PART XIII Provisions relating to source material specified
in Part 5 of Schedule 1 |
102. Possession, disposal, enrichment, re-processing
and export of source material specified in Part 5 of Schedule 1. (1) Except with the permission in writing of the Minister and subject to such conditions as may be so determined by the Minister, no person shall - (a) be in possession of any source material specified in Part 5 of Schedule 1, unless he or she - (i) has come into possession of such source material as a result of prospecting operations or mining operations lawfully carried on by him or her; (ii) is in possession of such source material on behalf of and authorized in writing by a person who - (aa)has so come into possession of such source material; (bb)has lawfully acquired such source material or is in possession of such source material on behalf of a person who has lawfully acquired such source material; (b) dispose of any source material specified in Part 5 of Schedule 1; (c) enrich or reprocess any such source material; (d) import any such source material into, or export such source material from, Namibia. (2) No person shall buy or otherwise receive from any other person any source material specified in Part 5 of Schedule 1, except upon production to him or her of the permission in writing referred to in subsection (1). (3) Any person who wishes to obtain the permission referred to in subsection (1) shall apply in such form as may be determined in writing by the Minister for such permission, and shall submit together with such application such documents and other information as may be required by the Minister. (4) For purposes of this section "enrich" shall mean to increase the ratio of an isotopic constituent of an element to the remaining isotopic constituents of that element relative to the naturally occurring ratio. 103. Offences and penalties. Any person who contravenes or fails to comply with the provisions of subsection (1) or (2) of section 102 or contravenes or fails to comply with any conditions of any permission in writing referred to in the said subsection (1), shall be guilty of an offence and on conviction liable to a fine not exceeding R50 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. |