Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 29, 2012
Compilation No. 2
Compilation date: 30 June 2021
Includes amendments up to: Act No. 59, 2021
Registered: 22 July 2021
About this compilation
This compilation
This is a compilation of the National Radioactive Waste Management Act 2012 that shows the text of the law as amended and in force on 30 June 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Definitions
4A Meaning of controlled material
Part 2--Nomination of sites
Division 1--Nomination by a Land Council
5 Nomination by a Land Council
Division 2--General nominations
6 Minister may declare that nominations can be made under section 7.
7 Nominations of potential sites
8 Rules about nominations
Division 3--Approval of nominated land
9 Approval of nominated land
Division 4--Procedural fairness in relation to Minister's declarations and approvals
10 Procedural fairness in relation to Minister's declarations and approvals
Part 3--Selecting the site for a facility
11 Authority to conduct activities
12 Application of State and Territory laws
13 Application of Commonwealth laws
Part 4--Acquisition or extinguishment of rights and interests
Division 1--Minister may declare a site as the site for a facility
14 Minister's declaration of land as selected site or required for road access
15 Formalities relating to Minister's declarations
16 When Minister's declarations take effect etc.
17 Revocation of Minister's declaration
Division 2--Procedural fairness
18 Procedural fairness in relation to Minister's declarations
Division 3--Acquisition or extinguishment
19 Acquisition or extinguishment
20 Application of Commonwealth and State or Territory laws
21 Notice to Registrar-General or other appropriate officer
Division 4--Regional consultative committee
22 Regional consultative committee
Part 5--Conducting activities in relation to selected site
23 Authority to conduct activities
24 Application of State and Territory laws
25 Application of Commonwealth laws
Part 6--Granting of rights and interests in land to original owners
26 Application of Part
27 Declaration of intention to grant rights and interests in land to original owners
28 Declaration granting rights and interests in land to original owners
29 Grant of rights and interests in land to original owners
30 No earlier rights and interests granted
31 Application of Commonwealth, State and Territory laws
32 Notice to Registrar-General
33 Indemnity by Commonwealth
34 Regulations
Part 6A--Community fund
34A Application of Part
34AA NRWMF Community Fund entity
34AB Payment to NRWMF Community Fund entity
34AC Terms and conditions of payment
Part 6B--Fee for use of facility
34B Capital Contribution Fee
34F Commonwealth acceptance of controlled material destined for facility
Part 7--Miscellaneous
35 Compensation
36 Compensation for acquisition of property
37 Indemnity by Commonwealth and management of Northern Territory controlled material for section 5 nominations
39 Regulations
40 Schedule(s)
Schedule 1--Repeal and consequential amendments
Part 1--Repeal of the Commonwealth Radioactive Waste Management Act 2005
Part 2--Consequential amendment
Administrative Decisions (Judicial Review) Act 1977
Schedule 2--Transitional provisions
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
29, 2012 | 4 Apr 2012 | 4 Apr 2012 (s 2) |
| |
62, 2014 | 30 June 2014 | Sch 10 (items 184-186) and Sch 14: 1 July 2014 (s 2(1) item s 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2021 | 29 June 2021 | 30 June 2021 (s 2(1) item 1) | Sch 1 |
Provision affected | How affected |
Part 1 |
|
s 3..................... | rs No 59, 2021 |
s 4..................... | am No 59, 2021 |
s 4A.................... | ad No 59, 2021 |
Part 4 |
|
Division 4 |
|
s 22.................... | am No 59, 2021 |
Part 6A |
|
Part 6A heading............ | rs No 59, 2021 |
s 34A................... | rs No 59, 2021 |
s 34AA.................. | ad No 59, 2021 |
s 34AB.................. | ad No 59, 2021 |
s 34AC.................. | ad No 59, 2021 |
Part 6B |
|
Part 6B heading............ | ad No 59, 2021 |
s 34B................... | am No 59, 2021 |
s 34C................... | am No 62, 2014 |
| rep No 59, 2021 |
s 34D................... | am No 62, 2014 |
| rep No 59, 2021 |
s 34E................... | rep No 59, 2021 |
s 34F................... | am No 59, 2021 |
Part 7 |
|
s 38.................... | rep No 59, 2021 |