Commonwealth Consolidated Acts

ATOMIC ENERGY ACT 1953 - SECT 41A

             (1)  Subject to sections 41B and 41C, an authority under section 41 shall not be varied or revoked otherwise than under and in accordance with this section.

             (2)  Subject to subsection (3), where the person on whom an authority has been conferred under section 41 applies, or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, those persons apply, in writing to the Minister for the revocation of the authority, the Minister may, in his or her discretion, by instrument in writing under his or her hand, revoke the authority.

             (3)  The Minister shall not, under subsection (2), revoke an authority unless he or she is satisfied that the conditions or restrictions to which the authority is subject, being conditions or restrictions that relate to action to be taken by the person or persons on whom the authority has been conferred for the rehabilitation of the area affected by operations carried on under the authority, have been complied with and observed.

             (4)  Subject to subsection (5), where the person on whom an authority has been conferred under section 41 has, or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, the persons on whom the authority has been conferred have, refused or failed to comply with or observe a condition or restriction to which the authority is subject, the Minister may, by instrument in writing under his or her hand served on the person or each of those persons, as the case may be, vary the authority by imposing additional conditions or restrictions to which the authority is to be subject or by varying all or any of the conditions or restrictions to which the authority is subject, being additional conditions or restrictions or variations that have the effect of prohibiting, either indefinitely or for such period as is specified in the instrument, the person or those persons, as the case may be, from carrying on, upon or under the land to which the authority relates, any operations for mining, recovering, treating or processing prescribed substances or other minerals or such operations of those kinds as are specified in the instrument.

             (5)  The Minister shall not, under subsection (4), vary an authority by reason that the person or persons on whom the authority has been conferred has or have refused or failed to comply with or observe a condition or restriction to which the authority is subject unless:

                     (a)  the Minister has, by instrument in writing under his or her hand served on the person or each of those persons, as the case may be, given notice of his or her intention to exercise his or her powers under that subsection if the notice is not complied with;

                     (b)  the Minister has, in the instrument, specified:

                              (i)  the refusal or failure by reason of which he or she intends to exercise his or her powers under that subsection if the notice is not complied with; and

                             (ii)  the action that the person is or those persons are, as the case may be, required to take in order to secure compliance with or observance of the relevant condition or restriction to which the authority is subject and the period within which the action is to be taken; and

                     (c)  the person has not or those persons have not, as the case may be, at the expiration of that period, taken that action.

             (6)  An authority under section 41 may be varied under subsection (4) by reason that the person or persons on whom the authority has been conferred has or have refused or failed to comply with or observe a condition or restriction to which the authority is subject notwithstanding that the person has, or any one or more of those persons have, as the case may be, been convicted of an offence by reason of his, her or their refusal or failure to comply with or observe the condition or restriction, as the case may be.

             (7)  The person or persons on whom an authority has been conferred under section 41 may be convicted of an offence by reason that the person has or those persons have, as the case may be, refused or failed to comply with or observe a condition or restriction to which the authority is subject notwithstanding that the authority has been varied under subsection (4) by reason that the person has or those persons have, as the case may be, refused or failed to comply with or observe the condition or restriction, as the case may be.

             (8)  In exercising his or her powers under this section, the Minister shall not act in a manner that is inconsistent with the obligations of the Commonwealth under any agreement entered into under section 44 or 46 of the Aboriginal Land Rights ( Northern Territory ) Act 1976 .