National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)Chapter 5 : Safety and Emergency Measures37. Duties regarding nuclear or radiation accidents and incidents |
[Section 37 heading substituted by section 32(a) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (1) | If a nuclear or radiation accident occurs in connection with a facility, nuclear vessel or an activity, the authorisation holder in question must immediately report it to the Regulator and to any other person described in that authorisation. |
[Section 37(1) substituted by section 32(b) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (2) | When the occurrence of a nuclear or radiation accident is so reported to the Regulator, it must— |
[Words preceding section 37(2)(a) substituted by section 32(c) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (a) | immediately investigate such accident and its causes, circumstances and effects; |
| (b) | in such manner as it deems fit, define particulars of the period during which and the area within which, in its objective assessment, the risk of nuclear damage connected with the accident exceeds the safety standards and regulatory practices contemplated in section 36; |
| (c) | direct the authorisation holder in question to obtain the names, addresses and identification numbers of all persons who were during that period within that area; and |
[Section 37(2)(b)(c) substituted by section 32(d) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (d) | if, of the opinion that it has not been informed of all persons who could have been present during that period within that area, publish by notice in the Gazette and in two publications of the daily newspapers in circulation in that area, the fact that a nuclear accident has occurred during that period within that area. |
(3)
| (a) | The Regulator must, in the prescribed manner, keep a record of the names of all persons who, according to its information, were within the area so defined at any time during the period so defined, and of such particulars concerning them as may be prescribed. |
| (b) | For the purposes of the proof of claims for compensation for nuclear damage, any such record is on its mere production by any person in a court of law admissible in evidence, and is prima facie proof of the presence of the person in question within the area and during the period so defined. |
| (4) | The right of any person to claim compensation from the authorisation holder in terms of section 30 is not prejudiced by— |
[Words preceding section 37(4)(a) substituted by section 32(e) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (a) | the defining of any area or period in terms of subsection (2)(b); or |
| (b) | the failure to record the name of any person in terms of subsection (3). |
| (5) | If a nuclear or radiation incident occurs on a site, the authorisation holder in question must report it to the Regulator within the period stipulated in that authorisation. |
[Section 37(5) substituted by section 32(f) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (6) | The Regulator must act as an adviser to emergency response organisations and Government organs, other than an authorisation holder in terms of the Act, in case of a nuclear or radiological emergency. |
[Section 37(6) inserted by section 32(g) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]