Mineral & Energy Dept: Proposed Amendments: 03/03/99
FINAL OUTSTANDING ISSUES TO BE DISCUSSED REGARDING THE NATIONAL NUCLEAR REGULATOR BILL FOR THE PARLIAMENTARY PORTFOLIO COMMITTEE ON MINERALS AND ENERGY
3 MARCH 1999

1. Section 1.
Include new definition as follows:
"organ of state" means an organ of state as defined in the Constitution.

2. Section 2.
Add a new subparagraph (d) as follows:
(d) the regulation of radioactive waste.

3. Subsection 2(2)(h) and the Schedule 1 to the Act
In Subsection 2(2)(b) delete reference to Schedule 1 and add "standards as contemplated in section 32".

4. New Section 6.
Add a new section 6 as follows.
5. Co-operative Governance
(I) All organs of state with responsibility for the monitoring and control of radioactive material or exposure to ionising radiation must co-operate with one another in order to:
(a) ensure the effective monitoring and control of the nuclear hazard
(b) co-ordinate their functions and activities
(c) minimise the duplication of procedures and functions
(d) promote consistency in the exercise of their functions
(e) give effect to the principle of co-operative government in Chapter 3 of the Constitution.
(2) The Regulator must establish in consultation with the relevant organ of state mechanisms and procedures to give effect to the co-operation referred to in subsection
(1).

5 Amendment of 7(5)(f)[par 2, p3]
"7(5)(f) a holder of a nuclear authorisation or an employee of the holder of a nuclear authorisation other than an employee appointed by the Minister in terms of sub-section (4)(f)."

"7(4)(f) one representative nominated by organised labour in the nuclear ifldust½ appointed by the Minister [par 30, p11]

Wording to be finalised by SLA.

6. Transparent process of appointing Board Members and the separation of Chairperson and CEO roles.

CLAUSE 7
7(4) The board consists of-
(a) a chairperson appointed by the Minister;
(b) a deputy chairperson appointed by the Minister;
(c) not more than five suitably qualified directors appointed by the Minister;
(d) an official of the Department of Minerals and Energy appointed by the Minister;
(e) one representative from affected communities appointed by the Minister;
(f) one representative nominated by organised labour in the nuclear industry appointed by the Minister; and
(g) the chief executive officer, by virtue of his or her office.

(4A)
(a) For the purposes of appointing the directors of the Board referred to in subsection (4), the Minister must appoint a panel which must compile a shortlist of candidates.
(b) The panel must compile the shortlist after following a transparent and competitive nomination process.
(c) The directors of the Board referred to in subsection (4) must be appointed by the Minister after consultation with the relevant committee of the National Assembly and after consideration of the shortlist of candidates.

(4) A person is disqualified from being appointed or remaining a director if he or she
is-
(a) Not a South African citizen;
(b) Declared insolvent;
(c) Convicted of an offence and sentenced to imprisonment without the option of fine;
(d) Nominated ……….;
(e) Designated ………… ; or
(f) a holder of a nuclear authorisation or an employee of the holder of a nuclear authorisation other than an employee appointed by the Minister in terms of subsection (4)(f).
(g) chief executive officer, by virtue of his or her office, who may not be appointed as chairperson or deputy chairperson.

7 Section 6(j) Format of public annual report
Amend section 6(j) to read: "produce and submit to the Minister an annual public report in the form prescribed, which the Minister must table in Parliament, on the health and safety related to the workers, the public and the environment associated with all nuclear sites."

8. New Section 35 Whistle-Blowers
Insert Section 35 New.
"Representations in connection with Nuclear Authorisations
Not withstanding the provisions of any other law, no person is civilly or criminally liable or may be dismissed, disciplined, prejudiced or harassed on account of having discl6sed any information, if the person in good faith reasonably believed at the time of the disclosure that he or she was disclosing evidence of any contravention of this Act and the disclosure was made to the Regulator or Minister."

9. Include new definition of "human activity"
(ix) Human activity means any activity involving the possession, storage or disposal of radioactive material, or any activity performed by a human being or mechanical operation initiated by a human being.

10. Amend Section 2(2)(b) to read:
"Any activity involving occupational exposure to naturally occurring radioactive materials where the radioactivity concentration of individual radioactive nuclides do not exceed the standards contemplated in section 32."

11. Section 23(4)
Public Information
Add new sub-section 23(4) to read as follows: 'The holder of a nuclear installation license must establish a Public Safety Information Forum as prescribed in order to inform the public living in the vicinity of the nuclear site."

12. Section 26.
Issue: Financial security should not be limited to nuclear installations and vessels but also to certificate of registration. CNS considers that financial security should be provided for certificates of registration even if there are no possibility for catastrophic accidents and to provide for financial security if a person may claim damages up to 30 years after possible exposure.

DME position: This arrangement is part of differentiation between different nuclear authorisations on a risk basis. Nuclear installations could potentially have catastrophic accidents with major financial implications requiring special financial security arrangements as opposed to activities for which certificates of registration are issued. This is a very complicated matter which must be further investigated in the longer term. The 4 categories of a nuclear authorisation makes provision for a risk-based tiered system.
Proposal: No amendment.
13. Section 27(1)
To be amended to read as follows: add after (6) 'and not withstanding the provisions contained in any other Act or rule of law

14. Section 27(3)(b)
Amend by adding at the end of the sentence the following: Where such material is a group 4 hazardous substance as defined in the Hazardous Substances Act (1973).

15. Section 27(5)
Revised subsection 27(5) as follows:
If any person entitled to a benefit in terms of this section would also be entitled to any benefit in respect of the same injury, disease or disablement in terms of the compensation for Occupational Injuries and Diseases Act (Act No 130 of 1993). The amount of compensation payable by the holder of a nuclear installation license to that person must be determined in terms of that Act [entitlement to a benefit in terms of this act shall lapse)

16. Section 31
Delete sub-section (2) of this section as proposed by the CNS.

17 . Section 32
Proposal: Amend 32(1) by the deletion of "based on and not more restrictive than" and subsections 32(1)(a) and (b).