Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
i
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
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
1
A Bill for an Act to amend the
National Radioactive
1
Waste Management Act 2012
, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Radioactive Waste Management
6
Amendment (Site Specification, Community Fund and Other
7
Measures) Act 2020
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Site specification
Schedule 1
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
3
Schedule 1--Site specification
1
2
National Radioactive Waste Management Act 2012
3
1 Title
4
Omit "
selection
", substitute "
specification
".
5
2 Section 3
6
Repeal the section, substitute:
7
3 Object of Act
8
(1) The object of this Act is to ensure that controlled material is safely
9
and securely managed by providing for:
10
(a) the specification of a site for a radioactive waste management
11
facility; and
12
(b) the establishment and operation of such a facility on the site
13
specified.
14
(2) By ensuring that controlled material is safely and securely
15
managed, this Act, among other things, gives effect to certain
16
obligations that Australia has as a party to the Joint Convention, in
17
particular, Australia's obligations under Chapters 3 and 4 of the
18
Joint Convention.
19
3 Section 4
20
Repeal the following definitions:
21
(a) definition of
Aboriginal land
;
22
(b) definition of
general nomination start time
.
23
4 Section 4
24
Insert:
25
Joint Convention
means the Joint Convention on the Safety of
26
Spent Fuel Management and on the Safety of Radioactive Waste
27
Management, done at Vienna on 5 September 1997, as amended
28
and in force for Australia from time to time.
29
Schedule 1
Site specification
4
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
Note:
The Joint Convention is in Australian Treaty Series 2003 No. 21
1
([2003] ATS 21)] and could in 2020 be viewed in the Australian
2
Treaties Library on the AustLII website (http://www.austlii.edu.au).
3
5 Section 4
4
Repeal the following definitions:
5
(a) definition of
Land Council
;
6
(b) definition of
Land Trust
;
7
(c) definition of
nominator
.
8
6 Section 4
9
Insert:
10
prescribed acquisition time
: see subsection 19A(1).
11
relevant land
: see subsection 23(6).
12
7 Section 4
13
Repeal the following definitions:
14
(a) definition of
selected site
;
15
(b) definition of
site
.
16
8 Section 4
17
Insert:
18
site acquisition time
: see subsection 19(2).
19
specified site
: see subsection 5(2).
20
9 Section 4
21
Repeal the following definitions:
22
(a) definition of
statutory authority
;
23
(b) definition of
traditional Aboriginal owners
.
24
10 Parts 2 and 3
25
Repeal the Parts, substitute:
26
Site specification
Schedule 1
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
5
Part 2--Specification of site for facility
1
2
5 Specified site
3
(1) The site for the establishment and operation of a facility is the
4
specified site.
5
(2) The
specified site
is the area that, at the site acquisition time, is
6
bounded by the line starting at the point described in item 1 of the
7
following table and running sequentially as described in the table.
8
9
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
10
11 Divisions 1 and 2 of Part 4
11
Repeal the Divisions.
12
12 Section 19 (at the end of the heading)
13
Add "
--specified site for facility
".
14
13 Subsection 19(1)
15
Omit "time a declaration under subsection 14(2) takes effect, any rights
16
or interests in the selected site that are specified in the declaration",
17
substitute "site acquisition time, all rights and interests in the specified
18
site".
19
Schedule 1
Site specification
6
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
14 Subsection 19(2)
1
Repeal the subsection, substitute:
2
(2) The
site acquisition time
is the time Schedule 1 to the
National
3
Radioactive Waste Management Amendment (Site Specification,
4
Community Fund and Other Measures) Act 2020
commences.
5
15 After section 19
6
Insert:
7
19A Acquisition or extinguishment--additional land for expansion
8
of site for facility
9
(1) The regulations may prescribe additional land that is required to
10
expand the site for the establishment and operation of a facility. If
11
the regulations do so, the regulations must also prescribe an
12
acquisition time (the
prescribed acquisition time
) for the land.
13
Note 1:
The site for the establishment and operation of a facility is the
14
specified site (see section 5).
15
Note 2:
For additional land that is required for all-weather access to the site,
16
see section 19B.
17
(2) The additional land prescribed must consist of all, or one or more
18
parts, of the area that, at the site acquisition time, is bounded by the
19
line starting at the point described in item 1 of the following table
20
and running sequentially as described in the table.
21
22
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
Site specification
Schedule 1
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
7
1
(3) Before the Governor-General makes regulations under subsection
2
(1) prescribing additional land, the Minister must be satisfied that
3
consultation in relation to the land has been undertaken in
4
accordance with section 19C.
5
(4) If additional land is prescribed by regulations under subsection (1),
6
then, at the prescribed acquisition time for the land, all rights and
7
interests in the land are, by force of this section:
8
(a) acquired by the Commonwealth or extinguished; and
9
(b) freed and discharged from all other rights and interests and
10
from all trusts, restrictions, dedications, reservations,
11
obligations, mortgages, encumbrances, contracts, licences,
12
charges and rates.
13
(5) Subsection (3) of this section does not limit section 17 of the
14
Legislation Act 2003
(rule-makers should consult before making
15
legislative instruments).
16
19B Acquisition or extinguishment--additional land for all-weather
17
access to site for facility
18
(1) The Minister may, by notifiable instrument, specify:
19
(a) additional land that is required to provide all-weather access
20
to the specified site or to land prescribed by regulations under
21
subsection 19A(1); and
22
(b) any rights or interests in the additional land that are not
23
required.
24
(2) Before the Minister makes an instrument under subsection (1)
25
specifying additional land, the Minister must be satisfied that
26
consultation in relation to the land has been undertaken in
27
accordance with section 19C.
28
(3) At the time an instrument under subsection (1) specifying
29
additional land takes effect, all rights and interests in the land
30
(other than any rights and interests specified in the instrument as
31
not being required) are, by force of this section:
32
(a) acquired by the Commonwealth or extinguished; and
33
Schedule 1
Site specification
8
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
(b) freed and discharged from all other rights and interests and
1
from all trusts, restrictions, dedications, reservations,
2
obligations, mortgages, encumbrances, contracts, licences,
3
charges and rates.
4
19C Procedural fairness
5
(1) Consultation in relation to land is undertaken in accordance with
6
this section if the Minister:
7
(a) invites each person who has a right or interest in the land to
8
comment, within the period specified in the invitation, on the
9
proposal to prescribe, or specify, the land (as the case may
10
be); and
11
(b) takes into account any relevant comments given within that
12
period.
13
(2) The period specified in the invitation for the purposes of paragraph
14
(1)(a) must be not less than 30 days.
15
(3) The Minister is taken to have invited each person who has a right
16
or interest in the land to comment if the Minister causes the
17
invitation to be published:
18
(a) in a daily newspaper that circulates generally in each State,
19
the Australian Capital Territory and the Northern Territory;
20
and
21
(b) in a local newspaper (if any) that circulates in the area in
22
which the land is situated.
23
(4) This section is taken to be an exhaustive statement of the
24
requirements of the natural justice hearing rule in relation to the
25
following:
26
(a) a decision about the making of regulations under subsection
27
19A(1);
28
(b) the Minister's decision whether to make an instrument under
29
subsection 19B(1).
30
16 Subsection 20(1)
31
Omit "Section 19 has", substitute "Subsections 19(1), 19A(4) and
32
19B(3) have".
33
Site specification
Schedule 1
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
9
17 Subsection 20(2)
1
Omit "section 19 has", substitute "subsections 19(1), 19A(4) and
2
19B(3) have".
3
18 Subsection 21(1)
4
Repeal the subsection, substitute:
5
(1) The Secretary of the Department may lodge with the
6
Registrar-General or other appropriate officer of South Australia:
7
(a) a notice, signed by the Secretary, stating the rights and
8
interests in the specified site acquired by the Commonwealth
9
by force of subsection 19(1); and
10
(b) if additional land is prescribed by regulations under
11
subsection 19A(1)--a notice, signed by the Secretary, stating
12
the rights and interests in the land acquired by the
13
Commonwealth by force of subsection 19A(4); and
14
(c) if additional land is specified in an instrument under
15
subsection 19B(1)--a notice, signed by the Secretary, stating
16
the rights and interests in the land acquired by the
17
Commonwealth by force of subsection 19B(3).
18
19 Subsection 21(2)
19
Omit "copy", substitute "notice".
20
20 Subsection 21(2)
21
Omit "the State or Territory", substitute "South Australia".
22
21 Subsection 22(1)
23
Omit "Immediately after a declaration under subsection 14(2) takes
24
effect, the", substitute "The".
25
22 Paragraph 22(2)(a)
26
Omit "selected" (wherever occurring), substitute "specified".
27
23 Part 5 (heading)
28
Omit "
selected site
", substitute "
specified site etc.
".
29
Schedule 1
Site specification
10
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
24 Subsection 23(2)
1
Omit "selected site" (first occurring), substitute "relevant land".
2
25 Paragraph 23(2)(c)
3
Omit "selected site", substitute "relevant land".
4
26 Paragraph 23(2)(g)
5
Omit "land specified in the declaration under subsection 14(4)",
6
substitute "the relevant land".
7
27 Subsection 23(3)
8
Repeal the subsection, substitute:
9
(3) Without limiting subsection (2), the person may do any or all of the
10
following under that subsection in relation to the relevant land:
11
(a) gain access to and enter land and drive vehicles or fly aircraft
12
to and from it;
13
(b) in order to drive vehicles to and from land--use existing
14
roads or construct roads on, or grade, land;
15
(c) construct or rehabilitate bores;
16
(d) operate drilling equipment;
17
(e) extract water;
18
(f) collect samples of flora and fauna;
19
(g) place monitoring equipment (including meteorological and
20
hydrological measuring equipment);
21
(h) build structures to protect bores, monitoring equipment or
22
other things;
23
(i) move or extract sand, gravel, soil, mineral and rock samples;
24
(j) conduct seismic or geological investigations;
25
(k) conduct archaeological or heritage investigations;
26
(l) clear vegetation.
27
28 Subsection 23(4)
28
Omit "selected site", substitute "relevant land".
29
29 Subsection 23(5)
30
Omit "selected site", substitute "relevant land".
31
Site specification
Schedule 1
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
11
30 At the end of section 23
1
Add:
2
(6) The
relevant land
is the following:
3
(a) the specified site;
4
(b) any additional land prescribed by regulations under
5
subsection 19A(1) (if the prescribed acquisition time for the
6
land has passed);
7
(c) any additional land specified in an instrument under
8
subsection 19B(1).
9
31 Part 6
10
Repeal the Part.
11
32 Section 34A
12
Repeal the section, substitute:
13
34A Application of Part
14
This Part applies if:
15
(a) a facility has been constructed at the specified site; and
16
(b) a facility licence that authorises a person to operate the
17
facility has been issued under the
Australian Radiation
18
Protection and Nuclear Safety Act 1998
.
19
33 Paragraphs 34B(1)(b) and (c)
20
Repeal the paragraphs, substitute:
21
(b) South Australia;
22
(c) a Commonwealth entity or an authority of South Australia;
23
34 Subsection 34B(3)
24
Repeal the subsection.
25
35 Before Part 7
26
Insert:
27
Schedule 1
Site specification
12
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
Part 6C--Transitional
1
2
34G Authority to conduct certain activities
3
(1) This section applies if, before the site acquisition time, a thing was
4
done under (or purportedly under) repealed section 11 of this Act
5
on or in relation to land.
6
(2) A person to whom repealed section 11 of this Act applied
7
immediately before the site acquisition time may do anything
8
necessary for or incidental to the purpose of leaving the land, as
9
nearly as practicable, in the condition in which it was immediately
10
before the thing was done.
11
(3) Without limiting subsection (2), the person may do any or all of the
12
following under that subsection:
13
(a) gain access to and enter land and drive vehicles or fly aircraft
14
to and from it;
15
(b) in order to drive vehicles to and from land--use existing
16
roads or construct roads on, or grade, land;
17
(c) construct or rehabilitate bores;
18
(d) operate drilling equipment;
19
(e) extract water;
20
(f) place monitoring equipment (including meteorological and
21
hydrological measuring equipment);
22
(g) build structures to protect bores, monitoring equipment or
23
other things;
24
(h) move or extract sand, gravel, soil, mineral and rock samples.
25
(4) A person doing a thing under this section must:
26
(a) take all reasonable steps to ensure that the doing of the thing
27
causes as little detriment and inconvenience, and does as
28
little damage, as is practicable to the land and to anything on,
29
or growing or living on, the land; and
30
(b) remain on the land only for such period as is reasonably
31
necessary.
32
Site specification
Schedule 1
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
13
34GA Application of State and Territory laws
1
(1) A law, or a provision of a law, of a State or Territory (whether
2
written or unwritten), so far as it relates to:
3
(a) the use or proposed use of land or premises; or
4
(b) the environmental consequences of the use of land or
5
premises; or
6
(c) the archaeological or heritage values of land, premises or
7
objects (including the significance of land, premises or
8
objects in the traditions of Indigenous people); or
9
(d) controlled material, radioactive material or dangerous goods;
10
or
11
(e) licensing (however described) in relation to:
12
(i) employment; or
13
(ii) carrying on a particular kind of business or undertaking;
14
or
15
(iii) conducting a particular kind of operation or activity;
16
has no effect to the extent that it would, apart from this section,
17
regulate, hinder or prevent the doing of a thing authorised by
18
section 34G.
19
(2) The regulations may prescribe a law, or a provision of a law, of a
20
State or Territory for the purposes of this subsection. The
21
prescribed law or provision has no effect to the extent that it
22
would, apart from this subsection, regulate, hinder or prevent the
23
doing of a thing authorised by section 34G.
24
(3) Regulations made for the purposes of subsection (2) may prescribe
25
a law, or a provision of a law, whether or not it is a law or a
26
provision of a kind described in subsection (1).
27
(4) The regulations may prescribe a law, or a provision of a law, of a
28
State or Territory for the purposes of this subsection. The
29
prescribed law or provision has effect despite anything else in this
30
section.
31
Schedule 1
Site specification
14
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
34GB Application of Commonwealth laws
1
(1) The following laws have no effect to the extent that they would,
2
apart from this section, regulate, hinder or prevent the doing of a
3
thing authorised by section 34G:
4
(a) the
Aboriginal and Torres Strait Islander Heritage
5
Protection Act 1984
;
6
(b) the
Environment Protection and Biodiversity Conservation
7
Act 1999
.
8
(2) The regulations may prescribe another law, or a provision of
9
another law, of the Commonwealth for the purposes of this
10
subsection. The prescribed law or provision has no effect to the
11
extent that it would, apart from this subsection, regulate, hinder or
12
prevent the doing of a thing authorised by section 34G.
13
36 Subsection 35(1)
14
Omit "section 19", substitute "subsection 19(1), 19A(4) or 19B(3)".
15
37 Sections 37 and 40
16
Repeal the sections.
17
38 Schedules 1 and 2
18
Repeal the Schedules.
19
Establishment of community fund
Schedule 2
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
15
Schedule 2--Establishment of community
1
fund
2
3
National Radioactive Waste Management Act 2012
4
1 Section 4
5
Insert:
6
host community
, for a facility, means the community located in the
7
local government area in which the facility is situated.
8
local government area
means an area that, as at the site acquisition
9
time, is an area for which a council is constituted under the
Local
10
Government Act 1999
(SA).
11
NRWMF Community Fund entity
: see subsection 34AA(1).
12
Note:
NRWMF is short for National Radioactive Waste Management
13
Facility.
14
2 Part 6A (heading)
15
Repeal the heading, substitute:
16
Part 6A--Community fund
17
3 After section 34A
18
Insert:
19
34AA NRWMF Community Fund entity
20
(1) The
NRWMF Community Fund entity
is the entity prescribed by
21
the regulations for the purposes of this subsection.
22
(2) Before the Governor-General makes regulations for the purposes of
23
subsection (1), the Minister must be satisfied that, before the entity
24
was established, the following bodies were consulted on the type of
25
entity to be established and associated governance arrangements:
26
(a) the regional consultative committee mentioned in section 22;
27
Schedule 2
Establishment of community fund
16
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
(b) the council, constituted under the
Local Government Act
1
1999
(SA), that serves the local government area in which the
2
facility is situated;
3
(c) the Government of South Australia.
4
34AB Payment to NRWMF Community Fund entity
5
(1) The Minister must, on behalf of the Commonwealth, make a
6
payment to the NRWMF Community Fund entity for purposes
7
associated with the economic and social sustainability of the host
8
community for the facility, so as to support:
9
(a) the establishment of the facility; and
10
(b) the operation of the facility in safely and securely managing
11
controlled material.
12
(2) The payment must not be made to the NRWMF Community Fund
13
entity unless the entity is party to an agreement with the
14
Commonwealth under section 34AC.
15
(3) The amount of the payment must be $20 million. The amount is to
16
be paid as a single lump sum.
17
(4) A payment under this section is to be made out of money
18
appropriated by the Parliament by another Act.
19
Note:
The other Act will usually be an Annual Appropriation Act.
20
34AC Terms and conditions of payment
21
Scope
22
(1) This section applies to a
payment made to the NRWMF
23
Community Fund entity under section 34AB.
24
Terms and conditions
25
(2) The terms and conditions on which that payment is made are to be
26
set out in a written agreement between the Commonwealth and the
27
entity.
28
(3) An agreement under subsection (2) may be entered into by the
29
Minister on behalf of the Commonwealth.
30
Establishment of community fund
Schedule 2
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
17
(4) The entity must comply with the terms and conditions set out in the
1
agreement.
2
Core condition
3
(5) The agreement must include a condition to the effect that the entity
4
will use the payment for purposes associated with the economic
5
and social sustainability of the host community for the facility, so
6
as to support:
7
(a) the establishment of the facility; and
8
(b) the operation of the facility in safely and securely managing
9
controlled material.
10
Other terms and conditions
11
(6) The terms and conditions set out in the agreement must provide for
12
the circumstances in which the entity must repay amounts to the
13
Commonwealth.
14
Note:
An amount repayable to the Commonwealth would be a debt due to
15
the Commonwealth.
16
(7) The regulations may
prescribe other terms and conditions that are
17
to be set out in the agreement.
18
(8) Subsections (5), (6) and (7) do not limit subsection (2).
19
4 Before section 34B
20
Insert:
21
Part 6B--Fee for use of facility
22
23
5 Section 34B (heading)
24
Omit "
National Repository
".
25
6 Subsection 34B(1)
26
After "use the facility", insert "mentioned in section 34A".
27
7 After subsection 34B(2)
28
Insert:
29
Schedule 2
Establishment of community fund
18
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
(2A) The fee is payable to the Commonwealth.
1
8 Sections 34C to 34E
2
Repeal the sections.
3
Other amendments
Schedule 3
No. , 2020
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
19
Schedule 3--Other amendments
1
2
National Radioactive Waste Management Act 2012
3
1 Section 4
4
Insert:
5
authority
means:
6
(a) in relation to a State:
7
(i) a body corporate established for a public purpose by or
8
under a law of the State; or
9
(ii) an incorporated company in which the State, or a body
10
corporate mentioned in subparagraph (a)(i), has a
11
controlling interest; or
12
(b) in relation to a Territory:
13
(i) a body corporate established for a public purpose by or
14
under a law of the Territory; or
15
(ii) an incorporated company in which the Territory, or a
16
body corporate mentioned in subparagraph (b)(i), has a
17
controlling interest.
18
2 Section 4 (definition of
controlled material
)
19
Repeal the definition, substitute:
20
controlled material
: see section 4A.
21
3 Section 4 (definition of
facility
)
22
Omit all the words after "controlled material".
23
4 At the end of Part 1
24
Add:
25
4A Meaning of
controlled material
26
(1)
Controlled material
means controlled material within the meaning
27
of the
Australian Radiation Protection and Nuclear Safety Act
28
1998
that is controlled material to which subsections (2) and (3)
29
apply.
30
Schedule 3
Other amendments
20
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill 2020
No. , 2020
(2) This subsection applies to controlled material if:
1
(a) it has been used in Australia, generated by activities in
2
Australia, or sent to Australia under contractual arrangements
3
relating to the conditioning or reprocessing of ANSTO spent
4
nuclear fuel (within the meaning of the
Australian Nuclear
5
Science and Technology Organisation Act 1987
); and
6
(b) it is not high level radioactive material or spent nuclear fuel.
7
(3) This subsection applies to controlled material if it is one or more of
8
the following:
9
(a) controlled material that is radioactive waste (within the
10
meaning of the Joint Convention);
11
(b) controlled material that is generated as a result of activities
12
that relate to the defence of Australia;
13
(c) controlled material that needs to be securely managed to
14
prevent its use in the commission of a terrorist act (within the
15
meaning of section 100.1 of the
Criminal Code
);
16
(d) controlled material that is generated, possessed or controlled
17
by the Commonwealth or by a Commonwealth entity in the
18
performance of its functions;
19
(e) controlled material that is generated by a State or an authority
20
of a State;
21
(f) controlled material that is generated by a Territory or an
22
authority of a Territory, or within a Territory.
23
5 Subsection 34B(1)
24
Omit "
radioactive waste
", substitute "
controlled material
".
25
6 Section 34F (heading)
26
Omit "
waste
", substitute "
controlled material
".
27
7 Section 34F
28
Omit "radioactive waste", substitute "controlled material".
29
8 Section 38
30
Repeal the section.
31