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

Chapter IV Minister’s Responsibilities Regarding Source Material, Special Nuclear Material, Restricted Material, Radioactive Waste and Irradiated Fuel

44. Acquisition by State of source material and special nuclear material

 

1) The Minister, with due regard to the requirements and provisions of the Safeguards Agreement, may acquire or cause to be acquired by purchase, lease or expropriation any source material (whether mined only or processed) and any special nuclear material whenever, in the Minister’s opinion, the national interest so requires.

 

2) The overall control of all source material and special nuclear material acquired by the State under subsection (1), vests in the Minister.

 

3) As consideration for any source material or special nuclear material expropriated under subsection (1), the Minister must pay to the person from whom it was expropriated, the compensation that may be agreed upon by that person and the Minister acting with the concurrence of the Minister of Finance, or, failing such an agreement, that may be determined by arbitration.

 

4) Sections 7, 8 and 9 of the Expropriation Act, 1975 (Act No. 63 of 1975), will apply, with the necessary changes, in respect of any expropriation under subsection (1).

 

 


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