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Commonwealth Radioactive Waste Management Bill 2005

Part 3 Acquisition or extinguishment of rights and interests

   

7   Minister’s declarations

             (1)  The Minister may, in his or her absolute discretion, declare in writing that one, or a specified part of one, of the sites is selected as the site for a facility. If the declaration relates to a site within the meaning of paragraph (b) of the definition of site in section 3, the declaration may specify all or some of the rights or interests in the site (or part of the site).

             (2)  The Minister may, in his or her absolute discretion, declare in writing that all or specified rights or interests in land in the Northern Territory specified in the declaration are required for providing all-weather road access to the selected site (or selected part of a site).

             (3)  A declaration has effect at the time specified in the declaration (which must not be earlier than the time the declaration is made).

             (4)  A copy of a declaration must be published in the Gazette within 7 days of the declaration being made.

             (5)  Failure to comply with subsection (4) does not invalidate a declaration.

             (6)  The Minister must not:

                     (a)  make more than one declaration under subsection (1); or

                     (b)  make more than one declaration under subsection (2).

             (7)  A declaration is not a legislative instrument.

8   Procedural fairness in relation to Minister’s declarations

                   No person is entitled to procedural fairness in relation to the Minister’s making of a declaration.

9   Acquisition or extinguishment

             (1)  If the declaration under subsection 7(1) relates to a site within the meaning of paragraph (a) of the definition of site in section 3, then at the time the declaration has effect, any rights or interests in the selected site (or selected part of a site) that have not already been acquired by the Commonwealth, or extinguished, are by force of this section:

                     (a)  acquired by the Commonwealth or extinguished; and

                     (b)  freed and discharged from all other rights and interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.

          (1A)  If the declaration under subsection 7(1) relates to a site within the meaning of paragraph (b) of the definition of site in section 3, then at the time the declaration has effect, the rights or interests in the selected site (or selected part of a site) that are specified in the declaration are, by force of this section:

                     (a)  acquired by the Commonwealth or extinguished; and

                     (b)  freed and discharged from all other rights and interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.

             (2)  To avoid doubt, the rights and interests acquired under or extinguished by subsection (1) include:

                     (a)  rights to minerals (if any); and

                     (b)  native title rights and interests (if any).

             (3)  At the time the declaration under subsection 7(2) has effect, the rights or interests in the specified land that are specified in the declaration are, by force of this section:

                     (a)  acquired by the Commonwealth or extinguished; and

                     (b)  freed and discharged from all other rights and interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.

             (4)  To avoid doubt, rights and interests specified in a declaration under subsection 7(1) that relates to a site within the meaning of paragraph (b) of the definition of site in section 3 or the declaration under subsection 7(2) may include any of the following:

                     (a)  rights to minerals;

                     (b)  native title rights and interests;

                     (c)  an interest that did not previously exist in relation to the land;

                     (d)  an easement in gross.

10   Application of Commonwealth and Northern Territory laws

             (1)  Section 9 has effect despite any other law of the Commonwealth or the Northern Territory (whether written or unwritten).

             (2)  Without limiting subsection (1), section 9 has effect despite the following laws of the Commonwealth:

                     (a)  the Lands Acquisition Act 1989 ;

                     (b)  the Native Title Act 1993 .

11   Notice to Registrar-General

             (1)  The Secretary of the Department may lodge with the Registrar-General for the Northern Territory (or other appropriate officer) a copy of a Minister’s declaration under section 7, certified by writing signed by the Secretary.

             (2)  The officer with whom the copy is lodged may deal with and give effect to it as if it were a grant, conveyance, memorandum or instrument of transfer of relevant rights and interests done under the laws of the Northern Territory.