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Table of Contents
Nuclear Energy Act, 1999 (Act No. 46 of 1999)
Act
I. Introductory Provisions
1. Definitions
2. Declarations, determinations and exemptions relating to material, substances, equipment and premises, etc
II. The South African Nuclear Energy Corporation, Limited
3. Establishment of South African Nuclear Energy Corporation, Limited
4. Incorporation of South African Nuclear Energy Corporation, Limited
5. Corporation's memorandum and articles of association
6. Application of Companies Act to Corporation
7. Certain provisions of Companies Act may be declared not applicable to Corporation
8. Corporation successor to property, assets and liabilities of Atomic Energy Corporation
9. Transfer of shares by Minister
10. State's financial interest in Corporation
11. Financial year
12. Judicial management and liquidation
13. Main functions of Corporation
14. Ancillary powers and functions of Corporation
15. Loans
16. Control and management of affairs of Corporation
17. Vacation of office
18. Meetings of Board
19. Committees of Board
20. Board and committees to keep minutes
21. Delegation and assignment of powers and functions by Board
22. Chief executive officer
23. General management of Corporation
24. Delegations and assignments by chief executive officer
25. Staff of Corporation
26. Finances of Corporation
27. Accounting and auditing
28. Rights to discoveries, inventions and improvements made by Corporation's employees and certain other persons
29. Provisions with regard to security of Corporation's installations, sites and premises, etc
30. Exemption from duties and fees
31. Disclosure of confidential information concerning Corporation's activities
32. Minister may authorise performance of Corporation's functions by other person or body in certain circumstances
III. Nuclear Non-Proliferation
33. Minister's responsibilities concerning Republic's international obligations with regard to 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
34A. Prohibitions relating to nuclear material
35. Exportation of source, special nuclear or restricted material or nuclear-related equipment and material
36. Furnishing of information and reports
37. Inspector may enter upon or enter premises to monitor compliance with Act with regard to restricted matter and restricted acts and activities
38. Inspectors, powers of search, seizure, etc
39. Inspectors acting under section 37 or 38 entitled to information concerning safety, and to be accompanied
40. Provisions regarding issuing and execution of warrants
41. Disposal of patents for inventions with regard to nuclear energy, nuclear material and restricted matter
42. Application, in appropriate circumstances, of section 36, 79 or 80 of Patents Act, 1978, to invention contemplated in section 41 of this Act
43. Prohibition of applications by South African subjects for certain patents in other countries
IV. Minister's Responsibilities regarding Source Material, Special Nuclear Material, etc
44. Acquisition by State of source material and special nuclear material
45. Authority over management of radioactive waste, and storage of irradiated nuclear fuel
46. Discarding of radioactive waste and storage of irradiated nuclear fuel
47. Reporting of information on occurrence of source material
48. Provision of certain restricted matter for research, development and training purposes
49. This Chapter not applicable to certain substances and certain radioactive material
50. Responsibility for institutional obligations of Republic
V. General Provisions
51. Non-disclosure of Minister's reasons for decisions adversely affecting persons, permiss
52. Court proceedings and arbitration proceedings arising from this Act may be held in camera
53. Appointment of inspectors
54. Regulations
55. Delegations and assignments by Minister
56. Offences and penalties
56A. Consent of National Director to institute proceedings and reporting obligations
57. Legal succession to Atomic Energy Corporation
58. Amendment of section 1 of Act 15 of 1973
59. Amendment of Act 87 of 1993
60. Partial repeal of Act 131 of 1993, and savings
61. Short title and commencement
Schedule
Amendment of Non-Proliferation of Weapons of Mass Destruction Act, 1993
Regulations
Nuclear Non-Proliferation Regulations, 2023
Notice No. R. 3145 of 2023
1. Definitions
2. Keeping of records
3. Reports to Minister
4. Measurements on nuclear material and maintaining measuring control programmes
5. Provision of information on design of nuclear installation and site concerned and all changes effected to the design thereof
6. Physical stocktaking of nuclear material
7. Prior notification of importation and exportation of nuclear material and nuclear-related equipment and material
8. Notification on any loss of nuclear material
9. Schedules of planned activities
10. Application for authorisation for acquisition, possession of, import and certain activities relating to nuclear material
11. Application for authorisation for exportation of nuclear material
12. General
13. Offences and penalties
14. Exemptions
15. Short title and commencement
Annexures
Annexure 1 : Application forms in terms of section 34 of the Act (DMRE23) (DMRE27)
Annexure B : Guidance for completing the Application Form
Annexure C : General Information
DMRE 27
Annexure B : Guidance for completing the Application Form
Annexure C : General Information
Annexure 2 : Application forms in terms of section 35 of the Act (DMRE25)
Annexure B : Guidance for completing the Application Form
Annexure C : General Information
Notices
Declaration of certain substances, materials and equipment as restricted material, source material, special nuclear material and nuclear related equipment and material
Notice No. 207 of 2009
Schedule 1 : Restricted Material
Schedule 2 : Source Material
Schedule 3 : Special Nuclear Material
Schedule 4 : Nuclear Related Material and Equipment
Policies
Nuclear Energy Policy for the Republic of South Africa
Notice No. 1347 of 2008
A. Nuclear Energy Policy Framework
B. Nuclear Energy Governance Framework
Annexure A : A. Key Role Players
Minister
means the Minister of Minerals and Energy.
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