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2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
NATIONAL RADIOACTIVE WASTE MANAGEMENT AMENDMENT
(SITE SPECIFICATION, COMMUNITY FUND AND OTHER MEASURES) BILL 2020
THE REPLACEMENT SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by authority of the Minister for Resources, Water and Northern Australia,
the Honourable Keith Pitt MP)
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TABLE OF CONTENTS
GLOSSARY 3
OUTLINE 4
FINANCIAL IMPACT STATEMENT 4
CONSULTATION 4
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS 5
NOTES ON GOVERNMENT AMENDMENTS 6
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GLOSSARY
Abbreviation Definition
The Act National Radioactive Waste Management
Act 2012
The Bill National Radioactive Waste Management
Amendment (Site Specification,
Community Fund and Other Measures) Bill
2020
The Facility National Radioactive Waste Management
Facility
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AMENDMENT TO THE NATIONAL RADIOACTIVE WASTE MANAGEMENT
AMENDMENT (SITE SPECIFICATION, COMMUNITY FUND AND OTHER
MEASURES) BILL 2020
OUTLINE
The National Radioactive Waste Management Amendment (Site Specification, Community
Fund and Other Measures) Bill 2020 (the Bill), introduced in the Senate on 15 June 2020,
amends the National Radioactive Waste Management Act 2012 (the Act). The Bill specifies
the site for a National Radioactive Waste Management Facility (the Facility).
This amendment removes the specification of the site for the Facility from the Bill and means
that the Minister makes the decision to declare a site for the Facility. This amendment ensures
that those with leave to appeal the Minister's decision can seek review pursuant to the
Administrative Decisions (Judicial Review) Act 1979.
The amendment recognises the three shortlisted sites (Lyndhurst, Napandee, and
Wallerberdina) as being nominated and changes the short title of the Bill so that it refers to
site selection, rather than site specification.
Recognition of the three shortlisted sites confirms the sites as being nominated and approved
under the Act, but does not limit the Minister from approving new nominations. The Minister
may declare any approved nomination as a site, and is not bound to declare one of the three
shortlisted sites.
There are no changes to the Community Fund aspects of the Bill.
FINANCIAL IMPACT STATEMENT
Nil
CONSULTATION
Consultation on these amendments was undertaken with the Attorney-General's Department,
the Department of Foreign Affairs and Trade, and the Department of the Prime Minister and
Cabinet.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Radioactive Waste Management Amendment
(Site Specification, Community Fund and Other Measures) Bill 2020
The Government has assessed the Bill's compatibility with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of Human Rights
(Parliamentary Scrutiny) Act 2011.
To the extent that the amendments engage with international human rights obligations, they
do so in a reasonable and proportionate way and do not operate to limit or restrict those
rights.
Minister for Resources, Water and Northern Australia,
the Hon Keith Pitt MP
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NOTES ON GOVERNMENT AMENDMENTS
(1) Clause 1, page 1 (line 15), omit "Specification", substitute "Selection"
This amendment changes the short title of the Bill to reflect the revised approach to declaring,
rather than specifying the site for the facility in legislation.
(2) Schedule 1: page 3 (line 1) to page 14 (line 19), omit the Schedule, substitute:
This amendment omits Schedule 1 and substitutes a table which identifies the three
shortlisted sites (Lyndhurst, Napandee, and Wallerberdina) as nominated and approved for
the purposes of the Act. This gives legislative recognition to the shortlisted sites, and to the
communities that have engaged in good faith throughout the lengthy site selection process.
Schedule 1: compensation for acquisition of property
This amendment inserts a clause to ensure that compensation is payable where the operation
of the Schedule would result in an acquisition of property otherwise than on just terms
(within the meaning of paragraph 51(xxxi) of the Constitution).
(3) Schedule 2, item 1, page 15 (lines 9 to 11), omit the definition of local government
area in section 4, substitute:
Local government area means an area that is a local government area of a State or Territory
in which the site is acquired at the time the Minister makes a declaration under
subsection 14(2). This amendment updates the definition of local government area to apply
to the area in relation to the declared site.
(4) Schedule 2, page 15 (after line 14), after item 1, insert:
This change omits "Immediately after a declaration under subsection 14(2) takes effect", and
substitutes "The". This change is identical to the amendment to subsection 22(1) of the Bill
and does not change the requirement for the Minister to establish the regional consultative
committee (RCC). The RCC will be an important consultative forum comprising regional
representatives who are appointed by the Minister to facilitate communication between the
Commonwealth, the operator of the Facility and people living in or near the region where the
Facility is located. The Government will work in consultation with the host community to
establish the RCC as soon as possible after the commencement of the amending Act.
(5) Schedule 2, page 15 (after line 17), after item 2, insert:
This amendment inserts a provision to ensure that the Community Fund becomes available
pursuant to three criteria: the Minister having made a declaration under subsection 14(2) of
the Act that a site is selected for the facility; a facility has been constructed at the site; and
that a facility licence that authorises a person to operate the facility has been issued under the
Australian Radiation Protection and Nuclear Safety Act 1998. New section 34A ensures that
the payment of the Community Fund is linked to a site declaration, rather than to a site
specified in legislation. The requirements for a facility to be constructed and for the facility to
receive its operational licence represent no change from the 2012 legislation, nor the
amending Bill.
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(6) and (7) Schedule 2, item 3, page 16 (lines 1 to 4), omit paragraphs 34AA(2)(b) and
(c), and Schedule 2, page 17 (after line 27), after item 6, repeal paragraphs 34B(1)(b) and (c):
The amendment to paragraphs 34AA(2)(b) and (c) relates to the consultation that must occur
prior to the establishment of the Community Fund. The amendment to paragraphs 34B(1)(b)
and (c) relates to users of the facility who are not required to pay a fee to store or dispose of
controlled material at the facility. Both paragraphs as proposed by the Bill were designed to
refer to the local government area in which the specified site at Napandee, near Kimba South
Australia, is located. These amendments remove those references and replace them with
references to the State or Territory in which the facility is situated. This is necessary because
the Bill no longer specifies a site.
The amendment to 34AA(2)(b) ensures that consultation is undertaken with the local
government body that serves the local government and the government of the State or
Territory in which the facility is situated.
Amendments to 34B1(b) and (c) ensures that the relevant State or Territory (or an authority
thereof) is not required to pay fees for usage of the facility.
(8) Schedule 2, page 18 (after line 1), after item 7, insert:
This amendment repeals the definitions of authority of the Commonwealth and authority of
the relevant State or Territory, as a consequence of amendments made by item 7 above.
Subsection 34B(3) is no longer required.
(9) and (10) Schedule 3, page 19 (before line 4), before item 1, and; Schedule 3, page 19
(after line 23), after item 3:
New section 3 makes clear that the safe and secure management of controlled material gives
effect to Australia's obligations as a party to the Joint Convention on the Safety of Spent Fuel
Management and on the Safety of Radioactive Waste Management, done at Vienna on 5
September 1997, as amended and in force for Australia from time to time.
The Bill originally made this amendment to section 3 in Schedule 1. As the Government
amendments see the omission of Schedule 1 in its entirety, this amendment moves the
insertion of a new section 3 to Schedule 3, to ensure that the amendment takes effect as
intended.
Similarly, the amendment sees the definition of Joint Convention moved from the now
repealed Schedule 1, to Schedule 3.
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