{"id":"C1953A00031","name":"Atomic Energy Act 1953","slug":"atomic-energy-act-1953","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"31 of 1953","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1105,"registerId":"C2022C00333","compilationNumber":"9","startDate":"2022-11-30","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 1-24) of the [Atomic Energy Amendment (Mine Rehabilitation and Closure) Act 2022](/C2022A00063)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Atomic Energy Amendment (Mine Rehabilitation and Closure) Act 2022","year":2022,"number":63,"titleId":"C2022A00063","provisions":"sch 1 (items 1-24)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2022-12-08T09:07:33.873Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Act binds the Crown","content":"#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Extension to external Territories","content":"#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.","sortOrder":5},{"sectionNumber":"34","sectionType":"section","heading":"Exercise of powers","content":"#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.","sortOrder":6},{"sectionNumber":"34A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":7},{"sectionNumber":"Part II","sectionType":"part","heading":"Title to and information concerning prescribed substances","content":"## Part II—Title to and information concerning prescribed substances","sortOrder":8},{"sectionNumber":"35","sectionType":"section","heading":"Title of Crown to prescribed substances in Territories of the Commonwealth","content":"#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.","sortOrder":9},{"sectionNumber":"36","sectionType":"section","heading":"Notification of discovery of prescribed substance","content":"#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":10},{"sectionNumber":"37","sectionType":"section","heading":"Power to obtain information","content":"#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":11},{"sectionNumber":"Part III","sectionType":"part","heading":"The Ranger Project","content":"An Act relating to Atomic Energy\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.\n\n#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Title to and information concerning prescribed substances\n\n#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.\n\n#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n## Part III—The Ranger Project\n\n### Division 1—Authority to carry on mining etc.\n\n#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.\n\n#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.\n\n#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).\n\n### Division 2—Authority to carry on rehabilitation etc.\n\n#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.\n\n#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).\n\n#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.\n\n#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.\n\n#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.\n\n#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.\n\n### Division 3—Close‑out of Part III authorities\n\n#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.\n\n#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.\n\n### Division 4—Variation and revocation of Part III authorities\n\n#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).\n\n#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.\n\n#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.\n\n#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.\n\n#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.\n\n#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.\n\n#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.\n\n#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n### Division 5—Other matters relating to Part III authorities\n\n#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.\n\n#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.\n\n#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.\n\n#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n### Division 6—Offences and compensation\n\n#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.\n\n#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.\n\n#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## Part V—Miscellaneous\n\n#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.\n\n#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Authority to carry on mining etc.","content":"An Act relating to Atomic Energy\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.\n\n#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Title to and information concerning prescribed substances\n\n#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.\n\n#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n## Part III—The Ranger Project\n\n### Division 1—Authority to carry on mining etc.\n\n#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.\n\n#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.\n\n#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).\n\n### Division 2—Authority to carry on rehabilitation etc.\n\n#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.\n\n#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).\n\n#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.\n\n#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.\n\n#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.\n\n#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.\n\n### Division 3—Close‑out of Part III authorities\n\n#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.\n\n#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.\n\n### Division 4—Variation and revocation of Part III authorities\n\n#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).\n\n#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.\n\n#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.\n\n#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.\n\n#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.\n\n#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.\n\n#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.\n\n#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n### Division 5—Other matters relating to Part III authorities\n\n#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.\n\n#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.\n\n#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.\n\n#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n### Division 6—Offences and compensation\n\n#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.\n\n#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.\n\n#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## Part V—Miscellaneous\n\n#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.\n\n#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"41","sectionType":"section","heading":"Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth","content":"#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.","sortOrder":14},{"sectionNumber":"41B","sectionType":"section","heading":"Assignment of interests in authorities under section 41","content":"#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.","sortOrder":15},{"sectionNumber":"41C","sectionType":"section","heading":"Further authority under section 41 in respect of Ranger Project Area","content":"#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Authority to carry on rehabilitation etc.","content":"An Act relating to Atomic Energy\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.\n\n#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Title to and information concerning prescribed substances\n\n#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.\n\n#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n## Part III—The Ranger Project\n\n### Division 1—Authority to carry on mining etc.\n\n#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.\n\n#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.\n\n#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).\n\n### Division 2—Authority to carry on rehabilitation etc.\n\n#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.\n\n#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).\n\n#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.\n\n#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.\n\n#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.\n\n#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.\n\n### Division 3—Close‑out of Part III authorities\n\n#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.\n\n#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.\n\n### Division 4—Variation and revocation of Part III authorities\n\n#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).\n\n#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.\n\n#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.\n\n#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.\n\n#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.\n\n#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.\n\n#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.\n\n#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n### Division 5—Other matters relating to Part III authorities\n\n#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.\n\n#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.\n\n#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.\n\n#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n### Division 6—Offences and compensation\n\n#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.\n\n#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.\n\n#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## Part V—Miscellaneous\n\n#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.\n\n#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"41CA","sectionType":"section","heading":"Authority to carry on rehabilitation etc.","content":"#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.","sortOrder":18},{"sectionNumber":"41CB","sectionType":"section","heading":"Application for rehabilitation authority","content":"#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.","sortOrder":19},{"sectionNumber":"41CC","sectionType":"section","heading":"Powers under rehabilitation authority","content":"#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).","sortOrder":20},{"sectionNumber":"41CD","sectionType":"section","heading":"Rehabilitation authority may impose conditions, restrictions and requirements","content":"#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.","sortOrder":21},{"sectionNumber":"41CE","sectionType":"section","heading":"Rehabilitation authority must impose rehabilitation requirements","content":"#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.","sortOrder":22},{"sectionNumber":"41CF","sectionType":"section","heading":"Termination of previous Part III authorities","content":"#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.","sortOrder":23},{"sectionNumber":"41CG","sectionType":"section","heading":"Assignment of interests in rehabilitation authority","content":"#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Close‑out of Part III authorities","content":"An Act relating to Atomic Energy\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.\n\n#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Title to and information concerning prescribed substances\n\n#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.\n\n#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n## Part III—The Ranger Project\n\n### Division 1—Authority to carry on mining etc.\n\n#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.\n\n#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.\n\n#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).\n\n### Division 2—Authority to carry on rehabilitation etc.\n\n#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.\n\n#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).\n\n#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.\n\n#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.\n\n#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.\n\n#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.\n\n### Division 3—Close‑out of Part III authorities\n\n#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.\n\n#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.\n\n### Division 4—Variation and revocation of Part III authorities\n\n#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).\n\n#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.\n\n#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.\n\n#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.\n\n#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.\n\n#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.\n\n#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.\n\n#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n### Division 5—Other matters relating to Part III authorities\n\n#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.\n\n#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.\n\n#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.\n\n#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n### Division 6—Offences and compensation\n\n#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.\n\n#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.\n\n#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## Part V—Miscellaneous\n\n#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.\n\n#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"41CH","sectionType":"section","heading":"When rehabilitation requirements are taken to be satisfied in relation to an area of land","content":"#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.","sortOrder":26},{"sectionNumber":"41CI","sectionType":"section","heading":"When authority is no longer in force in relation to an area of land","content":"#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.","sortOrder":27},{"sectionNumber":"Division 4","sectionType":"division","heading":"Variation and revocation of Part III authorities","content":"An Act relating to Atomic Energy\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.\n\n#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Title to and information concerning prescribed substances\n\n#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.\n\n#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n## Part III—The Ranger Project\n\n### Division 1—Authority to carry on mining etc.\n\n#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.\n\n#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.\n\n#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).\n\n### Division 2—Authority to carry on rehabilitation etc.\n\n#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.\n\n#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).\n\n#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.\n\n#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.\n\n#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.\n\n#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.\n\n### Division 3—Close‑out of Part III authorities\n\n#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.\n\n#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.\n\n### Division 4—Variation and revocation of Part III authorities\n\n#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).\n\n#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.\n\n#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.\n\n#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.\n\n#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.\n\n#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.\n\n#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.\n\n#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n### Division 5—Other matters relating to Part III authorities\n\n#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.\n\n#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.\n\n#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.\n\n#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n### Division 6—Offences and compensation\n\n#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.\n\n#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.\n\n#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## Part V—Miscellaneous\n\n#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.\n\n#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":28},{"sectionNumber":"41CJ","sectionType":"section","heading":"Variation of Part III authorities—overview","content":"#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).","sortOrder":29},{"sectionNumber":"41CK","sectionType":"section","heading":"Minister may vary Part III authority","content":"#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.","sortOrder":30},{"sectionNumber":"41CL","sectionType":"section","heading":"Variation of Part III authorities—agreement with Land Council must be in force","content":"#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.","sortOrder":31},{"sectionNumber":"41CM","sectionType":"section","heading":"Variation of Part III authorities—consultation","content":"#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.","sortOrder":32},{"sectionNumber":"41CN","sectionType":"section","heading":"Variation of Part III authorities—notice etc.","content":"#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.","sortOrder":33},{"sectionNumber":"41CO","sectionType":"section","heading":"Variation of Part III authorities—timing","content":"#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.","sortOrder":34},{"sectionNumber":"41CP","sectionType":"section","heading":"Variation of Part III authorities—other matters","content":"#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.","sortOrder":35},{"sectionNumber":"41CQ","sectionType":"section","heading":"Revocation of Part III authorities—overview","content":"#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.","sortOrder":36},{"sectionNumber":"41CR","sectionType":"section","heading":"Minister may revoke authority under section 41","content":"#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.","sortOrder":37},{"sectionNumber":"41CS","sectionType":"section","heading":"Variation and revocation must be consistent with Commonwealth obligations","content":"#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.","sortOrder":38},{"sectionNumber":"Division 5","sectionType":"division","heading":"Other matters relating to Part III authorities","content":"An Act relating to Atomic Energy\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.\n\n#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Title to and information concerning prescribed substances\n\n#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.\n\n#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n## Part III—The Ranger Project\n\n### Division 1—Authority to carry on mining etc.\n\n#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.\n\n#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.\n\n#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).\n\n### Division 2—Authority to carry on rehabilitation etc.\n\n#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.\n\n#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).\n\n#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.\n\n#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.\n\n#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.\n\n#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.\n\n### Division 3—Close‑out of Part III authorities\n\n#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.\n\n#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.\n\n### Division 4—Variation and revocation of Part III authorities\n\n#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).\n\n#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.\n\n#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.\n\n#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.\n\n#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.\n\n#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.\n\n#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.\n\n#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n### Division 5—Other matters relating to Part III authorities\n\n#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.\n\n#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.\n\n#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.\n\n#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n### Division 6—Offences and compensation\n\n#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.\n\n#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.\n\n#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## Part V—Miscellaneous\n\n#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.\n\n#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":39},{"sectionNumber":"41CT","sectionType":"section","heading":"Conferral of functions and powers","content":"#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.","sortOrder":40},{"sectionNumber":"41CU","sectionType":"section","heading":"Incorporation of matters in other instruments","content":"#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.","sortOrder":41},{"sectionNumber":"41CV","sectionType":"section","heading":"Part III authority not a legislative instrument","content":"#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.","sortOrder":42},{"sectionNumber":"41CW","sectionType":"section","heading":"Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999","content":"#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.","sortOrder":43},{"sectionNumber":"41CX","sectionType":"section","heading":"Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.","content":"#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.","sortOrder":44},{"sectionNumber":"41CY","sectionType":"section","heading":"Concurrent operation of State and Territory laws","content":"#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.","sortOrder":45},{"sectionNumber":"Division 6","sectionType":"division","heading":"Offences and compensation","content":"An Act relating to Atomic Energy\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Atomic Energy Act 1953.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> atomic energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation.\n\n> Australia includes the Territories.\n\n> Commission means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987.\n\n> historic section 41 authority means the authority under section 41 that was conferred on Energy Resources of Australia Limited on 14 November 1999, as in force from time to time.\n\n> Land Council has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> minerals includes all substances obtained or obtainable from the earth by underground or surface working.\n\n> mining‑related operations, in relation to an area of land, means operations (including operations for mining) of a kind referred to in paragraph 41(2)(c) in relation to that area of land.\n\n> Northern Territory Mining Minister has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Part III authority means an authority under section 41 or 41CA.\n\n> prescribed substance means:\n\n    (a) uranium, thorium, an element having an atomic number greater than 92 or any other substance declared by the regulations to be capable of being used for the production of atomic energy or for research into matters connected with atomic energy; and\n    (b) any derivative or compound of a substance to which paragraph (a) applies.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> rehabilitation authority means an authority under section 41CA.\n\n> rehabilitation requirement, in relation to an area of land, means a requirement imposed by a Part III authority that relates to the protection, rehabilitation, remediation or monitoring of the whole, or a part, of that area of land.\n\n  (4) A reference in this Act to persons engaged in a joint venture shall be construed as a reference to persons carrying on or proposing to carry on any operations together, whether or not in partnership.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 34 Exercise of powers\n\n  The powers conferred by this Act may be exercised only:\n    (a) for purposes related to trade or commerce with other countries;\n    (b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;\n    (c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;\n    (d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or\n    (e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.\n\n#### 34A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Title to and information concerning prescribed substances\n\n#### 35 Title of Crown to prescribed substances in Territories of the Commonwealth\n\n  (1) This section applies to substances which, on or after the commencement of this Act, are prescribed substances existing in their natural condition, or in a deposit of waste material obtained from an underground or surface working, on or below the surface of land in a Territory, whether alienated from the Crown or not and, if alienated, whether alienated before or after the commencement of this Act.\n  (2) A substance to which this section applies which:\n    (a) is a prescribed substance at the commencement of this Act; and\n    (b) was not the property of the Commonwealth immediately before 11 September 1946 (being the date of commencement of the Atomic Energy (Control of Materials) Act 1946);\n  is declared to have become the property of the Commonwealth on that date.\n  (3) A substance to which this section applies which:\n    (a) becomes a prescribed substance after the commencement of this Act; and\n    (b) is not, immediately before the date on which it becomes a prescribed substance, the property of the Commonwealth;\n  becomes, by force of this Act, the property of the Commonwealth on that date.\n  (4) The title of the Commonwealth to any substance to which this section applies is subject to any rights granted after 10 September, 1946 by or under the law of a Territory, with express reference to that substance, but to no other rights.\n\n#### 36 Notification of discovery of prescribed substance\n\n  (1) A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:\n    (a) the commencement of this Act;\n    (b) the date of the making of the discovery; or\n    (c) the date on which the substance becomes a prescribed substance;\n  whichever is the latest.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.\n  (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 37 Power to obtain information\n\n  (1) The Minister may, by notice in writing served on a person, require that person to furnish in writing, in the manner specified in the notice and within the time or times and in respect of the period or periods (if any) so specified, a statement, return or returns containing such particulars as are specified in the notice relating to:\n    (a) prescribed substances in the person’s possession or under the person’s control;\n    (b) minerals of a kind specified in the notice in the person’s possession or under the person’s control or present on or under land owned or occupied by the person, being minerals from which, in the opinion of the Minister, a prescribed substance can be obtained; or\n    (c) work carried out by the person or on the person’s behalf or under the person’s direction in connexion with the production or use of a prescribed substance or of minerals from which, in the opinion of the Minister, a prescribed substance can be obtained.\n  (2) A person must not refuse to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.\n\n  (4) A person must not fail to comply with a notice served on the person under subsection (1).\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An offence against subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n## Part III—The Ranger Project\n\n### Division 1—Authority to carry on mining etc.\n\n#### 41 Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth\n\n  Minister may confer authority\n  (1) The Minister may, by writing under his or her hand, authorize a person, or 2 or more persons engaged in a joint venture, to carry on, on behalf of or in association with the Commonwealth, operations in accordance with this section in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  Powers under authority\n  (2) While the authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) enter upon that land, with such workers and other persons as he or she thinks fit, and bring on to that land such machinery, vehicles and other things as he or she thinks fit;\n    (b) take possession of the whole or a part of that land;\n    (c) carry on, upon or under that land, operations for discovering prescribed substances, and for mining, recovering, treating and processing prescribed substances and such other minerals as it is necessary or convenient to mine or recover in order to obtain prescribed substances;\n    (ca) carry on, upon or under that land, operations relating to the protection, rehabilitation, remediation or monitoring of that land;\n    (cb) carry on, upon or under that land, any other operations authorized by the authority as mentioned in subsection (2AAA);\n    (d) for the purposes of operations referred to in paragraph (c), (ca) or (cb):\n    (i) erect or install buildings (including residential buildings), structures and machinery on that land;\n    (ii) cut and construct water races, drains, dams, tramways and roads on that land;\n    (iii) bore or sink for water, and pump, raise or use water, on that land; and\n    (iv) do other work on that land;\n    (e) demolish or remove buildings, structures and machinery erected or installed on that land;\n    (ea) remove from that land persons who enter upon, or are on, that land otherwise than:\n    (i) with the consent of the person so authorized; or\n    (ii) in pursuance of a right or power conferred by law;\n    (f) pass over, or authorize persons and things to pass or be carried over, land giving access to that land; and\n    (g) do all such other things as are necessary or convenient for the effectual exercise of the powers specified in the preceding paragraphs of this subsection.\n  (2AAA) An authority under this section may, for the purposes of paragraph (2)(cb), authorize the carrying on of specified operations in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2AAB) To avoid doubt, if an authority under this section is in force in relation to an area of land, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons on whom the authority has been conferred from doing a thing referred to in a paragraph in subsection (2) in relation to that land.\n  (2AA) Operations carried on on the Ranger Project Area by the person or persons specified in an authority under this section (being an authority, whether granted before or after the commencement of this subsection, that authorizes, or purports to authorize, that person, or those persons as joint venturers, to carry on, on behalf of the Commonwealth, operations in accordance with this section on the Ranger Project Area subject to conditions and restrictions specified in the authority) shall, if carried on as provided by the authority and in accordance with the Ranger Project agreement, be deemed, for the purposes of this Act, to be carried on on behalf of the Commonwealth and to be authorized by the authority.\n  (2AB) The reference in subsection (2AA) to the Ranger Project agreement shall be construed as a reference to the agreement known as the Ranger Uranium Project Government Agreement that was made on 9 January 1979 between the Commonwealth, Peko‑Wallsend Operations Ltd., Electrolytic Zinc Company of Australasia Limited and the Commission or, if that agreement is amended, that agreement as amended.\n  Conditions, restrictions and requirements\n  (2AC) An authority under this section may specify conditions or restrictions to which the authority is subject.\n  (2AD) An authority under this section may impose requirements on the person or persons on whom the authority has been conferred.\n  (2AE) Without limiting subsection (2AD), the requirements that may be imposed by an authority under this section include rehabilitation requirements in relation to the whole, or a part, of the land in the Ranger Project Area.\n  Period when authority is in force\n  (2A) Subject to Division 3, an authority under this section continues in force for the period for which the authority is conferred unless, before the expiration of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of this Act or under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Vesting of property in Commonwealth\n  (3) All prescribed substances and minerals mined or otherwise recovered in pursuance of an authority under this section that are not otherwise the property of the Commonwealth are, by force of this section, vested in the Commonwealth.\n\n#### 41B Assignment of interests in authorities under section 41\n\n  (1) Where:\n    (a) a person (in this subsection and in subsection (2) referred to as the assignor), being the person on whom an authority has been conferred under section 41 or, in a case where an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture, one of those persons, applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to a person named in the application (in this subsection and in subsection (2) referred to as the assignee), not being, in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the other person or one of the other persons, as the case may be, on whom the authority has been conferred;\n    (b) the Minister is satisfied that the assignee agrees to the assignment; and\n    (c) in a case where the authority has been conferred on 2 or more persons engaged in a joint venture, the Minister is satisfied that the assignor gave the other person or each of the other persons, as the case may be, on whom the authority has been conferred not less than 3 months’ notice of the assignor’s intention to make an application under this section;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (2) Where the Minister consents, under subsection (1), to the assignment by a person of his or her interest in an authority under section 41, the name of the assignee shall be deemed, from the time of the signing of the instrument of consent, to be specified in the authority in lieu of the name of the assignor.\n  (3) Where:\n    (a) an authority has been conferred under section 41 on 2 or more persons engaged in a joint venture;\n    (b) one of those persons (in this subsection and subsection (4) referred to as the assignor) applies in writing to the Minister for the Minister’s consent to the assignment by the assignor of the whole of his or her interest in the authority to the other person or to one or more of the other persons, as the case may be;\n    (c) the Minister is satisfied that the person or persons to whom the interest is to be assigned agrees or agree to the assignment; and\n    (d) in a case where the authority has been conferred on more than 2 persons and the interest is to be assigned to some only of the other persons referred to in paragraph (b), the Minister is satisfied that the assignor gave to the person or each of the persons, as the case may be, to whom the interest is not to be assigned not less than 3 months’ notice of his or her intention to make an application under this subsection;\n  the Minister may, in his or her discretion, by instrument in writing under his or her hand, consent to the assignment.\n  (4) Where the Minister consents, under subsection (3), to the assignment of an interest in an authority under section 41, the name of the assignor shall be deemed, from the time of the signing of the instrument of consent, to be omitted from the authority.\n  (5) A reference in this Act to the person or persons on whom an authority has been conferred under section 41 shall, in a case where the Minister has consented under subsection (1) or (3) to the assignment of an interest in the authority, be construed as a reference to the person or persons for the time being specified, or deemed by the operation of subsection (2) or (4) to be specified, in the authority as the person or persons on whom the authority has been conferred.\n\n#### 41C Further authority under section 41 in respect of Ranger Project Area\n\n  (1) Where:\n    (a) an authority under section 41 (in this section referred to as the current authority), other than an authority conferred by virtue of this section, is in force in respect of the Ranger Project Area;\n    (b) the persons on whom the current authority has been conferred (in this section referred to as the applicants) apply in writing to the Minister, not earlier than 6 years and not later than 4 years before the expiration of the period (in this section referred to as the mining period) during which the applicants are authorized under that authority to carry on, upon or under the Ranger Project Area, operations for mining prescribed substances or other minerals, for the conferring under section 41 of a new authority in respect of the Ranger Project Area for a further period (being a period that is not less than 7 years and not longer than the period for which the current authority was conferred) specified in the application; and\n    (c) the application is not deemed by subsection (6) to be withdrawn;\n  the applicants are entitled in accordance with this section to have a new authority conferred on them under section 41 in respect of the Ranger Project Area for a period (in this section referred to as the relevant period) equal to the period specified in the application and commencing at the expiration of the mining period.\n  (2) The applicants are not entitled under subsection (1) to have the new authority referred to in that subsection conferred on them unless, not later than 9 months before the expiration of the mining period:\n    (a) the agreement dated 3 November 1978 entered into under section 44 of the Aboriginal Land Rights (Northern Territory) Act 1976 between the Commonwealth and the Northern Land Council established under that Act is extended so as to apply in respect of the relevant period; or\n    (b) a further agreement is entered into under that section between the Commonwealth and the relevant Land Council established under that Act in respect of the relevant period (being an agreement in relation to such part of the Ranger Project Area as is or becomes Aboriginal land within the meaning of that Act).\n  (3) Where an application is made under subsection (1), the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 shall endeavour to obtain, not later than one year before the expiration of the mining period, the extension of the agreement referred to in paragraph (a) of subsection (2) or the further agreement referred to in paragraph (b) of that subsection.\n  (4) If the agreement referred to in paragraph (a) of subsection (2) is extended as mentioned in that paragraph or a further agreement is entered into as mentioned in paragraph (b) of that subsection, the Minister shall:\n    (a) as soon as practicable, after consulting with the applicants, determine the conditions and restrictions to which the new authority is to be subject, being conditions and restrictions that:\n    (i) subject to subparagraph (ii), include conditions and restrictions that the Minister is satisfied will ensure the rehabilitation, in the manner and to the extent provided by the current authority, of the area affected by operations carried on under the current authority; and\n    (ii) are not inconsistent with the obligations of the Commonwealth under the extended agreement or the further agreement, as the case may be; and\n    (b) as soon as practicable, but not later than 6 months before the expiration of the mining period, give to the applicants a notice in writing setting out those conditions and restrictions.\n  (5) Where the applicants have within 3 months following the receipt by them of the notice referred to in paragraph (b) of subsection (4) informed the Minister in writing that they wish to proceed with the application, the Minister shall, before the expiration of the mining period, by instrument in writing under his or her hand, revoke the current authority with effect from the expiration of the mining period and confer a new authority under section 41 on the applicants in respect of the Ranger Project Area in accordance with subsection (1), being a new authority that is subject to the conditions and restrictions determined in accordance with subsection (4).\n  (6) Where the applicants have not within the 3 months referred to in subsection (5) informed the Minister in writing that they wish to proceed with the application, they shall be deemed to have withdrawn the application and are not entitled to make a further application under subsection (1).\n\n### Division 2—Authority to carry on rehabilitation etc.\n\n#### 41CA Authority to carry on rehabilitation etc.\n\n  Minister may confer rehabilitation authority\n  (1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority) to carry on any of the following:\n    (a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;\n    (b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n  (2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining‑related operations in relation to any part of the land in the Ranger Project Area.\n\n> Note: For mining‑related operations, see subsection 5(1).\n\n  (3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.\n  Applicant must agree to terms of rehabilitation authority\n  (4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:\n    (a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:\n    (i) the operations that are to be authorized by the authority; and\n    (ii) the period for which the authority is to be in force; and\n    (iii) any conditions or restrictions to which the authority is to be subject; and\n    (iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and\n    (b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and\n    (c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).\n  Agreement with Land Council must be in force\n  (5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n  Consultation with Land Council\n  (6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.\n  When rehabilitation authority is in force\n  (7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:\n    (a) is varied to extend the period for which the authority is in force; or\n    (b) terminates under a provision of this Act or under a provision of the authority; or\n    (c) is revoked under a provision of the authority.\n\n> Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.\n\n  Copies of the rehabilitation authority\n  (8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CB Application for rehabilitation authority\n\n  Who may apply\n  (1) The following persons may apply in writing to the Minister for a rehabilitation authority:\n    (a) a person on whom an authority under section 41 has been conferred;\n    (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).\n  (2) There is no limit on the number of times a person or persons may apply under subsection (1).\n  When application may be made\n  (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.\n  (4) If:\n    (a) an authority under section 41 is in force immediately before the commencement of this subsection; and\n    (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):\n    (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;\n    (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;\n  then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.\n\n> Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).\n\n  (5) If:\n    (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and\n    (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:\n    (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or\n    (ii) at such later time (if any) as is determined by the Minister under subsection (6);\n  then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.\n\n> Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).\n\n  (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).\n  (7) A determination under subsection (6) is not a legislative instrument.\n\n#### 41CC Powers under rehabilitation authority\n\n  (1) If a rehabilitation authority is in force in relation to an area of land, the person or persons on whom the authority has been conferred may (subject to any conditions or restrictions specified in the authority and any requirements imposed by the authority):\n    (a) carry on, upon or under that land, any operations authorized by the authority; and\n    (b) do a thing referred to in paragraph 41(2)(a), (b), (e), (ea) or (f) in relation to that land; and\n    (c) for the purposes of operations authorized by the authority, do a thing referred to in subparagraph 41(2)(d)(i), (ii), (iii) or (iv) in relation to that land; and\n    (d) do anything necessary or convenient for the effectual exercise of a power referred to in paragraph (a), (b) or (c) of this subsection.\n  (2) To avoid doubt, conditions or restrictions specified in the authority, or requirements imposed by the authority, may have the effect of prohibiting the person or persons from doing a thing referred to in a paragraph in subsection (1).\n\n#### 41CD Rehabilitation authority may impose conditions, restrictions and requirements\n\n  (1) A rehabilitation authority may specify conditions or restrictions to which the authority is subject.\n  (2) A rehabilitation authority may impose requirements on the person or persons on whom the authority has been conferred.\n\n#### 41CE Rehabilitation authority must impose rehabilitation requirements\n\n  (1) If a rehabilitation authority is conferred under section 41CA then the Minister must ensure that, at the time when the authority comes into force:\n    (a) the authority imposes, on the person or persons on whom the authority has been conferred, rehabilitation requirements in relation to the Ranger Project Area; and\n    (b) those rehabilitation requirements are substantially similar to the environmental requirements that were, immediately before the commencement of this section, imposed by the historic section 41 authority on the person or persons on whom the historic section 41 authority was conferred.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) In this section:\n\n> environmental requirements means the requirements set out in Appendix A to the Schedule to the historic section 41 authority, as those requirements apply under that authority.\n\n#### 41CF Termination of previous Part III authorities\n\n  If:\n    (a) a rehabilitation authority (the new authority) is conferred under this Part; and\n    (b) a Part III authority (the previous authority) is in force immediately before the new authority comes into force; and\n    (c) the person or persons on whom the previous authority has been conferred agree in writing to the previous authority terminating when the new authority comes into force;\n  then the previous authority terminates when the new authority comes into force.\n\n#### 41CG Assignment of interests in rehabilitation authority\n\n  Section 41B applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41.\n\n### Division 3—Close‑out of Part III authorities\n\n#### 41CH When rehabilitation requirements are taken to be satisfied in relation to an area of land\n\n  (1) If a Part III authority imposes a rehabilitation requirement on the person or persons on whom the authority has been conferred, the authority may also specify conditions under which that requirement is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n  (2) Without limiting subsection (1), a Part III authority may specify conditions under which a rehabilitation requirement is taken to be satisfied, as mentioned in that subsection, by doing any of the following:\n    (a) specifying a procedure for determining when the requirement is taken to be satisfied;\n    (b) conferring on a person or body a function of determining, or a power to determine, when the requirement is taken to be satisfied.\n\n#### 41CI When authority is no longer in force in relation to an area of land\n\n  Declaration by Minister\n  (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.\n\n> Note: If the Minister makes such a declaration in relation to an area of land, it may be that:\n\n    (a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and\n    (b) the whole of the authority remains in force in relation to other areas of land.\n  (2) However, the Minister may only make a declaration under subsection (1) if:\n    (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and\n    (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and\n    (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.\n\n> Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).\n\n  (3) A declaration under subsection (1) has effect for the purposes of this Act.\n  Declaration may have effect of terminating authority\n  (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.\n  Copies of the declaration\n  (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:\n    (a) the person or persons on whom the Part III authority has been conferred;\n    (b) the Land Council for each area of land to which the declaration relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Declaration not a legislative instrument\n  (6) A declaration under subsection (1) is not a legislative instrument.\n\n### Division 4—Variation and revocation of Part III authorities\n\n#### 41CJ Variation of Part III authorities—overview\n\n  A Part III authority may only be varied under the following provisions:\n    (a) section 41CK;\n    (b) a provision of the authority (if any) that provides for the authority to be varied.\n\n> Note: Interests in a Part III authority may be assigned under section 41B (which applies in relation to a rehabilitation authority in a corresponding way to the way in which it applies in relation to an authority under section 41: see section 41CG).\n\n#### 41CK Minister may vary Part III authority\n\n  Variation in response to failure to comply with authority\n  (1) The Minister may, in writing, vary a Part III authority if:\n    (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and\n    (b) the Minister considers that the variation is an appropriate response to that failure.\n  Variation to extend period for which authority is in force\n  (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force.\n  Variation to ensure continued effective operation of authority\n  (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority.\n  Variation to specify close‑out conditions\n  (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.\n\n  (5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not:\n    (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or\n    (b) specify conditions that are inconsistent with the existing conditions.\n  Powers of variation under this section are independent\n  (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.\n\n#### 41CL Variation of Part III authorities—agreement with Land Council must be in force\n\n  The Minister must not vary a Part III authority under section 41CK unless, at the time when the instrument of variation is made, the following conditions are satisfied in relation to each area of land to which the authority as varied will relate:\n    (a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;\n    (b) that agreement relates to:\n    (i) the area of land; and\n    (ii) the whole of the remaining period for which the authority as varied is to be in force in relation to the area of land (as that period is to be specified in the authority immediately after the variation takes effect).\n\n> Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CM Variation of Part III authorities—consultation\n\n  The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister consults on the proposed variation with all of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.\n\n#### 41CN Variation of Part III authorities—notice etc.\n\n  Notice before variation\n  (1) The Minister must not vary a Part III authority under section 41CK unless, before varying the authority, the Minister:\n    (a) gives the person or persons on whom the authority has been conferred written notice of the details of the proposed variation; and\n    (b) gives that person or persons a reasonable opportunity, after receiving the notice, to make representations to the Minister in relation to the proposed variation.\n  Notice after variation\n  (2) The Minister must, after varying a Part III authority under section 41CK, give written notice of the variation to the person or persons on whom the authority has been conferred.\n  Copies of the variation\n  (3) If the Minister varies a Part III authority under section 41CK, the Minister must give a copy of the instrument of variation, and of the Part III authority as varied, to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n\n#### 41CO Variation of Part III authorities—timing\n\n  Variation of authority under section 41\n  (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).\n  Exception to subsection (1)\n  (2) Despite subsection (1), if:\n    (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.\n  Variation of rehabilitation authority to extend period for which authority is in force\n  (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.\n  Exception to subsection (3)\n  (4) Despite subsection (3), if:\n    (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and\n    (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and\n    (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;\n  then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.\n  No effect on other variations\n  (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.\n\n#### 41CP Variation of Part III authorities—other matters\n\n  When variation takes effect\n  (1) A variation under section 41CK takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of variation as the day the variation takes effect;\n    (b) the day after the day when notice of the variation is given in accordance with subsection 41CN(2).\n  Variation not a legislative instrument\n  (2) An instrument of variation under section 41CK is not a legislative instrument.\n\n#### 41CQ Revocation of Part III authorities—overview\n\n  A Part III authority may only be revoked under the following provisions:\n    (a) if the authority is an authority under section 41—section 41C or 41CR;\n    (b) in any case—a provision of the authority (if any) that provides for the authority to be revoked.\n\n#### 41CR Minister may revoke authority under section 41\n\n  Minister may revoke authority if satisfied of certain matters\n  (1) The Minister may, in writing, revoke an authority under section 41 if:\n    (a) the Minister has received an application under subsection (2) for the authority to be revoked; and\n    (b) the Minister is satisfied that the person or persons on whom the authority has been conferred have complied with any conditions or restrictions to which the authority is subject, and any requirements imposed by the authority, that relate to the protection, rehabilitation, remediation or monitoring of land in the Ranger Project Area.\n  (2) The person or persons on whom an authority under section 41 has been conferred may apply in writing to the Minister for the authority to be revoked under subsection (1) of this section.\n  Consultation with Land Council\n  (3) The Minister must not revoke an authority under subsection (1) unless, before revoking the authority, the Minister consults on the proposed revocation with the Land Council for each area of land to which the authority relates.\n  When revocation takes effect\n  (4) A revocation of an authority under subsection (1) takes effect on the later of the following:\n    (a) the day (if any) specified in the instrument of revocation as the day the revocation takes effect;\n    (b) the day after the day when a copy of the instrument of revocation is given to the person or persons on whom the authority has been conferred, in accordance with paragraph (5)(a).\n  Copies of the revocation\n  (5) If the Minister revokes an authority under subsection (1), the Minister must give a copy of the instrument of revocation to each of the following:\n    (a) the person or persons on whom the authority has been conferred;\n    (b) the Land Council for each area of land to which the authority relates;\n    (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;\n    (d) the Northern Territory Mining Minister.\n  Revocation not a legislative instrument\n  (6) An instrument of revocation under subsection (1) is not a legislative instrument.\n\n#### 41CS Variation and revocation must be consistent with Commonwealth obligations\n\n  (1) The Minister’s power to vary or revoke a Part III authority (whether under section 41CK or 41CR or otherwise) must not be exercised in a manner that is inconsistent with the obligations of the Commonwealth under an agreement specified in subsection (2) of this section, as that agreement is in force at the time of the exercise of the power.\n  (2) For the purposes of subsection (1), an agreement entered into by the Commonwealth under section 44 or 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) is specified.\n\n> Note: The versions of sections 44 and 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 that apply in relation to the Ranger Project Area are the versions in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n### Division 5—Other matters relating to Part III authorities\n\n#### 41CT Conferral of functions and powers\n\n  A Part III authority may confer functions and powers on a person or body in relation to any matter arising under, or in connection with, the authority.\n\n#### 41CU Incorporation of matters in other instruments\n\n  Despite subsection 46AA(2) of the Acts Interpretation Act 1901, a Part III authority may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\n#### 41CV Part III authority not a legislative instrument\n\n  A Part III authority is not a legislative instrument.\n\n#### 41CW Exemption from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999\n\n  (1) Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply to:\n    (a) actions authorized by the historic section 41 authority or by a rehabilitation authority; or\n    (b) actions that a person has the power to perform under section 41 or 41CC of this Act because such an authority is in force.\n\n> Note: For historic section 41 authority, see subsection 5(1).\n\n  (2) Subsection (1) only applies to actions that are taken in accordance with any conditions or restrictions specified in, or any requirements imposed by, the historic section 41 authority or the rehabilitation authority.\n\n#### 41CX Restrictions under the Aboriginal Land Rights (Northern Territory) Act 1976 on entry onto land etc.\n\n  To avoid doubt, a reference to “the Atomic Energy Act 1953 or any other Act authorizing mining for minerals” in Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area) includes a reference to this Act:\n    (a) whether or not a Part III authority is in force under this Act; and\n    (b) if a Part III authority is in force under this Act—whether or not the authority authorizes the carrying on of mining‑related operations in relation to the whole, or a part, of the land in the Ranger Project Area.\n\n> Note: The version of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987: see section 8 of that amendment Act.\n\n#### 41CY Concurrent operation of State and Territory laws\n\n  Except as provided by the regulations, nothing in this Part is intended to exclude or limit the operation of any provision of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n### Division 6—Offences and compensation\n\n#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.\n\n#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.\n\n#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## Part V—Miscellaneous\n\n#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.\n\n#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":46},{"sectionNumber":"41D","sectionType":"section","heading":"Offences relating to breach of condition etc.","content":"#### 41D Offences relating to breach of condition etc.\n\n  (1) A person on whom a Part III authority has been conferred must not refuse to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (2) A person on whom a Part III authority has been conferred must not fail to comply with:\n    (a) a condition or restriction to which the authority is subject; or\n    (b) a requirement imposed on the person by the authority.\n\nPenalty:\n\n    (a) in the case of a natural person—20 penalty units; or\n    (b) in the case of a body corporate—100 penalty units.\n  (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":47},{"sectionNumber":"41E","sectionType":"section","heading":"Offences relating to entry etc. on land","content":"#### 41E Offences relating to entry etc. on land\n\n  (1) A person commits an offence if:\n    (a) the person enters land of which another person is in possession under this Part; or\n    (b) the person is on land of which another person is in possession under this Part.\n\nPenalty: 10 penalty units.\n\n  (2) Subsection (1) does not apply if the person enters, or is on, land:\n    (a) with the consent of the person in possession of the land; or\n    (b) because of a right or power conferred by law.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Compensation for certain matters","content":"#### 42 Compensation for certain matters\n\n  Where:\n    (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or\n    (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;\n  the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 43 Compensation for acquisition of property\n\n  (1) If, apart from this section, and taking into account the operation of section 42, the operation of this Part 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.\n  (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 or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.","sortOrder":50},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"## Part V—Miscellaneous","sortOrder":51},{"sectionNumber":"59","sectionType":"section","heading":"Delegation","content":"#### 59 Delegation\n\n  (1) The Minister may, in relation to a matter or class of matters, or in relation to a part of Australia, by writing under his or her hand, delegate to any person all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.\n  (2) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.","sortOrder":52},{"sectionNumber":"65","sectionType":"section","heading":"Regulations","content":"#### 65 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":53}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"36(1) and 36(4)","severity":"high","reasoning":"Section 36(1) captures persons who discovered prescribed substances 'whether before or after the commencement of this Act'. Section 36(4) makes this a strict liability offence. A person who made a discovery in, say, 1940 had no prospective knowledge of the Act's existence, yet faces strict criminal liability for failing to report within one month of commencement. Strict liability removes mens rea, making it impossible to rely on ignorance of the law as a defence. While s36(3) provides a 'reasonable excuse' defence, the burden is evidential on the defendant (per the Criminal Code note), and the combination of retroactivity with strict liability is logically perverse.","confidence":0.85,"description":"Strict liability offence imposed for failing to report a discovery made before the Act commenced, within one month of commencement. A person who made a discovery decades before 1953 is subject to strict liability for not reporting it within one month of Royal Assent, yet had no way of knowing the Act would be enacted or that their discovery would become relevant."},{"type":"self_contradicting","section":"37(2) and 37(4)","severity":"medium","reasoning":"Section 37(2) prohibits 'refusing' to comply and s37(4) prohibits 'failing' to comply, both attracting the same penalty. Section 37(6) makes s37(4) strict liability but s37(2) is not declared strict liability, creating an asymmetry where identical conduct (not furnishing information) can be charged under either provision with different fault element requirements. A refusal is a subset of failure, meaning a single act of non-compliance simultaneously constitutes both offences. The practical distinction between 'refusing' and 'failing' is legally tenuous and creates double jeopardy exposure.","confidence":0.82,"description":"Dual prohibition on the same conduct: section 37 creates two separate offences for the same failure — 'refusing to comply' (s37(2)) and 'failing to comply' (s37(4)) with an information notice — with identical penalties but different treatment of strict liability. This creates redundant and potentially duplicative prosecutions for a single act of non-compliance."},{"type":"other","section":"5(1) — definition of 'Commission'","severity":"medium","reasoning":"The definition explicitly acknowledges the Commission was constituted 'before the enactment' of the 1987 Act, meaning it was abolished by that Act. Where the Act references the 'Commission' in operative sections (e.g., s41(2AB) which refers to the Commission as a party to the 1979 Ranger Uranium Project Government Agreement), it refers to a legally non-existent body. This creates uncertainty about who, if anyone, can exercise functions formerly attributed to the Commission.","confidence":0.78,"description":"The Act defines 'Commission' as a body that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987, meaning the defined entity no longer exists and has not existed since 1987. The Act continues to use the term in operative provisions yet the defined entity is permanently defunct."},{"type":"circular_definition","section":"41CE(1)","severity":"medium","reasoning":"Section 5(1) defines 'historic section 41 authority' as the authority 'as in force from time to time'. Section 41CE(1)(b) requires rehabilitation requirements to be 'substantially similar' to environmental requirements 'that were, immediately before the commencement of this section, imposed by the historic section 41 authority'. This locks the baseline at a specific point in time (commencement of s41CE), which partially resolves the circularity, but the definition of 'historic section 41 authority' as 'in force from time to time' combined with the section 41CW exemption creating incentives to rely on that authority creates interpretive confusion about which version governs at any given moment.","confidence":0.65,"description":"Rehabilitation authority must impose requirements 'substantially similar' to environmental requirements imposed by the historic section 41 authority — but the historic section 41 authority is itself a living document ('as in force from time to time'). The baseline for 'substantially similar' is therefore a moving target, making compliance with this mandatory requirement logically indeterminate."},{"type":"impossible_compliance","section":"41CB(4) and 41CB(5)","severity":"high","reasoning":"Section 41CB(4) bars a section 41 authority holder from applying for a rehabilitation authority after the 'last application time'. However, rehabilitation requirements imposed by a Part III authority are ongoing obligations enforceable under s41D. If the holder cannot obtain a rehabilitation authority (the successor instrument), they cannot carry on rehabilitation operations under s41CA, yet remain liable for breach of rehabilitation requirements. The mechanism for fulfilling those requirements is cut off while the obligations persist.","confidence":0.75,"description":"A person who holds a section 41 authority and fails to apply for a rehabilitation authority within 18 months permanently loses the right to apply, yet is still bound by any rehabilitation requirements imposed by the lapsed section 41 authority. This creates a situation where obligations survive but the pathway to obtain the successor authority enabling their fulfilment is extinguished."},{"type":"self_contradicting","section":"6(1) and 6(2)","severity":"medium","reasoning":"Section 6(1) declares the Act binds the Crown, suggesting the Crown must comply with its provisions including offence provisions. Section 6(2) then negates any practical enforceability by immunising the Crown from prosecution. For strict liability offences under ss36(4) and 41D(3), where the Crown may be directly engaged in operations (given s41(2AA) deems operations to be carried on 'on behalf of the Commonwealth'), the Crown is structurally insulated from the enforcement mechanism that applies to all other operators.","confidence":0.8,"description":"The Act binds the Crown in right of the Commonwealth and States, but explicitly immunises the Crown from prosecution for offences. Given that Part II and Part III create strict liability offences applicable to persons carrying on operations (which include Commonwealth-authorised operations), the Crown can breach the Act with complete impunity."},{"type":"other","section":"41CQ","severity":"medium","reasoning":"Section 41CR grants the Minister express power to revoke an authority under section 41. Section 41CQ does not list an equivalent provision for rehabilitation authorities — revocation is only available under the authority's own terms. If a rehabilitation authority does not contain a revocation provision, the Minister has no statutory power to revoke it, even in cases of serious non-compliance. This leaves enforcement reliant entirely on what the parties negotiated into the authority document itself.","confidence":0.72,"description":"Section 41CQ provides that a rehabilitation authority may only be revoked under the authority's own provisions, yet section 41CA(7)(c) states it may be 'revoked under a provision of the authority' — but there is no provision in the Act itself permitting ministerial revocation of a rehabilitation authority (unlike section 41CR for section 41 authorities). This creates an asymmetry where the Commonwealth can revoke mining authorities but not rehabilitation authorities through statute."},{"type":"retroactive_impossibility","section":"35(2)","severity":"high","reasoning":"The 1953 Act declares that certain substances 'became the property of the Commonwealth' on 11 September 1946 — seven years before the Act's own commencement. The Act relies on a legal fiction ('is declared to have become') to rewrite historical property rights retroactively. Any transactions, dealings, or legal proceedings between 1946 and 1953 involving those substances occurred without the parties knowing Commonwealth title had been retrospectively established. This creates a chain of title uncertainty that cannot be resolved by declaration alone.","confidence":0.77,"description":"Section 35(2) purports to retrospectively vest property in the Commonwealth as of 11 September 1946 in respect of substances that 'were not the property of the Commonwealth immediately before' that date. This is a retroactive taking of property that pre-dates the enactment of this Act by seven years, raising a constitutional impossibility: the Act attempts to deem historical fact by legislative declaration."}],"contradictions":[{"severity":"high","section_a":"41CA(2)","section_b":"41(2)(c) and definition of 'mining-related operations' in s5(1)","confidence":0.7,"description":"A rehabilitation authority must not authorise mining-related operations (s41CA(2)), but the definition of 'mining-related operations' in s5(1) refers to operations 'of a kind referred to in paragraph 41(2)(c)', which includes operations for 'treating and processing prescribed substances'. Rehabilitation of uranium mine tailings necessarily involves treating and processing prescribed substances, meaning genuine rehabilitation activity may be categorically prohibited by the very authority designed to enable it."},{"severity":"medium","section_a":"41CE(1)","section_b":"41CA(4)(c)","confidence":0.75,"description":"Section 41CE(1) mandates that the Minister must ensure rehabilitation requirements are substantially similar to the historic section 41 authority requirements. Section 41CA(4)(c) requires that the terms of the conferred rehabilitation authority must be exactly the same as the proposed terms agreed to by the applicant. If the applicant agrees to terms that are not substantially similar to the historic requirements, the Minister cannot lawfully confer the authority under either provision simultaneously."},{"severity":"medium","section_a":"41CK(1)","section_b":"41CM and 41CN","confidence":0.8,"description":"Section 41CK(1) allows the Minister to vary a Part III authority in response to a compliance failure, which by its nature may require urgent action. However, sections 41CM and 41CN require prior consultation with the authority holder, the Land Council, and the EPBC Minister, plus written notice and a 'reasonable opportunity' to make representations — before any variation can occur. In an urgent compliance failure scenario, the procedural prerequisites may render timely variation impossible, negating the enforcement purpose of s41CK(1)."},{"severity":"high","section_a":"41D(1) and 41D(2)","section_b":"6(2)","confidence":0.78,"description":"Sections 41D(1) and 41D(2) impose offences on 'a person on whom a Part III authority has been conferred' for non-compliance with authority conditions. Under s41(2AA), operations on the Ranger Project Area are deemed to be carried on 'on behalf of the Commonwealth'. Where the Commonwealth itself is the authority holder or deemed operator, s6(2) immunises it from prosecution, creating a direct contradiction between the offence-creating provisions and the Crown immunity provision."},{"severity":"low","section_a":"34(e)","section_b":"41(1)","confidence":0.55,"description":"Section 34(e) permits exercise of powers for 'other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth'. Section 41(1) authorises operations 'on behalf of or in association with the Commonwealth' in the Ranger Project Area. Uranium mining has historically been connected with defence purposes. If any aspect of operations under s41 relates to defence purposes, the constitutional foundation under s34(e) would be unavailable, potentially rendering the authority invalid, yet no mechanism exists to sever defence-related from non-defence-related purposes."},{"severity":"medium","section_a":"41CI(2)(a)","section_b":"41CH(1)","confidence":0.73,"description":"Section 41CI(2)(a) requires rehabilitation requirements to have been 'satisfied or taken to have been satisfied' before the Minister can declare an authority no longer in force. Section 41CH(1) states that a Part III authority 'may' (not must) specify conditions under which requirements are taken to be satisfied. If no such conditions were ever specified in the authority, there is no mechanism by which requirements can be 'taken to have been satisfied', meaning the close-out pathway is effectively blocked unless actual satisfaction can be demonstrated — an indeterminate standard."},{"severity":"high","section_a":"41CO(1)","section_b":"41CK(1)","confidence":0.82,"description":"Section 41CO(1) prohibits variation of a section 41 authority under s41CK until after the last application time (s41CB(4)(b)), but s41CK(1) permits variation where a person has failed to comply with conditions. This creates a contradiction: the Minister cannot vary the authority in response to a compliance failure during the moratorium period imposed by s41CO(1), yet the compliance failure continues unaddressed. The exception in s41CO(2) only applies where the applicant failed to agree to rehabilitation authority terms — not to general compliance failures."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 1953 Act originally established broad Commonwealth control over atomic energy, title to prescribed substances across Australia and general information-gathering powers. Successive amendments, especially those inserting the current Part III (Ranger Project) and the 41CA rehabilitation regime, have narrowed its practical operation to detailed regulation of mining, rehabilitation and close-out at one specific Northern Territory site while preserving the original ownership and notification rules. The scope has therefore grown well beyond the original national atomic-energy framework to become a site-specific environmental remediation statute tightly integrated with Aboriginal land rights."},"complexity_factors":["Over 15 heavily interdependent defined terms (e.g. 'Part III authority', 'rehabilitation authority', 'historic section 41 authority', 'rehabilitation requirement', 'Ranger Project Area')","Extensive cross-referencing to the Aboriginal Land Rights (Northern Territory) Act 1976 (multiple specific versions frozen at 1987 amendments) and the Environment Protection and Biodiversity Conservation Act 1999","Multi-layered procedural rules across six Divisions in Part III governing grant, variation, assignment, close-out, revocation and termination of authorities with numerous timing restrictions and preconditions","Nested conditional logic (e.g. subsections 41CK(1)–(6), 41CO(1)–(5), 41CI(2)(a)–(c)) plus deeming provisions and 'to avoid doubt' clarifications","Strict liability offences with reverse evidential burdens (ss 36, 37, 41D, 41E) combined with reasonable excuse defences"],"plain_english_summary":"**The Atomic Energy Act 1953** gives the Australian Government ownership of certain radioactive materials (called \"prescribed substances\" like uranium, thorium, and related compounds) that exist in their natural state in Commonwealth territories. Anyone who discovers these substances (or minerals containing them) anywhere in Australia must notify the Minister within one month or face fines (20 penalty units for individuals, 100 for companies). The Act also creates a detailed permission system for the Ranger uranium project area in the Northern Territory.\n\nThe Ranger rules let the Minister issue \"Part III authorities\" to a person or joint venture to enter land, mine prescribed substances, build infrastructure, and – importantly – carry out rehabilitation, remediation and monitoring to repair environmental damage. A separate type of authority covers only rehabilitation work after mining ends. All authorities must align with agreements made under the Aboriginal Land Rights (Northern Territory) Act 1976 with the relevant Land Council, and the Minister must consult Land Councils and the environment minister before granting, varying or ending them.\n\nThe law sets strict conditions, allows the Minister to vary or revoke authorities (including to extend time or respond to non-compliance), requires rehabilitation requirements to be met before an area can be \"closed out\", and provides compensation if private rights are affected. It binds the Crown but does not allow the Crown to be prosecuted, applies criminal responsibility principles from the Criminal Code, and exempts authorised Ranger actions from certain parts of the Environment Protection and Biodiversity Conservation Act 1999. In short, it balances Commonwealth control of nuclear materials with detailed, ongoing environmental cleanup obligations at one specific mine while protecting Aboriginal land interests."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Based on the supplied text, the Act’s scope is focused on prescribed radioactive substances (and derivatives) and on operations in the Ranger Project Area and the Territories, with limits set by s34. The notes show mechanisms for vesting title, authorising operations, imposing rehabilitation obligations, and setting out consultation and procedural requirements. The supplied material does not indicate an expansion or contraction of that statutory scope compared with the Act’s operative framework reflected in these provisions; therefore there is no clear sign in the supplied notes that the statutory scope has changed from the instrument’s established purposes."},"complexity_factors":["Interlocking authority types (section 41 authorities and separate rehabilitation authorities under s41CA) with different powers and prohibitions","Multiple procedural constraints (timing windows for applications, notice and consultation requirements, Land Council agreement prerequisites) that affect conferral, variation, renewal and revocation","Extensive Ministerial discretion to grant, vary, assign and revoke authorities coupled with statutory limitations and consultation obligations (creates legal-interpretation complexity)","Vesting of title to prescribed substances in the Commonwealth when produced under authority (legal transfer of property rights distinct from operational control)","Strict liability offences and standard monetary penalties for noncompliance (raises compliance and evidentiary complexity)","Cross‑references to other statutes and instruments (Aboriginal Land Rights (NT) Act, Ranger Project agreement, EPBC Act) and explicit non‑legislative‑instrument status of Part III instruments","Regulatory exemptions (EPBC Part 3 exemption) limited to actions strictly compliant with authority terms — requires careful factual and legal alignment","Significant delegation and regulation‑making powers (s59, s65) leaving operational detail to subordinate instruments"],"plain_english_summary":"# What this law does, who it affects, and how it works (plain English)\n\n- What it does, mechanically:\n  - Declares certain radioactive materials (\"prescribed substances\" such as uranium and thorium, and their compounds) to be Commonwealth property in specified circumstances, particularly when found in the Territories (see s35).\n  - Imposes a duty to tell the Minister in writing when someone discovers a prescribed substance or minerals that contain one (time limit: one month measured from the latest of discovery, the Act commencing, or the date the substance becomes prescribed). Failure attracts penalties and is strict liability (see s36).\n  - Gives the Minister power to require written statements and returns about possession, location or work connected with prescribed substances or minerals; failure or refusal to comply attracts penalties and (for failure) strict liability (see s37).\n  - Creates a system of written Commonwealth authorities for the Ranger Project Area. A \"section 41 authority\" lets authorised persons (including joint venturers) enter and take possession of land in the Ranger Project Area, carry out exploration, mining, recovery, treatment and processing of prescribed substances and related minerals, and do ancillary works (buildings, roads, water works). Such mining outputs vest in the Commonwealth by operation of the Act (see s41(1)–(3), s41(2AC)–(2AE)).\n  - Provides for assignment, renewal and conditions on those authorities. The Minister must give written consent for assignments and may set conditions, requirements and rehabilitation obligations (see s41B, s41C, s41(2AC)–(2AE)).\n  - Introduces a separate class of \"rehabilitation authority\" that may be conferred to allow protection, rehabilitation, remediation or monitoring work (but not mining‑related operations). Rehabilitation authorities require written notice of proposed terms and written acceptance by applicants, and must be accompanied by a Land Council agreement for the relevant land and period (see s41CA–41CB, s41CE).\n  - Describes how Part III authorities (section 41 or rehabilitation authorities) can be varied, revoked or declared to cease in force by the Minister, including where rehabilitation requirements are satisfied, subject to consultation and Land Council agreements and notice requirements (see s41CK–41CI, s41CR, s41CI). Some variations and revocations are conditional on compliance, consultation and statutory timing rules (see s41CK, s41CL, s41CN, s41CO).\n  - Allows Part III authorities to confer functions or adopt provisions from other instruments (s41CT–41CU), and states they are not legislative instruments (s41CV). It also provides that actions taken strictly in accordance with a historic s41 authority or a rehabilitation authority are exempt from Part 3 of the EPBC Act (environmental approvals under that Part) (see s41CW).\n  - Provides that people who suffer loss or where property is acquired as a result of Commonwealth actions under the Act are entitled to compensation; disputes about compensation can be litigated (see s42–43).\n  - Sets limits on the Act's reach: powers are exercisable only for trade/commerce with other countries or among States/Territories, in relation to a Territory, in relation to the Ranger Project Area, or for other Commonwealth purposes excluding defence (see s34). The Act binds the Crown but does not make the Crown liable to prosecution for offences under this Act (see s6).\n  - Confers penalty provisions: e.g. 20 penalty units for natural persons and 100 for corporations for specified breaches (see s36, s37, s41D, s41E). Many offences are strict liability (see s36(4), s37(6), s41D(3)).\n  - Enables delegation by the Minister and allows regulations to fill in practical details (see s59, s65).\n\n- Who it affects:\n  - Companies and individuals who discover, hold, work on, or plan to work on uranium, thorium, transuranic elements (Z>92) or other materials declared by regulation as capable of being used for atomic energy — they must report discoveries (s36) and answer Ministerial information notices (s37).\n  - Holders of section 41 authorities and applicants for rehabilitation authorities: they gain statutory powers to enter, possess and work on land in the Ranger Project Area (s41, s41CA, s41CC), and also bear statutory obligations including rehabilitation requirements and potential penalties for non‑compliance (s41(2AC)–(2AE), s41CE, s41D).\n  - The Commonwealth government: acquires title to prescribed substances obtained under authority (s41(3), s35) and gains discretion to permit, vary or end activities in the Ranger Project Area (s41B, s41CK, s41CI).\n  - Land Councils and the Northern Territory Mining Minister: the Minister must consult with Land Councils and give copies of relevant authorities/variations/revocations; some conferrals/variations require a Land Council agreement in force for the area and period (s41CA(5), s41CL, s41CI(2)–(3), s41CR(3)).\n  - Environmental regulators: actions taken under the historic s41 authority or a rehabilitation authority that comply with the authorities’ conditions are exempt from Part 3 of the EPBC Act (s41CW).\n\n- Why it matters (operational incentives, costs and trade-offs):\n  - Who pays and who benefits: when prescribed substances are produced under a Part III authority, title vests in the Commonwealth (s41(3), s35). That transfers legal ownership to the Commonwealth while operational rights and obligations are allocated through written authorities. People and companies that hold authorities may obtain commercial benefits from operations but must accept conditions and rehabilitation obligations; the Commonwealth becomes the legal owner of outputs and may bear ultimate costs such as compensation (s42–43) and obligations to ensure rehabilitation requirements are satisfied (s41CE, s41CR).\n  - Decision‑making discretion and checks: the Minister holds broad discretion to grant, assign, vary, revoke or declare authorities (s41, s41B, s41CK, s41CR, s41CI). That discretion is subject to statutory constraints: consultation requirements, timing rules, and the requirement that Land Council agreements be in force for certain actions (s41CA(4)–(6), s41CL, s41CM, s41CN). Those procedural constraints channel Ministerial discretion into specified processes but leave substantive decision-making power with the Minister.\n  - Compliance burden and enforcement: discoverers must report and must respond to Ministerial information requests (s36–37). Failure attracts monetary penalties (s36, s37) and, for some failures, strict liability (s36(4), s37(6), s41D(3)), which raises the compliance burden for businesses and individuals operating in the Ranger Project Area.\n  - Environmental and closure incentives: the Act requires rehabilitation requirements to be imposed and permits authorities or the Minister to specify conditions by which rehabilitation obligations are taken to be satisfied (close‑out conditions) (s41(2AC)–(2AE), s41CE, s41CH, s41CK(4)). The Act also ties conferral, variation or continuation of authorities to the existence of Land Council agreements covering the relevant area and period (s41CA(5), s41CL). Those links allocate responsibility for environmental outcomes via negotiated authority terms and statutory requirements, and they create administrative steps that must be completed before mining or rehabilitation authorities are conferred, varied or ended.\n  - Regulatory overlap and exemptions: actions taken strictly in accordance with an applicable authority are exempt from Part 3 of the EPBC Act (s41CW). That reduces duplicative federal environmental assessment only when activity is carried out under an authority’s conditions. The Act also preserves operation of concurrent State/Territory laws unless regulations provide otherwise (s41CY).\n  - Concentration of benefits and diffuse obligations: the conferral of an authority concentrates operational powers and potential commercial gains in named authority‑holders while the Commonwealth acquires title to recovered prescribed substances (s41(1)–(3)). Rehabilitation obligations, consultation duties and some costs (including compensation where property is acquired) distribute responsibilities across authority‑holders, the Commonwealth, and affected Land Councils (s41CE, s41CR, s42–43, s41CA(5)).\n  - Implementation and legal uncertainty risks: the framework relies on administrative instruments (written authorities, variations, declarations) that are expressly not legislative instruments (s41CV, s41CP(2), s41CR(6), s41CI(6)). That means many substantive arrangements will be set out in instruments that are not subject to parliamentary disallowance and the Act leaves detailed matters to the Minister and to regulations (s59, s65). Where strict liability offences and monetary penalties apply, parties must manage compliance risk carefully (s36(4), s37(6), s41D(3)).\n\n- Key statutory citations (examples): s35 (Commonwealth title), s36 (notification duty), s37 (information notices), s41 (authorities and powers), s41B (assignment), s41CA–41CB (rehabilitation authorities and applications), s41CE (rehabilitation requirement similarity to historic terms), s41CK–41CN (variation process), s41CR (revocation), s41CW (EPBC Part 3 exemption), s42–43 (compensation), s34 (limits on Act’s reach), s6 (Crown not liable to prosecution).\n\nThis is a functional, mechanics‑first summary: it shows how ownership, authorisation, reporting, environmental obligations and Ministerial discretion are allocated by the Act, and it flags where those allocations create incentives, costs, compliance requirements and administrative discretion for the Commonwealth, authority‑holders, Land Councils and other stakeholders."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original (1953) scope was broad — establishing the Australian Atomic Energy Commission, asserting Commonwealth ownership of all nuclear materials across Australia, and providing a comprehensive framework for atomic energy development and research. Over time, most of those functions were transferred to the Australian Nuclear Science and Technology Organisation (ANSTO) under the ANSTO Act 1987. What remains today is a much narrower instrument almost entirely focused on the Ranger Project Area in the Northern Territory — specifically the legal framework for mining authorities and, now primarily, post-mining rehabilitation obligations. The scope has shifted from a national atomic energy governance framework to essentially a site-specific environmental clean-up and land management regime for a single former uranium mine."},"complexity_factors":["Highly specific subject matter combining nuclear/atomic energy law, mining law, environmental law, and Indigenous land rights into a single instrument","Layered authority framework with multiple types of authorities (section 41 mining authorities, rehabilitation authorities) each with distinct rules for conferral, variation, assignment, and revocation","Heavy cross-referencing between this Act and the Aboriginal Land Rights (Northern Territory) Act 1976, including reliance on frozen historical versions of that Act's provisions","Complex transitional and timing rules governing when applications for rehabilitation authorities must be made and when variations to existing authorities can occur","The Act has evolved significantly since 1953 — original atomic energy functions stripped away, leaving a residual but complex framework almost entirely focused on one mine site (Ranger)","Dual compensation regime (section 42 and section 43) requiring understanding of constitutional property acquisition law (s51(xxxi) of the Constitution)","Incorporation of external documents by reference (e.g., Appendix A to the Schedule of the historic section 41 authority, the 1979 Ranger Project Government Agreement)","Content appears duplicated in the source document, suggesting a formatting issue that adds confusion when reading the legislative text","Strict liability offences with evidential burden provisions require understanding of Criminal Code Chapter 2 principles","The 'close-out' framework for progressively winding down authorities is procedurally detailed and involves multiple actors (Minister, Land Council, operator, EPBC Minister, NT Mining Minister)"],"plain_english_summary":"## Atomic Energy Act 1953 — What It Does and Who It Affects\n\n### The Big Picture\nThis is a Commonwealth law originally designed to give the Australian government control over radioactive and nuclear materials — particularly uranium. While its broader atomic energy functions have largely been taken over by other laws and agencies, what remains active today is primarily focused on **one specific place: the Ranger uranium mine site** in the Northern Territory, and the legal framework for **cleaning it up after mining has finished**.\n\n---\n\n### Who Owns Uranium and Other Nuclear Materials?\nIn Australian Territories (like the Northern Territory), **uranium, thorium, and related radioactive substances belong to the Commonwealth (federal government)** — not to whoever owns the land above them. This has been the case since 1946. If you discover one of these substances anywhere in Australia, you are **legally required to report it to the Minister within one month**, or you could face a fine.\n\n---\n\n### The Ranger Project — The Core of What This Law Does Today\nThe **Ranger Uranium Mine** operated for decades in the Northern Territory on land that is also Aboriginal land. The Act:\n\n- **Authorised** Energy Resources of Australia Limited (ERA) to mine uranium there on behalf of the Commonwealth\n- **Now focuses on** the legal obligations for **rehabilitating (cleaning up and restoring) the Ranger Project Area** after mining stopped\n- **Requires** whoever holds a \"rehabilitation authority\" (the legal permission to carry out clean-up work) to actually carry out environmental protection, remediation, and monitoring of the land\n- **Prohibits** any further mining-related operations under a rehabilitation authority — it's clean-up only from here\n\n---\n\n### The Aboriginal Land Rights Connection\nBecause the Ranger site is on or near Aboriginal land, the Act requires the Commonwealth to have **agreements with the relevant Land Council** (the body representing Traditional Owners) before any authority — whether to mine or to rehabilitate — can be granted or varied. This is a key safeguard for Indigenous communities in the area.\n\n---\n\n### How Does the Clean-Up Work Legally?\n- The Minister grants a \"**rehabilitation authority**\" to an operator (currently ERA)\n- That authority comes with strict **conditions, restrictions and requirements** — including environmental ones linked to the original Appendix A environmental conditions from the original mining permit\n- The operator must **agree to the terms** before the authority is granted — they can't be imposed without consent\n- When clean-up obligations for an area are fully met, the Minister can **declare that part of the authority is finished**, progressively closing out responsibilities\n- Eventually, if all obligations are met across all areas, the authority **terminates entirely**\n\n---\n\n### Penalties\nFailing to report a discovery of uranium or related materials, or failing to comply with a Minister's information request, can result in fines:\n- **Individuals**: up to 20 penalty units (currently ~$6,600)\n- **Companies**: up to 100 penalty units (currently ~$33,000)\n\nBreaching the conditions of a mining or rehabilitation authority carries the same penalties.\n\n---\n\n### Compensation Rights\nIf the government acquires your minerals or causes you loss through its actions under this Act, **you are entitled to compensation**. If you can't agree on an amount with the Commonwealth, you can take them to court.\n\n---\n\n### Bottom Line\nFor most Australians, this law is invisible. It mainly matters to:\n- **ERA (the miner)** — who must carry out and fund the Ranger clean-up\n- **Traditional Owners and the Northern Land Council** — who have consultation and agreement rights over what happens on the land\n- **Anyone who discovers uranium or related minerals** — who must report it\n- **Environmental regulators** — who are kept informed of all authority changes"}},"importantCases":[],"_links":{"self":"/api/acts/atomic-energy-act-1953","history":"/api/acts/atomic-energy-act-1953/history","analysis":"/api/acts/atomic-energy-act-1953/analysis","conflicts":"/api/acts/atomic-energy-act-1953/conflicts","importantCases":"/api/acts/atomic-energy-act-1953/important-cases","documents":"/api/acts/atomic-energy-act-1953/documents"}}