Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to prohibit the mining, extraction, treatment and transport of any uranium or uranium ore in or near any property in Australia in the World Heritage List, and for related purposes
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Registered 15 Feb 2008
Introduced Senate 28 May 1998

1996-97-98

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

Uranium Mining in or near Australian World Heritage Properties (Prohibition) Bill 1998

 

No.      , 1998

 

(Senator Allison)

 

 

 

A Bill for an Act to prohibit the mining, extraction, treatment and transport of any uranium or uranium ore in or near any property in Australia in the World Heritage List, and for related purposes

  

  

  


Contents

1............ Short title............................................................................................

2............ Commencement..................................................................................

3............ Interpretation.....................................................................................

4............ Identified property.............................................................................

5............ Application........................................................................................

6............ Act to bind Crown.............................................................................

7............ Prohibition of certain activity............................................................

8............ Enforcement.......................................................................................

 


A Bill for an Act to prohibit the mining, extraction, treatment and transport of any uranium or uranium ore in or near any property in Australia in the World Heritage List, and for related purposes

The Parliament of Australia enacts:

  

1  Short title

                   This Act may be cited as the Uranium Mining in or near Australian World Heritage Properties (Prohibition) Act 1998.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Interpretation

                   In this Act, unless the contrary intention appears:

Convention means the Convention for the Protection of the World Cultural and Natural Heritage that has been adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, being the convention a copy of the English text of which is set out in the Schedule to the World Heritage Properties Conservation Act 1983.

Federal Court means the Federal Court of Australia.

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution.

prohibited activity means the mining, extraction, treatment and transport of any uranium or uranium ore.

trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

4  Identified property

                   A reference in this Act to identified property is a reference to:

                     (a)  the property as included in the World Heritage List provided for in paragraph 1 of Article 11 of the Convention; or

                     (b)  any part of a property referred to in paragraph (a); or

                     (c)  any property adjacent or near to property identified in paragraph (a), if prohibited activity undertaken on the property would have the potential to affect World Heritage values under the Convention.

5  Application

                   This Act extends to all the external Territories.

6  Act to bind Crown

                   This Act binds the Crown in right of the Commonwealth, of each State, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown in right of the Commonwealth, of a State, or of the Australian Capital Territory, or of the Northern Territory or of Norfolk Island liable to be prosecuted for an offence.

7  Prohibition of certain activity

             (1)  It is unlawful for a person to carry out any prohibited activity on any identified property.

             (2)  It is unlawful for a body corporate that:

                     (a)  is a foreign corporation; or

                     (b)  is incorporated in a Territory; or

                     (c)  not being incorporated in a Territory, is a trading corporation formed within the limits of the Commonwealth;

whether itself or by its servant or agent to carry out prohibited activity on any identified property.

8  Enforcement

             (1)  The High Court or the Federal Court may, on the application of the Attorney-General or of an interested person, grant an injunction restraining a person from doing an act that is unlawful by virtue of section 7.

             (2)  Where, pursuant to subsection (1), an application is made to the High Court or the Federal Court for an injunction restraining a person from doing an act, the High Court or the Federal Court, as the case may be, may, if in the opinion of the Court it is desirable to do so before determining the application, grant an interim injunction restraining the person from doing that act pending the determination of the application.

             (3)  The reference in subsection (1) to an interested person, in relation to an act that is unlawful by virtue of section 7 in relation to particular identified property, is to be read as a reference to:

                     (a)  a person whose use or enjoyment of any part of the property is, or is likely to be, adversely affected by the doing of the act; or

                     (b)  an organisation or association of persons, whether incorporated or not, the objects or purposes of which include, and activities of which relate to, the protection or conservation of the identified property or of property of a kind that includes the property.

             (4)  Subsection (3) does not apply in relation to an act done:

                     (a)  before the organisation or association was formed;

                     (b)  before the objects or purposes of the organisation or association included the matter concerned; or

                     (c)  before the organisation or association engaged in activities related to the matter concerned.