National Nuclear Regulator Act

Link to law: http://www.gov.za/documents/national-nuclear-regulator-act
Published: 1999-12-23

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National Nuclear Regulator Act [No. 47 of 1999]
I
REPUBLIC OF SOUTH AF
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ofice as a Newspaper As ‘n ~VLlusblad by die Poskantoor Geregisrreer
CAPE TOWN, 23 DECEMBER 1999 VOL. b 14 No. 20760
KAAPSTAD, 23 DESEMBER 1999
I
O~CE OF THE PRESIDENCY
No. 1537. 23 December 1999
It is hereby notified that the President has assented to the following Act which is hereby published for general information:—
No. 47 of 1999: Nat~onal Nttciear Regulator Act, 1999
KANTOOR VAN DIE PRESIDENSIE
No. lj37. 23 Desember 19y9
Hierby word bekend gemaak dat die President sy goed- keuring geheg het :~an d i e onderstaan~le ~Vet wat llierby ter ~llgemene in[lgting gepubliseer word:—
No. 47 van 1999: Wet op die Nasionole Kernreguleerder. 1999.
ACT To provide for the establishment of a National A’uclear Regulator in order to regulate nuclear activities, for its objet@ and functions, for the manner in which it is to be managed and for its staff matters; to provide for safety standards and regulatory practices for protection of persons, property and the environment against nuclear damage; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa, asfollows:- CONTENTS
Sectjo~ls
1. 9-.
z i: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.
20.
5CHAPTER 1
INTERPRETATION
Definitions Application of Act. and declaration of nuclear installation
CHAPTER 2
NATIONAL NUCLEAR REGULATOR 10
Establishment of National Nuclear Regulator Regulator successor to assets and liabilities of Council for Nuclear safety Objects of Regulator Co-operative governance F u n c t i o n s o f R e g u l a t o r 15 Control and management of affairs of Regulator Vacation of office of board members k4eetings of board Minutes of board meetings Committees of board Remuneration of directors and committee members Delegation and assignment b! board Chief executive officer of Regulator Staff of Re&ulator Funds of Regulator Financial year of Regulator Judicial management and liquidation of Regulator
CHAPTER 3
NUCLEAR AUTHORISATIONS
Restrictions on certain actions
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24. 25. 26. 27, 28.
29. 30. 31. 32. 33. 34. 35.
36. 37. 38. 39. 40. 41. 42.
43. 44. 45. 46.
47. 48. 49. 50. 51. 52. 53. 54. 55. 56.
Application for nuclear installation or vessel licence Application for certificate of registration or exemption for certain actions Conditions relating to nuclear installation licence. nuclear vessel licence or certificate of registration Special conditions relating to nuclear vessel licence 5 Prohibition on transfer of nuclear authorisation Responsibility of holders of nuclear authorisations Revocation and surrender of nuclear authorisation Fees for nuclear authorisation
CHAPTER 4
FINANCIAL SECURITY AND LIABILITY
Financial security by holder of nuclear installation licence Strict liability of holder of nuclear installation licence for nuclear damage Special provisions for liability for nuclear damage caused by vessels Liability of holder of certificate of registration for nuclear damage Claims for compensation in excess of maximum liability Prescription of actions Compensation for injuries of Regulator’s employees
CHAPTER 5
SAFETY AND EMERGENCY MEASURES
Safety standards and regulatory practices Duties regarding nuclear accidents and incidents Emergency planning Record of nuclear installations Record of nuclear accidents and incidents and access thereto Appointment and powers of inspectors Regulator’s powers regarding security of property and premises
CHAPTER 6
APPEALS
Appeal to chief executive officer against inspector’s decision Appeal to board against chief executive officer’s decision Appeal to Minister against board’s decision Appeal to High Court against Minister’s decision
CHAPTER 7
GENE~L
Regulations Delegations and assignment by Minister Disagreement between Minister and board Exemption from duties and fees Disclosure of information Offences and penalties Reproduction of documents by Re&ulator Partial repeal of Act 131 of 1993. and savings Legal succession to council for Nuclear Safety Short title and commencement
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CH.4PTER 1
INTERPRET/4TION
Definitions
1. In this Act. unless the context indicates otherwise- (i) “action’. means— 5
(a) theuse, possession. production. stoiage. enrichment, processing. repro- cessing. conveying or disposal of. or causing to be conveyed. radioactive material;
(b) anyaction. theperformance ofwhich mayresult unpersons accu1nulating a radiation dose resulting from exposure to ionizing radiation; or 10
(c) anyother action involving radioactive material; (ii) “board” means the Board of Directors as referred to in section 8(1);
(iii) “certificate of exemption” means a certificate referred to in section 22(1): (iv) “certificate of registration” means a certificate referred to in section 22(1): (v) “chief executive officer’. means the person appointed as such in terms of 15
section 1 5(l): (vi) ‘closure” means the completion of all operations after the emplacement of
spent fuel or radioactive waste in a disposal facility: (,,ii) “Cottncil for Nuclear Safety” means the Council for Nuclear Safety
contemplated in section 33 of the Nuclear Energy Act, 1993 (Act No. 131 of 20 1993);
(viii) “enrich” means increase the ratio of an isotopic constituent of an element to the remaining isotopic constituents of that element relative to the naturally occurring ratio, and “enrichment” has a corresponding meaning;
(ix) “financial year”. in relation to the Regulator, means the period contemplated 25 in section 18;
(x) “inspector” means the person appointed as such in terms of section 41(1); (xi) “ionizing radiation” means electromagnetic or corpuscular emission emitted
from radioactive material and capable of producing ions, directly or indirectly while passing throu&h matter; 30
(xii) “Minister’. means the Minister of Minerals and Energy; (xiii) “nuclear accident” means any occurrence or succession of occurrences
having the same origin which— (a) results in the release of radioactive material, or a radiation dose, ~Jhlch
exceeds the safety, standards contemplated in section 36; and 35 (b) is capable of causing nuclear damage:
(xiv) ‘nuclear authorisation.. means a nuclear installation Iicence, nuclear vessel licence. certificate of registration or certificate of exemption:
(xv) “nuclear damage.. means— (a) any injury to or the death or any sic~ess or disease of a person: or 40 (b) other damage. including any damage to or any loss of use of property or
damage to the environment. v’hich arises out of. or results from, or is attributable to. the ionizing radiation associated with a nuclear installation, nuclear vessel or action:
(xvi) “nuclear energy’. means all the energy released by a nuclear fission or nuclear 45 fusion process:
(x\ii) “nuclear incident.. me~ns— (u) any unintended e~)ent at ~ nuclear installation which causes off-site
public exposure of the order of at least one tenth of the prescribed limits: or 50
(l)) the spread of radioactive contamination on a site or exposure of a worker above the prescribed limits or a significant failure in safety provisions,
other than a nuclear accident: (xviii) “nuclear installation’. means—
(a) a facility, installation. plant or structure designed or adapted for or which 55 may involve the carrying out of any process, other than the mining and
processin& of ore. within the nL]cleur fuel c!cle in\ol\ing radioactive material. including. but not limited (o— (i) a uranium 01 thorium refinement o]- con\ ’ersion facility:
(ii) a uranium enrichment facilit!: (iii) a nuclear fuel fabrication facility: (iv) a nuclear reactor, including a nuclear fission reactor or any other
facility intended to create nuclear fusion: (v) a spent nuclear fuel reprocessing facility:
(vi) a spent nuclear fuel storage facility: (vii) an enriched uranium processing and storage facility: and
(viii) a facility specifically designed to handle, treat, condition, tempo- rarily store or permanently dispose of any radioactive material which is intended to be disposed of as waste material; or
(b) any facility, installation, plant or structure declared to be a nuclear installation in terms of section 2(3);
(xix) “nuclear installation licence.’ means a licence referred to in section 21(1): (xx) “nuclear reprocessin& facility” means a facility operated to extract or separate
from source material or special nuclear material that has been subjected to radiation, [hose constituents that have undergone transmutations as a result of
(xxi) (xxii)
(xxiii)
(xxiv) (xxv)
(xxvi)
(xxvii)
(xxviii) (xxix) (xxx)
(xxxi) (xxxii)
the radiation, or those constituents that have not undergone transmutations and are re-usable; “nuclear vessel licence.’ means a licence referred to in section 21(2); “period of responsibility”, in relation to the holder of a nuclear authorisation, means the period beginning on the date of the grant of the relevant nuclear installation licence or certificate of registration or, in the case of a nuclear vessel, when it enters South Africa’s territorial waters, and ending on whichever of the following dates is the earlier, namely— (a) the date on which the Regulator gives notice in writing to the holder that
in its opinion the risk of nuclem-damage frotn— (i) anything on the site, or at or in the nuclear installation, in question;
(ii) any act performed in regard to the nuclear installation or site in question;
(iii) any action described in section 2(1)(c), as the case may be, no longer exceeds the safety standards contemplated in section 36;
(b) the date on which a nuclear authorisation in respect of the nuclear instaIIation, site or action in question is granted to some other person;
(c) in the case of a nuclear vessel. the date on which the nuclear vessel leaves South Africa.s territorial waters;
“plant” means any machinery, equipment or device. whether it is attached to th-e ground or not: “prescribed.’ means prescribed by regulation made in terms of section 47: “previous Act” means the Nuclear Energy Act, 1993 (Act No. 131 of 1993); .’radioactive material” means any substance consisting of, or containing. any radioactive nuclide, whether natural or artificial, including, but not limited to, radioactive waste and spent nuclear fuel; “radioactive nuclide.. means anv unstable atomic nucleus which decavs spontaneously with the accompan~’ing emission of ionizing radiation: “radioactivity.’ means the tneasure of a quantity of radioactive materials; .’Regulator.. means the Nationa] Nucje~ Regulator established by section 3: “site.’ mea]ls a site on which- (a) a nuclear installation is situated or is being constructed; or (1?) any action which is capable of causing nuclear damage, is carried out; .’specified date.’ means the date contemplated in section 56(2); .“this Act” includes any regulations made in terms of section 47.
Application of Act, and declaration of nuclear instillation
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2. (1) Subject to subsection (2), this Act applies te (a) the siting, design. construction, operation, decontamination, decommission-
ing and closure of any nuclear installation;
(1~) vessels propelled by nuclear power or h~ving radioactive material on board which is capable of causing nuclear damage: and
(c) any action which is capable of causing nuclear damage. (2) This Act does not apply t~
(a) exposure to cosmic radiation or to potassium-40 in the body or any other radioactive material or actions not amenable to regulatory control as determined by the Minister, after consultation with the board and by notice in the Ga:ette;
(b) subject to section41 (4). any action where the radioactivity concentrations of individual radioactive nuclides, or the total radioactivity content, are below the exclusion levels provided for in the safety standards contemplated in section 36;
(c) Group IV hazardous substances as defined in section 1 of the Hazardous Substances Act, 1973 (Act No. 15 of 1973):
(d) exposure to ionizing radiation emitted from equipment, declared to be a Group 111 hazardous substance in terms of section 2(1)(b) of the Hazmdous Substances Act, 1973.
(3) For the purposes of this Act, the Minister may, after consultation with the board and by notice in the Gazette. declare any facility, installation, plant or structure. including a mine or ore-processing facility, to be a nuclear installation.
CHAPTER 2
NATIONAL NUCLEAR REGULATOR
Establishment of National Nuclear Regulator
3. A juristic person to be known as the National Nuclear Regulator, comprising a board, a chief executive officer and staff, is hereby established.
Regulator successor to assets and liabilities of Council for Nuclear Safety
4. (1) On the specified date, all assets, rights, liabilities and obligations of the Council for Nuclear Safety pass to the Regulator.
(~) The R~gjstrar of Deeds conce~ed must make such entries or endorsements aS ~e necessary to give effect to subsection (1) in or on any relevant register, title deed or any other document in his or her office or submitted to him or her.
(3) No office fees or other moneys are payable in respect of such an entry or endorsement,
Objects of Regulator
5. The objects of the Regulator are to— (a) provide for the protection of persons, property and the environment against
nuclear dama&e through the establishment of safety standards and regulatory practices:
(b) exercise regulatory control related to safety over- (i) the siting. design. construction, operation. manufacture of component
parts, and decontamination, decommissioning and closure of nuclear installations; and
(ii) vessels propelled by nuclear power or having radioactive material on board which is capable of causing nuclear damage,
through the granting of nuclear authorisations; (c) exercise regulatory control over other actions, to which this Act applies,
through the granting of nuclear authorisations; (d) provide assurance of complimce with the conditions of nuclear authorisations
through the implementation of a system of compliance inspections; (e) fulftl national obligations in respect of international legal instruments
concerning nuclear safety; and (~) ensure that provisions for nuclear emergency planning ~e in Place.
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?!CI X(). 47.1999 \4TIOX..\L XL’ C1.E.\R REGLI. \TC)R 4CT. IYY’)
Co-operative governance
6. (l) To give effect to the principles ofco-operative governrnent and intergovern- mental relations contemplated in Chapter 3 of the Constitution of the Republic of South Africa. 1996 (Act No. 108 of 1996), all organs of state. as defined in section 239 of the Constitution. on which functions in respect of the monitoring and control of radioactive material or exposure to ionizing radiation are conferred by this Act or other legislation. must co-operate with one another in order t~
(a) ensure the effective monitoring and control of the nuclear hazard; (b) co-ordinate the exercise of such functions: (c) minimise the duplication of such functions and procedures regarding the
exercise of such functions: and (d) promote consistency in the exercise of such functions.
(~) The Regulator must conclude a Co-operati\,e agreement with eve~ releVant Organ of state to give effect to the co-operation contemplated in subsection (1).
(3) The Minister must, after consultation with the board and in consultation with the h4inisters responsible for the relevant organs of state, make regulations regarding—
(a)
(h)
time periods and procedures. including procedures for public participation and mechanisms for dispute resolution, in respect of the conclusion of co-operative agreements referred to in subsection (2); matters that must be provided for in co-operative agreements. including, but not limited to. provision for— (i)
(ii)
(iii)
(iv)
time periods for the implementation of co-operative agreements; the co-ordination of the functions referred to in subsection ( 1 ) in a manner that avoids unnecessq~ duplication and omissions regarding safety requirements and the issuing of conflicting instructions; measures to be taken in the event of non-compliance with a co-operative agreement; dispute resolution in respect of the interpretation or application of co-operative agreements referred to in subsection (2)
(4) The Minister ‘must publish by notice in the Gazerte every co-operative agreement concluded in terms of subsection (2).
Functions of Regulator
7. (l) The Regulator may. subject to this Act, for the purpose of achieving its objects—
(a) (b)
(c)
(d)
(c)
(f)
(g)
grant or amend nuclear authorisations; hire, purchase or otherwise acquire any movable and immovable property and proprietary right. and rent or dispose of property so acquired. but may not acquire or dispose of immovable property without the prior approval of the Minister, granted with the agreement of the Minister of Finance: collaborate with any other body or institution or establish and control facilities for the collection and dissemination of scientific and technical information, in connection with any matter regarding nuclear energy falling within the objects of the Regulator: collaborate with any educational. scientific or other body. a &ovemment or institution in connection with the provision of instruction for. or the training of, persons required by the Regulator; provide. on such conditions as the Regulator thinks fit, financial or other assistance in connection with the training of persons in so far as in the bo~d’s opinion it is necessary to ensure that a sufficient number of trained persons are available to enable the Regulator to perform its functions; insure itself against any 10SS. dama&e, risk or liability which it may suffer or incur: advise the Minister on matters associated with any action or condition w h i c h - (i) is capable of causing nuclear damage;
(ii) the Minister refers to the Regulator; or (iii) the Regulator thinks necessary to advise the h4inister on:
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(I?) for purposes of thi> At!. act Iis the na{ional competent authority in connection with the International Atomic Energ} Agent!’s Regulations for the Safe Transport of Radioactive Material;
(;) conclude contracts. enter into agreements o]- perform any act. whether in the Republic or elsewhere. whereby its objects are carried into etiect or which is calculated, directly or indirectly. (o enhance the l’alue of the services which the Regulator renders towards the achievement of its objects or which may be prescribed:
(j) produce and submit to the Minister an annual public report on the health and safety related to workers. the public and the environment associated with all sites including, but not limited to. the prescribed contents.
(2) The Minister must table in Parliament the annual public report submitted to him or her in terms of subsection (1)(j) within 14 days after it is so submitted if Parliament is then in ordinary session or. if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinwy session.
(3) The functions of the Regulator must be performed by the chief executive oficer. as directed by the board, except where otherwise specified in this Act.
Control and management of affairs of Regulator
8. (1) The Regulator is governed and controlled. in accordance with this Act. by a Board of Directors.
(2) The board— (a) must ensure that the objects of the Regulator referred to in section 5 are
carried out; and (b) exercises general control over the performance of the Regulators functions.
(3) The board represents the Regulator and all acts performed by the board or on its authority are the acts of the Regulator.
(4) The board consists of— (a) the following directors appointed by the Minister:
(i) One representative of organised labour; (ii) one representative of organised business;
(iii) one person representing communities, which may be affected by nuclear activities;
(iv) an official from the Department of Minerals and Energy; (v) an official from the Department of Environmental Affairs and Tourism:
and (vi) not more than seven other directors: and
(b) the chief executive officer. (5) The Minister must from among the directors of the board referred to in subsection
(4)(~~)(vi) appoint a chairperson and a deputy chairperson. (6) A person may only be appointed as a director in terms of subsection (4)(u) if he or
she is suitably qualified. (7) For the purposes of appointing the directors of the board referred to in subsection
(4)(a)(i). (ii), (iii) and (vi)— (a) the Minister must through the media and by notice in the Ga:erre in~’ite
nominations of persons as candidates for the relevant positions on the board: (b) a panel. appointed by the Minister, which may include representatives of the
rele~)ant committees of Parliament. must compile a shortlist of not more than 20 candidates from the persons so nominated;
(c) the Minister must. from the shortlist so compiled and from other persons nominated as contemplated in para&raph (a), appoint persons to the relevant positions on the board; and
(d) the Minister may. for a director appointed in terms of subsection (4)(a)(i) to (v), appoint a suitably qualified alternate director to act in the place of that director during his or her absence.
(8) A person is disqualified from being appointed or remaining a director of the board if he or she—
(a) is not a South African citizen: (b) is declared insolvent:
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(c) is con!ictcd of an offence and sentenced to imprisonment without the op~ion of a fine:
(d) becomes a member of Parliament, a provincial legislature. a Municipal Council. the Cabinet or the Executive Council of a pro~ince;
(e) is a holder of a nuclear authorisatior] 01- an employee of such holder, (9) A director of the board may not be present during, or take part in. the discussion
of, or the making of a decision on. any matter before the board in which that director or !~is or her spouse, life partner. child. business partner or associate or employer, other than the State. has a direct or indirect frnancial interest.
(10) Upon appointment of a person as a director of the board he or she must submit to the Minister and the board a written statement in which he or she declares whether or not he or she has any interest contemplated in subsection (9).
(11 ) If any director acquires or contemplates acquirin& an interest. which could possibly be an interest contemplated in subsection (9), he or she must immediately in writing declare that fact to the Minister and the board.
(12) (a) The chairperson of the board holds office for a period specified in the letter of appointment but not exceeding three years and may be reappointed upon expiry of that term of office.
(b) A director referred to in subsection (4)(a) holds office for a period specified in the letter of appointment but not exceeding three years and maybe reappointed upon expiry of that term of office.
(13) (a) If a director dies or vacates office, the Minister may, subject to subsection (8), appoint another person as a director.
(b) The person so appointed serves for the unexpired portion of the predecessor’s term of office.
(14) Despite the Dreceding provisions of this section— (u)
(b)
the persons who, immediately before the specified date, served as members of the council of the Council for N’uclear Safety in terms of the previous Act, must act as [he directors of the Regulator’s board from the specified date until the day immediately before the Regulator’s board, constituted in accordance with subsection (4), meets for the first time; and the chairperson of that council must act as chairperson of that board for the

period contemplated in paragraph (a) and must determine the times and places of its meetin&s.
~Tacation of office of board members
9. ( 1 ) The Minister may at any time discharge a director of the board from office— (a) if the director has repeatedly failed to perform his or her functions efficiently: (/)) if, because of any physical or mental illness or disability, the director has
become incapable of performing his or her functions or performing them efficiently: or
(c) for misconduct. (~) A director ~acates office when—
(aj he or she is disqualified in terms of section 8(8): (b) he or she is discharged in terms of subsection (1); (c) he or she is absent from three consecutive meetings of the board without the
chairpersons permission. unless the board has condoned the absence on good reasons advanced: or
(d) the person’s resi~nation as director takes effect.
hleetings of board
10. ( 1 ) The first meeting of the board is held at the time and place determined by the Minister. and thereafter meetings are held at such times and places as the board determines.
(2) The chairperson or. in his or her absence. the deputy chairperson, may at any time call a special meeting of the board to be held at the time and place determined by the chai~erson or deputy chairperson.
(3) All directors must be notified in writing of eve~ meeting of the board.
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..icl N(J. 47. 199Y N,4TIc)s.4L NL’cLE..\R Rr;cTL’l..AToR,AcT. lQ9~
(4) A majority of the directors forms a quorum at an! meeting of the board. (5) Subject to subsection (4 J.adecision of thema.lority of thedjrectors present ata
meeting of the board constitutes adecision of the board and, in the event of inequality of l)otes on any matter. the person chairing the rele~’ant meeting has a casting vote in addition to a deliberative vote.
(6) No decision taken by the board or an act performed under its authority, is invalid merely by reason of—
(a) a vacancy on the board: or (b) the fact that any person not entitled to do so. sat as a director at the time that
decision was taken, if that decision was t~en or that act was authorised by the required majority of directors present at the meeting who were entitled to sit as directors.
(7) (a) If the chairperson is for any reason unable to act. or the office of chairperson is vacant. the deputy chairperson must act as chairperson.
(b) If both the chairperson and deputy chairperson are for any reason unable to act, or both the offices of chairperson and deputy chairperson are vacant. the board must designate any other director to act as chairperson.
Rlinutes of board meetings
11. (1) The board must cause minutes of its meetings to be kept and copies of the minutes to be circulated to its members.
(2) Such minutes, when signed at a next meeting by the person who chairs that meeting, are, in the absence of proof of error therein, regarded as a true and correct record of the proceedings and are prima facie evidence of those proceedings before a court of law. any tribunal or a commission of inquiry.
Committees of board
12. The board may— (a) establish such committees as it considers necessary to assist it in the
performance of its functions; and (b) appoint as members of any such committee such persons, including directors
of the board, staff of the Re&ulator, the holders of nuclear authorisations and employees of such holders, as the board considers appropriate.
Remuneration of directors and committee members
13. A director, or member of a committee. of the board, other than the chief executive officer or a person who is in the full-time employment of the Regulator or other organ of state, is appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister determines tvith the agreement of the Minister of Finance.
Delegation and assignment by board
14. ( 1 ) Subject to subsections (2), (3). (4) and (5), the board may, by resolution. delegate any power. and assign any duty. conferred or imposed on it b~ the operation of section 8(1 ) or (2) or conferred or imposed on it elsewhere by this Act. to its chairperson or a committee of the board.
(~) The board is not di~ested of any power or relie~ed of an> function it so delegated or assigned.
(3) Such delegation or assignment— (u) may be made subject to conditions determined by the board: (b) may, subject to subsection (5), be given together with the power to
subdelegate or further assign, subject to conditions determined by the board; (c) must be communicated to the delegatee or assignee in writing.
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(4) The written communication in terms of subsection [3)(c)— (a) must contain full particulars of the matters being delegated or assigned and of
the conditions determined in terms of subsection (3)(a): and (l~j if the power of subdeiegation or further assignment is conferred, must state
that fact and any conditions determined in terms of subsection (3)(h). 5 (5) The board may. by resolution—
(c~) amend or revoke a delegation or assignment made in temls of subsection ( 1 ); (1?) uithdraw any decision. other than a decision which confers a right or
entitlement on any third party. made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter itself. 10
(6) The Minister may, by notice in the Gacetre— (a) prohibit the delegation by the board of any particular power or its assignment
of any particular duty. whether generally or in the circumstances specified in the notice:
(b) limit the circumstances in which any particular power or duty of the board 15 may be delegated, subdelegated. assigned or further assigned:
(c) prescribe conditions for the delegation of any particular power or assignment of any particular duty.
Chief executive officer of Regulator
lj. (1) The Minister must, after consultation with the board, appoint a person with suitable qualifications as chief executive officer of the Regulator.
(2) A person is disqualified from being appointed or remaining a chief executive officer if subject to any of the disqualifications mentioned in section 8(8).
(3) A chief executive officer holds office for a period not exceeding three years as specified in the letter of appointment and may be reappointed upon expiry of that term of office.
(4) The Minister may at any time discharge the chief executive officer from office— (a) if the chief executive officer has repeatedly failed to perform the duties of
office efficiently; (b) if. because of any physical or mental illness or disability, the chief executive
officer has become incapable of performing the functions of that office or performing them efficiently; or
(c) for misconduct. (5) (a) The person who, immediately before the specified date was the executive
officer of the Council for Nuclear Safety by virtue of appointment to that office in terms of section 44 of the previous Act, must. from the specified date until the date on which the appointment of the Regulators first chief executive officer in terms of subsection (1) of this section takes effect, act as the Regulator’s chief executive oficer.
(b) A person so acting is not precluded from being appointed as the Regulator’s chief executive officer in terms of subsection (1).
(6) The chief executive officer must— (a) ensure that the functions of the Regulator in terms of this Act are performed; (b) report to the board on the proper functioning of the Regulator: (c) issue a nuclear authorisation in accordance with this Act: (d) complete a report on the activities of the Regulator for each financial year in
accordance with the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992). and submit the report to the board for approval:
(e) each financial year. after consultation with the board and with the appro~al of the Minister. publish and distribute a plan of action for the activities of the Regulator.
(7) The board must forward the report mentioned in subsection (6)(d), as approved by it. to the Minister within three months of the end of the financial year concerned.
(8) The chief executive officer is the accountin& officer of the board charged with the responsibility of accountin& for all money received and payments made by, and the assets of, the Regulator.
(9) The chief executive officer must exercise all the powers and perform all the duties conferred or imposed on the accounting officer by—
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al of the expenses incuned by it in the performance of its functions in terms of this Act.
(3) The chief executive officer must- (a) open an account in [he name of the Regulator with an institution registered as
a bank in terms of the Banks .4ct, 1990 (Act No. 94 of 1990): and (/7) deposit therein all money recei~ed in terms of subsection (1).
(4) The chief executive oficer may. on behalf of the Regulator. invest any money received in terms of subsection ( 1 ) which is not required for immediate use—
(u) with the approval of the Minister, with the Public Investment Commissioners referred to in section 2 of the Public Investment Commissioners Act, 1984 (Act No. 45 of 1984); or
(b) with such other institution as the board and the Minister. with the agreemenr of the Minister of Finance, determine.
(5) The Regulator may use interest derived from the investment contemplated in subsection (4) to defray expenses in connection with the performance of its functions in terms of this Act.
(6) The Regulator may, with the appro~’al of the Minister. granted with the agreement of the Minister of Finance—
(a) authorise the establishment of such reserve funds as it considers necessary or expedient: and
(b) deposit such amounts therein, as it considers necessary or expedient.
(7) The Regulator must in each financial year. at such time as determined by the Minister, submit a statement of its estimated income and expenditure for the following financial year to the Minister for his or her approval, granted with the agreement of the Minister of Finance.
(8) The Auditor-General must extemally audit the Regulator.
Financial year of Regulator
18. The Regulator’s financial year is from 1 April in any year to 31 March in the following year. but the first financial year is from the specified date to 31 March in the following year.
Judicial management and liquidation of Regulator
19. Despite the provisions of any other law, the Regulator may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.
CH.4PTER 3
NUCLEAR AUTHORISATION
Restrictions on certiin actions
20. ( 1 ) NO person tnay site. construct, operate. decontaminate or decommission a nuclear installation, except under the authority of a nuclear installation licence.
(2) No vessel which is propelled by nuclear power or which has on board an> radioactive material capable of causing nuclear damage may—
(o) anchor or sojourn in the territorial waters of the Republic; or (/?) enter any port of the Republic.
except under the authority of a nuclear vessel licence. (3) No person may engage in any action described in section 2(1)(c) other than any
action contemplated in subsection ( 1 ) or (2). except under the authority of a certificate of registration or a certificate of exemption
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Application for nuclear ins~llation or vessel licence
21. (1) Any person Wishing to site. construct, operate, decontaminate or decommis- sion a nuclear installation may apply in the prescribed format to the chief executive officer for a nuclear installation licence and must furnish such information as the board requires.
(2) Any person wishing to— (a) anchor or sojourn in the territorial waters of the Republic: or (b) enter any port in the Republic.
with a vessel which is propelled by nuclear power or which has on bo~d any radioactive material capable of causing nuclear damage. may apply to the chief executive officer for a nuclear vessel licence and must furnish such information as the board requires.
(3) The chief executive officer must direct the applicant for a nuclear installation or vessel licence tp
(a) serve a copy of the application upon— (i) every municipality affected by the application; and
(ii) such other body or personas the chief executive officer determines; and (b) publish a copy of the application in the Gazette and two newspapers
circulating in the area of every such municipality. (4) (a) Any person who may be directly affected by the granting of a nuclear
installation or vessel licence pursuant to an application in terms of subsection (1) or (2), may m&e representations to the board, relating to health, safety and environmental issues connected with the application, within 30 days of the date of publication in the Gazette contemplated in subsection (3)(b).
(b) If the board is of the opinion that further public debate is necessary, it may arrange for such hearings on health, safety and environmental issues as it determines.
(5) Subject to the board’s approval, the chief executive officer may— (a) refuse an application for a nuc~ear installation or vessel licence and must
pro~’ide the applicant in writing with the reasons for the refusal; or (b) grant an application for a nuclear installation Iicence or nuclear vessel licence
subject to such conditions as may be determined in terms of section 23.
Application for certificate of registration or exemption for certiin actions
22. (1) Any person wishing to engage in any action described in section 2(1)(c) may apply in the prescribed format to the chief executive o5cer for a certificate of registration or a certificate of exemption and must furnish such information as the board requires.
(2) The chief executive officer may direct that the applicant for a certificate of registration—
(u) serve a copy of the application upon— (i) every municipality affected by the application; and
(ii) such other body or personas the chief executive officer determines: and (bj publish a copy of the application in the Gazette and two newspapers
circuiting in the area of every such municipality. (3) The chief executive 05cer may. with the approval of the board—
(a) refuse to grant an application for a certificate of exemption or a certificate of reg15tration made in terms of subsection ( 1 ) ~d must provide the applicant in writing with the reasons for the refusal; or
(}>) issue— (i) a certificate of registration subject to such conditions as may be
determined in terms of section 23; or (ii) a ceflificate of exemption if satisfied that the action in question complies
with the exemption c~teria specified in the safety standards contem- plated in section 36.
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Conditions relating to nuclear installation licence, nuclear vessel licence or certificate of registration
23. ( 1 ) The chief executive officer may establish standard conditions applicable to one or more categories of certificates of registration.
(2) The chief executive officer may. subject to subsection (3), impose any condition in 5 a nuclear installation or vessel licence or certificate of registration which—
(a) is necessary to ensure the protection of persons, property and the environment against nuclear damage; or
(b) provides for the rehabilitation of the site, (3) The chief executive officer— 10
(u) may, subject to paragraph (c). amend any condition in a nuclear installation or vessel Iicence or certificate of registration;
(b) must notify the person in writing to whom the nuclear installation or vessel licence or certificate of registration was issued of such amendment and the reasons therefor; and 15
(c) must submit to the board any amendments made to a nuclear authorisation as contemplated in paragraph (a) for ratification at the first meeting of the board following the amendments.
Special conditions relating to nuclear vessel licence
24. (1) The chief executive officer may include in a nuclear vessel licence— 20 (u) conditions relating t~
(i) liability for nuclear damage which may determine. limit or preclude liability, despite any provisions to the contrary in any other law: or
(ii) security for nuclear damage and the manner of providing the security, as determined by the Minister; 25
(b) any other conditions as the chief executive officer considers necessary to ensure compliance with the safety standards contemplated in section 36;
(c) if the vessel in question is registered outside the Republic, the appropriate terms of any agreement between the Government of the Republic and the government of the country in which the vessel is registered. 30
(2) Any provision included in an agreement referred to in subsection (1)(c) which could be included in terms of subsection ( 1 )(a) or (b) as a condition of a nuclear vessel licence, is considered to be a condition of that licence, even if it is not expressly embodied in the relevant licence as a condition thereof.
(3) Subject to the terms of any agreement referred to in subsection (1 )(c). the chief 35 executive officer may amend or repeal any condition imposed in terms of this section.
(4) A nuclear vessel licence is valid for such period as is determined by the chief executive officer, and may from time to time be renewed for any further period.
(5) The holder of a nuclear vessel licence is not. solely because of the expiry of that licence. relieved of liability for nuclear damage resulting from anything which occurred 40 or which was done or omitted during the currency of that licence,
(6) The chief executive officer must exercise the powers conferred by this section on behalf of the board and subject to the Minister’s directions.
30 N() 2070(1” c,[)\’ERx\IENTG ;\ZETTE. 23 DECEkfBER i~9Q
.\ct N(). 47. IY99 NATlo\-AL xL!cLEAR REclL”L.4ToRAcT. [944
Prohibition on transfer of nuclear authorisation
2j. A nuclear authorisation is not transferable.
Responsibilities of holders of nuclear authorisations
26. (1) The holder of a nuclear authorjsation must. at all times. display copies of that authorisation at such places and in such languages and form as determined by the chief executive officer to ensure public access to the conditions specified in the authorisation.
(2) The holder of a nuclea authorisation must implement an inspection programe to ensure compliance with all conditions of the nuclear authorisation.
(3) The holder of a nuclear authorisation must provide any information or monthly return as required by the chief executive officer.
(4) The holder of a nuclear installation licence must establish a public safety information forum as prescribed in order to inform the persons living in the municipal =ea in respect of which an emergency plan has been established in terms of section 38( I ) on nuclear safety and radiation safety matters.
Revocation and surrender of nuclear authorisation
27. (1) The chief executive officer may, with the approval of the board, revoke a nuclear authorisation.
(2) The holder of a nuclear authorisation may surrender that authorisation. (3) If a nuclear authorisation has been revoked or surrendered in terms of subsection
(1) or (2), the holder of the nuclear authorisation concerned must— (a) if so directed by the chief executive officer, deliver to the person appointed by
the chief executive officer, or account for, such nucle~ authorisation; and (b) for the duration of his or her period of responsibility, display, or cause to be
displayed, on the relevant site or the vessel in respect of which a nuclear authorisation has been granted. such notices as directed by the chief executive officer.
(4) On revocation or surrendering of a nuclear authorisation, or at any time during the period of responsibility of the holder of that authorisation, the chief executive officer, in writing, may give any direction to the person liable for nucle~ damage in te~s of section 30. which the chief executive officer believes is necessary to prevent nuclear damage which-
(a) may be caused by anything which is being done, maybe done or was done: or (b) is or was present.
at or in the relevant nuclear installation or site.
Fees for nuclear authorisation
28. The Minister may, on the recommendation of the board and in consultation with the Minister of Finance and by notice in the Gazerre, determine the fees payable to the Regulator in respect of—
(u) any application for the granting of a nuclear authorisation; (b) an annual nuclear authorisation fee.
CHAPTER 4
FINANCI.4L SECURITI’ AND LL4BILITY
Financial security by holder of nuclear installation licence
29. (1) The Minister must. on the recommendation of the board and by notice in the Ga:etre. categorise the various nuclear installations in the Republic, based on the potential consequences of a nuclear accident.
(~) The h41nister must, on the recommendation of the board and in consultation with the Minister of Finance and by notice in the Ga:erre, determine—
(a) the level of financial security to be provided by holders of nuclear installation licences in respect of each of those categories; and
(b) the manner in which that financial security js to be prok’ided,
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in order for the bolder of a nuclear installation licence to fulfil any liability which may be incurred in terms of section 30,
(3) Despite subsection (2), the Minis{er ma!’. after consultation with the board, for so long is the holder of a nuclear installation licence may be liable for nuclear damage—
(a) increase or decrease the level of financial security to be provided by that holder as determined in terms of subsection (2):
(b) if financial security has not been required in terms of subsection (2) require that holder to pro~’ide financial security;
(c) discharge that holder from the requirement to provide financial security; (d) amend the manner in which that holder must provide financial security.
(4) If— (u) nuclear damage occurs and compensation is claimed as a result thereofi or (b) the Minister is satisfied that such compensation is likely to be so claimed,
the Minister may require the holder of the nuclear installation Iicence in question to give additional financial security in respect of those claims or possible claims, to an amount ~,hich the Minister, after consultation with the bored, determines.
(5j The holder of a nuclear installation licence must annually provide proof to the Regulator that any claim for compensation to an amount contemplated in section 30(2), can be met.
Strict liability of holder of nuclear instillation licence for nuclear damage
30. (1) Subject to subsections (2). (3), (5) and (6), only a holder of a nuclear installation licence is, whether or not there is intent or ne&ligence on the part of tbe holder, liable for all nuclear damage caused by or resulting from the relevant nuclear installation during the holders period of responsibility—
(u) by anything being present or which is done at or in the nuclear installation or by any radioactive material or material contaminated with radioactivity which has been discharged or released. in any form, from the nuclear installation; or
(b) by any radioactive material or material contaminated with radioactl~’ity which is subject to the nuclear installation licence, while in the possession or under the control of the holder of that licence during the conveyance thereof from the nuclear installation. to any other place in the Republic or in the territorial waters of the Republic from or to any place in ‘or outside the Republic.
(2) The liability for nuclear damage by any holder of a nuclear installation licence is limited, for each nuclear accident: to the amounts determined in terms of section 29(2).
(3) The liability contemplated in subsection (1)(b) ends upon the relevant material coming—
(a) onto another site in respect of which a nuclear installation Iicence has been granted: or
(b) onto a site or into the possession or the control of any person authorised in terms of section 3A of the Hazardous Substances Act. 1973 (Act No. 15 of 1973), where such material is a Group IV hazardous substance as defined in section 1 of that Act.
(4) For the purposes of subsection (1) radioactive material or material contaminated with radioactivity which is being con~,eyed on behalf of the holder of a nuclear installation ]icence is regarded to be in the possession or under the control of the holder of that Iicence.
(5) Nothing in this section precludes a person from claiming a benefit in terms of the Compensation for Occupational Injuries and Diseases Act. 1993 (Act No. 130 of 1993). but such person may not benefit both in terms of this Act and the Compensation for Occupational Injuries and Diseases Act, 1993.
(6) The holder of a nuclear installation licence is not liable to any person for any nuclear damage—
(a) to the extent to which such nuclear damage is attributable to the presence of that person or any propert) of that person at or in the nuclear installation or on the site in respect of which the nuclear installation licence has been granted, without the permission of the holder of that licence or of a person acting on behalf of that holder: or
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.4C1 N(). 47.1999 >“.ATION AI. X(;C[.E AR REG(~I.ATOR ACT. 199°
(b) if that person intentionally caused. or intentionally contributed to. such damage.
(7) The holder of a nuclear installation licerrce retains any contractual right of recourse or contribution which the holder has against any person in respect of any nuclear damage for which that holder is liable in terms of subsection (1).
(8) Any person who, without a nuclear installation licence, carries out an action for which such a licence is required, is. whether or not there is intent or negligence on the part of that person, liable for all nuclear damage.
(9) Nothing in this section affects any right, which any person has in terms of an}’ contract of employment, to benefits more favorable than those to which that person may be entitled in terms of this section.
Special provisions for liability for nuclear damage caused by vessels
31. If the chief executive oficer has not determined any conditions for liability for nuclear damage as contemplated in section 24(1)(a)(i) for a holder of a nuclear vessel licence granted in respect of a vessel, the provisions of section 30 apply with the changes required by the context.
Liability of holder of certificate of registration for nuclear damage
32. (1) The liability of a holder of a certificate of registration, for any nucle~ damage caused by or resulting from any action carried out by virtue of that certificate during his or her period of responsibility, must be determined in accordance with—
(a) the common law; or (b) the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
130 of 1993), as the case may be.
Claims for compensation in excess of maximum liability
33. (1) If— (a) the total amount of claims for compensation against a holder of a nuclear
installation licence; or (b) the total amount of claims for compensation against such holder plus the
estimated amount of claims for compensation likely to be required to be paid, exceeds, or is likely to exceed, the amount for which that holder has given security in terms of section 29, the holder must immediately notify the board and the Minister thereof in writing.
(2) Such notice must include— (a) particulars of the total number and amount of all such claims received: and (b) an estimate of the number and amount of any other claims which may have to
be satisfied. (3) If on receipt of that notice. the Minister is satisfied that the total amount of claims
for compensation against a holder of a nuclear installation Iicence that is unpaid. and of such claims as are likely to be made thereafter, will exceed the amount of security given by that holder in terms of section 29 in respect of such claims, the Minister must—
(a) table in Parliament a report on the nuclear damage in question, which recommends that Parliament appropriate funds for rendering financial assistance to the holder to the amount by which the claims exceed or are likely to exceed the security which is available; and
(b) by notice in the Gazette suspend the obligation to pay the claims in respect of that nuclear damage until Parliament has decided about the recommendation.
(4) The liability of a person who has provided or must provide financial security as contemplated in section 29, is not affected by any appropriation in terms of subsection (3)(b).
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(5) lf Parliament has b! resolution decided that funds to an amount specified in the Ieport b) the hlinister be appropriated. no p:lynlen( of anj’ SUCI1 ~lain~ for compensation arising out of the nuclear damage concerned may be made aftel- the passing of such resolution without the approval of the hfiinister or an order of court.
(6) The giving of additional security by a holder of a nuclear installation Iicence in 5 terms of section 29(4) does not affect the application of this section.
Prescription of actions
34. (1) Despite anything to the contrary in any other law, an action for compensation in terms of section 30.31 or 32 may. subject to subsection (2). not be instituted after the expiration of a period of 30 years from— 10
(a) the date of the occurrence which gave rise to the ri&ht to claim that compensation; or
(b) the date of the last event in [he course of that occurrence or succession of occurrences, if a continuing occurrence or a succession of occurrences, all attributable to a particular event or the carrying out of a particular operation, 15 gave rise to that right.
(2) If the claimant concerned became aware, or by exercising reasonable care could ha\’e become aware, of—
(a) the identity of the holder of the nuclear authorisation concerned: and (b) the facts from which the right to claim compensation arose, 20
during tie period of 30 years contemplated in subsection (1). an action for compensation in terms of section 30, 31 or 32 may not be instituted after the expiration of a period of two years from the date on which he or she so became aware or could have become a~,~e.
(3) The running of the period of two years referred to in subsection (2) is suspended 25 from the date negotiations regarding a settlement by or on behalf of the claimant and the relevant holder of the nuclear authorisation are commenced in writing until the date any party notifies the other party that the negotiations are terminated.
Compensation for injuries of Regulator’s employees
35. (1) If a person who is employed in any capacity by or on behalf of the Regulator, 30 while so performing services, suffers a personal injury or contracts a disease attributable to ionizing radiation from any radioactive material, or to the flammable, explosive, poisonous or special properties of radioactive material, or to the ionizing radiation produced by any apparatus, and in respect of which no liability can be established in terms of section 30, 31 or 32, the Regulator must, subject to subsection (2)— 35
(a) defray all reasonable expenses incurred by or on behalf of such person in respect of any medical treatment, includin&, but not limited to, the supply and maintenance of any artificial part of the body or other device. necessitated by such injury or disease; and
(b) pay compensation in respect of disablement or death caused by such injury or 4 0 disease.
(2) Nothing in this section precludes an employee of the Regulator from claiming a benefit in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), but such employee may not benefit both in terms of this Act and the Compensation for occupational Injuries and Diseases Act, 1993. 45
(3) Nothing in this section affects any right. which any person has in terms Of an!’ contract of employment, to benefits more favourab]e than those to which that person may be entitled in terms of this section.
CHAPTER 5
SAFETY AND EMERGENCY MEASURES
Safety standards and regulatory practices
36. ( 1 ) The Minister must, on the recommendation of the board. make regulations regarding safety standards and regulatory prdctices. 5
(2) Before any regulations are made in terms of subsection (1), the Minister must. by notice in the Gazerte. inlite the public to comment on the proposed regulations and consider that comment.
Duties regarding nuclear accidents and incidents
37. ( 1 ) If a nuclear accident occurs in connection with a nuclear installation, nuclear 10 vessel or action, the holder of the nuclear authorisation in question must irrunediately report it to the Re&ulator and to any other person described in that nuclear authorisation.
(2) When the occurrence of a nuclear accident is so reported to the Regulator. it must—
(a) immediately investigate such accident and its causes. circumstances and 15 effects;
(b) in such manner as it thinks fit, define particulars of the period during which and the area within which, in its opinion. the risk of nuclear damage connected with the accident exceeds the safety sVdndards and regulatory practices contemplated in section 36; 20
(c) direct the holder of tie nuclear authorisation in question to obtain the names, addresses and identification numbers of all persons who were during that period within that area; and
(d) if, of the opinion that it has not been informed of all persons who could have been present during that period within that area. publish by notice in the 25 Gazette and in two publications of the daily newspapers in circulation in that area, the fact that a nuclem accident has occurred during that period within that area.
(3) (a) The Regulator must, in the prescribed manner, keep a record of the names of all persons who, according to its information. were within the area so defined at any time 30 durin& the period so defined. and of such pmiculars concerning them as may be prescribed.
(b) For the purposes of the proof of claims for compensation for nuclear damage. any such record is on its mere production b~’ any person in a court of law admissible in evidence, and is pri~7za fucie proof of the presence of the person in question within the 35 area and during the period so defined.
(4) The right of any person to claim compensation from a holder of a nuclear authorisation in terms of section 30 is not prejudiced by—
(a) tbe defining of any area or period in terms of subsection (2)(b); or (b) the failure to record the name of any person in terms of subsection (3). 40
(5) If a nuclear incident occurs on a site, the holder of the nuclear authorisation in question must report it to the Regulator within the period stipulated in that authorisation.
Emergency planning
38. (1) Where the possibility exists that a nuclear accident affecting the public may occur, the Regulator must direct the relevant holder of a nuclear authorisation, other than 45 a holder of a certificate of exemption. t~
(a) enter into an agreement with the relevant municipalities and provincial authorities to establish an emergency plan within a period determined by the Regulator;
(b) cover the costs for the establishment, implementation and management of 50 such emergency plan insofar as it relates to the relevant nuclear installation or any action contemplated in section 2(1 )(c): and
(c’) submit such emergency plfinfol- itsapprov~l. (2) The Regulatol- nlust ensure that SUCI1 emergencj pl~n js effectjve fo~- the protec~ion
of persons should a nuclear accident occur. (3) Whe12 a nuclear accident occurs. the holder of a nuclear authorisation. other than
a holder of a certificate of exemption. in question must implement the emergency plan 5 as approved by the Regulator.
(4) The h4inister may. on recommendation of the board and in consultation with the relevant municipalities. make re&ulations on the development surrounding any nuclear installation to ensure the effective implementation of any applicable emergency plan.
Record of nuclear installations 10
39. (1) The Regulator must kee~ (u) a record of the particulars: (b) a map showing the location: and (c) where applicable. djagrams showing the position and limits,
of nuclear installations in respect of which a nuclear installation licence has been 15 granted.
(2) If the Regulator believes that a risk of nuclear damage— (u) arising from anything done or being done: or (b) which has been or is present.
at or in any nuclear installation in respect of which a nuclear installation licence is no 20 longer in force. is within safety standards contemplated in section 36. it may remove the particulars in connection therewith from that record.
Record of nuclear accidents and incidents and access thereto
40. The Regulator must— (a) keep and mai,itain a record of the details of every nuclear accident and nuclear 25
incident: (b) store that record safely; (c) retain that record for 40 years from the date of the nuclear accident or nuclear
incident; and (d) on the request of any person, make that record available to that person. 30
Appointment and powers of inspectors
41. (1) The chief executive officer must, with the approval of the board and subject to section 16(2), appoint such number of suitably qualified inspectors to enforce compliance with the objects of the Regulator referred to in section 5.
(2) The chief executive officer must issue to every person appointed under subsection 35 ( 1 ) a certificate to the effect that such person has been so appointed and restricting such person to the actions in respect of which he or she may exercise the powers and perform the duties conferred or imposed on an inspector in terms of this Act.
(3) When exercising his or her powers or performing his or her duties in terms of this Act. the inspector must on request b! any interested person produce that certificate. 40
(4) Subject to the restrictions in the certificate contemplated in subsection {2). an inspector may—
(a) at all reasonable times enter— (i) any nuclear installation or site in respect of which an application for a
nuclear installation licence has been made or such a licence has been 45 granted:
(ii) any place which the inspector on reasonable grounds suspects to be a site on which there is a nuclear installation;
(iii) any place where parts of a nuclear installation are present or manufac- tured: 50
42 ho 2(176(1 GO\ ERN~l ENT GAZE~E. 23 DECEMBER 199u
.Act No. 47.1999 N.4TIONAL \-LCLEAR REGULATOR .4 CT. I ~95
(iv) any place Where radioactive material is kept or is present. and in respect of which an application for a nuclear authorisation has been made or a nuclear authorisation has been granted:
(v) any place where the inspector on reasonable grounds suspects tha[ radioactive material is kept or present or any action prohibited in terms of section 20 is being carried out;
(b) carry out inspections and use any applicable equipment during such inspections at any of the nuclear installations. sites or places referred to in paragraph (a) and conduct such investigations as are necessaw for the purpose of monitoring or enforcing compliance with this Act;
(c) if necessary for the purposes of monitoring or enforcing compliance with this Act, direct in writing the holder of or the applicant for a nuclear authorisation, or any other person having any power or duty in connection with or on the relevant nuclear installation. site or place referred to in paragraph (a), te (i) allow the inspector to t~e away for investigation the articles or objects
pointed out by the inspector; (ii) allow the inspecting of the documents specified by the inspector, and to
m~e copies thereo~ (iii) furnish to the inspector information which is under his OJ her control;
(d) after signing for any object or document, or copies thereof, remove it for investigation;
(e) if any action contemplated in section 20, or any condition associated with such action, does not comply with the requirements laid down in the nuclear authorisation, or with the safety standards contemplated in section 32, direct any person in control of the action— (i) to discontinue such action or immediately rectify such condition; or
(ii) to rehabilitate the relevant site or other place to a condition that complies with the requirements laid down in the nuclear authorisation or with the safety standards contemplated in section 36;
~) if any action contemplated in section 2(2)(b), or any condition associated with such action, does not comply with the exemption criteria specified in the safety standards contemplated in section 36, direct the person in control of the action— (i) to discontinue such action or immediately rectify such condition;
(ii) to rehabilitate the site or other place to a condition that complies with the exemption criteria provided for in the safety standards contemplated in section 36; or
(iii) to apply for a certificate of registration; (g) require any person who causes any site or other place to be contaminated with
radioactive material to rehabilitate the site or place to a condition that complies with the safety standards contemplated in section 36;
(h) be accompanied by such persons as the inspector considers necessary— (i) to assist the inspector in the exercise of his or her powers in terms of this
subsection; (ii) to exercise such powers, and perform such duties, of the inspector as he
or she determines; (i) exercise any other powers and perform any other duties conferred or imposed
by this Act. (5) An inspector authorised thereto in writing by the Re&ulator has, in respect of any
vessel and subject to the terms of any agreement referred to in section 24(1)(c), has the same powers conferred upon an inspector in respect of nuclear installations, sites and other places contemplated in this section.
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Regulator’s po}vers regarding security of property and Premises
42. ( 1 ) The Regulator may make or cause to be made such arrangements as it considers necessary for the proper protection or securit!~ of property which beJong.~ to. or is under the control of the Regulator or is on any premises on which activities of the Regulator are performed. 5
(2) No Unauthorised person may enter any premises which— (a) are under the control of the Regulator: and (b) the Regulator has identified as premises where information relating to the
safety and security of or on a nuclear installation is kept.
CHAPTER 6 10
APPEALS
Appeal to chief executive officer against inspector’s decision
43. (1) Any person adversely affected by any action or decision of an inspector may appeal to the chief executive oficer a&ainst that action or decision.
(2] Such appeal must— 15 (a) be lodged within 60 days from the date of the action or the date on which the
decision was made known, as the case may be, or such later date as the chief executive officer permits; and
(b) set out the grounds of appeal. (3) After considering the grounds of appeal and the inspector’s reasons for the action 20
or decision, the chief executive 05cer must as soon as practicab]e— (a) confirm, set aside or amend the action or decision; or (b) substitute any other decision for the decision.
Appeal to board against chief executive officer’s decision
44. (1) Any person adversely affected by a decision of the chief executive 05cer, 25 either in terms of section 43(3) or in the exercise of any power in terms of this Act, may appeal against that decision to tie bored.
(2) Such appeal must— (a) be lodged within 60 days from the date on which that decision was made
known by the chief executive officer or such later date as the board permits: 30 and
(b) must set out the grounds for the appeal. (3) After considering the grounds of appeal and the chief executive 05cer.s reasons
for the decision. the board must as soon as practicable— (a) confirm, set aside or vary the decision: or 35 (b) substitute any other decision for the decision of the chief executive officer.
Appeal to Minister against board’s decision
4s. ( I ) Any person adversely affected by a decision of the board. either in terms of section 44(3) or in the exercise of any power in terms of this Act. may appeal against that decision to the Minister. 40
(2) Such appeal must— (a) be lodged within 60 days from the date on which the decision was made
known by the board or such later date as the Minister permits: and (b) set out the grounds for the appeal.
(3) After considerin& the grounds of appeal and the boards reasons for the decision. 45 the Minister must as soon as practicable—
(a) confirm, set aside or Yary the decision: or (b) substitute any other decision for the decision of the board.
(). 47.1999 NA~ONAI X1’CI.EAR REG(”l..AT0R ACT. 19YY
Reproduction of documenb by Regulator
53. ( 1 ) The Re&ulator may— (u) reproduce or cause to be reproduced documents in its possession or under its
control by— (i) microfilming: 5
(iij electronic means: or (iii) any other process which in its opinion reproduces such a documen[ in a
durable and accurate manner; and (b) keep or cause to be kept the reproduction instead of the original document in
question. 10 (2) For the purposes of this Act—
(a) any reproduction referred to in subsection (1) is regarded to be the relevant original document: and
(b) a copy obtained by means of that reproduction and certified by the chief executive officer or an officer authorised by the chief executive officer as a true 15 copy,
is pri~71a.facie evidence of the contents of tbe original document in any court of law. any tribunal or a commission of inquiry.
Partial repeal of Act 131 of 1993, and savings
54. (1) The following provisions of the Nuclear Energy Act, 1993 (Act No. 131 of 20 1993), are hereby repealed:
(a) Chapters V and VI; (b) section 1, in so far as it relates to anything in any of these Chapters; and (c) the provisions of Chapter VII, in so far as they relate to the Council for
Nuclear Safety. 25 (2) On the specified date anything done before such date in terms of any provision of
the previous Act repealed by subsection (1), and which could be done in terms of this Act, is regarded to have been done in terms of this Act. except where otherwise provided in this Act.
Legal succession to Council for Nuclear Safety 30
55, (1) The Regulator is substituted for the Council for Nuclear Safety in any contract or agreement entered into by the latter before the specified date. if the contract or agreement—
(a) relates to any matter which, on the specified date. falls within the Regulators competence in terms of this Act: and 35
(b) has not yet expired or any obligation thereunder has not been fulfilled. whichever is applicable.
(2) From the specified date. the Regulator— (a) is responsible for all projects and work which had been commenced by the
Council for Nuclear Safety before that date in terms of the previous Act— 40 (i) with regard to matters which, on tbe specified date. fall within the
Regulators functions in terms of this Act: and (ii) which. on the specified date, have not been completed: and
(b) is competent to continue with any project and work and to carry out those projects and that work or to have them carried out subject t~ 4j (i) the provisions of this Act: and
(ii) any contract or agreement, contemplated in subsection (1), relating to the execution of the projects or the performance of the work by the other contracting party.
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