National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)Chapter 5 : Safety and Emergency Measures38. Emergency preparedness and emergency response |
[Section 38 heading substituted by section 33(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) | Where the possibility exists that a nuclear or radiation accident or nuclear or radiation incident affecting the public may occur, the Regulator must direct the relevant authorisation holder, other than a holder of a certificate of exemption, to— |
[Words preceding section 38(1)(a) substituted by section 33(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]
| (a) | enter into an agreement with the relevant municipalities and provincial authorities to establish an emergency plan within a period determined by the Regulator; |
| (b) | cover the costs for the establishment, implementation and management of such emergency plan insofar as it relates to the relevant nuclear facility or any activity contemplated in section 2(1); and |
[Section 38(1)(b) substituted by section 33(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]
| (c) | submit such emergency plan for its approval. |
| (2) | The Regulator must ensure that such emergency plan is effective for the protection of persons should a nuclear or radiation accident or nuclear or radiation incident occur. |
[Section 38(2) substituted by section 33(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]
| (3) | When a nuclear or radiation accident or nuclear or radiation incident occurs, an authorisation holder, other than a holder of a certificate of exemption, in question, must implement the emergency plan as approved by the Regulator. |
[Section 38(3) substituted by section 33(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]
| (4) | The Minister may, on recommendation of the board and after consultation with the relevant municipalities, make regulations on the development surrounding any nuclear facility to ensure the effective implementation of any applicable emergency plan. |
[Section 38(4) substituted by section 33(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]
| (5) | The Regulator shall set out in detail the factors that shall be taken into account in the preparation of emergency plans and the issues to be included in emergency plans, including— |
| (a) | an assessment of the nature, likelihood and potential magnitude of resulting damage, including the population and territory at risk from an accident, malicious act or incident; and |
| (b) | the results of any accident analyses and any lessons learned from experience or incidents and accidents that have occurred in connection with similar activities. |
[Section 38(5) inserted by section 33(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) | Preparation of emergency plans for facilities or activities shall be coordinated with all relevant emergency intervention or response organisations, including the local, provincial and national authorities. |
[Section 38(6) inserted by section 33(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]
| (7) | Emergency plans shall be periodically reviewed, updated and tested. |
[Section 38(7) inserted by section 33(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]
| (8) | The Regulator shall, by conditions in an authorisation, establish a requirement that on-site and off-site emergency plans be prepared and approved for any facility or activity that could give rise to a need for emergency intervention. |
[Section 38(8) inserted by section 33(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]
| (9) | A national emergency plan for responding to potential nuclear or radiological emergencies shall— |
| (a) | take into account the provisions of national disaster management emergency response plan or programme established in terms of the provisions of the Disaster Management Act, 2002 (Act No. 57 of 2002); and |
| (b) | include an allocation of responsibilities and actions among the relevant state departments and non-governmental organisations, including arrangements for communication and public information. |
[Section 38(9) inserted by section 33(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]
| (10) | Implementation of the emergency plan referred to in subsection (9) shall be coordinated with the local, provincial and national authorities involved in the implementation of disaster management in terms of the Disaster Management Act, 2002. |
[Section 38(10) inserted by section 33(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]
| (11) | In the event of a nuclear or radiological emergency that poses a risk that radioactive contamination could spread beyond the boundaries of the Republic, the Government of the Republic shall immediately notify the International Atomic Energy Agency and the relevant authorities of any State which is or may be physically affected. |
[Section 38(11) inserted by section 33(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]
| (12) | The Regulator shall serve as the point of contact for providing any information or assistance regarding nuclear or radiological emergencies under the terms of relevant international instruments, including the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency. |
[Section 38(12) inserted by section 33(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]