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

Chapter 4 : Financial Security and Liability

34. Prescription of actions

 

(1) Despite anything to the contrary in any other law, an action for compensation in terms of section 30, 31 or 32 may, subject to subsection (2), not be instituted after the expiration of a period of 30 years from—
(a) the date of the occurrence which gave rise to the right to claim that compensation; or
(b) the date of the last event in the course of that occurrence or succession of occurrences, if a continuing occurrence or a succession of occurrences, all attributable to a particular event or the carrying out of a particular operation, gave rise to that right.

 

(2) If the claimant concerned became aware, or by exercising reasonable care could have become aware, of—
(a) the identity of the holder of the nuclear authorisation concerned; and
(b) the facts from which the right to claim compensation arose,

during the period of 30 years contemplated in subsection (1), an action for compensation in terms of section 30, 31 or 32 may not be instituted after the expiration of a period of two years from the date on which he or she so became aware or could have become aware.

 

(3) The running of the period of two years referred to in subsection (2) is suspended from the date negotiations regarding a settlement by or on behalf of the claimant and the relevant holder of the nuclear authorisation are commenced in writing until the date any party notifies the other party that the negotiations are terminated.