Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Nuclear Damage Liability Act 1999.

Country/Territory
Austria
Document type
Legislation
Date
1998 (2003)
Source
FAO, FAOLEX
Long title
Federal Act on Third Party Liability for Nuclear Damage.
Subject
Air & atmosphere, Energy
Keyword
Radiation Liability/compensation Transport/storage Energy conservation/energy production Nuclear energy
Geographical area
Alps, Europe, Europe and Central Asia, European Union Countries, Western Europe
Abstract

The present Act lays down provisions relating to damage caused by ionising radiation. The Act governs the operation of nuclear plants, the carriage of radioactive material and the handling of radionuclides. The Act covers two different fields of liability: liability for damages caused by radiation from nuclear plants and nuclear material and liability for damages caused by radiation from radionuclides. The damage may be caused by ionising radiation alone or in combination with the other hazardous properties of the nuclear material or radionuclide. The definition of «nuclear material» follows the definition given by the Federal Law Establishing a Security Control in the Field of Nuclear Energy, which itself is based on Article 18 of the Convention on the Establishment of a Security Control in the Field of Nuclear Energy. According to this definition the term nuclear material means “special fissionable material” and “source material”. A nuclear plant is a plant containing nuclear material in such an arrangement that a self-sustaining chain process of nuclear fission can occur, such as nuclear reactors or facilities for the production, processing, utilisation, storage,reprocessing or disposal of nuclear material, including isotope isolation plants. Liable persons are the operator of a nuclear plant, the carrier of nuclear substances and the holder of radionuclides. The text consists of 31 articles divided into 6 Parts as follows: Sphere of application and definition of terms (1); Liability for for nuclear installations and material. Liability of the operating contractor (2); Liability for radionuclides (3); Subject of compensation, presumption of causation and disclosure requirements. Subject of compensation (4); Further provisions (5); Final provisions (6).

Full text
German
Website
www.ris.bka.gv.at