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NATIONAL RADIOACTIVE WASTE MANAGEMENT ACT 2012 - SECT 4

Definitions

    In this Act:

"Aboriginal land" means Aboriginal land within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 .

"authority" means:

  (a)   in relation to a State:

  (i)   a body corporate established for a public purpose by or under a law of the State; or

  (ii)   an incorporated company in which the State, or a body corporate mentioned in subparagraph   ( a)(i), has a controlling interest; or

  (b)   in relation to a Territory:

  (i)   a body corporate established for a public purpose by or under a law of the Territory; or

  (ii)   an incorporated company in which the Territory, or a body corporate mentioned in subparagraph   ( b)(i), has a controlling interest.

"Commonwealth contractor" means:

  (a)   a person who is a party to a contract with the Commonwealth or a Commonwealth entity; or

  (b)   a person who is a subcontractor for a contract with the Commonwealth or a Commonwealth entity.

"Commonwealth entity" means:

  (a)   a body corporate established for a public purpose by or under an Act; or

  (b)   a company in which a controlling interest is held by any one of the following persons, or any 2 or more of the following persons together:

  (i)   the Commonwealth;

  (ii)   a body covered by paragraph   ( a).

"controlled material" : see section   4A.

"facility" means a facility for the management of controlled material.

"general nomination start time" means the time at which a declaration under section   6 takes effect.

"high level radioactive material" means material which has a thermal energy output of at least 2 kilowatts per cubic metre.

"host community" , for a facility, means the community located in the local government area in which the facility is situated.

"Joint Convention" means 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.

Note:   The Joint Convention is in Australian Treaty Series 2003 No.   21 ([2003] ATS 21)] and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"Land Council" means a Land Council within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 .

"Land Trust" means a Land Trust within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 .

"local government area" means an area that, at the time the Minister makes a declaration under subsection   14(2) in relation to a site, is an area for which a local government body is constituted by or under a law of the State or Territory in which the site is situated.

"nominator" of land means the following:

  (a)   a Land Council that nominated the land as a potential site under subsection   5 (1);

  (b)   a person who nominated the land as a potential site under subsection   7 (2) or (3).

"NRWMF Community Fund entity" : see subsection   3 4AA(1).

Note:   NRWMF is short for National Radioactive Waste Management Facility.

"selected site" means the site, or the specified part of a site, in relation to which a declaration by the Minister under subsection   14 (2) is in effect.

"site" means a site approved by the Minister under section   9 .

"spent nuclear fuel" means material that:

  (a)   is or was capable of producing energy by a self - sustaining chain process of nuclear fission; and

  (b)   has been irradiated in, and permanently removed from, a nuclear reactor (which is a structure containing material to which paragraph   ( a) applies in such an arrangement that a self - sustaining chain process of nuclear fission can occur in the structure without an additional source of neutrons).

"statutory authority" , in relation to the Crown in right of the Commonwealth, a State or a Territory, means any authority or body (including a corporation sole) established by a law of the Commonwealth, the State or Territory other than a general law allowing incorporation as a company or body corporate.

"subcontractor" , for a contract, means a person who is a party to:

  (a)   a contract with a Commonwealth contractor (within the meaning of paragraph   ( a) of the definition of Commonwealth contractor ); or

  (b)   a contract with another subcontractor (under a previous application of this definition).

"traditional Aboriginal owners" means traditional Aboriginal owners within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 .



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