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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Nuclear Facilities Prohibition Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Act to bind Crown 3
5. Act overrides other written laws 3
6. Prohibition against constructing or operating a
nuclear facility 3
7. Prohibition against transporting certain material to
a nuclear facility site 4
8. Prohibition against connecting generating works to
electricity transmission or distribution system 5
9. Injunctions 5
10. Offences by bodies corporate 7
11. Referendum 8
212--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Nuclear Facilities Prohibition Bill 2007
A Bill for
An Act to prohibit the construction or operation of certain nuclear
facilities in Western Australia, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Nuclear Facilities Prohibition Bill 2007
s. 1
1. Short title
This is the Nuclear Facilities Prohibition Act 2007.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. Terms used in this Act
(1) In this Act --
10 "distribution system" has the meaning given in the Electricity
Industry Act 2004 section 3;
"enrichment", of a radioactive substance, means a process by
which the concentration of an isotope in the substance is
increased;
15 "generating works" has the meaning given in the Electricity
Industry Act 2004 section 3;
"nuclear facility" means a facility that is one or more of the
following --
(a) a facility for the enrichment of a radioactive
20 substance, for example, an isotope separation plant;
(b) a facility for the transformation of a radioactive
substance into a form suitable for use as fuel in a
nuclear reactor, for example, a fabrication plant;
(c) a nuclear reactor;
25 "nuclear reactor" means a device designed to produce
controlled nuclear fission, whether or not designed to
generate electricity;
"person" includes, without limiting the Interpretation Act 1984,
the Crown in all its capacities;
page 2
Nuclear Facilities Prohibition Bill 2007
s. 4
"radioactive substance" has the meaning given in the
Radiation Safety Act 1975 section 4(1);
"transmission system" has the meaning given in the Electricity
Industry Act 2004 section 3.
5 (2) For the purposes of this Act, a person transports equipment,
material or a substance in the State whether or not the origin or
destination of the equipment, material or substance is a place to
which this Act applies.
4. Act to bind Crown
10 This Act binds the Crown in right of the State and, so far as the
legislative power of the State permits, the Crown in all its other
capacities.
5. Act overrides other written laws
(1) This Act has effect despite any other written law.
15 (2) Without limiting subsection (1), an authorisation (whether
granted before, on or after the day on which this Act comes into
operation) does not authorise the doing of an act that would
contravene section 6(1), 7(1) or (2), or 8(2).
(3) In subsection (2) --
20 "authorisation" means an authorisation (however described)
under a written law.
6. Prohibition against constructing or operating a nuclear
facility
(1) A person must not construct or operate a nuclear facility in the
25 State.
Penalty: a fine of $500 000.
page 3
Nuclear Facilities Prohibition Bill 2007
s. 7
(2) Subsection (1) does not apply to --
(a) the operation of a nuclear powered vessel; or
(b) the construction or operation of a facility for the
enrichment of radioactive substances the operation of
5 which is --
(i) authorised under the Radiation Safety Act 1975;
or
(ii) in accordance with a registration under the
Radiation Safety Act 1975 in respect of the
10 facility; or
(iii) covered by an exemption under the Radiation
Safety Act 1975.
(3) Proceedings for an offence under subsection (1) are to be dealt
with by a court constituted by a magistrate.
15 7. Prohibition against transporting certain material to a
nuclear facility site
(1) A person must not transport equipment or material in the State
that is intended to be used for or in the construction of a nuclear
facility in the State.
20 Penalty: a fine of $500 000.
(2) A person must not transport a radioactive substance in the State
that is intended to be used in the operation of a nuclear facility
in the State.
Penalty: a fine of $500 000.
25 (3) Subsections (1) and (2) do not apply in respect of a nuclear
facility described in section 6(2)(b).
(4) It is a defence to a charge of an offence under subsection (2) to
prove that the transport was carried out in an emergency
situation to prevent danger to human life or health or
30 irreversible damage to the environment.
page 4
Nuclear Facilities Prohibition Bill 2007
s. 8
(5) Proceedings for an offence under subsection (1) or (2) are to be
dealt with by a court constituted by a magistrate.
8. Prohibition against connecting generating works to
electricity transmission or distribution system
5 (1) In this section --
"operator of a transmission system or a distribution system"
means a person who is one of the following --
(a) a licensee within the meaning given in the Electricity
Industry Act 2004 section 3;
10 (b) a person who is exempt under the Electricity Industry
Act 2004 from the requirement to hold a licence
within the meaning of section 3 of that Act;
(c) a person who operates a transmission system or
distribution system in contravention of the
15 requirement to have a licence under the Electricity
Industry Act 2004.
(2) An operator of a transmission system or a distribution system
must not permit the system to be connected to generating works
in the State if the generating works are, or are powered by, a
20 nuclear facility.
Penalty: a fine of $500 000.
(3) Proceedings for an offence under subsection (2) are to be dealt
with by a court constituted by a magistrate.
9. Injunctions
25 (1) The Minister may apply to a court for an injunction to prevent a
person from doing anything that would involve --
(a) the construction of a nuclear facility in the State, other
than a facility described in section 6(2)(b); or
(b) the operation of a nuclear facility in the State, other than
30 a facility described in section 6(2); or
page 5
Nuclear Facilities Prohibition Bill 2007
s. 9
(c) the transport of equipment or material in the State that is
intended to be used for or in the construction of a
nuclear facility in the State, other than a facility
described in section 6(2)(b); or
5 (d) the transport of a radioactive substance in the State that
is intended to be used in the operation of a nuclear
facility in the State, other than a facility described in
section 6(2)(b); or
(e) the connection of generating works to a transmission
10 system or a distribution system if the generating works
are, or are powered by, a nuclear facility,
or that would facilitate or provide assistance in relation to any of
those matters.
(2) It is not necessary for the Minister to prove that the act sought to
15 be prevented by the injunction has previously occurred or
would, if the injunction were not granted, be likely to occur or
continue.
(3) An interim injunction may be granted before final determination
of an application under subsection (1).
20 (4) The court is not to require, as a condition of granting an interim
injunction, that an undertaking be given as to damages or costs.
(5) The taking of proceedings against any person for an offence
under section 6(1), 7(1) or (2), or 8(2) is not affected by --
(a) the making of an application under subsection (1) for an
25 injunction; or
(b) the grant or refusal of an injunction upon an application
under subsection (1); or
(c) the rescission, variation or expiry of an injunction
granted upon an application under subsection (1).
page 6
Nuclear Facilities Prohibition Bill 2007
s. 10
10. Offences by bodies corporate
(1) If a body corporate contravenes section 6(1), 7(1) or (2), or 8(2),
each person who is a director or who is concerned in the
management of the body corporate is taken to have committed
5 an offence under that provision unless the person proves that --
(a) the person did not know, and could not reasonably be
expected to have known, of the contravention; or
(b) the person --
(i) was not in a position to influence the conduct of
10 the body corporate in relation to the
contravention; or
(ii) being in such a position, used all due diligence
and reasonable precautions to prevent the
contravention;
15 or
(c) the body corporate would not have been convicted by
reason of being able to establish a defence available to it
under this Act.
(2) Under this section a person may be proceeded against and
20 convicted of an offence under section 6(1), 7(1) or (2), or 8(2)
whether or not the body corporate has been proceeded against or
convicted of an offence under that provision.
(3) Nothing in this section prejudices or affects any liability
imposed on a body corporate for an offence committed by the
25 body corporate under section 6(1), 7(1) or (2), or 8(2).
(4) Without limiting any other law or practice regarding the
admissibility of evidence, evidence that an officer, employee or
agent of a body corporate (while acting in his or her capacity as
such) had, at any particular time, a particular state of mind, is
30 evidence that the body corporate had that state of mind.
page 7
Nuclear Facilities Prohibition Bill 2007
s. 11
11. Referendum
(1) In subsection (2) --
"prohibited nuclear facility" means a nuclear facility other
than one described in section 6(2)(b).
5 (2) If the Minister is satisfied that the Commonwealth Government
has taken steps to provide for the construction of a prohibited
nuclear facility in Western Australia, the Minister must use his
or her best endeavours to ensure that a Bill is introduced into the
Parliament authorising or requiring a question or questions
10 relating to the construction of such a facility to be submitted
under the Referendums Act 1983 to the electors (as defined
under section 2(1) of that Act).
page 8
Nuclear Facilities Prohibition Bill 2007
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
authorisation ............................................................................................... 5(3)
distribution system ...................................................................................... 3(1)
enrichment .................................................................................................. 3(1)
generating works ......................................................................................... 3(1)
nuclear facility ............................................................................................ 3(1)
nuclear reactor............................................................................................. 3(1)
operator of a transmission system or a distribution system............................ 8(1)
person ......................................................................................................... 3(1)
prohibited nuclear facility...........................................................................11(1)
radioactive substance................................................................................... 3(1)
transmission system..................................................................................... 3(1)
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