(1) A provision of this Act relating to the transport, storage or disposal of nuclear waste does not have any effect to the extent it is inconsistent with a law of the Commonwealth but the provision must not be taken to be inconsistent with that law if it can be complied with without contravention of that law.
(2) Subject to this section, this Act applies in relation to all nuclear waste, whether originating inside or outside the Territory.
(3) This Act does not apply in relation to the following:
(a) nuclear waste that was lawfully stored in the Territory before the commencement of this Act;
(b) nuclear waste produced in the Territory that is stored or disposed of in accordance with the Radiation Protection Act 2004 ;
(c) mining activity in the Territory related to uranium ores or uranium oxide (U 3 O 8 ) under the Environment Protection Act 2019 ;
(d) the possession, packaging, storage or transportation of uranium ores or uranium oxide (U 3 O 8 ) under the Radioactive Ores and Concentrates (Packaging and Transport) Act 1980 ;
(e) nuclear waste produced incidentally from the operation or maintenance of a pipeline in the Territory conveying petroleum or other energy-producing hydrocarbons;
(f) nuclear waste produced incidentally from the exploration for, or the recovery or exploitation of, petroleum or other energy-producing hydrocarbons in the Territory.
(4) This Act does not apply in relation to nuclear waste transported into the Territory if the nuclear waste is produced incidentally from:
(a) the operation or maintenance of a pipeline conveying petroleum or other energy-producing hydrocarbons into the Territory; or
(b) the exploration for, or the recovery or exploitation of, petroleum or other energy-producing hydrocarbons at a prescribed project that:
(i) delivers significant economic and social benefits to the Territory; and
(ii) is located in a prescribed sedimentary basin within an offshore area or within 800 km seaward of the closest point on the Territorial Sea Baseline.
(5) In this section:
"offshore area", see section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth).
"Territorial Sea Baseline" means the baseline in relation to the Northern Territory, from which the breadth of the territorial sea is measured, determined in accordance with sections 7, 10, 11 and 12 of the Seas and Submerged Lands (Territorial Sea Baseline) Proclamation 2016 , made under section 7 of the Seas and Submerged Lands Act 1973 (Cth).