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Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Chapter II The South African Nuclear Energy Corporation, Limited

14. Ancillary powers and functions of Corporation

 

(1) In connection with its main functions, the Corporation may—
(a) for the purpose of developing or in any manner exploiting any invention or technological expertise, subject to the approval of the Minister granted with the agreement of the Minister of Finance—
(i) establish a subsidiary company in terms of the Companies Act or in association with any person so establish a company, or acquire an interest in or control over a company;
(ii) purchase or otherwise acquire immovable property and encumber or dispose thereof;
(iii) purchase, erect, or cause to be erected, any buildings, installations, works or plants;
(b) establish and manage facilities for collecting and disseminating information regarding activities falling within the scope of the Corporation’s functions and powers;
(c) utilise or let buildings, works or plants for the benefit of the Corporation or such a subsidiary company;
(d) purchase, hire or otherwise acquire, or hold, movable property, and let, pledge, encumber or dispose of such property of which it is the owner;
(e) hire services or let its own services or make them otherwise available;
(f) conclude agreements with producers for the production and delivery of any quantities of source material that may be required from time to time by the Corporation or any subsidiary company of the Corporation;
(g) cede or assign to any person any or all of the rights or obligations of the Corporation in terms of any contract relating to the sale or supply of source material, subject to this Act;
(h) promote the prospection for and mining of source material and restricted material;
(i) undertake, cause to be undertaken or promote the development of nuclear technology, nuclear-related technology and know-how, and nuclear research;
(j) manufacture or otherwise produce, acquire or possess uranium hexafluoride (UF6), or dispose thereof, subject to section 34;
(k) acquire, possess, utilise, dispose of or process source material, special nuclear material and restricted material, and enrich and reprocess source material and special nuclear material subject to section 34;
(l) manufacture, acquire or possess nuclear fuel and dispose thereof subject to section 34;
(m) import into or export from the Republic any source material, special nuclear material, restricted material and nuclear related equipment and material and technology, subject to section 34 or 35;
(n) store irradiated fuel and operate facilities for that purpose, subject to section
(o) undertake the transportation of source material, special nuclear material, nuclear fuel, irradiated nuclear fuel, radioactive material and radioactive waste or cause it to be undertaken, subject to section 34;
(p) make any arrangements that the Minister considers necessary for the stockpiling of strategic raw materials, materials and equipment;
(q) with the written permission of the Minister, sell or in any other manner make available to any person, for use on such conditions approved by the Minister, any patent, licence, concession, or right of manufacture or any other right conferring the power to use any information, expertise, process or technology which has been developed by the Corporation or a subsidiary company and which is the Corporation’s property;
(r) co-operate with any educational, scientific or other institution or body with a view to such an institution or body providing instruction to, or training of, persons required by the Corporation, and if considered necessary by the Corporation, provide financial or other assistance to such an institution or body in connection with the instruction or training of those persons;
(s) award a bursary or loan to any suitable person for study in any scientific or technical field relevant to the Corporation’s activities;
(t) acquire patents, licences, concessions, rights of manufacture or other similar rights conferring the power to use any technology, process, expertise or information and use, exercise, develop or grant licences in respect of such rights, concessions, technology, processes, expertise or information, or otherwise exploit it beneficially;
(u) perform any other function or exercise any other power assigned or delegated by the Minister in terms of section 55 of this Act.

 

(2) In order to create and utilise viable business opportunities in commerce and industry, the Corporation may—
(a) produce and otherwise acquire reports, computer software and other intellectual property and dispose thereof;
(b) manufacture and sell instruments, equipment and similar products;
(c) process and sell minerals;
(d) produce and process metals, chemicals and related products;
(e) with the permission of the Minister, and subject to this Act—
(i) sell or otherwise commercially exploit those metals, chemicals and related products; and
(ii) for reward render to any person or institution any service falling within the ambit of the Corporation’s functions.

 

(3) The Corporation may, at the request or with the written permission of the Minister, undertake the development, transfer or exploitation of nuclear technology or nuclear-related technology on behalf of or in collaboration with any person, or institution in, or any government or administration of, any other country or territory.

 

(4) The Corporation may—
(a) provide collateral security, including guarantees, to a financial institution as defined in section 1 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), in respect of a loan granted by the financial institution to any employee of the Corporation in order to acquire, improve or enlarge immovable property for the purposes of occupation;
(b) build, cause to be built, buy or hire dwelling houses, flats or flat buildings for occupation by the Corporation’s employees, and may sell or let such houses or flats to its employees or, if no longer reasonably required, otherwise alienate or let, or otherwise deal with, such houses, flats or flat buildings;
(c) establish, erect, operate or carry on sports and recreational facilities, social clubs, social and health services, restaurants, hostels and study bursary schemes for the benefit of the Corporation’s employees, or any other similar undertakings or schemes which in the opinion of the chief executive officer may be beneficial to those employees.