National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)Chapter 2 : National Nuclear Regulator6. Co-operative governance |
| (1) | To give effect to the principles of co-operative government and intergovernmental relations contemplated in Chapter 3 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), all organs of state, as defined in section 239 of the Constitution, on which functions in respect of the monitoring and control of radioactive material or exposure to ionizing radiation are conferred by this Act or other legislation, must co-operate with one another in order to— |
| (a) | ensure the effective monitoring and control of the nuclear hazard; |
| (b) | co-ordinate the exercise of such functions; |
| (c) | minimise the duplication of such functions and procedures regarding the exercise of such functions; and |
| (d) | promote consistency in the exercise of such functions. |
| (2) | The Regulator must conclude a co-operative agreement with every relevant organ of state to give effect to the co-operation contemplated in subsection (1). |
| (3) | The Minister must, after consultation with the board and in consultation with the Ministers responsible for the relevant organs of state, make regulations regarding— |
| (a) | time periods and procedures, including procedures for public participation and mechanisms for dispute resolution, in respect of the conclusion of co-operative agreements referred to in subsection (2); |
| (b) | matters that must be provided for in co-operative agreements, including, but not limited to, provision for— |
| (i) | time periods for the implementation of co-operative agreements; |
| (ii) | the co-ordination of the functions referred to in subsection (1) in a manner that avoids unnecessary duplication and omissions regarding safety requirements and the issuing of conflicting instructions; |
| (iii) | measures to be taken in the event of non-compliance with a co-operative agreement; |
| (iv) | dispute resolution in respect of the interpretation or application of co-operative agreements referred to in subsection (2). |
| (4) | The Minister must publish by notice in the Gazette every co-operative agreement concluded in terms of subsection (2). |