(1) In this
Subdivision, material is radioactive material if the regulator designates, in
writing, the material to be radioactive material under subregulation (2).
(2) The regulator may
designate material to be radioactive material if —
(a) the
material —
(i)
exhibits radioactivity; or
(ii)
emits ionising radiation or particles; or
(iii)
contains radionuclides of natural origin;
and
(b) the
activity concentration in the material exceeds 1 Bqg ‑1 .
(3) The regulator must
give a person who is affected by a designation made under
subregulation (2) a written copy of the regulator’s designation.