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

Chapter 3 : Authorisations

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

[Section 21 heading substituted by section 17 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) 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 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]