National Radioactive Waste Management Act 2012
DECLARATION OF A SITE FOR A FACILITY FOR THE MANAGEMENT OF CONTROLLED MATERIAL
I, KEITH PITT, Minister for Resources and Water:
(a) being satisfied notices were issued, as required by section 18(1) (the notices) of the National Radioactive Waste Management Act 2012 (the Act)
(b) having taken into account comments received in response to the notices, as required by section 18(3) of the Act
(c) being satisfied controlled material can be safely and securely managed at the site identified in this declaration
For the purposes of section 14(2) of the Act, declare that:
(d) the land bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table (the selected site), being part of the land nominated as a site under section 7 and approved by the Minister as a site under section 9 as set out in schedule 1, subitem 1(1) table item 1, of the National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Act 2021 (referred to as ‘Napandee’), is selected as the site for a facility under section 14(2)
Item | Description |
1 | The point that is at a bearing 270°52′40″ along the Tola Road boundary, and 25 metres west from the south-east corner, of the land described in South Australian Certificate of Title Volume 5937 Folio 542, being Section 94, Hundred of Pinkawillinie, in the area named Pinkawillinie |
2 | Bearing 270°52′40″ for 581.80 metres |
3 | Bearing 270°53′10″ for 727.75 metres |
4 | Bearing 309°36′10″ for 122.73 metres |
5 | Bearing 0°35′40″ for 1440.36 metres |
6 | Bearing 91°53′40″ for 1408.72 metres |
7 | Bearing 180°44′40″ for 839.72 metres |
8 | Bearing 202°39′00″ for 138.70 metres |
9 | Bearing 179°30′00″ for 53.60 metres |
10 | Bearing 164°32′10″ for 69.21 metres |
11 | Bearing 154°10′50″ for 70.06 metres |
12 | Bearing 180°44′40″ for 341.08 metres to the starting point |
(e) all rights and interests in the selected site are specified for the purpose of section 14(2) of the Act, including, without limitation, I specify that an estate in fee simple is acquired; and
(f) this declaration will take effect at the time the declaration is made.
dated this 26th day of November 2021
KEITH PITT
Minister for Resources and Water
Overview
The National Radioactive Waste Management Act 2012 was enacted by the Australian Parliament to establish a framework for the safe and secure management of radioactive waste, addressing the need for a national solution to the issue of radioactive waste disposal. The Act aims to provide a comprehensive legislative approach to the management of radioactive waste, ensuring that it is dealt with in a manner that protects human health and the environment. This legislative measure was introduced to fill the gap left by the absence of a national strategy for the long-term management of radioactive waste, which was previously managed by individual states and territories.
Keith Pitt, the Minister for Resources and Water, issued a declaration under the Act to specify a site for a facility for the management of controlled material. This declaration was made in accordance with section 14(2) of the Act, following the issuance of notices as required by section 18(1) and the consideration of comments received in response to those notices as per section 18(3). The policy objective of the Act is to ensure that radioactive waste is managed in a manner that is safe, secure, and environmentally responsible, and the declaration represents a significant step towards achieving this objective by identifying a site suitable for the establishment of a facility for the management of controlled material.
Scope and Application
The National Radioactive Waste Management Act 2012 applies to the selection and declaration of sites for facilities that manage controlled material, including radioactive waste. This Act applies to persons or entities involved in the radioactive waste management industry, ensuring they adhere to national standards for safety and security in managing controlled material. The geographic reach of the Act is national, as it is a Commonwealth Act, extending across all states and territories in Australia. The Minister for Resources and Water has the authority to declare a site for a facility under the Act, taking into account public comments and ensuring that the site can safely manage controlled material. The Act also specifies the acquisition of an estate in fee simple for the selected site, which is bounded by a defined line and coordinates, as outlined in the Act. The Act allows for subordinate instruments to extend or restrict the application of the primary legislation, ensuring flexibility in managing radioactive waste.
Key Provisions
The National Radioactive Waste Management Act 2012 provides a framework for the management of radioactive waste, including the declaration of sites for facilities to manage controlled material. Section 14(2) of the Act allows for the Minister to declare a specific site for such a facility, which has been done in this instance for the land known as Napandee. The declaration, made by Keith Pitt, the Minister for Resources and Water, specifies the boundaries of the selected site and confirms that the land has been approved for the management of controlled material.
The Act imposes several obligations on the parties involved in the declaration of a site for a radioactive waste management facility. Firstly, the Minister must ensure that notices are issued to the public, allowing for community input and feedback, as required by section 18(1) of the Act. The Minister must also consider the comments received in response to these notices, as outlined in section 18(3). Furthermore, the Minister must be satisfied that the selected site is suitable for the safe and secure management of controlled material before making the declaration. This requirement is set out in section 14(2) of the Act, which outlines the criteria for selecting a site and the process for making the declaration.
Breaching the provisions of the National Radioactive Waste Management Act 2012 can result in civil or criminal penalties, depending on the nature and severity of the offence. For instance, section 22 of the Act establishes that any person who contravenes a provision of the Act may be subject to a civil penalty not exceeding AUD 1,000,000 for a corporation or AUD 100,000 for an individual. Additionally, section 23 of the Act empowers a court to impose criminal penalties, including fines and imprisonment, for serious offences. The maximum penalties for criminal offences under the Act are set out in section 23, with the specific penalties varying depending on the nature and severity of the offence.