Atomic Energy (Control of Materials) Act 1952

Legislation au C1952A00027 Not in force Act

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ATOMIC ENERGY (CONTROL OF MATERIALS).

 

No. 27 of 1952.

An Act to amend the Atomic Energy (Control of Materials) Act 1946.

[Assented to 16th June, 1952.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Atomic Energy (Control of Materials) Act 1952.


(2.) The Atomic Energy (Control of Materials) Act 1946 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Atomic Energy (Control of Materials) Act 1946–1952.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Title of Crown to prescribed substances in Territories of Commonwealth.

3. Section six of the Principal Act is amended by omitting from sub-section (1.) the word “is” and inserting in its stead the word “are”.

Power to enter on land, &c.

4. Section ten of the Principal Act is amended by omitting sub- section (2.).

5. After section thirteen of the Principal Act the following section is inserted:—

Mining of prescribed substances in Territories.

“13a.—(1.) Where it appears to the Minister that any prescribed substances, or any minerals from which, in the opinion of the Minister, any prescribed substances can be obtained, are present on or under the whole or a part of an area of land in a Territory of the Commonwealth, either in a natural state or in a deposit of waste material obtained from any underground or surface working, the Minister may, by writing under his hand, authorize a person to carry on, on behalf of the Commonwealth, operations in accordance with this section on that land.

“(2.) Subject to any conditions or restrictions specified in the authority, the person so authorized in relation to any land may—

(a) enter upon that land, with such workmen and other persons as he thinks fit, and bring on to that land such machinery, vehicles and other things as he thinks fit;

(b) take possession of the whole or a part of that land;

(c) carry on, upon or under that land, operations for discovering, and for mining, recovering, treating and processing, prescribed substances and such other minerals as he thinks fit;

(d) for the purposes of the operations referred to in the last preceding paragraph—

(i) erect or instal buildings (including residential buildings), structures and machinery on that land;

(ii) cut and construct water races, drains, dams, tramways and roads on that land;

(iii) bore or sink for water, and pump, raise or use water, on that land; and

(iv) do other work on that land;

(e) demolish or remove buildings, structures and machinery erected or installed on that land;

(f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and


(g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this section.”.

Compensation.

6. Section fourteen of the Principal Act is amended by omitting from paragraph (b) the words “or thirteen” and inserting in their stead the words “, thirteen or thirteen a”.

Offences.

7. Section fifteen of the Principal Act is amended—

(a) by omitting from paragraph (b) the word “or” (last occurring); and

(b) by inserting after paragraph (c) the following paragraphs:—

“(d) obstruct or hinder a person in the exercise of a power or authority conferred on him by or under this Act; or

“(e) except with the consent of the person in possession of the land, enter or be upon land of which a person is in possession in pursuance of this Act.”.

 

Overview

The Atomic Energy (Control of Materials) Act 1952 was enacted to amend the Atomic Energy (Control of Materials) Act 1946. This Act was brought into effect by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the 1952 Act was to address gaps and enhance the regulatory framework surrounding the control of materials pertinent to atomic energy within the territories of the Commonwealth. The Act introduced amendments to the 1946 Act, particularly focusing on the authority to mine and process prescribed substances, the rights to enter and possess land, and the associated powers and restrictions for the Minister. This legislative action aimed to provide clearer guidelines and expanded powers to the Commonwealth in managing atomic materials effectively.

Scope and Application

The Atomic Energy (Control of Materials) Act 1946–1952 applies to individuals and entities involved in the possession, use, or management of prescribed substances and minerals, particularly within the territories of the Commonwealth of Australia. This Act grants the Minister the authority to authorise persons to conduct operations related to discovering, mining, recovering, treating, and processing these substances and minerals. It also specifies the powers and rights of those authorised, including the ability to enter and possess land, construct necessary infrastructure, and perform various operations. The Act extends to all prescribed substances found in natural states or waste deposits within Commonwealth territories, and the provisions apply to any operations conducted on behalf of the Commonwealth. Additionally, the Act provides for compensation and outlines offences related to obstruction or unauthorised entry onto land used for activities under the Act. The amendments introduced by the 1952 Act extend the original scope and clarify certain authorities and conditions, ensuring comprehensive control over atomic energy materials within the designated areas.

Key Provisions

The Atomic Energy (Control of Materials) Act 1946–1952 contains several key provisions that establish the legal framework for the control and management of atomic energy materials. Section 3 amends the definition of prescribed substances, now referred to in the plural, to clarify the scope of materials covered by the Act. Section 4 removes a subsection that allowed for the entry onto private land without consent, tightening the conditions under which such entry can occur. Section 13a introduces a new authority for the Minister to authorise mining operations on Commonwealth land for prescribed substances, outlining the extensive powers granted to authorised persons, including the ability to enter, possess, and perform operations on the land, as well as to erect structures, construct infrastructure, and manage water resources. The Act imposes several obligations on the parties it governs. The Minister, under Section 13a, must determine if prescribed substances are present in Commonwealth territories before authorising mining operations. Authorised persons must operate strictly within the conditions and restrictions specified in their authority, ensuring that their activities do not exceed the legal boundaries set forth in the Act. Additionally, the Act requires authorised persons to compensate landholders for any possession or operations conducted under the authority granted in Section 13a, as amended by Section 6. Breach of the provisions of the Atomic Energy (Control of Materials) Act 1946–1952 can result in various civil and criminal consequences. Section 7 introduces new offences, including obstructing authorised persons in their duties and entering or being on land without permission. Such offences can lead to legal repercussions, with authorised persons having the right to take necessary actions to enforce compliance. Penalties for breaches may vary, but the Act does not specify maximum penalties. However, courts may impose fines and imprisonment depending on the severity of the offence, reflecting the importance of strict adherence to the Act’s provisions to ensure the safe and controlled management of atomic energy materials.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.