{"id":"qld:act-2007-004","name":"Nuclear Facilities Prohibition Act 2007","slug":"nuclear-facilities-prohibition-act-2007","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"4 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30229,"registerId":"qld-act-2007-004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Nuclear Facilities Prohibition Act 2007 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose of Act and its achievement","content":"### sec.3 Purpose of Act and its achievement\n\nThe purpose of this Act is to help protect the health, safety and welfare of the people of Queensland.\nThe purpose is achieved primarily by prohibiting the construction and operation of particular nuclear reactors and other facilities in the nuclear fuel cycle.\n(sec.3-ssec.1) The purpose of this Act is to help protect the health, safety and welfare of the people of Queensland.\n(sec.3-ssec.2) The purpose is achieved primarily by prohibiting the construction and operation of particular nuclear reactors and other facilities in the nuclear fuel cycle.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relationship with other Acts or laws","content":"### sec.5 Relationship with other Acts or laws\n\nThis Act applies despite any other Act or law.\nNothing in this Act affects the operation of the Radiation Safety Act 1999 .\ns 5 amd 2012 No. 10 s 38\n(sec.5-ssec.1) This Act applies despite any other Act or law.\n(sec.5-ssec.2) Nothing in this Act affects the operation of the Radiation Safety Act 1999 .","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Prohibition on particular nuclear facilities","content":"# Prohibition on particular nuclear facilities","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Prohibition on constructing or operating particular nuclear facilities","content":"### sec.7 Prohibition on constructing or operating particular nuclear facilities\n\nA person must not construct or operate a nuclear facility.\nMaximum penalty—1665 penalty units.\nThis provision is an executive liability provision—see section 22 .\nHowever, subsection (1) does not apply if the facility is for—\nthe storage or disposal of radioactive waste material resulting from the use of nuclear material for research or medical purposes; or\nanother purpose authorised under the Radiation Safety Act 1999 ; or\nthe operation of a nuclear powered vessel.\ns 7 amd 2013 No. 51 s 229 sch 1\n(sec.7-ssec.1) A person must not construct or operate a nuclear facility. Maximum penalty—1665 penalty units. This provision is an executive liability provision—see section 22 .\n(sec.7-ssec.2) However, subsection (1) does not apply if the facility is for— the storage or disposal of radioactive waste material resulting from the use of nuclear material for research or medical purposes; or another purpose authorised under the Radiation Safety Act 1999 ; or the operation of a nuclear powered vessel.\n- (a) the storage or disposal of radioactive waste material resulting from the use of nuclear material for research or medical purposes; or\n- (b) another purpose authorised under the Radiation Safety Act 1999 ; or\n- (c) the operation of a nuclear powered vessel.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"No development approval or mining tenement for a nuclear facility","content":"### sec.8 No development approval or mining tenement for a nuclear facility\n\nA development approval does not authorise the construction of a nuclear facility.\nA mining tenement under the Mineral Resources Act 1989 does not authorise the construction or operation of a nuclear facility.\nSubsections (1) and (2) apply whether the approval or tenement was granted before or after the commencement.\nIn this section—\ndevelopment approval means a development approval under the Planning Act 2016 or a PDA development approval under the Economic Development Act 2012.\ns 8 amd 2007 No. 41 s 243 ; 2009 No. 36 s 872 sch 2 ; 2012 No. 43 s 221 sch 1 ; 2016 No. 27 s 340\n(sec.8-ssec.1) A development approval does not authorise the construction of a nuclear facility.\n(sec.8-ssec.2) A mining tenement under the Mineral Resources Act 1989 does not authorise the construction or operation of a nuclear facility.\n(sec.8-ssec.3) Subsections (1) and (2) apply whether the approval or tenement was granted before or after the commencement.\n(sec.8-ssec.4) In this section— development approval means a development approval under the Planning Act 2016 or a PDA development approval under the Economic Development Act 2012.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"No generating authority for a nuclear reactor","content":"### sec.9 No generating authority for a nuclear reactor\n\nA generating authority under the Electricity Act 1994 does not authorise the connection, under that Act, of generating plant to a transmission grid or supply network if a nuclear reactor is used for, or in connection with, the plant.\nSubsection (1) applies whether the authority was granted before or after the commencement.\n(sec.9-ssec.1) A generating authority under the Electricity Act 1994 does not authorise the connection, under that Act, of generating plant to a transmission grid or supply network if a nuclear reactor is used for, or in connection with, the plant.\n(sec.9-ssec.2) Subsection (1) applies whether the authority was granted before or after the commencement.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":11},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Orders to enforce Act","content":"## Orders to enforce Act","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Starting proceeding for order","content":"### sec.10 Starting proceeding for order\n\nA person may start a proceeding in the court—\nfor an order (an enforcement order ) to remedy or restrain the commission of an offence against this Act; or\nif the person has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 11 (an interim enforcement order ); or\nto cancel or change an order.\nA proceeding for an enforcement order may be started whether or not a right of the applicant has been, or may be, infringed by, or because of, the commission of the offence.\nIf the chief executive is not a party to a proceeding for an enforcement order, the applicant must, within 7 days after starting the proceeding, give the chief executive notice of the proceeding.\nMaximum penalty—20 penalty units.\nThe Minister or the chief executive may elect to be a party to the proceeding the subject of the notice by filing in the court a notice of election in the form approved by the chief executive.\nIn this section—\nperson includes a body of persons, whether incorporated or unincorporated.\n(sec.10-ssec.1) A person may start a proceeding in the court— for an order (an enforcement order ) to remedy or restrain the commission of an offence against this Act; or if the person has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 11 (an interim enforcement order ); or to cancel or change an order.\n(sec.10-ssec.2) A proceeding for an enforcement order may be started whether or not a right of the applicant has been, or may be, infringed by, or because of, the commission of the offence.\n(sec.10-ssec.3) If the chief executive is not a party to a proceeding for an enforcement order, the applicant must, within 7 days after starting the proceeding, give the chief executive notice of the proceeding. Maximum penalty—20 penalty units.\n(sec.10-ssec.4) The Minister or the chief executive may elect to be a party to the proceeding the subject of the notice by filing in the court a notice of election in the form approved by the chief executive.\n(sec.10-ssec.5) In this section— person includes a body of persons, whether incorporated or unincorporated.\n- (a) for an order (an enforcement order ) to remedy or restrain the commission of an offence against this Act; or\n- (b) if the person has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 11 (an interim enforcement order ); or\n- (c) to cancel or change an order.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Making interim enforcement order","content":"### sec.11 Making interim enforcement order\n\nThe court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\nThe court may make the order subject to conditions.\nHowever, a condition can not require the applicant to give an undertaking about damages.\n(sec.11-ssec.1) The court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\n(sec.11-ssec.2) The court may make the order subject to conditions.\n(sec.11-ssec.3) However, a condition can not require the applicant to give an undertaking about damages.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Making enforcement order","content":"### sec.12 Making enforcement order\n\nThe court may make an enforcement order if the court is satisfied the relevant offence—\nis being, or has been, committed; or\nwill be committed unless the enforcement order is made.\nIf the court is satisfied the offence is being or has been committed, it may make the order whether or not there has been a prosecution for the offence.\n(sec.12-ssec.1) The court may make an enforcement order if the court is satisfied the relevant offence— is being, or has been, committed; or will be committed unless the enforcement order is made.\n(sec.12-ssec.2) If the court is satisfied the offence is being or has been committed, it may make the order whether or not there has been a prosecution for the offence.\n- (a) is being, or has been, committed; or\n- (b) will be committed unless the enforcement order is made.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Effect of an order","content":"### sec.13 Effect of an order\n\nAn order may direct a party to the proceeding for the order—\nto stop an activity that constitutes, or will constitute, an offence against this Act; or\nnot to start an activity that will constitute an offence against this Act; or\nto do anything required to stop committing an offence against this Act; or\nto return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or\nto do anything to comply with this Act.\nWithout limiting the court’s powers, an order may require the repair, demolition or removal of a building.\nAn order—\nmay be in terms the court considers appropriate to secure compliance with this Act; and\nmust state the time by which the order is to be complied with.\nA person must not contravene an order.\nMaximum penalty for subsection (4) —3000 penalty units or 2 years imprisonment.\nThis provision is an executive liability provision—see section 22 .\ns 13 amd 2013 No. 51 s 229 sch 1\n(sec.13-ssec.1) An order may direct a party to the proceeding for the order— to stop an activity that constitutes, or will constitute, an offence against this Act; or not to start an activity that will constitute an offence against this Act; or to do anything required to stop committing an offence against this Act; or to return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or to do anything to comply with this Act.\n(sec.13-ssec.2) Without limiting the court’s powers, an order may require the repair, demolition or removal of a building.\n(sec.13-ssec.3) An order— may be in terms the court considers appropriate to secure compliance with this Act; and must state the time by which the order is to be complied with.\n(sec.13-ssec.4) A person must not contravene an order. Maximum penalty for subsection (4) —3000 penalty units or 2 years imprisonment. This provision is an executive liability provision—see section 22 .\n- (a) to stop an activity that constitutes, or will constitute, an offence against this Act; or\n- (b) not to start an activity that will constitute an offence against this Act; or\n- (c) to do anything required to stop committing an offence against this Act; or\n- (d) to return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or\n- (e) to do anything to comply with this Act.\n- (a) may be in terms the court considers appropriate to secure compliance with this Act; and\n- (b) must state the time by which the order is to be complied with.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Court’s powers about orders","content":"### sec.14 Court’s powers about orders\n\nThe court’s power to make an order to stop, or not to start, an activity may be exercised—\nwhether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; and\nwhether or not the relevant person has previously engaged in an activity of the same type; and\nwhether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person engages, or continues to engage, in the activity.\nThe court’s power to make an order to do anything may be exercised—\nwhether or not it appears to the court that the relevant person intends to fail, or to continue to fail, to do the thing; and\nwhether or not the relevant person has previously failed to do a thing of the same type; and\nwhether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person fails, or continues to fail, to do the thing.\nThe court may cancel or change an order.\nThe court’s powers under this section are in addition to, and do not limit, its other powers.\nIn this section—\nenvironment see the Environmental Protection Act 1994 , section 8 .\n(sec.14-ssec.1) The court’s power to make an order to stop, or not to start, an activity may be exercised— whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; and whether or not the relevant person has previously engaged in an activity of the same type; and whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person engages, or continues to engage, in the activity.\n(sec.14-ssec.2) The court’s power to make an order to do anything may be exercised— whether or not it appears to the court that the relevant person intends to fail, or to continue to fail, to do the thing; and whether or not the relevant person has previously failed to do a thing of the same type; and whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person fails, or continues to fail, to do the thing.\n(sec.14-ssec.3) The court may cancel or change an order.\n(sec.14-ssec.4) The court’s powers under this section are in addition to, and do not limit, its other powers.\n(sec.14-ssec.5) In this section— environment see the Environmental Protection Act 1994 , section 8 .\n- (a) whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; and\n- (b) whether or not the relevant person has previously engaged in an activity of the same type; and\n- (c) whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person engages, or continues to engage, in the activity.\n- (a) whether or not it appears to the court that the relevant person intends to fail, or to continue to fail, to do the thing; and\n- (b) whether or not the relevant person has previously failed to do a thing of the same type; and\n- (c) whether or not there is danger of substantial damage to the environment or the health, safety or welfare of anyone else if the relevant person fails, or continues to fail, to do the thing.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Effect of enforcement order requiring restoration or rehabilitation of land","content":"### sec.15 Effect of enforcement order requiring restoration or rehabilitation of land\n\nThis section applies if—\nthe court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and\nthe declared person has an interest in the land; and\nthe order states that this section applies to the land.\nThe applicant must, as soon as practicable after the making of the order, give the chief executive—\na notice stating that the order has been made; and\na copy of the order.\nMaximum penalty—20 penalty units.\nSubsection (4) applies if the declared person transfers to another person (the transferee ), in any way, all or part of the declared person’s interest in the land.\nTo the extent the transferred interest in the land is the subject of the order, on the transfer—\na reference in the order to the declared person is taken to be a reference to the transferee; and\nthe order is taken to have been made against the transferee on the transfer of the interest; and\nany outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee.\nIf it is not reasonably practical for the transferee to comply with the order within the period stated in it, the transferee may apply to the court, under section 10 (1) (c) , to extend the period.\nTo remove any doubt, it is declared that on the transfer of the interest, the declared person is not criminally liable for a contravention of the order that happens on or after the transfer of the interest.\nSubsections (4) to (6) have effect for each successor in title to the transferee’s interest in the same way the subsections had effect for the transferee.\n(sec.15-ssec.1) This section applies if— the court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and the declared person has an interest in the land; and the order states that this section applies to the land.\n(sec.15-ssec.2) The applicant must, as soon as practicable after the making of the order, give the chief executive— a notice stating that the order has been made; and a copy of the order. Maximum penalty—20 penalty units.\n(sec.15-ssec.3) Subsection (4) applies if the declared person transfers to another person (the transferee ), in any way, all or part of the declared person’s interest in the land.\n(sec.15-ssec.4) To the extent the transferred interest in the land is the subject of the order, on the transfer— a reference in the order to the declared person is taken to be a reference to the transferee; and the order is taken to have been made against the transferee on the transfer of the interest; and any outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee.\n(sec.15-ssec.5) If it is not reasonably practical for the transferee to comply with the order within the period stated in it, the transferee may apply to the court, under section 10 (1) (c) , to extend the period.\n(sec.15-ssec.6) To remove any doubt, it is declared that on the transfer of the interest, the declared person is not criminally liable for a contravention of the order that happens on or after the transfer of the interest.\n(sec.15-ssec.7) Subsections (4) to (6) have effect for each successor in title to the transferee’s interest in the same way the subsections had effect for the transferee.\n- (a) the court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and\n- (b) the declared person has an interest in the land; and\n- (c) the order states that this section applies to the land.\n- (a) a notice stating that the order has been made; and\n- (b) a copy of the order.\n- (a) a reference in the order to the declared person is taken to be a reference to the transferee; and\n- (b) the order is taken to have been made against the transferee on the transfer of the interest; and\n- (c) any outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Record of enforcement order requiring restoration or rehabilitation of land","content":"### sec.16 Record of enforcement order requiring restoration or rehabilitation of land\n\nAs soon as practicable after receiving a notice under section 15 (2) , the chief executive must give the registrar notice of the making of the enforcement order the subject of the notice.\nThe registrar must keep records showing that the order has been made.\nThe registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the order will show that the order has been made.\n(sec.16-ssec.1) As soon as practicable after receiving a notice under section 15 (2) , the chief executive must give the registrar notice of the making of the enforcement order the subject of the notice.\n(sec.16-ssec.2) The registrar must keep records showing that the order has been made.\n(sec.16-ssec.3) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the order will show that the order has been made.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application for removal of particulars of enforcement order from registrar’s records","content":"### sec.17 Application for removal of particulars of enforcement order from registrar’s records\n\nThis section applies to a person who—\nhas an interest in land that is the subject of an enforcement order to which section 15 applies; and\nwishes to have the particulars of the order removed from the registrar’s records because—\nthe court has cancelled the order; or\nthe order has been substantially complied with; or\nthe person proposes alternative measures for ensuring the land is restored or rehabilitated.\na covenant registered under the Land Title Act 1994\nThe person may apply to the chief executive for the particulars of the order to be removed from the registrar’s records (a removal application ).\nThe application must be written and accompanied by, according to the circumstances—\nevidence of the cancellation of the order; or\nthe information or documents the person relies on to establish substantial compliance with the order; or\ndetails of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.\n(sec.17-ssec.1) This section applies to a person who— has an interest in land that is the subject of an enforcement order to which section 15 applies; and wishes to have the particulars of the order removed from the registrar’s records because— the court has cancelled the order; or the order has been substantially complied with; or the person proposes alternative measures for ensuring the land is restored or rehabilitated. a covenant registered under the Land Title Act 1994\n(sec.17-ssec.2) The person may apply to the chief executive for the particulars of the order to be removed from the registrar’s records (a removal application ).\n(sec.17-ssec.3) The application must be written and accompanied by, according to the circumstances— evidence of the cancellation of the order; or the information or documents the person relies on to establish substantial compliance with the order; or details of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.\n- (a) has an interest in land that is the subject of an enforcement order to which section 15 applies; and\n- (b) wishes to have the particulars of the order removed from the registrar’s records because— (i) the court has cancelled the order; or (ii) the order has been substantially complied with; or (iii) the person proposes alternative measures for ensuring the land is restored or rehabilitated. Example of alternative measures— a covenant registered under the Land Title Act 1994\n- (i) the court has cancelled the order; or\n- (ii) the order has been substantially complied with; or\n- (iii) the person proposes alternative measures for ensuring the land is restored or rehabilitated. Example of alternative measures— a covenant registered under the Land Title Act 1994\n- (i) the court has cancelled the order; or\n- (ii) the order has been substantially complied with; or\n- (iii) the person proposes alternative measures for ensuring the land is restored or rehabilitated. Example of alternative measures— a covenant registered under the Land Title Act 1994\n- (a) evidence of the cancellation of the order; or\n- (b) the information or documents the person relies on to establish substantial compliance with the order; or\n- (c) details of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Dealing with removal application","content":"### sec.18 Dealing with removal application\n\nIf a person makes a removal application for an enforcement order in relation to land the subject of the order, the chief executive must, within 6 weeks after receiving the application—\ndecide whether or not the chief executive is reasonably satisfied, according to the circumstances, that—\nthe court has cancelled the order; or\nthe order has been substantially complied with; or\nthe alternative measures proposed by the person will ensure the land will be restored or rehabilitated; and\neither—\napprove the application, with or without conditions to be complied with before particulars of the order may be removed from the registrar’s records; or\nrefuse to approve the application.\nAs soon as practicable after acting under subsection (1) , the chief executive must—\ngive the person an information notice; and\nif the chief executive approves the application without conditions—give notice of that fact to the registrar.\nIf the chief executive approves the application with conditions and is reasonably satisfied they have been complied with, the chief executive must, as soon as practicable, give notice of that fact to the registrar.\nAs soon as practicable after receiving a notice under subsection (2) (b) or (3) , the registrar must remove the particulars of the order from the registrar’s records.\nAs soon as the particulars of the order have been removed from the registrar’s records, the order is taken to have been complied with.\nIn this section—\ninformation notice means a notice stating—\nthe chief executive’s decision under subsection (1) , and the reasons for it; and\nif the decision is to refuse to approve the application or to approve it with conditions—\nthat the person may appeal against the decision to the court within 28 days after the person receives the notice; and\nhow to appeal.\n(sec.18-ssec.1) If a person makes a removal application for an enforcement order in relation to land the subject of the order, the chief executive must, within 6 weeks after receiving the application— decide whether or not the chief executive is reasonably satisfied, according to the circumstances, that— the court has cancelled the order; or the order has been substantially complied with; or the alternative measures proposed by the person will ensure the land will be restored or rehabilitated; and either— approve the application, with or without conditions to be complied with before particulars of the order may be removed from the registrar’s records; or refuse to approve the application.\n(sec.18-ssec.2) As soon as practicable after acting under subsection (1) , the chief executive must— give the person an information notice; and if the chief executive approves the application without conditions—give notice of that fact to the registrar.\n(sec.18-ssec.3) If the chief executive approves the application with conditions and is reasonably satisfied they have been complied with, the chief executive must, as soon as practicable, give notice of that fact to the registrar.\n(sec.18-ssec.4) As soon as practicable after receiving a notice under subsection (2) (b) or (3) , the registrar must remove the particulars of the order from the registrar’s records.\n(sec.18-ssec.5) As soon as the particulars of the order have been removed from the registrar’s records, the order is taken to have been complied with.\n(sec.18-ssec.6) In this section— information notice means a notice stating— the chief executive’s decision under subsection (1) , and the reasons for it; and if the decision is to refuse to approve the application or to approve it with conditions— that the person may appeal against the decision to the court within 28 days after the person receives the notice; and how to appeal.\n- (a) decide whether or not the chief executive is reasonably satisfied, according to the circumstances, that— (i) the court has cancelled the order; or (ii) the order has been substantially complied with; or (iii) the alternative measures proposed by the person will ensure the land will be restored or rehabilitated; and\n- (i) the court has cancelled the order; or\n- (ii) the order has been substantially complied with; or\n- (iii) the alternative measures proposed by the person will ensure the land will be restored or rehabilitated; and\n- (b) either— (i) approve the application, with or without conditions to be complied with before particulars of the order may be removed from the registrar’s records; or (ii) refuse to approve the application.\n- (i) approve the application, with or without conditions to be complied with before particulars of the order may be removed from the registrar’s records; or\n- (ii) refuse to approve the application.\n- (i) the court has cancelled the order; or\n- (ii) the order has been substantially complied with; or\n- (iii) the alternative measures proposed by the person will ensure the land will be restored or rehabilitated; and\n- (i) approve the application, with or without conditions to be complied with before particulars of the order may be removed from the registrar’s records; or\n- (ii) refuse to approve the application.\n- (a) give the person an information notice; and\n- (b) if the chief executive approves the application without conditions—give notice of that fact to the registrar.\n- (a) the chief executive’s decision under subsection (1) , and the reasons for it; and\n- (b) if the decision is to refuse to approve the application or to approve it with conditions— (i) that the person may appeal against the decision to the court within 28 days after the person receives the notice; and (ii) how to appeal.\n- (i) that the person may appeal against the decision to the court within 28 days after the person receives the notice; and\n- (ii) how to appeal.\n- (i) that the person may appeal against the decision to the court within 28 days after the person receives the notice; and\n- (ii) how to appeal.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Appeal against refusal to approve removal or approval of removal with conditions","content":"### sec.19 Appeal against refusal to approve removal or approval of removal with conditions\n\nThis section applies if—\na person who has an interest in land that is the subject of an enforcement order makes a removal application for the order; and\nthe chief executive decides to refuse to approve the application or to approve it with conditions.\nThe person may appeal against the decision to the court within 28 days after the person receives an information notice about the decision, under section 18 (2) (a) .\nIf the person appeals against the decision, the court may make any order it considers appropriate, including, for example, an order directing the registrar to remove the particulars of the order from the registrar’s records.\nAs soon as the particulars of the order have been removed from the registrar’s records, the order is taken to have been complied with.\n(sec.19-ssec.1) This section applies if— a person who has an interest in land that is the subject of an enforcement order makes a removal application for the order; and the chief executive decides to refuse to approve the application or to approve it with conditions.\n(sec.19-ssec.2) The person may appeal against the decision to the court within 28 days after the person receives an information notice about the decision, under section 18 (2) (a) .\n(sec.19-ssec.3) If the person appeals against the decision, the court may make any order it considers appropriate, including, for example, an order directing the registrar to remove the particulars of the order from the registrar’s records.\n(sec.19-ssec.5) As soon as the particulars of the order have been removed from the registrar’s records, the order is taken to have been complied with.\n- (a) a person who has an interest in land that is the subject of an enforcement order makes a removal application for the order; and\n- (b) the chief executive decides to refuse to approve the application or to approve it with conditions.","sortOrder":22},{"sectionNumber":"sec.19A","sectionType":"section","heading":"How appeals under s 19 are started","content":"### sec.19A How appeals under s 19 are started\n\nAn appeal under section 19 is started by lodging a written notice of appeal with the registrar of the court.\nThe notice of appeal must be in the approved form and succinctly state the grounds of the appeal.\ns 19A ins 2016 No. 27 s 341\n(sec.19A-ssec.1) An appeal under section 19 is started by lodging a written notice of appeal with the registrar of the court.\n(sec.19A-ssec.2) The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.","sortOrder":23},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"General procedural provision","content":"## General procedural provision","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Representative proceedings","content":"### sec.20 Representative proceedings\n\nA person (the representative ) may start a proceeding for an order on behalf of an entity, with the entity’s consent.\nIf the entity is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\nThe representative is a party to the proceeding despite the proceeding having been started on behalf of the entity.\nThe entity is not a party to the proceeding.\nThe entity may contribute to, or pay, the legal costs incurred by the representative in relation to the proceeding.\n(sec.20-ssec.1) A person (the representative ) may start a proceeding for an order on behalf of an entity, with the entity’s consent.\n(sec.20-ssec.2) If the entity is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\n(sec.20-ssec.3) The representative is a party to the proceeding despite the proceeding having been started on behalf of the entity.\n(sec.20-ssec.4) The entity is not a party to the proceeding.\n(sec.20-ssec.5) The entity may contribute to, or pay, the legal costs incurred by the representative in relation to the proceeding.","sortOrder":25},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Plebiscite if the Commonwealth takes steps for a prohibited nuclear facility","content":"### sec.21 Plebiscite if the Commonwealth takes steps for a prohibited nuclear facility\n\nThis section applies if the Minister is satisfied the government of the Commonwealth has taken, or is likely to, take any step supporting or allowing the construction of a prohibited nuclear facility in Queensland.\nWithout limiting subsection (1) , the Minister may be satisfied as mentioned in subsection (1) if the Minister is satisfied the government of the Commonwealth—\nhas taken, or is likely to take, steps to make or amend a law of the Commonwealth or to exercise any power under a law of the Commonwealth to facilitate the construction of a prohibited nuclear facility in Queensland; or\nadopts a policy position of supporting or allowing the construction of a prohibited nuclear facility in Queensland.\nThe Minister must take steps for the conduct of a plebiscite in Queensland to obtain the views of the people of Queensland about the construction of a prohibited nuclear facility in Queensland.\nThe Minister must take the steps required by subsection (3) at a time the Minister considers most advantageous to the health, safety and welfare of the people of Queensland.\nIn this section—\nplebiscite includes a referendum under the Referendums Act 1997 or a plebiscite under an Act.\nprohibited nuclear facility means a nuclear facility for a purpose other than a purpose mentioned in section 7 (2) .\n(sec.21-ssec.1) This section applies if the Minister is satisfied the government of the Commonwealth has taken, or is likely to, take any step supporting or allowing the construction of a prohibited nuclear facility in Queensland.\n(sec.21-ssec.2) Without limiting subsection (1) , the Minister may be satisfied as mentioned in subsection (1) if the Minister is satisfied the government of the Commonwealth— has taken, or is likely to take, steps to make or amend a law of the Commonwealth or to exercise any power under a law of the Commonwealth to facilitate the construction of a prohibited nuclear facility in Queensland; or adopts a policy position of supporting or allowing the construction of a prohibited nuclear facility in Queensland.\n(sec.21-ssec.3) The Minister must take steps for the conduct of a plebiscite in Queensland to obtain the views of the people of Queensland about the construction of a prohibited nuclear facility in Queensland.\n(sec.21-ssec.4) The Minister must take the steps required by subsection (3) at a time the Minister considers most advantageous to the health, safety and welfare of the people of Queensland.\n(sec.21-ssec.5) In this section— plebiscite includes a referendum under the Referendums Act 1997 or a plebiscite under an Act. prohibited nuclear facility means a nuclear facility for a purpose other than a purpose mentioned in section 7 (2) .\n- (a) has taken, or is likely to take, steps to make or amend a law of the Commonwealth or to exercise any power under a law of the Commonwealth to facilitate the construction of a prohibited nuclear facility in Queensland; or\n- (b) adopts a policy position of supporting or allowing the construction of a prohibited nuclear facility in Queensland.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.22 Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means either of the following provisions—\nsection 7 (1)\nsection 13 (4) .\ns 22 sub 2013 No. 51 s 113\n(sec.22-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.22-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.22-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.22-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.22-ssec.5) In this section— executive liability provision means either of the following provisions— section 7 (1) section 13 (4) .\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n- • section 7 (1)\n- • section 13 (4) .","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.23 Indictable and summary offences\n\nAn offence against section 13 (4) is a misdemeanour.\nAny other offence against this Act is a summary offence.\ns 23 amd 2013 No. 51 s 114\n(sec.23-ssec.1) An offence against section 13 (4) is a misdemeanour.\n(sec.23-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Regulation-making power","content":"### sec.24 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may impose a penalty for a contravention of a provision of a regulation of no more than 20 penalty units.\n(sec.24-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.24-ssec.2) A regulation may impose a penalty for a contravention of a provision of a regulation of no more than 20 penalty units.","sortOrder":30}],"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"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4-ssec.1 and sec.4-ssec.2","severity":"high","reasoning":"Section 4(1) declares the Act binds the State. Section 4(2) then immunises the State from prosecution. Given that the primary enforcement mechanism of the Act is criminal penalty (s.7 - 1665 penalty units), a State actor constructing a nuclear facility would be simultaneously bound by the prohibition and immune from its only meaningful enforcement tool. Civil enforcement orders under Part 3 remain theoretically available, but the combined effect is that the State can breach the Act's core prohibition without criminal consequence, directly undermining the stated health and safety purpose in s.3.","confidence":0.85,"description":"The Act binds the State but simultaneously exempts it from prosecution. This creates a situation where the State is bound by the Act's prohibitions but faces zero criminal consequences for breaching them, rendering the prohibition meaningless as against the State."},{"type":"self_contradicting","section":"sec.5-ssec.1 and sec.5-ssec.2","severity":"medium","reasoning":"Section 5(1) asserts this Act prevails over all other Acts and laws. Section 5(2) then preserves the Radiation Safety Act 1999 from being affected by this Act. This is internally inconsistent: if s.5(1) means what it says, s.5(2) is superfluous; if s.5(2) carves out one Act from the supremacy in s.5(1), the scope of s.5(1) is uncertain and the word 'any' is misleading. Furthermore, s.7(2)(b) already exempts facilities authorised under the Radiation Safety Act 1999 from the prohibition, making the s.5(2) preservation clause partially redundant in any event.","confidence":0.78,"description":"The Act claims to apply 'despite any other Act or law' but then carves out the Radiation Safety Act 1999, creating an internally contradictory supremacy clause. The blanket override and the specific preservation cannot both be unconditionally true."},{"type":"impossible_compliance","section":"sec.21-ssec.3 and sec.21-ssec.4","severity":"medium","reasoning":"Section 21(3) imposes a duty on the Minister using the word 'must'. Section 21(4) then conditions the performance of that duty on the Minister's own subjective assessment of the most advantageous time for health, safety and welfare. There is no deadline, no fallback, and no oversight mechanism. A Minister could indefinitely defer a plebiscite on the basis that no moment has yet been 'most advantageous', converting a mandatory obligation into a discretionary one. The Act provides no remedy if the Minister never acts.","confidence":0.82,"description":"The Minister is simultaneously mandated to hold a plebiscite (a mandatory duty) but given unfettered discretion over the timing of that duty, including theoretically never acting if no timing is ever 'most advantageous'. The mandatory obligation is illusory."},{"type":"other","section":"sec.18-ssec.5 and sec.19-ssec.5","severity":"medium","reasoning":"Section 18(5) and s.19(4) both provide that once particulars are removed from the registrar's records, the order is 'taken to have been complied with'. However, under s.18(1)(a)(iii) and s.17(1)(b)(iii), removal can be granted on the basis of proposed alternative measures - i.e., measures not yet implemented. This means a court-ordered obligation to restore or rehabilitate land can be legally deemed 'complied with' before the land is actually restored, on the strength of a proposed future covenant. This undermines the remedial purpose of the enforcement order regime.","confidence":0.75,"description":"Both sections deem an enforcement order 'complied with' upon removal of registry particulars, even where the ground for removal is alternative measures being approved rather than actual compliance. This creates a legal fiction where an order is 'complied with' without actual compliance."},{"type":"retroactive_impossibility","section":"sec.8-ssec.3","severity":"medium","reasoning":"Section 8(3) expressly applies the nullification of development approvals and mining tenements 'whether the approval or tenement was granted before or after the commencement'. A holder of a pre-existing approval who had invested on the basis of that approval would find their rights retrospectively nullified. While this is a common legislative technique, the Act provides no transition period, no grandfathering, and no compensation, creating a legally significant retroactive impossibility for pre-existing rights holders.","confidence":0.65,"description":"The provision that development approvals and mining tenements granted before commencement cannot authorise nuclear facility construction has retroactive effect, potentially invalidating rights under instruments granted before the Act existed, without any compensation mechanism."},{"type":"impossible_compliance","section":"sec.13-ssec.1(d)","severity":"low","reasoning":"If a nuclear facility has been partially or fully constructed and potentially operated, returning the land to pre-construction condition involves managing radioactive contamination, decommissioning nuclear infrastructure, and remediation - processes that take decades and may be physically impossible to fully complete. The 'as close as practicable' qualifier partially addresses this but the provision does not acknowledge the unique impossibility characteristics of nuclear remediation, and it must be read alongside s.13(3)(b) which requires the order to 'state the time by which the order is to be complied with', potentially requiring an impossible deadline.","confidence":0.6,"description":"The court may order a party to 'return anything to a condition as close as practicable to the condition it was in immediately before an offence was committed' in the context of nuclear facility construction. Demolishing a nuclear facility and restoring land to pre-construction condition is an extraordinarily onerous and potentially radiologically hazardous requirement that may be impossible to comply with as stated."}],"contradictions":[{"severity":"medium","section_a":"sec.5-ssec.1","section_b":"sec.5-ssec.2","confidence":0.82,"description":"Section 5(1) asserts this Act applies despite any other Act or law, while s.5(2) preserves the Radiation Safety Act 1999 from being affected by this Act. These two provisions directly contradict each other: one declares total supremacy, the other creates an exception to it."},{"severity":"high","section_a":"sec.4-ssec.1","section_b":"sec.4-ssec.2","confidence":0.85,"description":"The Act binds the State (s.4(1)) yet exempts the State from prosecution (s.4(2)). The primary enforcement mechanism being criminal prosecution, the State is simultaneously a bound party and an effectively unenforceable one. The obligation is stated but the only practical consequence is removed."},{"severity":"medium","section_a":"sec.7-ssec.2(b)","section_b":"sec.5-ssec.1","confidence":0.72,"description":"Section 7(2)(b) exempts from the prohibition any facility for 'another purpose authorised under the Radiation Safety Act 1999', which effectively gives the Radiation Safety Act 1999 power to override the nuclear prohibition. This contradicts s.5(1)'s claim that this Act applies despite any other Act, since the Radiation Safety Act 1999 can, through its authorisations, effectively permit what this Act prohibits."},{"severity":"medium","section_a":"sec.21-ssec.3","section_b":"sec.21-ssec.4","confidence":0.8,"description":"Section 21(3) imposes a mandatory duty on the Minister to take steps for a plebiscite ('must'), while s.21(4) conditions performance of that duty on the Minister's subjective determination of the most advantageous time. The mandatory 'must' in s.21(3) is contradicted by the open-ended discretion in s.21(4) which permits indefinite deferral."},{"severity":"medium","section_a":"sec.3-ssec.2","section_b":"sec.7-ssec.2(c)","confidence":0.68,"description":"The purpose of the Act is to prohibit construction and operation of nuclear facilities in the nuclear fuel cycle, yet s.7(2)(c) expressly exempts 'the operation of a nuclear powered vessel'. A nuclear powered vessel operates a nuclear reactor - a core nuclear fuel cycle facility - in Queensland waters, directly contradicting the stated purpose of prohibiting nuclear fuel cycle operations."},{"severity":"low","section_a":"sec.10-ssec.1(b)","section_b":"sec.10-ssec.1(a)","confidence":0.55,"description":"Section 10(1)(b) allows a person to apply for an interim enforcement order only if they have already started a proceeding for an enforcement order under s.10(1)(a) and the court has not decided it. However, s.10(1) presents all three paragraphs as alternatives under 'a person may start a proceeding'. The internal cross-referencing creates a logical dependency that is inconsistent with the parallel structure of the subsection."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of prohibiting nuclear facilities in Queensland. While amendments have updated references to modern planning and land title legislation (e.g., Planning Act 2016 replacing earlier planning laws), the core prohibition and enforcement framework have not expanded beyond the original intent of maintaining Queensland as a nuclear-free jurisdiction."},"complexity_factors":["Moderate cross-referencing to other Queensland statutes (Radiation Safety Act 1999, Planning Act 2016, Electricity Act 1994, Mineral Resources Act 1989, Economic Development Act 2012, Environmental Protection Act 1994, Land Title Act 1994, Referendums Act 1997)","Executive liability provisions creating personal liability for corporate officers (section 22)","Complex enforcement mechanism involving court orders, land title recording, and successor-in-title liability (sections 15-19)","Conditional exceptions to the main prohibition requiring interpretation of 'nuclear facility' against excluded purposes (section 7(2))","Interaction between state and federal law (section 21 plebiscite trigger based on Commonwealth action)","Dual procedural pathways for enforcement (criminal penalties vs civil enforcement orders)"],"plain_english_summary":"This Queensland law bans nuclear facilities in the state to protect public health and safety.\n\n**What it does:**\n- **Prohibits building or operating nuclear facilities** (like nuclear reactors, uranium enrichment plants, or reprocessing facilities) anywhere in Queensland. Breaking this rule carries heavy fines (1,665 penalty units).\n- **Carves out limited exceptions** for:\n  - Storing or disposing of radioactive waste from medical or research use\n  - Activities already authorised under Queensland's Radiation Safety Act 1999\n  - Operating nuclear-powered vessels (like military submarines or ships)\n- **Blocks legal loopholes** by stating that existing development approvals, mining leases, and electricity generation licences do **not** allow nuclear facilities—even if those permits were granted before this law existed.\n- **Creates enforcement powers** allowing courts to issue orders stopping prohibited activities, requiring demolition of illegal structures, or forcing land restoration. These orders bind future landowners if the property is sold.\n- **Triggers a public vote** if the federal government tries to push nuclear development in Queensland. The Minister must hold a plebiscite (public referendum) to gauge community opinion.\n- **Holds company bosses personally liable** if their corporation breaks the law and they failed to take reasonable steps to prevent it.\n\n**Who it affects:**\n- Anyone wanting to build energy infrastructure, mining companies, property developers, and electricity generators.\n- Company directors and executives who could face personal penalties for corporate violations.\n- Queensland voters, who may be called to vote on nuclear issues if federal policy conflicts with this state ban.\n\n**Why it matters:**\nThis is one of Australia's strongest state-level prohibitions on nuclear power and nuclear fuel cycle activities. It prevents nuclear power plants from being built in Queensland and creates legal mechanisms to stop federal nuclear initiatives unless the public consents via referendum. The law prioritises state control over nuclear policy and embeds a \"nuclear-free\" status in Queensland's planning and environmental framework."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The statutory scope aligns with the Act’s stated purpose (s3): it prohibits construction and operation of defined nuclear facilities while specifying narrow exceptions (s7(2)). The Act extends that prohibition across planning, mining and electricity authorisations (s8–9), adds enforcement, recording and liability mechanisms (s10–19; s22), and provides a political check via a Ministerial plebiscite power if the Commonwealth acts (s21)."},"complexity_factors":["Broad criminal prohibition with substantial penalties and executive liability for corporate officers (s7; s13(4); s22).","Interplay and exceptions tied to other statutes: Radiation Safety Act 1999, Planning Act 2016, Mineral Resources Act 1989, Electricity Act 1994 (s5; s7(2); s8; s9).","Civil enforcement regime allowing third parties to seek interim and final orders, irrespective of private rights, plus high compliance penalties (s10–14; s13(4)).","Land-title consequences: mandatory notice to chief executive, registrar recording, transfer-triggered liabilities and a defined removal/appeal process (s15–19).","Significant administrative discretion for the chief executive and the Minister (plebiscite power) in resolving practical effects and timing (s18; s21).","Regulation-making power and mixed offence types (summary vs misdemeanour) affecting prosecution routes (s23; s24).","Provisions operate retrospectively to affect approvals/tenements/authorities granted before commencement (s8(3); s9(2)), increasing legal interaction complexity."],"plain_english_summary":"This Act makes it unlawful in Queensland to construct or operate a “nuclear facility”, with limited exceptions for storage/disposal of radioactive waste from medical or research uses, Radiation Safety Act–authorised activities and nuclear-powered vessels (s7). It strips development approvals, mining tenements and electricity generating authorities of any power to permit such facilities (s8–9), creates court enforcement orders, registrar recording and executive-officer liability with penalties, and requires the Minister to arrange a plebiscite if the Commonwealth takes steps to enable a prohibited facility (s10–22)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated purpose. It prohibits nuclear facilities in Queensland, provides robust enforcement tools, and includes a democratic safeguard against federal government override. The exceptions are narrow and purposeful. Subsequent amendments (noted in the text) were largely technical updates to cross-references as other Queensland laws were updated, not substantive expansions or contractions of the nuclear prohibition itself."},"complexity_factors":["Multiple layers of enforcement mechanisms: criminal penalties, civil enforcement orders, interim orders, and representative proceedings","Interaction with numerous other Queensland Acts (Radiation Safety Act, Planning Act, Economic Development Act, Mineral Resources Act, Electricity Act, Land Title Act, Environmental Protection Act, Referendums Act)","Corporate executive liability provisions requiring assessment of what constitutes 'reasonable steps' — a fact-dependent legal standard","Detailed land title registration regime for enforcement orders, including transfer of liability to successive landowners","Broad standing provisions allowing anyone (not just affected parties) to seek enforcement orders — unusual departure from normal legal standing rules","Constitutional tension: the Act purports to bind the Commonwealth 'to the extent legislative power permits', creating potential federal-state conflict","Plebiscite trigger mechanism involves ministerial discretion and judgement calls about Commonwealth intent","Distinction between summary and indictable (misdemeanour) offences creating different procedural pathways"],"plain_english_summary":"Queensland’s Nuclear Facilities Prohibition Act 2007 makes it illegal for anyone — individuals, companies, or government — to build or operate nuclear power plants or other nuclear‑fuel‑cycle facilities in the state, subject only to narrow exceptions (medical/research waste, authorised radiation activities, and nuclear ships). It creates criminal and civil penalties (including personal liability for company officers), lets any person seek court orders to stop or remedy breaches, and requires a public vote if the Commonwealth seeks to allow nuclear development."}},"importantCases":[],"_links":{"self":"/api/acts/nuclear-facilities-prohibition-act-2007","history":"/api/acts/nuclear-facilities-prohibition-act-2007/history","analysis":"/api/acts/nuclear-facilities-prohibition-act-2007/analysis","conflicts":"/api/acts/nuclear-facilities-prohibition-act-2007/conflicts","importantCases":"/api/acts/nuclear-facilities-prohibition-act-2007/important-cases","documents":"/api/acts/nuclear-facilities-prohibition-act-2007/documents"}}