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

Chapter III Nuclear Non-Proliferation

34A. Prohibitions relating to nuclear material

 

(1) For purposes of this section, "international organisation", has the meaning ascribed to it in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.

 

(2) No person may—
(a) intentionally and without lawful authority, receive, possess, use, transfer, alter, dlspose of or disperse, nuclear material, or nuclear-related equipment and material, which causes or is likely to cause death or serious bodily injury to any person or substantial damage to property or to the environment;

[Section 34A(2)(a) substituted by section 1 of the Protection of Constitutional against Terrorist and Related Activities Amendment Act, 2022, GG47803, dated 29 December 2022]

(b) intentionally obtain nuclear material by means of theft or robbery;
(c) intentionally obtain nuclear material by means of embezzlement or fraud;
(d) intentionally demand nuclear material by threat or use of force, or by any other form of intimidation;
(e) intentionally threaten to—
(i) use nuclear material to cause death or serious injury to any person or substantial damage to property;
(ii) commit an act described in paragraph (b) in order to compel a natural or legal person, international organisation or State to do or to refrain from doing any act;
(f) use any nuclear material or device or use or damage a nuclear installation or nuclear plant in a manner which release or risk the release of radio-active material, with the intent to—
(i) cause death or serious bodily injury;
(ii) cause substantial damage to property or the environment; or
(iii) to compel a natural or juristic person, an international organisation or a State to do, to abstain or refrain from doing an act; or
(g) attempt, conspire with any other person, or aid, abet, induce, incite, instigate, instruct or command, counsel or procure another person, to commit an offence referred to in paragraphs (a) to (f).

 

[Section 34A inserted by section 1 of the Protection of Constitutional against Terrorist and Related Activities Act No. 33 of 2004, GG27266, dated 11 February 2005]