ML20212H047
| ML20212H047 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Sibiya G SOUTH AFRICA, REPUBLIC OF |
| Shared Package | |
| ML20212H054 | List: |
| References | |
| NUDOCS 9711100024 | |
| Download: ML20212H047 (58) | |
Text
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UNITED STATES b
NUCLEAR REGULATORY COMMISSION gg-g
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l October 29, 1997 CHAMAN l
Dr. Gordon Siblya Deputy Director General (Energy)
Department of Minerals and Energy Private Bag X5g
' Pretoria 0001 Republic of South Africa
Dear Dr. Siblya:
In response to your letter of August 11,1997, I am pleased to send you the enclosed comments on the draft South African Nuclear Safety Act and Nuclear Energy Act that you sent to the Nuclear Regulatory Commission (NRC) for review The comments were prepared by staff of NRC's Office of General Counsel. The staff finds the proposed Nuclear Safety Act to be comprehensive and complete by including all functions that a responsible nuclear regulatory agency should possess. For the Nuclear Energy Act, the staff identifies the absence of technology transfer provisions and a number of additionalitems for further consideration by the Department.
I hope you find these comments helpful as you pursue this critical activity associated with the safe and secure use of nuclear energy in South Africa.
Sincerely, b
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Enclosure:
As stated
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b 9711100024 971029 PDR COMMS NRCC CORRESPONDENCE PDR N@
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The Office of the General Counsel, Nuclear Regulatory Commission, has reviewed the draft Nuclear Safety Act and the Nuclear Energy Act and offers the following comments:
l.
NUCLEAFLSAFETY ACI As general matter, we found that the proposed Nuclear Safety Act provides the Nuclear Safety Authority with basic powers essential to tl.e effective regulation of nuclear activities. The Act would give the Nuclear Safety Authority (as well as its executive body, the Council for Nuclear Safety) with the authority to issue standards (see 997 and 9), grant licenses (i.e., authorizations) (see 922), impose license conditions (see 922)(4)(11)), conduct inspections (see 941), and take enforcement action for violations of the Authority's legal requirements (see 9 37. Revocation and 9 53 - Offences and Penalties).
11.
NUCLEAR ENERGY ACT
- 1. The draft legislation does not address technology transfers or subsequent arrangements. In the United States, section 57b. of the Atomic Energy Act bars export of certain nuclear technology unless authorization to do so has been received from the Department of Energy. The Department of Energy's implementing regulations are found in 10 Code of Federal Regulations Part 810. In addition, the United States retains certain controls over materials after they have been exported to another nation. For example, material cannot be retransferred to a third nation without prior U.S. approval. Our law governing so called
- subsequent arrangements"is found in sedion 131 of the Atomic Energy Act.
- 2. Chapter 11 (6.) describes in great detail the functions of the Atomic Energy Corporation of South Africa, Limited (AEC). We found no provision which would authorize the AEC to perform functions other than those specifically listed. You might consider drafting the
'egislation in a manner that gives the AEC the authority to perform other functions should South Africa's international obligations be altered, for example, by lAEA actions or South Africa ratification of new international nuclear treaties, conventions or agreements.
- 3. Chapter ll 8.(9) and 13. (2) suggest that there may be several ex officio members of the AEC Board of Directors. The only ex officio member mentioned in the draft though is the chief executive officer of the AEC (Chapter 118. (2)(c). If there are to be otherex officio members of the Board, this should be addressed in the legislation.
- 4. Chapter ll 9.(1) does not specify a minimum number of board meetings per year.
You may wish to include such a provision.
5, Chapter 11120. describes the intemational safeguard responsibilities of the Council for Nuclear Safety. Again, this list is quite prescriptive and you may wish to give the body the authority to perform other functions, as appropriate. See comment 2 above.
- 6. Chapter ill 20. (4) provides that "allinformation" provided to any person under this Chapter shall be treated as confidential. You may wish to consider whether this is appropriate, or whether routine safeguards-related information should be made available to the public.
In the United States nordsensitive, generic safeguards information is routinely made available to the public, as is some plant specific safeguards information..
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1 7, Chapter V 38, addresses sanctions for violation of the Act. While a maximum prison term is specified, it does not spe:ify a maumum fine. You may wish to consider whether it is appropriate to specify the maximum amount of a fine in the statute.
i
- 8. Chapter V 41 (2) addresses disclosure of certain information. It authorizca disclosure as required by "any other law". If this does not encompass disclosure pursuant to a court order, or upon request by the legislature or its committees, you may wish to authorize disclosure to such entitles.
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UNITED STATES NUCLEAR REGULATORY COMMISSION g-WASHINGTON. o.C.10h0001 October 29, 1997 CHAIRMAN 4
l Dr. Gordon Siblya Deputy Director General (Energy)
Department of Minerals and Energy Private Bag X59 Pretoria 0001 Republic of South Africa
Dear Dr. Siblya:
In response to your letter of August 11,1997, I am pleased to send you the enclosed comments on the dran South African Nuclear Safety Act and Nuclear Energy Act that you sent to the Nuclear Regulatory Commission (NRC) for review. The comments were prepared by staff of NRC's Office of General Counsel. The staff finds the proposed Nuclear Safety Act to be comprehensive and complete by including all functions that a responsible nuclear regulatory agency should possess. For the Nuclear Energy Act, the staff identifies the l
absence of technology transfer provisions and a number of additionalitems for further consideration by the Department.
I hope you find these comments helpful aa you pursue this entical activity associated with the safe and secure use of nuclear energy in South Africa.
Sincerely.
Originalsigned by ShirleyAnnJackson l
Enclosure:
As stated Originating Office: OlP SAJ - Approved Ref: CR-97-195 GJD - Approved Commission Correspondence NJD - Approved EXM - Approved OFC SECY OCM
/$fOCM NAME DMossburg fAr.9p DATE 10/23/97
//h9/' 97 OFFICIAL RECORD COPY
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enrrn NUCLEAR SAFETY ACT NO. OF 1997
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ACT To provide for the regulation of nuclear activities, radiation safety, radiation protect.on, radioactive waste and the transportation of radioactive material through the establishment of a National Nuclear Safety Authority and to provide for matters connected therewith.
CONTENTS Sections Chapter I Introduction.
13 Chapter 11 National Nuclear Safety Authority.
4 20 Chapter li!Nuc!e,r Authorisation..
21 - 29 Chapter IVGeneral 1.0 54 Schedule 1 Schedule 2 CHAPTER 1 INTRODt/CTION 1.
Definitions. In this Act, t.nless the context otherwise indicates -
2.
Notlees. Th Deputy President may gise notice as required by the provisions of this Act by r ublishing the notice in the Gazette.
3.
Application of this Act. -(1)The provisions of this Act apply to-(a) the siting, construction, use and decommissioning of any
. nuclear installatica; radioactive waste management and disposal facility; e
irradiated nuclear fuel storage facility; or e
radioactive ore mining or processing facility; e
(b) any activity which invok es radioactive material or which results in the exposure of perrons, property or the environment to ionising radiation, which is capable of causing nuclear damage;
(c) sessels propelled by nuclear power or hasin; radoacthe material on board which is capable of caving nuclear damage.
i (d) ancillary matters re42:ing to nuclear, radiation, radioacthe and radioactis e ua.ete I
safet) and the safe tramport of radioacthe material.
C) Subject to the prosisions ofiec::en l(tha)(ii) of this Act and sectier 2S of the Nuclear
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Energy Act ( Act No 01 of la9.h as amended, the provisions of the Act shall not apply to:
1 (i) radioacth e material with a speci6c acthity and a total actkity below the levels determined by the CNS and of which notice has been given in terms of section 2.
(ii) radioactive material or activities determined by the CNS not to be amenable to regulatory control and of which notice has been given in terms of tection 2 excluding the radioactive material er actisity from the provisions of the Act; (iii-radioacth e nn:erial which falls within the definition of Group IV hazardous sabstances as denned in section I of he Hazardous Substances Act.19D t Act t
Na 15 of 1973 ). as amended; or m4 es posure to ion. sing laJia:icn emitted from c.;uipment. not situ 'ed on a nudear aall;nian. which n Yned as Group 111 hazardous subcancn m erms c:
- Ioft Ha n
- subences Ae
- 19~3 i Act No 15 ef F 3), as i
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e.ad:3 CHAPTER 11 NATIONAL NUCLEAR SAFETY AUTHORITY 1.
Establishment of the National Nuclear Safety Authority. The National Nuclear Safety Authority is hereby estabhshed which comprises the Council fer Nudear Safety, appointed in terms of section 6 and the OtSce of Nuclear Regulation established in terms c:
section S.
5.
Objects of NNSA. The objec: of the NSSA are ta preside for the safeguarding of persons, proper:y and the environmert against nuclear damage through the establishment of safety standards and regulatory practices, the exercising of regulatory control over the siting, design, manufacture of component e
parts, construction, operation and decommissioning of nuclear installations, waste management facilities, spent fuci storage facilities, mining and processing of radioactice matetta!s and other at:hities involving radioactis c :naterial or exposure to ionising radiation, through nuclear au:horisation, notitication er exemptiorn the fulti! ment of national obi!;anons m respect ofin:emationallegalins:rumems ceneerning nuclear safe:v, radia:!an pro:ection, radioacthe waste management and :ne
!:ansport c: radioaci i e ma'.Jdai. and national nudear emer; enc ~ plan.ing
& 6 1., s.
6.
Appointment, composition and functioning of the Council for Nuclear Safety -(l) l' The Deputy President must, after consultation with the chief execut'se officer, appoint a i
council known as the Council for Nuclear Safety.
(2)'The council must co!nprise a chairman, a vice chairman seven other members and the -
chief executive of6cer, a of/icio.
(3) At least four of the appointed members of the CS5 must base a good ba kground knowledge of technicalissues associated with the activities of the NNSA.
j (4) The functioning of the CSS must be perfomned in terms of the prosisions contained in schedule 1 i
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7.
Powcrs and functions of the CNS For the purpase of achiesing the objects of the NNS A. the CNS may, subject to the provisions of this Act and in addition to any other peuers granted and functions assigned to it under any other prosisions thereof.
-(i) approve safety standards; (ii) ratify regula'ory practi:es (hh ensure the proper run:tidn; eithe ONR.
th) eensider representations in respe:t of certain applications for new nuclear authorisations, in the manner as prescribed; (v;L delegate such c fits powers ta the chief esecutive officer for the issue nuclear authorisationsi tvo hear appeals; (vii) determine fees to be le.ied by the NSSA;-
(viii) advise the Deputy President en any matters associated with this A:t. or with any activity or circumstances which,in the opinion of the CNS,is capable of causing nuclear damage. er any matter referred to it by the Deputy President.
S,-
Establishment of the ONR There is hereby established the Of6:e for Suelea:
Regulation-9.
-Powers and functions of the ONR. For the purpose of achieving the objects of the SNSA and subject to the provisions of this Act, the OSR; (a). must make recommendations to the CSS on nuclear safety standards and regulatory practices in respect of nuclear radiation and radioactive waste safety, and the safe transport of radioactise materiah must advise the CSS on policy in tespect of nuclear, tadiat.on and radieactive was e safety, the safe transport of radio active material. fees to ' e levied, and any cther c
issues associated with nucle 1: regulaGon:
a, ; -
6-(b).
- must evaluate the safety of activities which are subject to this Act; must establish conditions and requirements of nuclear authorisations; must establish programmes to assure the implementation and compliance with conditions and requirements of nuclear authorisations; must accept or teject notifications; may attest to the competence of persons or suppliers of certain services necessary to enable holders of nuclear authorisations to comply w;th the requirements of the hWSA; (c)- must ensure the establishment of the necessary arrangements and plans to control and mitigate the effects of a nuclear accident and to advise government in he event of emergencies arising from such nuclear accident; (d)- must generally promote a culture of nuclear safety; (e)- must act a, national competent authority for any purpose in connection hith the IAEA Regutaaens for the Safe Transpon of Radioactive Material; may liaise with international bodie< !r. all areas of nuclear safety; must ensure the fulfilment of national obligations in respect of treaties, conventions and any other internationallegal instrument regarding nuclear, radiation or radioactive waste safety and the safe transport of radioactive material or radioactive waste.
(f)- may collaborate with any othei body or institutien for the purpose of promoting or achieving the objects of the ONR; may establish and control facilities for the collection and dissemination of scientific and technical information in connection with any matter regarding nuclear safety falling within the purview of the objects of the NNSA; -
may collaborate with any educational, scientific or other body or institution in connection with the provision ofinstruction for, or the training of, persons required by it; must ensure the dissemination ofinformation and provision of education on matters of nuclear safetyt
+ - may apply for, purchase or acquire patents,licences, concessions, manufacturing rights or other similar rights which grant authority to utilise techrologies, know how, i
information or processes, r.nd may vte, exercise or develop such rights, concessions.
i -
-know how, pracesses, technoloi.es or information so acquired for the purpose of achleeing the objects cf the NNSA; I
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(g). may hire, purchase or a: quire mesable propeny; sell or dispose of propeny sa acquireJ; may rent immosable propeny.
may, with the prier approval of the Deputy President, granted with the concurrence of the Minister of Finance, purchase or acquire, seil, burden or by any other mer.ns i
L dispose ofimmos able properts may insure against any loss, damage, risk or liability which the NNSA may suffer er incur; 1
nuy conclude contracts, enter into agreements, or perform any act. whether in the Republic or elsewhere, towards the achievement ofits objects or which the Deputy President may from time to time determine; must manage ans existing pension or prosident funds established by the Council for Nuclear Safety referred to m section 33 of the Nuclear Energy Act (Act No 131 of 1093) or may wah the consent of the Deputy President and the concur:ence of the Minister of Finance institute alternath e pension er provident funds for the employee si the NNS A;
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.ay lit. gate in arc..o.r.petent ecun oflaw:
may proside, on the conditions whi:h it deems 6t. Anancial or other assistance in
- ennection with the training to persons which may,in its opinion be necessary in order to ensure that a suf0:!:nt number of trained persons will be as aiiable to enab;e the ONR to perform its f.metions; must perform any other act or carry out any other function in order to ensure that the 4
objects of the NSSA are a:hieud;or may carri out any cther powers granted and functions assigned to it under any oder provisions of the Act.
- 10. Management and control of the ONR. The performance of the functions, exercise of the powers and managemect and control of the affairs of the OSR shall be carried out by a management beard which sha;l be appointed by the chief executive of0cer.
- 11. Chief esecuth e of0cer of the NNSA,-(1)The Deputy President must appoint the chief executive of0cer of the NNS A in consultation with the CSS.
Q)The chief e.secutive of0cer must be the chairman of the management board of the OSR.
03The chief executi,e oi0cer is respensible for; ti) providing the surron sen;ees necessrv for the effe:th e functioning of me CNS;
(ii) reporting to the CNS on the proper perfonnance and functioning of the ONR; (iii) issuing nuclear authorisations, subject to the provisions of section 22(4)(ii),
and certi6tates of exemption (iv) receising noti 6eations as contemplated in section 2.h (v) advising the Deputy President on n.atters concerning nuclear and radiation safety, the safe management of radioactise waste, the safe transport of radioactive material and the regulation tnereof.
(4)The chief executive officer is the accounting of6cer of the NNS A charged with the responsioility of accounting for all money received and payments made.
(5)The chief executise of6cer must exercise all the powers and perform all the functions granted or entrusted to the accounting cf6cer by this Act, the Reporting by Public Entities Act,1992 (Act No 93 of 1992L any other law. or by the CNS or the Deputy President.
-(6)lf the chief executive of6cer is for an) reason unable to perform any of the functions herein. the chief executive of6cer must appoir.. an employee of the ONR m act as chief executive of6cer until the chief executae of6cer is able to resume these functicns.
(7)lf she chief executise of6cer is unable to appoint an employ ee to et as chief executive of6cer as contempiated in subsection (6). for whatever reason or where there is a vacar.cy in the of6ce of the chief executive of6cer. the chairman of the CNS must designate an employee of the ONR to act as chief executis e officer until the chief executive ef6cer !s able to tesume those functions or until a chief executive officer is appointed in tenns of subsection (1),
(S)An acting chief executive of6cer has all the coners and must perform all the functions of the chief executive of6cer.
12, Delegation of f.ou ers and assignment of functions. -(1) The chief executive of6cer may delegate,in writing, any power conferred on him, or assign the performance of any
. function entrusted to him under section 1i except for the performance of the functions provided for in section 11.0)(iii).
(2)A delegation or assignment under subsection (1)' ay be made subject to any m
conditions and restrictions, and may be withdrawn or amended at any time.
(3)The delegation does not present the exercise of that power or the performance of that function by the chief executive of6eer and the chief executive officer may, subject to the provisions of subrectior,(4h amend er withdraw any decision made in the exercise of such delegt.ted powers or performance of such assigned functions.
t (4) A decision mMe in the exerr' e or performan:e of any power or function delegated or assign 6d under subsection (1) and whi,:h confers a right upon any persaa. must be deemed to hae been an act of the chief executise of0cer.
t $)Where a power or function is delegated er assigned under subsection (1) to the holder of an of6ce, such delegation er assignment must be deemed to have been made to the holder of th. of5ce or to any person aetmg in the capa:its ei the holder ef that ofnee.
13.
Emplo>ces of the SNSA. The chief executise of6;er may appomt such employees as he may deem necessary to achiese the objects of the NSSA, on ine conditions as determined by the management board.
(2)At 1 person sersiit; as an emmayee of the Council for Suelear Safety immediately prior to the commencement of this Act and who was appointed, or was deemed to have beer appointed, as such in terms of se: tion 45 C) of the Nuclear Energy Act (Act No.131 of 1993) is deemed to have been appoir,ted as an employee of NSS A in terms of subsection (D of this section from the date of his a, pointment in terms of the Nuclear Energy Act.nd on the conditions applicable to him immediateiy prict to the ecmmencement of this Act.
l 14.
Remuneration and allow ances - tli The NSSA must pay t3 its cauncil member.- e.t c: ns own funds the atiewe.res. suhdies ar.d ether 'reneSts at 9: Depaty Pres! der' -
d:re t.
(2)The SNSA must pas ta its employ ees, cut of its own funds. the salaries, allowan;es, subsid.es and other benents as the management board may determine in accordance with a system established for that purpose from time to time c) the OSR and approved by the Deputy President.
15.
Establishment of the Standing Advisory Committee On Radiation Safety The CSS must establish an advisory body to be known as the Standing Advisory Comm" tee On Radiation Safety.
16,. Objects of the SACORS.- The object of the SACORS is to provide a formal forum fer communication between the CSS and interested and affected panies en issues relating to the regulauy comrol oser nuclear and radianon sa:ety, the safe management of radioactive wane and the safe transpon cf radioactive material 17, Functions of the SACORS. The SACORS may, subject to the provisions of this Act and in addition to any other functiens assigned to it under any other prosision of this Act, for the purmse of achieving its object-(a) deliberate and make represemations to the CSS on any ksue associated with the regulation of nuclear and radiation safety, the safe management of radioactive waste and the safe transpen of radioactis e materiah ibi make reccmmendatiens' *er*esentatior.s c-r repen on any maner referred ta it H 'he CSS.
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i 1
e IS.
Compmition and mana:cment of S \\ CURS,411 The CNS must ea!! for nominations for
- appointment.>nd appoint ne: nure than twen"c members la the SACORS who shall represen j
the folloamg Fedies in e.;aal aders-
'at h s'.ders ef nucle'ar autherizan.w
)
6 reg:s:ered : tad: nA 'i
- a3 nwmrers
- nr:0>ees cf in: holders ai nuetear autaens.inent.
ici m:erested and affte:ed preiess:enal soe!eties and pubhe interut groups; 1
(d)
Deranments af S:a:e wh::h 't: designated by the Deputy Presidem as having an imerest in er are affe :ed by the regulation Of nuclear and radiation safety. the safe ra magement of radiaae:i,e waste and the safe transpen of radioactise ma:eriat t
t.
,D T? r, neuens af We S ACORS shall be m.naged in terms of:he presis!ons ef Saheda:e t
19.
Committees of the CNS. The CS5 m
- es:aHish sud ecm: vees a n ::av a odc+
e::naL :, as su' a n ' :; :':: an::
- :::cns. rd ma:, 27pv : u r::,aber,
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l'unds of the NNM - < ! E.e * " ',
NNS A ma:. co.:.: : -
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men;es spr:0;nated by Par!! ament; and e
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c.wnies :eeci.ed fror. an'. o:her source.
QThe funds of the SSSA mu : he u:ilised by the CSS and the ONR, within me>
constraints of their budgets,ict se defrayal of the expenses incurred by Mem in the performance of their restee:is e :un:tions under $is Act. Money er ether goods dona:ea er bequead:d :o the NNSA mu : be ut!hsed in ::cordan e with me ecndaions of the dena: en or beauest. i r' 1
w : ne chief ese:utive of6cer must open an account in ts.e name a: te.,,c., A wt:n an
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.m institunon registered as a bank in terms of the Banks Act.1990 ( A:t No N of 1990), and mus:
eposit m the account a,.1 money re:eise., in terms of,tms se:tton.
9)The chief exe,:utive of:icer may invest. cn behalf of the NSS A any money re: cited in terms of subse:ue:n 41; which is ne: required for immediate use, wim de Public in es:mem Ccmmisswners or. with n.e approval of de CSS. with su:h emer institutans as the Depu:;
President may determine.
if The NS5A ma: use m:ern; acm ed nem ee iv.estment =a defray exper 'es m earnee* Jr a!d :.0 f e?!.*ma". 0 Of ! U r;".0: "s aftheI.S5 2nd U.e O N S.
(6)The NSSA may with the approval of the Deputy President authorise the establishment of reserse funds and the depos' ting of any amounts therein as the Deputy i
Pres! dent may deem t cessarv er euedient.
l t,
1 (7)ln each Onancial > ar and at such cther times as the Deputy President determines, the chief executise of0cer rnust submit a statement.as approsed by the CNS, of the e<timated income and expenditure aithe NNS A for the following Snancial > ear. to tne
[
Deputy President for apptosal l
(8)The chief executis e of0cer must comply as required, with the provisiens of the Reporting by Public Entities Act 1992 (Act No. 93 of 199dt i
(9)The Snancial > ear of the NNS A ends on,1) h! arch in each year.
t (10)W nternal auditing of the NNSA must bc conducted by the Auditor-General.
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CHAPTER !!!.
6 6
NUCLEAR AUTHORIS AT 0N.
s l
21.
Restriction on certam aetisities."1; % persen ma>.
i site, design. censtruct, epeu:: cr de.ommission a nuchar installatieni site, design, constru:t, op-ute ar de :ommission a radioac.h e waste disposal facility, i
site, design. constrw. opera:t a de:ommi.,sion an irradiated nuclear fuel storage fa:ility; mine radioactive ore:
site, design; cons ruct, cpeate or deccmmission a facility for the processing c' radica:tive ore or t..inerals,
- dispose of radioactis e waste; I
in any manner use. possess, produce, store, c.uich, proce:s reproce,s. convey or cause to be conveyed or dispose of radioactive mater al; or i
carry out any other activky which involves radioactive material or which may result in t e exposure of person' t lionising radiation and which may resuit in nu:! ear damage, h
unless he is in pcasession of a nuclear laence or a certincate of registration or a certi6cate of i
cxemption issued to him in terms of section 22. or has gisen noti 0catit n as required in terms af section 23.
j (2) - So vessel which is propelled by nuclear fuel or which has on board any radioacute material described in a notice given in temis of section 2, may arahor or sojoum m the territoriaf waters or emer any port of the Republic, unless a nuclear authorisation l
' has been issued for that pur,ese.
Applicat(on for nuelcar authorisation.. i h Any person wishing to engap in ar. activity 12.
a rtricted by the provisions of sectien 21 and in respect of which the prosisions of secticn 5 cre n.-
4 I
not applicable, must apply to the chief executive of6cer for a nuclear authorisation, and must fumish such information as may be requ;ted, j
i (2)The chief executise of6cer must direct the applicant for a nuclear authorisation in j
respect of a nuclear installaticrn, waste disposal facility, irradiated nuclear fuel storage faci'ity or j
any other application that the CNS determines, to.
l t
ser e a copy of the application upon such local authorities and any other body or i
j person whom the chief executive of6cer may determine; and i
publish a copy of the applica.,on in the Gazette and for not less than two consecutive l
days in at least two newspapers circulated in the area in which the proposed activity.
is to take place, 0)(a) Any person who is directly affected by the granting of the application may make representations to the CSS, relating to health, safety and environmental issues connected with the application, within 30 days of the date of the last p Sliestion referred to m subsection (2).
'51f the CNS is of the r pinien that funhet public debate is n:cessary,it may arran;c for such hearings as <t ma>' determine and which must be restricted to mrten c:
health and safety and the ensimnment (1)The chief esecutise of6:er may, fo!!owing consideration of the appheation by the NNSA-(i) refuse the granting of a nuclear authorisation and provide the applicant with the grounds for such tefusalin writing; or (ii) subje:t to the authority of the CNS, grant a nuclear licence to the applicant upcn such terms and conditions as he deems necessar<; or (iii) issue a ceni6cate of registration, where the ONR is of the opinion that the potemial for nuclear damage arising from the radioactive material or the activity in question can be effectisely regulated by a prescribed set of conditionst or (iv) issue a certi6cate of exemption.
- 23. Notification of certain activities,. (1) No nuclear authorisation is required in respect of any radioactive material or activity which involves such radioactive material or which can result in the exposure to ionising radiation, of which the Deputy President has given notice in terms of section 2.
C)So person may possess radioactive material or car:y out an activity which involves such radioactive material or which can result in the exposure to ionising radiation, witncut having given prior wTinen noti 6catien. In the required format, to the chief executise oftker a:
his intention to possess sucn material or to ear:y out such activity,
o, v (3)The chief executhe of6cer may, et any time, require a pc son carrying out an activity i
contemplated in section (1) to apply for nuclear authorisation, 24.
Exemption of certain nuclear material and activities.-(1)The chief executise of6cer may issue a certificate of exemption in respect of any radioactive moterial or the performance of any activity which insches any radioactive material or which may resuh in exposure to ionising radiation if he is satisfied that the risk of nuclear damage associated with the material or the activity or the s essel is below the les els, as prescribed, for regult. tory concem.
(2)The provisions of the Act does not apply to any radioactise material or activity which has been exempted as contemplated in subsection (1),
(3)Notwithstanding the provisions of subsection (2), the chief executive of6Let may withdraw a certificate of exemption at any time.
25.
Disquall0 cation from obtaining nuclear authorisation.- (1) No person may be ksued with a nuclear authorisation if such person.
1 til does not have legal capaci*y; tin is an unrehabilitated insch ent; tiin is not a 50uh African citizen pemianently resident in the Republic; has been comicted of a criminal offence of which dishonesty is an element and a og sentence ofimprisomnent other than a suspen:'ed sentence.without the option of a fine has been imposed; n) is an employee of the NSSA or is a m mber of the CSS.
(2)
No juristic body may be issued with a nuclear authorisation -
(i) if such body is registered outside the Repub ic; (ii) if such body or any director or of6cer of such body has been convicted of a criminal offence of which dishonesty is an element and a sentence of imprisonment without the option of a fine has been imposed; or (iii) if such body or any director or of5cer of such body is employed by the NNSA in any manner.
26.
Conditions relating to nuclear authorisation.-(l)The chief executis e of6cer may l
impose any conditions in a nuclear authorisation which he may deem necessary to ensure compliance with the safety standards determined by the CNS for the purpose of safeguarding persons, propeny and the environment against nuclear damage.
l (2) The chief executive officer may at any time amend, delete or insert any condition contained in a nuclear authorisation,
- 0) The chief executive of6cer may establish standard conditions which may be prescribed I
for certain nuclear authorisatiens.
9; The CSS may direct the chief executive ofscer to amend or remove existing conditions contained in. or introduce additional conditions into a nuclear authorisation.
I
t 03, I
i (5) The chief es ecutise officer may impose such conditions in respect of the i
decommissioning and closure of any fa;ility er site which is subject to a nuclear authorisatien l
as he may deem necessary for the purpose of nfeguarding persons and property ag inst in. dear damage.
(o) The chief esecuthe of: leer may impose such ccnditions as he may deem necessary to f
emure that the holder of a nu: lear authensation will have sufficient funds, upon tennination of i
the activity in question. to rehabilitate the site where possible, or provide for the effecth e control
[
over the site and compliance with any condition as determined by the chief executive ofticer in terms of section 37(3) r 26A..
Special conditions relating to authorisation of sessels. d: A nuclear authorisati n as contemplated in secuon Ol(2) may contain -
(a) conditions relating to ti) liability for nuclear damage whieh may detennine, hmit or preclude hability, notwithstanding any prmisions to the contrary on any law r ra.:
or iii) security for nuclear damage and the manner of;te.In; the securir ai j
de:e mined bv the Deputy President; h
any othei conditans as :he eniciex::utive ofticer may d:em necessary to enn.re compliance with de safety standards determined by the CNS for the purpose c:
safeguarding persons, property and 2e ensironment against nuclear damage:
ic) the appropriate terms of any agreement between the Gotemment of the Republic and the government of,he country in which the vessel in question is registered where such a *.estc! is registered outside the Rept.blic.
l (2) Any provision included in an agreement referred to in subsectien (1)(c) which could be prescribed or imposed by the chief executive officer undet subsection (1)(a) or (1)(b) as a condition of a nuclear authorisation. must be deemed to be a condition of that nuclear authorisation, ifit is not e':pressly embodied in the relevant nuclear authorisation as a conditiet thereof.
(3) Subject to the terms of any agreement referred to in subsection (1)(c), the chief executive officer may at any time amend or rescind any cendition imposed by the chief executive officer ur der this section.
(4) A nuclear authorisation refened :o in re:tien 2)(2)is valid for such period as is determined by the chief executive officer, and may from tir.e to time be renewed or extended for any further period.
15)The holder of a nuclear authonsation referred to in section 21Q will not, sol'ly because of the expirv of such a acelear autnerisanen. be relies ed ofliat!!ity for nuclear dama;e resulting from anything which cceurred er which vas done or emitted dunn; 2e ennenev c: me nuclear authorisation.
0
1....
l' (6) In so far as it may be necessary in order to give effect to any condition of the nuclear authorisation or to any provision of the agreement, a harboar authority may waive compliance with any regulation made for tha control and management of harbours under any Act of Parliament.
(7)
The chief executive officer must exercise tha power conferred upon him by this section subject to the directions cetermined by the Deputy President from time to time.
i i
- 27. Non transferability of nuclear authorhation. No nuclear authorisation may be transferred.
- 28. Display of copics of conditions of authorisation. Any person who has been granted a nuclear authorisation must, at all times, display copies of such authorisation at such places, in the languages and in the format as may be directed by the chief executive officer.
- 29. Securhy by holders of nuclear authorisations in respect ofliability for nuclear damage.-(l) The Deputy President must, after consideration cf the recommendations from the chief executive ofticer, categorise the various nuclear installations, facilities and other activities involving radioactive material based on the risk of nuclear damage and determine the amount of security to bc provided by the holders of nuclear authorisations in respect of each of those categories, and the manner in which such security is to be provided,in order for the hvider of a nuclear authorisation to fulfil any obligation which may be incurred in terms of the provisions of section 31. The Deputy President mmt give notice of the quantum of and the manner in which security is to be provided in terms or section 2.
(2) Notwithstanding the prosisions of subsection (1) the Deputy President may, ' i consultation with the CNS, for so long as the holder of a nuclear authorisation may be,iable for nuclear dan' age-increase or decrease the amount of security to be provided by the holder of such authorisation; or require a holder of a nuclear authorisation to provide tecurity, even though security was not previously required; or discharge the applicant for, or holder of a nuclear authorisation from the requirement to provide security; or alter the manner in which an applicant for or the holder of a nuclear authorisation is to provide the security.
(3)If a nuclear accident or a nuclear incident occurs and ecmpensation is claimed as a result thereof, or if the Deputy Ptesident is satisfied that compensation will be claimed, he may require the holder of the nuclear authorisation in question to give additional security in respect of those claims or possible claims,in an amount which the Deputy President determines, in consultation with CSS and the ONR,
l e,.
(4) Notwithstanding any other provision contained in this section the holder of a nuclear authorisation must demonstrate to the CNS, when requested, but at least annually, that he has the means to rneet claimt, for cornpensation in an amount as contemplated in section 31(2).
. (5) The Deputy President may require any person who has carried out or is carrying out an activity which is restricted in terms of.ne provisions of section 21 without the necessa )
nuclear authonsation, to provide securi*" in such amount as he may determine, after consideration of the recommendations of the CNS.
CHAPTER IV GENERAL I
- 30. Safety standards and regulatory peacuces>(1) The CNS must, after considering the
= recommendations from the ONR and representations from the SACORS, establish standards anJ regulatory practices relating to nuclear and radiation safety, the safe transportof radiomiw I
material and the safe management of all radioactive waste.
(L The standards and regulater> practices shall be applicable from the date that th, Deputy President gives notice o thereofin terms of the provisions of section 2.
r (3) The CNS may review and amend the nuclear safety standards and regulatory practices from time to time er when requested to do so by either tb ONR or the SACORS.
(4) Any review of the safety standards ne regulatory pracuees must be carried out as provided forin subsections (1),(2)and(3).
(5)The safety stanuards and regulatory practices applied by the Council for Suelear Safety referred to in of section 33 of the Nuclear Energy Act (Aet No 131 of 1993) immediately prior to the commencement of this Act shall remain applicable until new safety standards and regulatory practices become applicable in terms of subsection (3).
- 31. Liability of certain persons in respect of nuclear damage.. (1) Any holder of a nuclear authorisation referred to in section 22 or any person carrying out an activity in accordance with the provisions of section 23 ir subject to the provisions of subsection (2),
liable for all nuclear damage caused by or resulting from the radioactive material or the activity referred to in the nuclear authorisation or notification, during the holders period of responsibility.
(a) in the case of a nuclear authorisation relating to a nuclear installation-b) anything being present or which is done at or in &e nuclear installatien or by any radioactive material or material contaminated with radioactiv;ty
---,i.-.
l which bu been discharpJ cr released,in whatever form, from the nuclear installatiam or til: by any radioactise material or rm rial centaminated with radioactivity
\\
which is shbject to a nu: lear autnerisation, while in the possession or under the comrol of the ho!Jer of the nuelca a*.thorisation during th corweyance thereof off the cue: ear installation, to any other place in the Republic or in j
the 9tritorial waters of the Republic from er to any,. ace in or cuiside of the Rept.blic to er from any other place in or outside of the Republic. Such -
liability terminates upon such material coming onto another licensed site er
[
onto a site or into the possession of any person holding an authorisation Issued by the Department of Health in terms of the Hazardous Eubstances Act,1973 (Act No.15 ef 1973), as amended
-(b) in the ease of a nuclear authorisation relating to any other a:ti.ity resujeted in terms of section :1 or a noti 6:ation.eferred to in section 3 b..
any radica:tise material or matenal contaminated with radioa:tivity. or as a m
resuh ef the performance et carryin; out of an" activity in connection wie anv radios::ive material er materiai ont =inated with radioactisit), in ir e viseda c ur. der the comrol of the holder ef the nue':ar autherisat;er,, -
7erson pvm; noifaa h in terms eithe pr3 visions ciee: tion 2h ct any radioactb: waste which has been te.eaced or dis:narged frem the sit
~.
E.ii
- the a:eumulation of a radiation dere arising from the performance of any restricted nu: lear activity; or o
ovi any radioa:tive material or material contaminated with ra.uoactivity,2hich is subject to a r.uclear authorisatien or a notin:ation, while in the possession or under the control of the holder of the nuclear authorisation or person giving noti 6 cation in terms of the provisions of section 3,in the course of the conveyance thereof, off the site, to or from any other place in the j
Republic cr in the territorial waters of the Republic. Su:h liability terminates upon the material coming onto another site.
(2) The liability for nuclear damage by any holder of a nuclear authorisation or a pers:n giving notification in terms of the provisions of section 5 is limited, for each accident.
incident or occurrence, to the amounts as determined, by the Deputy President,in consultation with the CSS and for which notice has been gis en in terms of section 1 l
l
- 0) For the purposes of subsection (1) radioactne material or material contaminated
- with radioactivity which is being conveyed on behalf of the holder of a nuclear authorisatien or person gising neti6eation in terms of the provisions of section 23 must be deem-d to Se M
(
the possession and under the control of the holder of the r.ue car authoricaden er person giving noti 6catien in terms of the pras!., ions of;e: tion 23 4-2 (6(a) Subje:t to the pro.isiens of subsection (f1. no per:en other than the ho! der of *ne nuclear autherisation in question or person givia.; net:6eanen in terms cf the 1
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provisions of section 23 is liable for any n" clear dama;e as contemplated in i
subsection (1).-
(b)Sctwithstandirg any pmsision therein contained, the provisions of the Apportionment of Damages Act,1956 (Act No. 34 of 1956) do not apply, nor is er no fault of any person a defence to any claim for compensation or on account of such damages (c)(i)
The amount of compensation payable by the holder of a ruslear authorisation in respect of the death of or decease contracted by any employee of the holder of the nuclear licence in question and who is exposed to ionising radiati-in the course a.d scope of his employment shall be determined according to the I
provisions af the Workman's Compensation Act or sush other legislation to which the emplos ce may be subject as a result of his employment in a particular industry,if his death or the contracting of the decease contraced is attributable to his exposure to ionising radiation..
(ui-No omer law o. other legal rule affects the amount of the compensation which the holder of the nuclear authorisation or person giving notincation in terms of the provisions of secticn 23 is liable to pay to any person other than an empic> ee referred to in subsection (4XcXi).
d)Netui hstaning the provisions of subsections (1) and (4).
a 1 older of a nuc!:ar authorisation or person giving noti 6 cation in terms of tM provisions of section U is not i. liable to any person for any nuclear damage.
(i) to the extent to which such nuclear damage is attributable to the presence of such person or rw property of such person at or it. the nuclear installation, or on the site ci.. ear the radioactive material,in respect of which the nuclear authorisation in question has been granted, without the permission of the holders of nuclear authorisations or of a person acting on behalf of the holder of a nuclear authorisation er person giving notification in terms ofie provisions of section 23; or (ii) if such person deliberately caused or deliberately contributed to the cause of such damage; (6) The holder of a nuclear authorisation or person giving notification in terms of the provisions of section 23 retains any right of recourse or contribution which he may in terms of any contract have against any person in respect of any damage for which he is liable in terms of subsection (1).
- (7) Any person carrying out any activity which is restricted in terms of the provisions of section 21 without the required nuclear authorisation in terms of section 22 is liable for any nuclear damage caused or resulting therefrom and the provisions of subsection (1),(2) and 0; apply.
(S) The OSR may require any owner or person in centrol of, or any person responsiK:
for the contamination with radioactivity of any site or place to rehabilitate the site or place =d to put it in a condition that complies with the safety standards determir.ed by the CSS
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- -.. - ~. - - - - - - -.
6 31 A. Special provisions for liability for nuclear damage daused by vessels. -If the Deputy President has not detennined any conditions for liability for nuclear damage as contemplated in section 26A(1)(a)(i) for a holder of a nuclear authorisation graated in respect of a vessel referred to in section 21(2), the provisions of sectior _ ) must apply.
l 32, Claims for compensation in excess of masimum liability.. (1) H the total amount of any claims for compensation against a holder of a nuclear authorisation, or if the total amount of any claims for a npensation plus the ectimated amount of claims for compensation still likely to be required to be paid, exceeds, or is likely to exceed, t& amount for which he has given security in terms of section 29 the holder of the nuclear authoiisation must forthwith notify the Deputy President thereofin writing, giving particulars of the total number and-amount of all such claims received, tcgether with an estimate of the number and amot.nt of any other claims which may have to be satisfied.
(2) If, upon receipt of a notice in terms of subsection (1), the Deputy President is satisfied-(a) that the total amount of claims for compensation against a holder of a nuclear authorisation that are unpaid and of such claims as are likely to be made thereafter,
,vi'.1 exceed the amount of security given by such holder of a nuclear authorisation in tertns of section N and available in rupect oisuch claims; and (b) the holder of the nuclear authorisation is unable to settle such claims, up to the limits determined by the Deputy President in temis of the provisions of section 31(2),
the Deputy Preste. ec.ust-ti) table in Parliament a report on the nuclear accident or nuclear incident in question H ~N form as the Deputy President may consider appropriate, and in which is e : ended that Parliament appropriate funds for rendering financial assistance w N hou r of a nuclear authorisation in the amount by which the claims exceed or are likely te exceed the security which is available. The liability of the holder of the nuclear authorisation as contemplated in section 31(2) must in no respect be affected by any such appropriation; and (ii) by notice in the Gazette suspend the obligation to pay the claims in respect of the nuiear accident or nuclear incident in question until Parliament has decided about tl' recomnandation.
(3) If Parliament has by resolution decided that funds in an amount specified in the report by the Deputy President be appropriated, no payment of any such claim for compensation arising out of the said nuclear accident or nuclear incident may be made after the passing of such resolution without the approval of the Deputy President or an order of court.
(4) The giving of additional security by a holder of a nuclear authorisation in temas of section
- does not affect the application of the provisions of this section.
y,
' 33. Duties in case of nuclear accidents and incidenti,41)'f r cimlear accident or a -
nuclear incident occurs in cennection with a nuclear instai.*on er a site or an activity involving radioactive material in respect of which a nuclear :uthorisation has i,een granted, the holder of the nuclear authorisation in question must imm :diately report it to the ONR and in relation to accidents or incidents of the kind in question, to any other persons as are
- prescribed in the nuclear authorisation.
l
'(2)Whenever the'OSR is advised ' f the occurrence of a nuclear accident or incident in o
terms of subsection (1), it must forthwith investigate such accident or incident and its causes, circumstances and effects, and must,in such manner as it may deem 6t, denne 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 standards laid down by the CSS for the safeguarding of persons. The ONR must direct the holder of the nuclear authorisation in
. question to obtain and record the names, addresses and identi6 cation numbers of all persons who were within such area and during the period so denneiIf the ONR is of the opinion that it has not been informed of all persons who could have been present during any such period within any such arei it must publish by notice in the Gazette and in two publications of the daily press in circulation in such area the fact of such a nue! ear accident or incident as well as the pc.niculars of the period and the area so de6nei Wa) The OSR must. in the p;escriced manner, keep a record of the names of ali persons who acccrdinj to its information were within the area so defined at any time during the period so de6ned, and of such paniculars conceming them as may be prescribei (b) Fer the purposes of the proof of claims for compensation for nuclear damage any such record must upon its mere production by any person in any coun oflaw be admissible in evidence, and must be prima facie proof of the presence of the person in question within the area so defined during the period so denned.
(4) Neither the de6ning ot any area or pened in terms of subsection (2) nor the failure to record the name of any person in terms of subsection (3), may prejudice the right of any person to claim compensation from a holder of a nuclear authorisation by vinue of the provisions of section R 34.
Emergency Planning. -(l) The CSS may direct any local authority or the Deputy.
President may, after consuhation with the CNS, direct any provincial council to put in place any measures or make any arrangements to ensure the adequacy and effectiveness of any nuclear emerg-ncy plan.
(2) The OSR must ensure that adequate arrangements are in place at local, provinciai
- and national leve! to respond to an emergency resulting from a nuclear accident. Such arrangements must be in accordance with the levels ofintervention and the system for & -
application of protection.md semedial measures established bv the SNS A.
- 9) The holder of a nuclear authorisation mus:. upon the occurrence of a nuclear accidem or incident. implemera such emergency plaa as may be approved by the OSR
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(4) The chief executive officer may impose limitations on the development surrounding any nuclear installation, nuclear waste disposal facility, nuclear processing plant or spent fuel storage and management facility to ensure the effective implementation of the relevant emergency plan, 25 Prescription of actions Notwithstanding anything to the contrary in any other law contained -
1 I
(a)
No action for compensation by virtue of the provisions of section 31 may be commenced after the expiration of a period of 30 years from -
the date of the occurrence which give rise to the ri At to claim s'ach compensation; or in a case where a continuing occurrence or a succession of occurrences all attributable to a particular event or the carrying out of a particular operation
~
gave rise to such right, the date of the last event in the course of that occurrence or succession of occurrences; i
unless the claimant concerned became aware during that period, or by exercising reasonable
( -
care could have become aware, of the identity of the holder of the nuclear authorisation concerned and of the facts from which the right to claim compensation arose,in which case no such action may be commenced after the expiration of a period of two years from the date on which he so became aware or could have become aware; and (b) the running of the said period of prescription of two years must be suspended during any period in which negotiations in connection with a settlement are being conducted by or on behalf of the claimant and the holder of the nuclear authorisation concemed, which period must commence on the date on which sucn negotiations commenced in writing, and must end on the date on which any of the parties concemed notifies the other that the negotiations are terminated. The said suspension may not be longer than five years and a claimant may only once claim such suspension during the prescription period of two years.
- 36. Records and inspections of certain documents -(1)(a) The ONR must keep a record ef the particulars and a map showing the location and, where applicable, diagrams showing the position and limits of every site or nuclear installation for which a nuclear authorisation in temis of section 22 has been granted.
(b) The ONR must make arrangements for copies of the records, maps, diagrams and nuclear authorisations to be available for inspection by the public.
1 (c) If the SNR believes that the risk of nuclear damage arising from anything done or being done, or which has been or is present, at or in any nuclear installation, or on any site in respect of which a nuclear authorisation is no longer in force,is within safety st,ndards laid down by the CNS for the safeguarding of persons, the particulars in connection therewith may be removed from the record referred to in paragraph (a).
1
a.
9 (2)(a)The ONR must retain a record of the details of all nuclear accidents, nuclear incidents and occurrences.
t (b) The ONR must make the record referred to in subsection (2)< a) available for inspection to any person who has suffered nuclear damage and has claimed or intends to claim damages from the holder of the nuclear authorisation in qu'estion.
37.
Revocation and surrender of nucleer authorisations -(1) The chief executive of6eer may revoke a nuclear authorisation at any tinie or a nuclear authorisation may be surrendered by the holder of the nuclear authorisation.-
(2)If a nuclear authorisation has been revoked by the chief executive of6cer or surrendered in terms of subsection (1), the holder of the nuclear authorisation concemed must,if directed by the chief executive of6cer, deliver up to the person appointed by the chief executit e of6cer or account for such nuclear authorisatic The holder of a nuclear authorisation which has 3
been revoked or surrendered must; for the duration of his period of responsibility, display, or cause to be displayed, on the relevant site notices as directed by the chici executis e of6cer.
(3) The chief executive ofEcer may, upon revocation or surrender of a nuclea-authorisation, or at any time during the period of responsibility of the holder of the nuclear authorisation in question, give any directions, in miting, to the person having liability for nuclear damage in terms of section 31(1) which the chief executive of6cer believes are necessary f r prevention of nuclear damage which may be caused by anything which is being done, may be done or was done, or is or was present at or in the relevant nuclear installation or on the relevant site.
- 33. Fees. -(1) The Deputy President must, after consulting with the CNS, determine and give notice in terms of section 2 of the amount of fees to be levied by the ONR in respect of-any application for the granting of a nuclear authorisation;
- an annual nuclear authorisation fee;
- a renewal or extension of a nuclear authorisation granted;
- a subsequent imposition of conditions as contemplated in section 26 or 26A; an amendment of conditions as contemplated in section 26 ; and inspections and investigations as contemplated in subsection (3).
(2)
Any person who applies for the granting of any nuclear authorisation or to whom a nuclear authorisation has been granted must pay the relevant fees levied by the ONR as -
determined in terms of subsection (1 L v. ;in the period speci6ed.
(3)
The ONR may requite any holder of a nuclear authorisation, or a person carry 5g out an activity restricted in terrns of section 21 without the necessary nuclear authorisation r any owner or person in control of anv site or any person responsible fer the contaminatien a:
any place or site other than a site referred,o in a nuclear authorisation, to pay, within the
S.
e period specified, a fee as determined in terms of subsection (1) in connection with any inspection or investigation which the ONR requires to perfonn in respect thereof for the purpose of fulfilling its objects.
- 39. Appeals to the CNS -(l) Subject to the provisions of subsection (2), any person may, within 60 days of his becoming aware thereof, appeal to the CNS to resiew any decision of the chief executive officer to -
(a) grant or refuse the granting of a nuclear authorisation; (b) amend or refuse to amend any nuclear authorisation; (c) impose or not to impose any conditions; or (d) revoke a nuclear authorisation, (2) The application for appeal must be in writing and must show the grounds on which the appellant alleges that the appellant will be directly affected or the health and safety of the appellant will be unacceptably affected by the decision of the chief executive officer.
(3) The CSS may, after consideration of the appeal -
instruct the chief executive ofticer to amend or rescind its original decision;
- refuse to amend the decision of the chief executis e officer and confirm its erigina!
decision;
- refer any issues to the chief executive officer for consideration and recommendations; or refer the matter to an ad hoc committee established for that purpose, for consideration and recornmendation, (4) The implementation of a decision of the chief executive officer, pending the outcome of an appeal by the CNS can only be suspended by an order of court granted upon an application which was served on the CSS and the chief executive officer.
(5)(a) Any person affected by any decision of an inspector taken under any provision of section 42 may, within 30 days efter the decision has been made known to him, lodge an appeal. as set out in subsection (2) to the CNS against the decision of the inspector.
(b) The CNS may in respect of such an appeal, contirm, amend or annul the decision of the inspector.
(6) The CNS n.ust submit to the appellant in wTiting the reasons for the decision in terms of subsections (2) and (4).
Appeal to the Supreme Court. - (1)If the appellant in terms of section
- is dissatistied 40.
with the decision of the CNS after the appeal, such person may, within 60 days after the appellant has been notified of the decision of the CNS, in the manner prescribed, appeal against such decision to the Supreme Court of South Aftica.
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6 i
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- (2) A decision of the CSS contemplated in section 39(5xb)is deemed to be ajudgemem in a civil proceeding in the maiistrate's court of the district in which the head of5:e of the
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SNSA is situated; 4
4
~
. (3) The implementatioh of a decision of the CNS is not sugended pending the outcome r -
. of an appeal under subse: tion (1).
4-(4) The Supreme Coun may-I-
condrm. set aside or amend the decision of the CSS, or.
F l! '-
' remit the matter to the L,.%....Ior turther consideradon; and a
.make an order as to costs as the ecurt may deem 6:.
A U) The judgement of the Supreme Court under subsect.cn (4) has the effect of a e
F
- judgement in a civil proceeding E
g-to)
The c.ecision et :he Suprerne t,ourt comempla:ca..m sub.<e:n.on(4).is tot a..
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purposes deeme.i to be a decision of the CNS.
1-41.
Inspectors. - t : The chief exec =ive of:';er may, subje:::a the provisions or 3 :: :-
i
- .E appoint such number ofinsygewrs as :h: :hief execuu*.. cf6:er may consider necesaa? -
n mspectors mus: ce su.: ace c.uah.
. ter :ae purposes or c:vmg e(. ect :e tr.e nea -
j expedient.- Sue..
i provisiens eithis sectica
(.,.) i r.: : met execunve atacer must :ssue to everi person appomt:;,. anw,er subsection ; ; -
l a certi6cate ta :he eff e:t that he has so been appointed and restricting su:h person to the F
nuclear activities within which he may exercise the powers and perform the functions gran:e;
- oh.im m terrns or the Act. In the exeretse of such power and the perfomiance of such r
functions that person mus: en demand of any interested person produce such cen...ittea:e.
t; (3) Any inspecter may. subject io the restrictions ccmained in the certi6cate refe:Tedto' 4
in subsection C) -
[
iai. a: all reasmable times en:er -
t iii J any nuclear ins:allation.- radioactive was:e storage or disposal facility; spent fuel storage.ac:h.ty, ra.,.ioacti've ere mining or processing facilitv.
f.
site or vessel in respect et..which an app,:.. canon tot a nuclear authertsation has aeen made to the NSSA er in respect of which such.,
1 nuclear authorisation as contemalated i. sectic i 22 has been gramed:
r
. an, r! ace which the OSR. on reasonab:e crounds, sus,ects to be a see :
- e ii1 yn r
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which there is a nuclear installation. radioactive waste storage er a:spe C facility, spent tuel surage facdity, radicactive ere mining er processir 4
facility; 4
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(ivy any place where radioactive material is kept or is present, and in respect -
4 of which an application for a nuclear authorisation has been made to the -
NNSA, or in respect of which such a nuclear authorisation has been ~
granted; (v t any place.where the ONR. on reasonable grounds suspects that radioactive material is kept or is present or any activity restricted in terms of section 21 is being carried outt (b) carry out inspections and use any equipment on such inspections at any of the sites or places referred to in subsection (3)(a)(i) to (v) and conduct such investigations, as the inspector may consider necessary or expedient.' Before carrying out any such inspection or conducting any such investigation, the inspector must satisfy himself whether the carrying out of any such inspection or the cona eting of any such investigation would be likely to be injurious to any person's heal:h, or to cause injury to any person or damage to any propeny.
(c)if the inspector believes it necessary for the purposes of anv provision of this Act l
the inspector may direct the holder of ar the applicant for a nuclear authonsation. e-any other person having duties in connecti0n with or on the relevant site ^r p!=e referred to in paragraph (ai. to -
permit 'he inspector to take anay for investigation the anicieser ebjecta pointed out by the inspecton or
- inspect the books records and documents spe jiied by the inspector, and tc.
]
make copies thereof; or
- give the inspecter information uhich he may possess (d) the inspector may take any articles, objects, books, records er documents, or any copies thereof, away for investigation.
(e) if any activity or condition associated with a nuclear installation, a site or any i
radioactive material, whether such activity or conditien is relevant to any criminal i --
contravention under this Act or not,in the opinion of the ONR does not comply with the requirements it has laid down for the safeguarding of the persons in respect of the relevant nuclear installation, site or radioactive material, with the approval of the chief executive officer, in writing direct -
li) that the relevant activity be discontinued and the relevant condition be cleared away forthwithi and (ii) that the relevant site or other place be put in a condition that ccmplies with such requirements for the safeguarding of the public based on the safety standards determined by the CNS.
(6 with the approval of the OSR. take with him such persor.s as he may deem necessary to assist him in the exercise of his powers under this subsection, and tr.
perform the functions and cacy out the duties detennined by him:
4 (g) exercise or carry out any other prescribed powers and duties.
(4) An inspector authorised thereto in wTiting by the ONR may, in respect of any vessel, and subject to the terms of any agreement referTed to in section 26A, have the same power conferred upon him. in respett of sites and other places contemplated in this section.
42.
Furnishing of reasons by the Deputy President. -If Parliament is of the opinion that it is in the interests of the security of the State that the reasons for the exercise or the proposed exercise of any power in terms of this Act by the Deputy President should not be disclosed,it must direct that the Deputy President need not disclose reasons to any persons affected or to 1
be affected thereby.
4
- 43. Powers of the CNS and the ONR in connection with security of property and premises. -(1) The CNS or the ONR may make or cause to be made such arrangements as it may deem necessary for the proper protection, defence or security of propeny which belongs to or is under the control of the CNS or the ONR or is on any place on which activities of the CNS or the ONR or the SACORS are performed.
(2) No unauthorised person may enter any area or premises which is under the control of the CNS or the ONR or the S ACORS and which the CNS or the ONR has identified as an area or place where classitled infomution or information relating to proprietary rights is kept and is of the belief that it is in the imuest of the State or the holder of the proprietary righ:s that access to the area or the premises should be restricted.
i (3) 1:o unauthorised person may be in possession of any classified information or documentation relating to any proprietary right of any person or which mayjeopardise the security of any nuclear installation or any site where an activity involving radioactive material is being carried out.
44.
Compensation in respect of injuries suffered by persons employed by the NNSA. -
(1)If a person who is employed in any capacity by or on behalf of the NNSA, while so pc irming services suffers a personal injury or contracts a disease attributable to ionising r..aiation from any radioactive material, or to the flammable, explosive, poisonous or special properties of radioactive material, or to the ionising radiation produced by any apparatus or arising from the production or application of radioactive material or any apparatus, and in respect of which no liability can be established in terms of section 31, the NNS A must, subject to subsection (2)-
i (a) defray all reasonable expenses incurred by or on behalf of such person in respect of medical, surgical, dental or hospital treatment, expert nursing services or the supply and maintenance of any trtificial 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 disease.
(2)(a) If any person who is entitled to any benefit under this section would also be I
entitled, but for the prosisions of this section. to any benetit in respect of the same a
4
+,
injury or disease under the Workmen's Compensation Act 1941 (Act No. 30 of 1941). his right under the said Act must ipso facto lapse.
(b) Sothing contained in this section affects any richt uhich any person may have under a contract of employ ment or under any provision of any law, to benefits more favourable than those to u hich that person may be entitled under this section. No person may be entitled to claim ben-iits both under this section and under the said contract or provision.
45.
Proceedings in camera - If Parliament believes that it is in the national mterest, it must direct that the civil proceedings or arbitration proceedings in terms of the Arbitration Act, 1965 (Act No. 42 of 1965)in connection with any dispute arising out of this Act, should be held in camera or that the public be excluded from attendance.
46.
Application of an exemption from certain laws. The provisions of the Companies Act,1973 ( Act No. 61 of 1973), must not apply in respect of the SNS A, the CSS or the OSR 47, Regulations. -(1) The Deputy Pres: dent may make regulations as ta -
(a) any matter required or permined to be prescribed under this Acn and (b) in general, all maners in respect of which he may deem it necessary or expedien to make regulations to a hieve the objects of thi3 Act.
(2) Any regulation made under subseaion (1) may provide that any person centravening such regulation or failing to comply therewith, must be guilty of an offence and liable on conviction ta a nne or to imprisonment not exceeding ten years, or to both a Ene and such imprisonment.
4S, Liquidation of the NNSA-Se!:her the CNS nor the OSR may be liquidated or dissolved except in terms of an Act of Parliament.
l 49.
Reproduction of documents by the CSS, the OSR and the SACORS -(1)The CNS, the OSR and the SACORS may reproduce or cause to be reproduced documents in its possession or under its control by micro 61 ming or electronically or any other process which in its judgement reproduces such a document in a durable and accurate manner, and may keep or cause to be kept the reproduction instead of the original document in qmstion.
i (2)Any reproduction referred to in subsection (1) must for the purposes of this Act be deemed to be the relevant original document, and a copy obtained by means of such a reproduction and which has been certined by the chief executive ofGeer or an of6cer authorised by the chief executive officer, as a true copy, must be conclusive evidence in ans court oflaw of the contents of the original document in question.
50.
Exemption trom duties and fees. - The CSS and the ONR are exempted from the payment of any duties or fees which. but fx the provisions of this section, would in terms of a provision of any law (except the Customs and Excise Act,196a ( Act No. 91 af 1964), or the Value-Added Tax Act.1991 ( Act No. M5 of 1991;), has e been payable to the State by the
_. - - ~ -.. - -
. - - - ~
CNS in respect of any act or transaction or in respect of any document connected with any act or transaction.
- 51. Disclosure of Information,-(1) Subject to the provisions of subsection (2), no employee of the NNS A or'ahy person who is or was in any other way involved in the activities of the CNS, the ONR or the SACORS, who has obtained information which is '
classifted or is or relates to proprietary rights of the CNS or the ONR or the SACORS or any holder of a nuclear authorisation or any other person, and which is not yet public knowledge.
l may, except with the written authority of the chief executive officer, make knowTL transmit or otherwise disclose to any person any such information so acquired.
l (2) The provisions of subsection (1) does not prohibit the disclosure or publication of information by any person referred to in subsection (1)-
(a) insofar as it is necessary for the purposes of the performance of any functions in terms of this Act or insofar as it is required of him by or under any other law; or i
(b) to the Auditor-General.
(3) For the purposes of this section "information" must include anythin; purporting to be information or containing or providing informatien.
52 Authority by the chief executive officer not recognition of accuracy of informntion, The wTitten consent of the chief executive officer granted in respect of maners mentioned in section 51 does not constitute a recognition by the NNSA of the accuracy of the I
information fer which the consent referred to was granted.
1 53, _ Offences nnd penalties. -(1) Any person must be guilty of an offence if such person-(a) hinders an authorised inspector referred to in section 41 in the performance of his functions or the carrying out of his duties under any provision of this Act, or fails to comply with any order given to him by such authorised person or inspector under any provision of this Act; (b) contravenes or fai!s to comply with a provision of section 51; (c) is in a place envisaged in section 43(1) or is in possession of an object contemplated in section 43(3) without lawful reason; (d) refuses or fails to comply with a direction contemplated in section 37; (e)
(i) contravenes of fails to comply with a provision of section 21(1) or of a condition imposed on him in terms of section 26; (ii) as a master of any.essel referred to in section 21(2) contravenes or fails to comply with any provision of that section or a condition imposed on hi~
under section 26A;
-(ft fails to pay any fee levied in terms of section 3S.
(g) fails to coniply with any other prosision of this Act or direction eiven bv the CSS or the ONR or the chief eecutive of6cer as contemplated in this Act.
(2) Anv person convicted of an offence referred to under subsecticn (1) must be liable to a sentence,-
-(a) in the case of an offence refened te in paragraph (at a 6ne or to imprisonment for a period not exceeding seven yearst (b) in the case of an offence refened to in paragraph (b)._ a Sne or to imprisonment for a period not exceeding Ove years; (e) in the case of an offence referred to in paragraph (c), a One a te imprisenrtent for a period not exceeding 6fteen years; (di in the case of an offence referred to in paragraph (d). a'6ne or to impr.ionment for a peried tot exceeding Siteen years; Oe use of an offence refened to in paragraph ie; a :'ne or to impr.r:- e ~
n>
fx a per:od not exceedmg 6ficen f ears; er
( f'
- . the case of an effence referred to in paragraph 8 ft c 6ne or to imprtsonmen; c a period not exceeding ten years; er
(;j in the case of an offence referred to in paragraph (gt a Gn or to imprisentnen:
fer a period nat exceeding ten years; or (3)-Any person who contravenes or fails to comply with a provision of this Act or any condition, notice order. instruction, prohibition, authorisation, pemaission. exemption.-
certificate or document determined, given, issued, promulgated or granted by or under this
. Act by the Deputy President. or the chief executive of5cer mest. if any such contravention er failure is not declared an of fence elsewhere, be guilty of an offence.
- 54. Provisos- (1) On the fixed date anything done before such date in teans of the provisions of the Nuclear Energy Act,1993, and whic. can be done in terms of the provisions of this Act, shall be deemed to have been done in tenns of the latter provisions.
(2)If any matter has not been completed on the nxed date by the CSS established by section 24 of the Nuclear Energy Act.1993 the CNS and the ONR may continue with the completion of that matter in accordance with the stipulations of this Act, and anything dene by the former cauncilin connection with that matter, shall be deemed to have been done by the CNS or the ONR. as the case mav be,in terms of this Act.
~
1
- 0) A regulation or notice issued in terms of the Nuclear Energy Act 1993, and which could be issued under this Act shall remain in force until it is replaced by a regulation or-notice issued under this Act.
(4) The pctson who occupied the post of executis e of6cer of CNS immediateiv before 3
the nxed date, shall from that date be deemed to have been appointed in terms of section !! of this Act, and shall be deemed to have been appointed according to such conditions of service.
an.i.with such remuneratien as were applicable to that person immediate!) before the abo (e.
mentioned date.
(5) The persons who, before the 6xed date, were appoimed as members of the council-l.
by the Minister of Mineral and Energy in terms of section 36 of the Nuclear Energy Act, a
1
- 1993, and who served as such on the Oxed date. shall be deemed to have been appointed as j
members of the CNS in terms of section 6 of this Act and, subject to the provisions of section i
l of schedule 1 of this Act, must continue to hold that of6ce until new membea of the CN5' are appoimed by the Deputy President.
t J
I e
e d-L Schedule 1 i.
i 1.
Disquali0 cation for membership of the CN5, and sacatine of of0cc.. :i Ne j'
pe wns r
- be oppointed as a niember or at:er" e merret of the CNS.: su:S pc 4
i -
.a4 u
=rehabihtated insolvent ei is not a South A: :can citizen perm 2nerib residem in the Repubhe:
t 4
m-nas been eenvicted of a criminal offence, of which dishonesty is an e:emem. ar 3
i sentenced to imprisonment without the option of a Sne; or i
(d) ii) is nominated as a candidate for election as a member of Paqiament in te ms j
of the provisions of the E'ectoral Act - 1979 (Act No. 45 of 1979). or (ii) is elected, designated or appointed as a member of Parliament o* to an$
i
-.other of6ce in the legislative or the executive authority of the State; i
is an applicant for or the,nolder c:,a nuclear authorisation or emplayee af an 4...
l un
[_
applicant for or holder of a nuclear authorisation or any person who the
- Deputy President determines to have a conflict ofinterests by virtue of his membership or association with any interested party or proup.
4 j -
(2) A member of the CNS must vacate the of0ce if-e l
fa) the member becomes subject to a disqua!!6ation referred to in cubeetien i
f i);
ib)
The membe! bCcCmeS oI unsound rnind:
4 4
s 4
6
^
4 the CNS without the lea \\e Of Se Cnairman' T
- f I
....r
m4-c (d) the Denuty President terminates iP: period of ofti.e of the member in terms e
eise: tion 4 of this schedule, or in the member rengr.s as a member 2.
Period m. ofhee-daw :or :gae eniet execuo e 0:neer, a memv,er et ne lh..d udi how.
1 3
a:nce :or a per:oJ determined h the De ut;. Presidem wh::P m.us: not exceed three :.carr 3.
h,eappointment as member A person w me :erm ef of: ice as a member or.tnetN,3 u
m has expired, may be eli.cib!e for rear-ci".: ment.
.r 4.
Termination of appointment-The Deputy President ma'. at any time tem :nate the g
s cppoin: ment of a memser of the CS....d :t such mem.ner as unr,e to perform.a.s cut:es or n euilty of miscondue:
5.
Pow er of the Deputy President to appoint other persons. In he esen: of the.
4 termina: ion of t,ne appointment. t,:e resienation. I.ne vaca: ion of office er the meatn o:.
member cf the CSS. :he Deputy Presiden may, af,er consuha: ion with the chairman and Be chief executis e ofticer. appoint an:. ether person i 'is stead fcr the unexpbrd :erm of af'.:
l, e,s,u..., 'c.
d
- mer en
- : 0:5 m
.m-(i.
.\\lectme, of the CNS.
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nvanc mere? E,v reason of a sacar.:V cn tu.e Lm.c or :ne fae: : hat a disc.ua,...:neu, cerson sa:.a a member a::he :ime :he decision was tahen or the ac: uas au.orised :f the decision was taken or the ac: was au:horised by the majority of the members 0: the CNS present at the time who were enti: led to 5: aa members of eCNS.
(4) The chairman er,in &c absen:e of the chairman he vice-chairman must pres:de _: 2 meetine. of the CSS and if both Se chaire ersor; avl de ' :ce.:hairman are absent from an.
......,#.. a ~. y e,., e. e u...,....,. _m.. c.,y n,. s..,, 3 n,,. :,, a.,..., e,.,
... g., o.,x, c. y. g.. 2
.... ~..
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....a preside at suen mee:ing.
Limitation ofliability of members of the CNS. - A member of te CNS is r.o:
personally liable for any bss or damage arising out of, or in connection wis, the performar.:e of his duties. unless the loss or damage is due to an thing dar.e in bad fai6 cr negligence c :
failure to ccmp!v with any prov:sien of this Ae:
- ~
_. =. _.._
_ ~
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+
. Schedule 2 l'criod of office-(16 k member cithe SACOR5 may hold office :er rach pened as the 1.
CSS may dete mine. bu: r.at exceeding three y ears.
(2) Any person whose temi of office h.ts expired, me.) be eligible fer reappointmer.t.
2.
Chairman of the SACORS The chairman of the CNS. or the ncm! nee oithe chair a,
must be Chairman of the S ACORS.
3.
Slectings of the SACORS.il) The chairman mu preside at all meenng of A committee.
(2) A majority of members presen: cons:!:utes a quorum of any mee:!ng af:he S ACOR5 4.
Constitution of the SACORS-The SACors mus: p,en usel: in a eerdanee H.
cer.stituuan established tw :he SACORs m ecnsucur. 5 ae CSS and ~?;;<hed.,
eguta:im.a centemela:ed in se:::en 4'
NUCLEAR ENERGY ACT NO OF 1997 4
d ACT To determine the objects, responsibilities and fnnetions of the Atomic Energy Corporation of f
South Africa.
4 To repeal the Nuclear Energy Act, No 131 of 1993 To provide for the implementation of the Nuclear Non Proliferation Treaty and the Safegnards Agreements, a
To separate the matters of the CNS from those of the AEC, thus providing for the establishment of the Nuclear Safety Act, Act No.1997.~
CONTENTS See? ions CilAPTER I intcoduction.
.1 5
CHAPTER 11 The Atomic Energy Corporation of South Africa, Limited.
. 5 14 CHAPTER 111 International safeguards-,
.14 - 19 CHAPTER IV Responsibilities of the AEC in respect of source material, special nuclear material, restricted material, radioactive waste and irradiated fuel 19 - 21 CHAPTER V Geneial Provisions.
.21 - 27 CHAPTER 1 fNTRODUCTION 1.
Definitions. - In this Act, unless the context indicates otherwise -
(a) any expression to which a meaning has been assigned in the Patents Act, 1978 (Act No 57 of 1978) bears the meani'1g so assigned thereto, and (b)
"AEC" means the Atomic Energy Corporation of South Africa, Limited, referred to in section 4, and " corporation" has a corresponding meaning;
" Board of Directors" means the Board of Directors referred to in section 8;
" chief executive officer" means the person appointed as such in terms of section i I; "CN5" means the Council for Nuclear Safety
" director" means a member of the Board of Directors referred to in section 8, 1
4,
" enrich" means increase the ration of an isotropic constituent of an element to the remaining isotropic constituents of that element relative to the naturally occurring ratio: and " enrichment" has a corresponding meaning;
" fixed date" means the date fixed in terms of section 46; "l AEA" means the International Atomic Energy Agency,
" ionizing radiation" means electromagnetic or corpuscular emission emitted from radioactise material and capable of producing ions, directly or ind!rectly, while passing through matter,
" management board" the board established in terms of section 12;
" Minister" means the Minister of Minerals and Energy,
" nuclear accident" means any occurrence or succession of occurrences having the same origin which-(a) causes nuclear damage; or (b) results in.
(i) the release of radioactive material; or (ii) a radiation dose, which exceeds the limits determined by the CNS and laid down in the relevant nuclear
- licence,
" nuclear damage" means any injury to or the death or any sickness or disease of a person, or other damage, inchiding any damage to or any loss of use of property, which arises out of, or resuh from, or is attributable to, the ionizing radiations associated with radioactive material or with the generation of nuclear energy;
" nuclear energy" means all the energy released by a nuclear fission or nuclear fusion process;
" nuclear fuel" :aeans any material capable of undergoing a nuclear 6ssion or nuclear fusion process by itself or in combination with some other material,
" nuclear installation" means a facility, installation, plan' or stiucture (other. than a facility, installation, plant or structure situated at any.nine as denned in section 1 of the Minerals Act,1991 (Act No. 50 of 1991) designed or idapted for, or which may involve the carrying out of, any process within the nuclear fuel cycle involving radioactive material and which is capable of causing nuclear damage; and includes.
(a) a uranium or thorium refinement or conversion facility; (b) a uranium enrichment facility, (c) a nuclear fuel fabrication facility; (d) a nuclear reactor, including a nuclear fission reactor or a nuclear fusion reactor or any other facility intended to create nuclear fusion; (c) a reprocessing facility; 2
{
.s
' (f) '
a waste disposal facility; (g) a storage facility; (h)
'any other facility,_ installation, plant or stmeture which has been declared under section 2 (d) to be a nuclear installation,
" nuclear material" means source material and special nuclear material;
" nuclear related equim.cnt and material"_ means equipment and material which have been declared under sec%n 2 (h) to be nuclear related equipment and material;-
" nuclear qualified and nuclear competent person" means a person qualified in nuclear physics or nuclear engineering to a level recognised by the CNS and who has the experience base, broadly defmed by the I AEA in its Guidebook - Qualification of Nuclear Power Plant Operations Personnel Technical Reports Series No 242
" plant" includes any machinery, equipment or device, whether it is attached to the ground or not;
" prescribed" means prescribed by regulation;
" process", in relation to source material, special nwar material and restricted materials, means, extract, concentrate, refine or convert such ma:- A but does not include enriching; and
" processing" has a corresponding meaning;
" radioactive material" means any substance consisting of, or containing, any radioactive nuclide, whether natural or artificial;
" radioactive nuclide' means an unstable atomic nucleus which decays spontaneously with the accompanying emission ofionizing radiation,
" radioactive waste" means any radioactive material which is intended to be discarded as waste material;
" regulation" means any regulation made under this Act;
" reprocess" means extract or separate from source material or special nuclear material that has been subjected to radiation, those constituents that have undergone transmutations as a result of the radiation, or those constituents that have not undergone transmutations and are re usable;
" restricted material" means beryllium and zirconium and any other substance that has under section -
2 (a) been declared to be restricted material;
" Safeguards Agreement" means the comprehensive _ safeguard _ agreement concluded by the Republic with the IAEA on 16 September 1991 regarding the application of safeguard in connection with the Nuclear Non-Proliferation Treaty; 3
" site" means a site on which a nuclear installation is situated or being constructed or on which any activity which involves radioactive material is carried out which installation or activity is subject to licensing by the Council for Nuclear Safety.
" source material" means meterial which has under section 2 (b) been declared to be source
- material, "special nuclear material" means any material which has under section 2 (c) been declared to be special nuclear material;
" storage facility" means a facility for the acceptance, handling and treatment ofirradiated fuel and the storage thereof,
" subsidiary company" means a " subsidiary company" contemplated in section I of the Companies Act,1973 (Act No. 61 of 1973), and which has been established by the AEC, either alone or in association with any other person; "this Act" includes any regulations; and
" waste disposal facility" means a facility for the acceptance, handling and treatment of radioactive waste and irradiated fuel and the discarding of radioactive waste.
2, Notices. The Minister may by notice in the Gazette-(a) declare any substance of such degree of purity as specified in the notice to be restricted material for the purposes of this Act, (b) declare any substance containing uranium or thorium with conentration and mass limits above those specified in the notice to be source material for the purposes of this Act; (c) declare-(i) plutonium-239,
-(ii) uranium-233; (iii) uranium enriched in its 235 or 233 isotopes, (iv) transuranium elements; or (v) any composition of any of the materials referred to in subparagraphs (i), (ii),
(iii) and (iv) or any composition of the said materials and any other substance or substances, with concentration and mass limits above those specified in the notice, to be special nuclear material for the purpose of this Act, (d) declare any facility, installation, plant or structure designed or adapted for or which may involve the carrying out of any process within the nuclear fuel cycle involving radioactive material, and which is capable of causing nuclear damage, to be a nuclear installation for the purposes of this Act; (e) determine the levels of the specific activity and total activity of radioactive material and the radiation dose with reference to which the CNS may issue a declaratior.,
(f) determine the level of specific activity and told activity of radioactive material below which the provisions of this Act do not apply, 4
' Q (g) with the concurrence of the CNS, exempt any radioactive material from the provisions of this Act;
.(h) for the purpose of this Act, declare equipment and material specially designed or prepared for the processing, use or prodaction of nuclear material, to be nuclear related equipment and material 3.
Application of this Act.- The provisions of this Act are not applicable.
(a) subject to the provisions of section 28, in respect of Group IV hazardous substances as defmed in section 1 of the llazardous Substances Act,1973 (Act No.15 of 1973),
or (b) ir. respect of radioactive material with a specific activity and a total activity below the levels determined in terms of section 2 (f); or (c) in respect of any other radioactive meterial exempted in terms of section 2(g)
CliAPTER 11 THE ATOMIC ENERGY CORPORATION OF SOUTH AF111CA, LIMITED 4.
Continuation of Atomic Energy Co.poration.-(l) The Atomic Energy Corporation of South Africa, Limited, established by section 2 of the Nuclear Energy Act,1982 ( Act No 42 of 1982), shall continue as ajuristic person (2)
The registrar of deeds concerned shall make such entries or endorsements as he may deem necessary to give etTect to the provisions of subsection (1) in or on any relevant iegister, title deed or any other document in his oflice or submitted to him, and no otlice fees or other moneys shall be pyble ia respect of such an entry or endorsement (3)
The AEC shall be liquidated by or in terms of an Act of ParFament.
5.
Objects of AEC.- The objects of the AEC are to-(a) deulop technology and expertise in the field of nuclear energy; (b) develop, and promote the deselopmei, of, nuclear related technology and related expertise, and to make these generally avai%ble, (c) process source material, special nuclear material and restricted material and to reprocess and enrich source material and special nuclear material, (d)
- c. nimercially utilize the technological expertise in its possession (e) undertake and promote research in the field of nuclear energ and nuclear related technology; (f) co-operate with any person, institution, government or administration in matters famng within the said objects, and promote such co-operation between the Republic and other countries, subject to Ministenal approval 5
t
.m
O' 6,
1 unctions of the AEC -(1) In order to achieve its objects, the AEC may with the approval of the hiinister, granted with the concurrence of the hiinister of State Expenditure -
(a)
(i) for the purpose of developing or esploiting in any manner any invention er technological expertise, establish a company in terms of the Comprnies Act, 1973 (Act No. 61 of 1973), or in association with any person so establish a company, or fmance the establishment of such a company or assist in the fmancing thereof, or acquire an interest in or control over such a company, (ii) purchase or othenvise acquire immovable property, a"d encumber or dispose of such property, (iii) purchase, erect, or cause to be erected, buildings or other works or plants, (b) manage a company contemplated in paragraph (a) (i) and appoint any person to act on behalf of the AEC as director of, or in any other capacity m relation tc such company; (c) establish and manage facilities for collecting and disseminating information regarding activities falling within the objects of the AEC; (d) utilize or let buildings, works or plants to be the benefit of the AEC or a company l
contemplated in paragraph (a)(i);
(e) hire, possess, purchase or othensise acquire movable property, and let, pledge, encumber or dispose of such property; (f) hire or let senices or make them otherwise available, (g) conchide agreements with producers to produce and deliver such quantities of source material as may be required by the AEC and its subsidiary companies from time to time; (h) cede or assign to any person or all of the rights and obligations of the AEC in terms of any contract relating to the sale or supply of source material, (i) undertake or promote the prospecting for and mining of source material and restricted material; (j) undertake, cause to be undertaken or promote the development of nuclear technology, nuclear related technology and know how and nuclear research; (k) manufacture or othenvise ptoduce, or acquire or possess uranium hexafluoride (IE) or dispose thereof; (1) acquire, possess, utilize of or process source material, special nuclear material and restricted material, and earich and reprocess source material and special nuclear material, with the approva' of the CNS; (m) manufacture, acquire or ;>ossess nuclear fuel and dispose thereof for the purposes of the Safari h1aterials Test Reactor, manufacture, acquire or possess nuclear fuel in accordance with sections 21 and 27 of this Act. Disposal thereof is to be with the approval of the CNS and in accordance with sections 28 and 29 of this Act.
(n) import into or export from the Republic source material, special nuclear material, restricted material and nuclear related equipment and material and technclog) in support of the Safari hiaterials Test Reactor programme and in accordance with sections 21,22 and 27 of this Act o) facilitate, with the approval of the CNS, the storage ofirradiated nuclear fuel, store irradiated fuel and operate facilities for such a purpose in accordance with sections 28 and 29 of this Act 6
.- ~
C (p) undenake, or c,iuse to be undertaken, the transport of source material, special nuclear material, nuciear, fuel irradiated nuclear fuel, radioactive material and radix.ctive v
.c, "'y *vith the approval of the CNS (q) make such ariangements as the hiiai>ter may deem neces:ary for the stockpiling of strategic raw materials, materials and equipmer' (r)
Ont, eth the apptoval of thc hiinister t) sell to any person or in any other manner make available for use on such i
conditions as determined by the Board of Directors, any patent, licence, concession, right to manufacture or any similar right granting powes to use any information, expertise, process or technology which has been developed by the AEC or a subsidiary company and which is its property; (ii) apply for, buy or othenvise acquire, patents, licences, concessions, rights of manufacture or other similar rights conferring powers to use any technologies, expertise, information or processes, and use, exercise, develop or grant licences in respect of such rights, concessions, technologies, expertise, information or processes, or othenvise derive benefit therefrom, (q
co-operate with educational, scientific or other bodies or institutions with a view to the provision ofinstruction to, or the training of, persons required by the AEC, and if the AEC deems it necessary, provide fmancial or other assistance for the training of such persons; (t) award bursaries and loans for study purposes in the technical disciplines or to any suitable person, (2)
In order to create and utilize viable business opportunities in commerce and industry, the AEC may-(i) produce and othenvise acquire reports, computer software and other intellectual property end dispose thereof; (ii) manufacture and sell instruments, equipment and similar products; (iii) process and sell minerals; (iv) produce, process and sell metals, chemicals and related products; 7,
Exercise of powers of AEC outside Republic -(l) The AEC may, at the request of or with the prior approval of the hiinister, undertake the development, transfer or exploitation of nuclear or nuclear related technology on behalf of or in collaboration with any person, institution, government or administration, in any country or territory outside the Republic-(2)
Deve'opment, transfer and exploitation of technology in terms of subsection (1) are undertaken on such canditions, subject to the approval of the Niinister, as are agreed between the AEC and the person, institution, government or administration on behalf of or in collaboration with whom such development, transfer and exploitation are to be undertaken; (3)
The hiinister may, with the concurrence of the hiinister of Finance, indemnify the AEC against any losses which it may incur consequent on any act or omission of a person, institution, government or administration referred to in subject (1) 7
s a
n u
-.a.,
a 8.
Control and management of affairs of AEC.-(l) The atTairs of the AEC shall be managed by a Board of Directors, which, subject to the provisions of this Act, shall determine the policy and goals of the AEC and shall generally exercise control over the performance ofits functions and the exercise ofits pcwers (2)
The Board of Directors, who shall be appointed by the hiinister, shall consist of-(a) a chairman (b) not more than six other directors (i) one shall be a person who is involved in the mining and extraction of source material, (ii) one shall be a person with relevant scientific knowledge (iii) one shall be a person who is involved in commerce; (iv) one shall be a person who is involved in industry; (v) two shall be persons uho have knowledge e experience of technology of an advanced nature which forms part of the AEC's activities; (c) the chief executive officer, who is sa ex officio member of the Board of
~
Directors; (d) an oHicial of the Department of hfinerals and Energy, appointed by the hiinister; (e) an o0icial of the Department of Foreign Affairs designated by the blinister a0er consultation with the hiinister of Foreign AtTalis.
(3)
The directors shall be South African citizens permanently resident in the Republic.
(4)
(a)
The chairman of the Board J Directors shall hold oDice for a period not exceeding fhe years, but may be reappointed (b)
A director referred to in subsection (2)(b) shall hold o0 ice for a period not exceeding three years, but may be reappointed.
(5)
The directors, other than a director who is in the full-time employment of the State or the AEC, shall be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the hfinister may determine with the concurrence of the hiinister of State Expenditure (6)
(a)
The hiinister may appoint one of the other directors as vice-chairman of the Board of Directors to act as chairman, if the chairman is absent or is unable to perform his functions as chairman.
(b)
When the vice-chairman so acts as chairman, he shall exercise all the powers and perform all the duties and functions of the chairman (7)
The chairman or vice-chairman, or in their absence a director elected by the directors present, shall preside at a meeting of the Dmrd of Directors.
(8)
If a director dies or vacates his 00 ice, the vinister may, subject to the provisions of subsection (2), appoint another person as a director for the unexpired part of his term ofoffice.
8
(9)
Any person who immediately prior to commencement of this Act served as a member of the Board of directors as dermed in section 1 of the Nuclear Energy Act,1993 (Act No 131 of 1993), or the Nuclear Energy Act,1982 (act No 92 of 1982), shall remain a member of the Board of Dire: tors until the expiry of the period for which he was appointed in terms of section 5 of the said Act or until the appointment of a Board of Directors in terms of subsection (2) whichever occurs first, except for er officio members of the Board of Directors who shall be invited to re apply for their positions upon this Act coming into force and in accordance with the Provisos of this Act (section 43 (4))
(10)
A director shall not be personally liable for any loss or demage arising out of, or in connection with, the performance of his duties by virtue of his appointment as a director, unless such loss or damage is due to hi:, gross negligence or his failure to comply with any provision of this Act or to anything done by him in bad faith.
(11)
A director shall vacate his office if he-(a) loses o. relinquishes his South African citizenship or is no lonpr permanemly resident in the Republic; (b) is declared insolvent or hands his estate over to his crediters; (c) is convicted of an ofTence and sentenced to imprisonment without the option of a fine; (d) has been absent from three consecutive meetings of the Board of Directors without leave of the chairman, unless the Board of Directors condones his ab:,ence on his advencing good reasons for his absence; (e) resigns as director, i
(f) is discharged by the Minister in terms of subsection (10);
(g)
(i) is nominated as a candidate for election as a rrcmber of parliament in terms of the provisions of the Electoral Act,197f (Act No. 45 of 1979); or (ii) is nominated or elected as a member of Parliament or designated or appointed to any other public office in the legislative or executive authority of the State 9.
Meetings of Board of Directors.-(l) The first meeting of the Board of Directors shall be held at the time and place determined by the chairman, and meetings thereafter shall be held at such times and places as the Board of Directors shall determine.
(2)
The chairman or, in his absence, the vice-chairman may at any time call a special meeting of the Board of Directors, to be held at such time and place as the chairman or vice-chairman, as the case may be, may determine.
(3)
A majority of the directors shall form a quorum for any meeting of the Board of Directors.
9
(4)
A decision of the majority-of the directors present at a meeting of the Board of Directors shall constitute a decision of such Board, and in the event of an equality of voter on any matter the director presiding at the relevant meetings shall have a casting vote in addition to his debberative vote (5)
No decision taken by the Board of Directors or act performed under the authority of the Board of Directors, shall be invalid merely by reason of a vacancy on the Board of Directors or of the fact that any person not entitled to sit as a director, sat as a director at the time the decision was taken, if the decision was taken or the act was authorized by the required majority of directors present at the meeting and who were entitled to sit as directors 10.
Committees for particular purposes.- (1) The Board of Directers may establisn one o-more sub-committees consisting of directors, which shall perform such ftmetions of the Board of Directors as it may determine. The Board of Directors shall dissolve or reconstitute such sub-committees at any time (2)
If such a committee consists of more than one member, the Board of Directors shall designate a member of the committee as chairman thereof.
(3)
The AEC may pay the member of a committee referred to in subsection (1) who are not in the full-time service of the State oc employees of the AEC such remuneration c.nd such allowances as the Niinister may determine with the concurrence of ihe Minister of State Expenditure.
II, Chief executive officer.-(t) The hiinister shall, after consultation with the Board of Directors, appoint any suitable person a: chief executive onicer of the AEC (2)
The chief executive 00icer shat! be the chairman of the management board and is responsible, in co-operation with the management board, for the management and the performance of the functions of the AEC by virtue of this Act and such ftmetions as may be assigned to him by the Klinister or the Board of Directors in terms of the provisions of this Act or by the provisions of this Act or any other law, and shall report on such matters as the Board of Directors or the Minister may determine (3)
Wher.ever the chief executive oDicer is for any reason absent or unable to perform his functions, or whenever there is a vacancy in the 00 ice of chief executive oDicer, the Board of Directors may designate a member of the management board to act as chief executive onicer until the chief executive onicer resumes his functions or 'a chief executive onicer is appointed in terms of subsection (1), and that member shall, white so acting, have all the powers and perform all the functions of the chief executise officer.
10
(4)
An appointment as chief executive o0icer or a designation as acting chief executive ollicer shall be subject to such conditions of senice as the Board of Directors may with the approval of the Minister determine from time to time 12.
Management Board.- The Board of Directors shall establish a management board to assist the chief executive ollicer, subject to the directives and control of the said Board, in the execution of his managerial functions, and may appoint employees of the AEC as may be necessary as members of the management board 13.
Staff of AEC nnd conditions of senice.-(l) The chief executive onicer-(a) may, subject to paragraph (b) and on such conditions as determined by the Board of Directors, appoint ruch employees of the AEC as may be necessary, (b) shall pay such employees such remuneration, allowance, subsidies and other benents as the Board of Directors may determine in accordance with a system approved from time to time by the Minister with the consent of the Minister of State Expenditure, (2)
Any person (except the chief executive onicer and er officio members of the Board of Directors) who immediately prior to the fixed date was an oDicer or employee appointed or deemed to have been appointed as such in terms of section S of the Nuclear Energy Act,1993 (Act No.131 of 1993), or in terms of the Nuclear Energy Act, 1982 (Act No 92 of 1982) shall from that date be deemed to have been appointed as an employee in terms of subsection (1)(a) of this section on such conditions of senice as may be determined from time to time in terms of the said subsection.
(3)
The chief executive onicer may, subject to the approval of the Board-l (a) provide collateral security, including guarantees, to a financial institution as detined in section 1 of the Financial Senice Board Act,1990 (Act No. 97 of 1990), in respect of a loan granted to any employee of the AEC by such financial institution to enable such employee to acquire, improve or enlarge l
immovable property for the purposes of occupation; (b) build, cause to be built, buy or hire dwelling houses, Dats or Oat buildings for occupation by such employees, and may sell or let such houses or Dats to such employees or othenvise alienate, let or otherwise deal with such houses, flats or fiat buildings-,
(c) establish, institute, erect or carry on sports and recreational societies, social chbs, social and health senice restaunts, hostels, bursary schemes for purposes of study or other similar undertakings or schemes which in its opinion may be beneficial to such employees (4)
(a)
- Subject to the provisions of paragraph (b) of this subsection, the AEC shall for the purposes of the Associated Institutions Pension Fund Act,1963 (Act No 41 of 1963), be deemed to be an associated institution 11
0 (b)-
The AEC may with approval of the hiinister, granted with the concunence of the hiinister of State Expenditure, institute and manage or cause to be managed a pension or provident fund or an alternative pension or provident fund for its employees 14.
Delegation of powers and assignment of functions,-(l) The hiinister may in writing delegate any power granted to him in terms of section 21 or 22 to the Board of Directors or, alter sonsultation with the Board of Directors, to the council or the South Afr:can Council for the Non-Proliferation of Weapons of hiass Destruction establi.hed by section 4 of the Non-Proliferation of Weapons of hiass Destruction Act,1993, cr any other peran (2)
The Board of Directors may-(a) delegate any power granted to it by or under this Act to the chairman or a committee established under section 10, or (b) assign the performance of a function entrusted to the Board of Directors by or under this Act to the chairman or any other director, the chief executise oRicer or a committee established urider section 10.
(3)
The chief executive oflicer may-(a) delegate any power conferred upon him by or under this Act in his capacity as chief executive oDicer to an employee of the AEC, or (b) assign the performance of any ftmetion conferred on him by or under this Act in his capacity as chief executive oflicer or accounting 00icer to such an employee (4)
A delegation or assigrment under subsections (1) and (2) may be made subject to such conditions and restrictions as may be determined by the hiinister or the Board of Directors as the case may be, and may be withdrawn or amended by the hiinister or the Board of Directors as the case may be.
l (5)
The hiinister or the Board of Directors shall not be divested of a power or function l
delegated or assigned by him or it in term _s of subsection (1) or (2) and may, subject to the provisions of subsection (7), amend or withdraw any decision made in the i.
exercise of such delegated power.
(6)
A decision made in the exercise of a power so delegated and by which a right has been conferred upon any person, shall not be amended or )vithdrawn.
(7)
Where a power or function is delegated or assigned under subsection (1), or (2) to the l
holder of an onice, such delegation or assignment shall be deemed to have been made l
to the holder for the time being of the oRice or to any person at any time lawfully acting in his stead 15, Share capital.-(l)
The share capital of tFe AEC shall be that amount which the hiinister, with the concurrence of the hiinister of Finance, shall determine from time to time on the i
recommendation of the Board of Directors and shall be divided into _ ordinary shares of one rand cch (2)
The State shall take up shares in the AEC to such extent and in such marmer and subject to such conditions as the hiinister may, with the concurrence of the hiinister of Finance, determine 12
e-16.
1 imitation ofliability of State. The liability of the State as holder of the shares in the AEC shall be limited to the amount unpaid on shares held by it.
17.
Finance of AEC.-(l) The funds of the AEC shall consist of-(a) the share capital referred to in section 15; (b) money appropriated by Parliament to enable the AEC to perform its functions, (c) income derived by virtue of the exercise and performance ofits responsibilities and functions; (d) money raised or obtained by the AEC in terms of section 18; (e) the proceeds of the sale of shares and of dividends on shares held by the AEC in any company referred to in section 6(1)(a),
(f) donations or contributions received by the AEC from any person, institution, government or administration subject to ministerial approval (g) income or interest derived by virtue of subsection (4);
(2)
(a)
The AEC shall utilize its funds to defray expenses in connection with the performance ofits functions or the exercise ofits power.
(b)
The AEC shall use donations or contributions contemplated in subsection (1)(f) for such purposes and in accordance with such conditions as are 4
specified by the donor or contributor concerned, subject to ministerial approval.
(3)
The chief executive onicer may in respect of-(a) work performed, products manufactured or ser, ice rendered by employees of the AEC; or (b) the utilization of the AEC's facilities; or (c) rights resulting from any discovery, invention or improvement by the AEC, charge such fees or make such financial arrangements as is necessary, subject to ministerial approval (4)
The chief executive oflicer shall open an account in the name of the AEC with an institution registered as a bank in terms of the Banks Act,1990 (Act No 94 of 1990),
and shall deposit therein all money received in terms of this section (5)
The Board of Directors may, with the approval of the hiinister, granted with the consent of the hiinister of State Expr.nditure, invest any unspent part of the AEC's funds, and to use interest on such investments to defray expenses in connection with the perform: l ; of his functions.
(6)
The Btard of Directors may, with the approval of the blinister, granted with the consent of the hiinister of State Expenditure, authorize the establishment of sach reserve funds and the depositing of such amounts therein as it may deem necessary or desirable-13
4 (7)
The Board of Directors shall in each financial ear, at such time as determined by the 3
hiinister, submit a statement of the AEC's estimated income and expenditme during the following financial year to the hiinister for his approval, granted with the concurrence of the hiinister of State Espenditure (8)
The Board of Dhectors shall comply with the provisions of the Reporting by Public Entities Act,1992 ( Act No 93 of 1992) 18.
Loans. The Board of Directors may, with the approval of the Minister, granted with the concurrence of the hiinister of Finance, raise money by way of loan, or otherwise obtain money at such rate ofinterest and on such condi; ions as the Board cf Directors may deem tit, and may issue debentures and, if necessary, provide security or make provision for the repayment of money so raised or obtained 19.
Accounting officer and accounting.-(!) The chief executise officer shall be the accounting ollicer of the AEC.
(h The accounting ollicer shall perform the ftmetion entrusted to him by this Act, the Reporting of Public Entities Act,1992 ( Act No. 93 of 1992), or any other law or by the Board of Directors or by the hiinister (3)
The financial year of the AEC shall end on 31 hlarch in each year.
CHAPTER 111 INTERNATIONAL S AFEGUARDS 20.
Application of Nuclear Non Proliferation Treaty and Safeguards wreement -
(1)
Whereas South Africa acceded to the Nuclear Non-Proliferation Treaty on 10 July 1991 and entered into the Safeguards Agreement with the I AEA on 16 September 1991 in order to timeously deteet and deter the diversion of nuclear material intended to be used for peaceful nuclear activities, to the manufacture of nuclear weapons or of other nuclear explosive devices or for any other unknown purposes, the Council for Nuclear Safety of South Africa acts on behalf of the State as the national authority responsible for the implementation of the said Safeguards Agreement (2)
In order to fulfdl the responsibilities referred to in subsection (1)-
1 (a) the CNS shall continuously liaise with the IAEA in respect of-(i) negotiations ca subsidiary arrangements to the Safeguards Agreement, la
o.
j (ii) the supply and maintenance of information regarding the design of l
nuclear installations and sites, (iii) the furnishing of such reports as required by the Safeguard Agreement and the subsidiary arrangements; i
(iv) request for exemption from or termination of safeguards on nuclear
- material, (v) the provision of facilities to and support ofinspectors of the I AEA; (vi) the selection ofinspectors nominated for the llepublic by the I AEA; (vii) the accompaniment ofl AE A iwectors during inspections, (viii) the handling of the import into and export from ine Republic of equipment and samples of the I AEA; (b)
The CNS may, subject to ministerial approval issue instructions in respect of-(i) measuring methods and systems; (ii) procedures for the handling of shipper receiver dilTerences in respect i
of nuclear material; (iii) the undertaking of periodic physical stocktaking of nuclear material, (iv) the operation of material accounting syrtems; (v) the keeping of records and reporting; (vi) the provision of information regarding the design and changes to designs of nuclear installations and sites; (vii) the provision of information on the import into, and export from, the Itepublic of nuclear material and nuclear re'ated equ:pment and material (viii) applications for the exemption of or termination of safeguards on nuclear material.
(ix) the physical protection of nuclear material; (c) tLe CNS may, subject to.ninisterial approval,.
l (i) undertake the arrangement and verification of the physicalinventory of nuclear material, (ii) undertake inspections; (iii) verify measuring methods and systems; (iv) take and analyse samples; (v) take independent measurements 01.:uclear material, (d) the CNS may apply such measures as it may deem necessary regarding the containment and surveillance of nuclear material (3)
Any person in possession of, using, handling or processing nuclear material shall-(a) keep the prescribed records; l
(b) submit the prescribed repons to the CNS (c) perform the prescribed measurements on nuclear material and maintain the prescribed measuring control programmes; l ~
(d) provide the CNS with information regarding design and changes to designs of nuclear installations and sites in the prescribed manner; (c) undertake periodic prescribed physical stocktaking of nuclear material, t
(f) in the prescribed manner give prior notice of the import and export of nuclear material and nuclear related equipment and material, i
15 i
i
,.n
...,c
(g) implement and mamtain inc piescribed phpical protectise measures in tespect of nuclear material.
(h) without delay sepoit to the CNS any loss of nuclear materialin eseess of the prescribed limits.
(i) in the prescribed manner proside the CNS with periodic schedules of planned activities; (j) allow inspectors of the l Al:A and auth 3rited persons of the CNS to carry out inspections without any hindrance (4)
Allinformation disclosed or supplied to any peison in terms of any provision of this Ci pter, shall be treated by him as con'idential and he shall use it only for the l
purposes of the application of the Nuclear Non proliferation Ticaty and the Safeguards Agreement.
21.
Authorization for acquisition or possession of, and carr, sing out of certain,actisitics in respect of, nuclear material, restricted material and nuclear related equipment and material.-(l) Except with the written authority of the hiinister, no person. institution.
organisation or entity, shall.
(a) be in possession of any source material,'unless he has come into possession thereof as a result of prospecting. reclamation or mining operations lawfully undertaken by him.
or unless he is in pos..sion of such material on behalf of a person who has so come into possession of such material or unless he has in any other manner lawfu 3 acquired such material, (b) acquire, use or dispose of any source material, (c) import any source materialinto the llepublic; (d) process, enrich or : process any source material, (c) acquire or be in possession of any special nuclear material, (f) impon any special nuclear materialinto the llepublic, (g) use or dispose of any.special nuclear material; (h) process, enrich or reprocess any spechd nuclear material.
(i) acquire or be in possession of any re.tricted material, (j) import any restricted material into the Repubhc; (i) use or dispose of any restricted material.
(1) produce nuclear energy, (m) manufacture or otherwise produce or acquire, possess or dispose of uranium hexatluoride (Uli),
(n) import uranium hesatluoride ufo)into the Republic, (c) manufacture, acquire, possess or dispose of nuclear fuel, (p) import nuclear fuelinto the Republic; (q) manufacture or otherwise produce, import, acquire, possess, use or dispose of nucles related equipment and material (2)
Any authority under subsection (1) may be granted subject to such condition > as the hiinister may in his discretion impose H.
~~.
~
_.,-m
r (3)
Any authority granted by the hiinister under subsection (1) and any conditions imposed by him under subsection (2) shall be granted or imposed by him only aller consultation with CNS.
(4) in the event of an application for an authorization being refused, the hiinister shall in writing inform the applicant of his decision, stating the reasons for such decision (5)
A Nuclear Power Station in South Africa shall import source material or special nuclear material or nuclear related equipment as required to meet its needs 'lhe Power Station hianager as a nuclear qualified and nuclear comr ent person shall be responsible to the hiinistry of hiinerals and Energy for all activities described in subsection (1) Delegation of this responsibility can only be made to a nuclear qualified and nuclear competent person and such delegation must be approved by the CNS.
i l
22.
Ihport of nuclear material, restricted material and nuclear related equipment and i
material.-(l) Except on the written authority of the htinister, no person shall ex;urt from the l
Republic source material, special nuclear material or restricted material or nuclear relatei.
equipment and material (2)
An authority under subsection (1) may be granted on such conditions as the blinister may in his discretion impose, but taking into account the provisions of the Nuc' eat Non Proliferation Treaty, the Safeguards Agreement or other similar agreements with other institutions or other governments Provided that the export of source material, special nuclear material and restricted material and the equipment and material referred to in subsection (1)-
(a) to a nuclear weapons staa shall at all times be subject to the condition that the material and the couipment may be used for peaceful purposes only, (b) to a non nuclear weapons state shall always be subject to the condition that the material and the equipment shall at all times be subject tc comprehensive international safeguards.
(3)
An> aut. ority granted by the hiinister under subsection (1) and the conditions imposed by him under subsection (2) shall be granted and imposed by him only afte:
consultation with the CNS.
(4) in the event of an application for an authonzation being refused, the hiinister shall in writing inform the applicant of his decision, stating the reason for such decision (5)
A Nuclear Power Station in South Africa shall export source material, special nuclear material on nudear related equipment as required to meet its needs The Power Station hianager as a nuclear qualitied and nuclear competent person shall be responsible to the htinistry of hiinerals and Energy for all activities described in subsection (2) Delegation of this responsibility can only be made to a nuclear qualified and nuclear competent person and such delegation must be approved by the CNS.
17
~
23, Furnishing ofinformation and reports.- (1) The hiinister may direct any perion to whom an authority was granted under section 21 or 22 to furnish returns of.
(a) any source material, restricted material or special nuclear material acquired by him or in his possession or under his control, (b) any nuclear related equipment or material acquired by him or in his possession or under his control, t
(c) any other information in his possession to any work carried out by him or on his behalf or under his direction in connection with the production, use, processing, enrichment or reprocessing of source material, restricted material, special nuclear material or nuclear energy, or in connection with research in respect of matters connected therewith.
(2)
Returns referred to in subsection (1) shall contain such particulars and be accompanied by such plans, drawings and other documents as are specified la the notice concerned 24, inspection or investigation.. (1)(a) Any person, organization or entity authorized thereto in vriting by the hiinister may, subject to paragraph (b), at all reasonable times enter any place or go upon any land, to determine whether the conditions of an authority referred to in section 23 (1) are being complied with, or where he has reasonable grounds to suspect that any niaterial, substance, equipment or plant referred to in the said section may be present or may be carried out or is situated, and may at that place or on that ground cany out such it.spections and conduct such investigations as he may deem necessary or expedient.
(b)
The hiinister shall issue, or cause to be issued, to a person authorized under paragraph (a) a duly authenticated document to the efTect that he has been so authorized, and in the exercise of his power that person shall on demand produce such document.
(2)
(a)
An authorized person referred to in subsection (1) shall, before carrying out an inspection or conducting any such investigation in terms of the said subsection, consult with appropriate persons having duties upon the site or place in question to determine whether the cairying out of any such inspection or the conducting of any such investigation will be injurious to any person's health, or will cause injury to any person or damage to any property.
(b)
In the event of disagreement as to whether the proposed inspection or investigation would or would not be likely to have any effect contemplated in paragraph (a), the said authorized person shall refer the question to the hiinister or his appointee, who shall decide thereon.
(3)
Any person carrying out the inspection or conducting the investigation may make copies of or excerpts from any drawing, plan or other document found at the place or 18
3 on the land, and in any way take samples of any mineral, material or substance found in, on or under the surface of the place or land in question, and may, for the purpose of making copies or execrpts or of conducting tests or investigations, remove such a drawing, plan or document and retain possession thereof for a period not exceeding l
60 days, and may also tequire the submission of such documents as he may deem j
necessary.
(4)
The Department of hiinerals and Energy shall not be obliged to return any samples taken under subsection (3) to the owner of the land, place or site in question, or to j
compensate the owner therefor, (5)
The authorized person referred to in subsection (1) may use such apparatus and equipment as he may need and may take with him such persons as he may deem necessary to assist him in the exercise of his powers ur der this section.
j (6)
The said authorized person shall at the conclusion of his inspection or investigation l
without delay subrnit a written report thereon to the hiinister or hiinister's appointee (7)
If the hiinisters appointee on the strength of the report contemplated in subsection (6) is of the opinion that any activity or condition connected with nuclear material or i
nuclear related equipment and material, whether or not such activity or condition is j
relevant to any criminal offence under this Act, does not comply with the provisions and objects of the Nuclear Non-Proliferation Treaty and the Safeguards Agreement,
)
or any similar agreement with any other institution or government, he shall notify the
]
hiinister accordingly.
(8)
The hiinister may in writing require that the activity in question be discontinued forthwith or that the condition in question be cleared away forthwith in such manner i
and subject to such conditions as he may determine.
25.
Patents for inventions in rcspect of nuclear material, restricted material, nuclear j
energy and nuclear related equipment and material.-(l) The Patents Act,1978 (Act No.
$7 of 1978) shall apply.
CHAPTER IV RESPONSIBILITIES OF THE AEC IN RESPECT OF SOURCE hiATERIAL, SPECI AL NUCLEAR MATERIAL, RESTRICTED h1ATERIAL, RADIOACTIVE WASTE AND IRRADIATED FUEL 26.
Acquisition by State of source material and special nuclear material.-(l) The Minister may, at any time when in his opinion the natior.al interest so requires, acquire or cause to be 19
.~
t acquired by purchase, lease or expropriation any source material which has been mined or processed and any special nuclear material.
(2)
The control of all source material and special nuclear material acquired by the State under.ubsection (1) shall vest in the Department of hiinerals and Energy.
(3)
The hiinister shall, in respect of any expropriation,f source material or special nuclear material under subsection (1), pay to the owner thereof such compensation as may be agreed upon by the hiinister, with the consent of the hiinister of State Expenditure, and the owner or, failing such agreement, as may be determined by arbitration l
(4)
The provisio.n c-g
- inn 7,8 and 9 of the Expropriation Act,1975 (Act No 63 of 1975), shall nnsto e,+ahs apply in respect of each expropriation under subsection -
(1).
27.
Power of AEC in respect of radioactive material,- Notwithstanding anything to the contrary contained in any other law, the AEC or a subsidiary company may produce or othenvise acquire, or dispose of, or import into or export from the Republic, or be in possession of, or use the premises of the AEC or a subsidiary company, or convey or cause to be conveyed, any radioactive material, subject to ministerial approval.
28 Control over discarding of radioactive waste and storage of irradiated nuclear fuel,<
Subject to the provisions of section 29, the authority over discarding of radioactive waste and the storage ofirradiated nuclear fuel shall vest in the hiinister.-
29 Discarding of radioactive waste and storage of irradiated nuclear fuel..(1) Subject to i
authorities granted from time to time in terms of the llazardous Substances Act,1973 (Act No.15 of 1973), no person may, except on the written authority of the hiinister, in any manner discard any radioactive waste or cause it to be discarded.
(2)
No person shall, except on the written authority of the hiinister, store any irradiated nuclear fuel or cause it to be stored.
(3)-
An authority under subsection (1) or (2) may, in addition to the conditions contained in a nuclear licence, be granted on such conditions as the htinister may in his discretion impose.
30.
- Reporting of information on occurrence of source material,- (1) Any person who by virtue of information obtained in the course of prospecting or mining operations or of I
carrying out any scientific investigation or a c':emical or metallurgical process, or otherwise,
- has reason to believe that any source material occurs at any place, shall within a period of 30 20
.,_._. _ _ ~..___ _._
I days aller he has deseloped such behef submit to the Department of hiinerals and Energy a written report regardmg the matter, containing full paniculars of the ground on which his behefis based and full pattieulan of the place where it occurs l
(2)
Notwithstanding anything to the contrary containel in any other law, the Niinister shall have access to and the use of all information in respect of mineral values which must be made available to the Department of $1inerals and linergy under the provisions of any law provided that-(a) no information obtained under this subsection may be furnished to anyone outside the senice of the Department without the written permission of the person from uhom such information is derived, and (b) the Depanment may use the said information only for feasibility anJ other studies with tespect to resene of source materialin the Republic, or matters incidental thereto 31.
Prosision of radioactise material for research, dnclopment and training purposes.-
The hiinister may, as far as is practicable, having regard to the public interest and safety.
make available for nuclear research and technology deselopment and for the training of persons to qualify them to engage in nuclear research and technology development. such quantities and kinds of nuclear material, radioactise material and nuclear related equipment and material as the Council for Nuclear Safety adsise, having regard to the quantities thereof available.
CilAPTER Y GENERAL PROVISIONS 32.
l'urnishing of reasons by.Tlinister. When the hiinister is in the exercise of any power in terms of this Act of the opinion that it is in the interests of the security of the State that the reasons for his esercise or his proposed exercise of such power be not disclosed, he need not disclose those reasons to any person atrected or to be alTected thereby 33.
Powers of Al:C in connection with security of property and premises.-(t)1he AEC may make or cause to be made such arrangements as it may deem necessary for the proper protection, defence or security of property which belongs to or is unde; the control of the AEC or a subsidiary company, or is on any place on which activities of the AEC or a subsidiary company are performed (2)
Any person authorized thereto in writing by the chief esecutive otlicer, as the case may be, may-21
0 (a) semch a person or schicle which is on any place referred to in subsection (1).
and may open and investigate any container or parcel which is in the possession of that person or is on or in that vehicle.
(b) attach any object which is in the possession of a person referred to in paragraph (a) or on or in such vehicle and which-(i) belongs to the AEC or a subsidiary compny or is under the control of the AEC or a subsidiary company, or (ii) constitutes in his opinion a thleat to the security of the property of the AEC or a subsidiary company or the CNS or the Security of a property under the contiol of the AEC or a subsidiary company, but excluding an object which is in the possession of such person for the purposes of the performance of the function of the AEC or a subsidiary company; and 34.
Recoscry of losses and damage from persons in employment of AEC or subsidiary company. -(l) If any person who is or was in the employment of the AEC or a subsidiary company, causes loss or damage to the AEC or the subsidiary company in that he-(a) failed to collect the money due to the AEC or the subsidiary company, while being responsible for the collection of such money; (b) is or was responsible for an irregular payment of money of the AEC or the subsidiary company, or for a payment of such money not supported by a proper voucher, (c) is or was responsible for a fruitless expenditure of money of the AEC or the subsidiary company owing to an omission to carry out his duties, (d) is or was responsible for a deficiency in, or the destruction of, or damage to, the money, stamps face value documents and forms having a potential value, securities equipment and stores or other property of the AEC or the subsidiary company, (e) is or was responsible for a claim against the AEC or the subsidiary company due to an omission to carry out his duties, the accounting oflicer referred to in section 19 in the case of the AEC or a subsidiary company, shall determine the amount of such loss or damage, and may order by notice in writing the said person to pay to the AEC or the relevant subsidiary company, within 30 dap from the date of such notice the whole or any part of the amount so determined (2)
If any person who is in the employment of the AEC or a subsidiary company and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the amount may, subject to the provisions of subsections (4), (5) and (6), be deducted by the AEC or the subsidiary company in question, from his monthly salary. Provided that such a deduction shall not in any month exceed one fourth of his monthly salary.
(3)
If a person who was in the employment of the AEC or a subsidiary company and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the relevant accounting ollicer may, subject to the provisions of subsection (3), (4) and (5), recover such 22
=
.~n
amount or behalf of the AEC or the subsidiary company in question, 00m such per son by legal process (4)
If any person who has been ordered to pay an amount under subsection (1), on'ers, within the period stipulated in the notice in question, to pay the amount in j
installments, the accounting 00icer concerned may allow payment in such installments as he may consider reasonable l
(5)
Any person who has in terms of subsection (1) been ordered to pay an amount may, within a period of 30 days from the date of such order, appeal to the lloard of Directors or such council, stating the grounds for his appeal, and the lloard of Directors or such council may, aner such furthe investigation as it may deem necessary, dismiss the appeal or order that the appehsit be exempt either wholly or partly from the payment of such amount, as the lloard of Directors may consider fair and reasonable.
(6)
Any person who has been ordered in terms of subsection (1) to pay an amount map instead of appealing to the lloard of Directors or the council und:: subsection (5).
apply within a period of 30 days from the date of the order, or within such furthei period as the court may allow, to a competent court for an order setting aside such order or reducing the relevant amount, and the court may thereupon, if it is not convinced on the merits of the case by the accounting 00icer concerned that the ordet uas rightly made or that the amount is correct, make an order setting aside such order or reducing that amount, as the case may be (7)
If an amount is reduced under subsection (5) or (6), the amount so reduced shall mutain mutandn be recovered in terms of the provisions of subsection ',1)J2)J3) and (4) 34, Discoscries, inventions and improsements by employees of Al:C and other persons.4l)
Subject to the provisions of subsection (4) and (5), the rights in all discoveries, inventions and improvements made by employees of the AEC in the course of their work as employees of the AEC, shall vest in the AEC, and the lloaid of Directors may make such discoseiie.s inventions or improsements asailable for use in the public interest, subject to such conditions and the payment of such fees and royalties as he may determine.
(2)
The 130ard of Directors may in respect of any such discoscries, insention or improvement the rights of which are vested in the AEC, pay out ofits funds to the employee concerned such bonus or such other financial benefit as the lloard of Directors may determine.
(3)
(a)
The chief executive onicer as agreed with the M;nister may apply on behalf of the AEC for a patent for any insention or improvement referred to in subsection (1), and the AEC shall for the purposes of the I atent Act,1978
( Act No 57 of 1978), be regarded as the cessionary of the inventor 23
e (b)
~lhe chief esecuthe ollicer may direct the registrar of patents to keep secret any such invention and the manner in w hich it is to be applied (4)
The rights in any diseosery, insention or improvement made by employees of the AEC in the course of work done on behalf of or for the benefit of another person or institution, shall vest in the AEC, unless otherwise agreed upon between the Alic and the pet son or institution concerned (5)
The rights in any diseosery, invention or improvement made in the course of work or during a special investigation done or carried out by any person or institution on behalf of or for the benefit of the AEC shall sest in the AEC, or in the other person er institution, or jointly in the Ai!C and the other person or institution, as agreed upon in writing beforehand by the parties, and the party or parties in whom the rights in the invention or improvement are vested, may apply for a patent for such invention or aprovement.
36.
Proceedings in camera, In the case of-(a) chil proceedings, or (b) arbitration proceedings in terms of the Arbitration Act,1965 ( Act No 42 of 1%5),
in connection with any dispute arising out of this Act, the court or the arbitration tribunal as the case may be, may, if it deems it necessary in the national interest, direct, hat the proceedings concerned be held m camcar or that the public be escluded from attendance 37, Application of and esemption from certain laws,- (1) Subject to the prosisions of subsection (2), the provisions of the Companies Act,1973 (Act No. 61 of 1973), shall not apply in respect of the AEC.
(2)
The hiinister may, by notice in the Gazette, apply to the AEC any provision of the Companies Act, 1973, or of another law, with the amendment, adjustments and exceptions stated in the notice (3)
In the same manner the h!inister may esempt the AEC from the provisions of the laws referred to in the notice, to the extent so stated 38, llegulations,-(1) The Afinister may make regulations as to.
(a) any matter required or permitted to be prescribed under this Act, and (b) in general, all matters in respect of which he may deem it necessary or expedient to make regulations to achieve the objects of this Act (2)
Any regulation made under subsection (I) may provide that any person contrasening such regulation or failing to comply therewith, shall be guilty of an otrence and liable 24
on consiction to a fine or to imprisonment not exceeding ten years, or to both a One and such imprisonment 39 Iteproduction of documents of Al:C.- (1) The AEC may reproduce or cause to be reproduced documents in its possession or under its control by microfilming or any other process which in its judgment reproduces such a document in a durable and accurate manner, and may keep or cause to be kept the reproJaction instead of the o:iginal document in question (2)
Any reproduction referred to in subsection (1) Shall for the purposes of this Act be deemed to be the relevant original document, and a copy obtained by means of such a reproduction and which has been certified by the chief executive onicer or the l
executive 00icer, or an oDicer authorized by the chief esecutive 00icer or the executive 00icer, as a true copy, shall be conclusive evidence in any court oflaw of l
the contents of the original document in question 1
40.
1:xemption from duties und fees. The AEC shall be exempted from the payment of any duties or fees which, but for the provisiens of this section, would in terms of a pre.ision of any law (except the Customs and Excise Act,1964 ( Act No 91 of 1964), or the Value-Added Tas Act,1991 ( Act No 105 of 1991), have been payable to the State by the Al:0 in respect of any act or transaction or in respect of any document connected with any act of transaction 41.
1)isclosure of informntion.- (1) Subjec: to the provisions of subsection (2), no employees of the AEC, a subsidiary company or any person who is or was in any other way inv A ed in the activities of the AEC, or any other person, who has obtained information of the activities of the AEC which is not yet public knowledge, may, except with the written authorization of the chief executive oDicer, make known, transmh c-otherwise disclose to any person any uch information so acquired (2)
The provisions of subsection (1) shall not prohibit the disclosute or publication of information by any person ieferred to in subsection (1).
(a) in so far as it is necessary for the purposes of the performance of his functions in terms of this Act or in so far as it is required by him or under any other law, or (b) to the Auditor General (3)
For the purposes of this section "information" shall include anything purporting to be information or containing or providing information 25 i
e, 4
-g i
j 42.
Offences and penalties.- (1) Any person who contravenes or fails to comply with a provision of this Act or any condition, notice, order, instruction, prohibition, authorization.
permission, exemption, cenificate or document determined, given, issued, promulgated or granted by or under this Act by the hiinister.
4 43, Provisos.-(1) On the fixed date anything done before such date in terms of the provisions of the Nuclear Energy Act,1983, and which can be done in terms of the provisions of this Act.
4 shall be deemed to have been done in terms of this Act 1
(2)
If any matter has not been completed on the fixed date by the Atomic Energy Corporation of South Africa, Limited, established by section 4 of the Nuclear Energy i
Act 1993, or by a committee thereof, the AEC may continue with the completion of that matter in accordance with the stipu'ations of this Act, and anything done by the 3
former corporation in connection with that matter, shall be deemed to have been done j-by the AEC, as the case may be, in tei ns of thi: Act.
I (3)
A regulation or notice issued in terms of the Nuclea Energy Act,1793, and which could be issued under this Act shall remain in force until it is replaced by a regulation or notice issued under this Act.
I j-(4)
The person who occupied the post of chief executive ofiicer of the Atomic Energy Corporation of South Africa, Limited, immediately before the fixed date, shall from l
tha date be required to re apply for the position and if re appointed, he shall be appointed according to such conditions of sersice and with such remuneration as the j
hiinister may decide.
t l
(5)
The person who, before the fixed date, were appointed as member of the management
{.
board by the board of directors referred to in section 8(9) and who served as such at
~
that date, shall be deemed to have been appointed in terms of section 12 of this Act.
4 44.
Arrendments.- Amends section 1 of the liazardous Substance Act, No.15 cf 1973, by substituting the definition of" Group IV hazardous substance" see title PUBLIC IIEALTil.
1-i 45.
Repeal oflaws. The laws mentioned in the schedule are hereby repealed.
J-46.
Short title and commencement. This. Act shall be called the Nuclear Energy Act,1997, and shall come into operation on a date fixed by the State President by proclamation in the Gantte.
26
o, g'*
t
,t Scliedule LAWS REl'EALED (SECTION 45)
No. and year of taw Shon title Act No. 92 of 1982 Nuclear Energy Act Act No. 21 of 1985 Nuclear Energy Amendment Act Act No. 43 of 1987 Nuclear Energy Amendment Act Act No. 56 of 1988 Nuclear Energy Amendment Act Act No. 20 of 1991 Nuclear Energy Amendment Act Act No 131 of 1993 Nuclear Energy Act 4
4 f
5 27
.