Civil Liability for Nuclear Damage Act

• A written reply about the Civil Liability for Nuclear Damage Act was given in Lok Sabha.

What

• The Civil Liability for Nuclear Damage Act is legislation that deals with civil liability for nuclear damage and ensures prompt compensation to victims of nuclear incidents through a no-fault liability regime.

Highlights

• The Act provides for civil liability for nuclear damage, and the liability is channeled to the operator of the nuclear facility.
• Operators of nuclear facilities are required to maintain insurance or financial securities, or a combination of both, to cover their liability in case of a nuclear incident. They must also renew these insurance policies or financial securities periodically.
• The liability of the operator for each nuclear incident is based on the type of facility and power output. For example:
  • Nuclear reactors with thermal power equal to or above ten MW have a liability of 1500 crores.
  • Spent fuel reprocessing plants have a liability of 300 crores.
  • Research reactors, fuel cycle facilities, and transportation of nuclear materials with thermal power below ten MW have a liability of 100 crores.
• The India Nuclear Insurance Pool (INIP) was established to provide insurance to cover the liability of operators.
• The Central Government has the authority to review the operator’s liability and may specify a higher amount for compensation if necessary. copyright©iasexpress.net
• The Act adheres to the Convention on Supplementary Compensation (CSC), which offers a two-tier system for the amount of compensation.
• The Act places no-fault liability on operators but also gives them a right of recourse against certain persons.
• The operator’s liability is capped at 500 crore. For damage exceeding this amount and up to 300 million SDR, the central government will be liable.
• All operators (except the central government) need to take insurance or provide financial security to cover their liability.
• For government-owned facilities, the entire liability up to 300 million SDR will be borne by the government.
• The Act specifies who can claim compensation and designates the authorities responsible for assessing and awarding compensation for nuclear damage.
• Non-compliance with the provisions of the Act can result in penalties.

When

• The Civil Liability for Nuclear Damage Act was enacted in 2010.