Commonwealth of Australia Explanatory Memoranda

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NATIONAL RADIOACTIVE WASTE MANAGEMENT BILL 2010

                           2010-2011-2012




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                              SENATE




NATIONAL RADIOACTIVE WASTE MANAGEMENT BILL 2010




     SUPPLEMENTARY EXPLANATORY MEMORANDUM




       Amendments to be Moved on Behalf of the Government




 (circulated by the authority of the Minister for Resources and Energy

             the Honourable Martin Ferguson AM, MP)
     AMENDMENT TO NATIONAL RADIOACTIVE WASTE MANAGEMENT
                           BILL 2010

OUTLINE

The purpose of the Bill is to establish a facility for managing at a single site, radioactive
waste currently stored at a host of locations across the country.

It will ensure the safe and responsible management of this waste arising from medical,
industrial and research uses of radioactive material in Australia.

The Bill ensures the Commonwealth's power to make arrangements for the safe and secure
management of radioactive waste generated, possessed or controlled by the Commonwealth.

The Bill was passed in the House of Representatives on 22 February 2011. It was introduced
in the Senate on 28 February 2011.

The Government amendment proposed to the Bill is to:

       ·   extend clause 17 to include revocation of required rights and interests in land
           required for all-weather road access to the selected site. This minor technical
           amendment will ensure clause 17 is consistent with other clauses under Part 4 of
           the Bill. Part 4 of the Bill allows for the acquisition or extinguishment of rights
           and interests in relation to the selected site and land required for an access road.


FINANCIAL IMPACT STATEMENT

Overall, the financial impact of the legislation is considered to be negligible. Provision for
any costs, including and liability of the Commonwealth to compensate persons for any
acquisition etc. of their interests in land effected by the Bill, would be sought to supplement
the existing administrated appropriation for Outcome 1 of the Department of Resources,
Energy and Tourism.

DETAILED EXPLANATION OF AMENDMENTS

Part 4 - Acquisition or extinguishment of rights and interests

Clause 17 - Revocation of Minister's declaration

   1. In relation to clause 17(1) in the Bill, the phrase "or (4)" will be added after "14(2)".
   2. In relation to clause 17(3) in the Bill, the phrase "or (4)" will be added after "14(2)".
   3. In relation to clause 17(3)(a) in the Bill, the phrase "that was, immediately before the
      revocation, the selected site" will be replaced with "that was the subject of the
      revoked declaration"