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

Chapter 1 : Interpretation

2. Application of Act and declaration of nuclear facility

[Section 2 heading substituted by section 2(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) Subject to subsection (2), this Act applies to—
(a) the site evaluation, design, manufacturing of component parts, construction, operation, extended shutdown, decontamination, decommissioning and closure of any nuclear facility;
(b) vessels propelled by nuclear power or having radioactive material on board which is capable of causing nuclear damage;
(c) radiation sources including devices in which they are incorporated;
(d) the decontamination, decommissioning and closure of any of the Republic’s National Defence Force facilities, equipment, machinery or scrap, including remediation or rehabilitation of land, which is designated for release for civilian use;
(e) exposure of aircrew to cosmic radiation; and
(f) any other activities involving radiation conducted in the Republic which are capable of causing nuclear damage.

[Section 2(1) substituted by section 2(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]

 

(2) This Act does not apply to—
(a) exposure to cosmic radiation at ground level or to potassium-40 in the body or any other radioactive material or activities not amenable to regulatory control as determined by the Minister, on recommendation by the board and by notice in the Gazette;
(b) subject to section 41(4), any activity where the radioactivity concentrations of individual radioactive nuclides, or the total radioactivity content, are below the exclusion levels provided for in the safety standards contemplated in section 36;

[Section 2(2)(a)(b) substituted by section 2(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]

(c) as below
(d) as below

[Section 2(2)(c)(d) deleted by section 2(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]

(e) naval vessels of a foreign state that are invited into the Republic through diplomatic channels; and
(f) nuclear security matters undertaken in accordance with sections 33, 34 and 35 of the Nuclear Energy Act, 1999 (Act No. 46 of 1999).

[Section 2(2)(e)(f) inserted by section 2(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]

 

(3) For the purposes of this Act, the Minister may, on the recommendation of the board and by notice in the Gazette, declare any facility, plant or structure, including a mine or ore-processing facility, to be a nuclear facility.

[Section 2(3) substituted by section 2(f) 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]