National Nuclear Regulator Act, 1999

Act 47 of 1999

National Nuclear Regulator Act, 1999

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Act 47 of 1999

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South Africa

National Nuclear Regulator Act, 1999

Act 47 of 1999

Published in Government Gazette 20760 on 23 December 1999
Assented to on 20 December 1999
Commenced on 24 February 2000
Note: See section 56(2)
[This is the version of this document from 4 June 2025.]

[Amended by National Nuclear Regulator Amendment Act, 2024 (Act 26 of 2024) on 4 June 2025]

(English text signed by the Deputy President.)ACTTo provide for the establishment of a National Nuclear Regulator in order to regulate nuclear activities, for its objects and functions, for the manner in which it is to be managed and for its staff matters; to provide for safety standards and regulatory practices for protection of persons, property and the environment against nuclear damage; and to provide for matters connected therewith.BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Chapter 1
Interpretation

1. Definitions

In this Act, unless the context indicates otherwise—"action" [definition of "action" deleted by section 1(a) of Act 26 of 2024]"activity" means—(a)the use, possession, production, storage, enrichment, processing, reprocessing, or disposal of radioactive material;(b)the import and export of radioactive material for industrial use, research, medical treatment and diagnosis;(c)the transporting, or causing to be transported, of radioactive material;(d)manufacturing of design packages intended for storage or transport of radioactive material;(e)the site evaluation, design, manufacturing, construction, commissioning, operation and decommissioning of facilities;(f)radioactive waste management activities and site rehabilitation; and(g)any other activity involving radioactive material;[definition of "activity" inserted by section 1(b) of Act 26 of 2024]"administrative fine" means a fine imposed by the Regulator as contemplated under section 47;[definition of "administrative fine" inserted by section 1(b) of Act 26 of 2024]"aircrew" means flight crew, cabin crew and any person employed by the aircraft operator to perform a function on board the aircraft while it is in flight;[definition of "aircrew" inserted by section 1(b) of Act 26 of 2024]"authorisation" means a written permission in the form of—(a)a nuclear licence;(b)a nuclear site licence;(c)a nuclear vessel licence;(d)a certificate of registration;(e)a certificate of exemption;(f)an authorisation to manufacture; or(g)any other written permission granted by the Regulator;[definition of "authorisation" inserted by section 1(b) of Act 26 of 2024]"authorisation holder" means the holder of an authorisation, granted by the Regulator;[definition of "authorisation holder" inserted by section 1(b) of Act 26 of 2024]"authorisation to manufacture" means a written permission to manufacture component parts important to nuclear or radiation safety;[definition of "authorisation to manufacture" inserted by section 1(b) of Act 26 of 2024]"board" means the Board of Directors as referred to in section 8(1);"certificate of exemption" means a certificate referred to in section 22(1);"certificate of registration" means a certificate referred to in section 22(1);"chief executive officer", means the person appointed as such in terms of section 15(1);"clearance" means the removal of regulatory control over radioactive material or radioactive objects within authorised activities and facilities;[definition of "clearance" inserted by section 1(c) of Act 26 of 2024]"closure" means the completion of all technical and administrative operations after the disposal of radioactive waste in a disposal facility;[definition of "closure" substituted by section 1(d) of Act 26 of 2024]"Compensation for Occupational Injuries and Diseases Act" means Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);[definition of "Compensation for Occupational Injuries and Diseases Act" inserted by section 1(e) of Act 26 of 2024]"cosmic radiation" means radiation that originates in outer space, and which is composed of subatomic particles and rays of energy such as gamma rays and X-rays;[definition of "cosmic radiation" inserted by section 1(e) of Act 26 of 2024]"decommissioning" means all processes and actions, including decontamination and dismantling, leading to the release or partial release of a facility other than that part of a disposal facility in which radioactive waste has been disposed from regulatory control;[definition of "decommissioning" inserted by section 1(e) of Act 26 of 2024]"discharges" means planned and controlled releases into the environment, as a legitimate practice, within limits authorised by the Regulator, of liquid or gaseous radioactive material that originates from regulated facilities during normal operation;[definition of "discharges" inserted by section 1(e) of Act 26 of 2024]"disposal" means the emplacement of radioactive waste in a disposal facility without the intention of retrieval;[definition of "disposal" inserted by section 1(e) of Act 26 of 2024]"dose" means a measure of the energy deposited by radiation in a target;[definition of "dose" inserted by section 1(e) of Act 26 of 2024]"Council for Nuclear Safety" [definition of "Council for Nuclear Safety" deleted by section 1(f) of Act 26 of 2024]"enrich" means increase the ratio of an isotopic constituent of an element to the remaining isotopic constituents of that element relative to the naturally occurring ratio, and "enrichment" has a corresponding meaning;"exemption" means the determination by the Regulator that a source, facility or activity is not subject to some or all aspects of regulatory control, on the basis that the exposure (including potential exposure) due to the source, facility or activity is too small to warrant the application of those aspects, or that this is the optimum option for protection irrespective of the actual level of the doses or risks;[definition of "exemption" inserted by section 1(g) of Act 26 of 2024]"facility" means nuclear facility, radiation facility, facilities where mining and processing of radioactive ores are carried out, radioactive waste management facility, and any other places where radioactive material is produced, processed, used, handled, stored or disposed of, on such a scale that protection and safety is required;[definition of "facility" inserted by section 1(g) of Act 26 of 2024]"financial year", in relation to the Regulator, means the period contemplated in section 18;"inspector" means the person appointed as such in terms of section 41(1);"ionizing radiation" means radiation capable of producing ion pairs in biological materials;[definition of "ionizing radiation" substituted by section 1(h) of Act 26 of 2024]"Minister" means the Minister responsible for Mineral Resources and Energy;[definition of "Minister" substituted by section 1(i) of Act 26 of 2024]"National Dose Register" means centralised radiation dose record system that contains the dose records of individuals who are monitored for occupational exposures to ionizing radiation;[definition "National Dose Register" inserted by section 1(j) of Act 26 of 2024]"nuclear accident" means any occurrence or succession of occurrences having the same origin which—(a)results in the release of radioactive material, or a radiation dose, which exceeds the safety standards contemplated in section 36; and(b)is capable of causing nuclear damage;"nuclear authorisation" [definition of "nuclear authorisation" deleted by section 1(k) of Act 26 of 2024]"nuclear damage" means—(a)any injury to or the death or any sickness or disease of a person;(b)other damage, including any damage to or any loss of use of property or damage to the environment;(c)economic loss arising from loss or damage referred to in (a) or (b) above;(d)the cost of measures of reinstatement of impaired environment, unless such impairment is insignificant, if such measures are actually taken or to be taken;(e)loss of income, deriving from an economic interest in any use or enjoyment of the environment, incurred as a result of a significant impairment of that environment;(f)the costs of preventive measures, and further loss or damage caused by such measures;(g)any other economic loss, other than any loss caused by the impairment of the environment,which arises out of, or results from, or is attributable to, the ionizing radiation associated with a nuclear facility, nuclear vessel or activity;[definition of "nuclear damage" substituted by section 1(l) of Act 26 of 2024]"nuclear facility" means any facility within the nuclear fuel cycle, other than the mining and processing of ore, including but not limited to a—(a)nuclear power plant;(b)research reactor;(c)fuel fabrication plant;(d)nuclear reprocessing facility;(e)uranium, thorium, or plutonium refinement or conversion facility;(f)uranium enrichment facility;(g)nuclear reactor, including a nuclear fission reactor or any other facility intended to create nuclear fusion;(h)spent nuclear fuel storage facility;(i)storage facility for enriched uranium processing;(j)facility specifically designed to handle, treat, condition, temporarily store or permanently dispose of any radioactive material which is intended to be disposed of as waste material, other than a facility which only handles radioactive waste resulting directly from the mining and processing of ore; or(k)any facility, installation, plant or structure declared to be a nuclear facility in terms of section 2(3);[definition of "nuclear facility" inserted by section 1(n) of Act 26 of 2024]"nuclear energy" [definition of "nuclear energy" deleted by section 1(m) of Act 26 of 2024]"nuclear incident" [definition of " nuclear incident" deleted by section 1(m) of Act 26 of 2024]"nuclear installation" [definition of "nuclear installation" deleted by section 1(o) of Act 26 of 2024]"nuclear licence" means a licence referred to in section 21(1);[definition of "nuclear licence", previously "nuclear installation licence", substituted by section 1(p) of Act 26 of 2024]"nuclear material" means plutonium-239, uranium-233, or uranium enriched in the isotopes uranium-233 or uranium-235, or any other material determined to be nuclear material in terms of the Nuclear Energy Act, 1999 (Act No. 46 of 1999);[definition of "nuclear material" inserted by section 1(q) of Act 26 of 2024]"nuclear or radiation accident" means any unintended event, including but not limited to, operating errors, equipment failures, unauthorised acts or malicious acts, the safety significance of which exceeds the levels prescribed in the safety and related security standards contemplated in section 36;[definition of "nuclear or radiation accident" inserted by section 1(q) of Act 26 of 2024]"nuclear or radiation incident" means any unintended event, including but not limited to, operating errors, equipment failures, initiating events, accident precursors, near misses, other mishaps, unauthorised acts or malicious acts, the safety significance of which exceeds the levels prescribed in the safety and related security standards contemplated in section 36;[definition of "nuclear or radiation incident" inserted by section 1(q) of Act 26 of 2024]"nuclear or radiation emergency" means a non-routine situation, involving radiation, which necessitates the taking of prompt response actions, to prevent or mitigate potential nuclear damage;[definition of "nuclear or radiation emergency" inserted by section 1(q) of Act 26 of 2024]"nuclear site licence" means a licence referred to in section 21(2);[definition of "nuclear site licence" inserted by section 1(q) of Act 26 of 2024]"nuclear reprocessing facility" [definition of "nuclear reprocessing facility" deleted by section 1(r) of Act 26 of 2024]"nuclear vessel licence" means a licence referred to in section 21(2);"period of responsibility" means the period beginning on the date of coming into force of the relevant authorisation and ending on the date on which the Regulator gives notice in writing to the holder of authorisation informing that they are relieved of further responsibility;[definition of "period of responsibility" substituted by section 1(s) of Act 26 of 2024]"plant" means any machinery, equipment or device, whether it is attached to the ground or not;"pre-construction activities" means the preparation of a site for the construction of a nuclear facility including initial earthworks and site levelling, preparation of construction roads, borrow areas, security infrastructure, dewatering, building of diaphragm wall and excavation and clearance to bedrock;[definition of "pre-construction activities" inserted by section 1(t) of Act 26 of 2024]"prescribed" means prescribed by regulation made in terms of section 47;"Public Finance Management Act" means Public Finance Management Act, 1999 (Act No.1 of 1999);[definition of "Public Finance Management Act" inserted by section 1(u) of Act 26 of 2024]"radiation" means ionizing radiation;[definition of "radiation" inserted by section 1(u) of Act 26 of 2024]"previous Act" means the Nuclear Energy Act, 1993 (Act No. 131 of 1993);"radioactive material" means any substance consisting of, or containing any radionuclide, whether natural or artificial;[definition of "radioactive material" substituted by section 1(v) of Act 26 of 2024]"radionuclide" means any unstable atomic nucleus which decays spontaneously with the accompanying emission of ionizing radiation;[definition of "radionuclide" inserted by section 1(x) of Act 26 of 2024]"radioactive waste" means material that contains or is contaminated with radioactive material at a concentration or activities greater than the prescribed clearance level and for which no further use is foreseen;[definition of "radioactive waste" inserted by section 1(x) of Act 26 of 2024]"radioactive nuclide" [definition of "radioactive nuclide" deleted by section 1(w) of Act 26 of 2024]"radioactivity" means the phenomenon whereby atoms undergo spontaneous random disintegration, usually accompanied by the emission of radiation;[definition of "radioactivity" substituted by section 1(y) of Act 26 of 2024]"Regulator" means the National Nuclear Regulator established by section 3;"site" means a defined geographical area that contains an authorised or proposed facility, activity or source over which the authorisation holder or applicant exercises direct authority;[definition of "site" substituted by section 1(z) of Act 26 of 2024]"site evaluation" means the analysing of those factors that could affect nuclear or radiation safety and security of a facility or activity on that site;[definition of "site evaluation" inserted by section 1(za) of Act 26 of 2024]"source" means anything that may cause radiation exposure including emission of ionizing radiation, or by releasing radioactive substances or material, and which can be treated as a single entity for protection and safety purposes;[definition of "source" inserted by section 1(za) of Act 26 of 2024]"specified date" means the date contemplated in section 56(2);"this Act" includes any regulations made in terms of section 47.

2. Application of Act and declaration of nuclear facility

[heading substituted by section 2(a) of Act 26 of 2024]

(1)Subject to subsection (2), this Act applies to—

(a)the site evaluation, design, manufacturing of component parts, construction, operation, extended shutdown, decontamination, decommissioning and closure of any nuclear facility;

(b)vessels propelled by nuclear power or having radioactive material on board which is capable of causing nuclear damage;

(c)radiation sources including devices in which they are incorporated;

(d)the decontamination, decommissioning and closure of any of the Republic’s National Defence Force facilities, equipment, machinery or scrap, including remediation or rehabilitation of land, which is designated for release for civilian use;

(e)exposure of aircrew to cosmic radiation; and

(f)any other activities involving radiation conducted in the Republic which are capable of causing nuclear damage.

[subsection (1) substituted by section 2(b) of Act 26 of 2024]

(2)This Act does not apply to—

(a)exposure to cosmic radiation at ground level or to potassium-40 in the body or any other radioactive material or activities not amenable to regulatory control as determined by the Minister, on recommendation by the board and by notice in the Gazette;[paragraph (a) substituted by section 2(c) of Act 26 of 2024]

(b)subject to section 41(4), any activity where the radioactivity concentrations of individual radioactive nuclides, or the total radioactivity content, are below the exclusion levels provided for in the safety standards contemplated in section 36;[paragraph (b) substituted by section 2(c) of Act 26 of 2024]

(c)[paragraph (c) deleted by section 2(d) of Act 26 of 2024]

(d)[paragraph (d) deleted by section 2(d) of Act 26 of 2024]

(e)naval vessels of a foreign state that are invited into the Republic through diplomatic channels; and[paragraph (e) added by section 2(e) of Act 26 of 2024]

(f)nuclear security matters undertaken in accordance with sections 33, 34 and 35 of the Nuclear Energy Act, 1999 (Act No. 46 of 1999).[paragraph (f) added by section 2(e) of Act 26 of 2024]

(3)For the purposes of this Act, the Minister may, on the recommendation of the board and by the notice in Gazette, declare any facility, plant or structure, including a mine or ore-processing facility, to be a nuclear facility.[subsection (3) substituted by section 2(f) of Act 26 of 2024]

Chapter 2
National Nuclear Regulator

3. Establishment of National Nuclear Regulator

(1)A juristic person known as the National Nuclear Regulator is hereby established, comprising of a board, a chief executive officer and staff.

(2)The Regulator is a schedule 3A public entity in terms of the Public Finance Management Act.

[section 3 substituted by section 3 of Act 26 of 2024]

4. Regulator successor to assets and liabilities of Council for Nuclear Safety

(1)On the specified date, all assets, rights, liabilities and obligations of the Council for Nuclear Safety pass to the Regulator.

(2)The Registrar of Deeds concerned must make such entries or endorsements as are necessary to give effect to subsection (1) in or on any relevant register, title deed or any other document in his or her office or submitted to him or her.

(3)No office fees or other moneys are payable in respect of such an entry or endorsement.

5. Objects of Regulator

The objects of the Regulator are to—

(a)provide for the protection of persons, property and the environment against the harmful effects of radiation associated with facilities and activities through the establishment of safety and related security standards and regulatory practices;[paragraph (a) substituted by section 4(a) of Act 26 of 2024]

(b)exercise regulatory control related to safety and related security over activities contemplated in section 2(1) of this Act, through the granting of authorisations;[paragraph (b) substituted by section 4(a) of Act 26 of 2024]

(c)[paragraph (c) deleted by section 2(b) of Act 26 of 2024]

(d)enforce compliance with the conditions of authorisations;[paragraph (d) substituted by section 4(c) of Act 26 of 2024]

(e)fulfil national obligations in respect of international legal instruments concerning nuclear and radiation safety;[paragraph (e) substituted by section 4(c) of Act 26 of 2024]

(f)ensure that requirements for nuclear and radiation emergency preparedness and response are in place; and[paragraph (f) substituted by section 4(c) of Act 26 of 2024]

(g)disseminate objective scientific, technical, and regulatory information concerning the activities of the Regulator and the effects on the environment and on the health and safety of persons, property and the environment from facilities and activities using radiation and nuclear technology.[paragraph (g) added by section 4(d) of Act 26 of 2024]

6. Co-operative governance

(1)To give effect to the principles of co-operative government and intergovernmental relations contemplated in Chapter 3 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), all organs of state, as defined in section 239 of the Constitution, on which functions in respect of the monitoring and control of radioactive material or exposure to ionizing radiation are conferred by this Act or other legislation, must co-operate with one another in order to—

(a)ensure the effective monitoring and control of the nuclear or radiation hazard;[paragraph (a) substituted by section 5 of Act 26 of 2024]

(b)co-ordinate the exercise of such functions;

(c)minimise the duplication of such functions and procedures regarding the exercise of such functions; and

(d)promote consistency in the exercise of such functions.

(2)The Regulator must conclude a co-operative agreement with every relevant organ of state to give effect to the co-operation contemplated in subsection (1).

(3)The Minister must, after consultation with the board and in consultation with the Ministers responsible for the relevant organs of state, make regulations regarding—

(a)time periods and procedures, including procedures for public participation and mechanisms for dispute resolution, in respect of the conclusion of co-operative agreements referred to in subsection (2);

(b)matters that must be provided for in co-operative agreements, including, but not limited to, provision for—

(i)time periods for the implementation of co-operative agreements;

(ii)the co-ordination of the functions referred to in subsection (1) in a manner that avoids unnecessary duplication and omissions regarding safety requirements and the issuing of conflicting instructions;

(iii)measures to be taken in the event of non-compliance with a co-operative agreement;

(iv)dispute resolution in respect of the interpretation or application of co-operative agreements referred to in subsection (2).

(4)The Minister must publish by notice in the Gazette every co-operative agreement concluded in terms of subsection (2).

7. Functions of Regulator

(1)The Regulator may, subject to this Act, for the purpose of achieving its objects—

(a)grant, amend, refuse, suspend or revoke authorisations, subject to the provisions of this Act;[paragraph (a) substituted by section 6(a) of Act 26 of 2024]

(b)hire, purchase or otherwise acquire any movable and immovable property or proprietary right, and rent or dispose of property so acquired, subject to the provisions of the Public Finance Management Act;[paragraph (b) substituted by section 6(a) of Act 26 of 2024]

(c)collaborate with any other body or institution or establish and control facilities for the collection and dissemination of scientific and technical information, in connection with any matter regarding radiation safety and related security as contemplated in section 2 of this Act;[paragraph (c) substituted by section 6(a) of Act 26 of 2024]

(d)collaborate with any educational, scientific or other body or institution in connection with the provision of instruction for, or the training of, persons required by the Regulator;[paragraph (d) substituted by section 6(a) of Act 26 of 2024]

(e)provide, on such conditions as the Regulator deems fit, financial or other assistance in connection with the training of persons in so far as in the board’s opinion it is necessary to ensure that a sufficient number of trained persons are available to enable the Regulator to perform its functions;[paragraph (e) substituted by section 6(a) of Act 26 of 2024]

(f)insure itself against any loss, damage, risk or liability which it may suffer or incur;

(g)advise the Minister on matters associated with any facility, activity or condition which—

(i)is capable of causing nuclear damage;

(ii)the Minister refers to the Regulator; or

(iii)the Regulator deems necessary to advise the Minister on;

[paragraph (g) substituted by section 6(b) of Act 26 of 2024]

(h)act as the national competent authority in connection with the International Atomic Energy Agency’s Regulations for the Safe Transport of Radioactive Material;[paragraph (h) substituted by section 6(b) of Act 26 of 2024]

(i)conclude contracts, enter into agreements or perform any act whereby its objects are carried into effect or which is calculated, directly or indirectly, to enhance the value of the services which the Regulator renders towards the achievement of its objects or which may be prescribed;[paragraph (i) substituted by section 6(b) of Act 26 of 2024]

(j)produce and submit to the Minister an annual public report on the health and safety related to workers, the public and the environment associated with all sites including, but not limited to, the prescribed contents and the reporting requirements in terms of the Public Finance Management Act;[paragraph (j) substituted by section 6(b) of Act 26 of 2024]

(k)issue directives, notices, guidance and position papers necessary for the implementation of this Act;[paragraph (k) added by section 6(c) of Act 26 of 2024]

(l)inspect, monitor, assess the activities of applicants for authorisations and authorisation holders for the purpose of verifying compliance with the provisions of this Act, applicable to regulations and the conditions of authorisations;[paragraph (l) added by section 6(c) of Act 26 of 2024]

(m)implement enforcement measures in the event of non-compliance or violation of the provisions of this Act, applicable regulations and the conditions of authorisations;[paragraph (m) added by section 6(c) of Act 26 of 2024]

(n)recommend regulations prescribing safety and related security standards as well as regulatory practices as contemplated in section 2(1) of this Act;[paragraph (n) added by section 6(c) of Act 26 of 2024]

(o)establish and maintain a national register of persons authorised to carry out activities under this Act;[paragraph (o) added by section 6(c) of Act 26 of 2024]

(p)establish and maintain a national dose register;[paragraph (p) added by section 6(c) of Act 26 of 2024]

(q)establish and maintain a national register of radiation sources;[paragraph (q) added by section 6(c) of Act 26 of 2024]

(r)conduct relevant research, establish and maintain nuclear safety and security research programmes for regulatory development to provide the Regulator with scientific, technical and other advice and information, as contemplated in section 2(1) of this Act; and[paragraph (r) added by section 6(c) of Act 26 of 2024]

(s)make such arrangements as the Regulator may consider appropriate for relevant social, economic and environmental information to be collected from a holder of an authorisation and make such information available to the Department for the purpose of undertaking impact assessment for the implementation of the Act.[paragraph (s) added by section 6(c) of Act 26 of 2024]

(2)The Minister must table in Parliament the annual public report submitted to him or her in terms of subsection (1)(j).[subsection (2) substituted by section 6(d) of Act 26 of 2024]

(3)[subsection (3) deleted by section 6(e) of Act 26 of 2024]

8. Control and management of affairs of Regulator

(1)The Regulator is governed and controlled, in accordance with this Act, by a board.[subsection (1) substituted by section 7(a) of Act 26 of 2024]

(2)The board—

(a)must ensure that the objects of the Regulator referred to in section 5 are carried out; and

(b)exercises general control over the performance of the Regulators functions.

(3)The board represents the Regulator and all acts performed by the board or on its authority are the acts of the Regulator.

(4)The board consists of—

(a)the following directors appointed by the Minister:

(i)One representative of organised labour;

(ii)one representative of organised business;

(iii)one person representing communities, which may be affected by nuclear activities;

(iv)an official from the department responsible for Mineral Resources and Energy;[subparagraph (iv) substituted by section 7(b) of Act 26 of 2024]

(v)an official from the department responsible for the Environment; and[subparagraph (v) substituted by section 7(b) of Act 26 of 2024]

(vi)not more than seven other directors;[subparagraph (vi) substituted by section 7(b) of Act 26 of 2024]

(b)the chief executive officer; and[paragraph (b) substituted by section 7(c) of Act 26 of 2024]

(c)the chief financial officer.[paragraph (c) added by section 7(d) of Act 26 of 2024]

(5)The Minister must from among the directors of the board referred to in subsection (4)(a)(vi) appoint a chairperson and a deputy chairperson.

(6)A person may only be appointed as a director in terms of subsection (4)(a) if he or she is suitably qualified.

(7)For the purposes of appointing the directors of the board referred to in subsection (4)(a)(i), (ii), (iii) and (vi)—

(a)the Minister must through the media and by notice in the Gazette invite nominations of persons as candidates for the relevant positions on the board;

(b)a relevant portfolio committee of the National Assembly must compile a short-list of not more than 20 candidates from persons nominated;[paragraph (b) substituted by section 7(e) of Act 26 of 2024]

(c)in addition to persons contemplated in subsection 4(a)(iv) and (v), the Minister must, from the short-list so compiled, appoint persons to the relevant positions on the board; and[paragraph (c) substituted by section 7(e) of Act 26 of 2024]

(d)the Minister must for a director appointed in terms of subsection 4(a)(i) to (v), appoint a suitably qualified alternate director to act in the place of that director during his or her absence.[paragraph (d) substituted by section 7(e) of Act 26 of 2024]

(8)A person is disqualified from being appointed or remaining a director of the board if he or she—

(a)is not a South African citizen;

(b)is declared insolvent;

(c)is convicted of an offence and sentenced to imprisonment without the option of a fine;

(d)becomes a member of Parliament, a provincial legislature, a Municipal Council, the Cabinet or the Executive Council of a province;

(e)is an authorisation holder or an employee of such holder.[paragraph (e) substituted by section 7(f) of Act 26 of 2024]

(9)A director of the board may not be present during, or take part in the discussion of, or the making of a decision on any matter before the board in which that director or his or her spouse, life partner, child, business partner or associate or employer, other than the State, has a direct or indirect financial interest.

(10)Upon appointment of a person as a director of the board he or she must submit to the Minister and the board a written statement in which he or she declares whether or not he or she has any interest contemplated in subsection (9).

(11)If any director acquires or contemplates acquiring an interest, which could possibly be an interest contemplated in subsection (9), he or she must immediately in writing declare that fact to the Minister and the board.

(12)

(a)The chairperson of the board holds office for a period specified in the letter of appointment but not exceeding five years and may be re-appointed upon expiry of that term of office.

(b)A director referred to in subsection (4)(a) holds office for a period specified in the letter of appointment but not exceeding five years and may be re-appointed upon expiry of that term of office.

[subsection (12) substituted by section 7(g) of Act 26 of 2024]

(13)

(a)If a director dies or vacates office, the Minister may, subject to subsection (8), appoint another person as a director.

(b)[paragraph (b) deleted by section 7(h) of Act 26 of 2024]

(14)[subsection (14) deleted by section 7(i) of Act 26 of 2024]

(15)The Board is the accounting authority of the Regulator.[subsection (15) added by section 7(j) of Act 26 of 2024]

(16)The members of the board must, when viewed collectively—

(a)be persons who are suited to serve on the board by virtue of their qualifications, expertise and experience in the fields of nuclear science, technology and engineering, finance, risk, corporate governance, law and strategic leadership;

(b)be persons who are committed to fairness and accountability on the part of those holding public office; and

(c)be persons who are committed to the objects and principles as enunciated in the Charter and Code of Conduct of the Regulator.

[subsection (16) added by section 7(j) of Act 26 of 2024]

9. Vacation of office by director

[heading substituted by section 8 of Act 26 of 2024]

(1)The Minister may at any time discharge a director of the board from office—

(a)if the director has repeatedly failed to perform his or her functions efficiently;

(b)if, because of any physical or mental illness or disability, the director has become incapable of performing his or her functions or performing them efficiently; or

(c)for misconduct.

(2)A director vacates office when—

(a)he or she is disqualified in terms of section 8(8);

(b)he or she is discharged in terms of subsection (1);

(c)he or she is absent from three consecutive meetings of the board without the chairpersons permission, unless the board has condoned the absence on good reasons advanced; or

(d)the person’s resignation as director takes effect.

10. Meetings of board

(1)The first meeting of the board is held at the time and place determined by the Minister, and thereafter meetings are held at such times and places as the board determines.

(2)The chairperson or, in his or her absence, the deputy chairperson, may at any time call a special meeting of the board to be held at the time and place determined by the chairperson or deputy chairperson.

(3)All directors must be notified in writing of every meeting of the board.

(4)A majority of the directors forms a quorum at any meeting of the board.

(5)Subject to subsection (4), a decision of the majority of the directors present at a meeting of the board constitutes a decision of the board and, in the event of inequality of votes on any matter, the person chairing the relevant meeting has a casting vote in addition to a deliberative vote.

(6)No decision taken by the board or an act performed under its authority, is invalid merely by reason of—

(a)a vacancy on the board; or

(b)the fact that any person not entitled to do so, sat as a director at the time that decision was taken,

if that decision was taken or that act was authorised by the required majority of directors present at the meeting who were entitled to sit as directors.

(7)

(a)If the chairperson is for any reason unable to act, or the office of chairperson is vacant, the deputy chairperson must act as chairperson.

(b)If both the chairperson and deputy chairperson are for any reason unable to act, or both the offices of chairperson and deputy chairperson are vacant, the board must designate any other director to act as chairperson.

11. Minutes of board meetings

(1)The board must cause minutes of its meetings to be kept and copies of the minutes to be circulated to its members.

(2)Such minutes, when signed at a next meeting by the person who chairs that meeting, are, in the absence of proof of error therein, regarded as a true and correct record of the proceedings and are prima facie evidence of those proceedings before a court of law, any tribunal or a commission of inquiry.

12. Committees of board

The board may—

(a)establish such committees as it considers necessary to assist it in the performance of its functions; and

(b)appoint as members of any such committee such persons, including directors of the board, staff of the Regulator, authorisation holders and employees of such holders, as the board considers appropriate.[paragraph (b) substituted by section 9 of Act 26 of 2024]

13. Remuneration of directors and committee members

A director, or member of a committee, of the board, other than the chief executive officer or a person who is in the full-time employment of the Regulator or other organ of state, is appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister determines with the agreement of the Minister of Finance.

14. Delegation and assignment by board

(1)Subject to subsections (2), (3), (4) and (5), the board may, by resolution, delegate any power, and assign any duty, conferred or imposed on it by the operation of section 8(1) or (2) or conferred or imposed on it elsewhere by this Act, to its chairperson, committee of the board, director of the board or chief executive officer.[subsection (1) substituted by section 10 of Act 26 of 2024]

(2)The board is not divested of any power or relieved of any function it so delegated or assigned.

(3)Such delegation or assignment—

(a)may be made subject to conditions determined by the board;

(b)may, subject to subsection (5), be given together with the power to subdelegate or further assign, subject to conditions determined by the board;

(c)must be communicated to the delegatee or assignee in writing.

(4)The written communication in terms of subsection (3)(c)—

(a)must contain full particulars of the matters being delegated or assigned and of the conditions determined in terms of subsection (3)(a); and

(b)if the power of subdelegation or further assignment is conferred, must state that fact and any conditions determined in terms of subsection (3)(b).

(5)The board may, by resolution—

(a)amend or revoke a delegation or assignment made in terms of subsection (1);

(b)withdraw any decision, other than a decision which confers a right or entitlement on any third party, made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter itself.

(6)The Minister may, by notice in the Gazette—

(a)prohibit the delegation by the board of any particular power or its assignment of any particular duty, whether generally or in the circumstances specified in the notice;

(b)limit the circumstances in which any particular power or duty of the board may be delegated, subdelegated, assigned or further assigned;

(c)prescribe conditions for the delegation of any particular power or assignment of any particular duty.

15. Chief executive officer of Regulator

(1)The Minister must, on recommendation of the board, from a list of not less than three persons so nominated, appoint a person with suitable qualifications as chief executive officer of the Regulator.[subsection (1) substituted by section 11(a) of Act 26 of 2024]

(2)A person is disqualified from being appointed or remaining a chief executive officer if subject to any of the disqualifications mentioned in section 8(8).

(3)A chief executive officer holds office for a period not exceeding five years as specified in the letter of appointment and may be re-appointed upon expiry of that term of office.[subsection (3) substituted by section 11(b) of Act 26 of 2024]

(4)The Minister may, after consultation with the board and at any time remove the chief executive officer from office—

(a)if the chief executive officer has repeatedly failed to perform the duties of office efficiently;

(b)if, because of any physical or mental illness or disability, the chief executive officer has become incapable of performing the functions of that office or performing them efficiently; or

(c)for misconduct.

[subsection (4) amended by section 11(b) of Act 26 of 2024]

(5)[subsection (5) deleted by section 11(c) of Act 26 of 2024]

(6)The chief executive officer must—

(a)ensure that the functions of the Regulator in terms of this Act are performed;

(b)report to the board on the proper functioning of the Regulator;

(c)[paragraph (c) deleted by section 11(d) of Act 26 of 2024]

(d)complete a report on the activities of the Regulator for each financial year in accordance with the Public Finance Management Act and submit the report to the board for approval;[paragraph (d) substituted by section 11(e) of Act 26 of 2024]

(e)each financial year, after consultation with the board and with the approval of the Minister, publish and distribute a plan of action for the activities of the Regulator.

(7)The board must forward the report mentioned in subsection (6)(d), as approved by it to the Minister within three months of the end of the financial year concerned.

(8)The chief executive officer is the accounting officer of the board charged with the responsibility of accounting for all money received and payments made by, and the assets of, the Regulator.

(9)The chief executive officer must exercise all the powers and perform all the duties conferred or imposed on the accounting officer by—

(a)this Act, the Public Finance Management Act, or any other law;[paragraph (a) substituted by section 11(f) of Act 26 of 2024]

(b)the board.

(10)If the chief executive officer is for any reason unable to perform any of his or her functions, the chairperson of the board must appoint a staff member of the Regulator to act as chief executive officer until the chief executive officer is able to resume those functions.[subsection (10) substituted by section 11(g) of Act 26 of 2024]

(11)[subsection (11) deleted by section 11(h) of Act 26 of 2024]

16. Staff of Regulator

(1)Subject to the written directions of the board, the chief executive officer may appoint such staff for the Regulator as are necessary to perform the work arising from or connected with the Regulator’s functions in terms of this Act.

(2)

(a)The terms and conditions of service of the chief executive officer and other staff of the Regulator, including their remuneration, allowances, subsidies and other service benefits, are determined by the board.

(b)That remuneration and those allowances, subsidies and other service benefits must be determined in accordance with a system approved by the Minister with the agreement of the Minister of Finance.

(3)[subsection (3) deleted by section 12 of Act 26 of 2024]

(4)[subsection (4) deleted by section 12 of Act 26 of 2024]

(5)The board may, with the approval of the Minister granted with the agreement of the Minister of Finance, establish, manage and administer any pension or provident fund or medical scheme for the benefit of the staff of the Regulator for the benefit of its employees or have such a scheme or fund managed or administered by any other body or person.

(6)[subsection (6) deleted by section 12 of Act 26 of 2024]

17. Funds of Regulator

(1)The funds of the Regulator consist of—

(a)money appropriated by Parliament;

(b)fees paid to the Regulator in terms of section 28 and fines levied in terms of section 52;[paragraph (b) substituted by section 13(a) of Act 26 of 2024]

(c)donations or contributions received by the Regulator, with the approval of the Minister, from any source.

(2)The Regulator must, within the constraints of its statement referred to in subsection (7), utilise its funds for the defrayal of the expenses incurred by it in the performance of its functions in terms of this Act.

(3)The chief executive officer must—

(a)open an account in the name of the Regulator with an institution registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990); and

(b)deposit therein all money received in terms of subsection (1).

(4)The chief executive officer may, on behalf of the Regulator, invest any money received in terms of subsection (1) which is not required for immediate use—

(a)with the approval of the Minister, with the Public Investment Commissioners referred to in section 2 of the Public Investment Commissioners Act, 1984 (Act No. 45 of 1984); or

(b)with such other institution as the board and the Minister, with the agreement of the Minister of Finance, determine.

(5)The Regulator may use interest derived from the investment contemplated in subsection (4) to defray expenses in connection with the performance of its functions in terms of this Act.

(6)The Regulator may, with the approval of the Minister, granted with the agreement of the Minister of Finance—

(a)authorise the establishment of such reserve funds as it considers necessary or expedient; and

(b)deposit such amounts therein,

as it considers necessary or expedient.

(7)[subsection (7) deleted by section 13(b) of Act 26 of 2024]

(8)The Auditor-General must externally audit the Regulator.

18. Financial year of Regulator

The Regulator’s financial year is in accordance with the Public Finance Management Act.[section 18 substituted by section 14 of Act 26 of 2024]

19. Judicial management and liquidation of Regulator

Despite the provisions of any other law, the Regulator may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.

Chapter 3
Authorisations

[heading substituted by section 15 of Act 26 of 2024]

20. Restrictions on certain activities

[heading substituted by section 16(a) of Act 26 of 2024]

(1)No person may site, construct, operate, decontaminate or decommission a nuclear facility, except under the authority of a nuclear licence.[subsection (1) substituted by section 16(b) of Act 26 of 2024]

(2)No person may perform any pre-construction activities without prior written permission of the Regulator.[subsection (2) substituted by section 16(b) of Act 26 of 2024]

(3)No person may manufacture or cause to be manufactured component parts relating to nuclear and radiation safety as prescribed in the regulations except under the authority of an authorisation to manufacture or a nuclear licence.[subsection (3) substituted by section 16(b) of Act 26 of 2024]

(4)No vessel, which is propelled by nuclear power or which has on board any fissile material or uranium hexafluoride may—

(a)anchor or sojourn in the territorial waters of the Republic; or

(b)enter or leave any port of the Republic,

except under the authority of a nuclear vessel licence issued by the Regulator.[subsection (4) added by section 16(c) of Act 26 of 2024]

(5)No vessel which has on board any radioactive material capable of causing nuclear damage, other than that listed in subsection 20(4) may—

(a)anchor or sojourn in the territorial waters of the Republic; or

(b)enter or leave any port of the Republic,

except under the authority of a certificate of registration.[subsection (5) added by section 16(c) of Act 26 of 2024]

(6)Notwithstanding the provisions of subsection (4) or (5), an authorisation holder, with a condition or conditions permitting such holder to transport radioactive materials, may cause such materials to be transported by a vessel under the authority of such authorisation without a nuclear vessel licence or a certificate of registration.[subsection (6) added by section 16(c) of Act 26 of 2024]

(7)No person may carry out any activity contemplated in section 2(1) except under an authorisation issued by the Regulator.[subsection (7) added by section 16(c) of Act 26 of 2024]

(8)No radioactively contaminated facility, equipment, machinery, scrap or land belonging to or in the control of the Republic’s Defence Force may be released for civilian use, without the prior written permission of the Regulator.[subsection (8) added by section 16(c) of Act 26 of 2024]

(9)No person may undertake any technical service prescribed except under the authority of an authorisation issued by the Regulator.[subsection (9) added by section 16(c) of Act 26 of 2024]

21. Application for nuclear licence, nuclear site licence, nuclear vessel licence or regulatory evaluation of design

(1)Any person wishing to construct, operate, decontaminate, or decommission a nuclear facility must apply in the prescribed form and manner to the chief executive officer for a nuclear licence and must furnish such information as the board requires.

(2)Any person wishing to obtain regulatory approval of site evaluation must apply in the prescribed form and manner to the chief executive officer for a nuclear site licence and must furnish such information as the board requires.

(3)Any person wishing to obtain regulatory evaluation of a design of a nuclear facility must apply in the prescribed form and manner to the chief executive officer and must furnish such information as the board requires.

(4)Any person, other than persons mentioned in section 20(5) and (6), wishing to—

(a)anchor or sojourn in the territorial waters of the Republic; or

(b)enter any port in the Republic, with a vessel which is propelled by nuclear power or which has on board any fissile material or uranium hexafluoride, must apply to the chief executive officer for a nuclear vessel licence and must furnish such information as the board requires.

(5)The chief executive officer must direct the applicant for a nuclear licence, nuclear site licence or nuclear vessel licence to—

(a)serve a copy of the application upon—

(i)every municipality affected by the application; and

(ii)such other person as the chief executive officer may determine; and

(b)publish a copy of the application in the Gazette and two newspapers circulating in the area of every such municipality within 30 days.

(6)

(a)A person who may be affected by the granting of a nuclear licence, nuclear site licence or nuclear vessel licence pursuant to an application in terms of subsection (1), (2) or (4), may make written representations to the board, relating to protection of persons, property, and the environment against nuclear or radiological damage connected with the application, within 90 days of the date of publication in the Gazette contemplated in subsection (5)(b).

(b)If the board is of the opinion that further public representation is necessary, it must arrange for hearings relating to protection of persons, property and the environment against nuclear or radiological damage.

(7)Subject to the board’s approval, the chief executive officer may—

(a)refuse an application for a nuclear licence, nuclear site licence or nuclear vessel licence and must provide the applicant in writing with the reasons for the refusal; or

(b)grant an application for a nuclear licence, nuclear site licence or nuclear vessel licence subject to such conditions as may be determined in terms of section 23.

(8)In consideration of an application under section 20(1), the chief executive officer may conduct an examination in respect of the applicant concerned.

(9)An authorisation under this section shall be valid for the period stipulated in the conditions of authorisation.

(10)The authorisation may be renewed on the application in the prescribed form and manner before the prescribed time.

[section 21 substituted by section 17 of Act 26 of 2024]

22. Application for certificate of registration, exemption, authorisation to design or authorisation to manufacture

[heading substituted by section 18(a) of Act 26 of 2024]

(1)Any person wishing to engage in any activity, not contemplated in section 21(1), (2), (3) or (4), must apply in the prescribed form and manner to the chief executive officer for a certificate of registration, certificate of exemption, authorisation to design or authorisation to manufacture and must furnish such information as the board requires.[subsection (1) substituted by section 18(b) of Act 26 of 2024]

(2)The chief executive officer may direct that the applicant for a certificate of registration—

(a)serve a copy of the application upon—

(i)every municipality affected by the application; and

(ii)such other body or personas the chief executive officer determines; and

(b)publish a copy of the application in the Gazette and two newspapers circuiting in the area of every such municipality.

(3)The chief executive officer may, with the approval of the board—

(a)refuse to grant an application for a certificate of exemption, certificate of registration, authorisation to design or authorisation to manufacture made in terms of subsection (1) and must provide the applicant in writing with the reasons for the refusal; or

(b)issue—

(i)a certificate of registration, authorisation to design or authorisation to manufacture subject to such conditions as may be determined in terms of section 23; or

(ii)a certificate of exemption if satisfied that the activity in question complies with the exemption criteria specified in the safety standard contemplated in section 36.

[subsection (3) substituted by section 18(b) of Act 26 of 2024]

(4)In consideration of an application under subsection (1), the chief executive officer may conduct an examination in respect of the applicant.[subsection (4) added by section 18(c) of Act 26 of 2024]

(5)An authorisation under this section shall be valid for the period as prescribed in the conditions of authorisation and such authorisation may be renewed on application within the prescribed time or such later time as the board may allow, in the prescribed form and manner.[subsection (5) added by section 18(c) of Act 26 of 2024]

23. Conditions relating to authorisation

(1)The chief executive officer may establish standard conditions applicable to one or more categories of authorisations.

(2)The chief executive officer may, subject to subsection (3), impose any condition in an authorisation which—

(a)is necessary to ensure the protection of persons, property and the environment against nuclear damage; or

(b)provides for the rehabilitation of the site.

(3)The chief executive officer—

(a)may, subject to paragraph (c), amend any condition in an authorisation;

(b)must notify the person in writing to whom the authorisation was issued of such amendment, timeframe within which such amendments come into operation and the reasons therefore which must be based on objective evidence; and

(c)must submit to the board any amendments made to an authorisation as contemplated in paragraph (a) for ratification at the first meeting of the board following the amendments.

[section 23 substituted by section 19 of Act 26 of 2024]

24. Special conditions relating to nuclear vessel licence

(1)The chief executive officer may include in a nuclear vessel licence—

(a)conditions relating to—

(i)liability for nuclear damage which may determine, limit or preclude liability, despite any provisions to the contrary in any other law; or

(ii)security for nuclear damage and the manner of providing the security, as determined by the Minister;

(b)any other conditions as the chief executive officer considers necessary to ensure compliance with the safety standards contemplated in section 36;

(c)if the vessel in question is registered outside the Republic, the appropriate terms of any agreement between the Government of the Republic and the government of the country in which the vessel is registered.

(2)Any provision included in an agreement referred to in subsection (1)(c) which could be included in terms of subsection (1)(a) or (b) as a condition of a nuclear vessel licence, is considered to be a condition of that licence or approval, even if it is not expressly embodied in the relevant licence as a condition thereof.[subsection (2) substituted by section 20(a) of Act 26 of 2024]

(3)Subject to the terms of any agreement referred to in subsection (1)(c), the chief executive officer may amend or repeal any condition imposed in terms of this section.

(4)A nuclear vessel licence is valid for such period as is determined by the chief executive officer, and may from time to time be renewed for any further period.

(5)The holder of a nuclear vessel licence is not solely because of the expiry of that licence, relieved of liability for nuclear damage resulting from anything which occurred or which was done or omitted during the currency of that licence.

(6)The chief executive officer must exercise the powers conferred by this section on behalf of the board and subject to the Minister’s directions in terms of subsection (1)(a)(ii).[subsection (6) substituted by section 20(b) of Act 26 of 2024]

25. Transfer of authorisation

(1)An authorisation holder may not transfer authorisation for regulated activities to another person or entity without the written permission of the chief executive officer subject to approval by the board.

(2)A person or entity to whom the responsibility for previously authorised activities is to be transferred must apply to the Regulator as prescribed.

[section 25 substituted by section 21 of Act 26 of 2024]

26. Responsibilities of authorisation holders

(1)An authorisation holder must—

(a)at all times, display copies of that authorisation at such places and in such languages and form as determined by the chief executive officer to ensure public access to the conditions specified in the authorisation;

(b)establish and maintain the competencies as prescribed;

(c)provide training and information to staff;

(d)establish procedures and arrangements to maintain safety and security under all conditions, as contemplated in section 2(1) of this Act;

(e)verify appropriateness of design and the adequacy of the quality of activities and facilities and of their associated equipment;

(f)ensure the safe and secure control of all radioactive material that is used, produced, stored or transported;

(g)ensure the safe and secure control of all radioactive waste that is generated;

(h)implement a self-inspection programme to ensure compliance with all conditions of the authorisation; and

(i)provide information as required by the chief executive officer.

(2)An authorisation holder of a nuclear licence must establish a public safety information forum as prescribed in order to inform the persons living in the municipal area(s) in respect of which an emergency plan has been established in terms of section 38(1) on nuclear safety and radiation safety matters.

(3)The responsibility for ensuring safety and security of any facility or activity involving ionizing radiation rests with the authorisation holder.

[section 26 substituted by section 22 of Act 26 of 2024]

26A. Financial responsibilities of applicants for and holders of authorisations

(1)An applicant for, or an authorisation holder for construction, operation of a nuclear facility or undertaking an activity shall ensure that adequate financial resources will be available, and shall provide such financial resources, when needed to cover costs associated with safe rehabilitation, or decommissioning, including the management of resulting waste.

(2)The financial resources to be made available for rehabilitation, or decommissioning activities shall be—

(a)commensurate with an activity or facility specific cost estimate;

(b)changed if the cost estimate increases or decreases; and

(c)reviewed as part of the periodic review of the rehabilitation, or decommissioning plan.

(3)For existing activities and facilities for which financial resources for rehabilitation, or decommissioning are not available, provisions for adequate financial resources shall be required within a set time frame as may be determined by the Regulator or prior to authorisation renewal or extension, whichever is applicable.

[section 26A inserted by section 23 of Act 26 of 2024]

27. Suspension, modification, revocation or surrender of an authorisation

(1)An authorisation issued pursuant to the provisions of this Act may be suspended, modified, or revoked by the Regulator—

(a)in the event of a violation of its conditions;

(b)when the conditions under which it was authorised are no longer met; or

(c)in any circumstance where the Regulator determines that continued activity under the authorisation would pose an unacceptable risk to the safety or security of persons, property and the environment.

(2)An authorisation holder may surrender that authorisation.

(3)If an authorisation has been revoked or surrendered the authorisation holder concerned must—

(a)if so directed by the chief executive officer, deliver to the person appointed by the chief executive officer, or account for, such authorisation; and

(b)for the duration of his or her period of responsibility, display, or cause to be displayed, on the relevant site or the vessel in respect of which authorisation has been granted, such notices as directed by the chief executive officer.

(4)On revocation or surrendering of an authorisation, or at any time during the period of responsibility of the authorisation holder, the chief executive officer, in writing, may give any direction to the person liable for nuclear damage in terms of section 30, which the chief executive officer believes is necessary to prevent nuclear damage which—

(a)may be caused by anything which is being done, may be done or was done; or

(b)is or was present,

at or in the relevant nuclear facility or site

(5)The Regulator shall make publicly available a statement providing information on the procedures and requirements for suspension, modification, renewal, revocation or surrender of authorisations.

[section 27 substituted by section 24 of Act 26 of 2024]

28. Fees for authorisations

The Minister may, on the recommendation of the board, in consultation with the Minister of Finance and by notice in the Gazette, determine the fees payable to the Regulator in respect of—

(a)any application for the granting of an authorisation;

(b)an annual authorisation fee; and

(c)any work the Regulator may be required to undertake pursuant to the receipt of a notification in terms of subsections 20(1), 20(2) and 20(3).

[section 28 substituted by section 25 of Act 26 of 2024]

Chapter 4
Financial security and liability

29. Financial security by holder of nuclear installation licence

(1)The Minister must, on the recommendation of the board and by notice in the Gazette, categorise the various nuclear installations in the Republic, based on the potential consequences of a nuclear accident.

(2)The Minister must, on the recommendation of the board and in consultation with the Minister of Finance and by notice in the Gazette, determine—

(a)the level of financial security to be provided by holders of nuclear installation licences in respect of each of those categories; and

(b)the manner in which that financial security is to be provided,

in order for the holder of a nuclear installation licence to fulfil any liability which may be incurred in terms of section 30.

(3)Despite subsection (2), the Minister may, after consultation with the board, for so long as the holder of a nuclear installation licence may be liable for nuclear damage—

(a)increase or decrease the level of financial security to be provided by that holder as determined in terms of subsection (2);

(b)if financial security has not been required in terms of subsection (2) require that holder to provide financial security;

(c)discharge that holder from the requirement to provide financial security;

(d)amend the manner in which that holder must provide financial security.

(4)If—

(a)nuclear damage occurs and compensation is claimed as a result thereof; or

(b)the Minister is satisfied that such compensation is likely to be so claimed,

the Minister may require the holder of the nuclear installation licence in question to give additional financial security in respect of those claims or possible claims, to an amount which the Minister, after consultation with the board, determines.

(5)The holder of a nuclear installation licence must annually provide proof to the Regulator that any claim for compensation to an amount contemplated in section 30(2), can be met.

30. Strict liability of holder of nuclear licence for nuclear damage

(1)Subject to subsections (2), (3), (5) and (6), only a holder of a nuclear licence is, whether or not there is intent or negligence on the part of the holder, liable for all nuclear damage caused by or resulting from the relevant nuclear facility during the holders period of responsibility—

(a)by anything being present or which is done at or in the nuclear facility or by any radioactive material or material contaminated with radioactivity which has been discharged or released, in any form, from the nuclear facility; or

(b)by any radioactive material or material contaminated with radioactivity which is subject to the nuclear licence, while in the possession or under the control of the holder of that licence during the conveyance thereof from the nuclear facility, to any other place in the Republic or in the territorial waters of the Republic from or to any place in or outside the Republic.

(2)The liability for nuclear damage by any holder of a nuclear licence is limited, for each nuclear or radiation accident, to the amounts determined in terms of section 29(2).

(3)The liability contemplated in subsection (1)(b) ends upon the relevant material coming onto another site in respect of which a nuclear licence has been granted.

(4)For the purposes of subsection (1) radioactive material or material contaminated with radioactivity which is being conveyed on behalf of the holder of a nuclear licence is regarded to be in the possession or under the control of the holder of that licence.

(5)Nothing in this section precludes a person from claiming a benefit in terms of the Compensation for Occupational Injuries and Diseases Act, but such person may not benefit both in terms of this Act and the Compensation for Occupational Injuries and Diseases Act.

(6)The holder of a nuclear licence is not liable to a person for any nuclear damage—

(a)to the extent to which such nuclear damage is attributable to the presence of that person or any property of that person at or in the nuclear facility or on the site in respect of which the nuclear licence has been granted, without the permission of the holder of that licence or of a person acting on behalf of that holder; or

(b)if that person intentionally caused, or intentionally contributed to, such damage.

(7)The holder of a nuclear licence retains any contractual right of recourse or contribution which the holder has against any person in respect of any nuclear damage for which that holder is liable in terms of subsection (1).

(8)Any person who, without a nuclear licence, carries out an activity, for which such a licence is required, is, whether or not there is intent or negligence on the part of that person, liable for all nuclear damage.

(9)Nothing in this section affects any right, which any person has in terms of any contract of employment, to benefits more favourable than those to which that person may be entitled in terms of this section.

[section 30 substituted by section 26 of Act 26 of 2024]

31. Special provisions for liability for nuclear damage caused by vessels

If the chief executive officer has not determined any conditions for liability for nuclear damage as contemplated in section 24(1)(a)(i) for a holder of a nuclear vessel licence granted in respect of a vessel, the provisions of section 30 apply with the changes required by the context.

32. Liability of holder of certificate of registration for nuclear damage

(1)The liability of a holder of a certificate of registration, for any nuclear damage caused by or resulting from any activity carried out by virtue of that certificate during his or her period of responsibility, must be determined in accordance with—

(a)the common law; or

(b)the Compensation for Occupational Injuries and Diseases Act,

as the case may be.

[section 32 substituted by section 27 of Act 26 of 2024]

33. Claims for compensation in excess of maximum liability

(1)If—

(a)the total amount of claims for compensation against a holder of a nuclear licence; or[paragraph (a) substituted by section 28(a) of Act 26 of 2024]

(b)the total amount of claims for compensation against such holder plus the estimated amount of claims for compensation likely to be required to be paid,

exceeds, or is likely to exceed, the amount for which that holder has given security in terms of section 29, the holder must immediately notify the board and the Minister thereof in writing.

(2)Such notice must include—

(a)particulars of the total number and amount of all such claims received: and

(b)an estimate of the number and amount of any other claims which may have to be satisfied.

(3)If on receipt of that notice, the Minister is satisfied that the total amount of claims for compensation against a holder of a nuclear licence that is unpaid, and of such claims as are likely to be made thereafter, will exceed the amount of security given by that holder in terms of section 29 in respect of such claims, the Minister must—

(a)table in Parliament a report on the nuclear damage in question, which recommends that Parliament appropriate funds for rendering financial assistance to the holder to the amount by which the claims exceed or are likely to exceed the security which is available; and

(b)by notice in the Gazette suspend the obligation to pay the claims in respect of that nuclear damage until Parliament has decided about the recommendation.

[subsection (3) amended by section 28(b) of Act 26 of 2024]

(4)The liability of a person who has provided or must provide financial security as contemplated in section 29, is not affected by any appropriation in terms of subsection (3)(b).

(5)If Parliament has by resolution decided that funds to an amount specified in the report by the Minister be appropriated, no payment of any such claim for compensation arising out of the nuclear damage concerned may be made after the passing of such resolution without the approval of the Minister or an order of court.

(6)The giving of additional security by a holder of a nuclear licence in terms of section 29(4) does not affect the application of this section.[subsection (6) substituted by section 28(d) of Act 26 of 2024]

34. Prescription of actions

(1)Despite anything to the contrary in any other law, an action for compensation in terms of section 30, 31 or 32 may, subject to subsection (2), not be instituted after the expiration of a period of 30 years from—

(a)the date of the occurrence which gave rise to the right to claim that compensation; or

(b)the date of the last event in the course of that occurrence or succession of occurrences, if a continuing occurrence or a succession of occurrences, all attributable to a particular event or the carrying out of a particular operation, gave rise to that right.

(2)If the claimant concerned became aware, or by exercising reasonable care could have become aware, of—

(a)the identity of the authorisation holder concerned; and[paragraph (a) substituted by section 29(a) of Act 26 of 2024]

(b)the facts from which the right to claim compensation arose,

during the period of 30 years contemplated in subsection (1), an action for compensation in terms of section 30, 31 or 32 may not be instituted after the expiration of a period of two years from the date on which he or she so became aware or could have become aware.

(3)The running of the period of two years referred to in subsection (2) is suspended from the date negotiations regarding a settlement by or on behalf of the claimant and the relevant authorisation holder are commenced in writing until the date any party notifies the other party that the negotiations are terminated.[subsection (3) substituted by section 29(b) of Act 26 of 2024]

(4)A claimant may amend the claim to take into account any aggravation of the damage, even after the expiration of the prescription period, provided that a final judgment has not been entered.[subsection (4) added by section 29(c) of Act 26 of 2024]

35. Compensation for injuries of Regulator staff

[heading substituted by section 30(a) of Act 26 of 2024]

(1)If a person who is employed in any capacity by or on behalf of the Regulator, while so performing services, suffers a personal injury or contracts a disease attributable to ionizing radiation from any radioactive material, or to the flammable, explosive, poisonous or special properties of radioactive material, or to the ionizing radiation produced by any apparatus, and in respect of which no liability can be established in terms of section 30, 31 or 32, the Regulator must, subject to subsection (2)—

(a)defray all reasonable expenses incurred by or on behalf of such person in respect of any medical treatment, including, but not limited to, the supply and maintenance of any artificial part of the body or other device, necessitated by such injury or disease; and

(b)pay compensation in respect of disablement or death caused by such injury or disease.

(2)Nothing in this section precludes a staff member of the Regulator from claiming a benefit in terms of the Compensation for Occupational Injuries and Diseases Act, but such staff member may not benefit both in terms of this Act and the Compensation for Occupational Injuries and Diseases Act.[subsection (2) substituted by section 30(b) of Act 26 of 2024]

(3)Nothing in this section affects any right, which any person has in terms Of any contract of employment, to benefits more favourable than those to which that person may be entitled in terms of this section.

Chapter 5
Safety and emergency measures

36. Regulatory practices, safety, and related security standards

[heading substituted by section 31(a) of Act 26 of 2024]

(1)The Minister must, on the recommendation of the board, make regulations regarding regulatory practices, safety, and related security standards.[subsection (1) substituted by section 31(b) of Act 26 of 2024]

(2)Before any regulations are made in terms of subsection (1), the Minister must, by notice in the Gazette, invite the public to comment on the proposed regulations and consider that comment.

37. Duties regarding nuclear or radiation accidents and incidents

[heading substituted by section 32(a) of Act 26 of 2024]

(1)If a nuclear or radiation accident occurs in connection with a facility, nuclear vessel or an activity, the authorisation holder in question must immediately report it to the Regulator and to any other person described in that authorisation.[subsection (1) substituted by section 32(b) of Act 26 of 2024]

(2)When the occurrence of a nuclear or radiation accident is so reported to the Regulator, it must—

(a)immediately investigate such accident and its causes, circumstances and effects;

(b)in such manner as it deems fit, define particulars of the period during which and the area within which, in its objective assessment, the risk of nuclear damage connected with the accident exceeds the safety standards and regulatory practices contemplated in section 36;[paragraph (b) substituted by section 32(d) of Act 26 of 2024]

(c)direct the authorisation holder in question to obtain the names, addresses and identification numbers of all persons who were during that period within that area; and[paragraphs (c) substituted by section 32(d) of Act 26 of 2024]

(d)if, of the opinion that it has not been informed of all persons who could have been present during that period within that area, publish by notice in the Gazette and in two publications of the daily newspapers in circulation in that area, the fact that a nuclear accident has occurred during that period within that area.

[subsection (2) amended by section 32(c) of Act 26 of 2024]

(3)

(a)The Regulator must, in the prescribed manner, keep a record of the names of all persons who, according to its information, were within the area so defined at any time during the period so defined, and of such particulars concerning them as may be prescribed.

(b)For the purposes of the proof of claims for compensation for nuclear damage, any such record is on its mere production by any person in a court of law admissible in evidence, and is prima facie proof of the presence of the person in question within the area and during the period so defined.

(4)The right of any person to claim compensation from the authorisation holder in terms of section 30 is not prejudiced by—

(a)the defining of any area or period in terms of subsection (2)(b); or

(b)the failure to record the name of any person in terms of subsection (3).

[subsection (4) amended by section 32(e) of Act 26 of 2024]

(5)If a nuclear or radiation incident occurs on a site, the authorisation holder in question must report it to the Regulator within the period stipulated in that authorisation.[subsection (5) substituted by section 32(f) of Act 26 of 2024]

(6)The Regulator must act as an adviser to emergency response organisations and Government organs, other than an authorisation holder in terms of the Act, in case of a nuclear or radiological emergency.[subsection (6) added by section 32(g) of Act 26 of 2024]

38. Emergency preparedness and emergency response

[heading substituted by section 33(a) of Act 26 of 2024]

(1)Where the possibility exists that a nuclear or radiation accident or nuclear or radiation incident affecting the public may occur, the Regulator must direct the relevant authorisation holder, other than a holder of a certificate of exemption, to—

(a)enter into an agreement with the relevant municipalities and provincial authorities to establish an emergency plan within a period determined by the Regulator;

(b)cover the costs for the establishment, implementation and management of such emergency plan insofar as it relates to the relevant nuclear facility or any activity contemplated in section 2(1); and[paragraph (b) substituted by section 33(c) of Act 26 of 2024]

(c)submit such emergency plan for its approval.

[subsection (1) amended by section 33(b) of Act 26 of 2024]

(2)The Regulator must ensure that such emergency plan is effective for the protection of persons should a nuclear or radiation accident or nuclear or radiation incident occur.[subsection (2) substituted by section 33(d) of Act 26 of 2024]

(3)When a nuclear or radiation accident or nuclear or radiation incident occurs, an authorisation holder, other than a holder of a certificate of exemption, in question, must implement the emergency plan as approved by the Regulator.[subsection (3) substituted by section 33(e) of Act 26 of 2024]

(4)The Minister may, on recommendation of the board and after consultation with the relevant municipalities, make regulations on the development surrounding any nuclear facility to ensure the effective implementation of any applicable emergency plan.[subsection (4) substituted by section 33(e) of Act 26 of 2024]

(5)The Regulator shall set out in detail the factors that shall be taken into account in the preparation of emergency plans and the issues to be included in emergency plans, including—

(a)an assessment of the nature, likelihood and potential magnitude of resulting damage, including the population and territory at risk from an accident, malicious act or incident; and

(b)the results of any accident analyses and any lessons learned from experience or incidents and accidents that have occurred in connection with similar activities.

[subsection (5) added by section 33(f) of Act 26 of 2024]

(6)Preparation of emergency plans for facilities or activities shall be coordinated with all relevant emergency intervention or response organisations, including the local, provincial and national authorities.[subsection (6) added by section 33(f) of Act 26 of 2024]

(7)Emergency plans shall be periodically reviewed, updated and tested.[subsection (7) added by section 33(f) of Act 26 of 2024]

(8)The Regulator shall, by conditions in an authorisation, establish a requirement that on-site and off-site emergency plans be prepared and approved for any facility or activity that could give rise to a need for emergency intervention.[subsection (8) added by section 33(f) of Act 26 of 2024]

(9)A national emergency plan for responding to potential nuclear or radiological emergencies shall—

(a)take into account the provisions of national disaster management emergency response plan or programme established in terms of the provisions of the Disaster Management Act, 2002 (Act No. 57 of 2002); and

(b)include an allocation of responsibilities and actions among the relevant state departments and non-governmental organisations, including arrangements for communication and public information.

[subsection (9) added by section 33(f) of Act 26 of 2024]

(10)Implementation of the emergency plan referred to in subsection (9) shall be coordinated with the local, provincial and national authorities involved in the implementation of disaster management in terms of the Disaster Management Act, 2002.[subsection (10) added by section 33(f) of Act 26 of 2024]

(11)In the event of a nuclear or radiological emergency that poses a risk that radioactive contamination could spread beyond the boundaries of the Republic, the Government of the Republic shall immediately notify the International Atomic Energy Agency and the relevant authorities of any State which is or may be physically affected.[subsection (11) added by section 33(f) of Act 26 of 2024]

(12)The Regulator shall serve as the point of contact for providing any information or assistance regarding nuclear or radiological emergencies under the terms of relevant international instruments, including the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency.[subsection (12) added by section 33(f) of Act 26 of 2024]

39. Record of nuclear facilities

[heading substituted by section 34(a) of Act 26 of 2024]

(1)The Regulator must keep—

(a)a record of the particulars;

(b)a map showing the location; and

(c)where applicable, diagrams showing the position and limits,

of a nuclear facility in respect of which an authorisation has been granted.[subsection (1) amended by section 34(b) of Act 26 of 2024]

(2)If the Regulator believes that a risk of nuclear damage—

(a)arising from anything done or being done; or

(b)which has been or is present,

at or in any nuclear facility in respect of which an authorisation is no longer in force, is within safety standards contemplated in section 36, it may remove the particulars in connection therewith from that record.[subsection (2) amended by section 34(c) of Act 26 of 2024]

40. Record of nuclear or radiation accidents and incidents

The Regulator must—

(a)keep and maintain a record of the details of every nuclear or radiation accident and nuclear or radiation incident;

(b)store that record safely;

(c)retain that record for 40 years from the date of the nuclear or radiation accident or nuclear or radiation incident; and

(d)on the request of any person, make that record available to that person.

[section 40 substituted by section 35 of Act 26 of 2024]

41. Appointment and powers of inspectors

(1)The chief executive officer must, with the approval of the board and subject to section 16(2), appoint such number of suitably qualified inspectors to enforce compliance with the objects of the Regulator referred to in section 5.

(2)The chief executive officer must issue to every person appointed under subsection (1) a certificate to the effect that such person has been so appointed and restricting such person to the actions in respect of which he or she may exercise the powers and perform the duties conferred or imposed on an inspector in terms of this Act.

(3)When exercising his or her powers or performing his or her duties in terms of this Act, the inspector must on request by any interested person produce that certificate.

(4)Subject to the restrictions in the certificate contemplated in subsection (2), an inspector may—

(a)at all reasonable times enter—

(i)any nuclear facility or site in respect of which an application for an authorisation has been made or such an authorisation has been granted;[subparagraph (i) substituted by section 36(a) of Act 26 of 2024]

(ii)any place which the inspector on reasonable grounds suspects to be a site on which there is a nuclear facility or activity;[subparagraph (ii) substituted by section 36(a) of Act 26 of 2024]

(iii)any place where parts of a nuclear facility are present or manufactured;[subparagraph (iii) substituted by section 36(a) of Act 26 of 2024]

(iv)any place where radioactive material is kept or is present, and in respect of which an application for an authorisation has been made or an authorisation has been granted;[subparagraph (iv) substituted by section 36(a) of Act 26 of 2024]

(v)any place where the inspector on reasonable grounds suspects that radioactive material is kept or present or any action prohibited in terms of section 20 is being carried out;

(b)carry out inspections and use any applicable equipment during such inspections at any of the nuclear facilities, sites or places referred to in paragraph (a) and conduct such investigations as are necessary for the purpose of monitoring or enforcing compliance with this Act;[paragraph (b) substituted by section 36(b) of Act 26 of 2024]

(c)if necessary for the purposes of monitoring or enforcing compliance with this Act, direct the holder of or the applicant for an authorisation, or any other person having any power or duty in connection with or on the relevant facility, site or place referred to in paragraph (a), to—

(i)allow the inspector to take away for investigation the articles or objects pointed out by the inspector;

(ii)allow the inspecting of the documents specified by the inspector, and to make copies thereof;

(iii)furnish to the inspector information which is under his or her control;

[paragraph (c) substituted by section 36(b) of Act 26 of 2024]

(d)after signing for any object or document, or copies thereof, remove it for investigation or evidence purposes;[paragraph (d) substituted by section 36(b) of Act 26 of 2024]

(e)if any activity contemplated in section 20, or any condition associated with such activity, does not comply with the requirements laid down in the authorisation, or with the safety and related security standards contemplated in section 36, direct any person in charge of the activity—

(i)to discontinue such activity or immediately rectify such condition;

(ii)to rehabilitate the relevant site or other place to a condition that complies with the requirements laid down in the authorisation or with the safety and related security standards contemplated in section 36;

(iii)to prohibit workers who do not meet the applicable requirements from engaging in the activity; or

(iv)to safely and securely store any nuclear or radioactive material originating from a suspended activity;

[paragraph (e) substituted by section 36(b) of Act 26 of 2024]

(f)if any activity contemplated in section 2(2)(b), or any condition associated with such activity, does not comply with the exemption criteria specified in the safety and security standards contemplated in section 36, direct the person in charge of the activity—

(i)to discontinue such activity or immediately rectify such condition;

(ii)to rehabilitate the site or other place to a condition that complies with the exemption criteria provided for in the safety standards contemplated in section 36;

(iii)to apply for a certificate of registration;

(iv)to prohibit workers who do not meet the applicable requirements from engaging in the activity; or

(v)to safely and securely store any nuclear or radioactive material originating from a suspended activity.

[paragraph (f) substituted by section 36(b) of Act 26 of 2024]

(g)require any person who causes any site or other place to be contaminated with radioactive material to rehabilitate the site or place to a condition that complies with the safety standards contemplated in section 36;

(h)be accompanied by such persons as the inspector considers necessary—

(i)to assist the inspector in the exercise of his or her powers in terms of this subsection;

(ii)to exercise such powers, and perform such duties, of the inspector as he or she determines;

(i)exercise any other powers and perform any other duties conferred or imposed by this Act.

(5)An inspector authorised thereto in writing by the Regulator has, in respect of any vessel and subject to the terms of any agreement referred to in section 24(1)(c), has the same powers conferred upon an inspector in respect of facilities, sites and other places contemplated in this section.[subsection (5) substituted by section 36(c) of Act 26 of 2024]

(6)A decision taken by an inspector shall continue in force until—

(a)withdrawn by the inspector;

(b)reversed or modified by the Regulator; or

(c)altered through an appeal or judicial review decision pursuant to Chapter 6 of this Act.

[subsection (6) added by section 36(d) of Act 26 of 2024]

42. Regulator’s powers regarding security of property and premises

(1)The Regulator may make or cause to be made such arrangements as it considers necessary for the proper protection or security of property which belongs to, or is under the control of the Regulator or is on any premises on which activities of the Regulator are performed.

(2)No unauthorised person may enter any premises which—

(a)are under the control of the Regulator; and

(b)the Regulator has identified as premises where information relating to the safety and security of or on a nuclear installation is kept.

Chapter 6
Appeals

43. Appeal to chief executive officer against inspector’s decision

(1)Any person adversely affected by any action or decision of an inspector may appeal to the chief executive officer against that action or decision.

(2)Such appeal must—

(a)be lodged within 60 days from the date of the action or the date on which the decision was made known, as the case may be, or such later date as the chief executive officer permits; and

(b)set out the grounds of appeal.

(3)After considering the grounds of appeal and the inspector’s reasons for the action or decision, the chief executive officer must as soon as practicable—

(a)confirm, set aside or amend the action or decision; or

(b)substitute any other decision for the decision.

44. Appeal to board against chief executive officer’s decision

(1)Any person adversely affected by a decision of the chief executive officer, either in terms of section 43(3) or in the exercise of any power in terms of this Act, may appeal against that decision to the board.

(2)Such appeal must—

(a)be lodged within 60 days from the date on which that decision was made known by the chief executive officer or such later date as the board permits; and

(b)must set out the grounds for the appeal.

(3)After considering the grounds of appeal and the chief executive officer's reasons for the decision, the board must as soon as practicable—

(a)confirm, set aside or vary the decision; or

(b)substitute any other decision for the decision of the chief executive officer.

45. Appeal to Minister against board’s decision

(1)Any person adversely affected by a decision of the board, either in terms of section 44(3) or in the exercise of any power in terms of this Act, may appeal against that decision to the Minister.

(2)Such appeal must—

(a)be lodged within 60 days from the date on which the decision was made known by the board or such later date as the Minister permits; and

(b)set out the grounds for the appeal.

(3)After considering the grounds of appeal and the board's reasons for the decision, the Minister must as soon as practicable—

(a)confirm, set aside or vary the decision; or

(b)substitute any other decision for the decision of the board.

46. Appeal to High Court against Minister’s decision

(1)Any person adversely affected by a decision of the Minister, either in terms of section 45(3) or in the exercise of any power in terms of this Act, may appeal against that decision to the High Court.

(2)Such appeal must—

(a)be lodged within 60 days from the date on which the decision was made known by the Minister or such later date as the High Court permits; and

(b)set out the grounds for the appeal.

(3)The appeal must be proceeded with as if it were an appeal from a Magistrate’s Court to a High Court.

Chapter 7
General

47. Regulations

(1)The Minister may, after consultation with the board and by notice in the Gazette, make regulations as to any matter—

(a)required or permitted to be prescribed in terms of this Act;

(b)necessary for the effective administration of this Act.

(2)Any regulation made in terms of subsection (1) may provide that—

(a)the contravention of or failure to comply therewith, is an offence; and

(b)a person convicted of that offence is punishable with a prescribed fine or a term of imprisonment not longer than the period so prescribed.

(3)Before any regulations are made in terms of subsection (1), the Minister must, by notice in the Gazette, invite comment on the proposed regulations and consider that comment.

(4)Despite the repeal of the previous Act, the regulations made under section 77 of the previous Act and in force immediately before the specified date, in so far as they relate to matters which are required or permitted to be prescribed as contemplated in subsection (1)(a) or (b), are regarded to have been made in terms of subsection (1).

(5)The Minister must, on the recommendation of the board and in consultation with the Minister of Finance, by notice in the Gazette, prescribe—

(a)a schedule of the types of administrative fines to be imposed by the Regulator; and

(b)the form and manner that the Regulator manages and issues such administrative fines.

[subsection (5) added by section 37 of Act 26 of 2024]

48. Delegations and assignment by Minister

(1)Subject to subsection (2), the Minister may delegate any power and assign any duty conferred or imposed upon the Minister in terms of this Act to the Director-General of the department responsible for Mineral Resources and Energy.[subsection (1) substituted by section 38 of Act 26 of 2024]

(2)Any power or duty conferred or imposed upon the Minister in terms of section 2, Chapter 2 and sections 28, 29, 33, 36, 38(4), 45 and 47 may not be delegated or assigned in terms of subsection (1).

(3)A delegation or assignment under subsection (1) must be in writing and maybe subject to any conditions or limitations determined by the Minister.

(4)The Minister is not divested of any power nor relieved of any power or duty delegated or assigned in terms of subsection (1).

(5)The Minister may at any time—

(a)amend or revoke a delegation or assignment made in terms of subsection (1);

(b)subject to subsection (5), withdraw any decision made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter himself or herself.

(6)A decision made by a delegatee or assignee may not be withdrawn in terms of subsection 5(b) where it confers a right or entitlement on any third party.

49. Disagreement between Minister and board

(1)If the Minister rejects a recommendation of the board contemplated in sections 2(2)(a), 2(3), 15(1), 28, 29(1) and (2), 36(1), 38(4) and 45 (7), the Minister and the board must endeavour to resolve their disagreement.[subsection (1) substituted by section 39 of Act 26 of 2024]

(2)If the Minister and the board fail to resolve their disagreement, the Minister makes the final decision, after consultation with the relevant Minister.[subsection (2) substituted by section 39 of Act 26 of 2024]

50. Exemption from duties and fees

The Regulator is exempt from the payment of any duty or fee which, were it not for the provisions of this section, would have been payable by it to the State in terms of any law, except the Customs and Excise Act, 1964 (Act No. 91 of 1964), and the Value Added Tax Act, 1991 (Act No. 105 of 1991), in respect of any act or transaction or any document connected with that act or transaction.

51. Disclosure of information

(1)In this section "information" includes anything purporting to be information or containing or providing information.

(2)Subject to subsection (4) and any national legislation contemplated in section 32(2) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)—

(a)no person may disclose to any other person or publish any information which relates to any nuclear facility or site or vessel or activity described in section 2(1)(c) in respect of which an authorisation has been issued or is to be issued and not yet public knowledge if the disclosure of that information is likely to jeopardise the physical security arrangements in respect of such facility, site, vessel or activity as required by the Regulator for the protection of persons or the security of the Republic;[paragraph (a) substituted by section 40(a) of Act 26 of 2024]

(b)no person may be in possession of any documents if not authorised and such possession is likely to jeopardise the physical security arrangements in respect of such facility, site, vessel or activity as required by the Regulator for the protection of persons or the security of the Republic;[paragraph (b) substituted by section 40(a) of Act 26 of 2024]

(c)no person may receive any information knowing or having reasonable grounds to believe that it has been disclosed to him or her in contravention of the provisions of paragraph (a) or (b);

(d)a person must take reasonable steps to safeguard information which he or she has in his or her possession or under his or her control and which he or she is in terms of paragraph (a) or (b) prohibited from disclosing to any person, or publishing, or so conduct himself or herself as not to endanger the secrecy thereof.

(3)No member of the board or a committee of the board or staff member of the Regulator may disclose any information obtained by him or her in the performance of his or her functions in terms of this Act except—

(a)to the extent to which it may be necessary for the proper administration of this Act;

(b)for the purposes of the administration of justice; or

(c)at the request of any person entitled thereto.

[subsection (3) amended by section 40(b) of Act 26 of 2024]

(4)Despite the provisions of any other law, no person is civilly or criminally liable or may be dismissed, disciplined, prejudiced or harassed on account of having disclosed any information if—

(a)the person in good faith reasonably believed at the time of the disclosure that he or she was disclosing evidence of a health or safety risk or a failure to comply with a duty imposed by this Act; and

(b)the disclosure was made in accordance with subsection (5).

(5)Subsection (4) applies only if the person concerned—

(a)disclosed the information concerned to—

(i)a committee of Parliament or a provincial legislature;

(ii)the Public Protector;

(iii)the Human Rights Commission;

(iv)the Auditor-General;

(v)the National Director of or a Director of Public Prosecutions;

(vi)the Minister;

(vii)the Regulator; or

(viii)more than one of the bodies or persons referred to in subparagraphs (i) to (vii); or

(b)disclosed the information concerned to one or more news medium and on clear and convincing grounds (of which he or she bears the burden of proof) believed at the time of the disclosure—

(i)that disclosure was necessary to avert an imminent and serious threat to the health or safety of an individual or the public, to ensure that the health or safety risk or the failure to comply with a duty imposed by the Act was properly and timeously investigated or to protect himself or herself against serious or irreparable harm from reprisals; or

(ii)giving due weight to the importance of open, accountable and participatory administration, that the public interest in disclosure of the information clearly outweighed any need for non-disclosure; or

(c)disclosed the information concerned substantially in accordance with any applicable external or internal procedure (other than the procedures contemplated in paragraph (a) or (b)); or

(d)disclosed information which, before the time of the disclosure of the information, had become available to the public, whether in the Republic or elsewhere.

52. Offences and penalties

(1)Any person who—

(a)contravenes or fails to comply with section 20 or a condition imposed on him or her in terms of section 23;

(b)as a master of a vessel referred to in section 20(2) contravenes or fails to comply with a condition imposed on him or her in terms of section 24;

(c)fails to comply with a directive issued by the Regulator;[paragraph (c) substituted by section 41(a) of Act 26 of 2024]

(d)fails to pay any fee contemplated in section 28;

(e)hinders an inspector in the exercise of his or her powers or the performance of his or her duties in terms of this Act, or fails to comply with any order given to him or her by an inspector in terms of this Act;

(f)contravenes section 42(1) or (2); or

(g)contravenes or fails to comply with section 51,

is guilty of an offence.

(2)Any person who contravenes or fails to comply with any other provision of this Act or any condition, notice, order, instruction, directive, prohibition, authorisation, permission, exemption, certificate or document determined, given, issued, promulgated or granted in terms of this Act is, if any such contravention or failure is not declared an offence in terms of subsection (1), is guilty of an offence.[subsection (2) substituted by section 41(b) of Act 26 of 2024]

(3)Any person convicted of an offence in terms of subsection (1) or (2) is liable on conviction—

(a)in the case of an offence referred to in subsection (1)(a), (b), (c), (d), or (f) or (2) to a fine or to imprisonment for a period not exceeding 10 years;

(b)in the case of an offence referred to in subsection (1)(e), to a fine or to imprisonment for a period not exceeding five years; or

(c)in the case of an offence referred to in subsection 51(1)(g), to a fine or to imprisonment for a period not exceeding three years; or[paragraph (c) substituted by section 41(c) of Act 26 of 2024]

(d)Notwithstanding the provisions of paragraph (a), a person convicted of a failure to pay an administrative fine is liable on conviction to a fine or to imprisonment for a period not exceeding three months.[paragraph (d) added by section 41(d) of Act 26 of 2024]

(4)If a person has failed to comply with an administrative fine as prescribed in section 47, the Regulator may cause to be delivered, by hand, to that person (hereinafter referred to as "the infringer") a non-compliance notice which must contain the particulars contemplated in subsection (5).[subsection (4) added by section 41(e) of Act 26 of 2024]

(5)A notice referred to in subsection (4) must—

(a)specify the name and address of the infringer;

(b)specify the particulars of the alleged offence;

(c)specify corrective and preventive measures to be implemented by the infringer;

(d)specify the amount of the administrative fine payable;

(e)inform the infringer that, not later than 30 days after the date of service of the non-compliance notice, the infringer may—

(i)pay the administrative fine; or

(ii)make arrangements with the Regulator to pay the administrative fine in instalments; and

(f)state that a failure to comply with the requirements of the notice within the time permitted, will result in the administrative fine becoming recoverable as contemplated in subsection (6).

[subsection (5) added by section 41(e) of Act 26 of 2024]

(6)If the infringer fails to comply with the requirements of a notice, the Regulator may file with the clerk or registrar of any competent court a statement certified by it as correct, setting forth the amount of the administrative fine payable by the infringer, and such statement thereupon has all the effects of a civil judgement lawfully given in that court in favour of the Regulator for a liquid debt in the amount specified in the statement.[subsection (6) added by section 41(e) of Act 26 of 2024]

(7)An administrative fine imposed in terms of this section does not constitute a previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).[subsection (7) added by section 41(e) of Act 26 of 2024]

53. Reproduction of documents by Regulator

(1)The Regulator may—

(a)reproduce or cause to be reproduced documents in its possession or under its control by—

(i)microfilming;

(ii)electronic means; or

(iii)any other process which in its opinion reproduces such a document in a durable and accurate manner; and

(b)keep or cause to be kept the reproduction instead of the original document in question.

(2)For the purposes of this Act—

(a)any reproduction referred to in subsection (1) is regarded to be the relevant original document; and

(b)a copy obtained by means of that reproduction and certified by the chief executive officer or an officer authorised by the chief executive officer as a true copy,

is prima facie evidence of the contents of the original document in any court of law, any tribunal or a commission of inquiry.

54. Partial repeal of Act 131 of 1993, and savings

(1)The following provisions of the Nuclear Energy Act, 1993 (Act No. 131 of 1993), are hereby repealed:

(a)Chapters V and VI;

(b)section 1, in so far as it relates to anything in any of these Chapters; and

(c)the provisions of Chapter VII, in so far as they relate to the Council for Nuclear Safety.

(2)On the specified date anything done before such date in terms of any provision of the previous Act repealed by subsection (1), and which could be done in terms of this Act, is regarded to have been done in terms of this Act, except where otherwise provided in this Act.

55. Legal succession to Council for Nuclear Safety

(1)The Regulator is substituted for the Council for Nuclear Safety in any contract or agreement entered into by the latter before the specified date, if the contract or agreement—

(a)relates to any matter which, on the specified date, falls within the Regulators competence in terms of this Act; and

(b)has not yet expired or any obligation thereunder has not been fulfilled, whichever is applicable.

(2)From the specified date, the Regulator—

(a)is responsible for all projects and work which had been commenced by the Council for Nuclear Safety before that date in terms of the previous Act—

(i)with regard to matters which, on the specified date, fall within the Regulators functions in terms of this Act; and

(ii)which, on the specified date, have not been completed; and

(b)is competent to continue with any project and work and to carry out those projects and that work or to have them carried out subject to—

(i)the provisions of this Act; and

(ii)any contract or agreement, contemplated in subsection (1), relating to the execution of the projects or the performance of the work by the other contracting party.

(3)

(a)The Regulator is substituted for the Council for Nuclear Safety as a party in any legal proceedings instituted by or against the Council for Nuclear Safety before the specified date and still pending on that date, where the legal proceedings are founded on a cause of action relating to or arising from the exercise or performance of any power or duty of the Council for Nuclear Safety in terms of or purportedly in terms of the previous Act or from its business or operations thereunder, if, on the specified date, the Regulator would have been competent in terms of this Act, to exercise or perform such a power or duty or to conduct any business or operations of a nature substantially the same as those relevant in the proceedings.

(b)Any legal proceedings founded on a cause of action which arose before the specified date, which relates to or arises from the exercise or performance of any power or duty of the Council for Nuclear Safety in terms of the previous Act or from its business and operations thereunder and which is brought after the specified date, must be instituted by or against the Regulator if, on the specified date, the Regulator would have been competent, in terms of this Act, to exercise or perform such a power or duty or to conduct any business or operation of a nature substantially the same as those relevant in the proceedings.

(4)

(a)The State, as represented by the Minister, is substituted for the Council for Nuclear Safety in—

(i)any contract or agreement entered into by the Council for Nuclear Safety before the specified date and still pending on that date, in any case where subsection (1) does not apply; and

(ii)any legal proceedings instituted by or against the Council for Nuclear Safety before the specified date and still pending on that date, where the legal proceedings are founded on a cause of action relating to or arising from the exercise or performance of any power or duty or the conducting of any business or operations of the Council for Nuclear Safety, in any case where subsection (3)(a) does not apply;

(b)Any legal proceedings founded on such a cause of action that arose before the specified date and which are brought after the specified date, must be instituted by or against the State, as represented by the Minister, in any case where subsection (3)(b) does not apply;

(c)

(i)The Minister is responsible, from the specified date, for all projects and work commenced by the Council for Nuclear Safety before the specified date but not yet completed by that date, in any case where subsection (2)(a) does not apply.

(ii)The Minister is competent to continue with and carry out those projects and that work, subject to the provisions of this Act and any agreement referred to in subsection (2)(b).

56. Short title and commencement

(1)This Act is called the National Nuclear Regulator Act, 1999.

(2)This Act takes effect on the date of commencement of the Nuclear Energy Act, 1999 as contemplated in section 61 of that Act.

History of this document

04 June 2025 this version

Amended by National Nuclear Regulator Amendment Act, 2024

24 February 2000

Commenced

Note: See section 56(2)

23 December 1999

Published in Government Gazette 20760

Read this version

20 December 1999

Assented to

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National Nuclear Regulator Act, 1999

Act 47 of 1999

National Nuclear Regulator Act, 1999

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National Nuclear Regulator Act, 1999

Act 47 of 1999

Chapter 1Interpretation

1. Definitions

2. Application of Act and declaration of nuclear facility

Chapter 2National Nuclear Regulator

3. Establishment of National Nuclear Regulator

4. Regulator successor to assets and liabilities of Council for Nuclear Safety

5. Objects of Regulator

6. Co-operative governance

7. Functions of Regulator

8. Control and management of affairs of Regulator

9. Vacation of office by director

10. Meetings of board

11. Minutes of board meetings

12. Committees of board

13. Remuneration of directors and committee members

14. Delegation and assignment by board

15. Chief executive officer of Regulator

16. Staff of Regulator

17. Funds of Regulator

18. Financial year of Regulator

19. Judicial management and liquidation of Regulator

Chapter 3Authorisations

20. Restrictions on certain activities

21. Application for nuclear licence, nuclear site licence, nuclear vessel licence or regulatory evaluation of design

22. Application for certificate of registration, exemption, authorisation to design or authorisation to manufacture

23. Conditions relating to authorisation

24. Special conditions relating to nuclear vessel licence

25. Transfer of authorisation

26. Responsibilities of authorisation holders

26A. Financial responsibilities of applicants for and holders of authorisations

27. Suspension, modification, revocation or surrender of an authorisation

28. Fees for authorisations

Chapter 4Financial security and liability

29. Financial security by holder of nuclear installation licence

30. Strict liability of holder of nuclear licence for nuclear damage

31. Special provisions for liability for nuclear damage caused by vessels

32. Liability of holder of certificate of registration for nuclear damage

33. Claims for compensation in excess of maximum liability

34. Prescription of actions

35. Compensation for injuries of Regulator staff

Chapter 5Safety and emergency measures

36. Regulatory practices, safety, and related security standards

37. Duties regarding nuclear or radiation accidents and incidents

38. Emergency preparedness and emergency response

39. Record of nuclear facilities

40. Record of nuclear or radiation accidents and incidents

41. Appointment and powers of inspectors

42. Regulator’s powers regarding security of property and premises

Chapter 6Appeals

43. Appeal to chief executive officer against inspector’s decision

44. Appeal to board against chief executive officer’s decision

45. Appeal to Minister against board’s decision

46. Appeal to High Court against Minister’s decision

Chapter 7General

47. Regulations

48. Delegations and assignment by Minister

49. Disagreement between Minister and board

50. Exemption from duties and fees

51. Disclosure of information

52. Offences and penalties

53. Reproduction of documents by Regulator

54. Partial repeal of Act 131 of 1993, and savings

55. Legal succession to Council for Nuclear Safety

56. Short title and commencement

History of this document

04 June 2025 this version

24 February 2000

23 December 1999

20 December 1999

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Is amended by

More documents like this one

Chapter 1
Interpretation

Chapter 2
National Nuclear Regulator

Chapter 3
Authorisations

Chapter 4
Financial security and liability

Chapter 5
Safety and emergency measures

Chapter 6
Appeals

Chapter 7
General