Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Hansard source

by leave—I move amendments (1) to (10) on sheet SV110 together:

(1) Clause 1, page 1 (line 15), omit "Specification", substitute "Selection".

(2) Schedule 1, page 3 (line 1) to page 14 (line 19), omit the Schedule, substitute:

Schedule 1—Site selection

1 Certain land taken to have been nominated and approved

(1) For the purposes of the National Radioactive Waste Management Act 2012 (the Act), the following table has effect:

(2) The land specified in this subitem is the area of land that is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.

(3) The land specified in this subitem is Section 38, Hundred of Moseley, in the area named Moseley, being part of the land described in South Australian Certificate of Title Volume 5925 Folio 858.

(4) The land specified in this subitem is the whole of the land described in South Australian Crown Lease Volume 6200 Folio 237 (formerly South Australian Crown Lease Volume 1215 Folio 28), being:

(a) the allotment comprising pieces 30, 31, 32 and 33 Deposited Plan 46041 in the area named Flinders Ranges Hundred of Cotabena; and

(b) the allotment comprising pieces 40, 41, 42 and 43 Deposited Plan 46041 in the area named Flinders Ranges Hundred of Cotabena.

2 Compensation for acquisition of property

(1) If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(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, 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.

(4) Schedule 2, page 15 (after line 14), after item 1, insert:

1A Subsection 22(1)

Omit "Immediately after a declaration under subsection 14(2) takes effect, the", substitute "The".

(5) Schedule 2, page 15 (after line 17), after item 2, insert:

2A Section 34A

Repeal the section, substitute:

34A Application of Part

This Part applies if:

(a) the Minister has made a declaration under subsection 14(2) that a site is selected as the site for a facility; and

(b) a facility has been constructed at the site; and

(c) a facility licence that authorises a person to operate the facility has been issued under the Australian Radiation Protection and Nuclear Safety Act 1998.

(6) Schedule 2, item 3, page 16 (lines 1 to 4), omit paragraphs 34AA(2) (b) and (c), substitute:

(b) the local government body that serves the local government area in which the facility is situated;

(c) the government of the State or Territory in which the facility is situated.

(7) Schedule 2, page 17 (after line 27), after item 6, insert:

6A Paragraphs 34B(1 ) ( b) and (c)

Repeal the paragraphs, substitute:

(b) the State or Territory in which the facility is situated;

(c) a Commonwealth entity or an authority of the State or Territory in which the facility is situated;

(8) Schedule 2, page 18 (after line 1), after item 7, insert:

7A Subsection 34B(3)

Repeal the subsection.

(9) Schedule 3, page 19 (before line 4), before item 1, insert:

1A Section 3

Repeal the section, substitute:

3 Object of Act

(1) The object of this Act is to ensure that controlled material is safely and securely managed by providing for:

(a) the selection of a site for a radioactive waste management facility on land in Australia; and

(b) the establishment and operation of such a facility on the selected site.

(2) By ensuring that controlled material is safely and securely managed, this Act, among other things, gives effect to certain obligations that Australia has as a party to the Joint Convention, in particular, Australia's obligations under Chapters 3 and 4 of the Joint Convention.

(10) Schedule 3, page 19 (after line 23), after item 3, insert:

3A Section 4

Insert:

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).

The government is absolutely committed to the urgent establishment of the National Radioactive Waste Management Facility to secure Australia's nuclear medicine manufacturing capability. The government has invited parliamentary oversight of this bill and is open to further scrutiny of the site selection decision. The specification of the site in legislation was never intended to avoid scrutiny of the site selection decision. The government has heard the concerns that have been raised, particularly about those who are uncomfortable with the site's selection decision being made by the parliament, and has worked closely with the opposition in developing and consulting on these amendments.

I am moving amendments which reinstate the existing site declaration process and provide legislative recognition of the short-listed sites. Focusing the site declaration decision on the three short-listed sites is consistent with community expectations and the existing site selection process. Together with the legislative amendments establishing the community fund, these amendments will ensure a national radioactive waste facility can be progressed in the national interest and that the community that hosts it will be well supported.