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

Chapter 4 : Financial Security and Liability

30. Strict liability of holder of nuclear installation licence for nuclear damage

 

(1) Subject to subsections (2), (3), (5) and (6), only a holder of a nuclear installation licence is, whether or not there is intent or negligence on the part of the holder, liable for all nuclear damage caused by or resulting from the relevant nuclear installation during the holder’s period of responsibility
(a) by anything being present or which is done at or in the nuclear installation or by any radioactive material or material contaminated with radioactivity which has been discharged or released, in any form, from the nuclear installation; or
(b) by any radioactive material or material contaminated with radioactivity which is subject to the nuclear installation licence, while in the possession or under the control of the holder of that licence during the conveyance thereof from the nuclear installation, to any other place in the Republic or in the territorial waters of the Republic from or to any place in or outside the Republic.

 

(2) The liability for nuclear damage by any holder of a nuclear installation licence is limited, for each nuclear accident, to the amounts determined in terms of section 29(2).

 

(3) The liability contemplated in subsection (1)(b) ends upon the relevant material coming—
(a) onto another site in respect of which a nuclear installation licence has been granted; or
(b) onto a site or into the possession or the control of any person authorised in terms of section 3A of the Hazardous Substances Act, 1973 (Act No. 15 of 1973), where such material is a Group IV hazardous substance as defined in section 1 of that Act.

 

(4) For the purposes of subsection (1) radioactive material or material contaminated with radioactivity which is being conveyed on behalf of the holder of a nuclear installation licence is regarded to be in the possession or under the control of the holder of that licence.

 

(5) Nothing in this section precludes a person from claiming a benefit in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), but such person may not benefit both in terms of this Act and the Compensation for Occupational Injuries and Diseases Act, 1993.

 

(6) The holder of a nuclear installation licence is not liable to any person for any nuclear damage—
(a) to the extent to which such nuclear damage is attributable to the presence of that person or any property of that person at or in the nuclear installation or on the site in respect of which the nuclear installation licence has been granted, without the permission of the holder of that licence or of a person acting on behalf of that holder; or
(b) if that person intentionally caused, or intentionally contributed to, such damage.

 

(7) The holder of a nuclear installation licence retains any contractual right of recourse or contribution which the holder has against any person in respect of any nuclear damage for which that holder is liable in terms of subsection (1).

 

(8) Any person who, without a nuclear installation licence, carries out an action for which such a licence is required, is, whether or not there is intent or negligence on the part of that person, liable for all nuclear damage.

 

(9) Nothing in this section affects any right, which any person has in terms of any contract of employment, to benefits more favourable than those to which that person may be entitled in terms of this section.

 

 


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