ATC240508: Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the National Nuclear Regulator Amendment Bill [B25B - 2023] (National Assembly – Section 75), dated 7 May 2024
NCOP Agriculture, Land Reform and Mineral Resources
Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the National Nuclear Regulator Amendment Bill [B25B - 2023] (National Assembly – Section 75), dated 7 May 2024.
The Bill was referred to the committee on 14 March 2024 where-after the Department of Mineral Resources and Energy briefed the committee on 09 April 2024. On the 21St of March 2024 the Committee placed an advertisement on the Parliamentary Website as well as on all electronic media platforms, calling for public comments. Only two submissions were received by the Committee.
During the deliberations of 2 May 2024, the researcher introduced the public submission report details, introducing the two submissions received. One was from ESKOM, and the other from the Western Cape Ministry of Local Government, Environmental Affairs and Development Planning. The latter could not be considered as COGTA channels exist for other spheres of government to interact with national departments’ legislative processes.
ESKOM highlighted several concerns, including comments highlighting grammatical errors. A request was put forward to clarify several terms used in the Bill, and clarity is being sought regarding the process through which contraventions of the legislation will be addressed. Specific reference to clauses included inconsistencies in use of several terms in clauses 1 b, g and q when compared to the IAEA Glossary, and clarification was sought whether the Regulator may enforce a system of administrative fines via directives and criminalising certain aspects of non-compliance with requirements addressed in regulatory documents.
The department responded, stating that references made to the IAEA glossary is not accurate. The glossary is provided to member states but is subject to national law and how legislation changes national circumstances. Differences between glossary terms and legislative terms is a result of this. Glossary terms are aligned with national legislation. It was further stated that it was incorrect to state that the Bill is not aligned with the Constitution or other legislative processes, as the office of the Chief State Law Adviser would not have allowed the tabling of the Bill if it did not pass legal scrutiny.
Considering the response provided by the Department, the committee wished to enquire from the State Law Adviser how many Acts signed into law by the President were later challenged in court and found to be unconstitutional. The State Law Adviser clarified that none of the Bills vetted by herself had ever been found to be unconstitutional.
The Select Committee on Land Reform, Environment, Mineral Resources and Energy, having deliberated on and considered the subject of the National Nuclear Regulator Amendment Bill [B25B - 2023] National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, agrees to the Bill without amendments.
Report to be considered.