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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Dr Geoff Gallop, MLA)
Nuclear Waste Storage Facility
(Prohibition) Bill 1999
A Bill for
An Act to prohibit the establishment of a nuclear waste storage
facility in Western Australia, to amend the Nuclear Activities
Regulation Act 1978 and for other purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Nuclear Waste Storage Facility
(Prohibition) Act 1999.
page 1
38 -- 1
Nuclear Waste Storage Facility (Prohibition) Bill 1999
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Interpretation
5 In this Act unless otherwise provided --
"nuclear waste" means any radioactive material derived from
the operations of a nuclear reactor, nuclear weapons
facility, nuclear reprocessing plant or isotope enrichment
plant except for nuclear waste that has been generated in
10 Australia or material that has been used under licence for
scientific, industrial or medical purposes in accordance
with the provisions of the Radiation Safety Act 1975;
"nuclear waste storage facility" means any installation for the
storage or disposal of any nuclear waste;
15 "public sector body" has the meaning given to it under
section 3 of the Public Sector Management Act 1994; and
"statutory body" has the meaning given to it under section 3 of
the Financial Administration and Audit Act 1985.
4. Objects of Act
20 The objects of this Act are to protect the health, welfare and
safety of the people of Western Australia and to protect the
environment in which they dwell by prohibiting the
establishment of a nuclear waste storage facility in this State.
5. Relation to other laws
25 (1) Subject to subsection (2) this Act has effect notwithstanding any
other Act or written law.
(2) This Act does not derogate from the Radiation Safety Act 1975
and where any provision of that Act or any regulation made
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Nuclear Waste Storage Facility (Prohibition) Bill 1999
s. 6
under that Act is inconsistent with any provision under this Act
the provisions of that Act or that regulation prevail.
6. Act to bind Crown
This Act shall bind the Crown in right of the State of Western
5 Australia and, so far as the legislative competence of the
Parliament of Western Australia extends, in all its other
capacities.
7. Prohibition against constructing or operating a nuclear
waste storage facility
10 (1) A person shall not construct or operate a nuclear waste storage
facility.
(2) A person who contravenes subsection (1) shall be guilty of an
offence and punishable by a fine not exceeding $500 000.
8. Offence by corporation
15 (1) Where a corporation contravenes section 7, each person who is
a director of the corporation or who is concerned in the
management of the corporation contravenes the section unless
the person satisfies the court that --
(a) the corporation contravened the section without the
20 knowledge of the person; and
(b) the person --
(i) was not in a position to influence the conduct of
the corporation in relation to its contravention of
section 7; or
25 (ii) being in such a position, used all due diligence to
prevent the contravention by the corporation.
(2) A person may be proceeded against and convicted under
section 7 because of subsection (1) whether or not the
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Nuclear Waste Storage Facility (Prohibition) Bill 1999
s. 9
corporation has been proceeded against or convicted under that
provision.
(3) Nothing in this section prejudices or affects any liability
imposed by this Act on any corporation by which an offence
5 against section 7 is actually committed.
9. No advances for encouraging or financing development etc.
of nuclear waste storage facility
Notwithstanding anything to the contrary in any other Act or
written law, no moneys shall be granted or advanced to any
10 person out of the Consolidated Fund or out of the fund of any
public sector body or statutory body for the purpose of
encouraging or financing any activity associated with the
development, construction or operation of a nuclear waste
storage facility.
15 10. Consequential amendments
Section 5 of the Nuclear Activities Regulation Act 1978 is
amended --
(a) by inserting at the beginning of the section the
following --
20 " (1) Subject to subsection (2) "; and
(b) by inserting after the section the following --
"
(2) Subsection (1) does not apply in relation to the Nuclear
Waste Storage Facility (Prohibition) Act 1999.
25 ".
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