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Commonwealth Radioactive Waste Management (Related Amendment) Bill 2005



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Parliament of Australia

Department of Parliamentary Services

Parliamentary Library BILLS DIGEST

Information analysis and advice for the Parliament

28 October 2005, no. 60, 2005-06, ISSN 1328-8091

Commonwealth Radioactive Waste Management (Related Amendment) Bill 2005

Angus Martyn Law and Bills Digest Section

Contents

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Main Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Schedule 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

2 Commonwealth Radioactive Waste Management (Related Amendment) Bill 2005

Commonwealth Radioactive Waste Management (Related Amendment) Bill 2005

Date Introduced: 13 October 2005

House: House of Representatives

Portfolio: Education, Science and Training

Commencement: Sections 1-3 commence on the day after Royal Assent but the only operative provision (Schedule 1) commences at the same time as the Commonwealth Radioactive Waste Management Bill 2005.

Purpose

To exclude the operation of the Administrative Decisions (Judicial Review) Act 1977 in relation to Ministerial decisions made under section 7 of the Commonwealth Radioactive Waste Management Bill.

Background

This Bill supports the Commonwealth Radioactive Waste Management Bill 2005 in relation to the proposed Commonwealth radioactive waste management facility in the Northern Territory. Background is provided in the relevant Bills Digest.

Main Provisions

Schedule 1

New section 7 of the Commonwealth Radioactive Waste Management Bill allows the relevant Minister to make a decision via declaration as to which of the proposed sites in the Northern Territory will be the location of the Commonwealth radioactive waste management facility, and whether land will be required for road access. Such declarations result in the acquisition and/or extinguishment of all non-Commonwealth rights and interests in the relevant land.

Item 1 of Schedule 1 provides that any such declarations are not subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977.

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Commonwealth Radioactive Waste Management (Related Amendment) Bill 2005 3

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

 Copyright Commonwealth of Australia 2005

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This brief has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Information and Research Service, nor do they constitute professional legal opinion.

Members, Senators and Parliamentary staff can obtain further information from the Information and Research Services on (02) 6277 2764.