{"id":"nuclear-waste-storage-facility-prohibition-act-2000","name":"Nuclear Waste Storage Facility (Prohibition) Act 2000","slug":"nuclear-waste-storage-facility-prohibition-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106140,"registerId":"sa-nuclear-waste-storage-facility-prohibition-act-2000-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Nuclear Waste Storage Facility (Prohibition) Act 2000","content":"South Australia\nNuclear Waste Storage Facility (Prohibition) Act 2000\nAn Act to prohibit the establishment of certain nuclear waste storage facilities in South Australia; and for other purposes.\n\nContents\n1\tShort title\n3\tObjects of Act\n4\tInterpretation\n5\tAct binds Crown\n6\tApplication of Act\n7\tEffect of Act\n8\tProhibition against construction or operation of nuclear waste storage facility\n9\tProhibition against importation or transportation of nuclear waste for delivery to nuclear waste storage facility\n10\tOffences by body corporate\n11\tPowers of public authority\n12\tOrders by court against offenders\n13\tNo public money to be used to encourage or finance construction or operation of nuclear waste storage facility\n14\tPublic inquiry into environmental and socio-economic impact of nuclear waste storage facility\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Nuclear Waste Storage Facility (Prohibition) Act 2000.\n3—Objects of Act\nThe objects of this Act are to protect the health, safety and welfare of the people of South Australia and to protect the environment in which they live by prohibiting the establishment of certain nuclear waste storage facilities in this State.\n4—Interpretation\nIn this Act—\nCode of Practice means the Code of Practice for the Near-Surface Disposal of Radioactive Waste in Australia (1992) approved by the National Health and Medical Research Council and published by the Australian Government Publishing Service as Radiation Health Series No. 35 (ISBN 0 644 28673 3);\nenvironmental harm has the same meaning as in the Environment Protection Act 1993;\nionizing radiation has the same meaning as in the Radiation Protection and Control Act 1982;\nnuclear waste means—\n\t(a)\tCategory A, Category B or Category C radioactive waste as defined in the Code of Practice; or\n\t(b)\tany waste material that contains a radioactive substance and is derived from—\n\t(i)\tthe operations or decommissioning of—\n\t(A)\ta nuclear reactor; or\n\t(B)\ta nuclear weapons facility; or\n\t(C)\ta radioisotope production facility; or\n\t(D)\ta uranium enrichment plant; or\n\t(ii)\tthe testing, use or decommissioning of nuclear weapons; or\n\t(iii)\tthe conditioning or reprocessing of spent nuclear fuel;\nnuclear waste storage facility means any installation for the storage or disposal of nuclear waste;\npublic authority has the same meaning as in the Environment Protection Act 1993;\nradioactive substance means any substance that spontaneously emits ionizing radiation.\n5—Act binds Crown\nThis Act binds the Crown in right of the State and, in so far as the legislative power of the State permits, in all its other capacities.\n6—Application of Act\nThis Act does not apply in relation to—\n\t(a)\tnuclear waste lawfully stored in the State before the commencement of this Act; or\n\t(b)\tnuclear waste—\n\t(i)\tfrom radioactive material that has been used or handled in accordance with the Radiation Protection and Control Act 1982 pursuant to a licence, permit or other authority granted under that Act; and\n\t(ii)\tthe storage or disposal of which has been authorised by or under that Act.\n7—Effect of Act\nThis Act has effect despite any other Act or law.\n8—Prohibition against construction or operation of nuclear waste storage facility\nA person must not construct or operate a nuclear waste storage facility.\nMaximum penalty: \nIn the case of a natural person—$500 000 or imprisonment for 10 years.\nIn the case of a body corporate—$5 000 000.\n9—Prohibition against importation or transportation of nuclear waste for delivery to nuclear waste storage facility\nA person must not—\n\t(a)\tbring nuclear waste into the State; or\n\t(b)\ttransport nuclear waste within the State,\nfor delivery to a nuclear waste storage facility in the State.\nMaximum penalty: \nIn the case of a natural person—$500 000 or imprisonment for 10 years.\nIn the case of a body corporate—$5 000 000.\n10—Offences by body corporate\n\t(1)\tIf a body corporate is guilty of an offence against this Act, each person who is a director of the body corporate or a person concerned in the management of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless it is proved that the person could not by the exercise of reasonable diligence have prevented the commission of the offence by the body corporate.\n\t(2)\tA person referred to in subsection (1) may be prosecuted and convicted of an offence against that subsection whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.\n11—Powers of public authority\nA public authority may do one or more of the following:\n\t(a)\tremove a nuclear waste storage facility constructed or operated in contravention of this Act;\n\t(b)\tmake good any environmental harm resulting from the construction or operation of that facility;\n\t(c)\tprevent or mitigate any future environmental harm resulting from the construction or operation of that facility.\n12—Orders by court against offenders\n\t(1)\tIf, in proceedings for an offence against this Act, the court finds the defendant guilty of a contravention of this Act, the court may, in addition to any penalty it may impose, do one or more of the following:\n\t(a)\torder the defendant to take specified action to—\n\t(i)\tremove a nuclear waste storage facility constructed or operated in contravention of this Act;\n\t(ii)\tmake good any environmental harm resulting from the construction or operation of that facility;\n\t(iii)\tprevent or mitigate any future environmental harm resulting from the construction or operation of that facility;\n\t(b)\torder the defendant to take specified action to publicise the contravention and its environmental and other consequences and any other orders made against the defendant;\n\t(c)\torder the defendant to pay—\n\t(i)\tto a public authority that has incurred costs or expenses in taking action of a kind referred to in section 11 as a result of the contravention; and\n\t(ii)\tto any person who has suffered injury or loss or damage to property as a result of the contravention, or incurred costs or expenses in taking action to prevent or mitigate such injury, loss or damage,\nthe reasonable costs and expenses so incurred, or compensation for the injury, loss or damage so suffered, as the case may be, in such amount as is determined by the court.\n\t(2)\tThe court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.\n13—No public money to be used to encourage or finance construction or operation of nuclear waste storage facility\n\t(1)\tDespite any other Act or law to the contrary, no public money may be appropriated, expended or advanced to any person for the purpose of encouraging or financing any activity associated with the construction or operation of a nuclear waste storage facility in this State.\n\t(2)\tSubsection (1) does not prohibit the appropriation, expenditure or advancement to a person of public money for the purpose of financing the maintenance or sharing of information or to enable the State to engage with other jurisdictions.\n14—Public inquiry into environmental and socio-economic impact of nuclear waste storage facility\nIf a licence, exemption or other authority to construct or operate a nuclear waste storage facility in this State is granted under a law of the Commonwealth, the Environment, Resources and Development Committee of Parliament must inquire into, consider and report on the likely impact of that facility on the environment and socio-economic wellbeing of this State.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2000\n68\nNuclear Waste Storage Facility (Prohibition) Act 2000\n30.11.2000\n25.1.2001 (Gazette 25.1.2001 p300)\n2003\n1\nNuclear Waste Storage Facility (Prohibition) Amendment Act 2003\n27.3.2003\n27.3.2003\n2003\n22\nNuclear Waste Storage Facility (Prohibition) (Miscellaneous) Amendment Act 2003\n18.7.2003\n18.7.2003\n2016\n17\nNuclear Waste Storage Facility (Prohibition) (Public Money) Amendment Act 2016\n21.4.2016\n21.4.2016 except s 4—9.5.2016 (Gazette 9.5.2016 p1388)\n2017\n60\nNuclear Waste Storage Facility (Prohibition) (Public Money) Amendment Act 2017\n12.12.2017\n12.12.2017\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n18.7.2003\ns 4\n\n\nCode of Practice\ninserted by 1/2003 s 2(a)\n27.3.2003\nnuclear waste\nsubstituted by 1/2003 s 2(b)\n27.3.2003\ns 13\n\n\ns 13(1)\ns 13 redesignated as s 13(1) by 17/2016 s 4\n9.5.2016\ns 13(2)\ninserted by 17/2016 s 4\n9.5.2016\n\nsubstituted by 60/2017 s 3\n12.12.2017\ns 15\ninserted by 1/2003 s 3\n27.3.2003\n\ndeleted by 22/2003 s 3\n18.7.2003\nHistorical versions\nReprint No 1—27.3.2003\n\nReprint No 2—18.7.2003\n\n9.5.2016\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's core prohibition on constructing, operating, importing or transporting nuclear waste for delivery to a facility remains central (ss 8–9). Amendments recorded in the legislative history modified scope in at least two ways: (1) the 2003 amendments inserted a specific reference to the 1992 Code of Practice and revised the statutory definition of \"nuclear waste\" (s 4 as varied by 1/2003), thereby tying coverage to categories in that Code; and (2) the 2016 and 2017 amendments reworked section 13 to prohibit the use of public money to encourage or finance such facilities while creating a narrow exception for maintenance, information sharing and inter‑jurisdictional engagement (s 13(1)–(2) as inserted/varied by 17/2016 and 60/2017). The Act also preserves certain pre‑existing lawful storage and activity authorised under the Radiation Protection and Control Act (s 6). These changes altered the practical reach of the prohibition by clarifying definitions and by adding fiscal constraints and limited exceptions."},"complexity_factors":["Clear, limited subject-matter: single prohibition regime covering construction, operation, import and transport (ss 8–9).","Detailed definitions that rely on an external Code of Practice to categorise \"nuclear waste\" (s 4).","Criminal penalties and parallel corporate-officer liability with a reasonable-diligence defence (ss 8–10).","Enforcement mechanisms spanning administrative action by public authorities and remedial orders by courts (ss 11–12).","Interaction with other laws and jurisdictions: express primacy (s 7), carve-outs for pre-existing lawful storage and Radiation Protection Act authorisations (s 6), and a parliamentary inquiry if Commonwealth authorises a facility (s 14).","Restriction on public funding with a limited exception, creating fiscal and policy constraints (s 13)."],"plain_english_summary":"# What this law does (mechanical summary)\n\n- The Act makes it illegal to build or operate any nuclear waste storage facility in South Australia (s 8).  A \"nuclear waste storage facility\" is any installation for storage or disposal of nuclear waste (s 4).\n- The Act also makes it illegal to bring nuclear waste into South Australia or transport it within the State for delivery to such a facility (s 9).\n- \"Nuclear waste\" is defined by reference to categories in a 1992 Code of Practice and by listing activities that generate radioactive waste (s 4).\n- The Act applies to the State and Crown (s 5) and operates despite other laws (s 7), but it does not apply to nuclear waste lawfully stored before the Act started or to waste lawfully stored or authorised under the Radiation Protection and Control Act 1982 (s 6).\n- Serious criminal penalties attach to breaches: for natural persons up to $500,000 or 10 years' imprisonment; for bodies corporate up to $5,000,000 (ss 8–9). Directors and managers can be prosecuted for corporate breaches unless they prove they could not have prevented the offence by reasonable diligence (s 10).\n- Public authorities may remove illegally constructed or operated facilities, fix environmental harm and take steps to prevent future harm (s 11). Courts can order offenders to remove facilities, remediate, publicise the contravention, or pay costs, compensation or other remedies (s 12).\n- The Act bars the appropriation or use of public money to encourage or finance construction or operation of a nuclear waste storage facility (s 13(1)). An exception allows use of public money for maintenance, information sharing or to enable the State to engage with other jurisdictions (s 13(2)).\n- If the Commonwealth grants a licence or other authority for such a facility, a parliamentary committee must inquire into the likely environmental and socio‑economic impacts on the State (s 14).\n\n# Who this affects\n\n- Individuals or companies that would construct, operate, transport to or import nuclear waste into South Australia (ss 8–9).\n- Directors and senior managers of corporations that are involved in such activities (s 10).\n- Public authorities called on to remove facilities or remediate harm and courts tasked with enforcement (ss 11–12).\n- The State budget and agencies are constrained from using public funds to encourage or finance these activities (s 13).\n\n# Why it matters (official purpose and practical implications)\n\n- Officially, the Act aims to protect public health, safety and the environment by prohibiting certain nuclear waste facilities in South Australia (s 3). That is the stated purpose; the rest of the Act implements that purpose by creating prohibitions, penalties and enforcement mechanisms.\n\n- Who pays: direct financial costs fall on offenders through fines and civil compensation ordered by courts (ss 8–9, s 12(c)). If a public authority acts to remove or remediate an illegal facility, it will incur costs (s 11), but the court may order the offender to reimburse those costs (s 12(1)(c)(i)).\n\n- Incentives and behaviour changes: the absolute criminal prohibitions (ss 8–9) and high penalties create a strong deterrent against construction, operation and transport/import for delivery to a facility. Corporate officers face personal liability unless they can show reasonable diligence (s 10), which raises compliance and governance pressures within companies considering related activity.\n\n- Compliance burden: regulated parties face an absolute ban rather than permit conditions; that shifts the compliance question from meeting standards to avoiding prohibited activity entirely (ss 8–9). The diligence defence for officers (s 10) creates evidential and governance obligations for directors and managers.\n\n- Bureaucratic discretion and enforcement: public authorities have express powers to remove unlawful facilities and remedy harm (s 11). Courts have broad remedial powers in addition to penalties (s 12). These provisions give administrators and judges discretion in how removal and remediation are carried out and in setting compliance periods (s 12(2)).\n\n- Effects on private choice and markets: by prohibiting construction, operation and delivery of nuclear waste storage facilities, the Act prevents private firms from offering such services in South Australia and prevents related transport and import activity (ss 8–9). That forecloses potential commercial opportunities in waste storage and related services within the State, and may redirect waste-management activity to other jurisdictions.\n\n# Trade-offs, costs and risks (mechanisms, not judgments)\n\n- Trade-offs and opportunity costs: the State forgoes any local economic activity, investment or fees that might have come from hosting a nuclear waste facility; that is a direct consequence of the statutory ban (s 8). The statute's prohibition may produce economic benefits elsewhere (out of State) as waste is managed there instead.\n\n- Concentrated benefits and diffuse costs: the stated protective benefits (s 3) are diffuse (general public safety and environment), while costs concentrate on firms, directors and any party that would have contracted to host or transport waste. Litigation, remediation and enforcement costs concentrate on offenders and on public authorities that must act to remove or remediate (ss 11–12).\n\n- Substitution effects: because imports or in‑State transport for delivery are prohibited (s 9), generators of nuclear waste will need alternative routes—continued on‑site storage, interstate transfer where permitted, or overseas management—subject to other laws and logistics.\n\n- Implementation risks: the Act asserts primacy over other laws (s 7), but also recognises some lawful pre‑existing storage and activity authorised under the Radiation Protection and Control Act (s 6). If the Commonwealth grants authority to construct or operate a facility, the Act requires a parliamentary inquiry (s 14), which creates a legislated oversight step but does not itself override Commonwealth powers.\n\n# Key statutory points to watch (section references)\n\n- Absolute prohibitions and penalties (ss 8–9).\n- Definitions that determine coverage (s 4), including reliance on an external Code of Practice (inserted 2003) for waste categories.\n- Director/manager liability and the reasonable‑diligence defence (s 10).\n- Public authority powers to remove and remediate (s 11) and court orders to require removal, remediation and compensation (s 12).\n- Restriction on use of public money to encourage or finance facilities, with a narrow exception for maintenance, information sharing and inter‑jurisdictional engagement (s 13).\n- Requirement for parliamentary committee inquiry if the Commonwealth grants authority (s 14)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prohibiting nuclear waste storage facilities in South Australia. The 2016 and 2017 amendments refined the public money prohibition to allow information sharing and inter-jurisdictional engagement, but this was a clarification rather than an expansion of scope. No mission creep is evident."},"complexity_factors":["Short statute with only 14 operative sections (one section omitted, one deleted)","Minimal cross-referencing—only three external statutes referenced (Environment Protection Act 1993, Radiation Protection and Control Act 1982, and a 1992 Code of Practice)","Simple conditional structure with straightforward prohibitions and limited exceptions (sections 6 and 13(2))","Only 6 defined terms in the interpretation section","No nested exceptions or complex conditional logic—exceptions are clearly delineated and self-contained","Clear penalty structure with natural person/corporate distinction","Legislative history shows minimal amendment activity (four amendment acts over 17 years, mostly minor)"],"plain_english_summary":"This South Australian law bans nuclear waste dumps in the state. It makes it a serious criminal offence—carrying up to 10 years in prison and massive fines—to build or run a facility that stores nuclear waste, or to bring nuclear waste into South Australia for that purpose. The law also stops the government from spending public money to support such facilities, though it allows funding for information sharing and discussions with other states or territories. If someone breaks the law, courts can order them to clean up the mess, pay compensation to affected people, and publicly admit what they did. The law doesn't apply to nuclear waste that was already stored in South Australia before 2001, or to small-scale radioactive materials used in hospitals and industry under existing radiation safety laws. If the federal government ever approves a nuclear waste facility in South Australia, this law triggers a mandatory parliamentary inquiry into the environmental and social impacts."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from the original intent — no legislative text, explanatory memorandum, or amendment history was provided. The page returned a 404 error. Any scope assessment would be speculation based solely on the Act's title."},"complexity_factors":["No legislative text was available for analysis — only a 'Page Not Found' error page was provided","The title alone suggests a relatively straightforward prohibition-style act, which would typically be low complexity","Potential constitutional complexity (Commonwealth vs. state jurisdiction over nuclear matters) is inferred from context but cannot be confirmed without the actual text","Score reflects inability to assess true complexity due to missing content, not the inherent simplicity of the subject matter"],"plain_english_summary":"## ⚠️ Content Unavailable\n\n**The actual text of this legislation could not be retrieved.** The source URL returned a 'Page Not Found' error, meaning the full content of the *Nuclear Waste Storage Facility (Prohibition) Act 2000* (SA) was not provided for analysis.\n\n### What we can tell you from the title alone:\n- This is a **South Australian state law** passed in **2000**\n- Its title strongly suggests it **prohibits the establishment of nuclear waste storage facilities** within South Australia\n- It would likely affect **anyone seeking to build, operate, or licence** a nuclear waste storage site in SA — including the Commonwealth (federal) government, private companies, and local councils\n- South Australia has historically been a flashpoint in national debates about nuclear waste, given proposals to use remote SA land for storage — this law appears to be a state-level political response to those proposals\n\n### Why it may matter to you:\n- If you live in SA, this law shapes whether a nuclear dump could ever be built in your state\n- It raises complex questions about **federal vs. state powers** (the Commonwealth may have overriding authority over nuclear matters under the Australian Constitution)\n\n> ⚠️ **This summary is based on the Act's title only.** No substantive legal analysis of the Act's actual provisions, definitions, penalties, or scope has been possible. Please access the Act directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) for accurate information."}},"importantCases":[],"_links":{"self":"/api/acts/nuclear-waste-storage-facility-prohibition-act-2000","history":"/api/acts/nuclear-waste-storage-facility-prohibition-act-2000/history","analysis":"/api/acts/nuclear-waste-storage-facility-prohibition-act-2000/analysis","conflicts":"/api/acts/nuclear-waste-storage-facility-prohibition-act-2000/conflicts","importantCases":"/api/acts/nuclear-waste-storage-facility-prohibition-act-2000/important-cases","documents":"/api/acts/nuclear-waste-storage-facility-prohibition-act-2000/documents"}}