Atomic Energy Amendment Act 1980
No. 9 of 1980
An Act to amend the Atomic Energy Act 1953
[Assented to 29 March 1980]
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Atomic Energy Amendment Act 1980.
(2) The Atomic Energy Act 1953 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Authority to mine prescribed substances on behalf of or in association with the Commonwealth
3. Section 41 of the Principal Act is amended—
(a) by omitting from sub-section (1) “Where” and substituting “Subject to sub-section (2b), where”; and
(b) by inserting after sub-section (2a) the following sub-section:
“(2b) The Minister shall not confer an authority under sub-section (1) in relation to land in a State without the consent of the Government of that State unless that authority is conferred for a purpose that is, or purposes each of which is, related only to the defence of the Commonwealth.”.
No action against Commonwealth
4. Section 54 of the Principal Act is repealed.
Acts preparatory to commission of offence
5. Section 58 of the Principal Act is repealed.
6. Section 60 of the Principal Act is repealed and the following section substituted:
Application of Approved Defence Projects Protection Act
“60. (1) The Minister may, by notice published in the Gazette, declare that the Approved Defence Projects Protection Act 1947 applies to and in relation to a work being carried out, or to be carried out, by or on behalf of the Commission and, where a notice is so published in respect of a work, that Act applies to and in relation to that work as if the work were an approved defence project within the meaning of that Act.
“(2) Sections 48 (other than paragraphs (1)(a) and (b) and sub-section (2)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to declarations under sub-section (1) as if, in those sections, references to regulations were references to declarations.”.
Overview
The Atomic Energy Amendment Act 1980 was enacted by the Queen and the Senate and House of Representatives of the Commonwealth of Australia to address specific amendments required to the Atomic Energy Act 1953. The Act, which came into operation upon receiving the Royal Assent, introduces changes to the authority to mine prescribed substances, provides immunity from legal action for the Commonwealth, and modifies provisions regarding preparatory acts to offences. The policy objective of this amendment is to refine the regulatory framework surrounding atomic energy activities, ensuring that the powers of the Commonwealth are exercised with appropriate consent and oversight, particularly in relation to state lands and defence-related projects. The Act also aligns certain provisions with the Approved Defence Projects Protection Act 1947, thereby enhancing the legal protections for works undertaken by or on behalf of the Atomic Energy Commission.
Scope and Application
The Atomic Energy Amendment Act 1980 amends the Atomic Energy Act 1953, focusing on the authority to mine prescribed substances on Commonwealth land, legal protections for the Commonwealth, and the application of the Approved Defence Projects Protection Act 1947 to certain works. The Act applies to any person or entity granted authority to mine on behalf of or in association with the Commonwealth, particularly in relation to land situated within a State. It mandates that the Minister must obtain the consent of the State government before granting such authority, except when the purpose is related solely to the defence of the Commonwealth. The Act also removes the ability to take legal action against the Commonwealth and eliminates provisions concerning acts preparatory to the commission of an offence. Furthermore, it allows the Minister to declare that the Approved Defence Projects Protection Act 1947 applies to specific works carried out by or on behalf of the Commission, thereby extending legal protections to these activities. This Act operates nationally across Australia, impacting both federal and state jurisdictions.
Key Provisions
The Atomic Energy Amendment Act 1980 makes several significant changes to the Atomic Energy Act 1953, which governs the use and regulation of atomic energy in Australia. The Act introduces new provisions and modifies existing ones to better align with the nation's evolving needs and regulatory frameworks. Section 3 of the Act amends section 41 of the Principal Act by introducing a new sub-section (2b) which stipulates that the Minister may not confer an authority to mine prescribed substances on land in a State without the consent of the state's government, unless the mining is solely for the purpose of defence of the Commonwealth. This amendment underscores the importance of state consent in activities that involve federal powers, particularly those related to potentially hazardous materials like prescribed substances.
Under the amended Act, section 4 removes the ability to take legal action against the Commonwealth, while sections 5 and 6 repeal sections 54 and 58 of the Principal Act, which dealt with preparatory acts to the commission of an offence and certain acts preparatory to commission of an offence, respectively. Section 60 introduces a new provision that allows the Minister to declare, via a notice in the Gazette, that the Approved Defence Projects Protection Act 1947 applies to works carried out by or on behalf of the Commission. This declaration makes the 1947 Act applicable to these works as if they were approved defence projects, subject to specific exclusions outlined in section 60(2).
The Act imposes various obligations on the parties involved, particularly the Minister and the Commission. The Minister must ensure that any authority granted to mine prescribed substances is done with the consent of the relevant state government, except in defence-related scenarios. Additionally, the Minister has the authority to extend the applicability of the Approved Defence Projects Protection Act 1947 to certain works by the Commission through a published notice in the Gazette. Failure to adhere to these provisions can lead to significant legal consequences. The Act also removes the ability to take legal action against the Commonwealth, which may limit recourse for affected parties in certain circumstances.
In terms of penalties and consequences for non-compliance, the Act does not explicitly detail specific penalties for breaches of its provisions. However, given that the Act involves amendments to the Atomic Energy Act 1953 and the introduction of new regulatory measures, it can be inferred that breaches may attract penalties under the Principal Act or other relevant legislation. For example, unauthorized mining activities could result in fines or other sanctions under environmental or mining laws. The repealed sections concerning preparatory acts to offences may have had associated penalties, which are no longer applicable under this amendment.