South Africa
Nuclear Energy Act, 1999
Nuclear Non-Proliferation Regulations, 2023
Government Notice R3145 of 2023
- Published in Government Gazette 48188 on 10 March 2023
- Commenced on 10 March 2023
- [This is the version of this document from 10 March 2023.]
1. Definitions
In these Regulations any word or expression to which a meaning has been assigned in the Act, has the meaning so assigned and, unless the context indicates otherwise—"critical facility" means an installation used for research and consists of a configuration of nuclear material which, by means of appropriate controls, can sustain a chain reaction which is distinguishable from a research reactor or a power reactor;"destructive analysis" means the determination of nuclear material content and, if required, of isotopic composition of chemical elements present in a sample containing the nuclear material;"facility" means a reactor, critical facility, conversion plant, fabrication plant, reprocessing plant, an isotopic separation plant, separate storage installation or heavy water production facility, medical isotope production facility, or any location where nuclear material is customarily used;"non-destructive assay" means a measurement of the nuclear material content or of the element or isotopic concentration of an item without producing significant physical or chemical changes in the item;"nuclear event" means theft, unauthorised removal, diversion, loss, accidental gain or misappropriation of nuclear material and nuclear-related equipment and material capable for the diversion from peaceful use to the development of nuclear weapons, other explosive devices or for proliferation purposes;"nuclear fuel cycle related research and development activities" means those activities which are specifically related to any process or system development aspect of any of the following: Conversion of nuclear material, enrichment of nuclear material, nuclear fuel fabrication, reactors, critical facilities, reprocessing of nuclear fuel, processing (not including repackaging or conditioning not involving the separation of elements, for storage or disposal) of intermediate or high level waste containing plutonium, high enriched uranium or uranium-233, but do not include activities related to theoretical or basic scientific research or to research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance;"planned activity" means any activity associated with the use of nuclear material including the nuclear fuel cycle related research and development activities, design, procurement, construction, commissioning, operation, decommissioning, dismantling, storage, disposal, and any other activity related to nuclear material; but do not include activities related to theoretical or basic scientific research or to research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance;"power reactor" means a reactor intended to produce electrical power, power for propulsion, or power for district heating, desalination or industrial purposes;"reactor" means any device in which a controlled, self-sustaining fission chain reaction can be maintained;"research reactor" means a reactor used as a research tool for basic or applied research; for training; or for radioisotope production;"technical assistance" means any form of instructions, skills, training, working knowledge, consulting services and may involve the transfer of technical data;"technical data" means any form of blueprint, plan, diagram, model, formula, engineering design and specification, manual and instruction written or recorded on other media or devices such as disk, tape, and read-only memories;"technology" means specific information required for the development, production, or use of nuclear material, nuclear-related equipment and material and may take the form of technical data or technical assistance, but controls on technology transfer do not apply to information in the public domain or to basic scientific research;"the Act" means the Nuclear Energy Act, 1999 (Act No. 46 of 1999).2. Keeping of records
3. Reports to Minister
4. Measurements on nuclear material and maintaining measuring control programmes
5. Provision of information on design of nuclear installation and site concerned and all changes effected to the design thereof
6. Physical stocktaking of nuclear material
7. Prior notification of importation and exportation of nuclear material and nuclear-related equipment and material
A person who intends to import or export nuclear material and nuclear-related equipment and material, must submit a written notice at least two weeks prior to the importation or exportation thereof, to the Department of Mineral Resources and Energy as contemplated in regulation 12, which must include—8. Notification on any loss of nuclear material
Any loss of nuclear material contemplated in section 33(3)(h) of the Act regardless of the quantity, concentration or density, must without delay be reported in writing to the Minister.9. Schedules of planned activities
10. Application for authorisation for acquisition, possession of, import and certain activities relating to nuclear material
11. Application for authorisation for exportation of nuclear material
12. General
Any application, notice, schedule or report that must be submitted to the Minister or Department in terms of these Regulations, must be submitted to the Director General for the attention of the Deputy Director General: Nuclear Energy Regulation and Management—13. Offences and penalties
Any person who fails to comply with Regulations 2, 3, 4, 5, 6, 7, 8 or 9 or knowingly provides false information in respect of any matter concerning which he or she is required to give information in terms of these Regulations, is guilty of an offence and liable on conviction to a fine or imprisonment not exceeding 12 months.14. Exemptions
The Minister may exempt any individual, organisation or institution from the requirements of these Regulations, on good cause shown.15. Short title and commencement
These Regulations are called the Nuclear Non-Proliferation Regulations, 2023, and come into operation on the date of publication in the Gazette.History of this document
10 March 2023 this version
Published in Government Gazette 48188
Commenced