National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)

Chapter 2 : National Nuclear Regulator

7. Functions of Regulator

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(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;
(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;
(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;
(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;
(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;

[Section 7(1)(a) - (e) substituted by section 6(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]

(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;
(h)act as the national competent authority in connection with the International Atomic Energy Agency’s Regulations for the Safe Transport of Radioactive Material;
(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;
(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;

[Section 7(1)(g) - (j) substituted by section 6(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]

(k) issue directives, notices, guidance and position papers necessary for the implementation of this Act;
(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;
(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;
(n) recommend regulations prescribing safety and related security standards as well as regulatory practices as contemplated in section 2(1) of this Act;
(o) establish and maintain a national register of persons authorised to carry out activities under this Act;
(p) establish and maintain a National Dose Register;
(q) establish and maintain a national register of radiation sources;
(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
(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.

[Section 7(1)(k) - (s) inserted by section 6(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]

 

(2)The Minister must table in Parliament the annual public report submitted to him or her in terms of subsection (1)(j).

[Section 7(2) substituted by section 6(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]

 

(3)[Section 7(3) deleted by section 6(e) 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]