Atomic Energy (Prescribed Substances) Regulations (Cth)

Statutory Rules

1974 No. 39

REGULATIONS UNDER THE ATOMIC ENERGY ACT 1953-1973.*

WHEREAS it is provided by sub-section 38 (1) of the Atomic Energy Act 1953-1973, that the regulations may—

(a) prohibit, or authorize the prohibition of, the working of minerals from which, in the opinion of the Governor-General, a prescribed substance can be obtained; or

(b) prohibit, or authorize the prohibition of, the acquisition, production, treatment, possession, use or disposal of a prescribed substance,

except under and in accordance with a licence in force under that section:

AND whereas I, the Governor-General of Australia, acting with the advice of the Executive Council, am of the opinion that—

(a) the minerals specified in items 1 to 19 (inclusive) in the Schedule to the following Regulations are minerals from which the prescribed substance, uranium, can be obtained; and

(b) the minerals specified in items 20 to 25 (inclusive) in the Schedule to the following Regulations are minerals from which the prescribed substance, thorium, can be obtained:

NOW therefore I, the Governor-General of Australia, acting with the advice of the Executive Council hereby make the following Regulations under the Atomic Energy Act 1953-1973.

Dated this twenty-ninth day of March, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. F. X. CONNOR

Minister of State for Minerals and Energy.

 

ATOMIC ENERGY (PRESCRIBED SUBSTANCES) REGULATIONS

Citation.

1. These Regulations may be cited as the Atomic Energy (Prescribed Substances) Regulations.

Definition.

2. In these Regulations, “Act” means the Atomic Energy Act 1953-1973.

Prohibition of the working of certain minerals.

3. (1) The working, in a Territory, of the minerals specified in the Schedule is prohibited except under and in accordance with a licence in force under section 38 of the Act.

 

* Notified in the Australian Government Gazette on 29 March 1974; disallowed by the Senate on 19 September 1974.

(2) The Minister is, where it is necessary so to do for the purposes of the defence of Australia, authorized to prohibit, by notice published in the Gazette, the working, elsewhere than in a Territory, of any minerals specified in the Schedule except under and in accordance with a licence in force under section 38 of the Act.

Prohibitions in relation to prescribed substances.

4. (1) The acquisition, production, treatment, possession, use and disposal, in a Territory, of a prescribed substance is prohibited except under and in accordance with a licence in force under section 38 of the Act.

(2) The Minister is, where it is necessary so to do for the purposes of the defence of Australia, authorized to prohibit, by notice published in the Gazette, the acquisition, production, treatment, possession, use or disposal, elsewhere than in a Territory, of a prescribed substance except under and in accordance with a licence in force under section 38 of the Act.

Offences.

5. (1) A person shall not, except under and in accordance with a licence in force under section 38 of the Act—

(a) work, in a Territory, any minerals specified in the Schedule; or

(b) work, elsewhere than in a Territory, any minerals specified in the Schedule while a notice referred to in sub-regulation 3 (2) is in force.

(2) A person shall not, except under and in accordance with a licence in force under section 38 of the Act—

(a) acquire, produce, treat, possess, use or dispose of, in a Territory, any substance that is a prescribed substance: and

(b) acquire, produce, treat, possess, use or dispose of, elsewhere than in a Territory, a prescribed substance while a notice under sub-regulation 4 (2) is in force.

 

SCHEDULE Regulations 3 and 5

Item No.	Minerals
1	Pitchblende
2	Uraninite
3	Renardite
4	Uranium ochres
5	Gummite
6	Salceite
7	Sklodowskite
8	Torbernite
9	Autunite
10	Uranophane
11	Saddyite
12	Boltwoodite
13	Beta uranophano
14	Betafite
15	Euxenite
16	Thucolite
17	Urano phosphate
18	Carnotite
19	Davidite
20	Monazite
21	Thorianite
22	Thorite
23	Blomstrandine
24	Cheralite
25	Samarskite