Regulatory Framework and Statutory Authority
Who regulates what
Candidates must map the layers of authority: international standards (IAEA safety standards, ICRP recommendations) that are non-binding guidance, national statutes that create the regulator and its powers, and subordinate regulations, licences and conditions that carry day-to-day force. Know the difference between a licence condition (legally binding on the licensee), a guidance document (persuasive, not binding) and a standard (binding only as incorporated).
Typical roles: a ministry sets policy; an independent regulator authorises, inspects and enforces; a technical support organisation advises; the licensee retains prime responsibility for safety. A frequent trap is assuming the regulator is responsible for safety - it is not. Another is confusing exemption (a practice excluded from regulatory control) with clearance (material released from control after meeting criteria).
Traps in questions
- "Approved code" vs "guidance": approval status changes legal weight.
- Emergency powers, transport rules and waste acceptance criteria may sit under different statutes.
- The ALARA principle may appear as a statutory requirement or only as policy - check the wording.
Rule of thumb
When an item asks "who is responsible", the answer is almost always the licensee or the person holding the authorisation, not the regulator, contractor or supplier. When it asks "who authorises", the answer is the independent regulatory body acting under the statute.
Worked example
A question states that a company follows an industry code of practice for waste storage and asks whether it complies with the law. Reasoning: the code is guidance unless the licence or regulation incorporates it; compliance with the law depends on the licence conditions and regulations. Answer: compliance with the code is not, by itself, proof of legal compliance.