{"id":"C2004A01827","name":"Environment Protection (Alligator Rivers Region) Act 1978","slug":"environment-protection-alligator-rivers-region-act-1978","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"28 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6704,"registerId":"commonwealth-C2004A01827-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"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 Environment Protection (Alligator Rivers Region) Act 1978.","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":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Administrator of the Northern Territory means the Administrator of the Northern Territory acting with the advice of the Executive Council of the Northern Territory.\n\n> Advisory Committee means the Advisory Committee established under section 16.\n\n> Alligator Rivers Region or Region means:\n\n    (a) the area shown on the map set out in the Schedule, being a copy of the map appearing on page 14 of the Ranger Inquiry report, that is described as the “Area generally referred to in the report as the Region”;\n    (aa) so much of the area described as Gimbat on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ab) so much of the area described as Goodparla on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ac) the area bounded on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (ad) the area bounded on the east by the meridian of longitude 133 east, on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (b) the territorial sea adjacent to the area referred to in paragraph (a); and\n    (c) the sea (if any) on the landward side of the territorial sea referred to in paragraph (b).\n\n> appointed member means a member of the Advisory Committee other than the Supervising Scientist or the Director of National Parks.\n\n> appropriate Aboriginal Land Council means such Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 as the Minister declares by instrument under his or her hand to be the Aboriginal Land Council responsible for the Alligator Rivers Region for the purposes of this Act.\n\n> Chairperson means the Chairperson of the Advisory Committee, or the Chairperson of the Technical Committee, as the context requires.\n\n> Committee means the Advisory Committee or the Technical Committee, as the context requires.\n\n> conservation zone means an area that was a conservation zone declared under section 8A of the National Parks and Wildlife Conservation Act 1975.\n\n> Director of Conservation of the Northern Territory means the person holding office as Director of Conservation under the Conservation Commission Act 1980 of the Northern Territory or, if a person is acting as the Director, the person so acting.\n\n> Director of National Parks means the person holding the appointment as the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999.\n\n> ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.\n\n> environment includes:\n\n    (a) ecosystems and their constituent parts, including people and communities; and\n    (b) natural and physical resources; and\n    (c) the qualities and characteristics of locations, places and areas; and\n    (d) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).\n\n> general mining operations means mining operations other than uranium mining operations.\n\n> Institute means the Alligator Rivers Region Research Institute.\n\n> member means a member of the Advisory Committee, or a member of the Technical Committee, as the context requires.\n\n> mineral means a naturally occurring substance or mixture of substances.\n\n> mining operations means any operations or activities for or in connection with, or incidental to, the mining (whether by underground or surface working) or recovery of minerals or the production of material from minerals and, in particular, without limiting the generality of the foregoing, includes:\n\n    (a) exploring and prospecting for minerals;\n    (b) milling, refining, treating and processing minerals; and\n    (c) handling, transporting, storing and disposing of minerals and material produced from minerals;\n  but does not include the construction or use of:\n    (d) towns or camps, or structures connected with the construction or use of towns or camps; or\n    (e) facilities for, or connected with, the supply of water, electricity or gas to towns or camps or to structures connected with the construction or use of towns or camps.\n\n> prescribed instrument means any of the following, whether in force at the commencement of this Act or coming into force after that commencement:\n\n    (a) a law of the Commonwealth or of the Northern Territory; or\n    (b) an instrument made, granted or issued under or for the purposes of any such law, including:\n    (i) a permit, licence or lease under any such law; and\n    (ii) an authority under section 41 of the Atomic Energy Act 1953; and\n    (iii) an agreement under Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Ranger Inquiry report means the report known as the Ranger Uranium Environmental Inquiry Second Report that was presented to the Minister for Environment, Housing and Community Development and the Minister for Aboriginal Affairs on 17 May 1977.\n\n> requirement means an obligation, condition, restriction or prohibition.\n\n> sea includes any waters within the ebb and flow of the tide.\n\n> Supervising Scientist means the Supervising Scientist for the Alligator Rivers Region.\n\n> Technical Committee means the Technical Committee established under section 22A.\n\n> uranium mining operations has the meaning it would have if in the definition of mining operations the references to minerals were references to uranium‑bearing ore.\n\n  (2) A reference in this Act to the environment in a conservation zone includes a reference to the environment in so much of the Alligator Rivers Region as is adjacent to the zone.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"The Supervising Scientist","content":"## Part II—The Supervising Scientist","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Supervising Scientist","content":"#### 4 Supervising Scientist\n\n  There shall be a Supervising Scientist for the Alligator Rivers Region.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Functions of Supervising Scientist in relation to uranium mining in the Region","content":"#### 5 Functions of Supervising Scientist in relation to uranium mining in the Region\n\n  The Supervising Scientist has the following functions in relation to uranium mining operations in the Region:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region; and\n    (ii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region;\n    (d) to co‑ordinate, and supervise, the implementation, in relation to uranium mining operations in the Region, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the Region;\n    (e) to advise the Minister with respect to:\n    (i) the effects on the environment in the Region of uranium mining operations in the Region;\n    (ii) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region;\n    (iii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region; and\n    (iv) requirements of or having effect under prescribed instruments in relation to uranium mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region and the implementation of those requirements;\n    (f) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.","sortOrder":7},{"sectionNumber":"5A","sectionType":"section","heading":"Functions of Supervising Scientist in relation to general mining in a conservation zone","content":"#### 5A Functions of Supervising Scientist in relation to general mining in a conservation zone\n\n  (1) The Supervising Scientist has the following functions in relation to general mining operations in a conservation zone:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the zone of general mining operations in the zone;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone; and\n    (ii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone;\n    (d) to consider, and review, the implementation, in relation to general mining operations in the zone, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the zone;\n    (e) to advise the Minister, or a person designated by the Minister in writing, with respect to:\n    (i) the effects on the environment of general mining operations in the zone;\n    (ii) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone;\n    (iii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone; and\n    (iv) requirements of or having effect under prescribed instruments in relation to general mining operations in the zone in so far as those requirements relate to any matter affecting the environment in the zone and the implementation of those requirements;\n    (f) to perform such other functions, in relation to general mining operations in the zone, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Supervising Scientist does not have the functions described in subsection (1) in relation to general mining operations in an area specified by the Minister in a direction under section 7 as an area in relation to which the Supervising Scientist does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.","sortOrder":8},{"sectionNumber":"5B","sectionType":"section","heading":"Function of the Supervising Scientist in relation to environmental matters outside the Region","content":"#### 5B Function of the Supervising Scientist in relation to environmental matters outside the Region\n\n  (1) The Supervising Scientist has the function of giving to the Minister, on the Minister’s request, scientific and technical advice on environmental matters outside the Region.\n  (2) The Supervising Scientist may perform that function to the extent only that it is not in excess of the functions that may be conferred on him or her by virtue of any of the legislative powers of the Parliament, and, in particular, may perform that function:\n    (a) in so far as it is appropriate for the function to be performed by the Supervising Scientist on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Supervising Scientist to perform functions; or\n    (c) by way of expenditure of money that is available for the purposes of the Supervising Scientist in accordance with an appropriation made by the Parliament; or\n    (d) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (e) for purposes related to external affairs; or\n    (f) for purposes in or in relation to a Territory.","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Powers of Supervising Scientist","content":"#### 6 Powers of Supervising Scientist\n\n  The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the performance of his or her functions.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Directions of Minister etc.","content":"#### 7 Directions of Minister etc.\n\n  The Supervising Scientist shall comply with directions given to him or her from time to time by the Minister in relation to the performance of his or her functions or the exercise of his or her powers and shall furnish to the Minister such information in relation to the operation of this Act as the Minister requires.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Appointment","content":"#### 8 Appointment\n\n  The Supervising Scientist is to be engaged under the Public Service Act 1999.","sortOrder":12},{"sectionNumber":"Part III","sectionType":"part","heading":"Committees","content":"An Act to provide for the appointment of a Supervising Scientist for the purpose of protecting the environment in the Alligator Rivers Region of the Northern Territory from the effects of mining operations, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Environment Protection (Alligator Rivers Region) Act 1978.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Administrator of the Northern Territory means the Administrator of the Northern Territory acting with the advice of the Executive Council of the Northern Territory.\n\n> Advisory Committee means the Advisory Committee established under section 16.\n\n> Alligator Rivers Region or Region means:\n\n    (a) the area shown on the map set out in the Schedule, being a copy of the map appearing on page 14 of the Ranger Inquiry report, that is described as the “Area generally referred to in the report as the Region”;\n    (aa) so much of the area described as Gimbat on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ab) so much of the area described as Goodparla on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ac) the area bounded on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (ad) the area bounded on the east by the meridian of longitude 133 east, on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (b) the territorial sea adjacent to the area referred to in paragraph (a); and\n    (c) the sea (if any) on the landward side of the territorial sea referred to in paragraph (b).\n\n> appointed member means a member of the Advisory Committee other than the Supervising Scientist or the Director of National Parks.\n\n> appropriate Aboriginal Land Council means such Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 as the Minister declares by instrument under his or her hand to be the Aboriginal Land Council responsible for the Alligator Rivers Region for the purposes of this Act.\n\n> Chairperson means the Chairperson of the Advisory Committee, or the Chairperson of the Technical Committee, as the context requires.\n\n> Committee means the Advisory Committee or the Technical Committee, as the context requires.\n\n> conservation zone means an area that was a conservation zone declared under section 8A of the National Parks and Wildlife Conservation Act 1975.\n\n> Director of Conservation of the Northern Territory means the person holding office as Director of Conservation under the Conservation Commission Act 1980 of the Northern Territory or, if a person is acting as the Director, the person so acting.\n\n> Director of National Parks means the person holding the appointment as the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999.\n\n> ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.\n\n> environment includes:\n\n    (a) ecosystems and their constituent parts, including people and communities; and\n    (b) natural and physical resources; and\n    (c) the qualities and characteristics of locations, places and areas; and\n    (d) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).\n\n> general mining operations means mining operations other than uranium mining operations.\n\n> Institute means the Alligator Rivers Region Research Institute.\n\n> member means a member of the Advisory Committee, or a member of the Technical Committee, as the context requires.\n\n> mineral means a naturally occurring substance or mixture of substances.\n\n> mining operations means any operations or activities for or in connection with, or incidental to, the mining (whether by underground or surface working) or recovery of minerals or the production of material from minerals and, in particular, without limiting the generality of the foregoing, includes:\n\n    (a) exploring and prospecting for minerals;\n    (b) milling, refining, treating and processing minerals; and\n    (c) handling, transporting, storing and disposing of minerals and material produced from minerals;\n  but does not include the construction or use of:\n    (d) towns or camps, or structures connected with the construction or use of towns or camps; or\n    (e) facilities for, or connected with, the supply of water, electricity or gas to towns or camps or to structures connected with the construction or use of towns or camps.\n\n> prescribed instrument means any of the following, whether in force at the commencement of this Act or coming into force after that commencement:\n\n    (a) a law of the Commonwealth or of the Northern Territory; or\n    (b) an instrument made, granted or issued under or for the purposes of any such law, including:\n    (i) a permit, licence or lease under any such law; and\n    (ii) an authority under section 41 of the Atomic Energy Act 1953; and\n    (iii) an agreement under Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Ranger Inquiry report means the report known as the Ranger Uranium Environmental Inquiry Second Report that was presented to the Minister for Environment, Housing and Community Development and the Minister for Aboriginal Affairs on 17 May 1977.\n\n> requirement means an obligation, condition, restriction or prohibition.\n\n> sea includes any waters within the ebb and flow of the tide.\n\n> Supervising Scientist means the Supervising Scientist for the Alligator Rivers Region.\n\n> Technical Committee means the Technical Committee established under section 22A.\n\n> uranium mining operations has the meaning it would have if in the definition of mining operations the references to minerals were references to uranium‑bearing ore.\n\n  (2) A reference in this Act to the environment in a conservation zone includes a reference to the environment in so much of the Alligator Rivers Region as is adjacent to the zone.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—The Supervising Scientist\n\n#### 4 Supervising Scientist\n\n  There shall be a Supervising Scientist for the Alligator Rivers Region.\n\n#### 5 Functions of Supervising Scientist in relation to uranium mining in the Region\n\n  The Supervising Scientist has the following functions in relation to uranium mining operations in the Region:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region; and\n    (ii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region;\n    (d) to co‑ordinate, and supervise, the implementation, in relation to uranium mining operations in the Region, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the Region;\n    (e) to advise the Minister with respect to:\n    (i) the effects on the environment in the Region of uranium mining operations in the Region;\n    (ii) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region;\n    (iii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region; and\n    (iv) requirements of or having effect under prescribed instruments in relation to uranium mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region and the implementation of those requirements;\n    (f) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.\n\n#### 5A Functions of Supervising Scientist in relation to general mining in a conservation zone\n\n  (1) The Supervising Scientist has the following functions in relation to general mining operations in a conservation zone:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the zone of general mining operations in the zone;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone; and\n    (ii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone;\n    (d) to consider, and review, the implementation, in relation to general mining operations in the zone, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the zone;\n    (e) to advise the Minister, or a person designated by the Minister in writing, with respect to:\n    (i) the effects on the environment of general mining operations in the zone;\n    (ii) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone;\n    (iii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone; and\n    (iv) requirements of or having effect under prescribed instruments in relation to general mining operations in the zone in so far as those requirements relate to any matter affecting the environment in the zone and the implementation of those requirements;\n    (f) to perform such other functions, in relation to general mining operations in the zone, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Supervising Scientist does not have the functions described in subsection (1) in relation to general mining operations in an area specified by the Minister in a direction under section 7 as an area in relation to which the Supervising Scientist does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.\n\n#### 5B Function of the Supervising Scientist in relation to environmental matters outside the Region\n\n  (1) The Supervising Scientist has the function of giving to the Minister, on the Minister’s request, scientific and technical advice on environmental matters outside the Region.\n  (2) The Supervising Scientist may perform that function to the extent only that it is not in excess of the functions that may be conferred on him or her by virtue of any of the legislative powers of the Parliament, and, in particular, may perform that function:\n    (a) in so far as it is appropriate for the function to be performed by the Supervising Scientist on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Supervising Scientist to perform functions; or\n    (c) by way of expenditure of money that is available for the purposes of the Supervising Scientist in accordance with an appropriation made by the Parliament; or\n    (d) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (e) for purposes related to external affairs; or\n    (f) for purposes in or in relation to a Territory.\n\n#### 6 Powers of Supervising Scientist\n\n  The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the performance of his or her functions.\n\n#### 7 Directions of Minister etc.\n\n  The Supervising Scientist shall comply with directions given to him or her from time to time by the Minister in relation to the performance of his or her functions or the exercise of his or her powers and shall furnish to the Minister such information in relation to the operation of this Act as the Minister requires.\n\n#### 8 Appointment\n\n  The Supervising Scientist is to be engaged under the Public Service Act 1999.\n\n## Part III—Committees\n\n### Division 1—Advisory Committee\n\n#### 16 Advisory Committee\n\n  There is to be an Advisory Committee.\n\n#### 17 Functions of the Advisory Committee\n\n  The functions of the Advisory Committee are:\n    (a) to provide a formal forum for consultation with persons and bodies on:\n    (i) matters relating to the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (ii) matters relating to environmental research conducted in the Region that are referred to it by the Technical Committee; and\n    (b) such other functions as are conferred on it by this Act.\n\n#### 18 Membership of the Advisory Committee\n\n  (1) The Advisory Committee consists of the following members:\n    (aa) a Chairperson appointed by the Minister;\n    (a) the Supervising Scientist;\n    (b) the Director of National Parks;\n    (c) 1 member appointed by the Minister on the nomination of the Administrator of the Northern Territory;\n    (d) one member appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (da) one member nominated by an environmental organisation which has been nominated by the Minister; and\n    (e) such other members as are from time to time appointed by the Minister.\n  (1A) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.\n  (2) The Minister shall cause to be prepared and kept a list setting out the name of each Department, authority, incorporated company or other body that in his or her opinion has an interest in uranium mining operations in the Alligator Rivers Region and:\n    (a) the Minister shall request each Department, authority, incorporated company or other body the name of which is included in the list to nominate, in writing, not more than 2 persons for appointment to the Committee; and\n    (b) if a person is, or persons are, nominated in accordance with such a request—the Minister shall appoint that person, or at least one of those persons, as a member of the Committee in accordance with paragraph (1)(e).\n  (3) The appointed members of the Committee shall hold office on a part‑time basis.\n  (4) Subject to subsection (5), an appointed member holds office during the pleasure of the Minister.\n  (5) Where a person is appointed as an appointed member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1); or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or the Department, authority, incorporated company or other body, as the case may be, requests, in writing, the termination of the appointment.\n  (6) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (7) The appointment of an appointed member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connexion with, the appointment.\n\n#### 19 Resignation\n\n  An appointed member of the Committee may resign his or her office by writing signed and delivered to the Minister.\n\n#### 20 Termination of appointment\n\n  (1) If an appointed member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister shall terminate the appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee, otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) shall be recorded in the minutes of the meeting.\n\n#### 21 Deputies\n\n  (1) The Minister may appoint a person to be the deputy of an appointed member of the Committee.\n  (2) If an appointed member of the Committee was appointed on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body and the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or that Department, authority, incorporated company or other body nominates, in writing, a person for appointment as the deputy of that member, the Minister shall appoint that person as the deputy of that member in accordance with subsection (1).\n  (3) If the Director of National Parks nominates a person for appointment as his or her deputy, the Minister shall appoint that person as the deputy of the Director.\n  (4) The deputy of a member is entitled to attend a meeting of the Committee not attended by the member of whom he or she is the deputy, and, while so attending, shall be deemed to be the member.\n  (5) The Minister may:\n    (a) determine the terms and conditions of appointment of a person appointed as the deputy of a member; and\n    (b) subject to subsection (6), at any time terminate such an appointment.\n  (6) Where a person is appointed as the deputy of a member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, on the nomination of a Department, authority, incorporated company or other body, or on the nomination of the Director of National Parks, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1) as it applies by reason of subsection (8) of this section; or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, the Department, authority, incorporated company or other body, or the Director, as the case may be, requests, in writing, the termination of the appointment.\n  (7) The deputy of a member may resign his or her appointment by writing signed and delivered to the Minister.\n  (8) The provisions of section 20 apply to and in relation to a deputy of a member in like manner as they apply to and in relation to the member.\n\n#### 22 Meetings of the Advisory Committee\n\n  (1) The Advisory Committee shall hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee shall be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), shall be as determined by the Minister by instrument in writing.\n  (5) The Chairperson shall preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present shall elect one of their number to preside at the meeting.\n  (7) Where the Minister is of the opinion that it would not, by reason of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee shall cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.\n\n### Division 2—Technical Committee\n\n#### 22A Technical Committee\n\n  There is to be a Technical Committee.\n\n#### 22B Functions of the Technical Committee\n\n  (1) The functions of the Technical Committee are:\n    (a) to consider programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (b) to keep under review programs and the carrying out of programs, referred to in paragraph (a); and\n    (c) to make recommendations to the Minister on:\n    (i) the nature and extent of research necessary to protect and restore the environment in the Alligator Rivers Region; and\n    (ii) the most appropriate organisations to undertake the research referred to in subparagraph (i); and\n    (d) to refer to the Advisory Committee matters relating to programs, and the carrying out of programs, referred to in paragraph (a).\n  (2) The Technical Committee must, within 15 days of making a recommendation to the Minister under paragraph (1)(c), give to the Advisory Committee a copy of the recommendation.\n  (3) The Advisory Committee may give to the Minister written comments on any such recommendations.\n\n#### 22C Membership of the Technical Committee\n\n  (1) The Technical Committee is to consist of:\n    (a) a Chairperson appointed by the Minister; and\n    (b) one member, with scientific or technical qualifications, appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (c) such other members as are from time to time appointed by the Minister.\n  (2) The Chairperson must have scientific or technical qualifications.\n  (3) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (4) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.\n\n#### 22D Resignation\n\n  A member of the Committee may resign his or her office by writing signed and delivered to the Minister.\n\n#### 22E Termination of appointment\n\n  (1) If a member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister must terminate his or her appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered by the Committee otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) must be recorded in the minutes of the meeting.\n\n#### 22F Meetings of the Technical Committee\n\n  (1) The Technical Committee must hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee must be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), are as determined by the Minister by instrument in writing.\n  (5) The Chairperson is to preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present must elect one of their number to preside at the meeting.\n  (7) If the Minister is of the opinion that it would not, because of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee must cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.\n\n## Part IV—The Institute\n\n#### 23 Institute\n\n  There is established by this section an Alligator Rivers Region Research Institute.\n\n#### 24 Functions of Institute in relation to uranium mining in the Region\n\n  The Institute has the following functions in relation to uranium mining operations in the Region:\n    (a) to undertake, promote and assist in research into the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the Region of uranium mining operations in the Region;\n    (c) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.\n\n#### 24A Functions of Institute in relation to general mining in a conservation zone\n\n  (1) The Institute has the following functions in relation to general mining operations in a conservation zone:\n    (a) to undertake, promote and assist in research into the effects on the environment in the zone of general mining operations in the zone;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the zone of general mining operations in the zone;\n    (c) to perform such other functions, in relation to general mining operations in the zone, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Institute does not have the functions described in subsection (1) in relation to general mining operations in an area specified in a direction given by the Minister as an area in relation to which the Institute does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.\n\n#### 24B Institute may undertake other environmental research\n\n  (1) The Institute may undertake, on a commercial basis, research on environmental matters for other persons.\n  (2) The Institute may undertake the research to the extent only that it is not in excess of the powers that may be conferred on the Institute by virtue of any of the legislative powers of the Parliament, and, in particular, may undertake the research:\n    (a) in so far as it is appropriate for the research to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to undertake the research; or\n    (c) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (d) for purposes related to external affairs; or\n    (e) for purposes in or in relation to a Territory.\n\n#### 25 Institute to be managed by Supervising Scientist\n\n  (1) The Institute shall be managed by the Supervising Scientist.\n  (2) The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the management of the Institute.\n\n## Part V—Miscellaneous\n\n#### 26 Staff\n\n  (1) The staff required for carrying out or giving effect to this Act shall be persons engaged under the Public Service Act 1999.\n\n#### 27 Power of Supervising Scientist to obtain information and documents\n\n  (1) The Supervising Scientist may, by notice in writing served either personally or by post on a person, require the person:\n    (a) to furnish to him or her, by writing signed by that person, or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person as is specified in the notice; or\n    (b) to furnish to him or her, within the time and in the manner specified in the notice, such documents in the possession of the person as are specified in the notice;\n  being information that is or documents that are required for the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).\n\n#### 28 Application to Supreme Court for order with respect to information or documents\n\n  (1) Where a person who has been served with a notice under section 27 has refused or failed to comply, or to comply fully, with the notice, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against that person.\n  (2) The person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that all or any of the information or documents that was or were required by the notice to be furnished and has or have not been furnished:\n    (a) is or are in the possession of, or available to, the person against whom the order is sought; and\n    (b) is or are information or documents of a kind referred to in subsection 27(1);\n  the Court may make an order requiring the person against whom the order is sought to furnish to the Supervising Scientist, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied.\n  (4) The Court shall not, under this section, require a person to furnish information or a document if the Court is satisfied that compliance with a requirement to furnish that information or document might tend to incriminate that person.\n\n#### 29 Supervising Scientist to have access to buildings and places in Region\n\n  (1) The Supervising Scientist is entitled, with the consent of the occupier, to full and free access to all buildings and places in the Alligator Rivers Region for the purpose of the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).\n  (2) Subsection (1) has effect in relation to any building or place on land that is Aboriginal land for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 notwithstanding subsection 70(1) of that Act.\n\n#### 30 Application to Supreme Court for order with respect to access\n\n  (1) Where the occupier of a building or place has refused, or is unwilling, to consent to the entry of the Supervising Scientist into that building or place under section 29, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against the occupier.\n  (2) A person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that access by the Supervising Scientist to the building or place to which the proceedings relate is necessary for a purpose referred to in section 29, the Court may make an order requiring the person against whom the order is sought to give his or her consent, within a time specified in the order, to the entry of the Supervising Scientist into that building or place for that purpose.\n\n#### 31 Secrecy\n\n  (1) Subsection (2) applies to every person who is or has been the Supervising Scientist or a member of the staff assisting the Supervising Scientist.\n  (2) Subject to subsection (3), a person to whom this subsection applies shall not, either directly or indirectly, make a record of, or divulge or communicate to any person, any information concerning the affairs of any other person acquired by him or her by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (2A) Subsection (2) does not apply to acts done in the performance of a function or duty under or in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2A). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (2) does not prevent the communication of information or the production of a document by the Supervising Scientist or a member of the staff assisting the Supervising Scientist authorized by him or her for that purpose:\n    (a) to the Minister, to the Secretary of the Department that deals with matters arising under this Act or to an officer of, or an employee in, that Department approved by the Secretary of that Department; or\n    (b) to a person to whom, in the opinion of the Minister, it is in the public interest that the information be communicated or the document produced.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) Neither the Secretary of the Department that deals with matters arising under this Act nor an officer of, nor an employee in, that Department approved by him or her for the purposes of subsection (3) shall, either directly or indirectly, make a record of, or divulge or communicate to any person, any information communicated to him or her by the Supervising Scientist or by a member of the staff assisting the Supervising Scientist, being information concerning the affairs of another person acquired by the Supervising Scientist or by a member of that staff by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (4A) Subsection (4) does not apply to acts done for the purpose of advising the Minister in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (4A). See subsection 13.3(3) of the Criminal Code.\n\n  (5) Nothing in this section shall be taken to affect the operation of section 9 of the Ombudsman Act 1976 or the operation of any similar provision in a law of the Northern Territory that confers functions on a person similar to functions conferred on the Ombudsman by that Act.\n  (6) A reference in this section to a member of the staff assisting the Supervising Scientist is a reference to a member of the staff referred to in subsection 26(1), a person engaged under subsection 26(4) (as in force immediately before the commencement of the Environment Protection (Alligator Rivers Region) Amendment Act 1993) or any other person to whom a delegation has been given under subsection 35(1).\n\n#### 33 Supervising Scientist to consult with Director of National Parks and Director of Territory Parks and Wildlife\n\n  The Supervising Scientist shall:\n    (a) consult with, and have regard to the views of, the Director of National Parks in relation to any matter arising in the course of the performance of his or her functions that concerns the functions, powers or duties of the Director; and\n    (b) consult with, and have regard to the views of, the Director of Conservation of the Northern Territory in relation to any matter arising in the course of the performance of his or her functions that concern the functions, powers or duties of the Director or the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.\n\n#### 34 Supervising Scientist must comply with management plan etc.\n\n  The Supervising Scientist must perform his or her functions and exercise his or her powers in relation to a Commonwealth reserve or township wholly or partly in the Alligator Rivers Region only in accordance with:\n    (a) a management plan in operation for the reserve under Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999; and\n    (b) a town plan in operation for the township under that Division.\n\n#### 35 Delegation\n\n  (1) The Supervising Scientist may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Supervising Scientist.\n  (3) A delegation under this section does not prevent the exercise of a power by the Supervising Scientist.\n\n#### 36 Reports\n\n  (1) The Supervising Scientist shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operation of this Act, being a report that refers in particular to the operation of this Act during the year that ended on that date.\n  (2) A report under subsection (1):\n    (a) shall set out all directions given under section 7 by the Minister to the Supervising Scientist during the year to which the report relates;\n    (b) shall include information concerning:\n    (i) the collection and assessment during that year of information relating to the effects on the environment in the Alligator Rivers Region of mining operations in the Region;\n    (ii) standards, practices and procedures in relation to mining operations in the Region adopted during that year, and changes made during that year to such standards, practices and procedures previously adopted, and the effect on the environment in the Region of those standards, practices and procedures and those changes;\n    (iii) measures taken during that year for the protection and restoration of the environment in the Region from the effects of mining operations in the Region;\n    (iv) requirements of and having effect under prescribed instruments enacted, made, adopted or issued during that year in relation to mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region; and\n    (v) the implementation during that year of requirements referred to in subparagraph (iv); and\n    (c) shall include a statement setting out the cost of his or her operations during the year to which the report relates.\n  (3) The Supervising Scientist shall furnish to the Minister such additional reports as the Minister from time to time requires and may from time to time furnish such other reports as the Supervising Scientist thinks fit.\n  (4) A report under subsection (3) may set out such directions given by the Minister under section 7 to the Supervising Scientist as the Supervising Scientist considers to be relevant to the report.\n  (5) Subject to subsection (5A), the Minister shall:\n    (a) cause a copy of any report furnished to him or her under subsection (1) or (3) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her; and\n    (b) cause a copy of every such report furnished to him or her on or after 1 July 1978 to be furnished to the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to parks and reserves in the Territory as soon as practicable after the report is laid before a House of the Parliament.\n  (5A) Subsection (5) does not apply to a report furnished to the Minister in connection with the performance by the Supervising Scientist of the function under section 5B.\n  (6) For the purposes of this section, the period commencing on the day on which this Act receives the Royal Assent and ending on 30 June 1978 shall be regarded as a year.\n\n#### 37 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Advisory Committee","content":"An Act to provide for the appointment of a Supervising Scientist for the purpose of protecting the environment in the Alligator Rivers Region of the Northern Territory from the effects of mining operations, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Environment Protection (Alligator Rivers Region) Act 1978.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Administrator of the Northern Territory means the Administrator of the Northern Territory acting with the advice of the Executive Council of the Northern Territory.\n\n> Advisory Committee means the Advisory Committee established under section 16.\n\n> Alligator Rivers Region or Region means:\n\n    (a) the area shown on the map set out in the Schedule, being a copy of the map appearing on page 14 of the Ranger Inquiry report, that is described as the “Area generally referred to in the report as the Region”;\n    (aa) so much of the area described as Gimbat on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ab) so much of the area described as Goodparla on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ac) the area bounded on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (ad) the area bounded on the east by the meridian of longitude 133 east, on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (b) the territorial sea adjacent to the area referred to in paragraph (a); and\n    (c) the sea (if any) on the landward side of the territorial sea referred to in paragraph (b).\n\n> appointed member means a member of the Advisory Committee other than the Supervising Scientist or the Director of National Parks.\n\n> appropriate Aboriginal Land Council means such Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 as the Minister declares by instrument under his or her hand to be the Aboriginal Land Council responsible for the Alligator Rivers Region for the purposes of this Act.\n\n> Chairperson means the Chairperson of the Advisory Committee, or the Chairperson of the Technical Committee, as the context requires.\n\n> Committee means the Advisory Committee or the Technical Committee, as the context requires.\n\n> conservation zone means an area that was a conservation zone declared under section 8A of the National Parks and Wildlife Conservation Act 1975.\n\n> Director of Conservation of the Northern Territory means the person holding office as Director of Conservation under the Conservation Commission Act 1980 of the Northern Territory or, if a person is acting as the Director, the person so acting.\n\n> Director of National Parks means the person holding the appointment as the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999.\n\n> ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.\n\n> environment includes:\n\n    (a) ecosystems and their constituent parts, including people and communities; and\n    (b) natural and physical resources; and\n    (c) the qualities and characteristics of locations, places and areas; and\n    (d) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).\n\n> general mining operations means mining operations other than uranium mining operations.\n\n> Institute means the Alligator Rivers Region Research Institute.\n\n> member means a member of the Advisory Committee, or a member of the Technical Committee, as the context requires.\n\n> mineral means a naturally occurring substance or mixture of substances.\n\n> mining operations means any operations or activities for or in connection with, or incidental to, the mining (whether by underground or surface working) or recovery of minerals or the production of material from minerals and, in particular, without limiting the generality of the foregoing, includes:\n\n    (a) exploring and prospecting for minerals;\n    (b) milling, refining, treating and processing minerals; and\n    (c) handling, transporting, storing and disposing of minerals and material produced from minerals;\n  but does not include the construction or use of:\n    (d) towns or camps, or structures connected with the construction or use of towns or camps; or\n    (e) facilities for, or connected with, the supply of water, electricity or gas to towns or camps or to structures connected with the construction or use of towns or camps.\n\n> prescribed instrument means any of the following, whether in force at the commencement of this Act or coming into force after that commencement:\n\n    (a) a law of the Commonwealth or of the Northern Territory; or\n    (b) an instrument made, granted or issued under or for the purposes of any such law, including:\n    (i) a permit, licence or lease under any such law; and\n    (ii) an authority under section 41 of the Atomic Energy Act 1953; and\n    (iii) an agreement under Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Ranger Inquiry report means the report known as the Ranger Uranium Environmental Inquiry Second Report that was presented to the Minister for Environment, Housing and Community Development and the Minister for Aboriginal Affairs on 17 May 1977.\n\n> requirement means an obligation, condition, restriction or prohibition.\n\n> sea includes any waters within the ebb and flow of the tide.\n\n> Supervising Scientist means the Supervising Scientist for the Alligator Rivers Region.\n\n> Technical Committee means the Technical Committee established under section 22A.\n\n> uranium mining operations has the meaning it would have if in the definition of mining operations the references to minerals were references to uranium‑bearing ore.\n\n  (2) A reference in this Act to the environment in a conservation zone includes a reference to the environment in so much of the Alligator Rivers Region as is adjacent to the zone.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—The Supervising Scientist\n\n#### 4 Supervising Scientist\n\n  There shall be a Supervising Scientist for the Alligator Rivers Region.\n\n#### 5 Functions of Supervising Scientist in relation to uranium mining in the Region\n\n  The Supervising Scientist has the following functions in relation to uranium mining operations in the Region:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region; and\n    (ii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region;\n    (d) to co‑ordinate, and supervise, the implementation, in relation to uranium mining operations in the Region, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the Region;\n    (e) to advise the Minister with respect to:\n    (i) the effects on the environment in the Region of uranium mining operations in the Region;\n    (ii) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region;\n    (iii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region; and\n    (iv) requirements of or having effect under prescribed instruments in relation to uranium mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region and the implementation of those requirements;\n    (f) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.\n\n#### 5A Functions of Supervising Scientist in relation to general mining in a conservation zone\n\n  (1) The Supervising Scientist has the following functions in relation to general mining operations in a conservation zone:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the zone of general mining operations in the zone;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone; and\n    (ii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone;\n    (d) to consider, and review, the implementation, in relation to general mining operations in the zone, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the zone;\n    (e) to advise the Minister, or a person designated by the Minister in writing, with respect to:\n    (i) the effects on the environment of general mining operations in the zone;\n    (ii) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone;\n    (iii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone; and\n    (iv) requirements of or having effect under prescribed instruments in relation to general mining operations in the zone in so far as those requirements relate to any matter affecting the environment in the zone and the implementation of those requirements;\n    (f) to perform such other functions, in relation to general mining operations in the zone, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Supervising Scientist does not have the functions described in subsection (1) in relation to general mining operations in an area specified by the Minister in a direction under section 7 as an area in relation to which the Supervising Scientist does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.\n\n#### 5B Function of the Supervising Scientist in relation to environmental matters outside the Region\n\n  (1) The Supervising Scientist has the function of giving to the Minister, on the Minister’s request, scientific and technical advice on environmental matters outside the Region.\n  (2) The Supervising Scientist may perform that function to the extent only that it is not in excess of the functions that may be conferred on him or her by virtue of any of the legislative powers of the Parliament, and, in particular, may perform that function:\n    (a) in so far as it is appropriate for the function to be performed by the Supervising Scientist on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Supervising Scientist to perform functions; or\n    (c) by way of expenditure of money that is available for the purposes of the Supervising Scientist in accordance with an appropriation made by the Parliament; or\n    (d) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (e) for purposes related to external affairs; or\n    (f) for purposes in or in relation to a Territory.\n\n#### 6 Powers of Supervising Scientist\n\n  The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the performance of his or her functions.\n\n#### 7 Directions of Minister etc.\n\n  The Supervising Scientist shall comply with directions given to him or her from time to time by the Minister in relation to the performance of his or her functions or the exercise of his or her powers and shall furnish to the Minister such information in relation to the operation of this Act as the Minister requires.\n\n#### 8 Appointment\n\n  The Supervising Scientist is to be engaged under the Public Service Act 1999.\n\n## Part III—Committees\n\n### Division 1—Advisory Committee\n\n#### 16 Advisory Committee\n\n  There is to be an Advisory Committee.\n\n#### 17 Functions of the Advisory Committee\n\n  The functions of the Advisory Committee are:\n    (a) to provide a formal forum for consultation with persons and bodies on:\n    (i) matters relating to the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (ii) matters relating to environmental research conducted in the Region that are referred to it by the Technical Committee; and\n    (b) such other functions as are conferred on it by this Act.\n\n#### 18 Membership of the Advisory Committee\n\n  (1) The Advisory Committee consists of the following members:\n    (aa) a Chairperson appointed by the Minister;\n    (a) the Supervising Scientist;\n    (b) the Director of National Parks;\n    (c) 1 member appointed by the Minister on the nomination of the Administrator of the Northern Territory;\n    (d) one member appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (da) one member nominated by an environmental organisation which has been nominated by the Minister; and\n    (e) such other members as are from time to time appointed by the Minister.\n  (1A) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.\n  (2) The Minister shall cause to be prepared and kept a list setting out the name of each Department, authority, incorporated company or other body that in his or her opinion has an interest in uranium mining operations in the Alligator Rivers Region and:\n    (a) the Minister shall request each Department, authority, incorporated company or other body the name of which is included in the list to nominate, in writing, not more than 2 persons for appointment to the Committee; and\n    (b) if a person is, or persons are, nominated in accordance with such a request—the Minister shall appoint that person, or at least one of those persons, as a member of the Committee in accordance with paragraph (1)(e).\n  (3) The appointed members of the Committee shall hold office on a part‑time basis.\n  (4) Subject to subsection (5), an appointed member holds office during the pleasure of the Minister.\n  (5) Where a person is appointed as an appointed member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1); or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or the Department, authority, incorporated company or other body, as the case may be, requests, in writing, the termination of the appointment.\n  (6) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (7) The appointment of an appointed member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connexion with, the appointment.\n\n#### 19 Resignation\n\n  An appointed member of the Committee may resign his or her office by writing signed and delivered to the Minister.\n\n#### 20 Termination of appointment\n\n  (1) If an appointed member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister shall terminate the appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee, otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) shall be recorded in the minutes of the meeting.\n\n#### 21 Deputies\n\n  (1) The Minister may appoint a person to be the deputy of an appointed member of the Committee.\n  (2) If an appointed member of the Committee was appointed on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body and the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or that Department, authority, incorporated company or other body nominates, in writing, a person for appointment as the deputy of that member, the Minister shall appoint that person as the deputy of that member in accordance with subsection (1).\n  (3) If the Director of National Parks nominates a person for appointment as his or her deputy, the Minister shall appoint that person as the deputy of the Director.\n  (4) The deputy of a member is entitled to attend a meeting of the Committee not attended by the member of whom he or she is the deputy, and, while so attending, shall be deemed to be the member.\n  (5) The Minister may:\n    (a) determine the terms and conditions of appointment of a person appointed as the deputy of a member; and\n    (b) subject to subsection (6), at any time terminate such an appointment.\n  (6) Where a person is appointed as the deputy of a member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, on the nomination of a Department, authority, incorporated company or other body, or on the nomination of the Director of National Parks, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1) as it applies by reason of subsection (8) of this section; or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, the Department, authority, incorporated company or other body, or the Director, as the case may be, requests, in writing, the termination of the appointment.\n  (7) The deputy of a member may resign his or her appointment by writing signed and delivered to the Minister.\n  (8) The provisions of section 20 apply to and in relation to a deputy of a member in like manner as they apply to and in relation to the member.\n\n#### 22 Meetings of the Advisory Committee\n\n  (1) The Advisory Committee shall hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee shall be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), shall be as determined by the Minister by instrument in writing.\n  (5) The Chairperson shall preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present shall elect one of their number to preside at the meeting.\n  (7) Where the Minister is of the opinion that it would not, by reason of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee shall cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.\n\n### Division 2—Technical Committee\n\n#### 22A Technical Committee\n\n  There is to be a Technical Committee.\n\n#### 22B Functions of the Technical Committee\n\n  (1) The functions of the Technical Committee are:\n    (a) to consider programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (b) to keep under review programs and the carrying out of programs, referred to in paragraph (a); and\n    (c) to make recommendations to the Minister on:\n    (i) the nature and extent of research necessary to protect and restore the environment in the Alligator Rivers Region; and\n    (ii) the most appropriate organisations to undertake the research referred to in subparagraph (i); and\n    (d) to refer to the Advisory Committee matters relating to programs, and the carrying out of programs, referred to in paragraph (a).\n  (2) The Technical Committee must, within 15 days of making a recommendation to the Minister under paragraph (1)(c), give to the Advisory Committee a copy of the recommendation.\n  (3) The Advisory Committee may give to the Minister written comments on any such recommendations.\n\n#### 22C Membership of the Technical Committee\n\n  (1) The Technical Committee is to consist of:\n    (a) a Chairperson appointed by the Minister; and\n    (b) one member, with scientific or technical qualifications, appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (c) such other members as are from time to time appointed by the Minister.\n  (2) The Chairperson must have scientific or technical qualifications.\n  (3) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (4) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.\n\n#### 22D Resignation\n\n  A member of the Committee may resign his or her office by writing signed and delivered to the Minister.\n\n#### 22E Termination of appointment\n\n  (1) If a member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister must terminate his or her appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered by the Committee otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) must be recorded in the minutes of the meeting.\n\n#### 22F Meetings of the Technical Committee\n\n  (1) The Technical Committee must hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee must be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), are as determined by the Minister by instrument in writing.\n  (5) The Chairperson is to preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present must elect one of their number to preside at the meeting.\n  (7) If the Minister is of the opinion that it would not, because of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee must cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.\n\n## Part IV—The Institute\n\n#### 23 Institute\n\n  There is established by this section an Alligator Rivers Region Research Institute.\n\n#### 24 Functions of Institute in relation to uranium mining in the Region\n\n  The Institute has the following functions in relation to uranium mining operations in the Region:\n    (a) to undertake, promote and assist in research into the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the Region of uranium mining operations in the Region;\n    (c) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.\n\n#### 24A Functions of Institute in relation to general mining in a conservation zone\n\n  (1) The Institute has the following functions in relation to general mining operations in a conservation zone:\n    (a) to undertake, promote and assist in research into the effects on the environment in the zone of general mining operations in the zone;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the zone of general mining operations in the zone;\n    (c) to perform such other functions, in relation to general mining operations in the zone, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Institute does not have the functions described in subsection (1) in relation to general mining operations in an area specified in a direction given by the Minister as an area in relation to which the Institute does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.\n\n#### 24B Institute may undertake other environmental research\n\n  (1) The Institute may undertake, on a commercial basis, research on environmental matters for other persons.\n  (2) The Institute may undertake the research to the extent only that it is not in excess of the powers that may be conferred on the Institute by virtue of any of the legislative powers of the Parliament, and, in particular, may undertake the research:\n    (a) in so far as it is appropriate for the research to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to undertake the research; or\n    (c) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (d) for purposes related to external affairs; or\n    (e) for purposes in or in relation to a Territory.\n\n#### 25 Institute to be managed by Supervising Scientist\n\n  (1) The Institute shall be managed by the Supervising Scientist.\n  (2) The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the management of the Institute.\n\n## Part V—Miscellaneous\n\n#### 26 Staff\n\n  (1) The staff required for carrying out or giving effect to this Act shall be persons engaged under the Public Service Act 1999.\n\n#### 27 Power of Supervising Scientist to obtain information and documents\n\n  (1) The Supervising Scientist may, by notice in writing served either personally or by post on a person, require the person:\n    (a) to furnish to him or her, by writing signed by that person, or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person as is specified in the notice; or\n    (b) to furnish to him or her, within the time and in the manner specified in the notice, such documents in the possession of the person as are specified in the notice;\n  being information that is or documents that are required for the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).\n\n#### 28 Application to Supreme Court for order with respect to information or documents\n\n  (1) Where a person who has been served with a notice under section 27 has refused or failed to comply, or to comply fully, with the notice, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against that person.\n  (2) The person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that all or any of the information or documents that was or were required by the notice to be furnished and has or have not been furnished:\n    (a) is or are in the possession of, or available to, the person against whom the order is sought; and\n    (b) is or are information or documents of a kind referred to in subsection 27(1);\n  the Court may make an order requiring the person against whom the order is sought to furnish to the Supervising Scientist, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied.\n  (4) The Court shall not, under this section, require a person to furnish information or a document if the Court is satisfied that compliance with a requirement to furnish that information or document might tend to incriminate that person.\n\n#### 29 Supervising Scientist to have access to buildings and places in Region\n\n  (1) The Supervising Scientist is entitled, with the consent of the occupier, to full and free access to all buildings and places in the Alligator Rivers Region for the purpose of the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).\n  (2) Subsection (1) has effect in relation to any building or place on land that is Aboriginal land for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 notwithstanding subsection 70(1) of that Act.\n\n#### 30 Application to Supreme Court for order with respect to access\n\n  (1) Where the occupier of a building or place has refused, or is unwilling, to consent to the entry of the Supervising Scientist into that building or place under section 29, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against the occupier.\n  (2) A person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that access by the Supervising Scientist to the building or place to which the proceedings relate is necessary for a purpose referred to in section 29, the Court may make an order requiring the person against whom the order is sought to give his or her consent, within a time specified in the order, to the entry of the Supervising Scientist into that building or place for that purpose.\n\n#### 31 Secrecy\n\n  (1) Subsection (2) applies to every person who is or has been the Supervising Scientist or a member of the staff assisting the Supervising Scientist.\n  (2) Subject to subsection (3), a person to whom this subsection applies shall not, either directly or indirectly, make a record of, or divulge or communicate to any person, any information concerning the affairs of any other person acquired by him or her by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (2A) Subsection (2) does not apply to acts done in the performance of a function or duty under or in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2A). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (2) does not prevent the communication of information or the production of a document by the Supervising Scientist or a member of the staff assisting the Supervising Scientist authorized by him or her for that purpose:\n    (a) to the Minister, to the Secretary of the Department that deals with matters arising under this Act or to an officer of, or an employee in, that Department approved by the Secretary of that Department; or\n    (b) to a person to whom, in the opinion of the Minister, it is in the public interest that the information be communicated or the document produced.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) Neither the Secretary of the Department that deals with matters arising under this Act nor an officer of, nor an employee in, that Department approved by him or her for the purposes of subsection (3) shall, either directly or indirectly, make a record of, or divulge or communicate to any person, any information communicated to him or her by the Supervising Scientist or by a member of the staff assisting the Supervising Scientist, being information concerning the affairs of another person acquired by the Supervising Scientist or by a member of that staff by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (4A) Subsection (4) does not apply to acts done for the purpose of advising the Minister in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (4A). See subsection 13.3(3) of the Criminal Code.\n\n  (5) Nothing in this section shall be taken to affect the operation of section 9 of the Ombudsman Act 1976 or the operation of any similar provision in a law of the Northern Territory that confers functions on a person similar to functions conferred on the Ombudsman by that Act.\n  (6) A reference in this section to a member of the staff assisting the Supervising Scientist is a reference to a member of the staff referred to in subsection 26(1), a person engaged under subsection 26(4) (as in force immediately before the commencement of the Environment Protection (Alligator Rivers Region) Amendment Act 1993) or any other person to whom a delegation has been given under subsection 35(1).\n\n#### 33 Supervising Scientist to consult with Director of National Parks and Director of Territory Parks and Wildlife\n\n  The Supervising Scientist shall:\n    (a) consult with, and have regard to the views of, the Director of National Parks in relation to any matter arising in the course of the performance of his or her functions that concerns the functions, powers or duties of the Director; and\n    (b) consult with, and have regard to the views of, the Director of Conservation of the Northern Territory in relation to any matter arising in the course of the performance of his or her functions that concern the functions, powers or duties of the Director or the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.\n\n#### 34 Supervising Scientist must comply with management plan etc.\n\n  The Supervising Scientist must perform his or her functions and exercise his or her powers in relation to a Commonwealth reserve or township wholly or partly in the Alligator Rivers Region only in accordance with:\n    (a) a management plan in operation for the reserve under Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999; and\n    (b) a town plan in operation for the township under that Division.\n\n#### 35 Delegation\n\n  (1) The Supervising Scientist may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Supervising Scientist.\n  (3) A delegation under this section does not prevent the exercise of a power by the Supervising Scientist.\n\n#### 36 Reports\n\n  (1) The Supervising Scientist shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operation of this Act, being a report that refers in particular to the operation of this Act during the year that ended on that date.\n  (2) A report under subsection (1):\n    (a) shall set out all directions given under section 7 by the Minister to the Supervising Scientist during the year to which the report relates;\n    (b) shall include information concerning:\n    (i) the collection and assessment during that year of information relating to the effects on the environment in the Alligator Rivers Region of mining operations in the Region;\n    (ii) standards, practices and procedures in relation to mining operations in the Region adopted during that year, and changes made during that year to such standards, practices and procedures previously adopted, and the effect on the environment in the Region of those standards, practices and procedures and those changes;\n    (iii) measures taken during that year for the protection and restoration of the environment in the Region from the effects of mining operations in the Region;\n    (iv) requirements of and having effect under prescribed instruments enacted, made, adopted or issued during that year in relation to mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region; and\n    (v) the implementation during that year of requirements referred to in subparagraph (iv); and\n    (c) shall include a statement setting out the cost of his or her operations during the year to which the report relates.\n  (3) The Supervising Scientist shall furnish to the Minister such additional reports as the Minister from time to time requires and may from time to time furnish such other reports as the Supervising Scientist thinks fit.\n  (4) A report under subsection (3) may set out such directions given by the Minister under section 7 to the Supervising Scientist as the Supervising Scientist considers to be relevant to the report.\n  (5) Subject to subsection (5A), the Minister shall:\n    (a) cause a copy of any report furnished to him or her under subsection (1) or (3) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her; and\n    (b) cause a copy of every such report furnished to him or her on or after 1 July 1978 to be furnished to the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to parks and reserves in the Territory as soon as practicable after the report is laid before a House of the Parliament.\n  (5A) Subsection (5) does not apply to a report furnished to the Minister in connection with the performance by the Supervising Scientist of the function under section 5B.\n  (6) For the purposes of this section, the period commencing on the day on which this Act receives the Royal Assent and ending on 30 June 1978 shall be regarded as a year.\n\n#### 37 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Advisory Committee","content":"#### 16 Advisory Committee\n\n  There is to be an Advisory Committee.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Functions of the Advisory Committee","content":"#### 17 Functions of the Advisory Committee\n\n  The functions of the Advisory Committee are:\n    (a) to provide a formal forum for consultation with persons and bodies on:\n    (i) matters relating to the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (ii) matters relating to environmental research conducted in the Region that are referred to it by the Technical Committee; and\n    (b) such other functions as are conferred on it by this Act.","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Membership of the Advisory Committee","content":"#### 18 Membership of the Advisory Committee\n\n  (1) The Advisory Committee consists of the following members:\n    (aa) a Chairperson appointed by the Minister;\n    (a) the Supervising Scientist;\n    (b) the Director of National Parks;\n    (c) 1 member appointed by the Minister on the nomination of the Administrator of the Northern Territory;\n    (d) one member appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (da) one member nominated by an environmental organisation which has been nominated by the Minister; and\n    (e) such other members as are from time to time appointed by the Minister.\n  (1A) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.\n  (2) The Minister shall cause to be prepared and kept a list setting out the name of each Department, authority, incorporated company or other body that in his or her opinion has an interest in uranium mining operations in the Alligator Rivers Region and:\n    (a) the Minister shall request each Department, authority, incorporated company or other body the name of which is included in the list to nominate, in writing, not more than 2 persons for appointment to the Committee; and\n    (b) if a person is, or persons are, nominated in accordance with such a request—the Minister shall appoint that person, or at least one of those persons, as a member of the Committee in accordance with paragraph (1)(e).\n  (3) The appointed members of the Committee shall hold office on a part‑time basis.\n  (4) Subject to subsection (5), an appointed member holds office during the pleasure of the Minister.\n  (5) Where a person is appointed as an appointed member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1); or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or the Department, authority, incorporated company or other body, as the case may be, requests, in writing, the termination of the appointment.\n  (6) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (7) The appointment of an appointed member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connexion with, the appointment.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Resignation","content":"#### 19 Resignation\n\n  An appointed member of the Committee may resign his or her office by writing signed and delivered to the Minister.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Termination of appointment","content":"#### 20 Termination of appointment\n\n  (1) If an appointed member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister shall terminate the appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee, otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) shall be recorded in the minutes of the meeting.","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Deputies","content":"#### 21 Deputies\n\n  (1) The Minister may appoint a person to be the deputy of an appointed member of the Committee.\n  (2) If an appointed member of the Committee was appointed on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body and the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or that Department, authority, incorporated company or other body nominates, in writing, a person for appointment as the deputy of that member, the Minister shall appoint that person as the deputy of that member in accordance with subsection (1).\n  (3) If the Director of National Parks nominates a person for appointment as his or her deputy, the Minister shall appoint that person as the deputy of the Director.\n  (4) The deputy of a member is entitled to attend a meeting of the Committee not attended by the member of whom he or she is the deputy, and, while so attending, shall be deemed to be the member.\n  (5) The Minister may:\n    (a) determine the terms and conditions of appointment of a person appointed as the deputy of a member; and\n    (b) subject to subsection (6), at any time terminate such an appointment.\n  (6) Where a person is appointed as the deputy of a member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, on the nomination of a Department, authority, incorporated company or other body, or on the nomination of the Director of National Parks, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1) as it applies by reason of subsection (8) of this section; or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, the Department, authority, incorporated company or other body, or the Director, as the case may be, requests, in writing, the termination of the appointment.\n  (7) The deputy of a member may resign his or her appointment by writing signed and delivered to the Minister.\n  (8) The provisions of section 20 apply to and in relation to a deputy of a member in like manner as they apply to and in relation to the member.","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Meetings of the Advisory Committee","content":"#### 22 Meetings of the Advisory Committee\n\n  (1) The Advisory Committee shall hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee shall be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), shall be as determined by the Minister by instrument in writing.\n  (5) The Chairperson shall preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present shall elect one of their number to preside at the meeting.\n  (7) Where the Minister is of the opinion that it would not, by reason of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee shall cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Technical Committee","content":"An Act to provide for the appointment of a Supervising Scientist for the purpose of protecting the environment in the Alligator Rivers Region of the Northern Territory from the effects of mining operations, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Environment Protection (Alligator Rivers Region) Act 1978.\n\n#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Administrator of the Northern Territory means the Administrator of the Northern Territory acting with the advice of the Executive Council of the Northern Territory.\n\n> Advisory Committee means the Advisory Committee established under section 16.\n\n> Alligator Rivers Region or Region means:\n\n    (a) the area shown on the map set out in the Schedule, being a copy of the map appearing on page 14 of the Ranger Inquiry report, that is described as the “Area generally referred to in the report as the Region”;\n    (aa) so much of the area described as Gimbat on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ab) so much of the area described as Goodparla on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);\n    (ac) the area bounded on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (ad) the area bounded on the east by the meridian of longitude 133 east, on the south by the parallel of latitude 13 30 south and on all other sides by part of the boundary of the area referred to in paragraph (a);\n    (b) the territorial sea adjacent to the area referred to in paragraph (a); and\n    (c) the sea (if any) on the landward side of the territorial sea referred to in paragraph (b).\n\n> appointed member means a member of the Advisory Committee other than the Supervising Scientist or the Director of National Parks.\n\n> appropriate Aboriginal Land Council means such Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 as the Minister declares by instrument under his or her hand to be the Aboriginal Land Council responsible for the Alligator Rivers Region for the purposes of this Act.\n\n> Chairperson means the Chairperson of the Advisory Committee, or the Chairperson of the Technical Committee, as the context requires.\n\n> Committee means the Advisory Committee or the Technical Committee, as the context requires.\n\n> conservation zone means an area that was a conservation zone declared under section 8A of the National Parks and Wildlife Conservation Act 1975.\n\n> Director of Conservation of the Northern Territory means the person holding office as Director of Conservation under the Conservation Commission Act 1980 of the Northern Territory or, if a person is acting as the Director, the person so acting.\n\n> Director of National Parks means the person holding the appointment as the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999.\n\n> ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.\n\n> environment includes:\n\n    (a) ecosystems and their constituent parts, including people and communities; and\n    (b) natural and physical resources; and\n    (c) the qualities and characteristics of locations, places and areas; and\n    (d) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).\n\n> general mining operations means mining operations other than uranium mining operations.\n\n> Institute means the Alligator Rivers Region Research Institute.\n\n> member means a member of the Advisory Committee, or a member of the Technical Committee, as the context requires.\n\n> mineral means a naturally occurring substance or mixture of substances.\n\n> mining operations means any operations or activities for or in connection with, or incidental to, the mining (whether by underground or surface working) or recovery of minerals or the production of material from minerals and, in particular, without limiting the generality of the foregoing, includes:\n\n    (a) exploring and prospecting for minerals;\n    (b) milling, refining, treating and processing minerals; and\n    (c) handling, transporting, storing and disposing of minerals and material produced from minerals;\n  but does not include the construction or use of:\n    (d) towns or camps, or structures connected with the construction or use of towns or camps; or\n    (e) facilities for, or connected with, the supply of water, electricity or gas to towns or camps or to structures connected with the construction or use of towns or camps.\n\n> prescribed instrument means any of the following, whether in force at the commencement of this Act or coming into force after that commencement:\n\n    (a) a law of the Commonwealth or of the Northern Territory; or\n    (b) an instrument made, granted or issued under or for the purposes of any such law, including:\n    (i) a permit, licence or lease under any such law; and\n    (ii) an authority under section 41 of the Atomic Energy Act 1953; and\n    (iii) an agreement under Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Ranger Inquiry report means the report known as the Ranger Uranium Environmental Inquiry Second Report that was presented to the Minister for Environment, Housing and Community Development and the Minister for Aboriginal Affairs on 17 May 1977.\n\n> requirement means an obligation, condition, restriction or prohibition.\n\n> sea includes any waters within the ebb and flow of the tide.\n\n> Supervising Scientist means the Supervising Scientist for the Alligator Rivers Region.\n\n> Technical Committee means the Technical Committee established under section 22A.\n\n> uranium mining operations has the meaning it would have if in the definition of mining operations the references to minerals were references to uranium‑bearing ore.\n\n  (2) A reference in this Act to the environment in a conservation zone includes a reference to the environment in so much of the Alligator Rivers Region as is adjacent to the zone.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—The Supervising Scientist\n\n#### 4 Supervising Scientist\n\n  There shall be a Supervising Scientist for the Alligator Rivers Region.\n\n#### 5 Functions of Supervising Scientist in relation to uranium mining in the Region\n\n  The Supervising Scientist has the following functions in relation to uranium mining operations in the Region:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region; and\n    (ii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region;\n    (d) to co‑ordinate, and supervise, the implementation, in relation to uranium mining operations in the Region, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the Region;\n    (e) to advise the Minister with respect to:\n    (i) the effects on the environment in the Region of uranium mining operations in the Region;\n    (ii) standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region;\n    (iii) measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region; and\n    (iv) requirements of or having effect under prescribed instruments in relation to uranium mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region and the implementation of those requirements;\n    (f) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.\n\n#### 5A Functions of Supervising Scientist in relation to general mining in a conservation zone\n\n  (1) The Supervising Scientist has the following functions in relation to general mining operations in a conservation zone:\n    (a) to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the zone of general mining operations in the zone;\n    (b) to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);\n    (c) to devise and develop, and to promote and assist in the devising and development of:\n    (i) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone; and\n    (ii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone;\n    (d) to consider, and review, the implementation, in relation to general mining operations in the zone, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the zone;\n    (e) to advise the Minister, or a person designated by the Minister in writing, with respect to:\n    (i) the effects on the environment of general mining operations in the zone;\n    (ii) standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone;\n    (iii) measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone; and\n    (iv) requirements of or having effect under prescribed instruments in relation to general mining operations in the zone in so far as those requirements relate to any matter affecting the environment in the zone and the implementation of those requirements;\n    (f) to perform such other functions, in relation to general mining operations in the zone, as are conferred on him or her by or under a prescribed instrument (including this Act); and\n    (g) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Supervising Scientist does not have the functions described in subsection (1) in relation to general mining operations in an area specified by the Minister in a direction under section 7 as an area in relation to which the Supervising Scientist does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.\n\n#### 5B Function of the Supervising Scientist in relation to environmental matters outside the Region\n\n  (1) The Supervising Scientist has the function of giving to the Minister, on the Minister’s request, scientific and technical advice on environmental matters outside the Region.\n  (2) The Supervising Scientist may perform that function to the extent only that it is not in excess of the functions that may be conferred on him or her by virtue of any of the legislative powers of the Parliament, and, in particular, may perform that function:\n    (a) in so far as it is appropriate for the function to be performed by the Supervising Scientist on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Supervising Scientist to perform functions; or\n    (c) by way of expenditure of money that is available for the purposes of the Supervising Scientist in accordance with an appropriation made by the Parliament; or\n    (d) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (e) for purposes related to external affairs; or\n    (f) for purposes in or in relation to a Territory.\n\n#### 6 Powers of Supervising Scientist\n\n  The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the performance of his or her functions.\n\n#### 7 Directions of Minister etc.\n\n  The Supervising Scientist shall comply with directions given to him or her from time to time by the Minister in relation to the performance of his or her functions or the exercise of his or her powers and shall furnish to the Minister such information in relation to the operation of this Act as the Minister requires.\n\n#### 8 Appointment\n\n  The Supervising Scientist is to be engaged under the Public Service Act 1999.\n\n## Part III—Committees\n\n### Division 1—Advisory Committee\n\n#### 16 Advisory Committee\n\n  There is to be an Advisory Committee.\n\n#### 17 Functions of the Advisory Committee\n\n  The functions of the Advisory Committee are:\n    (a) to provide a formal forum for consultation with persons and bodies on:\n    (i) matters relating to the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (ii) matters relating to environmental research conducted in the Region that are referred to it by the Technical Committee; and\n    (b) such other functions as are conferred on it by this Act.\n\n#### 18 Membership of the Advisory Committee\n\n  (1) The Advisory Committee consists of the following members:\n    (aa) a Chairperson appointed by the Minister;\n    (a) the Supervising Scientist;\n    (b) the Director of National Parks;\n    (c) 1 member appointed by the Minister on the nomination of the Administrator of the Northern Territory;\n    (d) one member appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (da) one member nominated by an environmental organisation which has been nominated by the Minister; and\n    (e) such other members as are from time to time appointed by the Minister.\n  (1A) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.\n  (2) The Minister shall cause to be prepared and kept a list setting out the name of each Department, authority, incorporated company or other body that in his or her opinion has an interest in uranium mining operations in the Alligator Rivers Region and:\n    (a) the Minister shall request each Department, authority, incorporated company or other body the name of which is included in the list to nominate, in writing, not more than 2 persons for appointment to the Committee; and\n    (b) if a person is, or persons are, nominated in accordance with such a request—the Minister shall appoint that person, or at least one of those persons, as a member of the Committee in accordance with paragraph (1)(e).\n  (3) The appointed members of the Committee shall hold office on a part‑time basis.\n  (4) Subject to subsection (5), an appointed member holds office during the pleasure of the Minister.\n  (5) Where a person is appointed as an appointed member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1); or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or the Department, authority, incorporated company or other body, as the case may be, requests, in writing, the termination of the appointment.\n  (6) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (7) The appointment of an appointed member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connexion with, the appointment.\n\n#### 19 Resignation\n\n  An appointed member of the Committee may resign his or her office by writing signed and delivered to the Minister.\n\n#### 20 Termination of appointment\n\n  (1) If an appointed member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister shall terminate the appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee, otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) shall be recorded in the minutes of the meeting.\n\n#### 21 Deputies\n\n  (1) The Minister may appoint a person to be the deputy of an appointed member of the Committee.\n  (2) If an appointed member of the Committee was appointed on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or on the nomination of a Department, authority, incorporated company or other body and the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, or that Department, authority, incorporated company or other body nominates, in writing, a person for appointment as the deputy of that member, the Minister shall appoint that person as the deputy of that member in accordance with subsection (1).\n  (3) If the Director of National Parks nominates a person for appointment as his or her deputy, the Minister shall appoint that person as the deputy of the Director.\n  (4) The deputy of a member is entitled to attend a meeting of the Committee not attended by the member of whom he or she is the deputy, and, while so attending, shall be deemed to be the member.\n  (5) The Minister may:\n    (a) determine the terms and conditions of appointment of a person appointed as the deputy of a member; and\n    (b) subject to subsection (6), at any time terminate such an appointment.\n  (6) Where a person is appointed as the deputy of a member on the nomination of the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, on the nomination of a Department, authority, incorporated company or other body, or on the nomination of the Director of National Parks, the Minister shall not terminate the appointment unless:\n    (a) he or she is required to do so by subsection 20(1) as it applies by reason of subsection (8) of this section; or\n    (b) the Administrator of the Northern Territory or the appropriate Aboriginal Land Council, the Department, authority, incorporated company or other body, or the Director, as the case may be, requests, in writing, the termination of the appointment.\n  (7) The deputy of a member may resign his or her appointment by writing signed and delivered to the Minister.\n  (8) The provisions of section 20 apply to and in relation to a deputy of a member in like manner as they apply to and in relation to the member.\n\n#### 22 Meetings of the Advisory Committee\n\n  (1) The Advisory Committee shall hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee shall be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), shall be as determined by the Minister by instrument in writing.\n  (5) The Chairperson shall preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present shall elect one of their number to preside at the meeting.\n  (7) Where the Minister is of the opinion that it would not, by reason of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee shall cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.\n\n### Division 2—Technical Committee\n\n#### 22A Technical Committee\n\n  There is to be a Technical Committee.\n\n#### 22B Functions of the Technical Committee\n\n  (1) The functions of the Technical Committee are:\n    (a) to consider programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (b) to keep under review programs and the carrying out of programs, referred to in paragraph (a); and\n    (c) to make recommendations to the Minister on:\n    (i) the nature and extent of research necessary to protect and restore the environment in the Alligator Rivers Region; and\n    (ii) the most appropriate organisations to undertake the research referred to in subparagraph (i); and\n    (d) to refer to the Advisory Committee matters relating to programs, and the carrying out of programs, referred to in paragraph (a).\n  (2) The Technical Committee must, within 15 days of making a recommendation to the Minister under paragraph (1)(c), give to the Advisory Committee a copy of the recommendation.\n  (3) The Advisory Committee may give to the Minister written comments on any such recommendations.\n\n#### 22C Membership of the Technical Committee\n\n  (1) The Technical Committee is to consist of:\n    (a) a Chairperson appointed by the Minister; and\n    (b) one member, with scientific or technical qualifications, appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (c) such other members as are from time to time appointed by the Minister.\n  (2) The Chairperson must have scientific or technical qualifications.\n  (3) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (4) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.\n\n#### 22D Resignation\n\n  A member of the Committee may resign his or her office by writing signed and delivered to the Minister.\n\n#### 22E Termination of appointment\n\n  (1) If a member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister must terminate his or her appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered by the Committee otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) must be recorded in the minutes of the meeting.\n\n#### 22F Meetings of the Technical Committee\n\n  (1) The Technical Committee must hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee must be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), are as determined by the Minister by instrument in writing.\n  (5) The Chairperson is to preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present must elect one of their number to preside at the meeting.\n  (7) If the Minister is of the opinion that it would not, because of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee must cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.\n\n## Part IV—The Institute\n\n#### 23 Institute\n\n  There is established by this section an Alligator Rivers Region Research Institute.\n\n#### 24 Functions of Institute in relation to uranium mining in the Region\n\n  The Institute has the following functions in relation to uranium mining operations in the Region:\n    (a) to undertake, promote and assist in research into the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the Region of uranium mining operations in the Region;\n    (c) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.\n\n#### 24A Functions of Institute in relation to general mining in a conservation zone\n\n  (1) The Institute has the following functions in relation to general mining operations in a conservation zone:\n    (a) to undertake, promote and assist in research into the effects on the environment in the zone of general mining operations in the zone;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the zone of general mining operations in the zone;\n    (c) to perform such other functions, in relation to general mining operations in the zone, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Institute does not have the functions described in subsection (1) in relation to general mining operations in an area specified in a direction given by the Minister as an area in relation to which the Institute does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.\n\n#### 24B Institute may undertake other environmental research\n\n  (1) The Institute may undertake, on a commercial basis, research on environmental matters for other persons.\n  (2) The Institute may undertake the research to the extent only that it is not in excess of the powers that may be conferred on the Institute by virtue of any of the legislative powers of the Parliament, and, in particular, may undertake the research:\n    (a) in so far as it is appropriate for the research to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to undertake the research; or\n    (c) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (d) for purposes related to external affairs; or\n    (e) for purposes in or in relation to a Territory.\n\n#### 25 Institute to be managed by Supervising Scientist\n\n  (1) The Institute shall be managed by the Supervising Scientist.\n  (2) The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the management of the Institute.\n\n## Part V—Miscellaneous\n\n#### 26 Staff\n\n  (1) The staff required for carrying out or giving effect to this Act shall be persons engaged under the Public Service Act 1999.\n\n#### 27 Power of Supervising Scientist to obtain information and documents\n\n  (1) The Supervising Scientist may, by notice in writing served either personally or by post on a person, require the person:\n    (a) to furnish to him or her, by writing signed by that person, or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person as is specified in the notice; or\n    (b) to furnish to him or her, within the time and in the manner specified in the notice, such documents in the possession of the person as are specified in the notice;\n  being information that is or documents that are required for the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).\n\n#### 28 Application to Supreme Court for order with respect to information or documents\n\n  (1) Where a person who has been served with a notice under section 27 has refused or failed to comply, or to comply fully, with the notice, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against that person.\n  (2) The person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that all or any of the information or documents that was or were required by the notice to be furnished and has or have not been furnished:\n    (a) is or are in the possession of, or available to, the person against whom the order is sought; and\n    (b) is or are information or documents of a kind referred to in subsection 27(1);\n  the Court may make an order requiring the person against whom the order is sought to furnish to the Supervising Scientist, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied.\n  (4) The Court shall not, under this section, require a person to furnish information or a document if the Court is satisfied that compliance with a requirement to furnish that information or document might tend to incriminate that person.\n\n#### 29 Supervising Scientist to have access to buildings and places in Region\n\n  (1) The Supervising Scientist is entitled, with the consent of the occupier, to full and free access to all buildings and places in the Alligator Rivers Region for the purpose of the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).\n  (2) Subsection (1) has effect in relation to any building or place on land that is Aboriginal land for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 notwithstanding subsection 70(1) of that Act.\n\n#### 30 Application to Supreme Court for order with respect to access\n\n  (1) Where the occupier of a building or place has refused, or is unwilling, to consent to the entry of the Supervising Scientist into that building or place under section 29, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against the occupier.\n  (2) A person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that access by the Supervising Scientist to the building or place to which the proceedings relate is necessary for a purpose referred to in section 29, the Court may make an order requiring the person against whom the order is sought to give his or her consent, within a time specified in the order, to the entry of the Supervising Scientist into that building or place for that purpose.\n\n#### 31 Secrecy\n\n  (1) Subsection (2) applies to every person who is or has been the Supervising Scientist or a member of the staff assisting the Supervising Scientist.\n  (2) Subject to subsection (3), a person to whom this subsection applies shall not, either directly or indirectly, make a record of, or divulge or communicate to any person, any information concerning the affairs of any other person acquired by him or her by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (2A) Subsection (2) does not apply to acts done in the performance of a function or duty under or in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2A). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (2) does not prevent the communication of information or the production of a document by the Supervising Scientist or a member of the staff assisting the Supervising Scientist authorized by him or her for that purpose:\n    (a) to the Minister, to the Secretary of the Department that deals with matters arising under this Act or to an officer of, or an employee in, that Department approved by the Secretary of that Department; or\n    (b) to a person to whom, in the opinion of the Minister, it is in the public interest that the information be communicated or the document produced.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) Neither the Secretary of the Department that deals with matters arising under this Act nor an officer of, nor an employee in, that Department approved by him or her for the purposes of subsection (3) shall, either directly or indirectly, make a record of, or divulge or communicate to any person, any information communicated to him or her by the Supervising Scientist or by a member of the staff assisting the Supervising Scientist, being information concerning the affairs of another person acquired by the Supervising Scientist or by a member of that staff by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (4A) Subsection (4) does not apply to acts done for the purpose of advising the Minister in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (4A). See subsection 13.3(3) of the Criminal Code.\n\n  (5) Nothing in this section shall be taken to affect the operation of section 9 of the Ombudsman Act 1976 or the operation of any similar provision in a law of the Northern Territory that confers functions on a person similar to functions conferred on the Ombudsman by that Act.\n  (6) A reference in this section to a member of the staff assisting the Supervising Scientist is a reference to a member of the staff referred to in subsection 26(1), a person engaged under subsection 26(4) (as in force immediately before the commencement of the Environment Protection (Alligator Rivers Region) Amendment Act 1993) or any other person to whom a delegation has been given under subsection 35(1).\n\n#### 33 Supervising Scientist to consult with Director of National Parks and Director of Territory Parks and Wildlife\n\n  The Supervising Scientist shall:\n    (a) consult with, and have regard to the views of, the Director of National Parks in relation to any matter arising in the course of the performance of his or her functions that concerns the functions, powers or duties of the Director; and\n    (b) consult with, and have regard to the views of, the Director of Conservation of the Northern Territory in relation to any matter arising in the course of the performance of his or her functions that concern the functions, powers or duties of the Director or the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.\n\n#### 34 Supervising Scientist must comply with management plan etc.\n\n  The Supervising Scientist must perform his or her functions and exercise his or her powers in relation to a Commonwealth reserve or township wholly or partly in the Alligator Rivers Region only in accordance with:\n    (a) a management plan in operation for the reserve under Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999; and\n    (b) a town plan in operation for the township under that Division.\n\n#### 35 Delegation\n\n  (1) The Supervising Scientist may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Supervising Scientist.\n  (3) A delegation under this section does not prevent the exercise of a power by the Supervising Scientist.\n\n#### 36 Reports\n\n  (1) The Supervising Scientist shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operation of this Act, being a report that refers in particular to the operation of this Act during the year that ended on that date.\n  (2) A report under subsection (1):\n    (a) shall set out all directions given under section 7 by the Minister to the Supervising Scientist during the year to which the report relates;\n    (b) shall include information concerning:\n    (i) the collection and assessment during that year of information relating to the effects on the environment in the Alligator Rivers Region of mining operations in the Region;\n    (ii) standards, practices and procedures in relation to mining operations in the Region adopted during that year, and changes made during that year to such standards, practices and procedures previously adopted, and the effect on the environment in the Region of those standards, practices and procedures and those changes;\n    (iii) measures taken during that year for the protection and restoration of the environment in the Region from the effects of mining operations in the Region;\n    (iv) requirements of and having effect under prescribed instruments enacted, made, adopted or issued during that year in relation to mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region; and\n    (v) the implementation during that year of requirements referred to in subparagraph (iv); and\n    (c) shall include a statement setting out the cost of his or her operations during the year to which the report relates.\n  (3) The Supervising Scientist shall furnish to the Minister such additional reports as the Minister from time to time requires and may from time to time furnish such other reports as the Supervising Scientist thinks fit.\n  (4) A report under subsection (3) may set out such directions given by the Minister under section 7 to the Supervising Scientist as the Supervising Scientist considers to be relevant to the report.\n  (5) Subject to subsection (5A), the Minister shall:\n    (a) cause a copy of any report furnished to him or her under subsection (1) or (3) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her; and\n    (b) cause a copy of every such report furnished to him or her on or after 1 July 1978 to be furnished to the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to parks and reserves in the Territory as soon as practicable after the report is laid before a House of the Parliament.\n  (5A) Subsection (5) does not apply to a report furnished to the Minister in connection with the performance by the Supervising Scientist of the function under section 5B.\n  (6) For the purposes of this section, the period commencing on the day on which this Act receives the Royal Assent and ending on 30 June 1978 shall be regarded as a year.\n\n#### 37 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":22},{"sectionNumber":"22A","sectionType":"section","heading":"Technical Committee","content":"#### 22A Technical Committee\n\n  There is to be a Technical Committee.","sortOrder":23},{"sectionNumber":"22B","sectionType":"section","heading":"Functions of the Technical Committee","content":"#### 22B Functions of the Technical Committee\n\n  (1) The functions of the Technical Committee are:\n    (a) to consider programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Alligator Rivers Region of uranium mining operations in the Region; and\n    (b) to keep under review programs and the carrying out of programs, referred to in paragraph (a); and\n    (c) to make recommendations to the Minister on:\n    (i) the nature and extent of research necessary to protect and restore the environment in the Alligator Rivers Region; and\n    (ii) the most appropriate organisations to undertake the research referred to in subparagraph (i); and\n    (d) to refer to the Advisory Committee matters relating to programs, and the carrying out of programs, referred to in paragraph (a).\n  (2) The Technical Committee must, within 15 days of making a recommendation to the Minister under paragraph (1)(c), give to the Advisory Committee a copy of the recommendation.\n  (3) The Advisory Committee may give to the Minister written comments on any such recommendations.","sortOrder":24},{"sectionNumber":"22C","sectionType":"section","heading":"Membership of the Technical Committee","content":"#### 22C Membership of the Technical Committee\n\n  (1) The Technical Committee is to consist of:\n    (a) a Chairperson appointed by the Minister; and\n    (b) one member, with scientific or technical qualifications, appointed by the Minister on the nomination of the appropriate Aboriginal Land Council; and\n    (c) such other members as are from time to time appointed by the Minister.\n  (2) The Chairperson must have scientific or technical qualifications.\n  (3) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.\n  (4) The Minister must not appoint as the Chairperson:\n    (a) the Supervising Scientist or a member of the staff referred to in section 26; or\n    (b) the Director of National Parks or a person who is an agent or delegate of the Director of National Parks.","sortOrder":25},{"sectionNumber":"22D","sectionType":"section","heading":"Resignation","content":"#### 22D Resignation\n\n  A member of the Committee may resign his or her office by writing signed and delivered to the Minister.","sortOrder":26},{"sectionNumber":"22E","sectionType":"section","heading":"Termination of appointment","content":"#### 22E Termination of appointment\n\n  (1) If a member of the Committee fails, without reasonable excuse, to comply with subsection (2), the Minister must terminate his or her appointment.\n  (2) A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered by the Committee otherwise than as a member of, and in common with the other members of, an incorporated company that consists of more than 25 persons and of which he or she is not a director must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.\n  (3) A disclosure under subsection (2) must be recorded in the minutes of the meeting.","sortOrder":27},{"sectionNumber":"22F","sectionType":"section","heading":"Meetings of the Technical Committee","content":"#### 22F Meetings of the Technical Committee\n\n  (1) The Technical Committee must hold such meetings as are necessary for the performance of its functions.\n  (2) Subject to this section, meetings of the Committee must be held at such times and places as the Committee from time to time determines.\n  (3) The Chairperson may at any time convene a meeting of the Committee.\n  (4) The members required to constitute a quorum at a meeting of the Committee, and all matters relating to procedures at meetings of the Committee (other than matters expressly provided for in this section), are as determined by the Minister by instrument in writing.\n  (5) The Chairperson is to preside at all meetings of the Committee at which he or she is present.\n  (6) If the Chairperson is not present at a meeting of the Committee, the members present must elect one of their number to preside at the meeting.\n  (7) If the Minister is of the opinion that it would not, because of the direct or indirect pecuniary interests of a particular member or otherwise, be proper for the member to be present during the consideration by the Committee of particular matters, he or she may, by instrument in writing, direct that that member is not to be present during the consideration by the Committee of those matters.\n  (8) The Committee must cause a summary record of its proceedings to be kept.\n  (9) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.","sortOrder":28},{"sectionNumber":"Part IV","sectionType":"part","heading":"The Institute","content":"## Part IV—The Institute","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Institute","content":"#### 23 Institute\n\n  There is established by this section an Alligator Rivers Region Research Institute.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Functions of Institute in relation to uranium mining in the Region","content":"#### 24 Functions of Institute in relation to uranium mining in the Region\n\n  The Institute has the following functions in relation to uranium mining operations in the Region:\n    (a) to undertake, promote and assist in research into the effects on the environment in the Region of uranium mining operations in the Region;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the Region of uranium mining operations in the Region;\n    (c) to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.","sortOrder":31},{"sectionNumber":"24A","sectionType":"section","heading":"Functions of Institute in relation to general mining in a conservation zone","content":"#### 24A Functions of Institute in relation to general mining in a conservation zone\n\n  (1) The Institute has the following functions in relation to general mining operations in a conservation zone:\n    (a) to undertake, promote and assist in research into the effects on the environment in the zone of general mining operations in the zone;\n    (b) to collect and assess, and to promote and assist in the collection and assessment of, information relating to the effects on the environment in the zone of general mining operations in the zone;\n    (c) to perform such other functions, in relation to general mining operations in the zone, as are conferred on it by or under a prescribed instrument; and\n    (d) to do anything incidental or conducive to the performance of any of the foregoing functions.\n  (2) However, the Institute does not have the functions described in subsection (1) in relation to general mining operations in an area specified in a direction given by the Minister as an area in relation to which the Institute does not have those functions.\n  (3) Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.","sortOrder":32},{"sectionNumber":"24B","sectionType":"section","heading":"Institute may undertake other environmental research","content":"#### 24B Institute may undertake other environmental research\n\n  (1) The Institute may undertake, on a commercial basis, research on environmental matters for other persons.\n  (2) The Institute may undertake the research to the extent only that it is not in excess of the powers that may be conferred on the Institute by virtue of any of the legislative powers of the Parliament, and, in particular, may undertake the research:\n    (a) in so far as it is appropriate for the research to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government of Australia; or\n    (b) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to undertake the research; or\n    (c) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n    (d) for purposes related to external affairs; or\n    (e) for purposes in or in relation to a Territory.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Institute to be managed by Supervising Scientist","content":"#### 25 Institute to be managed by Supervising Scientist\n\n  (1) The Institute shall be managed by the Supervising Scientist.\n  (2) The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the management of the Institute.","sortOrder":34},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"## Part V—Miscellaneous","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Staff","content":"#### 26 Staff\n\n  (1) The staff required for carrying out or giving effect to this Act shall be persons engaged under the Public Service Act 1999.","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Power of Supervising Scientist to obtain information and documents","content":"#### 27 Power of Supervising Scientist to obtain information and documents\n\n  (1) The Supervising Scientist may, by notice in writing served either personally or by post on a person, require the person:\n    (a) to furnish to him or her, by writing signed by that person, or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person as is specified in the notice; or\n    (b) to furnish to him or her, within the time and in the manner specified in the notice, such documents in the possession of the person as are specified in the notice;\n  being information that is or documents that are required for the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Application to Supreme Court for order with respect to information or documents","content":"#### 28 Application to Supreme Court for order with respect to information or documents\n\n  (1) Where a person who has been served with a notice under section 27 has refused or failed to comply, or to comply fully, with the notice, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against that person.\n  (2) The person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that all or any of the information or documents that was or were required by the notice to be furnished and has or have not been furnished:\n    (a) is or are in the possession of, or available to, the person against whom the order is sought; and\n    (b) is or are information or documents of a kind referred to in subsection 27(1);\n  the Court may make an order requiring the person against whom the order is sought to furnish to the Supervising Scientist, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied.\n  (4) The Court shall not, under this section, require a person to furnish information or a document if the Court is satisfied that compliance with a requirement to furnish that information or document might tend to incriminate that person.","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Supervising Scientist to have access to buildings and places in Region","content":"#### 29 Supervising Scientist to have access to buildings and places in Region\n\n  (1) The Supervising Scientist is entitled, with the consent of the occupier, to full and free access to all buildings and places in the Alligator Rivers Region for the purpose of the performance of his or her functions or the performance of the functions of the Institute or the exercise of his or her powers (including his or her powers in relation to the management of the Institute).\n  (2) Subsection (1) has effect in relation to any building or place on land that is Aboriginal land for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 notwithstanding subsection 70(1) of that Act.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Application to Supreme Court for order with respect to access","content":"#### 30 Application to Supreme Court for order with respect to access\n\n  (1) Where the occupier of a building or place has refused, or is unwilling, to consent to the entry of the Supervising Scientist into that building or place under section 29, the Supervising Scientist may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against the occupier.\n  (2) A person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.\n  (3) Where, in proceedings under this section, the Court is satisfied that access by the Supervising Scientist to the building or place to which the proceedings relate is necessary for a purpose referred to in section 29, the Court may make an order requiring the person against whom the order is sought to give his or her consent, within a time specified in the order, to the entry of the Supervising Scientist into that building or place for that purpose.","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Secrecy","content":"#### 31 Secrecy\n\n  (1) Subsection (2) applies to every person who is or has been the Supervising Scientist or a member of the staff assisting the Supervising Scientist.\n  (2) Subject to subsection (3), a person to whom this subsection applies shall not, either directly or indirectly, make a record of, or divulge or communicate to any person, any information concerning the affairs of any other person acquired by him or her by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (2A) Subsection (2) does not apply to acts done in the performance of a function or duty under or in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2A). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (2) does not prevent the communication of information or the production of a document by the Supervising Scientist or a member of the staff assisting the Supervising Scientist authorized by him or her for that purpose:\n    (a) to the Minister, to the Secretary of the Department that deals with matters arising under this Act or to an officer of, or an employee in, that Department approved by the Secretary of that Department; or\n    (b) to a person to whom, in the opinion of the Minister, it is in the public interest that the information be communicated or the document produced.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) Neither the Secretary of the Department that deals with matters arising under this Act nor an officer of, nor an employee in, that Department approved by him or her for the purposes of subsection (3) shall, either directly or indirectly, make a record of, or divulge or communicate to any person, any information communicated to him or her by the Supervising Scientist or by a member of the staff assisting the Supervising Scientist, being information concerning the affairs of another person acquired by the Supervising Scientist or by a member of that staff by reason of his or her office or employment under or for the purposes of this Act.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (4A) Subsection (4) does not apply to acts done for the purpose of advising the Minister in connection with this Act.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (4A). See subsection 13.3(3) of the Criminal Code.\n\n  (5) Nothing in this section shall be taken to affect the operation of section 9 of the Ombudsman Act 1976 or the operation of any similar provision in a law of the Northern Territory that confers functions on a person similar to functions conferred on the Ombudsman by that Act.\n  (6) A reference in this section to a member of the staff assisting the Supervising Scientist is a reference to a member of the staff referred to in subsection 26(1), a person engaged under subsection 26(4) (as in force immediately before the commencement of the Environment Protection (Alligator Rivers Region) Amendment Act 1993) or any other person to whom a delegation has been given under subsection 35(1).","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Supervising Scientist to consult with Director of National Parks and Director of Territory Parks and Wildlife","content":"#### 33 Supervising Scientist to consult with Director of National Parks and Director of Territory Parks and Wildlife\n\n  The Supervising Scientist shall:\n    (a) consult with, and have regard to the views of, the Director of National Parks in relation to any matter arising in the course of the performance of his or her functions that concerns the functions, powers or duties of the Director; and\n    (b) consult with, and have regard to the views of, the Director of Conservation of the Northern Territory in relation to any matter arising in the course of the performance of his or her functions that concern the functions, powers or duties of the Director or the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Supervising Scientist must comply with management plan etc.","content":"#### 34 Supervising Scientist must comply with management plan etc.\n\n  The Supervising Scientist must perform his or her functions and exercise his or her powers in relation to a Commonwealth reserve or township wholly or partly in the Alligator Rivers Region only in accordance with:\n    (a) a management plan in operation for the reserve under Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999; and\n    (b) a town plan in operation for the township under that Division.","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Delegation","content":"#### 35 Delegation\n\n  (1) The Supervising Scientist may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Supervising Scientist.\n  (3) A delegation under this section does not prevent the exercise of a power by the Supervising Scientist.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Reports","content":"#### 36 Reports\n\n  (1) The Supervising Scientist shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operation of this Act, being a report that refers in particular to the operation of this Act during the year that ended on that date.\n  (2) A report under subsection (1):\n    (a) shall set out all directions given under section 7 by the Minister to the Supervising Scientist during the year to which the report relates;\n    (b) shall include information concerning:\n    (i) the collection and assessment during that year of information relating to the effects on the environment in the Alligator Rivers Region of mining operations in the Region;\n    (ii) standards, practices and procedures in relation to mining operations in the Region adopted during that year, and changes made during that year to such standards, practices and procedures previously adopted, and the effect on the environment in the Region of those standards, practices and procedures and those changes;\n    (iii) measures taken during that year for the protection and restoration of the environment in the Region from the effects of mining operations in the Region;\n    (iv) requirements of and having effect under prescribed instruments enacted, made, adopted or issued during that year in relation to mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region; and\n    (v) the implementation during that year of requirements referred to in subparagraph (iv); and\n    (c) shall include a statement setting out the cost of his or her operations during the year to which the report relates.\n  (3) The Supervising Scientist shall furnish to the Minister such additional reports as the Minister from time to time requires and may from time to time furnish such other reports as the Supervising Scientist thinks fit.\n  (4) A report under subsection (3) may set out such directions given by the Minister under section 7 to the Supervising Scientist as the Supervising Scientist considers to be relevant to the report.\n  (5) Subject to subsection (5A), the Minister shall:\n    (a) cause a copy of any report furnished to him or her under subsection (1) or (3) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her; and\n    (b) cause a copy of every such report furnished to him or her on or after 1 July 1978 to be furnished to the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to parks and reserves in the Territory as soon as practicable after the report is laid before a House of the Parliament.\n  (5A) Subsection (5) does not apply to a report furnished to the Minister in connection with the performance by the Supervising Scientist of the function under section 5B.\n  (6) For the purposes of this section, the period commencing on the day on which this Act receives the Royal Assent and ending on 30 June 1978 shall be regarded as a year.","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Regulations","content":"#### 37 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":46}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as written goes beyond a single, narrow duty to monitor uranium mines in the Alligator Rivers Region. While the original core is supervisory and research functions directed at uranium mining (s 5), later provisions extend those functions in three material ways: (1) to general mining operations within declared conservation zones (s 5A, 24A); (2) to permit the Institute to undertake environmental research on a commercial basis and to provide advice or services outside the Region to the extent authorised by Commonwealth powers (s 24B, s 5B); and (3) to create formal nomination/appointment channels for industry, Territory and Aboriginal bodies to sit on committees (s 18, s 22C). Those extensions increase the Act’s operational and geographic reach beyond a narrowly circumscribed uranium‑monitoring role while preserving ministerial power to limit some functions by direction (s 5A(2), s 24A(2), s 7)."},"complexity_factors":["~30 defined terms in s 3 (numerous geographic and institutional definitions such as \"Alligator Rivers Region\", \"prescribed instrument\", \"uranium mining operations\").","Multiple institutional layers: Supervising Scientist, Institute, Advisory Committee, Technical Committee, Minister, Northern Territory bodies (s 4, 23, 16, 22A, 7).","Cross‑references to multiple external Acts (Aboriginal Land Rights (NT) Act 1976, Atomic Energy Act 1953 s 41, Public Service Act 1999, EPBC Act 1999, Criminal Code Chapter 2, Conservation Commission Act 1980) increasing interpretive dependencies.","Conditional and delegated powers: Minister may give directions (s 7) and exclude areas (s 5A(2), s 24A(2)); Supervising Scientist may delegate powers (s 35).","Enforcement by Court with judicial discretion: notices, applications to Supreme Court for documents and access with statutory non‑compellability against self‑incrimination (s 27–30, 28(4)).","Secrecy provision with criminal penalties and multiple exceptions (s 31) including evidential burdens (note references to Criminal Code evidential burden).","Appointment and nomination mechanics with special protections (e.g. Minister must not appoint certain persons as Chair, protection from termination where appointment was on nomination — s 18(1A), 18(5)).","Reporting and transparency rules (annual report requirements, tabling in Parliament, but exceptions for some reports — s 36)."],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Establishes a Commonwealth office called the Supervising Scientist for the Alligator Rivers Region and an Alligator Rivers Region Research Institute to study, monitor and advise on the environmental effects of mining in that geographic area (see s 4, 23–25).  \n- Gives the Supervising Scientist powers to design and coordinate environmental research, develop standards and restoration measures, supervise implementation of environmental requirements under other laws or instruments, and advise the Minister (see s 5, 5A, 5B, 6).  \n- Creates two advisory bodies: an Advisory Committee for consultation and a Technical Committee for scientific review and recommendations (see s 16–22F).  \n- Authorises the Supervising Scientist to require written information and documents from persons and bodies, and to seek court orders to compel compliance (see s 27–28).  \n- Provides for access (with occupier consent) to buildings and places in the Region for relevant functions, and for court-ordered access where consent is refused (see s 29–30).  \n- Imposes confidentiality duties on the Supervising Scientist and staff, with criminal penalties, but permits disclosure to specified public officials or where the Minister considers disclosure in the public interest (see s 31).  \n- Requires annual reporting to the Minister on the operation of the Act and the costs of the Supervising Scientist’s activities; those reports are to be tabled in Parliament (see s 36).  \n- Allows the Governor‑General to make regulations and provides for staff to be engaged under the Public Service Act (see s 37, 8, 26).  \n\n**Who this affects**\n\n- Mining operators active in the Alligator Rivers Region — especially uranium miners — who are subject to research, monitoring, standards development and information‑gathering by the Supervising Scientist (see definition of \"uranium mining operations\" and s 5).  \n- Owners and occupiers of land and premises in the Region (including on Aboriginal land): the Act gives the Supervising Scientist access rights (s 29) and a route to court orders for access (s 30).  \n- Commonwealth and Northern Territory public authorities, and nominated external bodies, who provide members to the Advisory and Technical Committees and who may be required to produce information (s 18–22C, s 27).  \n- The Minister and the Department responsible for the Act, who receive reports, direct the Supervising Scientist, and make appointments (s 7, 18(1), 36(5)).  \n- Appropriate Aboriginal Land Councils, which have a formal nomination role for Committee membership and a statutory role in defining which Land Council is \"appropriate\" for the Region (s 3, s 18, s 22C).  \n\n**Why it matters (purpose claims and how the Act operates in practice)**\n\n- The Act’s stated purpose is to protect the environment in the Alligator Rivers Region from the effects of mining operations by establishing a specialist scientific office and research institute, supported by advisory committees (see long title, s 5, s 23).  \n- Mechanisms that implement that purpose include: targeted research programs; standards and procedures development; supervision of implementation of requirements under other laws or instruments; information‑gathering and access powers; and public reporting (s 5, 5A, 27–30, 36).  \n\n**Costs, incentives and trade‑offs (practical effects)**\n\n- Compliance and information costs fall primarily on mining operators and any other persons or bodies holding relevant information or documents: the Supervising Scientist can require material in writing and pursue Supreme Court orders to enforce compliance (s 27–28).  \n- Access powers create a potential constraint on occupiers’ control of premises in the Region: consent is required but, if withheld, the Supervising Scientist may seek a court order for entry where it is shown to be necessary for a statutory purpose (s 29–30).  \n- The Minister has appointment, direction and exclusion powers (appointing committee chairs, giving directions under s 7, and specifying areas excluded from certain functions under s 5A and s 24A). That centralises decision‑making and creates a single point where policy and operational priorities are set (s 7, 18(1A), 5A(2), 24A(2)).  \n- The Act builds safeguards for confidentiality (criminal penalties for unauthorised disclosure, s 31), which can protect commercially sensitive information but may also limit wider public disclosure of environmental data unless the Minister permits it or disclosure is required by other law.  \n- The Institute may undertake commercial environmental research outside the Region or for other clients to the extent permitted by Commonwealth legislative powers (s 24B). That allows cost‑recovery or revenue‑generating activity but raises potential conflicts between commercial work and the Institute’s monitoring/advisory role if not managed.  \n\n**Effects on private enterprise and markets**\n\n- Firms active in the Region face additional administrative obligations (document requests, potential site access) and possible reputational effects from Supervising Scientist reports that are tabled in Parliament (s 27, s 36).  \n- The Minister’s nomination process requires the Minister to keep a list of interested Departments, authorities and corporations and request nominations; those nominated entities may gain committee representation (s 18(2)). That creates a direct channel for industry and other interested bodies to participate in advisory processes — a concentrated stakeholder benefit — while the compliance costs are more diffuse across operators and occupiers.  \n\n**Implementation, discretion and compliance risk**\n\n- The Supervising Scientist is subject to ministerial direction (s 7) and may delegate powers (s 35), so operational decisions combine statutory independence with executive control.  \n- Enforcement of information and access powers depends on court processes; delays or contestation in the Supreme Court of the Northern Territory may affect timeliness (s 28, s 30).  \n- Confidentiality offences carry criminal sanctions, which increases the legal risk for staff and may constrain information flows to third parties (s 31).  \n\n**Concentrated benefits and capture risks**\n\n- The Act creates formal roles for industry, government and an Aboriginal Land Council in committee membership and nomination processes (s 18, s 22C). That produces concentrated voice for those nominated parties; the text gives the Minister discretion over appointments and procedural rules (s 18(1), s 22(4)), which creates a plausible channel for influence that is structural (appointment/nomination mechanics are explicit in the Act).  \n\n**Key cross‑references and limits**\n\n- The Act relies on, and interacts with, other Commonwealth and Northern Territory laws: e.g. the Aboriginal Land Rights (Northern Territory) Act 1976 (nominations and access to Aboriginal land), the Public Service Act 1999 (engagement of staff), the Environment Protection and Biodiversity Conservation Act 1999 (management plans for Commonwealth reserves — s 34), the Atomic Energy Act 1953 (authorities under s 41 included among prescribed instruments), and the Criminal Code (Chapter 2 applies to offences — s 3A).  \n\n**Bottom line — who pays, who decides, what changes**\n\n- Who pays: the Commonwealth (Supervising Scientist and Institute costs are reported annually and tabled) and mining operators (compliance, information-gathering and potential access facilitation costs).  \n- Who decides: the Minister (appointment, directions, regulation, and some disclosure decisions), the Supervising Scientist (scientific program design and operational enforcement), and committees (advice and technical recommendations).  \n- What behaviour changes: operators must supply information, permit research and monitoring activities, and align to standards and procedures that the Supervising Scientist develops or supervises; occupiers may face Court-ordered access in specified circumstances.\n\n(References: definitions and scope — s 3; Supervising Scientist functions — s 5, 5A, 5B; committees — s 16–22F; Institute — s 23–25; information and access powers and court enforcement — s 27–30; secrecy — s 31; reports — s 36; ministerial directions — s 7; appointments — s 18; regulations — s 37.)"},"kimi_summary":{"_metrics":{"completionTokens":748},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally focused solely on uranium mining in the Alligator Rivers Region following the Ranger Inquiry. Significantly expanded through amendments to cover: (1) general mining operations in conservation zones (sections 5A, 24A), (2) environmental matters outside the Region (section 5B), and (3) commercial research activities (section 24B). The Supervising Scientist's role has evolved from regional uranium monitor to broader environmental advisor with national reach."},"complexity_factors":["Multiple overlapping definitions with cross-references to external legislation (Aboriginal Land Rights Act, EPBC Act, Atomic Energy Act 1953)","Geographic definition relies on external map from 1977 Ranger Inquiry report with multiple boundary adjustments (paragraphs (aa)-(ad))","Nested conditional functions for Supervising Scientist (uranium mining vs general mining vs outside Region) with Minister override powers","Dual committee structure with distinct but related functions and overlapping membership categories","Complex secrecy provisions with multiple exceptions and evidential burden notes under Criminal Code","Court enforcement mechanisms requiring Supreme Court applications with specific procedural safeguards","Multiple 'prescribed instrument' definitions creating dynamic references to future laws and agreements"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special environmental watchdog for the **Alligator Rivers Region** in the Northern Territory — a unique legal framework designed specifically to protect this area from the environmental impacts of **uranium mining**.\n\n**Key players and what they do:**\n\n- **The Supervising Scientist** — A senior public servant who oversees all environmental protection in the Region. They:\n  - Develop and coordinate research programs on mining's environmental effects\n  - Set standards and practices for protecting the environment\n  - Advise the federal Minister on environmental matters\n  - Can demand information and documents from anyone, and seek court orders if refused\n  - Has power to enter buildings and places (even on Aboriginal land)\n\n- **The Alligator Rivers Region Research Institute** — A research body managed by the Supervising Scientist that conducts environmental research, including commercial work for others\n\n- **Two Committees**:\n  - **Advisory Committee** — A broad consultation forum including the Supervising Scientist, Director of National Parks, Northern Territory representative, Aboriginal Land Council representative, an environmental organisation representative, and other stakeholders\n  - **Technical Committee** — A smaller expert body that reviews research programs and recommends what research is needed\n\n**What area does it cover?**\n\nThe \"Alligator Rivers Region\" is defined by reference to a map from the 1977 Ranger Uranium Environmental Inquiry, plus additional specified areas including Gimbat, Goodparla, and adjacent seas. It includes Kakadu National Park and surrounds.\n\n**Why it matters:**\n\nThis was Australia's response to the **Ranger Inquiry** — a landmark investigation into uranium mining at Kakadu. The Act creates an unusually powerful, independent scientific overseer with:\n- Direct access to enforce information-gathering\n- Ability to override normal Aboriginal land access restrictions\n- Mandatory annual reporting to Parliament\n- Strict secrecy provisions (6 months imprisonment for unauthorised disclosure)\n\nThe Act has been amended over time to also cover **general mining** (not just uranium) in **conservation zones**, and to allow the Supervising Scientist to advise on environmental matters **outside** the Region."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act focused narrowly on uranium mining operations in the Alligator Rivers Region. Over time, the scope expanded to include: general (non-uranium) mining operations in conservation zones (sections 5A and 24A); the ability of the Supervising Scientist to provide scientific advice on environmental matters entirely outside the Region (section 5B); and the Research Institute's capacity to undertake commercial environmental research for outside clients (section 24B). The Ministerial power to exclude areas from oversight, and the addition of a separate Technical Committee alongside the original Advisory Committee, also represent structural changes from the original narrower purpose."},"complexity_factors":["Multiple interlocking bodies (Supervising Scientist, Advisory Committee, Technical Committee, Research Institute) with overlapping but distinct functions","Extensive cross-referencing to other legislation (Aboriginal Land Rights Act, EPBC Act, Atomic Energy Act, Conservation Commission Act NT, Public Service Act, Criminal Code)","Complex geographic definition of 'Alligator Rivers Region' requiring reference to a scheduled map and multiple coordinates","Dual regulatory tracks: uranium mining across the whole Region vs. general mining only in conservation zones, with Ministerial override powers","Layered membership, appointment, deputy, and conflict-of-interest rules for two separate committees","Ministerial discretion exercisable at multiple points (directions, exclusions, appointments, public interest disclosures) creating unpredictability","Constitutional hedging in sections 5B and 24B listing multiple heads of Commonwealth legislative power to justify extended functions outside the Region","Secrecy provisions with nuanced exceptions and reversed evidential burden (defendant must prove an exception applies)","Interaction between Commonwealth and Northern Territory laws (particularly on Aboriginal land access)"],"plain_english_summary":"This 1978 law creates an independent scientific watchdog—the Supervising Scientist, supported by advisory and technical committees and a research institute—to monitor and manage environmental impacts of uranium (and certain other) mining in the Alligator Rivers Region. It gives the office powers to require information, seek site access, and set research and oversight standards while protecting confidentiality and operating under ministerial direction.\n\nIt affects mining companies, Traditional Owners and Land Councils, the NT government, environmental groups, researchers, and the public by providing independent monitoring, compliance oversight, and annual public reporting."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"s3 - definition of 'conservation zone'","severity":"high","reasoning":"The use of 'was' rather than 'is or was' creates a temporal absurdity. The Supervising Scientist and Institute have functions 'in relation to general mining operations in a conservation zone', but if a conservation zone must have formerly existed under the repealed 1975 Act, no new conservation zones can ever be added to the regime, and the functional scope is frozen at a historical snapshot with no mechanism to expand it.","confidence":0.82,"description":"A 'conservation zone' is defined as an area that 'was' a conservation zone under the National Parks and Wildlife Conservation Act 1975. The past tense means the definition exclusively captures areas that were formerly conservation zones but no longer are. Any currently active conservation zone would arguably fall outside the definition, rendering the entire conservation zone framework in ss 5A and 24A potentially inoperable."},{"type":"other","section":"s3 - definition of 'mineral'","severity":"medium","reasoning":"Without any qualification (e.g., inorganic, extracted from the earth for commercial purposes), the definition is so expansive as to be practically unworkable. Water mining, air extraction, or soil removal could all technically constitute 'mining operations' under this Act, vastly expanding the Supervising Scientist's jurisdiction beyond any rational legislative intent.","confidence":0.75,"description":"Mineral is defined as 'a naturally occurring substance or mixture of substances' — an extraordinarily broad definition that would encompass water, air, soil, organic matter, petroleum, and virtually any naturally occurring compound. This renders the distinction between 'general mining operations' and 'uranium mining operations' potentially meaningless since uranium-bearing ore is already a naturally occurring substance captured by the base definition."},{"type":"impossible_compliance","section":"s3 - definition of 'Alligator Rivers Region' paragraphs (ac) and (ad)","severity":"medium","reasoning":"The description is self-referential and incomplete. 'All other sides by part of the boundary of the area referred to in paragraph (a)' does not identify which part of that boundary applies. Regulators, miners, and courts cannot determine with certainty whether specific land falls within the Region, undermining the entire enforcement framework.","confidence":0.7,"description":"Paragraphs (ac) and (ad) define areas bounded partly by 'part of the boundary of the area referred to in paragraph (a)' without specifying which part. An area cannot be bounded 'on all other sides' by an unspecified portion of another boundary. This creates geometric indeterminacy — the boundaries cannot be ascertained from the text alone, making the territorial extent of the Region legally uncertain."},{"type":"retroactive_impossibility","section":"s5A(2)-(3) and s24A(2)-(3)","severity":"high","reasoning":"A direction given before the commencement of s5A(2) could not logically have specified an area 'in relation to which the Supervising Scientist does not have those functions' under s5A(1), because those functions did not exist at the time of the direction. The retroactive application of the carve-out to pre-commencement directions is logically impossible — a person cannot direct someone not to perform functions that do not yet exist.","confidence":0.78,"description":"The Minister can give a direction under s7 (which concerns the Supervising Scientist's functions and powers generally) to strip the Supervising Scientist of conservation zone functions under s5A. Section 5A(3) expressly provides this applies to directions given before the commencement of that subsection — meaning a general ministerial direction given before s5A even existed could retroactively remove functions that did not yet exist at the time the direction was given."},{"type":"impossible_compliance","section":"s20(2) / s22E(2) - conflict of interest disclosure","severity":"medium","reasoning":"The obligation to disclose 'as soon as possible after the relevant facts have come to his or her knowledge' conflicts with the requirement that disclosure occur 'at a meeting'. If facts come to the member's knowledge between meetings, the 'as soon as possible' obligation cannot be fulfilled through the prescribed mechanism. Non-compliance triggers mandatory termination under s20(1), creating a trap for members acting in good faith.","confidence":0.72,"description":"Section 20(2) requires a member to disclose a pecuniary interest 'at a meeting of the Committee'. However, if the member has a conflict of interest in a matter 'about to be considered', they may be required to disclose before any meeting occurs — yet the only mechanism for disclosure is at a meeting. If no meeting is scheduled, the member cannot comply with the obligation to disclose 'as soon as possible'."},{"type":"self_contradicting","section":"s29(1) - access requiring consent","severity":"medium","reasoning":"Access that requires consent is not 'full and free'. The section's heading and language suggest a robust right of entry, but the consent requirement negates this. Section 30 provides a court order mechanism, but the delay involved means time-sensitive environmental inspections could be frustrated. The characterisation of consent-dependent entry as 'full and free access' is a logical absurdity.","confidence":0.85,"description":"The Supervising Scientist's right of access to all buildings and places in the Region is explicitly conditioned on 'the consent of the occupier'. This means it is not actually a right of access at all — it is merely a right to request access. Calling it 'full and free access' while making it entirely dependent on consent is internally contradictory and effectively illusory as an enforcement tool."},{"type":"self_contradicting","section":"s31(2) and s31(2A) - secrecy provisions","severity":"low","reasoning":"The Supervising Scientist's core functions under ss 5, 5A, and 5B involve collecting, assessing, and communicating information. Any record-making or communication done in furtherance of those functions would fall within s31(2A). The substantive prohibition therefore applies only to a vanishingly narrow category of conduct outside all functions, making the criminal penalty largely theoretical.","confidence":0.68,"description":"Section 31(2) prohibits the Supervising Scientist from making a record of information concerning the affairs of any other person acquired by reason of their office. Section 31(2A) exempts acts done 'in the performance of a function or duty under or in connection with this Act'. Since virtually every information-gathering act by the Supervising Scientist is a function under this Act, the prohibition is almost entirely consumed by the exception, rendering the secrecy obligation near-meaningless in practice."},{"type":"other","section":"s36(6) - fictional year","severity":"low","reasoning":"While legislative deeming provisions are common, deeming an arbitrarily short period to be a 'year' creates reporting obligations that are performatively absurd — reporting on 'the operation of this Act during the year' when the Act may have been in force for days. This is a low-severity drafting absurdity with no ongoing practical consequence.","confidence":0.65,"description":"Section 36(6) deems the period from Royal Assent to 30 June 1978 to be 'a year' for reporting purposes, regardless of its actual duration. If the Act received Royal Assent on 29 June 1978, a period of two days would be legislatively deemed a year. This is a retroactive impossibility given the Act was passed in 1978 — the period is now fixed historically but the legal fiction remains on the face of the Act."}],"contradictions":[{"severity":"high","section_a":"s7 - Directions of Minister","section_b":"s5 - Functions of Supervising Scientist","confidence":0.8,"description":"Section 7 requires the Supervising Scientist to comply with all ministerial directions 'in relation to the performance of his or her functions or the exercise of his or her powers' without limitation. However, s5 confers specific statutory functions on the Supervising Scientist. A ministerial direction that prevented the Supervising Scientist from performing a mandatory statutory function (e.g., advising the Minister under s5(e)) would be directly contradictory — the statute both imposes the function and allows it to be negated by direction."},{"severity":"medium","section_a":"s5(d) - Supervising Scientist to 'co-ordinate and supervise' implementation","section_b":"s5A(d) - Supervising Scientist to 'consider and review' implementation","confidence":0.75,"description":"For uranium mining operations in the Region (s5(d)), the Supervising Scientist has a strong function to 'co-ordinate, and supervise' implementation of requirements. For general mining in conservation zones (s5A(d)), the equivalent function is merely to 'consider, and review' implementation. This asymmetry is not explained and creates an inconsistent regulatory regime where uranium mining attracts more active oversight than general mining, which may be environmentally counterproductive and creates uncertainty about the Supervising Scientist's actual authority in each context."},{"severity":"high","section_a":"s18(1)(a) - Supervising Scientist is a member of Advisory Committee","section_b":"s18(1A) - Supervising Scientist cannot be Chairperson","confidence":0.85,"description":"The Supervising Scientist is a mandatory member of the Advisory Committee under s18(1)(a) but is expressly excluded from being Chairperson under s18(1A). However, s22(6) provides that if the Chairperson is absent, 'the members present shall elect one of their number to preside'. Since the Supervising Scientist is 'one of their number', the members could elect the Supervising Scientist to preside — directly contradicting the s18(1A) prohibition on the Supervising Scientist serving as Chairperson."},{"severity":"high","section_a":"s18(4) - appointed member holds office 'during the pleasure of the Minister'","section_b":"s18(5) - Minister cannot terminate without nomination body's request or s20(1) obligation","confidence":0.88,"description":"Section 18(4) states an appointed member holds office 'during the pleasure of the Minister', which at common law means dismissible at will without cause. Section 18(5) then substantially restricts this by prohibiting termination of nominated members without either a mandatory ground (s20(1)) or a written request from the nominating body. These provisions are directly contradictory — s18(4) grants absolute discretion while s18(5) substantially fetters it, creating uncertainty about the Minister's actual power."},{"severity":"medium","section_a":"s22(4) - quorum determined by Minister","section_b":"s22(1) - Committee must hold meetings necessary for its functions","confidence":0.72,"description":"Section 22(4) gives the Minister power to determine the quorum required for Advisory Committee meetings. If the Minister sets a quorum that equals or exceeds the total number of members, or fails to set a quorum at all, the Committee cannot validly meet. This conflicts with s22(1)'s mandatory obligation on the Committee to hold meetings necessary for performing its functions — the Committee's ability to fulfil a statutory obligation is entirely dependent on the Minister's exercise of a separate discretionary power."},{"severity":"low","section_a":"s31(2) - secrecy obligation on Supervising Scientist","section_b":"s36(2)(a) - annual report must set out all ministerial directions","confidence":0.6,"description":"Section 31(2) prohibits the Supervising Scientist from divulging information acquired by reason of office. Section 36(2)(a) mandates the annual report must set out 'all directions given under section 7 by the Minister'. If a ministerial direction under s7 relates to the affairs of a third party (e.g., directing how to treat information about a mining company), publishing that direction in the annual report could breach the s31(2) secrecy obligation. Section 31(2A) may partially resolve this, but the tension is not expressly addressed."},{"severity":"medium","section_a":"s29(1) - access requires consent of occupier","section_b":"s29(2) - access applies to Aboriginal land notwithstanding s70(1) of ALRA","confidence":0.78,"description":"Section 29(1) conditions access on the 'consent of the occupier'. Section 29(2) states that this access right applies to Aboriginal land notwithstanding s70(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (which restricts entry to Aboriginal land). However, if consent of the occupier is still required under s29(1), then s29(2)'s overriding of the ALRA is largely hollow — the Aboriginal landholder/occupier could still refuse consent, and the ALRA override adds nothing if the general consent requirement already applies."}]}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-alligator-rivers-region-act-1978","history":"/api/acts/environment-protection-alligator-rivers-region-act-1978/history","analysis":"/api/acts/environment-protection-alligator-rivers-region-act-1978/analysis","conflicts":"/api/acts/environment-protection-alligator-rivers-region-act-1978/conflicts","importantCases":"/api/acts/environment-protection-alligator-rivers-region-act-1978/important-cases","documents":"/api/acts/environment-protection-alligator-rivers-region-act-1978/documents"}}