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

Chapter III Nuclear Non-Proliferation

39. Inspectors acting under section 37 or 38 entitled to information concerning safety, and to be accompanied

 

 

1)
a) Before carrying out or conducting any inspection or investigation under section 37 or conducting any search under section 38, the inspector concerned must consult with a knowledgeable person employed or performing duties at or in connection with the land, premises or place, or any part thereof, where the inspection is to be carried out or the investigation or search is to be conducted, with a view to determining whether the carrying out or conducting of the inspection, investigation or search at the relevant venue will or is likely to endanger or be harmful to the health of a person or will or is likely to result in the injury of any person or damage to any property.
b) Where the inspector and the person so consulted, hold different views on the matter, the inspector may refer the matter to the Minister for a decision.

 

2) In undertaking any inspection or investigation under section 37 or any search under section 38(1), or exercising any power under section 38(2), (3) or (4), an inspector who considers it necessary, may-
a) be accompanied and assisted by any person that the inspector regards suitable for that purpose;
b) bring onto or into the land, premises, place or means of conveyance on or in which-
i) the inspection or investigation is to be carried out or conducted, any apparatus, equipment, machinery and tools required for the purposes of the inspection or investigation; or
ii) the search is to be conducted, any apparatus, equipment, machinery and tools required for the purpose or for performing any act mentioned in section 38(2).

 

3) Where the inspection, investigation or search is to be carried out or conducted on or in any land, premises or place, the vehicles necessary for the conveyance of the apparatus, equipment, machinery or tools concerned must, if required and where possible, be allowed onto or into the land, premises or place concerned.