Abstract
This research is aimed at providing insight into various nuclear regimes for countries that are looking to start a nuclear energy programme but have yet to develop such regimes, as well as those with a well-established nuclear programme. It will also evaluate the value of independence of nuclear regulators with regards nuclear safety whether independence on its own is of any value to the society or the nuclear regulator needs to be more effective in giving effect to the objective and mandate it was established for. Based on the fact that there is currently no yardstick available to measure the effectiveness of the nuclear regulator in carrying out its functions, a number of pointers are listed which failed will indicate the ineffectiveness of the nuclear regulators in protecting the public, environment and the property from the harmful effects of radiation. It will also highlight the value of flexibility in nuclear licensing in order to find the right fit between the nuclear regulatory circumstances and not sticking to the design of the nuclear regulatory regimes when they are not relevant. In addition, this paper will indicate the advantages and disadvantages of various regulatory regimes applicable to the nuclear regulatory authority, and most importantly show the fundamental difference between ‘as low as reasonably achievable, (ALARA), economic and social factors being taken into account’ and ‘as low as reasonably practicable’ (ALARP), and why these two cannot be used interchangeably.
Highlights
In the past two decades, there has been in a significant increase in interest in nuclear power as a result of international pressure to reduce CO2 emissions which is Target no 1 of 8 of the United Nations (UN) Secretariat Climate Action Plan (Absolute and Per Capita reduction of 25% by 2025 and 45% by 2045)
South Africa is no exception from this controversy; one of the classical examples of legal challenges resulting from lack of buy-in/public acceptance of some of the regulations is the case of McDonald vs. Department of Mineral and Energy (DME) [17] in which the DME used RD-00157 to try and prevent further spatial development within the 16 km zone dedicated to the emergency planning zone (EPZ) with a view to ensuring that the emergency preparedness and response plans remained viable and effective; as such, there should be no more development because this would impede evacuation in the case of a nuclear accident where evacuations are recommended
This Act made provision for the continuation of the CNS as a juristic person: The Council for Nuclear Safety established by section 24 of the Nuclear Energy Act, 1982 (Act No 92 of 1982), shall continue as a juristic person known as the CNS, notwithstanding the repeal of that Act by this Act
Summary
In the past two decades, there has been in a significant increase in interest in nuclear power as a result of international pressure to reduce CO2 emissions which is Target no 1 of 8 of the UN Secretariat Climate Action Plan (Absolute and Per Capita reduction of 25% by 2025 and 45% by 2045). Some of the countries that have seen an increase in the construction of nuclear power stations are listed, where the full names of the abbreviations in the table refer are as follows: BWR (Boiling water reactor), FNR (Fast neutron reactor) HTGR (High temperature gas-cooled reactor), PHWR (Pressurised heavy water reactor), PWR (Pressurised water reactor). Some of the countries with construction projects that started as recently as 2018 are listed in Table 2 and comprise a combined capacity of 6279 MWe
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