Nuclear Safeguards
(Notification) (Jersey) Order 2005
Made 13th May 2005
Coming into force in
accordance with Article 5
THE POLICY AND RESOURCES COMMITTEE, in pursuance of section 3(1) of the
Nuclear Safeguards Act 2000 of the United Kingdom as extended to Jersey by
article 2 of the Nuclear Safeguards (Jersey) Order 2004,[1] orders as follows –
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“Act” means the Nuclear Safeguards Act 2000 of the United
Kingdom as extended to Jersey by article 2 of the Nuclear Safeguards (Jersey) Order 2004;[2]
“high enriched uranium”
means uranium containing 20% or more of the isotope uranium-235;
“nuclear fuel cycle-related
research and development activities” means research and
development activities that are specifically related to any process or system
development aspect of –
(a) the
enrichment of nuclear material;
(b) the
reprocessing of nuclear fuel; or
(c) the
processing of intermediate or high level waste containing plutonium, high
enriched uranium or uranium-233,
but does not mean activities related to theoretical or basic
scientific research or to research and development on industrial radioisotope
applications, medical, hydrological or agricultural applications, health or
environmental effects or improved maintenance;
“nuclear material”
means any source material (other than ore or ore residue) or any special
fissionable material;
“processing of intermediate or
high level waste” does not include –
(a) repackaging
of the waste for storage or disposal; or
(b) conditioning
of the waste not involving the separation of elements, for storage or disposal;
“source material”
means uranium containing the mixture of isotopes occurring in nature, uranium
depleted in the isotope 235, thorium, and any of the foregoing in the form of
metal, alloy, chemical compound or concentrate;
“special fissionable material”
means –
(a) plutonium-239;
(b) uranium-233;
(c) uranium
containing the isotopes 235 or 233 or both those isotopes in an amount so that
the abundance ratio of the sum of those isotopes to the isotope 238 is greater
than the ratio of the isotope 235 to the isotope 238 occurring in nature; and
(d) any
material containing one or more of the foregoing.
(2) Expressions
used in this Order shall, unless the contrary intention appears, have the same
respective meanings as in the Act.
2 Requirement
to notify the Committee
(1) Any
person who has carried out in Jersey –
(a) any
of the activities specified in paragraph 1 of the Schedule; or
(b) any
nuclear fuel cycle-related research and development activities,
must notify the Committee in accordance with paragraph (2).
(2) The
person must notify the Committee –
(a) not
later than 2 months after the commencement of this Order in respect of
activities carried out at any time during the period of 6 months prior to
such commencement; and
(b) on
or before 15th January in each year in respect of activities carried out at any
time during the previous calendar year.
3 Form
of notification to the Committee
(1) A
person required to notify the Committee under Article 2 must do so by
giving a notice to the Committee containing particulars of the person’s
name, proper address (within the meaning of section 10(3) of the Act),
each activity which the person has carried out during the relevant period and
the address of each place at or from which he or she has carried out each such
activity.
(2) A
person who has given particulars to the Committee under paragraph (1) must,
within 14 days of any change in any of those particulars, give to the
Committee notice of the new particulars.
(3) Any
notice to be given by a person under paragraph (1) or (2) must be in
writing and sent by post or delivered to the Committee at the Committee’s
offices at Cyril Le Marquand House, The Parade, St. Helier, JE4 8QT.
4 Amendments
consequential upon move to Ministerial government
(1) In
Article 1 after the definition “high enriched uranium” there
shall be inserted the following definition –
“
‘Minister’ means the Chief Minister;”.
(2) In
Articles 2 and 3, and in the headings to those Articles, for the word
“Committee” in each place where it occurs there shall be
substituted the word “Minister”.
(3) In
Article 3(3) for the words “Committee’s offices” there
shall be substituted the words “Minister’s offices”.
5 Citation
and commencement
(1) This
Order may be cited as the Nuclear Safeguards (Jersey) Order 2005.
(2) This
Order, apart from Article 4, shall come into force 7 days after it is
made.
(3) Subject
to paragraph (4), Article 4 shall come into force, in respect of any
provision of this Order that it amends, on the same day as that provision.
(4) If
a provision of this Order that is to be amended by Article 4 is in force
on the commencement of Article 42(3) of the States of Jersey Law 2005,
Article 4 shall come into force, in respect of that provision, on the same
day as Article 42(3).
M.N. DE LA HAYE
Greffier of the States.
SCHEDULE
(Article 2(1))
activities referred to in article 2(1)
1 Activities
The activities referred to in Article 2(1) are –
(a) the
manufacture of centrifuge rotor tubes or the assembly of gas centrifuges;
(b) the
manufacture of diffusion barriers;
(c) the
manufacture or assembly of laser-based systems;
(d) the
manufacture or assembly of electromagnetic isotope separators;
(e) the
manufacture or assembly of columns or extraction equipment;
(f) the
manufacture of aerodynamic separation nozzles or vortex tubes;
(g) the
manufacture or assembly of uranium plasma generation systems;
(h) the
manufacture of zirconium tubes;
(i) the
manufacture or upgrading of heavy water or deuterium;
(j) the
manufacture of nuclear grade graphite;
(k) the
manufacture of flasks for irradiated fuel;
(l) the
manufacture of reactor control rods;
(m) the
manufacture of criticality safe tanks and vessels;
(n) the
manufacture of irradiated fuel element chopping machines; and
(o) the
construction of hot cells.
2 Interpretation
(1) In
paragraph 1 –
“aerodynamic separation nozzles or vortex tubes” means
separation nozzles and vortex tubes as described respectively in entries 5.5.1
and 5.5.2;
“centrifuge rotor tubes” means thin-walled cylinders as
described in entry 5.1.1(b);
“columns or extraction equipment” means those items as
described in entries 5.6.1, 5.6.2, 5.6.3, 5.6.5, 5.6.6, 5.6.7 and 5.6.8;
“criticality safe tanks and vessels” means those items
as described in entries 3.2 and 3.4;
“diffusion barriers” means thin, porous filters as
described in entry 5.3.1(a);
“electromagnetic isotope separators” means those items
referred to in entry 5.9.1 containing ion sources as described in entry
5.9.1(a);
“flask for irradiated fuel” means a vessel for the
transportation and/or storage of irradiated fuel which provides chemical,
thermal and radiological protection, and dissipates decay heat during handling,
transportation and storage;
“gas centrifuges” means centrifuges as described in the
Introductory Note to entry 5.1;
“heavy water or deuterium” means deuterium, heavy water
(deuterium oxide) and any other deuterium compound in which the ratio of
deuterium to hydrogen atoms exceeds 1:5000;
“hot cells” means a cell or interconnected cells
totalling at least 6m3 in volume with shielding equal to or greater
than the equivalent of 0.5m of concrete, with a density of 3.2g/cm3
or greater, outfitted with equipment for remote operations;
“irradiated fuel element chopping machines” means
equipment as described in entry 3.1;
“laser-based systems” means systems incorporating those items
described in entry 5.7;
“nuclear grade graphite" means graphite having a purity
level better than 5 parts per million boron equivalent and with a density
greater than 1.50g/cm3;
“reactor control rods” means rods as described in entry
1.4;
“uranium plasma generation systems” means systems for
the generation of uranium plasma as described in entry 5.8.3;
“zirconium tubes” means tubes as described in entry 1.6.
(2) The
numbered entries referred to in sub-paragraph (1) are the entries so
numbered in Annex II to the Additional Protocol.