The University of Sydney (the University), pleaded guilty and was convicted in NSW by the Land and Environment Court for offences under section 6, 6 and 7. Radiation Control Act 1990(RC Act) and clause 34.1 of the Radiation Control Regulation 2013..
The University engaged a contractor in January 2019 to decommission and dispose a positron emitting tomography scanner. It contained a sealed radioactive calcium-137 source (the “Source”), and the convictions are based on that incident. The University was required by the EPAs Chairperson, to consent to dispose off the Source and to ensure that no one else had it. It didn’t do so.
The Source was transported by a company that was not licensed under the RC Act from Camperdown NSW to a scrap yard in Chipping Norton NSW.
The Source was sent from Chipping Norton into another scrap metal yard in Hexham NSW. There it was detected via a radio alarm and reported to EPA. The offences caused no harm to the environment, or anyone. The Source remained in its protective shell at all times. There is no evidence that the offences were intentionally committed or caused by negligence, recklessness or willful disregard.
The EPA brought the University to trial and the University pleaded guilty. The Court ordered the University to:
- Pay a fine not exceeding [insert amount]50% of the fine will be paid to EPA;
- Pay the EPAs legal expenses as agreed or assessed.
- This notice will be published in Sydney Morning Herald, ARPS Quarterly Newsletter and posted on Facebook
The Courts judgment is available here: [insert link to judgment on Caselaw].
