National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008)Chapter 4 : General30. Transitional provisions |
| 1) | With effect from the specified date— |
| a) | all assets, rights, liabilities, obligations, licences and authorisations of the South African Nuclear Energy Corporation regarding the Vaalputs National Radioactive Waste Disposal Facility vest in the Institute; and |
| b) | the persons who immediately before the specified date were employees of the South African Nuclear Energy Corporation at the Vaalputs National Radioactive Waste Disposal Facility, appointed in terms of section 25 of the Nuclear Energy Act, 1999 (Act No. 46 of 1999), must be deemed to be employees of the Institute appointed in terms of section 19(2). |
| 2) | The terms and conditions of service, salary or pay, allowances, subsidies and service benefits that were applicable to the employees contemplated in subsection (1)(b) must continue to apply until re-determined by the Board under section 19(3). |
| 3) | The terms and conditions of service, salary or pay, allowances, subsidies and service benefits so re-determined, must not be less than those applicable to the employees before the re-determination. |
| 4) | The employees' respective periods of pensionable service with the South African Nuclear Energy Corporation and, where applicable, with its predecessor in terms of any law, must be regarded and treated as pensionable service for the purposes of membership of any pension fund or scheme of which they are or may become members after the specified date. |
| 5) | Any leave which has been accumulated by an employee while in the service of the South African Nuclear Energy Corporation, must be regarded and treated as if it were leave accumulated by such an employee in the service of the Institute. |
| 6) | For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), no change of employer must be regarded as having taken place when the employees contemplated in subsection (1) take up employment at the Institute. |
| 7) | Despite the provisions of subsection (1)(a), contracts entered into by the South African Nuclear Energy Corporation for the receipt of radioactive waste at the Vaalputs National Radioactive Waste Disposal Facility will become null and void 30 days after the specified date where after the acceptance of radioactive waste will be subject to the provisions of sections 23, 24, and 25 of this Act. |
| 8) | Despite the provisions of subsection (1)(a), the South African Nuclear Energy Corporation must continue to maintain the nuclear installation licence of the Vaalputs National Radioactive Waste Disposal Facility by providing where necessary services to the Institute using the existing government budget allocations until such time as the Institute is in a position to take over the functions to the satisfaction of the National Nuclear Regulator. |
| 9) | The Registrar of Deeds must make the necessary entries or endorsements for the transfer of any property contemplated in subsection (1)(a). |