National Radioactive Waste Management Agency Bill

1. National Radioactive Waste Management Agency Bill 25 June 2008 Presented by:

2. Outline • Background • International Practice • National Radioactive Waste Management Agency Bill

3. Background • Activities generating Radwaste • Electricity production • Radiopharmaceuticals production • Radioisotope Production • Decontamination and decommissioning waste • Research and development

4. Background… Status of Radioactive waste in RSA • Spent Fuel (HLW) – Generated At Koeberg and at SAFARI-1 at NECSA • Koeberg Spent fuel - about 95% of total spent fuel inventory • Low and Intermediate Level Waste (LILW) from Koeberg disposed at Vaalputs • LILW from NECSA still on the Pelindaba site

5. Background… • White Paper on Energy Policy 1998 • Develop a radioactive waste management policy • Current governance and management framework • Nuclear Energy Act: Authority over Management of Radioactive Waste and Storage of irradiated fuel vests in the Minister • Regulations made in consultation with Ministers – Environmental Affairs & Tourism and Water Affairs & Forestry

6. Background… • Current governance and management framework • RSA acceded to the IAEA Joint Convention in 2006 • Eskom manages own waste, LILW to Vaalputs • Necsa manages own & waste from small operators as well, all currently on-site • National Nuclear Regulator issue nuclear authorisations and implements compliance programmes

7. Background… Radioactive Waste Management Policy and Strategy, 2005 • Lasting Long-Term solution to radioactive waste • Safe Management • Adequate Provision for radioactive waste management • Institutional Framework

8. Background… Radioactive Waste Management Policy and Strategy • National Committee on Radioactive Waste Management (NCRWM) • members: DEAT, DWAF, Health & NNR. • National Radioactive Waste Management Agency (NRWMA) • Radioactive Waste Management Fund (RWMF)

9. International Best Practice • International Best Practice in the nuclear sector to have an independent Agency managing the disposal of Radioactive Waste • Generators of Radioactive Waste Should not be entrusted the duty of also managing waste disposal • An independent Agency frees the generators of waste to concentrate on their core mandate. • Countries that have independent agencies include France, Spain, Hungary, Canada, Japan, Belgium etc.

10. National Radioactive Waste Management Agency Bill: Purpose • Establish the National Radioactive Waste Management Agency. • Agency will be responsible for Management of Radioactive Waste Disposal on a national basis, on behalf of the Minister. • The Agency will be wholly owned by the State.

11. Control and Management • Controlled by a Board of Directors • On the Board: DME, DEAT, DWAF, Health (+ no more than 5 other directors) • Chief Executive Officer • Chief Financial Officer

12. Functions of the Agency • Meet institutional Obligations of the Minister related to management of Radioactive Waste as provided for by the Nuclear Energy Act • Design and implement Disposal Solutions • Develop Radioactive Waste Acceptance and Disposal criteria • Assess and inspect the acceptability of waste for disposal and to issue disposal certificate • Manage, Operate and Monitor operational disposal Facilities • Manage and Monitor Closed disposal facilities

13. Functions of the Agency… • Investigate the need for any new disposal facilities • Site, design and construct new facilities as required • Define and conduct research and development aimed at long term radioactive waste management • Maintain a national radioactive waste database • Manage any Ownerless radioactive waste on behalf of the State

14. Functions of the Agency… • Assist generators of small quantities radioactive waste in the management of their waste • Provide information on radioactive waste management to the public living around disposal facilities and the public in general

15. Licensing of Agency • The Agency’s facilities will be licensed by the National Nuclear Regulator Financial Management • Agency will be a Schedule 3 public entity in terms of the PFMA • Agency will be allowed to accumulate surplus funds

16. Funds • Money appropriated by Parliament • Money transferred from the Radioactive Waste Management Fund (once established) • Money received for services rendered to waste generators (cost recovery) • Income or interest earned on cash balances • Loans raised in terms of the PFMA • Donations or contributions with the approval of the Minister

17. Disposal Certificate • Generators shall apply to the CEO for a waste disposal certificate • CEO may determine conditions necessary to ensure compliance with the radioactive waste acceptance criteria

18. Responsibilities of Generators of radwaste • Technical, Financial and Administrative management of wastes at their premises and during transportation • Develop and implement site specific waste management plans based on National Policy • Provide all relevant information on radwaste destined for disposal • Demonstrate compliance with conditions of disposal certificate

19. Assets and Liabilities • All assets, liabilities, licences, obligations and authorisations of the Vaalputs National Radioactive Waste Disposal Facility operated by NECSA will vest in the Agency • All employees of Necsa at the Vaalputs Disposal Facility will become staff members of the Agency

20. Regulations • Bill provides for the Minister to make regulations

21. Bill development Process • According to Nuclear Energy Act, 46 of 1999, Minister is responsible for Management of Radioactive Waste and Storage of irradiated fuel. • Radioactive Waste Management Policy and Strategy of 2005, requires the Agency to be established by an Act of Parliament within 5 years from 2005 • Minister of Environmental Affairs and Tourism consulted on the draft Bill

22. Thank you