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

Chapter III Nuclear Non-Proliferation

34. Authorisations required for acquisition or possession of, and certain activities relating to, nuclear material, restricted material and nuclear-related equipment and material

 

1) Except with the written authorisation of the Minister, no person, institution, organisation or body may-
a) be in possession of any source material, except where-
i) the possession has resulted from prospecting, reclamation or mining operations lawfully undertaken by the person, institution, organisation or body; or
ii) the possession is on behalf of anyone who had acquired possession of the source material in the manner mentioned in subparagraph (i); or
iii) the person, institution, organisation or body has lawfully acquired the source material in any other manner;
b) be in possession of the following, namely-
iii) uranium hexafluoride (UF6);
c) acquire, use or dispose of any source material;
d) import any source material into the Republic;
e) process, enrich or reprocess any source material;
f) acquire any special nuclear material;
g) import any special nuclear material into the Republic;
h) use or dispose of any special nuclear material;
i) process, enrich or reprocess any special nuclear material;
j) acquire any restricted material;
k) import any restricted material into the Republic;
l) use or dispose of any restricted material;
m) produce nuclear energy;
n) manufacture or otherwise produce or acquire, or dispose of, uranium hexafluoride (UF6);
o) import uranium hexafluoride (UF6) into the Republic;
p) manufacture, or acquire, or dispose of, nuclear fuel;
q) import nuclear fuel into the Republic;
r) manufacture or otherwise produce, import, acquire use or dispose of nuclear-related equipment and material;
s) dispose of, store or reprocess any radioactive waste or irradiated fuel (when the latter is external to the spent fuel pool);
t) transport any of the abovementioned materials;
u) dispose of any technology related to any of the abovementioned materials or equipment.

 

2)
a) The Minister may after consultation with the South African Council for the Non-Proliferation of Weapons of Mass Destruction on any matter affecting the proliferation of weapons of mass destruction grant any authorisation required by subsection (1), after application made to the Minister in the prescribed manner for that purpose.
b) The authorisation may be granted subject to any conditions (if any) that the Minister may determine.

 

3) Where an application for such an authorisation has been refused the Minister, in writing, must inform the applicant accordingly, stating the reasons for the refusal.