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

Chapter II The South African Nuclear Energy Corporation, Limited

29. Provisions with regard to security of Corporation's installations, sites and premises, etc

 

(1) The installations, sites, premises and land belonging to or under the control of the Corporation, on which any of its business, operations and activities in terms of this Act are conducted or performed or any records in connection therewith are kept, stored or to be found, are restricted areas.

 

(2) In view thereof, the Corporation, subject to subsection (3), may make any arrangements it considers reasonably necessary for the proper protection of—
(a) those installations, sites, premises and land (hereinafter called high security areas);
(b) the persons employed or present at or in the high security areas;
(c) all property of the Corporation, whether of a physical or intellectual nature, at or in the high security areas; and
(d) the records and information of the Corporation that are kept, stored or to be found thereat or therein, irrespective of the manner in which or the medium on or by means of which the records and information are kept, stored or recorded.

 

(3) No person will be allowed to enter or be present in a high security area unless the person has consented to any search that may be conducted in terms of subsection (4)(a).

 

(4) Any person authorised thereto in writing by the chief executive officer, may—
(a) search any person or vehicle about to enter or leave any high security area, and may open and inspect any container or parcel and inspect any object, device, article, item or thing (including any material or substance) which is in the possession of such a person or is on or in that vehicle;
(b) search any person present or any vehicle found in the high security area if there are reasonable grounds to suspect that any person or anything in the person’s possession or in or on the vehicle, constitutes a threat to or endangers the lives or physical integrity of persons or the physical safety of property;
(c) seize or attach any object, device, article, item or thing (including any material or substance) in the possession of a person mentioned in paragraph (a) or (b) or found on or in such a vehicle—
(i) if such an object, device, article, item or thing belongs to the Corporation or is subject to its control and is not in the lawful possession of the person or lawfully being conveyed in or on the vehicle for the purpose of performing any function or work of the Corporation; or
(ii) if, in the opinion of the authorised person, it constitutes a threat or danger of the nature contemplated in paragraph (b), or may be used by the person from whom it was taken or any other person for the purposes of a threat or danger of that nature;
(d) arrest any person found in unlawful possession of restricted matter or anything else contemplated in paragraph (c)(i), or any person mentioned in paragraph (b).