Nuclear Waste Storage and Transportation (Prohibition) Act 1999 (WA)

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Western Australia

Nuclear Waste Storage and Transportation (Prohibition) Act 1999

Western Australia

Nuclear Waste Storage and Transportation (Prohibition) Act 1999 Contents

Western Australia

Nuclear Waste Storage and Transportation (Prohibition) Act 1999

Nuclear Waste Storage and Transportation (Prohibition) Act 1999

An Act to prohibit the storage, disposal or transportation in Western Australia of certain nuclear waste, to amend the Nuclear Activities Regulation Act 1978 and the Radiation Safety Act 1975 1, andfor other purposes.

[Long title amended: No. 2 of 2004 s. 4.]

1.Short title

This Act may be cited as the Nuclear Waste Storage and Transportation (Prohibition) Act 1999.

[Section 1 amended: No. 2 of 2004 s. 5.]

2.Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3.Interpretation
  • (1)

    In this Act unless otherwise provided —

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, whether or not it is in a place to which this Act applies;

nuclear waste means material —

  • (a)

    that is or contains a radioactive substance; and

  • (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 or reprocessed;

nuclear waste storage facility means any installation for the storage or disposal of any nuclear waste;

person includes, without limiting the Interpretation Act 1984, the Crown in all its capacities;

public money and statutory authority money have the meanings given to them by section 3 of the Financial Management Act 2006;

radioactive substance has the meaning given to it by section 4 of the Radiation Safety Act 1975.

  • (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 nuclear waste in the State whether or not the origin or destination of the waste is a place to which this Act applies.

[Section 3 amended: No. 2 of 2004 s. 6; No. 77 of 2006 s. 17.]

4.Objects of Act

The objects of this Act are to protect the health, welfare and safety of the people of Western Australia and to protect the environment in which they dwell by prohibiting the establishment of a nuclear waste storage facility in this State, the use of any place in this State for the storage or disposal of nuclear waste and the transportation in this State of nuclear waste.

[Section 4 amended: No. 2 of 2004 s. 7.]

5.Relation to other laws
  • (1)

    Subject to subsection (2) this Act has effect notwithstanding any other written law.

  • (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 in accordance with that section has effect according to its terms.

[Section 5 amended: No. 2 of 2004 s. 8.]

6.Act to bind Crown

This Act shall bind the Crown in right of the State of Western Australia and, so far as the legislative competence of the Parliament of Western Australia extends, in all its other capacities.

7.Prohibition against constructing or operating a nuclear waste storage facility
  • (1)

    A person shall not construct or operate a nuclear waste storage facility in the State or use any place in the State for the storage or disposal of nuclear waste.

  • (2)

    A person who contravenes subsection (1) shall be guilty of an offence and punishable by a fine not exceeding $500 000.

  • (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 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.

[Section 7 amended: No. 2 of 2004 s. 9.]

7A.Prohibition against transporting nuclear waste
  • (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 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.

[Section 7A inserted: No. 2 of 2004 s. 10.]

8.Liability of officers for offence by body corporate

The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 7(2) or 7A(2) of this Act.

[Section 8 inserted: No. 9 of 2023 s. 110.]

8A.Injunctions
  • (1)

    The Minister may apply to a 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;

    • (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.

  • (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 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 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

    • (c)

      the rescission, variation, or expiry of an injunction granted upon an application under subsection (1).

[Section 8A inserted: No. 2 of 2004 s. 12.]

9.No public expenditure on storage or disposal of nuclear waste

No public money or statutory authority money is to be expended or to be granted or advanced to any person —

  • (a)

    for the purpose of; or

  • (b)

    for the purpose of encouraging or financing any activity associated with,

the development, construction or operation of a nuclear waste storage facility in the State or the use of any place in the State for the storage or disposal of nuclear waste.

[Section 9 amended: No. 77 of 2006 s. 17.]

[10. Omitted under the Reprints Act 1984 s. 7(4)(e).]

Notes

This is a compilation of the Nuclear Waste Storage and Transportation (Prohibition) Act 1999 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title

Number and year

Assent

Commencement

Nuclear Waste Storage (Prohibition) Act 1999 2

54 of 1999

7 Dec 1999

7 Dec 1999 (see s. 2)

Nuclear Waste Storage (Prohibition) Amendment Act 2004

2 of 2004

1 Apr 2004

1 Apr 2004 (see s. 2)

Reprint 1: The Nuclear Waste Storage and Transportation (Prohibition) Act 1999 as at 6 Jan 2006 (includes amendments listed above)

Financial Legislation Amendment and Repeal Act 2006 s. 17

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137)

Directors’ Liability Reform Act 2023 Pt. 3 Div. 43

9 of 2023

4 Apr 2023

5 Apr 2023 (see s. 2(j))

Other notes

1         The provisions in this Act amending these Acts have been omitted under the Reprints Act 1984 s. 7(4)(e).

2         Now known as the Nuclear Waste Storage and Transportation (Prohibition) Act 1999; short title changed (see note under s. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

nuclear plant................................................................................................................. 3(1)

nuclear waste............................................................................................................... 3(1)

nuclear waste storage facility.................................................................................... 3(1)

person............................................................................................................................ 3(1)

public money............................................................................................................... 3(1)

radioactive substance................................................................................................. 3(1)

statutory authority money.......................................................................................... 3(1)

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