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

Chapter 3 : Authorisations

20. Restrictions on certain activities

[Section 20 heading substituted by section 16(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]

 

(1) No person may site, construct, operate, decontaminate or decommission a nuclear facility, except under the authority of a nuclear licence.

 

(2) No person may perform any pre-construction activities without prior written permission of the Regulator.

 

(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.

[Section 20(1)(2)(3) substituted by section 16(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]

 

(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.

[Section 20(4) inserted by section 16(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]

 

(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.

[Section 20(5) inserted by section 16(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) 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.

[Section 20(6) inserted by section 16(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]

 

(7) No person may carry out any activity contemplated in section 2(1) except under an authorisation issued by the Regulator.

[Section 20(7) inserted by section 16(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]

 

(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.

[Section 20(8) inserted by section 16(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]

 

(9) No person may undertake any technical service prescribed except under the authority of an authorisation issued by the Regulator.

[Section 20(9) inserted by section 16(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]