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

Chapter 4 : Financial Security and Liability

33. Claims for compensation in excess of maximum liability

 

(1) If—
(a) the total amount of claims for compensation against a holder of a nuclear installation licence; or
(b) the total amount of claims for compensation against such holder plus the estimated amount of claims for compensation likely to be required to be paid,

exceeds, or is likely to exceed, the amount for which that holder has given security in terms of section 29, the holder must immediately notify the board and the Minister thereof in writing.

 

(2) Such notice must include—
(a) particulars of the total number and amount of all such claims received; and
(b) an estimate of the number and amount of any other claims which may have to be satisfied.

 

(3) If on receipt of that notice, the Minister is satisfied that the total amount of claims for compensation against a holder of a nuclear installation licence that is unpaid, and of such claims as are likely to be made thereafter, will exceed the amount of security given by that holder in terms of section 29 in respect of such claims, the Minister must—
(a) table in Parliament a report on the nuclear damage in question, which recommends that Parliament appropriate funds for rendering financial assistance to the holder to the amount by which the claims exceed or are likely to exceed the security which is available; and
(b) by notice in the Gazette suspend the obligation to pay the claims in respect of that nuclear damage until Parliament has decided about the recommendation.

 

(4) The liability of a person who has provided or must provide financial security as contemplated in section 29, is not affected by any appropriation in terms of subsection (3)(b).

 

(5) If Parliament has by resolution decided that funds to an amount specified in the report by the Minister be appropriated, no payment of any such claim for compensation arising out of the nuclear damage concerned may be made after the passing of such resolution without the approval of the Minister or an order of court.

 

(6) The giving of additional security by a holder of a nuclear installation licence in terms of section 29(4) does not affect the application of this section.