Commonwealth Radioactive Waste Management Act 2005
Act No. 145 of 2005 as amended
[Note: This Act was repealed by Act No. 29 of 2012 on 4 April 2012
For transitional provisions see Act No. 29, 2012, Schedule 2]
This compilation was prepared on 15 December 2006
taking into account amendments up to Act No. 161 of 2006
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1—Preliminary
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Definitions..................................
Part 1A—Nomination of sites
3A Who may make nominations........................
3B Rules about nominations..........................
3C Approval of nominated land........................
3D Procedural fairness in relation to nominations and approvals.....
Part 2—Selecting the site for a facility
4 Authority to conduct activities.......................
5 Application of State and Territory laws.................
6 Application of Commonwealth laws...................
Part 3—Acquisition or extinguishment of rights and interests
7 Minister’s declarations...........................
8 Procedural fairness in relation to Minister’s declarations.......
9 Acquisition or extinguishment.......................
10 Application of Commonwealth and Northern Territory laws.....
11 Notice to Registrar‑General...................
Part 4—Conducting activities in relation to selected site
12 Authority to conduct activities.......................
13 Application of State and Territory laws.................
14 Application of Commonwealth laws...................
Part 4A—Granting of rights and interests in land to original owners
14A Application of Part.............................
14B Declaration of intention to grant rights and interests in land to original owners
14C Declaration granting rights and interests in land to original owners.
14D Grant of rights and interests in land to original owners.........
14E No earlier rights and interests granted..................
14F Application of Commonwealth and Northern Territory laws.....
14G Notice to Registrar‑General...................
14H Indemnity by Commonwealth.......................
14J Regulations..................................
Part 5—Miscellaneous
15 Compensation................................
16 Compensation for acquisition of property................
16A Indemnity by Commonwealth.......................
16B Management of Northern Territory controlled material free of charge
17 Regulations..................................
Schedule 1—Sites
1 Mt Everard site................................
2 Harts Range site...............................
3 Fishers Ridge site..............................
Notes
An Act to make provision in relation to the selection of a site for, and the establishment and operation of, a radioactive waste management facility, and for related purposes
Part 1—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Commonwealth Radioactive Waste Management Act 2005.
2 Commencement [see Note 1]
This Act commences on the day after it receives the Royal Assent.
3 Definitions
In this Act:
Aboriginal land means Aboriginal land within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976.
Commonwealth contractor means:
(a) a person who is a party to a contract with…
Overview
The Commonwealth Radioactive Waste Management Act 2005 was enacted to establish a legal framework for the selection, establishment, and operation of a radioactive waste management facility in the Northern Territory. This Act was introduced to address the need for a comprehensive and coordinated approach to managing radioactive waste in Australia. The Act was enacted by the Parliament of Australia and its primary policy objective is to ensure the safe and responsible management of radioactive waste by providing for the selection of a suitable site, the acquisition of necessary land and rights, and the establishment of a facility to manage controlled radioactive material. The Act also aims to indemnify the Northern Territory against claims arising from radioactive material management and to ensure that the management of radioactive material generated in the Northern Territory is done free of charge by the Commonwealth.
Scope and Application
The Commonwealth Radioactive Waste Management Act 2005 applies to the selection of a site in the Northern Territory for a facility to manage radioactive waste. The Act primarily applies to the Commonwealth, Commonwealth entities, Commonwealth contractors, and their employees or agents. It provides the legal framework for the nomination, approval, and selection of sites for such a facility, and governs the acquisition or extinguishment of rights and interests in the land. The Act also outlines the procedural requirements for Minister's declarations regarding site selection and rights or interests in land. The Act has the effect of overriding certain State and Territory laws and some Commonwealth laws to facilitate the activities related to site selection and facility operation. Notably, the Act does not provide for procedural fairness in relation to nominations, approvals, or declarations made under its provisions. The Act also includes provisions for the granting of rights and interests in land to original owners, indemnification by the Commonwealth for certain liabilities, and the payment of compensation for acquired or affected rights and interests. The Act’s application is confined to the Northern Territory, and its provisions take precedence over conflicting State, Territory, and some Commonwealth laws to ensure the smooth execution of activities related to the radioactive waste management facility.
Key Provisions
- The Commonwealth Radioactive Waste Management Act 2005 (the "Act") provides a framework for the selection of a site for, and the establishment and operation of, a radioactive waste management facility in Australia. The Act outlines key sections including the nomination of potential sites, the acquisition of rights and interests in those sites, and the granting of rights and interests to original owners. Section 3A of the Act allows the Chief Minister of the Northern Territory to nominate land, excluding Aboriginal land, as a potential site for the facility. A Land Council, however, can nominate Aboriginal land in the area it governs. The nomination process requires specific details about the land and its significance, and must include evidence of consent from all parties with interests in the land, including traditional Aboriginal owners and native title claimants. Section 3C grants the Minister the discretion to approve the nominated land or a part of it as a site for the facility. Section 9 of the Act mandates the acquisition or extinguishment of any rights and interests in the selected site or land specified for all-weather road access to the facility. This includes rights to minerals and native title rights and interests. The Act also addresses the granting of rights and interests back to original owners, specifically Aboriginal land trusts, under certain conditions as outlined in sections 14A through 14H. The Act stipulates that the Commonwealth must indemnify the Northern Territory against any claims or damages arising from the management of controlled material at the facility, and must also indemnify specified land trusts against similar claims or damages related to ionising radiation from the facility. Compensation is to be paid by the Commonwealth for any rights or interests acquired, extinguished, or affected under the Act, as well as for the acquisition of property under the Act, if not done on just terms. The Act also prohibits the Commonwealth from charging the Northern Territory for the management of controlled material generated within the Northern Territory at the facility.
- Area of Law
- Environmental Law
- Property Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards
- Compensation
- Exemptions & Exclusions
