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

Regulations

Nuclear Non-Proliferation Regulations, 2023

1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the Act, has the meaning so assigned and, unless the context indicates otherwise—

 

"critical facility"

means an installation used for research and consists of a configuration of nuclear material which, by means of appropriate controls, can sustain a chain reaction which is distinguishable from a research reactor or a power reactor;

 

"destructive analysis"

means the determination of nuclear material content and, if required, of isotopic composition of chemical elements present in a sample containing the nuclear material;

 

"facility"

means a reactor, critical facility, conversion plant, fabrication plant, reprocessing plant, an isotopic separation plant, separate storage installation or heavy water production facility, medical isotope production facility, or any location where nuclear material is customarily used;

 

"non-destructive assay"

means a measurement of the nuclear material content or of the element or isotopic concentration of an item without producing significant physical or chemical changes in the item;

 

"nuclear event"

means theft, unauthorised removal, diversion, loss, accidental gain or misappropriation of nuclear material and nuclear-related equipment and material capable for the diversion from peaceful use to the development of nuclear weapons, other explosive devices or for proliferation purposes;

 

"nuclear fuel cycle related research and development activities"

means those activities which are specifically related to any process or system development aspect of any of the following: Conversion of nuclear material, enrichment of nuclear material, nuclear fuel fabrication, reactors, critical facilities, reprocessing of nuclear fuel, processing (not including repackaging or conditioning not involving the separation of elements, for storage or disposal) of intermediate or high level waste containing plutonium, high enriched uranium or uranium-233, but do not include activities related to theoretical or basic scientific research or to research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance;

 

"planned activity"

means any activity associated with the use of nuclear material including the nuclear fuel cycle related research and development activities, design, procurement, construction, commissioning, operation, decommissioning, dismantling, storage, disposal, and any other activity related to nuclear material; but do not include activities related to theoretical or basic scientific research or to research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance;

 

"power reactor"

means a reactor intended to produce electrical power, power for propulsion, or power for district heating, desalination or industrial purposes;

 

"reactor"

means any device in which a controlled, self-sustaining fission chain reaction can be maintained;

 

"research reactor"

means a reactor used as a research tool for basic or applied research; for training; or for radioisotope production;

 

"technical assistance"

means any form of instructions, skills, training, working knowledge, consulting services and may involve the transfer of technical data;

 

"technical data"

means any form of blueprint, plan, diagram, model, formula, engineering design and specification, manual and instruction written or recorded on other media or devices such as disk, tape, and read-only memories;

 

"technology"

means specific information required for the development, production, or use of nuclear material, nuclear-related equipment and material and may take the form of technical data or technical assistance, but controls on technology transfer do not apply to information in the public domain or to basic scientific research;

 

"the Act"

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