong to the National Treasury on the day one month has elapsed from the day following the specified date; provided, however, that this does not apply to cases where an offer was made before elapsing one month from the day following the specified date, for appearance of the offender or submission of the relevant seized articles on the specified day within three months from the day following the specified date.
(3)In the case of the proviso of the preceding paragraph, if the offender fails to appear or the seized articles are not submitted on the specified date pertaining to the offer, the security deposits belong to the National Treasury on the day following the specified date.
(4)Security deposits are returned in cases where the procedures regarding the case have been concluded, or any other circumstances that make their retention unnecessary have arisen.
(Delegation to Competent Ministerial Order)
Article 65The procedures and other matters necessary for enforcing the provisions of the preceding three Articles are prescribed in the competent Ministerial Order.
(Competent Minister, etc.)
Article 66The competent minister referred to in Articles 62 through 64 and the competent Ministerial Order referred to in the preceding Article are prescribed in Cabinet Order.
Supplementary Provisions[Extract]
(Effective Date)
(1)The Act comes into effect as of April 1, 1958; provided, however, that the parts pertaining to the provisions of Article 35 paragraphs (1) and (4) and Chapter V and pertaining to radiation protection supervisors in Article 49, and the part pertaining to the Radiation Council in paragraph (7) of Supplementary Provisions, come into effect as from the date of its promulgation.
Supplementary Provisions[Act No. 162, May 21, 1958][Extract]
(Effective Date)
(1)The Act comes into effect as from the date of its promulgation.
Supplementary Provisions[Act No. 78, May 2, 1960][Extract]
(Effective Date)
(1)The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding six months from the date of its promulgation.
(Transitional Measures)
(3)Applicability of the provisions of the New Act continues to govern a person who has been already granted the permission referred to in Article 3 paragraph (1) of the Old Act upon enforcement of the Act and uses radioisotopes prescribed in Article 3-2 paragraph (1) of the New Act, deeming that the person has made notification referred to in the same paragraph.
(11)Applicability of the provisions of the New Act continues to govern a radiation protection supervisor certificate referred to in Article 35 paragraph (1) of the Old Act, deeming as the first-class radiation protection supervisor certificate referred to in Article 35 paragraph (1) of the New Act.
(13)Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect.
Supplementary Provisions[Act No. 145, August 10, 1960][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding six months from the date of its promulgation.
Supplementary Provisions[Act No. 140, May 16, 1962][Extract]
(1)The Act comes into effect as of October 1, 1962.
(2)The provisions after amendment pursuant to the Act also apply to the matters that have arisen before enforcement of the Act, unless otherwise prescribed in Supplementary Provisions; provided, however, that those do not preclude the effectiveness arising pursuant to the provisions before amendment pursuant to the Act.
(3)Prior laws continue to govern the current pending litigation upon enforcement of the Act, notwithstanding the provisions after amendment pursuant to the Act providing that no one is can file an action on the said litigation.
(4)Prior laws continue to govern the jurisdiction of a current pending litigation upon enforcement of the Act, notwithstanding the provisions after amendment pursuant to the Act providing that the jurisdiction is to be exclusive jurisdiction.
(5)Prior laws continue to govern the statute of limitations for filing an action for disposition or administrative determination specified by the provisions before amendment pursuant to the Act currently proceeding upon enforcement of the Act; provided, however, that limited to the cases where the statute of limitations specified by the provisions after amendment pursuant to the Act is shorter than that before amendment pursuant to the Act.
(6)Concerning a public law related action pertaining to disposition or administrative determination conducted before enforcement of the Act, the statute of limitations for filing an action of the case, for which the statute of limitations has been specified associated with the amendment pursuant to the Act, is to be a period from the date of enforcement of the Act.
(7)Prior laws continue to govern an appeal for revocation of current pending disposition or administrative determination upon enforcement of the Act, notwithstanding the provisions after amendment pursuant to the Act providing that one of the legal relationship parties is to be a defendant; provided, however, that the court may, on the plaintiff's motion, permit the action to be converted into a party action by decision.
(8)The provisions of the second sentence of Article 18 and Article 21 paragraphs (2) through (5) of Administrative Case Litigation Act apply mutatis mutandis to the cases falling under the proviso in the preceding paragraph.
Supplementary Provisions[Act No. 112, July 1, 1966][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding one year from the date of its promulgation.
Supplementary Provisions[Act No. 57, June 8, 1972][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding six months from the date of its promulgation.
Supplementary Provisions[Act No. 43, May 7, 1980]
(Effective Date)
(1)The Act comes into effect as from the date when Convention on the Prevention of Marine Pollution by Dumping of Waste and Order Matter becomes effective in Japan.
(Transitional Provisions)
(2)Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect.
Supplementary Provisions[Act No. 52, May 19, 1980][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding one year from the date of its promulgation; provided, however, that the amendment provisions adding one Article following Article 18 (limited to the part pertaining to Article 18-2 paragraph (3)), the amendment provisions of Article 35, the amendment provisions in Chapter V (limited to the provisions of Articles 41-12 through 41-17, and the parts pertaining to Article 41-18 (including the provisions of Articles 41-2 and 41-3 and Articles 41-5 through 41-8 that are to apply mutatis mutandis to the same Article) and Article 41-20), the amendment provisions of Article 42 (limited to the part pertaining to designated examination organization in paragraph (2) of the same Article), the amendment provisions of Article 43, the amendment provisions adding two Articles following Article 43 (limited to the part pertaining to radiation inspectors in Article 43-2 and the part pertaining to designated examination organizations in Article 43-3), the amendment provisions in Article 44 paragraph (1) (excluding the part adding "or Minister of Transport" following "Director General of the Science and Technology Agency"), the amendment provisions of Article 45 (excluding the parts pertaining to designated mechanism confirmation organizations, designated inspection organizations, designated package confirmation organizations and designated confirmation organizations for means of transport), the amendment provisions changing Article 45-2 to Article 45-3 and adding one Article following Article 45 (limited to the parts pertaining to the designation pursuant to the provisions of Article 41-12 paragraph (1) in Article 45-2, the permission pursuant to the provisions of Article 41-2 that apply mutatis mutandis to Article 41-18, the revocation of the designation or suspension of all or a part of operations pursuant to the provisions of Article 41-6 that apply mutatis mutandis to Article 41-18 and examination affairs that the Director General of the Science and Technology Agency conducts pursuant to the provisions of Article 41-8 paragraph (2) that apply mutatis mutandis to Article 41-18), the amendment provisions of Article 49 (excluding the parts pertaining to the approval, mechanism confirmation, facility inspection, periodic inspection referred to in Article 12-2 paragraph (1) and confirmation, qualification and periodic trainings and training referred to in Article 18-2 paragraph (2)), the amendment provisions adding two Articles following Article 53 (limited to the part pertaining to Article 53-2 and designated examination organizations in Article 53-3), the amendment provisions of Article 56 (limited to the part pertaining to designated examination organizations) and the provisions of Article 3 of Supplementary Provisions (limited to the part pertaining to the amendment provisions of Article 35) come into effect as from the date specified in Cabinet Order within a period not exceeding six months from the date of its promulgation.
(Transitional Measures on Penal Provisions)
Article 2Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect.
(Delegation to Cabinet Order)
Article 3Beyond what is prescribed in preceding Article, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 66, October 1, 1982]
The Act comes into effect as of October 1, 1982.
Supplementary Provisions[Act No. 98, September 26, 1987][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding one year from the date of its promulgation.
Supplementary Provisions[Act No. 89, November 12, 1993][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date of enforcement of Administrative Procedure Act (Act No. 88, 1993).
(Transitional Measures on Adverse Disposition with Consultation, etc.)
Article 2In cases where procedures for giving chance of hearing or explanation prescribed in Administrative Procedure Act or consultation that other procedures corresponding to those for statement of opinions are to be taken are requested to a council or other organization of the council system pursuant to laws and regulations before the Act comes into effect, prior laws continue to govern the procedures of adverse dispositions pertaining to the consultation or other request, notwithstanding the provisions of relevant laws after amendment pursuant to the Act.
(Transitional Measures on Penal Provisions)
Article 13Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect.
(Transitional Measures Associated with Improvement of Provisions on Hearing)
Article 14The hearing, consultation or meeting for hearing (excluding those pertaining to adverse dispositions) conducted pursuant to the provisions of laws before the Act comes into effect or procedures for these purposes are regarded as to be conducted pursuant to the corresponding provisions of relevant laws after amendment pursuant to the Act.
(Delegation to Cabinet Order)
Article 15Beyond what is prescribed in Article 2 through the preceding Article of Supplementary Provisions, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 59, March 31, 1995][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding six months from the date of its promulgation.
(Transitional Measures)
Article 2The provisions of Article 10 paragraph (4), Article 11 paragraph (4) and Article 11-2 paragraph (4) of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. after amendment (hereinafter in this Article, referred to as "the New Act") pursuant to the Act apply to a user who holds the permission, a seller who has notified, a lessor who has notified and a licensed radioactive waste management operator who have applied for the permission of change pursuant to the provisions of Article 10 paragraph (2), Article 11 paragraph (2) and Article 11-2 paragraph (2) of the New Act after the date of enforcement of the Act. Prior laws continue to govern a user who holds the permission, a seller who has notified and a radioactive waste management operator who have applied for the permission of change before the same date, pursuant to the provisions of Article 10 paragraph (2), Article 11 paragraph (2) and Article 11-2 paragraph (2) of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. before amendment pursuant to the Act.
Article 3Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect.
Supplementary Provisions[Act No. 94, July 1, 1995][Extract]
(Effective Date)
Article 1The Act comes into effect as of July 1, 1995.
Supplementary Provisions[Act No. 80, June 14, 1996]
(Effective Date)
Article 1The Act comes into effect as from the day when United Nations Convention on the Law of the Sea becomes effective in Japan.
(Transitional Measures)
Article 2Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect.
Supplementary Provisions[Act No. 110, September 28, 1998]
Article 1 The Act comes into effect as of April 1, 1999.
Supplementary Provisions[Act No. 87, July 16, 1999][Extract]
(Effective Date)
Article 1The Act comes into effect as of April 1, 2000; provided, however, that the provisions set forth in each of the following items come into effect as from the date specified in each of the items.
(i)the amendment provisions in Article 1 adding five Articles, the title of a section and two subsections with their titles following Article 250-9 of Local Autonomy Act (limited to the part pertaining to Article 250-9 paragraph (1) of the same Act (limited to the part pertaining to obtainment of the consent of both Houses of the Diet)), the amendment provisions of paragraphs (9) and (10) of Supplementary Provisions of Natural Parks Act (limited to the part pertaining to paragraph (10) of Supplementary Provisions of the same4 Act) in Article 40, the provisions of Article 244 (excluding the part pertaining to the amendment provisions of Article 14-3 of Agricultural Improvement Promotion Act) and the provisions of Article 472 (excluding the part pertaining to the amendment provisions of Article 6, 8 and 17 of Act on Special Provisions of the Merger of Municipalities) and the provisions of Articles 7, 10, 12, the proviso of Article 59,Article 60 paragraphs (4) and (5), Articles 73 and 77, Article 157 paragraphs (4) through (6), Articles 160, 163, 164 and 202 of Supplementary Provisions:Date of promulgation;
(Administrative Affairs by the Government or Others)
Article 159Beyond what is prescribed in respective laws before amendment pursuant to the Act, administrative affairs by the government, local governments or other public organizations (referred to as "administrative affairs by the government or others, in Article 161 of Supplementary Provisions) that are managed or conducted by organizations of local governments pursuant to laws or Cabinet Order under the laws before enforcement of the Act, are processed as the affairs by the local governments pursuant to laws or Cabinet Order under the laws after enforcement of the Act.
(Transitional Measures on Dispositions, Applications, etc.)
Article 160(1)The disposition of the permission, etc. or other acts (hereinafter in this Article, referred to as an "action of determinations, etc.") conducted prior to enforcement of the Act (for the provisions set forth in each of items of Article 1 of Supplementary Provisions, the said item; hereinafter in this Article and Article 163 of Supplementary Provisions, the same applies) pursuant to the provisions of respective laws before amendment, or the application for the permission, etc. or other acts which are currently conducted upon enforcement of the Act pursuant to the provisions of respective laws before amendment, (hereinafter in this Article, referred to as an "action of applications, etc."), when the persons who are to conduct administrative affairs of the actions are different on the date of enforcement of the Act, are governed by the actions of determinations, etc. or actions of applications, etc. pursuant to the corresponding provisions of respective laws after amendment, excluding those prescribed in the provisions of Article 2 through the preceding Article of Supplementary Provisions or in the provisions of Transitional Measures of respective laws after amendment (including orders pursuant to those laws).
(2)The provisions of respective laws after amendment pursuant to the Act apply to the matters that are to be reported, notified, submitted and processed to the government or organizations of local governments pursuant to the provisions of respective laws before amendment before the Act comes into effect that for which any procedures are not taken, unless otherwise prescribed in the Act and Cabinet Order pursuant to the Act, deeming that the procedures for the matters that are to be reported, notified, submitted and processed to the government or corresponding organizations of local governments pursuant to the corresponding provisions of respective laws after amendment are not taken.
(Transitional Measures on Appeal)
Article 161(1)The provisions of Administrative Complaint Review Act apply to the appeal for dispositions pertaining to administrative affairs conducted by the government or others before the date of enforcement pursuant to the same Act, if a higher administrative authority prescribed in the same Act (hereinafter in this Article, referred to as a "higher administrative authority") includes, before the date of enforcement, an administrative authority that conducted the said disposition (hereinafter in this Article, referred to as a disposition agency"), deeming that a higher administrative authority still includes the said disposition agency, even after the date of enforcement. In this case, an administrative authority deemed to be a higher administrative authority of the said disposition agency is to be the authority that was the higher administrative authority of the said disposition agency before the date of enforcement.
(2)In the case referred to in the preceding paragraph, when an administrative authority deemed to be a higher administrative authority is an organization of a local government, administrative affairs that are to be conducted by the organization pursuant to the provisions of Administrative Complaint Review Act are to be the statutory entrusted function No. 1 prescribed in Article 2 paragraph (9) item (i) of the New Local Autonomy Act.
(Transitional Measures on Fees)
Article 162Prior laws continue to govern the fees pursuant to the provisions of respective laws before amendment (including orders under those laws) pursuant to the Act before the date of enforcement, unless otherwise prescribed in the Act and Cabinet Order pursuant to the Act.
(Transitional Measures on Penal Provisions)
Article 163Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 164Beyond what is prescribed in Supplementary Provisions, necessary transitional measures (including transitional measures on penal provisions) associated with enforcement of the Act are to be prescribed in Cabinet Order.
(Review)
Article 250The statutory entrusted function No. 1 prescribed in Article 2 paragraph (9) item (i) of the New Local Autonomy Act is not to be set as much as possible, and the matters set forth in the Appended Table 1 of the New Local Autonomy Act and those in Cabinet Order pursuant to the same Act are to be reviewed from the viewpoint of promoting decentralization and are to be reworked as appropriate.
Article 251The government is to review the measures to satisfy and ensure local tax sources in accordance with the roles of the government and local governments so as for local governments to conduct administrative affairs and services self-governing and independently, considering the transition of economic situation, and to take necessary measures based on the result of the review.
Supplementary Provisions[Act No. 151, December 8, 1999][Extract]
(Effective Date)
Article 1The Act comes into effect as of April 1, 2000.
(Transitional Measures )
Article 3(1)Prior laws continue to govern applicability of the amendment provisions pertaining to quasi-incompetent persons and their curators pursuant to the Act which, pursuant to the provisions of Article 3 paragraph (3) of Supplementary Provisions of the Act Partially Amending Civil Code (Act No. 149, 1999), are to continue to be governed by prior laws, excluding the following amendment provisions.
items (i) through (xxv): omitted
Article 4Prior laws continue to govern applicability of penal provisions to conduct that a person engages in before the Act comes into effect.
Supplementary Provisions[Act No. 160, December 22, 1999][Extract]
(Effective Date)
Article 1The Act (excluding Articles 2 and 3) comes into effect as of January 6, 2001; provided, however, that the provisions set forth in each of the following items come into effect as from the date specified in the item.
(i)the provisions of Article 995 (limited to the part pertaining to the amendment provisions of Supplementary Provisions of the Act Partially Amending the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors), Articles 1305 and 1306, Article 1324 paragraph (2), Article 1326 paragraph (2) and Article 1344:Date of promulgation;
Supplementary Provisions[Act No. 220, December 22, 1999][Extract]
(Effective Date)
Article 1The Act (excluding Articles 1) comes into effect as of January 6, 2001.
(Delegation to Cabinet Order)
Article 4Beyond what is prescribed in the preceding two Articles, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 121, November 16, 2001][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date when International Convention for the Suppression of Terrorist Bombings becomes effective in Japan.
(Transitional Measures)
Article 2The provisions of Article 10 of Criminal Regulations to Control Explosives after amendment, Article 4 of the Act on Punishment of Use and Others of Molotov Cocktails, Article 11 of the Act on Implementing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction and Other Conventions, Article 42 of the Act on the Prohibition of Chemical Weapons and the Regulation of Specified Chemicals (limited to the part pertaining to Article 4-2 of Penal Code (Act No. 45, 1908) and Article 8 of Act on Prevention of Bodily Harm by Sarin and Similar Substances apply to only the crimes, even if those have been committed outside of Japan, that are to be punished pursuant to the conventions which become effective in Japan after the Act comes into effect.
Supplementary Provisions[Act No. 153, December 12, 2001][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding six months from the date of its promulgation.
(Transitional Measures on Dispositions, Procedures, etc.)
Article 42The disposition, procedure and other acts conducted pursuant to provisions of respective laws before amendment (including orders pursuant to those laws; hereinafter in this Article, the same applies) before the Act comes into effect, of which the provisions correspond to those of respective laws after amendment, are deemed to be conducted pursuant to the corresponding provisions of respective laws after amendment.
(Transitional Measures on Penal Provisions)
Article 43Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of Supplementary Provisions, is to be governed by prior laws.
(Delegation of Transitional Measures to Cabinet Order)
Article 44Beyond what is prescribed in Supplementary Provisions, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 43, May 15, 2002][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding two months from the date of its promulgation.
(Transitional Measures on Penal Provisions)
Article 2Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act (for the provisions prescribed in the proviso of the preceding Article, the said provisions) comes into effect.
Supplementary Provisions[Act No. 96, July 31, 2002][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding three years from the date of its promulgation; provided, however, that the provisions set forth in each of the following items come into effect from the date specified in the item;
(i)omitted
(ii)the provisions of Article 2 paragraph (2), Articles 5, 17 and 30 through 32 of Supplementary Provisions:Date of promulgation;
(Effects of Disposition, etc.)
Article 30The disposition, procedure and other acts conducted pursuant to provisions of respective laws before amendment (including orders pursuant to those laws; hereinafter in this Article, the same applies) before the Act (for the provisions set forth in each item of Article 1 of Supplementary Provisions, the said provisions) comes into effect, of which the provisions correspond to those of respective laws after amendment, are deemed to be conducted pursuant to the corresponding provisions of respective laws after amendment, unless otherwise prescribed in Supplementary Provisions.
(Transitional Measures on Penal Provisions)
Article 31Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act (for the provisions set forth in each item of Article 1 Supplementary Provisions, the said provisions) comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of Supplementary Provisions, is to be governed by prior laws.
(Delegation to Cabinet Order)
Article 32Beyond what is prescribed in Supplementary Provisions, necessary transitional measures associated with enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 69, June 2, 2004][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding one year from the date of its promulgation; provided, however, that the provisions of Articles 11 and 14 of Supplementary Provisions come into effect from the date of promulgation.
(Review)
Article 2The government is to review the status of the regulation pertaining to radioisotopes and radiation generators considering scientific knowledge and the situation of implementation of the Act at the time, to review the provisions of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc., and to take necessary measures based on the result of these reviews within a period of 10 years from enforcement of the Act.
(Transitional Measures)
Article 3(1)Upon enforcement of the Act, the permission or application for the permission pursuant to the provisions of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc., before amendment (hereinafter referred to as "the Old Act") pursuant to the Act, or notification pertaining to sealed radioisotopes pursuant to the provisions of Article 3-2 paragraph (1) of the Old Act are, in accordance with the subjects of use (in cases where the said subjects are radioisotopes, including their kind, whether they are sealed or not, and their quantity) pertaining to the said permission or application for the permission or the said notification, deemed to be the permission or application for the permission pursuant to the provisions of the main clause of Article 3 paragraph (1) of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. after amendment (hereinafter referred to as "the New Act") pursuant to the Act, or notification pursuant to the provisions of Article 3-2 paragraph (1) of the New Act.
(2)A person who has submitted the notification of the permission referred to in Article 3-2 paragraph (1) of the Old Act that is deemed to be the permission referred to in the main clause of Article 3 paragraph (1) of the New Act, must notify Minister of MEXT of the matters set forth in Article 3 paragraph (2) items (iii), (v) and (vii) of the New Act within 3 months from the date of enforcement of this Act.
(3)A person who has not submitted the notification referred to in the preceding paragraph or made a false notification is subject to a fine of not more than 300,000 yen.
Article 4(1)Notification pertaining to radioisotope devices with a label referred to in Article 3-2 paragraph (1) of the Old Act, which has been made pursuant to the provisions of the same paragraph before the Act comes into effect, is deemed to be notification made pursuant to the provisions of Article 3-3 paragraph (1) of the New Act.
(2)In the case referred to in the preceding paragraph, radioisotope devices with a label referred to in Article 3-2 paragraph (1) of the Old Act are deemed to be approved devices with a certification label referred to in Article 12-5 paragraph (2) of the New Act.In this case, conditions for certification referred to in Article 12-5 paragraph (2) of the New Act on the said devices are provided by Minister of Education, Culture, Sports, Science and Technology.
Article 5(1)Upon enforcement of the Act, the permission already granted or application for the permission already made pursuant to the provisions of Article 4 paragraph (1) of the Old Act is deemed to be notification made pursuant to the provisions of the main clause of Article 4 paragraph (1) of the New Act.
(2)Upon enforcement of the Act, the permission already granted or application for the permission already made pursuant to the provisions of Article 4 paragraph (1) of the Old Act (limited to the permission or application for the permission pertaining to a person who conducts repacking radioisotopes for selling or leasing), in accordance with the kind, whether sealed or not, and the quantity (this term means the quantity of storage capacity of storage facilities referred to in paragraph (2) item (v) of the same Article) of radioisotopes pertaining to the said permission or application for the permission, is deemed to be the permission or application for the permission pursuant to the provisions of the main clause of Article 3 paragraph (1) of the New Act or notification made pursuant to the provisions of the main clause of Article 3-2 paragraph (1) of the New Act.In this case, the location, structure and equipment of repacking facilities referred to in Article 4 paragraph (2) of the Old Act pertaining to the permission referred to in Article 4 paragraph (1) of the same Act which is deemed to be the permission referred to in the main clause of Article 3 paragraph (1) of the New Act, are deemed to be the location, structure and equipment of usage facilities referred to in Article 3 paragraph (2) item (v) of the New Act pertaining to the permission referred to in the main clause of Article 3 paragraph (1) of the same Act.
Article 6A permit issued to a person who is deemed to have been already granted the permission, upon enforcement of the Act, referred to in the main clause of Article 3 paragraph (1) of the New Act pursuant to the provisions of Article 3 or the preceding Article of Supplementary Provisions is deemed to be the permit issued pursuant to the provisions of Article 9 paragraph (1) of the New Act.
Article 7Prior laws continue to govern the disposition on the matters of which disposition of passing or failure regarding inspections referred to in Article 12-8 paragraph (1) or paragraph (3) of the Old Act, inspection referred to in Article 12-9 paragraph (1) or paragraph (3) of the Old Act or application for confirmation referred to in Article 18-2 paragraph (2) of the Old Act, which has been conducted before the Act comes into effect and not yet completed upon enforcement of the Act.
Article 8The first-class radiation protection supervisor certificate issued pursuant to the provisions of Article 35 paragraph (2) of the Old Act, the second-class radiation protection supervisor certificate issued pursuant to the provisions of paragraph (3) of the same Article (limited to that issued to a person who has passed the examination conducted by Minister of Education, Culture, Sports, Science and Technology or a designated examination organization referred to in Article 41-12 paragraph (1) of the Old Act and has completed qualification training conducted by Minister of Education, Culture, Sports, Science and Technology or a designated training organization referred to in Article 41-19 paragraph (1) of the Old Act (hereinafter in this Article, referred to as a "designated training organization") or a second-class radiation protection supervisor certificate issued pursuant to the provisions of Article 35 paragraph (3) of the Old Act (limited to that issued to a person who has completed qualification training only conducted by Minister of Education, Culture, Sports, Science and Technology or a designated training organization) is deemed to be the first-class radiation protection supervisor certificate issued pursuant to the provisions of Article 35 paragraph (2) of the New Act, the second-class radiation protection supervisor certificate issued pursuant to the provisions of paragraph (3) of the same Article or the third-class radiation protection supervisor certificate issued pursuant to the provisions of paragraph (4) of the same Article, respectively.
Article 9Prior laws continue to govern, pursuant to the provisions of the Old Act, the mechanism confirmation referred to in Article 12-4 paragraph (1) or Article 12-6 of the Old Act conducted by a designated mechanism confirmation organization referred to in Article 39 paragraph (1) of the Old Act, inspection referred to in Article 12-8 paragraphs (1) through (3) or Article 12-9 paragraphs (1) through (3) of the Old Act conducted by a designated inspection organization referred to in Article 41-9paragraph (1) of the Old Act, confirmation referred to in Article 18-2 paragraph (2) of the Old Act conducted by a designated package confirmation organization referred to in Article 41-10 paragraph (1) of the Old Act or request for examination pursuant to administrative complaint review Act (Act No. 160, 1962) on disposition or inaction pertaining to confirmation referred to in Article 18-2 paragraph (2) of the Old Act conducted by a designated confirmation organization for means of transport referred to in Article 41-11 paragraph (1) of the Old Act.
Article 10A person who has been already granted the designation referred to in Article 41-9 paragraph (1), Article 41-10 paragraph (1), Article 41-11 paragraph (1), Article 41-12 paragraph (1) or Article 41-19 paragraph (1) of the Old Act, upon enforcement of the Act, is deemed to have received, respectively, the registration referred to in Article 12-8 paragraph (1), registration pertaining to a registered package confirmation organization referred to in Article 18 paragraph (2), the registration pertaining to a registered confirmation organization for means of transport referred to in the same paragraph, the registration pertaining to a registered examination organization referred to in Article 35 paragraph (2) or pertaining to a registered qualification training organization referred to in the same paragraph, of the New Act, during the period until six months have elapsed from the date of enforcement of the Act.
Article 11A person intending to receive the registration referred to in Article 12-2 paragraph (1), Article 12-8 paragraph (1) and Article 12-10, and the registration pertaining to a registered confirmation organization for means of transport referred to in Article 18 paragraph (2) and pertaining to a registered package confirmation organization referred to in the same paragraph, the registration referred to in Article 19-2 paragraph (2), the registration pertaining to a registered examination organization referred to in Article 35 paragraph (2), the registration pertaining to a registered qualification training organization referred to in the same paragraph or the registration referred to in Article 36-2 paragraph (1), of the New Act, may apply for the registration before the Act comes into effect. The same applies to the application for approval of operational rules for design certification pursuant to the provisions of Article 41-5 paragraph (1), operational rules for inspection pursuant to the provisions of the same paragraph, as applied mutatis mutandis pursuant to Article 41-16, operational rules for periodic confirmation pursuant to the provisions of the same paragraph, as applied mutatis mutandis pursuant to Article 41-18, operational rules for transport means confirmation pursuant to the provisions of the same paragraph, as applied mutatis mutandis pursuant to Article 41-20, operational rules for package confirmation pursuant to the provisions of the same paragraph, as applied mutatis mutandis pursuant to Article 41-22, operational rules for burial confirmation pursuant to the provisions of the same paragraph, as applied mutatis mutandis pursuant to Article 41-24, rules for conducting examinations pursuant to the provisions of the same paragraph, as applied mutatis mutandis pursuant to Article 41-28 and operational rules for qualification training pursuant to the provisions of the same paragraph, as applied mutatis mutandis pursuant to Article 41-32, of the New Act, and notification of operational rules for periodic training referred to in Article 41-36 paragraph (1) of the New Act.
Article 12Beyond what is prescribed in Articles 3 through 6 and Articles 8 and 10, disposition, procedure and other acts conducted before the Act comes into effect pursuant to the provisions of the Old Act that fall under corresponding provisions in the New Act, are deemed to be disposition, procedure and other acts conducted pursuant to these provisions.
(Transitional Measures on Penal Provisions)
Article 13Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of Supplementary Provisions, is to be governed by prior laws.
(Delegation to Cabinet Order)
Article 14Beyond what is prescribed in Supplementary Provisions, necessary transitional measures associated with enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 83, July 15, 2005][Extract]
(Effective Date)
Article 1The Act comes into effect as of April 1, 2007.
(Transitional Measures on Tenure of Assistant Professor)
Article 2Upon application of the provisions of the following laws, the tenure of an assistant professor before the Act comes into effect is deemed to be the tenure of an associate professor;
(i) through (viii)omitted;
(ix)Article 41-26 of the Act on Prevention of Radiation Hazards due to radioisotopes, etc. (Act No. 167, 1957)
Supplementary Provisions[Act No. 87, July 26, 2005][Extract]
The Act comes into effect as from the date of enforcement of Companies Act.
Supplementary Provisions[Act No. 38, May 11, 2007][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date when International Convention for the Suppression of Acts of Nuclear Terrorism becomes effective in Japan.
Supplementary Provisions[Act No. 30, May 10, 2010][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding two years from the date of promulgation; provided, however, that the provisions of Articles 3 and 5 of Supplementary Provisions come into effect from the date of promulgation.
(Transitional Measures)
Article 2Prior laws continue to govern a person who has become the person prescribed in Article 28 paragraph (1) of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. notwithstanding the provisions of Article 28 of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. after amendment (referred to as "the New Act" in the following Article) pursuant to the Act.
Article 3A person intending to receive registration referred to in Article 33-2 paragraph (1) of the New Act, may apply for registration even before the enforcement of the Act. The same applies to application for approval of operational rules for concentration confirmation pursuant to the provisions of Article 41-5 paragraph (1) of the New Act, as applied mutatis mutandis pursuant to Article 41-26 of the New Act.
(Transitional Measures on Penal Provisions)
Article 4Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of Article 2 of Supplementary Provisions, is to be governed by prior laws.
(Delegation to Cabinet Order)
Article 5Beyond what is prescribed in the preceding three Article, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
(Review)
Article 6The government is, in cases where five years have elapsed from the enforcement of the Act, to review the situation of enforcement of the provisions after amendment pursuant to the Act and, when it deems as necessary, to take necessary measures based on the result of the review.
Supplementary Provisions[Act No. 47, June 27, 2012][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation; provided, however, that the provisions set forth in each of the following items come into effect as from the date specified in each of the items.
(i)the provisions of Article 7 paragraph (1) (limited to the part pertaining to obtainment of the consent of both Houses of the Diet), Article 2 paragraph (3) (limited to the part pertaining to obtainment of the consent of both Houses of the Diet), Articles 5 and 6, Article 14 paragraph (1) and Articles 34 and 87 of Supplementary Provisions:Date of promulgation;
(ii)omitted;
(iii)the provisions of Articles 16, 20, 31, 32, 58, 91 and 96 of Supplementary Provisions:April 1,2013;
(Transitional Measures Associated with Partial Amendment of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc.)
Article 32(1)The permission, certification, registration and other dispositions, notice and other acts conducted, before enforcement of provisions set forth in Article 1 item (iii) of Supplementary Provisions, by the Minister of Education, Culture, Sports, Science and Technology pursuant to the provisions of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. before amendment pursuant to the preceding Article (including orders pursuant to the Act; hereinafter in this Article referred to as "the Old Radiation Hazards Prevention Act") are deemed to be the permission, certification, registration and other dispositions, notice and other acts conducted by the NRA, after the provisions set forth in the item come into effect, pursuant to the corresponding provisions of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. after amendment pursuant to the preceding Article (including orders pursuant to the Act; hereinafter in this Article referred to as "the New Radiation Hazards Prevention Act"), beyond what is prescribed in laws and regulations.
(2)Application, notification and other acts that have been already made to Minister of Education, Culture, Sports, Science and Technology, upon enforcement of provisions of Article 1 item (iii) of Supplementary Provisions, pursuant to the provisions of the Old Radiation Hazards Prevention Act, are deemed to be application, notification and other acts that have been made to the NRA pursuant to the corresponding provisions of the New Radiation Hazards Prevention Act, beyond what is prescribed in laws and regulations.
(3)The provisions of the New Radiation Hazards Prevention Act or orders pursuant to the Act apply to matters which are to be reported, notified, submitted or processed to Minister of Education, Culture, Sports, Science and Technology pursuant to the provisions of the Old Radiation Hazards Prevention Act before enforcement of the provisions set forth in Article 1 item (iii) of Supplementary Provisions but of which the procedures have not completed before the date of enforcement of the provisions set forth in the same item, deeming that the procedures pursuant to the corresponding provisions of the New Radiation Hazards Prevention Act have not completed, beyond what is prescribed in laws and regulations.
(4)The Orders of MEXT issued pursuant to the provisions of the Old Radiation Hazards Prevention Act, currently effective upon enforcement of the provisions Article 1 item (iii) of Supplementary Provisions, remain in force as the corresponding NRA Regulation issued pursuant to the corresponding provisions of the New Radiation Hazards Prevention Act.
(Transitional Measures on Penal Provisions)
Article 86Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act (for the provisions set forth in each of items of Article 1 Supplementary Provisions, the said provisions; hereinafter in this Article, the same applies) comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of Supplementary Provisions, is to be governed by prior laws.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 87Beyond what is prescribed in Supplementary Provisions, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 84, November 27, 2013][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Articles 64, 66 and 102 of Supplementary Provisions come into effect as from the date of promulgation.
(Effect of Dispositions, etc.)
Article 100The disposition, procedure and other acts conducted pursuant to provisions of respective laws before amendment (including orders pursuant to these laws; hereinafter in this Article, the same applies) prior to enforcement of the Act and that fall under the corresponding provisions of respective laws after amendment, are deemed to have been conducted pursuant to the corresponding provisions of respective laws, unless otherwise prescribed in Supplementary Provisions.
(Transitional Measures on Penal Provisions)
Article 101Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of the Act, is to be governed by prior laws.
(Delegation to Cabinet Order)
Article 102Beyond what is prescribed in Supplementary Provisions, necessary transitional measures (including transitional measures on penal provisions) associated with enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 103, December 13, 2013][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding six months from the date of its promulgation; provided, however, that the provisions set forth in each of the following items come into effect as from the date specified in each of the items;
(i)omitted;
(ii)the provisions of Article 17 of Supplementary Provisions:the date of promulgation of the Act Partially Amending the Pharmaceutical Affairs Law, etc. (Act No. 84, 2013) or the date of promulgation of the Act, whichever comes later;
Supplementary Provisions[Act No. 69, June 13, 2014][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date of enforcement of Administrative Complaint Review Act.
(Principle of Transitional Measures)
Article 5Prior laws continue to govern the appeal for dispositions and other acts or inactions by an administrative authority that are dispositions and other acts conducted by an administrative authority before the Act comes into effect or inactions of an administrative authority pertaining to application made before the Act comes into effect, unless otherwise prescribed in Supplementary Provisions.
(Transitional Measures on Litigations)
Article 6(1)Prior laws continue to govern an action of request for the matters that are not appealable, unless otherwise after determination, decision and other acts by an administrative authority pursuant to the provisions of the Act before amendment pursuant to the Act, and for which the period of requesting appeal has passed before the Act comes into] effect, without any request for the appeal (in cases where the said appeal is not appealable, unless otherwise after determination, decision and other acts by an administrative authority for other appeals, including that for which the period of requesting appeal has passed without any request for the said other appeals before the Act comes into effect).
(2)Prior laws continue to govern an action for revocation of disposition and other acts that are brought pursuant to the provisions of the Act before amendment pursuant to the provisions of the Act (including the cases which, pursuant to the provisions of the preceding Article, continue to be governed by prior laws) and that are not appealable for revocation, unless otherwise after an administrative determination against a request for administrative examination pursuant to the provisions of the Act after amendment pursuant to the provisions of the Act.
(3)Prior laws continue to govern an action for revocation of administrative determination, execution or other acts on appeal before the Act comes into effect.
(Transitional Measures on Penal Provisions)
Article 9Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of Article 5 and the preceding two Articles of Supplementary Provisions, is to be governed by prior laws.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 10Beyond what is prescribed in Article 5 through the preceding Article of Supplementary Provisions, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 15, April 14, 2017][Extract]
(Effective Date)
Article 1The Act comes into effect as from the date specified in Cabinet Order within a period not exceeding three years from the date of its promulgation; provided, however, that the provisions set forth in each of the following items come into effect as from the date specified in each of the items;
(i)The provisions of Article 6, and the provisions of Articles 13 through 17 and Article 25 of Supplementary Provisions:the date of its promulgation or April 1, 2017, whichever comes later;
(ii)omitted;
(iii)The provisions of Article 4, and the provisions of Article 23 of Supplementary Provisions:the date specified by Cabinet Order within a period not exceeding one year from the date of its promulgation;
(iv)omitted;
(Transitional Measures Associated with Partial Amendment of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc.)
Article 12The provisions of Article 25-4 paragraph (1) of the Act on the Regulation of Radioisotopes, etc. after revision pursuant to the provisions of Article 5, apply to a person who has been currently granted the permission or license referred to in the main clause of Article 3 paragraph (1) or Article 4-2 paragraph (1) of the Act on Prevention of Radiation Hazards due to Radioisotopes, etc. before amendment pursuant to the provisions of Article 5 or who has currently made notification prescribed in the main clause of Article 3-2 paragraph (1), upon enforcement of the Act. In this case, the term "before the commencement of handling specified radioisotopes" is deemed to be replaced with "within a period of three months from the date of enforcement of the Act Partially Amending the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors for Strengthening Safety Measures in Utilization of Nuclear Power (Act No. 15, 2017)".
Article 13A person intending to be granted the registration referred to in Article 36-2 paragraph (1) of the Act on the Regulation of Radioisotopes, etc. after amendment pursuant to the provisions of Article 5, as applied mutatis mutandis pursuant to Article 38-3 of the same Act following the deemed replacement of terms, may submit a written application even before the date of its enforcement.
(Effect of Dispositions, etc.)
Article 14Dispositions, procedures and other acts conducted prior to the enforcement of the Act (for the provisions set forth in each of items of Article 1 of Supplementary Provisions, the said provisions; the same applies in the following Article) pursuant to the provisions of respective laws before amendment (including orders pursuant to the provisions of the laws; hereinafter in this Article, the same applies), covered by the corresponding provisions of respective laws after amendment, are deemed to have been performed pursuant to corresponding provisions of respective laws after amendment, unless otherwise prescribed in Supplementary Provisions.
(Transitional Measures on Penal Provisions)
Article 15Prior laws continue to govern applicability of penal provisions to the conduct that a person engages in before the Act comes into effect and to the conduct after the Act comes into effect but which, pursuant to the provisions of Supplementary Provisions, is to be governed by prior laws.
(Delegation to Cabinet Order)
Article 16Beyond what is prescribed in Supplementary Provisions, transitional measures (including transitional measures on penal provisions) necessary for enforcement of the Act are to be prescribed in Cabinet Order.
(Review)
Article 18The government is to review the situation of enforcement of respective laws after amendment pursuant to the Act and to take necessary measures based on the result of the review within a period of five years from enforcement of the Act.
Supplementary Provisions[Act No. 41, May 31, 2017][Extract]
(Effective Date)
Article 1The Act comes into effect as of April 1, 2019; provided, however, that the provisions of the following Article and Article 48 of Supplementary Provisions come into effect as from the date of their promulgation;
(Delegation to Cabinet Order)
Article 48Beyond what is prescribed in Supplementary Provisions, transitional measures necessary for enforcement of the Act are to be prescribed in Cabinet Order.
Supplementary Provisions[Act No. 33, May 30, 2018][Extract]
(Effective Date)
Article 1(1)The Act comes into effect as from the date specified by Cabinet Order within a period not exceeding one year and six months from the date of its promulgation; provided, however, that the provisions set forth in the following items come into effect as from the date specified in each of the items;
(i) through (iii) omitted;
(iv)In Article 3, Amendment provisions for Article 107 paragraph 3 of the Patent Act; Amendment provisions to delete the heading of Article 109, add a heading before the said Article, and add an article after the said Article; Amendment provisions for Article 112 paragraph 1 and 6; Amendment provisions for Article 195 paragraph 6 and Amendment provisions to delete the heading of Article 195-2, add a heading before the said Article, and add an article after the said Article; Provisions of Articles 6 and 7; Provisions in Articles 11,15,23 and 25 through 32 of Supplementary Provisions. Date specified by Cabinet Order within a period not exceeding one year from the date of its promulgation.
Supplementary Provisions[Act No. 37, June 14, 2019][Extract]
(Effective Date)
Article 1This Act comes into effect as from the day on which three months have elapsed from the day of promulgation; provided, however, that the provisions set forth in the following items come into effect as from the date specified in each of the items;
(i)Articles 40,59,61 and 75 (limited to Amendment provisions for Child Welfare Law, Article 34-20), Articles 85,102 and 107 (limited to Amendment provisions for Act on Protection, etc. of Children pertaining to Adoption Mediation by Private Mediation Agencies, Article 26), Articles 111,143,149,152 and 154 (limited to Amendment provisions for Act on Real Estate Appraisal and Evaluation), and Provisions of Article 168 and following article, and Provisions in Articles 3 and 6 of Supplementary Provisions; Date of promulgation.
(Transitional Measures on Acts of Administrative Agencies, etc.)
Article 2Dispositions and other acts by an administrative authority pursuant to the provisions of the prior Act before amended by this Act or orders pursuant to the prior Act, and the effects of disqualification caused by such provisions, which were carried out before the date of enforcement of this Act (in the case of the provisions listed in each item of the preceding Article, such provisions. the same applies in this Article and the following article), come into effect.
(Transitional Measures on Penal Provisions)
Article 3Prior laws continue to govern applicability of penal provisions to conduct that a person engages in before the Act comes into effect.
(Review)
Article 7The government shall study the provisions in the Companies Act (Act No.86, 2005) and the Law Concerning General Incorporated Associations and General Incorporated Foundation (Act No.48, 2006) which are restricting the qualifications of executives of corporations on the grounds that they are adult wards or persons under curatorship within one year after the promulgation of this Act, and based on the results, shall take necessary legislative measures such as deletion of the said provisions and other measures.
Appended Table 1 (Relevant to Article 41)
(i)A user who holds the permission and a user who has notified (excluding those who use radioisotopes or radiation generators only for design certification procedures, inspection work, operations of transport means confirmation, package confirmation operations, burial confirmation operations, radioactivity concentration confirmation operations, operations for conducting qualification training or periodic training, or the operations entrusted by the national or local government).
(ii)Those who import, sell, or lease radioisotope devices.
Appended Table 2 (Relevant to Article 41-16 and Article 41-18)
(i)a user who holds the specified permission;
(ii)a licensed radioactive waste management operator;
(iii)those who manufacture, sell or lease radioisotopes or persons who undertake the construction of usage facilities, etc. or radioactive waste repacking facilities, etc. as a business, and who have a close interest on business with those set forth in the preceding two items.
Appended Table 3 (Relevant to Article 41-19-2)
(i)A user who holds the permission and a user who has notified (excluding those who use radioisotopes or radiation generators only for design certification procedures, inspection work, operations of transport means confirmation, package confirmation operations, burial confirmation operations, radioactivity concentration confirmation operations, operations for conducting qualification training or periodic training, or the operations entrusted by the national or local government).
(ii)Those who manufacture, sell, or lease radioisotopes as a business and have a close interest on business with those set forth in the preceding item.
Appended Table 4 (Relevant to Article 41-24)
(i)A user who holds the permission and a user who has notified (excluding those who use radioisotopes or radiation generators only for design certification procedures, inspection work, operations of transport means confirmation, package confirmation operations, burial confirmation operations, radioactivity concentration confirmation operations, operations for conducting qualification training or periodic training, or the operations entrusted by the national or local government).
(ii)Licensed radioactive waste management operators.
(iii)Persons who undertake the construction for burial of radioactive waste as a business, and who has a close interest on business with those set forth in the preceding item.
Appended Table 5 (Relevant to Article 41-26)
(i)A user who holds the permission and a user who has notified (excluding those who use radioisotopes or radiation generators only for design certification procedures, inspection work, operations of transport means confirmation, package confirmation operations, burial confirmation operations, radioactivity concentration confirmation operations, operations for conducting qualification training or periodic training, or the operations entrusted by the national or local government), sellers who have notified, lessors who have notified and licensed radioactive waste management operators.
(ii)Those who collect, transport, or dispose of radioactive wastes (including recycling) as a business, and who have a close interest on business with those set forth in the preceding item.