Philippines President Ferdinand Marcos Jr signed the Philippine National Nuclear Energy Safety Act establishing a national framework for the safe and peaceful use of nuclear energy in the Philippines, banning its use for military and non-civilian applications. The new law was published on the Official Gazette website.
The law says the State’s policy is to “harness the peaceful, safe, and secure use of atomic energy to provide benefits in the fields of energy production, health and medicine, scientific research, agriculture, industry, education, and others.”
The State will only use nuclear energy for peaceful purposes. All facilities and activities related to the acquisition or development of nuclear explosives, radiological dispersal devices and other non-peaceful uses of nuclear or other radioactive material or technology, including assisting others, are strictly prohibited.
The law also established the Philippine Atomic Energy Regulatory Authority (PhilATOM) as an independent and quasi-judicial body to oversee all nuclear and radiation activities. PhilATOM will have “sole and exclusive jurisdiction to exercise regulatory control” over the peaceful, safe, and secure uses of nuclear energy and radiation sources in the Philippines.
It will take over all regulatory powers of other government agencies with respect to nuclear energy and radiation sources will be headed by a director general to be appointed by the President for a five-year term, assisted by four deputy directors general.
The new authority can issue implementing rules, safety standards, and guidelines, and enforce compliance through inspections, notices of violation, and penalties. It also has the power to suspend, modify, or revoke authorisations, after due notice and hearing, in case of failure to comply with the new law’s provisions.
The law requires authorisation for all nuclear-related activities, such as siting, construction, operation, commissioning, and decommissioning of a nuclear or radiation facility and other associated activities. Applicants for authorisation must demonstrate adequate safety and security measures and will bear prime responsibility for operations once granted authorisation.
A national plan to mitigate the consequences or impact of nuclear or radiological incidents will be integrated in the National Disaster Risk Reduction and Management Council framework.
PhilATOM will enforce requirements for the physical protection and transport of nuclear material and categorise nuclear substances by its risk level. It will establish a national registry of radioactive waste and spent fuel inventory, which will cover regulation, documentation, and long-term control of disposal sites to ensure accountability for spent fuel and waste.
Punishable offenses include the unauthorised operation of nuclear facilities, improper handling of radioactive material, the intentional release of nuclear energy, and the provision of false or misleading information. Violators face fines of up to PHP10m ($171,000), licence revocation, and imprisonment of up to five years.
