Proposed pebble bed modular reactor
Conclusions of the Scoping Phase
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- 1.5Governance of the EIA and other approval requirements
- Regulations
- Treaties/Conventions
- Policies
- Environmental and Radiological Governance
1.4Conclusions of the Scoping PhaseThe conclusion of the scoping phase were:
1.5Governance of the EIA and other approval requirementsThe proposed Plant and Fuel Manufacture and associated transport of nuclear materials is governed by various Acts, Regulations, Treaties and Policies which are listed hereunder: Acts
Further to the national statutes (acts and regulations) a number of provincial and local authority regulations/ordinances must be satisfied, particularly those related to land-use planning, economics and service provision. Regulations:
Treaties/Conventions:
South Africa, as a responsible member of the world community, has become a signatory to a variety of international agreements, dealing with issues such as marine conservation and pollution, the atmosphere, fauna and flora, Antartica, whaling and the conservation of wetlands. These conventions place specific environmental impact management requirements and obligation on the South African Government in complying to the aims and objections of these conventions. In cases where the proposed undertaking of an identified activity may influence or affect compliance with these conventions or is likely to have a significant detrimental effect across South Africa’s international boundaries, special procedures and EIA requirements may be required. South Africa acceded to the Bonn Convention in December 1991. The convention was a response to the need for nations to co-operate in the conservation of animals that migrate across their borders. These include terrestrial animals, reptiles, marine species and birds. Special attention is paid to endangered species. No direct application to the proposed PBMR project.
The main objectives of this convention are the protection of endangered species, the economic utilisation of species, monitoring the status of species and control of illegal trade. No direct application to the proposed PBMR project.
The aim is to effect international co-operation in the conservation of biological diversity and to promote the sustainable use of living natural resources world-wide. No direct application to the proposed PBMR project, however the protection of biological diversity within the affected areas of the PBMR demonstration module and fuel plant will be undertaken through the construction EMP and operational environmental surveillance programmes and general operating practices.
South Africa is a founder member of the IWC and has a proud record regarding conservation and research for whale management. No direct application to the proposed PBMR project.
South Africa became a signatory in January 1990. The protocol is aimed at ensuring measures to protect the ozone layer. No direct application to the proposed PBMR project.
South Africa became party to the convention in May 1994. The main objectives of the convention are the reduction of the production of hazardous waste and the restriction of transboundary movement and disposal of such waste. This has application to the proposed PBMR project and are factored into the requirements of the National Nuclear Regulator with regard to the waste generated by the proposed Plant.
The convention addresses the threat of global climate change by urging governments to reduce the sources of greenhouse gases. Although no obligations to the reduction of greenhouse gases rests on South Africa as a developing nation, it is of relevance to the proposed PBMR project in that it was noted at the 18th World Energy Congress (October 2001) that for electricity generation “the most effective means currently in use to reduce CO2 emissions are nuclear power and hydroelectric power” and that “they should continue to play an important role in electricity generation.”
Convention concerning the protection of the world cultural and natural heritage. This has application to the proposed PBMR project. It needs to be noted that the Koeberg Nuclear Power Station is in proximity to Robin Island a recognised world heritage site and that Eskom has established a nature reserve on its surrounding land. The Koeberg nature Reserve has been declared a private nature reserve and a natural heritage site. The siting of the PBMR demonstration module and the EMP requirements take this into account in terms of the Emergency Planning Procedures.
Convention to combat desertification in those countries experiencing serious drought and/ or desertification, particularly in Africa. No direct application to the proposed PBMR project. However, the siting of the PBMR demonstration module allows the use of sea water for the indirect cooling requirements, therefore conserving fresh water resources.
This Treaty makes provision for the international regulation of nuclear and other materials or precursory materials that may be employed for the manufacture, harbouring and use of devices or weapons of mass destruction. The PBMR thus have application to the non-proliferation of nuclear weapons. This has specific and implied meaning for the use of such materials (including nuclear material) for commercial application since they must be declared and fully accounted for at national and international level. The Minister of Minerals and Energy functions as the national governor for the implementation of this Treaty, and Safeguards Agreement. The proposed PBMR has definitive application in terms of the Treaty and is dealt with in more detail in the Executive Summary and EIR (Chapter 4.2.3). Policies:
The different authorities that administer these Acts/Regulation/Treaties/Policies each have their own unique processes for approval and governance. The environmental authorisation process (i.e. the EIA) is only one of these process(es) and not an all embracing or final approval process. Approval by one authority does not automatically entail approval by another authority. To ensure diligent governance, the government has decided that the National Cabinet will in addition to the other compliance processes, jointly decide on the progressive development of the project, to provide the public with additional assurance.
The NNR functions in terms of the Nuclear Regulator Act (Act No. 47 of 1991) and serves as the approval authority for the nuclear licence related to the radiological safety/health and the protection of the public, property and the environment. The applicant (Eskom) has also prepared and submitted a Safety Case and Safety Analysis Reports to the NNR for evaluation. Once satisfied, the NNR will issue a licence. Licensing is a staged process, involving site preparation, a construction licence, commissioning licence and an operation/maintenance licence for the Plant. The radiological safety standards applied by the NNR conform to the international standards established by the International Atomic Energy Agency (IAEA) and inform this EIR. The Minister for Mineral and Energy, in terms of the Nuclear Energy Act (Act No. 46 of 1999), furthermore regulates the use and transportation of nuclear materials and waste. Additionally the National Cabinet has established decision milestones to consider and approve consecutive stages of the project. The above main approval processes are independent of one another, therefore providing various checks and balances on governance for public assurance.
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