NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 16 Special transport permit

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 16

  (1)   The Minister may, in writing, grant to a person a permit to possess:

  (a)   nuclear material; or

  (b)   an associated item;

to which this Part applies, being material or an item specified in the permit, for the purpose of transporting the material or item from a location specified in the permit to another location specified in the permit.

  (2)   A permit under subsection   ( 1) is granted subject to such restrictions and conditions as the Minister specifies in the permit.

  (3)   Without limiting the generality of subsection   ( 2), a permit under subsection   ( 1) may be granted subject to restrictions and conditions in respect of:

  (a)   the period for which the permit is to have effect;

  (b)   the means, and the route, by which the nuclear material or associated item is to be transported;

  (c)   the measures to be taken to ensure the physical security of the material or item;

  (d)   the steps to be taken, and the records to be kept, to account for the material or item; and

  (e)   the reports to be furnished in respect of the transport of the material or item.

  (4)   Without limiting the generality of paragraph   ( 3)(d), a condition of a permit under subsection   ( 1) in respect of the records to be kept to account for nuclear material or an associated item may make provision in relation to:

  (a)   the form and content of such records;

  (b)   the period for which such records are to be kept; and

  (c)   the system of measurement to be used in the preparation of such records.

  (5)   Without limiting the generality of paragraph   ( 3)(e), a condition of a permit under subsection   ( 1) in respect of the reports to be furnished in respect of the transport of nuclear material or an associated item may make provision in relation to:

  (a)   the form and content of such reports;

  (b)   special reports to be made in relation to unusual or anomalous incidents or circumstances and the form and contents of such special reports;

  (c)   the time within which such reports and special reports are to be made; and

  (d)   the persons who are to verify or authenticate such reports and special reports.

  (6)   Without limiting the generality of subsection   ( 2), a condition in respect of the doing of an act or thing may be imposed by reference to the approval or consent of a specified person being obtained before the act or thing may be done.

  (7)   A permit granted under subsection   ( 1) shall have endorsed on it or attached to it a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 and to subsection   22(8) of this Act, application may be made to the Administrative Appeals Tribunal, by or on behalf of a person whose interests are affected by a decision by the Minister, pursuant to subsection   ( 2) of this section, imposing a condition or restriction on the grant of a permit, for review of the decision.

  (8)   A failure to comply with the requirements of subsection   ( 7) in relation to a decision shall not be taken to affect the validity of the decision.

  (9)   Subject to subsection   22(1), the Minister may, in writing, vary a permit granted under subsection   ( 1).

  (10)   A variation of a permit pursuant to subsection   ( 9) takes effect on the day on which notice of the variation is given to the holder of the permit under subsection   22(1) or such later day as is specified in the instrument of variation.