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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Atomic Energy Amendment (Mine
Rehabilitation and Closure) Bill 2022
No. , 2022
(Industry, Science and Resources)
A Bill for an Act to amend the Atomic Energy Act
1953, and for related purposes
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Authorities under the Atomic Energy Act 1953
3
Part 1--Amendments
3
Atomic Energy Act 1953
3
Part 2--Application provisions
26
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
1
A Bill for an Act to amend the Atomic Energy Act
1
1953, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Atomic Energy Amendment (Mine Rehabilitation
5
and Closure) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
3
Schedule 1--Authorities under the Atomic
1
Energy Act 1953
2
Part 1--Amendments
3
Atomic Energy Act 1953
4
1 Subsection 5(1)
5
Insert:
6
historic section 41 authority
means the authority under section 41
7
that was conferred on Energy Resources of Australia Limited on
8
14 November 1999, as in force from time to time.
9
Land Council
has the same meaning as in the
Aboriginal Land
10
Rights (Northern Territory) Act 1976
.
11
mining-related operations
, in relation to an area of land, means
12
operations (including operations for mining) of a kind referred to in
13
paragraph 41(2)(c) in relation to that area of land.
14
Northern Territory Mining Minister
has the same meaning as in
15
the
Aboriginal Land Rights (Northern Territory) Act 1976
.
16
Part III authority
means an authority under section 41 or 41CA.
17
rehabilitation authority
means an authority under section 41CA.
18
rehabilitation requirement
, in relation to an area of land, means a
19
requirement imposed by a Part III authority that relates to the
20
protection, rehabilitation, remediation or monitoring of the whole,
21
or a part, of that area of land.
22
2 Before section 41
23
Insert:
24
Division 1--Authority to carry on mining etc.
25
3 Before subsection 41(1)
26
Insert:
27
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
4
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
Minister may confer authority
1
4 Subsection 41(1)
2
Omit "Where it appears to the Minister that a prescribed substance, or
3
minerals from which, in the opinion of the Minister, a prescribed
4
substance can be obtained, is or are present on or under the whole or a
5
part of an area of land in the Ranger Project Area, either in a natural
6
state or in a deposit of waste material obtained from an underground or
7
surface working, the Minister may", substitute "The Minister may".
8
5 Subsection 41(1)
9
Omit "operations in accordance with this section on that land",
10
substitute "operations in accordance with this section in relation to the
11
whole, or a specified part, of the land in the Ranger Project Area".
12
6 Before subsection 41(2)
13
Insert:
14
Powers under authority
15
7 Subsection 41(2)
16
Omit "Subject to any conditions or restrictions specified in the
17
authority, the person so authorized in relation to any land may",
18
substitute "While the authority is in force in relation to an area of land,
19
the person or persons on whom the authority has been conferred may
20
(subject to any conditions or restrictions specified in the authority and
21
any requirements imposed by the authority)".
22
8 After paragraph 41(2)(c)
23
Insert:
24
(ca) carry on, upon or under that land, operations relating to the
25
protection, rehabilitation, remediation or monitoring of that
26
land;
27
(cb) carry on, upon or under that land, any other operations
28
authorized by the authority as mentioned in
29
subsection (2AAA);
30
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
5
9 Paragraph 41(2)(d)
1
Omit "the operations referred to in paragraph (c)", substitute
2
"operations referred to in paragraph (c), (ca) or (cb)".
3
10 After subsection 41(2)
4
Insert:
5
(2AAA) An authority under this section may, for the purposes of
6
paragraph (2)(cb), authorize the carrying on of specified operations
7
in relation to the whole, or a specified part, of the land in the
8
Ranger Project Area.
9
(2AAB) To avoid doubt, if an authority under this section is in force in
10
relation to an area of land, conditions or restrictions specified in the
11
authority, or requirements imposed by the authority, may have the
12
effect of prohibiting the person or persons on whom the authority
13
has been conferred from doing a thing referred to in a paragraph in
14
subsection (2) in relation to that land.
15
11 After subsection 41(2AB)
16
Insert:
17
Conditions, restrictions and requirements
18
(2AC) An authority under this section may specify conditions or
19
restrictions to which the authority is subject.
20
(2AD) An authority under this section may impose requirements on the
21
person or persons on whom the authority has been conferred.
22
(2AE) Without limiting subsection (2AD), the requirements that may be
23
imposed by an authority under this section include rehabilitation
24
requirements in relation to the whole, or a part, of the land in the
25
Ranger Project Area.
26
Period when authority is in force
27
12 Subsection 41(2A)
28
Omit "An authority", substitute "Subject to Division 3, an authority".
29
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
6
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
13 Paragraphs 41(2A)(a) and (b)
1
Repeal the paragraphs, substitute:
2
(a) is varied to extend the period for which the authority is in
3
force; or
4
(b) terminates under a provision of this Act or under a provision
5
of the authority; or
6
(c) is revoked under a provision of this Act or under a provision
7
of the authority.
8
14 At the end of subsection 41(2A)
9
Add:
10
Note:
Division 3 allows the Minister to declare that a Part III authority, or
11
specified provisions of a Part III authority, are no longer in force in
12
relation to a specified area of land.
13
15 Before subsection 41(3)
14
Insert:
15
Vesting of property in Commonwealth
16
16 Subsection 41(4)
17
Repeal the subsection.
18
17 Section 41A
19
Repeal the section.
20
18 After section 41C
21
Insert:
22
Division 2--Authority to carry on rehabilitation etc.
23
41CA Authority to carry on rehabilitation etc.
24
Minister may confer rehabilitation authority
25
(1) If a person or persons apply under section 41CB the Minister may,
26
in writing, confer on the person or persons an authority (a
27
rehabilitation authority
) to carry on any of the following:
28
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
7
(a) specified operations
relating to the protection, rehabilitation,
1
remediation or monitoring of the whole, or a specified
part,
2
of the land in the Ranger Project Area;
3
(b) specified operations of another kind in relation to the whole,
4
or a specified
part, of the land in the Ranger Project Area.
5
(2) However, a rehabilitation authority (whether as originally
6
conferred or as varied in accordance with this Act) must not
7
authorize the carrying on of mining-related operations in relation to
8
any part of the land in the Ranger Project Area.
9
Note:
For
mining-related operations
, see subsection 5(1).
10
(3) There is no limit on the number of rehabilitation authorities that
11
may be conferred on a person or persons under this section.
12
Applicant must agree to terms of rehabilitation authority
13
(4) The Minister must not confer a rehabilitation authority on a person
14
or persons under this section unless:
15
(a) before the Minister confers the rehabilitation authority, the
16
Minister gives the person or persons written notice of the
17
proposed terms of the authority, including:
18
(i) the operations that are to be authorized by the authority;
19
and
20
(ii) the period for which the authority is to be in force; and
21
(iii) any conditions or restrictions to which the authority is to
22
be subject; and
23
(iv) any requirements that are to be imposed by the authority
24
(including any rehabilitation requirements that are to be
25
imposed in accordance with section 41CE); and
26
(b) before the Minister confers the rehabilitation authority, the
27
persons or persons notify the Minister in writing that the
28
person or persons agree to those proposed terms; and
29
(c) the terms of the rehabilitation authority that is conferred on
30
the person or persons are the same as the proposed terms
31
agreed to by the person or persons under paragraph (b).
32
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
8
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
Agreement with Land Council must be in force
1
(5) The Minister must not confer a rehabilitation authority under this
2
section unless, at the time when the rehabilitation authority is
3
conferred, the following conditions are satisfied in relation to each
4
area of land to which the authority relates:
5
(a) an agreement between the Commonwealth and the Land
6
Council for the area of land, of the kind referred to in
7
subsection 44(2) of the
Aboriginal Land Rights (Northern
8
Territory) Act 1976
(as that Act applies in relation to the
9
Ranger Project Area), is in force;
10
(b) that agreement relates to:
11
(i) the area of land; and
12
(ii) the whole of the period for which the rehabilitation
13
authority is to be in force in relation to the area of land
14
(as that period is specified in the rehabilitation authority
15
at the time when it is conferred).
16
Note:
The version of subsection 44(2) of the
Aboriginal Land Rights
17
(Northern Territory) Act 1976
that applies in relation to the Ranger
18
Project Area is the version in force immediately before the
19
commencement of the
Aboriginal Land Rights (Northern Territory)
20
Amendment Act (No. 3) 1987
: see section 8 of that amendment Act.
21
Consultation with Land Council
22
(6) The Minister must not confer a rehabilitation authority under this
23
section unless, before conferring the authority, the Minister
24
consults on the proposed authority with the Land Council for each
25
area of land to which the authority relates.
26
When rehabilitation authority is in force
27
(7) Subject to Division 3, a rehabilitation authority is in force for the
28
period specified in the authority unless, before the end of that
29
period, the authority:
30
(a) is varied to extend the period for which the authority is in
31
force; or
32
(b) terminates under a provision of this Act or under a provision
33
of the authority; or
34
(c) is revoked under a provision of the authority.
35
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
9
Note:
Division 3 allows the Minister to declare that a Part III authority, or
1
specified provisions of a Part III authority, are no longer in force in
2
relation to a specified area of land.
3
Copies of the rehabilitation authority
4
(8) If the Minister confers a rehabilitation authority under this section,
5
the Minister must give a copy of the authority to each of the
6
following:
7
(a) the person or persons on whom the authority has been
8
conferred;
9
(b) the Land Council for each area of land to which the authority
10
relates;
11
(c) the Minister who administers the
Environment Protection
12
and Biodiversity Conservation Act 1999
;
13
(d) the Northern Territory Mining Minister.
14
41CB Application for rehabilitation authority
15
Who may apply
16
(1) The following persons may apply in writing to the Minister for a
17
rehabilitation authority:
18
(a) a person on whom an authority under section 41 has been
19
conferred;
20
(b) a person on whom a rehabilitation authority has been
21
conferred (whether or not an authority under section 41 has
22
previously been conferred on the person).
23
(2) There is no limit on the number of times a person or persons may
24
apply under subsection (1).
25
When application may be made
26
(3) Subject to subsections (4) and (5), an application under
27
subsection (1) may be made at any time.
28
(4) If:
29
(a) an authority under section 41 is in force immediately before
30
the commencement of this subsection; and
31
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
10
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
(b) a person on whom the authority has been conferred does not
1
apply for a rehabilitation authority under subsection (1) of
2
this section before the following time (the
last application
3
time
):
4
(i) unless subparagraph (ii) of this paragraph applies--the
5
end of the period of 18 months beginning on the day
6
that this subsection commences;
7
(ii) such later time (if any) as is determined by the Minister
8
under subsection (6) of this section;
9
then the person cannot apply for a rehabilitation authority under
10
subsection (1) of this section after the last application time.
11
Note:
If an authority under section 41 is in force immediately before the
12
commencement of this subsection, there are restrictions on when the
13
authority may be varied before the last application time: see
14
subsections 41CO(1) and (2).
15
(5) If:
16
(a) a rehabilitation authority specifies that the authority is to be
17
in force for a particular period (the
rehabilitation period
);
18
and
19
(b) a person on whom the authority has been conferred does not
20
apply for a further rehabilitation authority under
21
subsection (1) within the period (the
application period
)
that
22
starts at the beginning of the rehabilitation period and ends:
23
(i) unless subparagraph (ii) of this paragraph applies--12
24
months before the end of the rehabilitation period; or
25
(ii) at such later time (if any) as is determined by the
26
Minister under subsection (6);
27
then the person cannot apply for a further rehabilitation authority
28
under subsection (1) after the end of the application period.
29
Note:
There are restrictions on when, and how, a rehabilitation authority
30
may be varied before the end of the application period: see
31
subsections 41CO(3) and (4).
32
(6) The Minister may, in writing, determine a time for the purposes of
33
subparagraph (4)(b)(ii) or (5)(b)(ii).
34
(7) A determination under subsection (6) is not a legislative
35
instrument.
36
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
11
41CC Powers under rehabilitation authority
1
(1) If a rehabilitation authority is in force in relation to an area of land,
2
the person or persons on whom the authority has been conferred
3
may (subject to any conditions or restrictions specified in the
4
authority and any requirements imposed by the authority):
5
(a) carry on, upon or under that land, any operations authorized
6
by the authority; and
7
(b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or
8
(f) in relation to that land; and
9
(c) for the purposes of operations authorized by the authority, do
10
a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or
11
(iv) in relation to that land; and
12
(d) do anything necessary or convenient for the effectual
13
exercise of a power referred to in paragraph (a), (b) or (c) of
14
this subsection.
15
(2) To avoid doubt, conditions or restrictions specified in the authority,
16
or requirements imposed by the authority, may have the effect of
17
prohibiting the person or persons from doing a thing referred to in
18
a paragraph in subsection (1).
19
41CD Rehabilitation authority may impose conditions, restrictions
20
and requirements
21
(1) A rehabilitation authority may specify conditions or restrictions to
22
which the authority is subject.
23
(2) A rehabilitation authority may impose requirements on the person
24
or persons on whom the authority has been conferred.
25
41CE Rehabilitation authority must impose rehabilitation
26
requirements
27
(1) If a rehabilitation authority is conferred under section 41CA then
28
the Minister must ensure that, at the time when the authority comes
29
into force:
30
(a) the authority imposes, on the person or persons on whom the
31
authority has been conferred, rehabilitation requirements in
32
relation to the Ranger Project Area; and
33
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
12
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
(b) those rehabilitation requirements are substantially similar to
1
the environmental requirements that were, immediately
2
before the commencement of this section, imposed by the
3
historic section 41 authority on the person or persons on
4
whom the historic section 41 authority was conferred.
5
Note:
For
historic section 41 authority
, see subsection 5(1).
6
(2) In this section:
7
environmental requirements
means the requirements set out in
8
Appendix A to the Schedule to the historic section 41 authority, as
9
those requirements apply under that authority.
10
41CF Termination of previous Part III authorities
11
If:
12
(a) a rehabilitation authority (the
new authority
) is conferred
13
under this Part; and
14
(b) a Part III authority (the
previous authority
)
is in force
15
immediately before the new authority comes into force; and
16
(c) the person or persons on whom the previous authority has
17
been conferred agree in writing to the previous authority
18
terminating when the new authority comes into force;
19
then the previous authority terminates when the new authority
20
comes into force.
21
41CG Assignment of interests in rehabilitation authority
22
Section 41B applies in relation to a rehabilitation authority in a
23
corresponding way to the way in which it applies in relation to an
24
authority under section 41.
25
Division 3--Close-out of Part III authorities
26
41CH When rehabilitation requirements are taken to be satisfied in
27
relation to an area of land
28
(1) If a Part III authority imposes a rehabilitation requirement on the
29
person or persons on whom the authority has been conferred, the
30
authority may also specify conditions under which that requirement
31
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
13
is taken to be satisfied in relation to the whole, or a part, of the land
1
in the Ranger Project Area.
2
(2) Without limiting subsection (1), a Part III authority may specify
3
conditions under which a rehabilitation requirement is taken to be
4
satisfied, as mentioned in that subsection, by doing any of the
5
following:
6
(a) specifying a procedure for determining when the requirement
7
is taken to be satisfied;
8
(b) conferring on a person or body a function of determining, or
9
a power to determine, when the requirement is taken to be
10
satisfied.
11
41CI When authority is no longer in force in relation to an area of
12
land
13
Declaration by Minister
14
(1) The Minister may declare in writing that, on and after a specified
15
time, a Part III authority, or specified provisions of a Part III
16
authority, are no longer in force in relation to the whole, or a
17
specified part, of the land in the Ranger Project Area.
18
Note:
If the Minister makes such a declaration in relation to an area of land,
19
it may be that:
20
(a) if the declaration relates only to specified provisions of the
21
authority--other provisions of the authority remain in force in
22
relation to that area of land; and
23
(b) the whole of the authority remains in force in relation to other
24
areas of land.
25
(2) However, the Minister may only make a declaration under
26
subsection (1) if:
27
(a) the rehabilitation requirements imposed by the Part III
28
authority in relation to the whole or that part (as applicable)
29
of the land in the Ranger Project Area have been satisfied or
30
are taken to have been satisfied; and
31
(b) before the Minister makes the declaration, the person or
32
persons on whom the authority has been conferred agree in
33
writing to the Minister making the declaration; and
34
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
14
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
(c) before the Minister makes the declaration, the Minister
1
consults on the proposed declaration with the Land Council
2
for each area of land to which the declaration relates.
3
Note:
Paragraph (a): a rehabilitation authority may specify conditions under
4
which a rehabilitation requirement imposed by the authority is taken
5
to be satisfied (see section 41CH).
6
(3) A declaration under subsection (1) has effect for the purposes of
7
this Act.
8
Declaration may have effect of terminating authority
9
(4) If a declaration or declarations under subsection (1) have the effect
10
that, on and after a certain time, no provisions of the Part III
11
authority are in force in relation to any part of the land in the
12
Ranger Project Area, then the Part III authority terminates at that
13
time.
14
Copies of the declaration
15
(5) If the Minister makes a declaration under subsection (1), the
16
Minister must give a copy of the declaration to each of the
17
following:
18
(a) the person or persons on whom the Part III authority has been
19
conferred;
20
(b) the Land Council for each area of land to which the
21
declaration relates;
22
(c) the Minister who administers the
Environment Protection
23
and Biodiversity Conservation Act 1999
;
24
(d) the Northern Territory Mining Minister.
25
Declaration not a legislative instrument
26
(6) A declaration under subsection (1) is not a legislative instrument.
27
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
15
Division 4--Variation and revocation of Part III
1
authorities
2
41CJ Variation of Part III authorities--overview
3
A Part III authority may only be varied under the following
4
provisions:
5
(a) section 41CK;
6
(b) a provision of the authority (if any) that provides for the
7
authority to be varied.
8
Note:
Interests in a Part III authority may be assigned under section 41B
9
(which applies in relation to a rehabilitation authority in a
10
corresponding way to the way in which it applies in relation to an
11
authority under section 41: see section 41CG).
12
41CK Minister may vary Part III authority
13
Variation in response to failure to comply with authority
14
(1) The Minister may, in writing, vary a Part III authority if:
15
(a) a person on whom the authority has been conferred has failed
16
to comply with a condition or restriction to which the
17
authority is subject, or with a requirement imposed by the
18
authority; and
19
(b) the Minister considers that the variation is an appropriate
20
response to that failure.
21
Variation to extend period for which authority is in force
22
(2) The Minister may, in writing, vary a Part III authority by extending
23
the period for which the authority is in force.
24
Variation to ensure continued effective operation of authority
25
(3) The Minister may, in writing, vary a Part III authority if the
26
Minister considers that doing so is necessary to ensure the
27
continued effective operation of the authority.
28
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
16
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
Variation to specify close-out conditions
1
(4) The Minister may, in writing, vary a Part III authority by
2
specifying in the authority conditions under which a rehabilitation
3
requirement imposed by the authority is taken to be satisfied in
4
relation to the whole, or a part, of the land in the Ranger Project
5
Area.
6
Note:
Subsection 41CH(1) permits a Part III authority to specify conditions
7
of this kind. Subsection 41CH(2) mentions some ways in which a
8
Part III authority may specify conditions of this kind.
9
(5) However, if a Part III authority already specifies conditions (the
10
existing conditions
) of that kind, then a variation of the authority
11
under subsection (4) must not:
12
(a) vary the existing conditions (other than in minor or technical
13
ways) or remove the existing conditions; or
14
(b) specify conditions that are inconsistent with the existing
15
conditions.
16
Powers of variation under this section are independent
17
(6) A power to vary a Part III authority under a subsection in this
18
section is in addition to, and does not limit, a power to vary a
19
Part III authority under any other subsection in this section.
20
41CL Variation of Part III authorities--agreement with Land
21
Council must be in force
22
The Minister must not vary a Part III authority under section 41CK
23
unless, at the time when the instrument of variation is made, the
24
following conditions are satisfied in relation to each area of land to
25
which the authority as varied will relate:
26
(a) an agreement between the Commonwealth and the Land
27
Council for the area of land, of the kind referred to in
28
subsection 44(2) of the
Aboriginal Land Rights (Northern
29
Territory) Act 1976
(as that Act applies in relation to the
30
Ranger Project Area), is in force;
31
(b) that agreement relates to:
32
(i) the area of land; and
33
(ii) the whole of the remaining period for which the
34
authority as varied is to be in force in relation to the area
35
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Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
17
of land (as that period is to be specified in the authority
1
immediately after the variation takes effect).
2
Note:
The version of subsection 44(2) of the
Aboriginal Land Rights
3
(Northern Territory) Act 1976
that applies in relation to the Ranger
4
Project Area is the version in force immediately before the
5
commencement of the
Aboriginal Land Rights (Northern Territory)
6
Amendment Act (No. 3) 1987
: see section 8 of that amendment Act.
7
41CM Variation of Part III authorities--consultation
8
The Minister must not vary a Part III authority under section 41CK
9
unless, before varying the authority, the Minister consults on the
10
proposed variation with all of the following:
11
(a) the person or persons on whom the authority has been
12
conferred;
13
(b) the Land Council for each area of land to which the authority
14
relates;
15
(c) the Minister who administers the
Environment Protection
16
and Biodiversity Conservation Act 1999
.
17
41CN Variation of Part III authorities--notice etc.
18
Notice before variation
19
(1) The Minister must not vary a Part III authority
under section 41CK
20
unless, before varying the authority, the Minister:
21
(a) gives the person or persons on whom the authority has been
22
conferred written notice of the details of the proposed
23
variation; and
24
(b) gives that person or persons a reasonable opportunity, after
25
receiving the notice, to make representations to the Minister
26
in relation to the proposed variation.
27
Notice after variation
28
(2) The Minister must, after varying a Part III authority under
29
section 41CK, give written notice of the variation to the person or
30
persons on whom the authority has been conferred.
31
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Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
Copies of the variation
1
(3) If the Minister varies a Part III authority under section 41CK, the
2
Minister must give a copy of the instrument of variation, and of the
3
Part III authority as varied, to each of the following:
4
(a) the person or persons on whom the authority has been
5
conferred;
6
(b) the Land Council for each area of land to which the authority
7
relates;
8
(c) the Minister who administers the
Environment Protection
9
and Biodiversity Conservation Act 1999
;
10
(d) the Northern Territory Mining Minister.
11
41CO Variation of Part III authorities--timing
12
Variation of authority under section 41
13
(1) If an authority under section 41 (the
relevant section 41 authority
)
14
satisfies the condition in paragraph 41CB(4)(a), then the authority
15
must not be varied under section 41CK until after the last
16
application time (within the meaning of paragraph 41CB(4)(b)).
17
Exception to subsection (1)
18
(2) Despite subsection (1), if:
19
(a) a person on whom the relevant section 41 authority has been
20
conferred applies for a rehabilitation authority; and
21
(b) the Minister gives the person notice under
22
paragraph 41CA(4)(a) of the proposed terms of the
23
rehabilitation authority; and
24
(c) the person does not agree to those proposed terms under
25
paragraph 41CA(4)(b) within
a reasonable period after that
26
notice is given;
27
then the Minister may vary the relevant section 41 authority under
28
section 41CK after the end of that reasonable period.
29
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Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
19
Variation of rehabilitation authority to extend period for which
1
authority is in force
2
(3) A rehabilitation authority must not be varied under section 41CK
3
to extend the period for which the authority is in force until after
4
the end of the application period (within the meaning of
5
paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in
6
relation to a person on whom the authority has been conferred.
7
Exception to subsection (3)
8
(4) Despite subsection (3), if:
9
(a) a person on whom a rehabilitation authority (the
existing
10
rehabilitation authority
)
has been conferred applies for a
11
further rehabilitation authority (the
new rehabilitation
12
authority
); and
13
(b) the Minister gives the person notice under
14
paragraph 41CA(4)(a) of the proposed terms of the new
15
rehabilitation authority; and
16
(c) the person does not agree to those proposed terms under
17
paragraph 41CA(4)(b) within
a reasonable period after that
18
notice is given;
19
then the Minister may, after the end of that reasonable period, vary
20
the existing rehabilitation authority under section 41CK to extend
21
the period for which the authority is force.
22
No effect on other variations
23
(5) To avoid doubt, subsections (3) and (4) do not have any effect on
24
when a variation of a rehabilitation authority may be made if the
25
variation is not a variation under section 41CK to extend the period
26
for which the authority is in force.
27
41CP Variation of Part III authorities--other matters
28
When variation takes effect
29
(1) A variation under section 41CK takes effect on the later of the
30
following:
31
(a) the day (if any) specified in the instrument of variation as the
32
day the variation takes effect;
33
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Amendments
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Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
(b) the day after the day when notice of the variation is given in
1
accordance with subsection 41CN(2).
2
Variation not a legislative instrument
3
(2) An instrument of variation under section 41CK is not a legislative
4
instrument.
5
41CQ Revocation of Part III authorities--overview
6
A Part III authority may only be revoked under the following
7
provisions:
8
(a) if the authority is an authority under section 41--section 41C
9
or 41CR;
10
(b) in any case--a provision of the authority (if any) that
11
provides for the authority to be revoked.
12
41CR Minister may revoke authority under section 41
13
Minister may revoke authority if satisfied of certain matters
14
(1) The Minister may, in writing, revoke an authority under section 41
15
if:
16
(a) the Minister has received an application under subsection (2)
17
for the authority to be revoked; and
18
(b) the Minister is satisfied that the person or persons on whom
19
the authority has been conferred have complied with any
20
conditions or restrictions to which the authority is subject,
21
and any requirements imposed by the authority, that relate to
22
the protection, rehabilitation, remediation or monitoring of
23
land in the Ranger Project Area.
24
(2) The person or persons on whom an authority under section 41 has
25
been conferred may apply in writing to the Minister for the
26
authority to be revoked under subsection (1) of this section.
27
Consultation with Land Council
28
(3) The Minister must not revoke an authority under subsection (1)
29
unless, before revoking the authority, the Minister consults on the
30
Authorities under the Atomic Energy Act 1953
Schedule 1
Amendments
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No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
21
proposed revocation with the Land Council for each area of land to
1
which the authority relates.
2
When revocation takes effect
3
(4) A revocation of an authority under subsection (1) takes effect on
4
the later of the following:
5
(a) the day (if any) specified in the instrument of revocation as
6
the day the revocation takes effect;
7
(b) the day after the day when a copy of the instrument of
8
revocation is given to the person or persons on whom the
9
authority has been conferred, in accordance with
10
paragraph (5)(a).
11
Copies of the revocation
12
(5) If the Minister revokes an authority under subsection (1), the
13
Minister must give a copy of the instrument of revocation to each
14
of the following:
15
(a) the person or persons on whom the authority has been
16
conferred;
17
(b) the Land Council for each area of land to which the authority
18
relates;
19
(c) the Minister who administers the
Environment Protection
20
and Biodiversity Conservation Act 1999
;
21
(d) the Northern Territory Mining Minister.
22
Revocation not a legislative instrument
23
(6) An instrument of revocation under subsection (1) is not a
24
legislative instrument.
25
41CS Variation and revocation must be consistent with
26
Commonwealth obligations
27
(1) The Minister's power to vary or revoke a Part III authority
28
(whether under section 41CK or 41CR or otherwise) must not be
29
exercised in a manner that is inconsistent with the obligations of
30
the Commonwealth under an agreement specified in subsection (2)
31
of this section, as that agreement is in force at the time of the
32
exercise of the power.
33
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Part 1
Amendments
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Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
(2) For the purposes of subsection (1), an agreement entered into by
1
the Commonwealth under section 44 or 46 of the
Aboriginal Land
2
Rights (Northern Territory) Act 1976
(as that Act applies in
3
relation to the Ranger Project Area) is specified.
4
Note:
The versions of sections 44 and 46 of the
Aboriginal Land Rights
5
(Northern Territory) Act 1976
that apply in relation to the Ranger
6
Project Area are the versions in force immediately before the
7
commencement of the
Aboriginal Land Rights (Northern Territory)
8
Amendment Act (No. 3) 1987
: see section 8 of that amendment Act.
9
Division 5--Other matters relating to Part III authorities
10
41CT Conferral of functions and powers
11
A Part III authority may confer functions and powers on a person
12
or body in relation to any matter arising under, or in connection
13
with, the authority.
14
41CU Incorporation of matters in other instruments
15
Despite subsection 46AA(2) of the
Acts Interpretation Act 1901
, a
16
Part III authority may make provision in relation to a matter by
17
applying, adopting or incorporating, with or without modification,
18
any matter contained in an instrument or other writing as in force
19
or existing from time to time.
20
41CV Part III authority not a legislative instrument
21
A Part III authority is not a legislative instrument.
22
41CW Exemption from Part 3 of the Environment Protection and
23
Biodiversity Conservation Act 1999
24
(1) Part 3 of the
Environment Protection and Biodiversity
25
Conservation Act 1999
does not apply to:
26
(a) actions authorized by the historic section 41 authority or by a
27
rehabilitation authority; or
28
(b) actions that a person has the power to perform under
29
section 41 or 41CC of this Act because such an authority is in
30
force.
31
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Schedule 1
Amendments
Part 1
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
23
Note:
For
historic section 41 authority
, see subsection 5(1).
1
(2) Subsection (1) only applies to actions that are taken in accordance
2
with any conditions or restrictions specified in, or any requirements
3
imposed by, the historic section 41 authority or the rehabilitation
4
authority.
5
41CX Restrictions under the Aboriginal Land Rights (Northern
6
Territory) Act 1976 on entry onto land etc.
7
To avoid doubt, a reference to "the
Atomic Energy Act 1953
or any
8
other Act authorizing mining for minerals" in Part IV of the
9
Aboriginal Land Rights (Northern Territory) Act 1976
(as that Act
10
applies in relation to the Ranger Project Area) includes a reference
11
to this Act:
12
(a) whether or not a Part III authority is in force under this Act;
13
and
14
(b) if a Part III authority is in force under this Act--whether or
15
not the authority authorizes the carrying on of mining-related
16
operations in relation to the whole, or a part, of the land in
17
the Ranger Project Area.
18
Note:
The version of Part IV of the
Aboriginal Land Rights (Northern
19
Territory) Act 1976
that applies in relation to the Ranger Project Area
20
is the version in force immediately before the commencement of the
21
Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3)
22
1987
: see section 8 of that amendment Act.
23
41CY Concurrent operation of State and Territory laws
24
Except as provided by the regulations, nothing in this Part is
25
intended to exclude or limit the operation of any provision of a law
26
of a State or Territory that is capable of operating concurrently
27
with this Part.
28
19 Before section 41D
29
Insert:
30
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 1
Amendments
24
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
Division 6--Offences and compensation
1
20 Subsection 41D(1)
2
Repeal the subsection (not including the penalty), substitute:
3
(1) A person on whom a Part III authority has been conferred must not
4
refuse to comply with:
5
(a) a condition or restriction to which the authority is subject; or
6
(b) a requirement imposed on the person by the authority.
7
21 Subsection 41D(2)
8
Repeal the subsection (not including the penalty), substitute:
9
(2) A person on whom a Part III authority has been conferred must not
10
fail to comply with:
11
(a) a condition or restriction to which the authority is subject; or
12
(b) a requirement imposed on the person by the authority.
13
22 Section 42 (heading)
14
Repeal the heading, substitute:
15
42 Compensation for certain matters
16
23 Paragraph 42(b)
17
After "section 41", insert "or 41CA".
18
24 At the end of Part III
19
Add:
20
43 Compensation for acquisition of property
21
(1) If, apart from this section, and taking into account the operation of
22
section 42,
the operation of this Part would result in an acquisition
23
of property (within the meaning of paragraph 51(xxxi) of the
24
Constitution) from a person otherwise than on just terms (within
25
the meaning of that paragraph), the Commonwealth is liable to pay
26
a reasonable amount of compensation to the person.
27
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No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
25
(2) If the Commonwealth and the person do not agree on the amount
1
of the compensation, the person may institute proceedings in the
2
Federal Court of Australia or the Supreme Court of a State or
3
Territory for the recovery from the Commonwealth of such
4
reasonable amount of compensation as the court determines.
5
Schedule 1
Authorities under the Atomic Energy Act 1953
Part 2
Application provisions
26
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
No. , 2022
Part 2--Application provisions
1
25 Application
--Part III authorities
2
Authorities under section 41
3
(1)
The amendments of section 41 of the
Atomic Energy Act 1953
made by
4
this Schedule apply in relation to an authority under that section
5
whether the authority came into force before, on or after the
6
commencement of this item.
7
Termination of previous Part III authorities
8
(2)
Section 41CF of the
Atomic Energy Act 1953
, as inserted by this
9
Schedule, applies in relation to the termination of a Part III authority
10
mentioned in paragraph (b) of that section whether the authority came
11
into force before, on or after the commencement of this item.
12
Close-out of Part III authorities
13
(3)
Division 3 of Part III of the
Atomic Energy Act 1953
, as inserted by this
14
Schedule, applies in relation to a Part III authority whether the authority
15
came into force before, on or after the commencement of this item.
16
Variation and revocation of Part III authorities
17
(4)
Division 4 of Part III of the
Atomic Energy Act 1953
, as inserted by this
18
Schedule, applies in relation to a variation or revocation of a Part III
19
authority that occurs on or after the commencement of this item,
20
whether the authority came into force before, on or after that
21
commencement.
22
Conferral of functions and powers
23
(5)
Section 41CT of the
Atomic Energy Act 1953
, as inserted by this
24
Schedule, applies in relation to a Part III authority whether the authority
25
came into force before, on or after the commencement of this item.
26
Authorities under the Atomic Energy Act 1953
Schedule 1
Application provisions
Part 2
No. , 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill
2022
27
Incorporation of matters in other instruments
1
(6)
Section 41CU of the
Atomic Energy Act 1953
, as inserted by this
2
Schedule, applies in relation to a Part III authority whether the authority
3
came into force before, on or after the commencement of this item.
4
Exemption from Part 3 of the Environment Protection and
5
Biodiversity Conservation Act 1999
6
(7)
Section 41CW of the
Atomic Energy Act 1953
, as inserted by this
7
Schedule, applies in relation to actions mentioned in that section that
8
are taken on or after the commencement of this item.
9
26 Application
--offences
10
Subsections 41D(1) and (2) of the
Atomic Energy Act 1953
, as amended
11
by this Schedule, apply in relation to:
12
(a) acts and omissions that occur on or after the commencement
13
of this item; and
14
(b) Part III authorities that came into force before, on or after
15
that commencement.
16