When a use licence is not required

About using a radiation source without a use licence

Under Section 13(b) of the Radiation Safety Act 2016 (the Act), no person may use a radiation source without a use licence unless the Act or the Radiation Safety Regulations 2016 (the Regulations) states otherwise.

Below you’ll find the cases where a use licence is not required.

Use by a person performing a prescribed activity

Some health practitioners and veterinarians are authorised by regulations to use radiation sources without holding a use licence. These people are authorised to carry out the specific activities prescribed in Schedule 3 of the Regulations.

Use in a passive or limited way

A person may use a radiation source without a use licence if they are authorised by a source licence to use the radiation source and the activity is considered passive or limited use. These requirements are outlined in section 17(2) of the Radiation Safety Act 2016.

A source licence must be applied for and granted by the Director for Radiation Safety (the Director). Find more information about source licences.

The Director considers passive or limited use to mean an activity where radiation protection and safety are ensured by using the radiation source either:

• passively: when a person has no interaction with the radiation source other than to read or to be guided by the information generated by the radiation source, or
• in a limited way: when a person’s interaction with the radiation source is limited to activities such as starting or stopping the emission of radiation, or making minor adjustments to the way the radiation source is used.

These types of use are considered to carry similar levels of radiation risk.

Important note

A source licence that authorises the passive or limited use of a radiation source authorises only that use. It does not authorise other types of use (for example, servicing of equipment or exchange of radioactive material). These activities require separate authorisation available under the Act.

Use under direct supervision

A natural person may use a radiation source without a use licence if the use is conducted under the direct supervision of an authorised person.

As defined under section 21(6) of the Act, an  ‘authorised person’ is either someone who holds a use licence for the radiation source, or someone who is authorised by the Regulations to perform specific activities involving the radiation source.

Currently, only the individuals listed in Schedule 3 of the Regulations are authorised by the regulation.

Under section 5 of the Act, ‘direct supervision’ means the supervising person is physically present and able to intervene.

When a radiation source is used under direct supervision, the radiation safety requirements must still be met, as required by section 23(b) of the Act. The meaning of ‘radiation safety requirements’ is also set out in section 5 of the Act.

Use under written instructions

A natural person may use a radiation source without a use licence if the use is conducted under the written instructions of an authorised person.

An authorised person is someone who holds a use licence or is authorised under Schedule 3 of the Regulations. See the section above for more detail.

Using a radiation source under written instructions is limited to uses that are of a mechanical or procedural nature.

The written instructions must meet the requirements set out in section 21(5) of the Act to:

• contain procedures for the safe use of the radiation source
• comply with the fundamental requirements (sections 9 to 12) of the Act
• be recorded by the authorised person in accordance with section 35 of the Act (‘Duty to keep records and to make them available’).

When a natural person uses a radiation source under written instructions from an authorised person, the nature of the activity must help ensure radiation protection. This means the task must be mechanical or procedural in a way that allows the person to credibly meet the radiation safety requirements set out in section 5 of the Radiation Safety Act.

To be valid, written instructions must credibly achieve radiation protection and the safety of a radiation source, with information on how:

• security needs are met
• a person using a radiation source can access support from the authorised person.

Exempt radiation sources

Under Regulations 10-14, certain radiation sources are exempt from use licence requirements under specified criteria:

• americium-241 in smoke detectors (Regulation 10)
• nickel-63 or hydrogen-3 in electron capture devices (Regulation 11)
• hydrogen-3 gaseous tritium light sources (Regulation 12)
• enclosed irradiating apparatus used for X-ray fluorescence or X-ray diffraction (Regulation 13​)
• radiation sources (other than nuclear material) that temporarily enter New Zealand (Regulation 14).