National Radioactive Waste Management—Notice to persons with rights or interests 2021
‘NAPANDEE’
- This notice is published pursuant to section 18(1)(b) of the National Radioactive Waste Management Act 2012 (the Act).
- For the purposes of subsection 14(2) of the Act, I, the Hon Keith Pitt, Minister for Resources and Water, propose to declare, that:
- 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 of the Act and approved by the Minister as a site under section 9 of the Act 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) of the Act;
Item | Description |
1 | The point that is at a bearing of 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 |
b. all rights and interests in the selected site are specified for the purposes of section 14(2) of the Act; and
c. in accordance with section 16(1) of the Act, the proposed declaration will take effect at the time the declaration is made.
3. For illustrative purposes, a map showing the selected site is shown attached.
4. Persons with a right or interest in the land are invited to comment on the declaration proposed in paragraph 2 of this notice by 22 October 2021. Comments can be made at https://consult.industry.gov.au/arwa/nrwmf-site-declaration or by post to Australian Radioactive Waste Agency, GPO Box 2013, Canberra ACT 2601.
5. When providing comments, please include (without limitation) the following information:
- Name and contact details
- Details of your right or interest in the land
- Comments on the proposed declaration
Napandee site selection site location
Overview
The National Radioactive Waste Management—Notice to Persons with Rights or Interests 2021 was published under the National Radioactive Waste Management Act 2012. This Act was enacted to provide for the safe management of radioactive waste, including the establishment of a facility for the disposal of such waste. The notice was issued by the Hon Keith Pitt, Minister for Resources and Water, who proposed to declare a specific site for the facility, bounded by a defined line and situated in South Australia. The notice invites comments from individuals or entities with rights or interests in the land, providing them an opportunity to voice their concerns or objections before the declaration takes effect. The purpose of the notice is to ensure transparency and allow for public input in the decision-making process regarding the site selection for the radioactive waste facility.
The National Radioactive Waste Management Act 2012 was enacted by the Australian Parliament to address the need for a national framework for the safe and responsible management of radioactive waste. The policy objective of the Act is to provide for the establishment of a facility for the disposal of radioactive waste, ensuring that such waste is managed in a manner that protects human health and the environment. The notice to persons with rights or interests in the land is a mechanism to facilitate public participation in the decision-making process, ensuring that the interests of stakeholders are considered in the selection of a suitable site for the facility.
Scope and Application
The National Radioactive Waste Management—Notice to Persons with Rights or Interests 2021 (Napandee) is issued under section 18(1)(b) of the National Radioactive Waste Management Act 2012, targeting individuals and entities with existing rights or interests in the land selected for a radioactive waste facility. The Act applies to those who may be directly affected by the declaration of the selected site in the Pinkawillinie area, South Australia, which has been nominated and approved for the facility under the Act. This notice serves to inform these stakeholders of the Minister’s intention to declare the selected site for the facility, ensuring that all relevant parties are aware of the implications of this decision. The notice also specifies the geographic boundaries of the selected site and invites affected persons to provide comments on the proposed declaration by a specified date. The Act's application is confined to the Commonwealth jurisdiction, and no exclusions, exemptions, or thresholds are explicitly stated in this notice. However, the Act may extend or restrict its application through subordinate instruments, thereby further defining the scope of its operation.
Key Provisions
The primary operative sections of the notice, published under section 18(1)(b) of the National Radioactive Waste Management Act 2012, involve the declaration of a selected site for a radioactive waste management facility. Specifically, the notice, issued by the Hon Keith Pitt, Minister for Resources and Water, proposes the declaration of a specific piece of land in Pinkawillinie, South Australia, as the site for a radioactive waste management facility under section 14(2) of the Act. This declaration is made in accordance with the provisions of the National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Act 2021, where the land, referred to as 'Napandee', is specified and selected as the site for the facility.
The notice imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates the declaration of all rights and interests in the selected site, as outlined in section 14(2) of the Act. This ensures that all relevant stakeholders are aware of the proposed use of the land for radioactive waste management. Additionally, the notice requires that the proposed declaration takes effect immediately upon its issuance, as stipulated in section 16(1) of the Act. This means that the declaration becomes legally binding as soon as it is made, without any further delay.
Offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the notice. However, it is implied that failure to comply with the notice's provisions, particularly in terms of providing required information or comments, could result in legal ramifications. The notice does not specify the exact nature of these consequences but implies that there could be legal actions taken against those who do not adhere to the notice's requirements. The notice encourages persons with rights or interests in the land to provide comments by a specified date and through designated channels, and non-compliance might lead to procedural or legal issues.