National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)RegulationsRegulations in Terms of Section 36, Read with Section 47 of the National Nuclear Regulator Act, 1999 (Act No. 47 of 1999), on Safety Standards and Regulatory PracticesSection 2 : Exclusion, exemption, registration, licensing and clearance |
| 2.1 | Exclusion |
| 2.1.1 | Exclusion of actions |
In terms of the provisions of section 2(2)(b) of the Act, the Act does not apply where,
| 2.1.1.1 | the level of radioactivity concentration of each radioactive nuclide in materials is below— |
| (a) | 0.2 Bq per gram for artificial radioactive nuclides; |
| (b) | 0.5 Bq per gram for naturally occurring radioactive nuclides of uranium and thorium and their progeny except for radon; |
| (c) | 10 Bq per gram for potassium-40 in materials that are used in building construction or disposed of; |
| (d) | 50 Bq per gram for potassium-40 in all other materials; or |
| 2.1.1.2 | the level of total radioactivity content is below 1000 Bq. |
| 2.1.2 | Where the provisions of the Act apply to an action but the Regulator is of the opinion that such action is not amenable to regulatory control, the Board must advise the Minister on— |
| (a) | the publication of a notice determining the action as not amenable to regulatory control; and |
| (b) | appropriate steps which can be taken by the relevant level of Government or any person or body. |
| 2.2 | Exemption |
| 2.2.1 | Principles |
The general principles for the issue of a certificate of exemption as contemplated in section 22(3)(b)(ii) of the Act are as follows:
| 2.2.1.1 | the radiation risk to individuals caused by the action concerned must be sufficiently low not to be of regulatory concern; |
| 2.2.1.2 | the collective radiological impact of the action concerned must be sufficiently low not to warrant regulatory control in the prevailing circumstances; and |
| 2.2.1.3 | the action concerned must be inherently safe, with no appreciable likelihood of scenarios that could lead to a failure to meet the criteria in 2.2.1.1 and 2.2.1.2. |
| 2.2.2 | Exemption without further consideration |
Actions involving radioactive material will qualify for exemption by the ReguIator without further consideration where the following criteria are fulfilled in all feasible situations:
| 2.2.2.1 | the effective dose expected to be incurred by any member of the public due to the exempted action is 10 pSv per annum or less; and the collective effective dose committed by performing the action for one year is no more than 1 person-Sv; or |
| 2.2.2.2 | an assessment for the optimisation of protection shows that exemption is the optimum option; or |
| 2.2.2.3 | either the radioactivity concentration or the total radioactivity content of each radioactive nuclide in the radioactive material is below the levels specified in Annexure 1 and the quantity possessed or processed in a period of one year is less than one tonne; or |
| 2.2.2.4 | the radioactivity in the material is associated with naturally occurring radioactive nuclides that are not processed for their radioactive, fissile or fertile properties, and the effective dose expected to be incurred by any member of the public due to the exempted action is less than 0.25 mSv per annum. |
| 2.2.3 | Exemption with further consideration |
Actions which involve radioactive material which do not qualify for exemption without further consideration as envisaged in section 2.2.2 can be given further consideration subject to a case-by-case evaluation by the Regulator based on the specific radioactivity, the total radioactivity of discrete radioactive nuclides or on exposure scenarios.
| 2.2.4 | Exemption for the transport of radioactive material |
The exemption criteria for the transport of radioactive material are those provided for in the IAEA Regulations for the Safe Transport of Radioactive Material, applicable in terms of section 4.8.
| 2.3 | Registration |
Actions other than those that qualify for a certificate of exemption, or which require a nuclear installation licence or a nuclear vessel licence, must be subject to the process of registration as contemplated in sections 22 and 23 of the Act.
| 2.4 | Licensing |
Any nuclear installation or nuclear vessel must be subject to the process of licensing as contemplated in sections 21, 23 and 24 of the Act.
| 2.5 | Clearance |
Radioactive materials which fall within a Nuclear Installation Licence, Nuclear Vessel Licence or Certificate of Registration may be cleared from further compliance with the requirements of the nuclear authorisation provided that such materials meet the principles for exemption as detailed in 2.2 or that: approval has been given by the Regulator on a case-by-case consideration.