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National Radioactive Waste Management Amendment (Site Selection, Community Fund and Other Measures) Bill 2020

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2019-2021

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

National Radioactive Waste Management Amendment

(Site Specification, Community Fund and Other Measures) Bill 2020

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Clause 1, page 1 (line 15), omit “ Specification ”, substitute Selection ”.

(2)     Schedule 1, page 3 (line 1) to page 14 (line 19), omit the Schedule, substitute:

Schedule 1 Site selection

 

1  Certain land taken to have been nominated and approved

(1)       For the purposes of the National Radioactive Waste Management Act 2012 (the Act ), the following table has effect:

 

Land taken to have been nominated and approved

Item

Column 1

The land specified in...

Column 2

is taken to have been nominated as a site under section 7 of the Act on...

Column 3

and is taken to have been nominated as a site under section 7 of the Act by...

Column 4

and is taken to have been approved by the Minister as a site under section 9 of the Act on...

1

subitem (2)

27 January 2017

each person who, on the date mentioned in column 2 of this item, held an estate in fee simple in the land

27 June 2017.

2

subitem (3)

27 January 2017

each person who, on the date mentioned in column 2 of this item, held an estate in fee simple in the land

27 June 2017.

3

subitem (4)

4 May 2015

each person who, on the date mentioned in column 2 of this item, held an interest in the land that was a lease of land granted by or on behalf of the Crown, a Minister of the Crown, a statutory authority or any other prescribed person (within the meaning of section 7 of the Act), under a law of the Commonwealth, a State or a Territory

6 May 2016.

 

(2)       The land specified in this subitem is the area of land that is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.

 

Land specified in subitem (2)

Item

Description

1

The point that is at a bearing 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 1492.18 metres to the starting point

 

(3)       The land specified in this subitem is Section 38, Hundred of Moseley, in the area named Moseley, being part of the land described in South Australian Certificate of Title Volume 5925 Folio 858.

(4)       The land specified in this subitem is the whole of the land described in South Australian Crown Lease Volume 6200 Folio 237 (formerly South Australian Crown Lease Volume 1215 Folio 28), being:

                     (a)  the allotment comprising pieces 30, 31, 32 and 33 Deposited Plan 46041 in the area named Flinders Ranges Hundred of Cotabena; and

                     (b)  the allotment comprising pieces 40, 41, 42 and 43 Deposited Plan 46041 in the area named Flinders Ranges Hundred of Cotabena.

2  Compensation for acquisition of property

(1)       If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)     Schedule 2, item 1, page 15 (lines 9 to 11), omit the definition of local government area in section 4, substitute:

local government area means an area that, at the time the Minister makes a declaration under subsection 14(2) in relation to a site, is an area for which a local government body is constituted by or under a law of the State or Territory in which the site is situated.

(4)     Schedule 2, page 15 (after line 14), after item 1, insert:

1A  Subsection 22(1)

Omit “Immediately after a declaration under subsection 14(2) takes effect, the”, substitute “The”.

(5)     Schedule 2, page 15 (after line 17), after item 2, insert:

2A  Section 34A

Repeal the section, substitute:

34A   Application of Part

                   This Part applies if:

                     (a)  the Minister has made a declaration under subsection 14(2) that a site is selected as the site for a facility; and

                     (b)  a facility has been constructed at the site; and

                     (c)  a facility licence that authorises a person to operate the facility has been issued under the Australian Radiation Protection and Nuclear Safety Act 1998 .

(6)     Schedule 2, item 3, page 16 (lines 1 to 4), omit paragraphs 34AA(2)(b) and (c), substitute:

                     (b)  the local government body that serves the local government area in which the facility is situated;

                     (c)  the government of the State or Territory in which the facility is situated.

(7)     Schedule 2, page 17 (after line 27), after item 6, insert:

6A  Paragraphs 34B(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the State or Territory in which the facility is situated;

                     (c)  a Commonwealth entity or an authority of the State or Territory in which the facility is situated;

(8)     Schedule 2, page 18 (after line 1), after item 7, insert:

7A  Subsection 34B(3)

Repeal the subsection.



 

(9)     Schedule 3, page 19 (before line 4), before item 1, insert:

1A  Section 3

Repeal the section, substitute:

3   Object of Act

             (1)  The object of this Act is to ensure that controlled material is safely and securely managed by providing for:

                     (a)  the selection of a site for a radioactive waste management facility on land in Australia; and

                     (b)  the establishment and operation of such a facility on the selected site.

             (2)  By ensuring that controlled material is safely and securely managed, this Act, among other things, gives effect to certain obligations that Australia has as a party to the Joint Convention, in particular, Australia’s obligations under Chapters 3 and 4 of the Joint Convention.

(10)   Schedule 3, page 19 (after line 23), after item 3, insert:

3A  Section 4

Insert:

Joint Convention means the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done at Vienna on 5 September 1997, as amended and in force for Australia from time to time.

Note:          The Joint Convention is in Australian Treaty Series 2003 No. 21 ([2003] ATS 21)] and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

 

 

 

 

 

Richard Pye

Clerk of the Senate

 

 

The Senate

21 June 2021