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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
URANIUM MINING AND NUCLEAR
FACILITIES (PROHIBITIONS) BILL 2006
CONTENTS
PART 1 - PRELIMINARY
1. Short Title
2. Commencement
3. Objects of Act
4. Interpretation
5. Act to Bind Crown
6. Act to prevail over other Acts and laws
PART 2 PROHIBITION OF URANIUM MINING AND
CERTAIN NUCLEAR FACILITIES
7. Prospecting or mining for uranium prohibited
8. Constructing or operating certain nuclear facilities prohibited
9. State authorities not to construct or operate nuclear reactors to
generate electricity
PART 3 - ENFORCEMENT
10. Restraint etc of breaches of Act
11. Offences by corporations
12. Proceedings for offences
PART 4 MISCELLANEOUS
13. Regulations
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URANIUM MINING AND NUCLEAR FACILITIES
(PROHIBITIONS) BILL 2006
(Brought in by Nicholas James McKim MHA)
A BILL FOR
An Act to prohibit in Tasmania uranium mining and certain nuclear
facilities; and for other purposes.
Be it enacted by His Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:
PART 1 - PRELIMINARY
Short Title
1. This Act may be cited as the Uranium Mining and Nuclear Facilities
(Prohibitions) Act 2006
Commencement
2. This Act commences on the day on which it receives the Royal
Assent.
Objects of Act
3. The objects of this Act are:
(a) to prohibit prospecting or mining for uranium, and
(b) to prohibit the construction or operation of nuclear reactors and
other facilities in the nuclear fuel cycle,
in order to protect the health, safety and welfare of the people of Tasmania
and the environment in which they live.
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Interpretation
4. In this Act, except in so far as the context or subject-matter otherwise
indicates or requires:
"enrichment", in relation to nuclear material, means any process by which
the proportion of an isotope is increased in relation to the natural abundance
of the isotope.
"mine", in relation to uranium, includes to produce uranium ore
concentrates in a mill or other plant.
"nuclear facility" means a nuclear facility within the meaning of section 8.
"nuclear fuel cycle" includes any process or step in the utilisation of
material capable of undergoing nuclear fission, including its ultimate
disposal.
"nuclear material" means any radioactive substance associated with the
nuclear fuel cycle, including radioactive waste material.
"nuclear reactor" means a device designed to produce controlled nuclear
fission.
"prospect", in relation to uranium, means to search for uranium ore bodies
by any means, and includes to carry out works or remove samples to test the
uranium-bearing qualities of land for the purpose of mining.
"regulation" means a regulation made under this Act.
Act to bind Crown
5. This Act binds the Crown, not only in right of Tasmania but also, so
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far as the legislative power of Parliament permits, the Crown in all its other
capacities.
Act to prevail over other Acts and laws
6. (1) This Act has effect notwithstanding any other Act or law to the
contrary.
(2) Nothing in this Act affects the operation of:
(a) the Radiation Protection Act 2005, or
(b) the Workplace Health and Safety Act 1995.
PART 2 PROHIBITION OF URANIUM MINING AND
CERTAIN NUCLEAR FACILITIES
Prospecting or mining for uranium prohibited
7. (1) A person shall not prospect or mine for uranium.
Maximum penalty: 1, 000 penalty units.
(2) An authority, licence or claim under the Mineral Resources
Development Act 1995 (whether granted or registered before or after
the commencement of this Act) does not authorise the holder of the
authority, licence or claim to prospect or mine for uranium in
contravention of this section.
(3) A person who mines uranium in the course of mining for some
other mineral is not guilty of an offence under this section if:
(a) the person establishes that there are reasonable grounds for
believing that the amount of uranium in the total amount of
material that has at that stage been removed from the land being
mined does not exceed .02 per cent by weight, and
(b) the person complies with such conditions (if any) as may be
prescribed by the regulations with respect to the mining and the
treatment, handling and disposal of the material containing
uranium.
(4) Nothing in this section prevents a person from using radiometric or
other means for searching for a mineral other than uranium.
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Constructing or operating certain nuclear facilities prohibited
8. (1) In this section:"nuclear facility" means:
(a) a facility for the conversion of uranium ore into uranium
hexafluoride or any other chemical in order to enable its
enrichment,
(b) an isotope separation plant or other facility for the
enrichment of nuclear material,
(c) a fabrication plant or other facility for transforming nuclear
material into a form suitable for use as fuel in a nuclear reactor,
(d) a nuclear reactor, whether or not designed for the purpose of
generating electricity,
(e) a reprocessing plant or other facility for the chemical
separation of fuel that has been irradiated in a nuclear reactor,
or
(f) a separate storage installation for the storage or disposal of
any nuclear material (including radioactive waste material) in
the nuclear fuel cycle, being nuclear material used in or
resulting from any of the facilities described in paragraphs (a)-
(e).
(2) A person shall not construct or operate a nuclear facility.
Maximum penalty: 1, 000 penalty units.
State authorities not to construct or operate nuclear reactors to
generate electricity
9. Without affecting the generality of this Act, nothing in any other Act
authorises an authority of the State to construct or operate, or to approve or
permit the construction or operation of, a nuclear reactor for the purpose of
generating electricity or any other form of energy.
PART 3 - ENFORCEMENT
Restraint etc of breaches of Act
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10. (1) Any person may bring proceedings in the Supreme Court for an
order to remedy or restrain a breach of this Act, whether or not any
right of that person has been or may be infringed by or as a
consequence of that breach.
(2) Proceedings under this section may be brought by a person:
(a) on the person's own behalf, or
(b) on behalf of the person and on behalf of:
(i) other persons (with their consent), or
(ii) a body corporate or unincorporated (with the consent
of its committee or other controlling or governing body),
having like or common interests in those proceedings.
(3) Any person on whose behalf proceedings are brought is entitled to
contribute to or provide for the payment of the legal costs and
expenses incurred by the person bringing the proceedings.
(4) If the Supreme Court is satisfied that a breach of this Act has been
committed or that a breach of this Act will, unless restrained by order
of that Court, be committed, it may make such order as it thinks fit to
remedy or restrain the breach.
(5) The powers and functions of the Supreme Court under this section
are in addition to and not in derogation from any other powers and
functions of that Court.
(6) In this section, a reference to a breach of this Act is a reference to:
(a) a contravention, whether by act or omission, of this Act or
the regulations, or
(b) a threatened or an apprehended contravention, whether by
act or omission, of this Act or the regulations.
Offences by corporations
11. (1) If a corporation contravenes, whether by act or omission, any
provision of this Act or a regulation, each person who is a director of
the corporation or who is concerned in the management of the
corporation shall be deemed to have contravened the same provision if
the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a
provision pursuant to subsection (1) whether or not the corporation
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has been proceeded against or been convicted under that provision.
(3) Nothing in this section affects any liability imposed on a
corporation for an offence committed by the corporation against this
Act or the regulations.
Proceedings for offences
12. Proceedings for an offence against this Act or the regulations may be
taken only before the Supreme Court in its summary jurisdiction.
PART 4 MISCELLANEOUS
Regulations
13. (1) The Governor may make regulations, not inconsistent with this
Act, for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) A regulation may create an offence punishable by a penalty not
exceeding 20 penalty units.
(3) A provision of a regulation may:
(a) apply generally or be limited in its application by reference
to specified exceptions or factors,
(b) apply differently according to different factors of a specified
kind, or
(c) authorise any matter or thing to be from time to time
determined, applied or regulated by any specified person or
body,
or may do any combination of those things.
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