ATOMIC ENERGY ACT 1953 - SECT 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth

ATOMIC ENERGY ACT 1953 - SECT 41

Minister may confer authority

  (1)   The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.

Powers under authority

  (2)   While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):

  (a)   enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;

  (b)   take possession of the whole or a part of that land;

  (c)   carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;

  (ca)   carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;

  (cb)   carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection   (2AAA);

  (d)   for the purposes of operations referred to in paragraph   (c), (ca) or (cb):

  (i)   erect or install buildings (including residential buildings), structures and machinery on that land;

  (ii)   cut and construct water races, drains, dams, tramways and roads on that land;

  (iii)   bore or sink for water, and pump, raise or use water, on that land; and

  (iv)   do other work on that land;

  (e)   demolish or remove buildings, structures and machinery erected or installed on that land;

  (ea)   remove from that land persons who enter upon, or are on, that land otherwise than:

  (i)   with the consent of the person so authorized; or

  (ii)   in pursuance of a right or power conferred by law;

  (f)   pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and

  (g)   do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.

  (2AAA)   An authority under this section may, for the purposes of paragraph   (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.

  (2AAB)   To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection   (2) in relation to that land.

  (2AA)   Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.

  (2AB)   The reference in subsection   (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9   January 1979 between the Commonwealth, Peko - Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.

Conditions, restrictions and requirements

  (2AC)   An authority under this section may specify conditions or restrictions to which the authority is subject.

  (2AD)   An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.

  (2AE)   Without limiting subsection   (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.

Period when authority is in force

  (2A)   Subject to Division   3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:

  (a)   is varied to extend the period for which the authority is in force; or

  (b)   terminates under a provision of this Act or under a provision of the authority; or

  (c)   is revoked under a provision of this Act or under a provision of the authority.

Note:   Division   3 allows the Minister to declare that a Part   III authority, or specified provisions of a Part   III authority, are no longer in force in relation to a specified area of land.

Vesting of property in Commonwealth

  (3)   All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.