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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
National Radioactive Waste Management Bill 2010
Schedule of the amendments made by the Senate
(1) AG (1) [Sheet 7200]
Clause 4, page 3 (line 1), after “ 1998 ”, insert “that is of domestic origin”.
(2) AG (2) [Sheet 7200]
Clause 4, page 3 (line 2), at the end of the definition of controlled material , add “For this purpose, controlled material is of domestic origin if it has been used in Australia, generated by activities in Australia, or sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel (within the meaning of the Australian Nuclear Science and Technology Organisation Act 1987 ).
(3) Govt (1) [Sheet CN227]
Clause 17, page 18 (line 26), at the end of subclause (1), add “or (4)”.
(4) Govt (2) [Sheet CN227]
Clause 17, page 18 (line 29), after “14(2)”, insert “or (4)”.
(5) Govt (3) [Sheet CN227]
Clause 17, page 19 (lines 2 and 3), omit “that was, immediately before the revocation, the selected site”, substitute “that was the subject of the revoked declaration”.
(6) Opp (1) [Sheet 7111]
Page 33 (after line 15), after Part 6, insert:
Part 6A — National Repository Capital Contribution Fund
This Part applies if:
(a) the Minister has made a declaration under subsection 14(2) that a site in a State or Territory (the relevant State or Territory ) is selected as the site for a facility; and
(b) a facility has been constructed at the site.
34B National Repository Capital Contribution Fee
(1) An entity wishing to use the facility, other than the following entities:
(a) the Commonwealth;
(b) the relevant State or Territory;
(c) an authority of the Commonwealth or the relevant State or Territory;
must pay such fee (the Capital Contribution Fee ) as is prescribed by the regulations as a capital contribution towards the cost of the facility before being eligible to have radioactive waste accepted by the facility for storage, management or any other purpose .
(2) The Capital Contribution Fee is to be determined in the manner prescribed by the regulations.
(3) In this section:
authority of the Commonwealth means:
(a) a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or
(b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest.
authority of the relevant State or Territory means:
(a) a body corporate established for a purpose of the relevant State or Territory by or under a law of the relevant State or Territory; or
(b) an incorporated company in which the relevant State or Territory, or a body corporate referred to in paragraph (a), has a controlling interest.
34C National Repository Capital Contribution Fund
(1) The National Repository Capital Contribution Fund (the Fund ) is established by this subsection.
(2) The Fund is a Special Account for the purposes of the Financial Management and Accountability Act 1997 .
(3) The Fund is taken to be established immediately after a facility licence that authorises a person to operate the facility is issued under the Australian Radiation Protection and Nuclear Safety Act 1998 .
34D Credits of amounts to the Fund
(1) There must be credited to the Fund:
(a) all money appropriated by the Parliament for the purposes of the Fund; and
(b) amounts in excess of the first $10,000,000 received by the Commonwealth as Capital Contribution Fees.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
(2) Amounts standing to the credit of the Fund may be debited for the purposes of providing enhanced public services and/or infrastructure in the relevant State or Territory.
Note: See section 21 of the Financial Management and Accountability Act 1997 (debits from Special Account s).
34E Conditions attaching to the initial use of facility
(1) A radioactive waste management facility established on a site selected under this Act must not commence accepting any radioactive waste for storage, management or any other purpose, unless:
(a) the requirements specified in subsection (2) of this section have been met; and
(b) the Minister has given to the person managing the facility a notice certifying that each of those requirements has been met.
(2) The requirements to be met for the purposes of subsection (1) are:
(a) that the Fund stands in credit to the value of at least $10,000,000; and
(b) either:
(i) the Commonwealth has entered into an agreement with the relevant State or Territory for the administration of the Fund, which provides that the Fund be administered by the Minister, on the advice of a committee chaired by the Premier or Chief Minister of the relevant State or Territory and comprising 3 other persons resident in that State or Territory with expertise in education, infrastructure and health respectively; or
(ii) failing such agreement—the Commonwealth has established a committee comprising 3 persons with expertise in education, infrastructure and health resident in the relevant State or Territory, whose function is to advise the Minister on the administration of the Fund by the Minister.
34F Commonwealth acceptance of waste destined for facility
The Commonwealth must not accept radioactive waste from any entity in a manner that avoids the payment of the Capital Contribution Fee mentioned in section 34B.
Rosemary Laing
Clerk of the Senate
The Senate
13 March 2012