Nuclear Law and Malaysian Legal Framework on Nuclear Security AISHAH BIDIN FACULTY OF LAW UKM

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Nuclear Law and Malaysian Legal Framework on Nuclear Security AISHAH BIDIN FACULTY OF LAW UKM

2 Nuclear Law The body of law which governs the principles of nuclear energy and its legislative process and procedures Licensing, Inspection and Enforcement Radiation Protection and Safety Emergency Response and Management Transport of Radioactive Material The Management of Radioactive Waste Decommissioning Nuclear Liability in Cases of Nuclear Accidents International Trade of Nuclear Materials IAEA Guides, Standards and Codes.

IAEA 19 Nuclear UCInfrastruNcture Issues NUCLEAR INFRASTRUCTURE 3 State-of-readiness assessment carried out at each Milestone

National Energy Committee 4 CABINET COMMITTEE ON ENERGY NUCLEAR POWER DEVELOPMENT STEERING COMMITTEE Ministry of Energy, Green Technology & Water NUCLEAR POWER PROGRAM WORKING COMMITTEE Malaysia Nuclear Agency Educational Program & Public Awareness Human Capital Development Technology Assessment NUCLEAR POWER PROJECT WORKING COMMITTEE Tenaga Nasional Bhd. (TNB) Site ID Nuclear Fuel Procurement Planning NPP Conceptual Design (inc. PM & QA) REGULATORY DEVELOPMENT COORDINATION WORKING COMMITTEE Atomic Energy Licensing Board (AELB) & Energy Commission (EC) Regulation & Licensing of Electricity Generation Regulation & Licensing of NPP 4

5 Malaysian Legal Framework on Nuclear Energy Main Legislation Atomic Energy Licensing Act 1984 (Act 304 Regulations & Approvals Radiation Protection (Licensing) Regulations 1986 Radiation Protection (Basic Safety Standard) Regulations 1988 Radiation Protection (Transportation) Regulations 1989 Radiation Protection (Appeal) Regulations 1990 Import & Export Guidance for Radioactive Material (Category 1 & 2) including online permits

6 Atomic Energy Licensing Act, 1984 (Act 304) Act: provides the basic law concerning the development and utilization of atomic energy and safety regulations. Regulations: provides more detailed provisions entrusted by the Act. Provides additional requirement which not stated in the regulations or special matters related to provisions entrusted by the Act Provides guides, codes and standards to comply with and achieve goal impose in regulations

7 Radiation Protection & Security Infrastructure Establishment of emergency planning and preparedness: cooperation with National Disaster Centre Lead Agency for Radiological Emergency Launch inter-agency National Drill Technical Support Organization(TSO): Nuclear Malaysia Agency Cooperation with relevant government agencies have been established: Ministry of Health, Royal Customs Malaysia, Royal Malaysian Police etc.

8 Normative Role of IAEA The IAEA as a Party to an Agreement The IAEA as a Forum/Depositary The IAEA as a Standard Setting Organization

9 Offences related to Nuclear terrorism Conventions: 1980 Physical Protection of nuclear material(in force) 1997 Terrorism Bombing Convention (in force) 2005 Protocol to the Maritime Safety Convention 2005 Protocol to the Fixed Platforms Protocol 2005 Nuclear Terrorism Convention (in force) UN Security Council resolutions: (1373)(1456)(1624)(1822) 1540 (2004) UN General Assembly resolutions inviting states to sign and ratify the Nuclear Terrorism Convention: 59/290, 60/73, 62/71, 62/172 (mandates of the Terrorism Prevention Branch of UNODC)

10 Domestic Legislations- Issues on security, liabilities and offences (19 legislations) Official Secret Act 1972 Data Protection Act Sedition Act 1948 Printing Press and Publication Act 1984 Prevention of Crime Act 1959 Criminal Justice Act 1953 Penal Code (Act 574) Criminal Procedure Code (Act 593) Public Order Preservation Act 1958

Immigration Act 1959 Police Act 1967 Official Secret Act 1972 Mutual Assistance in Criminal Matters Act 2002 Extradition Act 1992 Arms Act 1960 Firearm (Increased Penalties ) Act 1971 Explosives Act 1957 11

12 INTERNATIONAL LEGAL INSTRUMENTS 1) Convention on Nuclear Safety 1994; 2) Convention on Early Notification of a Nuclear Accident 1986; 3) Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency 1986; 4) Convention on Physical Protection of Nuclear Material (CPPNM) and 2005 Amendment; 5) Convention on Suppression of Acts of Nuclear Terrorism (CNT); 6) 1963 Vienna Convention on Civil Liability for Nuclear Damage; 7) 1997 Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage; 8) Comprehensive Safeguards Agreement (CSA); 9) Additional Protocol pursuant to Comprehensive Safeguards Agreement; 10) Nuclear Non-Proliferation Treaty (NPT); 11)Treaty on South-East Asia Nuclear Weapon-Free Zone (SEANWFZ); 12) Code of Conduct on the Safety and Security of Radioactive Sources; 13) Code of Conduct on the Safety of Research Reactors.

13 Malaysia Nuclear Liability Policy and Approach To adopt international best practice and international obligations; Vienna Convention on Civil Liability of Nuclear Damage; Convention on Supplementary Compensation for Nuclear Damage To ensure national legal framework is in place: introduce to national legal framework - amendment of Act 304 To ratify to relevant international obligations.

14 Challenges Strong legal and institutional framework that facilitate the production of nuclear energy Aspects on governance - independence Licensing Issues- Interface between state and federal, intergovernmental Harmonization with other acts and regulations Public acceptance Nuclear liability Waste management program Human Capital /Expertise Adherence to legal instruments relating to Nuclear Security

Key Challenges in Nuclear Power Deployment 15 Public Acceptance International Governance Challenge Promote public acceptance Sign/ratify relevant treaties & conventions Potential resolution Public opinion survey to identify priority segments & concerns Awareness projects Transparency in project implementation Fast-track process and make government priority Regulatory context Put in place detailed regulations Align on international best practices Top-down mandate to accelerate process Engage foreign experts to assess site & construction permit applications Nuclear Plant Site Acquisition Construction timeline Project Financing Acquire approval for plant sites Obtain public support in locality Require best-in-class timeline from vendors Obtain low-cost financing Public information programme Option for localities to bid to host nuclear plants as in Japan & Republic of Korea Negotiate with vendors based on timeline Combine low-cost & market financing (e.g. sovereign-guaranteed foreign export credits, foreign equity, commercial loans, including Islamic financing)

16 The Way Forward Nuclear renaissance and nuclear strategic related issues; Implementing safety, security and safeguards (3S s) measures; Enhancing capability and capacity in enhancing 3S s; Transparency in nuclear security matters Strong regional network and cooperation in promoting nuclear security; and, Regional human capital development is vital in ensuring effective implementation of nuclear security initiatives

17 THANK YOU aishahbidin60@gmail.com Professor Dato Dr Aishah Bidin Faculty of Law UKM

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