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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Nuclear Waste Storage (Prohibition)
Amendment Bill 2003
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Long title amended 2
5. Section 1 amended 2
6. Section 3 amended 2
7. Section 4 amended 4
8. Section 5 amended 4
9. Section 7 amended 4
10. Section 7A inserted 5
11. Section 8 amended 5
12. Section 8A inserted 6
13. Consequential amendment to the Nuclear Activities
Regulation Act 1978 7
14. Consequential amendment to the Radiation Safety
Act 1975 7
220--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Nuclear Waste Storage (Prohibition)
Amendment Bill 2003
A Bill for
An Act to amend the Nuclear Waste Storage (Prohibition) Act 1999.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Nuclear Waste Storage
(Prohibition) Amendment Act 2003.
page 1
Nuclear Waste Storage (Prohibition) Amendment Bill 2003
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act, other than in sections 13 and 14,
are to the Nuclear Waste Storage (Prohibition) Act 1999*.
[* Act No. 54 of 1999.]
4. Long title amended
The long title is amended by deleting "or disposal" and inserting
10 instead --
" , disposal or transportation ".
5. Section 1 amended
Section 1 is amended by inserting after "Storage" --
" and Transportation ".
15 6. Section 3 amended
(1) Section 3 is amended by inserting before "In this Act" the
subsection designation "(1)".
(2) Section 3 is amended by inserting the following definitions in
the appropriate alphabetical positions --
20 "
"nuclear plant" means a nuclear reactor, a
radioisotope enrichment plant involved in the
enrichment of uranium or plutonium, a nuclear
reprocessing plant or a nuclear weapons facility,
25 whether or not it is in a place to which this Act
applies;
page 2
Nuclear Waste Storage (Prohibition) Amendment Bill 2003
s. 6
"person" includes, without limiting the Interpretation
Act 1984, the Crown in all its capacities;
".
(3) Section 3 is amended by deleting the definition of "nuclear
5 waste" and inserting instead --
"
"nuclear waste" means material --
(a) that is or contains a radioactive substance;
and
10 (b) that --
(i) is waste of a nuclear plant; or
(ii) results from the testing, use or
decommissioning of nuclear weapons,
whether or not that material has been conditioned
15 or reprocessed;
".
(4) Section 3 is amended by deleting the definition of "Radiological
Council".
(5) At the end of section 3 the following subsections are inserted --
20 "
(2) For the purposes of the definition of "nuclear waste",
waste of a nuclear plant does not include waste that
results from the use of the products of a nuclear plant.
(3) For the purposes of this Act, a person transports
25 nuclear waste in the State whether or not the origin or
destination of the waste is a place to which this Act
applies.
".
page 3
Nuclear Waste Storage (Prohibition) Amendment Bill 2003
s. 7
7. Section 4 amended
Section 4 is amended as follows:
(a) by deleting "State or" and inserting instead --
" State, ";
5 (b) by inserting after "waste" in the second place where it
occurs --
" and the transportation in this State of nuclear waste ".
8. Section 5 amended
Section 5(2) is repealed and the following subsection is inserted
10 instead --
"
(2) An authorisation within the meaning of section 41A of
the Radiation Safety Act 1975 that has been granted or
effected with the consent of both Houses of Parliament
15 in accordance with that section has effect according to
its terms.
".
9. Section 7 amended
After section 7(2) the following subsections are inserted --
20 "
(3) Subsection (1) does not apply if the construction or
operation, or the use of the place --
(i) results from an emergency situation; and
(ii) is for the purpose of preventing danger to
25 human life or health, or irreversible damage to
the environment, arising from that situation.
(4) Proceedings for a contravention of subsection (1) are to
be dealt with by a court constituted by a magistrate.
".
page 4
Nuclear Waste Storage (Prohibition) Amendment Bill 2003
s. 10
10. Section 7A inserted
After section 7 the following section is inserted --
"
7A. Prohibition against transporting nuclear waste
5 (1) A person shall not transport nuclear waste in the State.
(2) A person who contravenes subsection (1) commits an
offence.
Penalty: $500 000.
(3) Subsection (1) does not apply if the transport is carried
10 out in an emergency situation to prevent danger to
human life or health or irreversible damage to the
environment.
(4) Proceedings for a contravention of subsection (1) are to
be dealt with by a court constituted by a magistrate.
15 ".
11. Section 8 amended
(1) Section 8(1) is amended as follows:
(a) by deleting "7" in the first place where it occurs and
inserting instead --
20 " 7 or 7A ";
(b) by deleting "section 7" in the second place where it
occurs and inserting instead --
" the section ".
(2) Section 8(2) and (3) are amended by deleting "7" and inserting
25 instead --
" 7 or 7A ".
page 5
Nuclear Waste Storage (Prohibition) Amendment Bill 2003
s. 12
12. Section 8A inserted
After section 8 the following section is inserted --
"
8A. Injunctions
5 (1) The Minister may apply to a court (including the
Supreme Court) for an injunction to prevent a person
from doing anything that would involve --
(a) the construction or operation of a nuclear waste
storage facility in the State;
10 (b) the use of any place in the State for the storage
or disposal of nuclear waste;
(c) the transport of nuclear waste in the State,
or that would facilitate or provide assistance in relation
to any of those matters.
15 (2) It is not necessary for the Minister to prove that the act
or failure sought to be prevented by the injunction has
previously occurred or would, if the injunction were
not granted, be likely to occur or continue.
(3) An interim injunction may be granted before final
20 determination of an application under subsection (1).
(4) The court is not to require, as a condition of granting
an interim injunction, that an undertaking be given as
to damages or costs.
(5) The taking of proceedings against any person for an
25 offence under this Act is not affected by --
(a) the making of an application under
subsection (1) for an injunction;
(b) the grant or refusal of an injunction upon an
application under subsection (1); or
page 6
Nuclear Waste Storage (Prohibition) Amendment Bill 2003
s. 13
(c) the rescission, variation, or expiry of an
injunction granted upon an application under
subsection (1).
".
5 13. Consequential amendment to the Nuclear Activities
Regulation Act 1978
(1) The amendment in this section is to the Nuclear Activities
Regulation Act 1978*.
[* Act No. 104 of 1978.
10 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 267.]
(2) Section 5(2) is amended by inserting after "Storage" --
" and Transportation ".
14. Consequential amendment to the Radiation Safety Act 1975
15 (1) The amendment in this section is to the Radiation Safety
Act 1975*.
[* Reprinted as at 25 February 2000.
For subsequent amendments see Act No. 9 of 2003.]
(2) Section 41A(1) is amended in the definition of "nuclear waste"
20 by inserting after "Storage" --
" and Transportation ".
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