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A Bill for an Act to amend the National Radioactive Waste Management Act 2012, and for related purposes
Administered by: Industry, Science, Energy and Resources
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 13 Feb 2020
Introduced HR 13 Feb 2020
Table of contents.

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020

 

No.      , 2020

 

(Industry, Science, Energy and Resources)

 

 

 

A Bill for an Act to amend the National Radioactive Waste Management Act 2012, and for related purposes

  

  


Contents

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

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Site specification                                                                                        3

National Radioactive Waste Management Act 2012                                           3

Schedule 2—Establishment of community fund                                               15

National Radioactive Waste Management Act 2012                                         15

Schedule 3—Other amendments                                                                                 19

National Radioactive Waste Management Act 2012                                         19

 

 


A Bill for an Act to amend the National Radioactive Waste Management Act 2012, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Site specification

  

National Radioactive Waste Management Act 2012

1  Title

Omit “selection”, substitute “specification”.

2  Section 3

Repeal the section, substitute:

3  Object of Act

             (1)  The object of this Act is to ensure that controlled material is safely and securely managed by providing for:

                     (a)  the specification of a site for a radioactive waste management facility; and

                     (b)  the establishment and operation of such a facility on the site specified.

             (2)  By ensuring that controlled material is safely and securely managed, this Act, among other things, gives effect to certain obligations that Australia has as a party to the Joint Convention, in particular, Australia’s obligations under Chapters 3 and 4 of the Joint Convention.

3  Section 4

Repeal the following definitions:

                     (a)  definition of Aboriginal land;

                     (b)  definition of general nomination start time.

4  Section 4

Insert:

Joint Convention means the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done at Vienna on 5 September 1997, as amended and in force for Australia from time to time.

Note:          The Joint Convention is in Australian Treaty Series 2003 No. 21 ([2003] ATS 21)] and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

5  Section 4

Repeal the following definitions:

                     (a)  definition of Land Council;

                     (b)  definition of Land Trust;

                     (c)  definition of nominator.

6  Section 4

Insert:

prescribed acquisition time: see subsection 19A(1).

relevant land: see subsection 23(6).

7  Section 4

Repeal the following definitions:

                     (a)  definition of selected site;

                     (b)  definition of site.

8  Section 4

Insert:

site acquisition time: see subsection 19(2).

specified site: see subsection 5(2).

9  Section 4

Repeal the following definitions:

                     (a)  definition of statutory authority;

                     (b)  definition of traditional Aboriginal owners.

10  Parts 2 and 3

Repeal the Parts, substitute:

Part 2Specification of site for facility

  

5  Specified site

             (1)  The site for the establishment and operation of a facility is the specified site.

             (2)  The specified site is the area that, at the site acquisition time, is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.

 

Specified site

Item

Description

1

The point that is at a bearing 270°52′40″ along the Tola Road boundary, and 25 metres west from the south‑east corner, of the land described in South Australian Certificate of Title Volume 5937 Folio 542, being Section 94, Hundred of Pinkawillinie, in the area named Pinkawillinie

2

Bearing 270°52′40″ for 581.80 metres

3

Bearing 270°53′10″ for 727.75 metres

4

Bearing 309°36′10″ for 122.73 metres

5

Bearing 0°35′40″ for 1063.30 metres

6

Bearing 90°53′20″ for 1407.54 metres

7

Bearing 180°44′40″ for 1140.00 metres to the starting point

 

11  Divisions 1 and 2 of Part 4

Repeal the Divisions.

12  Section 19 (at the end of the heading)

Add “—specified site for facility”.

13  Subsection 19(1)

Omit “time a declaration under subsection 14(2) takes effect, any rights or interests in the selected site that are specified in the declaration”, substitute “site acquisition time, all rights and interests in the specified site”.

14  Subsection 19(2)

Repeal the subsection, substitute:

             (2)  The site acquisition time is the time Schedule 1 to the National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Act 2020 commences.

15  After section 19

Insert:

19A  Acquisition or extinguishment—additional land for expansion of site for facility

             (1)  The regulations may prescribe additional land that is required to expand the site for the establishment and operation of a facility. If the regulations do so, the regulations must also prescribe an acquisition time (the prescribed acquisition time) for the land.

Note 1:       The site for the establishment and operation of a facility is the specified site (see section 5).

Note 2:       For additional land that is required for all‑weather access to the site, see section 19B.

             (2)  The additional land prescribed must consist of all, or one or more parts, of the area that, at the site acquisition time, is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.

 

Additional land that may be prescribed

Item

Description

1

The point that is at a bearing 270°52′40″ along the Tola Road boundary, and 25 metres west and bearing 0°44′40″ for 1140.00 metres north from the south‑east corner, of the land described in South Australian Certificate of Title Volume 5937 Folio 542, being Section 94, Hundred of Pinkawillinie, in the area named Pinkawillinie

2

Bearing 270°53′20″ for 1407.54 metres

3

Bearing 0°35′40″ for 377.06 metres

4

Bearing 91°53′40″ for 1408.72 metres

5

Bearing 180°44′40″ for 352.18 metres to the starting point

 

             (3)  Before the Governor‑General makes regulations under subsection (1) prescribing additional land, the Minister must be satisfied that consultation in relation to the land has been undertaken in accordance with section 19C.

             (4)  If additional land is prescribed by regulations under subsection (1), then, at the prescribed acquisition time for the land, all rights and interests in the land are, by force of this section:

                     (a)  acquired by the Commonwealth or extinguished; and

                     (b)  freed and discharged from all other rights and interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.

             (5)  Subsection (3) of this section does not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instruments).

19B  Acquisition or extinguishment—additional land for all‑weather access to site for facility

             (1)  The Minister may, by notifiable instrument, specify:

                     (a)  additional land that is required to provide all‑weather access to the specified site or to land prescribed by regulations under subsection 19A(1); and

                     (b)  any rights or interests in the additional land that are not required.

             (2)  Before the Minister makes an instrument under subsection (1) specifying additional land, the Minister must be satisfied that consultation in relation to the land has been undertaken in accordance with section 19C.

             (3)  At the time an instrument under subsection (1) specifying additional land takes effect, all rights and interests in the land (other than any rights and interests specified in the instrument as not being required) are, by force of this section:

                     (a)  acquired by the Commonwealth or extinguished; and

                     (b)  freed and discharged from all other rights and interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.

19C  Procedural fairness

             (1)  Consultation in relation to land is undertaken in accordance with this section if the Minister:

                     (a)  invites each person who has a right or interest in the land to comment, within the period specified in the invitation, on the proposal to prescribe, or specify, the land (as the case may be); and

                     (b)  takes into account any relevant comments given within that period.

             (2)  The period specified in the invitation for the purposes of paragraph (1)(a) must be not less than 30 days.

             (3)  The Minister is taken to have invited each person who has a right or interest in the land to comment if the Minister causes the invitation to be published:

                     (a)  in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory; and

                     (b)  in a local newspaper (if any) that circulates in the area in which the land is situated.

             (4)  This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the following:

                     (a)  a decision about the making of regulations under subsection 19A(1);

                     (b)  the Minister’s decision whether to make an instrument under subsection 19B(1).

16  Subsection 20(1)

Omit “Section 19 has”, substitute “Subsections 19(1), 19A(4) and 19B(3) have”.

17  Subsection 20(2)

Omit “section 19 has”, substitute “subsections 19(1), 19A(4) and 19B(3) have”.

18  Subsection 21(1)

Repeal the subsection, substitute:

             (1)  The Secretary of the Department may lodge with the Registrar‑General or other appropriate officer of South Australia:

                     (a)  a notice, signed by the Secretary, stating the rights and interests in the specified site acquired by the Commonwealth by force of subsection 19(1); and

                     (b)  if additional land is prescribed by regulations under subsection 19A(1)—a notice, signed by the Secretary, stating the rights and interests in the land acquired by the Commonwealth by force of subsection 19A(4); and

                     (c)  if additional land is specified in an instrument under subsection 19B(1)—a notice, signed by the Secretary, stating the rights and interests in the land acquired by the Commonwealth by force of subsection 19B(3).

19  Subsection 21(2)

Omit “copy”, substitute “notice”.

20  Subsection 21(2)

Omit “the State or Territory”, substitute “South Australia”.

21  Subsection 22(1)

Omit “Immediately after a declaration under subsection 14(2) takes effect, the”, substitute “The”.

22  Paragraph 22(2)(a)

Omit “selected” (wherever occurring), substitute “specified”.

23  Part 5 (heading)

Omit “selected site”, substitute “specified site etc.”.

24  Subsection 23(2)

Omit “selected site” (first occurring), substitute “relevant land”.

25  Paragraph 23(2)(c)

Omit “selected site”, substitute “relevant land”.

26  Paragraph 23(2)(g)

Omit “land specified in the declaration under subsection 14(4)”, substitute “the relevant land”.

27  Subsection 23(3)

Repeal the subsection, substitute:

             (3)  Without limiting subsection (2), the person may do any or all of the following under that subsection in relation to the relevant land:

                     (a)  gain access to and enter land and drive vehicles or fly aircraft to and from it;

                     (b)  in order to drive vehicles to and from land—use existing roads or construct roads on, or grade, land;

                     (c)  construct or rehabilitate bores;

                     (d)  operate drilling equipment;

                     (e)  extract water;

                      (f)  collect samples of flora and fauna;

                     (g)  place monitoring equipment (including meteorological and hydrological measuring equipment);

                     (h)  build structures to protect bores, monitoring equipment or other things;

                      (i)  move or extract sand, gravel, soil, mineral and rock samples;

                      (j)  conduct seismic or geological investigations;

                     (k)  conduct archaeological or heritage investigations;

                      (l)  clear vegetation.

28  Subsection 23(4)

Omit “selected site”, substitute “relevant land”.

29  Subsection 23(5)

Omit “selected site”, substitute “relevant land”.

30  At the end of section 23

Add:

             (6)  The relevant land is the following:

                     (a)  the specified site;

                     (b)  any additional land prescribed by regulations under subsection 19A(1) (if the prescribed acquisition time for the land has passed);

                     (c)  any additional land specified in an instrument under subsection 19B(1).

31  Part 6

Repeal the Part.

32  Section 34A

Repeal the section, substitute:

34A  Application of Part

                   This Part applies if:

                     (a)  a facility has been constructed at the specified site; and

                     (b)  a facility licence that authorises a person to operate the facility has been issued under the Australian Radiation Protection and Nuclear Safety Act 1998.

33  Paragraphs 34B(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  South Australia;

                     (c)  a Commonwealth entity or an authority of South Australia;

34  Subsection 34B(3)

Repeal the subsection.

35  Before Part 7

Insert:

Part 6CTransitional

  

34G  Authority to conduct certain activities

             (1)  This section applies if, before the site acquisition time, a thing was done under (or purportedly under) repealed section 11 of this Act on or in relation to land.

             (2)  A person to whom repealed section 11 of this Act applied immediately before the site acquisition time may do anything necessary for or incidental to the purpose of leaving the land, as nearly as practicable, in the condition in which it was immediately before the thing was done.

             (3)  Without limiting subsection (2), the person may do any or all of the following under that subsection:

                     (a)  gain access to and enter land and drive vehicles or fly aircraft to and from it;

                     (b)  in order to drive vehicles to and from land—use existing roads or construct roads on, or grade, land;

                     (c)  construct or rehabilitate bores;

                     (d)  operate drilling equipment;

                     (e)  extract water;

                      (f)  place monitoring equipment (including meteorological and hydrological measuring equipment);

                     (g)  build structures to protect bores, monitoring equipment or other things;

                     (h)  move or extract sand, gravel, soil, mineral and rock samples.

             (4)  A person doing a thing under this section must:

                     (a)  take all reasonable steps to ensure that the doing of the thing causes as little detriment and inconvenience, and does as little damage, as is practicable to the land and to anything on, or growing or living on, the land; and

                     (b)  remain on the land only for such period as is reasonably necessary.

34GA  Application of State and Territory laws

             (1)  A law, or a provision of a law, of a State or Territory (whether written or unwritten), so far as it relates to:

                     (a)  the use or proposed use of land or premises; or

                     (b)  the environmental consequences of the use of land or premises; or

                     (c)  the archaeological or heritage values of land, premises or objects (including the significance of land, premises or objects in the traditions of Indigenous people); or

                     (d)  controlled material, radioactive material or dangerous goods; or

                     (e)  licensing (however described) in relation to:

                              (i)  employment; or

                             (ii)  carrying on a particular kind of business or undertaking; or

                            (iii)  conducting a particular kind of operation or activity;

has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 34G.

             (2)  The regulations may prescribe a law, or a provision of a law, of a State or Territory for the purposes of this subsection. The prescribed law or provision has no effect to the extent that it would, apart from this subsection, regulate, hinder or prevent the doing of a thing authorised by section 34G.

             (3)  Regulations made for the purposes of subsection (2) may prescribe a law, or a provision of a law, whether or not it is a law or a provision of a kind described in subsection (1).

             (4)  The regulations may prescribe a law, or a provision of a law, of a State or Territory for the purposes of this subsection. The prescribed law or provision has effect despite anything else in this section.

34GB  Application of Commonwealth laws

             (1)  The following laws have no effect to the extent that they would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 34G:

                     (a)  the Aboriginal and Torres Strait Islander Heritage Protection Act 1984;

                     (b)  the Environment Protection and Biodiversity Conservation Act 1999.

             (2)  The regulations may prescribe another law, or a provision of another law, of the Commonwealth for the purposes of this subsection. The prescribed law or provision has no effect to the extent that it would, apart from this subsection, regulate, hinder or prevent the doing of a thing authorised by section 34G.

36  Subsection 35(1)

Omit “section 19”, substitute “subsection 19(1), 19A(4) or 19B(3)”.

37  Sections 37 and 40

Repeal the sections.

38  Schedules 1 and 2

Repeal the Schedules.

Schedule 2Establishment of community fund

  

National Radioactive Waste Management Act 2012

1  Section 4

Insert:

host community, for a facility, means the community located in the local government area in which the facility is situated.

local government area means an area that, as at the site acquisition time, is an area for which a council is constituted under the Local Government Act 1999 (SA).

NRWMF Community Fund entity: see subsection 34AA(1).

Note:          NRWMF is short for National Radioactive Waste Management Facility.

2  Part 6A (heading)

Repeal the heading, substitute:

Part 6ACommunity fund

3  After section 34A

Insert:

34AA  NRWMF Community Fund entity

             (1)  The NRWMF Community Fund entity is the entity prescribed by the regulations for the purposes of this subsection.

             (2)  Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that, before the entity was established, the following bodies were consulted on the type of entity to be established and associated governance arrangements:

                     (a)  the regional consultative committee mentioned in section 22;

                     (b)  the council, constituted under the Local Government Act 1999 (SA), that serves the local government area in which the facility is situated;

                     (c)  the Government of South Australia.

34AB  Payment to NRWMF Community Fund entity

             (1)  The Minister must, on behalf of the Commonwealth, make a payment to the NRWMF Community Fund entity for purposes associated with the economic and social sustainability of the host community for the facility, so as to support:

                     (a)  the establishment of the facility; and

                     (b)  the operation of the facility in safely and securely managing controlled material.

             (2)  The payment must not be made to the NRWMF Community Fund entity unless the entity is party to an agreement with the Commonwealth under section 34AC.

             (3)  The amount of the payment must be $20 million. The amount is to be paid as a single lump sum.

             (4)  A payment under this section is to be made out of money appropriated by the Parliament by another Act.

Note:          The other Act will usually be an Annual Appropriation Act.

34AC  Terms and conditions of payment

Scope

             (1)  This section applies to a payment made to the NRWMF Community Fund entity under section 34AB.

Terms and conditions

             (2)  The terms and conditions on which that payment is made are to be set out in a written agreement between the Commonwealth and the entity.

             (3)  An agreement under subsection (2) may be entered into by the Minister on behalf of the Commonwealth.

             (4)  The entity must comply with the terms and conditions set out in the agreement.

Core condition

             (5)  The agreement must include a condition to the effect that the entity will use the payment for purposes associated with the economic and social sustainability of the host community for the facility, so as to support:

                     (a)  the establishment of the facility; and

                     (b)  the operation of the facility in safely and securely managing controlled material.

Other terms and conditions

             (6)  The terms and conditions set out in the agreement must provide for the circumstances in which the entity must repay amounts to the Commonwealth.

Note:          An amount repayable to the Commonwealth would be a debt due to the Commonwealth.

             (7)  The regulations may prescribe other terms and conditions that are to be set out in the agreement.

             (8)  Subsections (5), (6) and (7) do not limit subsection (2).

4  Before section 34B

Insert:

Part 6BFee for use of facility

  

5  Section 34B (heading)

Omit “National Repository”.

6  Subsection 34B(1)

After “use the facility”, insert “mentioned in section 34A”.

7  After subsection 34B(2)

Insert:

          (2A)  The fee is payable to the Commonwealth.

8  Sections 34C to 34E

Repeal the sections.

Schedule 3Other amendments

  

National Radioactive Waste Management Act 2012

1  Section 4

Insert:

authority means:

                     (a)  in relation to a State:

                              (i)  a body corporate established for a public purpose by or under a law of the State; or

                             (ii)  an incorporated company in which the State, or a body corporate mentioned in subparagraph (a)(i), has a controlling interest; or

                     (b)  in relation to a Territory:

                              (i)  a body corporate established for a public purpose by or under a law of the Territory; or

                             (ii)  an incorporated company in which the Territory, or a body corporate mentioned in subparagraph (b)(i), has a controlling interest.

2  Section 4 (definition of controlled material)

Repeal the definition, substitute:

controlled material: see section 4A.

3  Section 4 (definition of facility)

Omit all the words after “controlled material”.

4  At the end of Part 1

Add:

4A  Meaning of controlled material

             (1)  Controlled material means controlled material within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 that is controlled material to which subsections (2) and (3) apply.

             (2)  This subsection applies to controlled material if:

                     (a)  it has been used in Australia, generated by activities in Australia, or sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel (within the meaning of the Australian Nuclear Science and Technology Organisation Act 1987); and

                     (b)  it is not high level radioactive material or spent nuclear fuel.

             (3)  This subsection applies to controlled material if it is one or more of the following:

                     (a)  controlled material that is radioactive waste (within the meaning of the Joint Convention);

                     (b)  controlled material that is generated as a result of activities that relate to the defence of Australia;

                     (c)  controlled material that needs to be securely managed to prevent its use in the commission of a terrorist act (within the meaning of section 100.1 of the Criminal Code);

                     (d)  controlled material that is generated, possessed or controlled by the Commonwealth or by a Commonwealth entity in the performance of its functions;

                     (e)  controlled material that is generated by a State or an authority of a State;

                      (f)  controlled material that is generated by a Territory or an authority of a Territory, or within a Territory.

5  Subsection 34B(1)

Omit “radioactive waste”, substitute “controlled material”.

6  Section 34F (heading)

Omit “waste”, substitute “controlled material”.

7  Section 34F

Omit “radioactive waste”, substitute “controlled material”.

8  Section 38

Repeal the section.