(1) Whosoever produces, keeps, transports, treats, processes or otherwise uses, imports or exports
1. nuclear fuels without the required permit or contrary to an enforceable injunction; or
2. other radioactive substances which because of their nature, composition or quantity are capable of causing the death of or serious injury to another or of causing serious damage to animals, plants, bodies of water, the air or soil by ionising radiation, without the required permit or contrary to an enforceable injunction
shall be liable to imprisonment not exceeding five years or a fine.
(2) Whosoever
1. fails promptly to deliver nuclear fuels which he is obliged to deliver on the basis of the Peaceful Use of Nuclear Energy Act;
2. delivers nuclear fuels or substances indicated in subsection (1) No 2 above to unauthorised persons or procures their distribution to unauthorised persons;
3. causes a nuclear explosion; or
4. encourages another to commit an act as indicated in No 3 above or supports such an act,
shall incur the same penalty.
(3) Whosoever in violation of duties under administrative law
1. in the operation of a facility, especially a plant or technical installation, stores, treats, processes, or otherwise uses radioactive substances or dangerous substances and mixtures under Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 ( OJ L 353, 31.12.2008 ), last amended by Regulation (EC) 790/2009 (OJ L 235, 5.9.2009, 1)
or
2. transports, forwards, packs, unpacks, loads or unloads, receives or supplies to another dangerous goods,
and thereby endangers the health of another, animals , plants, bodies of water, the air and soil , or property of significant value belonging to another ,shall be liable to imprisonment not exceeding five years or a fine.
(4) The attempt shall be punishable.
(5) If the offender acts negligently the penalty shall be imprisonment not exceeding three years or a fine.
(6) Subsections (4) and (5) above shall not apply to acts under subsection (2) No 4 above.
