Protection of Businesses Act, 1978
R 385
National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)RegulationsRegulations in Terms of Section 36, Read with Section 47 of the National Nuclear Regulator Act, 1999 (Act No. 47 of 1999), on Safety Standards and Regulatory PracticesSection 5 : Decommissioning |
The following requirements apply to actions authorised by a nuclear installation licence, nuclear vessel licence or certificate of registration which involves the decommissioning of any installation, plant or equipment having an impact on radiation protection and nuclear safety, or the release of radioactively contaminated land for other uses.
| 5.1 | Decommissioning strategy and planning |
| 5.1.1 | A decommissioning strategy must be submitted as part of the prior safety assessment and must be updated throughout the operation of the authorised action as a basis for detailed decommissioning planning. |
| 5.1.2 | A decommissioning plan must be submitted to the Regulator as a basis for authorisation of specific actions or phases of decommissioning. |
| 5.1.3 | The decommissioning plan must specify any institutional controls that are required to maintain radiation safety after termination of the period of responsibility of the holder of the nuclear authorisation and must minimise as far as reasonable the need for such institutional controls. |
| 5.2 | Availability of resources |
It must be demonstrated to the Regulator that sufficient resources will be available from the time of cessation of the operation to the termination of the period of responsibility.
| 5.3 | Requirements for decommissioning operations |
All decommissioning operations must be conducted in compliance with the applicable requirements of section 4.
| 5.4 | Release of radioactively contaminated land |
| 5.4.1 | A site used in the conduct of an authorised action may be released for unrestricted use provided that it is demonstrated— |
| 5.4.1.1 | that radioactive contamination and radioactive materials which can reasonably be attributed to the authorised action have been removed from the site or, in the case of naturally occurring radioactive nuclides, have activity concentrations below the levels for exclusion specified in section 2.1.1.1 (b), (c) and (d); or |
| 5.4.1.2 | where the provisions in section 5.4.1.1 cannot reasonably be achieved, remedial measures have been implemented in accordance with section 4.5.1 to achieve optimization of protection constrained in accordance with section 4.5.2 such that the annual effective dose received by the average member of the critical group for all feasible future situations, arising from the residual radioactive contamination and radioactive materials which can reasonably be attributed to the regulated action, does not exceed the dose constraint that was applicable during the operations. |
| 5.4.2 | In the event that the release of a site in accordance with the conditions in section 5.4.1.2 can only be reasonably achieved by imposing restrictions on the use of the site, the Regulator may, subject to the conditions in section 5.4.1.2 being met, approve the release of that site for restricted use. |
| 5.5 | Obligations under other statutes |
Where there are obligations on the holder of the nuclear authorisation under other statutes with respect to decommissioning, the requirements under 5.1 and 5.2 may be integrated into an overall decommissioning strategy and finding mechanism which may serve to satisfy all relevant statutes in accordance with the co-operative governance agreements established in terms of section 6 of the Act.
