A New Era in Nuclear Regulation: Highlights of the 2024 Amendment Act

Introduction

The National Nuclear Regulator Amendment Act 26 of 2024, promulgated on 20 December 2024, ushers in a modernised framework for radiation protection and safety in South Africa’s nuclear sector. By aligning with international best practices, it strengthens oversight while streamlining terminology and scope. This article explores the amendments. 

Broader Definitions and Clearer Scope

Most notably, the Act replaces the old term “action” with the more inclusive “activity,” encompassing everything from the use and transport of radioactive materials to radioactive waste management and site rehabilitation. Likewise, “nuclear installation” is now “nuclear facility,” offering a clearer, more comprehensive description of the sites and operations under regulatory control. The definition of “nuclear damage” has also been expanded to cover not only physical harm and property loss but economic and environmental impacts as well.

Enhanced Status and Mandate for the Regulator

The Amendment formally designates the National Nuclear Regulator as a Schedule 3A public entity under the Public Finance Management Act, bolstering its institutional standing. Its core objective shifts from merely preventing “nuclear damage” to protecting against “the harmful effects of radiation,” thereby widening its remit to include research, maintenance of national registers, and leadership in emergency preparedness and response.

Stronger Authorisation and Financial Assurance

New authorisation categories now cover pre-construction and decommissioning phases, with applicants required to demonstrate sufficient financial capacity for waste management and safe shutdown. Financial provisions must be facility-specific and adjusted whenever cost estimates change, ensuring that operators remain fully liable for rehabilitation and decommissioning.

Formal Emergency Roles and International Obligations

In the event of an incident, the Regulator will advise all relevant government bodies and oversee South Africa’s commitments under IAEA safety standards, particularly where cross-border contamination is a risk. This formal advisory role enhances coordination among national and international stakeholders.

Proactive Enforcement through Administrative Fines

To complement existing criminal penalties, the Act introduces administrative fines, giving the Regulator greater flexibility to enforce compliance swiftly and proportionately. This marks a clear move toward proactive, tiered enforcement rather than relying solely on prosecutions.

Conclusion

By modernising terminology, broadening definitions, elevating the Regulator’s status, and introducing robust financial and enforcement measures, the 2024 Amendment Act represents a comprehensive update to South Africa’s nuclear regulatory regime — ensuring safety, security, and environmental protections keep pace with the realities of contemporary nuclear activity.