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Commonwealth Radioactive Waste Management Bill 2005

Part 2 Selecting the site for a facility

   

4   Authority to conduct activities

             (1)  This section applies to:

                     (a)  the Commonwealth; and

                     (b)  a Commonwealth entity; and

                     (c)  a Commonwealth contractor; and

                     (d)  an employee or agent of a person mentioned in paragraph (a), (b) or (c).

             (2)  A person to whom this section applies may, in the Northern Territory, do anything necessary for or incidental to the purposes of selecting a site on which to construct and operate a facility.

             (3)  Without limiting subsection (2), the person may do any or all of the following under that subsection (whether or not on a site):

                     (a)  gain access to and enter land and drive vehicles or fly aircraft to and from it;

                     (b)  in order to drive vehicles to and from land—use existing roads or construct roads on, or grade, land;

                     (c)  construct or rehabilitate bores;

                     (d)  operate drilling equipment;

                     (e)  extract water;

                      (f)  collect samples of flora and fauna;

                     (g)  place monitoring equipment (including meteorological and hydrological measuring equipment);

                     (h)  build structures to protect bores, monitoring equipment or other things;

                      (i)  move or extract sand, gravel, soil, mineral and rock samples;

                      (j)  conduct seismic or geological investigations;

                     (k)  conduct archaeological or heritage investigations;

                      (l)  clear vegetation.

             (4)  A person doing a thing under this Part on land that is not a site within the meaning of paragraph (a) of the definition of site in section 3 must:

                     (a)  take all reasonable steps to ensure that the doing of the thing causes as little detriment and inconvenience, and does as little damage, as is practicable to the land and to anything on, or growing or living on, the land; and

                     (b)  remain on the land only for such period as is reasonably necessary; and

                     (c)  leave the land, as nearly as practicable, in the condition in which it was immediately before the thing was done.

5   Application of State and Territory laws

             (1)  A law, or a provision of a law, of a State or Territory (whether written or unwritten), so far as it relates to:

                     (a)  the use or proposed use of land or premises; or

                     (b)  the environmental consequences of the use of land or premises; or

                     (c)  the archaeological or heritage values of land, premises or objects (including the significance of land, premises or objects in the traditions of Indigenous people); or

                     (d)  controlled material, radioactive material or dangerous goods; or

                     (e)  licensing (however described) in relation to:

                              (i)  employment; or

                             (ii)  carrying on a particular kind of business or undertaking; or

                            (iii)  conducting a particular kind of operation or activity;

has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 4.

             (2)  The regulations may prescribe a law, or a provision of a law, of a State or Territory for the purposes of this subsection. The prescribed law or provision has no effect to the extent that it would, apart from this subsection, regulate, hinder or prevent the doing of a thing authorised by section 4.

             (3)  Regulations made for the purposes of subsection (2) may prescribe a law, or a provision of a law, whether or not it is a law or a provision of a kind described in subsection (1).

             (4)  The regulations may prescribe a law, or a provision of a law, of a State or Territory for the purposes of this subsection. The prescribed law or provision has effect despite anything else in this section.

6   Application of Commonwealth laws

             (1)  The following laws have no effect to the extent that they would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 4:

                     (a)  the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 ;

                     (b)  the Environment Protection and Biodiversity Conservation Act 1999 .

             (2)  The regulations may prescribe another law, or a provision of another law, of the Commonwealth for the purposes of this subsection. The prescribed law or provision has no effect to the extent that it would, apart from this subsection, regulate, hinder or prevent the doing of a thing authorised by section 4.