| (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; |
| (ii) | any place which the inspector on reasonable grounds suspects to be a site on which there is a nuclear facility or activity; |
| (iii) | any place where parts of a nuclear facility are present or manufactured; |
| (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; |
[Section 41(4)(a)(i) - (iv) substituted by section 36(a) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (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; |
| (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; |
| (d) | after signing for any object or document, or copies thereof, remove it for investigation or evidence purposes; |
| (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; |
| (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. |
[Section 41(4)(b) to (f) substituted by section 36(b) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (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. |
[Section 41(5) substituted by section 36(c) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (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. |
[Section 41(6) inserted by section 36(d) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
