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National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008)

Chapter 3 : Disposal Application

26. Provisions with regard to security of Institute’s installations, sites, premises and land

 

 

1) The installations, sites, premises and land belonging to or under the control of the Institute, 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) The Institute, subject to subsection (3), may make any arrangements it considers reasonably necessary for the proper protection of—
a) installations, sites, premises and land contemplated in subsection (1) (hereinafter called high security areas);
b) the persons employed or present at or in the high security areas;
c) all property of the Institute, whether of a physical or intellectual nature, at or in the high security areas; and
d) the records and information of the Institute, or in the Institute's possession, that are kept, stored or to be found 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 may enter or be present in a high security area unless that person has consented to a search that may be conducted as contemplated 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 Institute 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 Institute; 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; and
d) arrest any person found in unlawful possession of anything contemplated in paragraph (c)(i), or any person contemplated in paragraph (b).