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This is a Bill, not an Act. For current law, see the Acts databases.


NUCLEAR WASTE STORAGE FACILITY (PROHIBITION) (REFERENDUM) AMENDMENT BILL 2002

[BIL015-B.HAL]

House of AssemblyNo. 5

[As laid on the table and read a first time, 9 May 2002]

South Australia

[Prepared by the Parliamentary Counsel]

NUCLEAR WASTE STORAGE FACILITY (PROHIBITION) (REFERENDUM) AMENDMENT BILL 2002

A Bill For

An Act to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000.

[OPC-47]


SUMMARY OF PROVISIONS

1.Short title

2.Commencement

3.Amendment of s. 4—Interpretation

4.Insertion of ss. 15, 16 and 17

15.Referendum on establishment of nuclear waste storage facility

16.Conduct of referendum

17.Regulations


The Parliament of South Australia enacts as follows:

Short title

1. (1) This Act may be cited as the Nuclear Waste Storage Facility (Prohibition) (Referendum) Amendment Act 2002.

(2) The Nuclear Waste Storage Facility (Prohibition) Act 2000 is referred to in this Act as "the principal Act".

Commencement

2. This Act will come into operation on a day to be fixed by proclamation.

Amendment of s. 4—Interpretation

3. Section 4 of the principal Act is amended—

(a)by inserting before the definition of "environmental harm" the following definition:

"Code of Practice" means the Code of Practice for the Near-Surface Disposal of Radioactive Waste in Australia (1992) approved by the National Health and Medical Research Council and published by the Australian Government Publishing Service as Radiation Health Series No. 35 (ISBN 0 644 28673 3);;

(b)by striking out the definition of "nuclear waste" and substituting the following definition:

"nuclear waste" means—

(a)Category A, Category B or Category C radioactive waste as defined in the Code of Practice; or

(b)any waste material that contains a radioactive substance and is derived from—

(i)the operations or decommissioning of—

(A)a nuclear reactor; or

(B)a nuclear weapons facility; or

(C)a radioisotope production facility; or

(D)a uranium enrichment plant; or

(ii)the testing, use or decommissioning of nuclear weapons; or

(iii)the conditioning or reprocessing of spent nuclear fuel;.


Insertion of ss. 15, 16 and 17

4. The following sections are inserted after section 14 of the principal Act:

Referendum on establishment of nuclear waste storage facility

15. (1) In this section—

"long-lived intermediate nuclear waste" means Category S radioactive waste as defined in the Code of Practice;

"high level nuclear waste" means waste containing radioactive material where the heat generated from radioactive decay is greater than 2 kilowatts per cubic metre.

(2) If the Minister forms the opinion that an application is likely to be made under a law of the Commonwealth for a licence, exemption or other authority to construct or operate in this State a facility for the storage or disposal of long-lived intermediate or high level nuclear waste generated outside of South Australia, the Minister may, by written notice to the Electoral Commissioner, direct that a referendum of electors of the House of Assembly be held at a date specified by the Minister and that the following question be submitted to the referendum:

Do you approve of the establishment in South Australia of a facility for the storage or disposal of long-lived intermediate or high level nuclear waste generated outside of South Australia?

Conduct of referendum

16. (1) The Electoral Commissioner is responsible for the conduct of a referendum under section 15.

(2) A political party registered under the Electoral Act 1985 may by notice in a form approved by the Electoral Commissioner appoint one or more scrutineers for the purposes of the referendum.

(3) The Electoral Act 1985 applies to the referendum with adaptations, exclusions and modifications prescribed by regulation as if the referendum were a general election of members of the House of Assembly.

(4) When the result of the referendum is known, the Electoral Commissioner must declare the result by notice in the Gazette.

Regulations

17. The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

By Authority: J. D. Ferguson, Government Printer, South Australia

 


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