{"id":"nuclear-waste-transport-storage-and-disposal-prohibition-act-2004","name":"Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004","slug":"nuclear-waste-transport-storage-and-disposal-prohibition-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30447,"registerId":"nt-nuclear-waste-transport-storage-and-disposal-prohibition-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nNUCLEAR WASTE TRANSPORT, STORAGE AND DISPOSAL\n(PROHIBITION) ACT 2004\nAs in force at 1 July 2024\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\n3 Objects ............................................................................................ 2\n4 Act binds Crown .............................................................................. 2\n5 Application of Act ............................................................................. 2\nPart 2 Prohibition of certain nuclear activities\n6 Constructing or operating nuclear waste storage facility\nprohibited ......................................................................................... 4\n7 Importing nuclear waste prohibited .................................................. 4\nPart 3 Enforcement and legal proceedings\n8 Injunctions ....................................................................................... 4\n9 Minister may authorise action to be taken ....................................... 5\n10 Conduct of representatives .............................................................. 5\n11 Liability of executive officers of body corporate ............................... 6\n12 Additional court orders ..................................................................... 6\nPart 4 Miscellaneous provisions\n13 Public moneys not to be used for prohibited activities ..................... 7\n14 Public inquiry into impact of nuclear waste storage facility .............. 7\n15 Regulations...................................................................................... 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nNUCLEAR WASTE TRANSPORT, STORAGE AND DISPOSAL\n(PROHIBITION) ACT 2004\nAn Act to prohibit the transport into the Territory, and the storage and\ndisposal in the Territory, of certain nuclear waste, and for related\npurposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Nuclear Waste Transport, Storage and\nDisposal (Prohibition) Act 2004.\n2 Definitions\nIn this Act, unless the contrary intention appears:\nCode of Practice means the Code of practice for the near-surface\ndisposal of radioactive waste in Australia (1992) approved by the\nNational Health and Medical Research Council and published by\nthe Australian Government Publishing Service as Radiation Health\nSeries No. 35 (ISBN 0 644 28673 3).\nexecutive officer, of a body corporate, means a person who is\nconcerned with, or takes part in, the management of the body\ncorporate, (whether or not the person is a director or the person's\nposition is given the name of executive officer), and includes a\nconstituent member of a body corporate incorporated for a public\npurpose by a law of the Commonwealth or a State or Territory.\nnuclear plant means a nuclear reactor, radioisotope enrichment\nplant involved in the enrichment of uranium or plutonium, nuclear\nreprocessing plant or nuclear weapons facility, whether or not it is a\nplace to which this Act applies.\nnuclear waste means:\n(a) Category A, B, C or S radioactive waste within the meaning of\nthe Code of Practice; or\n\nPart 1 Preliminary\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 2\n(b) waste material that contains radioactive material derived from:\n(i) the operation or decommissioning of a nuclear plant;\n(ii) the testing, use or decommissioning of nuclear weapons;\nor\n(iii) the conditioning or reprocessing of spent nuclear fuel.\nnuclear waste storage facility means an installation for the\nstorage or disposal of nuclear waste.\nradioactive material means any material that spontaneously emits\nionising radiation as a consequence of nuclear transformation.\n3 Objects\nThe objects of this Act are to protect the safety, health and welfare\nof the people of the Territory and the environment in which they live\nby prohibiting:\n(a) the construction or operation of a nuclear waste storage\nfacility in the Territory; and\n(b) the transportation of nuclear waste into the Territory for\nstorage at a nuclear waste storage facility in the Territory.\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n5 Application of Act\n(1) A provision of this Act relating to the transport, storage or disposal\nof nuclear waste does not have any effect to the extent it is\ninconsistent with a law of the Commonwealth but the provision must\nnot be taken to be inconsistent with that law if it can be complied\nwith without contravention of that law.\n(2) Subject to this section, this Act applies in relation to all nuclear\nwaste, whether originating inside or outside the Territory.\n(3) This Act does not apply in relation to the following:\n(a) nuclear waste that was lawfully stored in the Territory before\nthe commencement of this Act;\n\nPart 1 Preliminary\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 3\n(b) nuclear waste produced in the Territory that is stored or\ndisposed of in accordance with the Radiation Protection\nAct 2004;\n(c) mining activity in the Territory related to uranium ores or\nuranium oxide (U3O 8) under the Environment Protection\nAct 2019;\n(d) the possession, packaging, storage or transportation of\nuranium ores or uranium oxide (U3O 8) under the Radioactive\nOres and Concentrates (Packaging and Transport) Act 1980;\n(e) nuclear waste produced incidentally from the operation or\nmaintenance of a pipeline in the Territory conveying petroleum\nor other energy-producing hydrocarbons;\n(f) nuclear waste produced incidentally from the exploration for,\nor the recovery or exploitation of, petroleum or other energy-\nproducing hydrocarbons in the Territory.\n(4) This Act does not apply in relation to nuclear waste transported into\nthe Territory if the nuclear waste is produced incidentally from:\n(a) the operation or maintenance of a pipeline conveying\npetroleum or other energy-producing hydrocarbons into the\nTerritory; or\n(b) the exploration for, or the recovery or exploitation of,\npetroleum or other energy-producing hydrocarbons at a\nprescribed project that:\n(i) delivers significant economic and social benefits to the\nTerritory; and\n(ii) is located in a prescribed sedimentary basin within an\noffshore area or within 800 km seaward of the closest\npoint on the Territorial Sea Baseline.\n(5) In this section:\noffshore area, see section 7 of the Offshore Petroleum and\nGreenhouse Gas Storage Act 2006 (Cth).\nTerritorial Sea Baseline means the baseline in relation to the\nNorthern Territory, from which the breadth of the territorial sea is\nmeasured, determined in accordance with sections 7, 10, 11 and 12\nof the Seas and Submerged Lands (Territorial Sea Baseline)\nProclamation 2016, made under section 7 of the Seas and\nSubmerged Lands Act 1973 (Cth).\n\nPart 3 Enforcement and legal proceedings\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 4\nPart 2 Prohibition of certain nuclear activities\n6 Constructing or operating nuclear waste storage facility\nprohibited\n(1) A person must not construct or operate a nuclear waste storage\nfacility.\n(2) An offence against subsection (1) is an environmental offence\nlevel 1.\n7 Importing nuclear waste prohibited\n(1) A person must not transport nuclear waste into the Territory for\nstorage at a nuclear waste storage facility in the Territory.\n(2) An offence against subsection (1) is an environmental offence\nlevel 1.\nPart 3 Enforcement and legal proceedings\n8 Injunctions\n(1) The Minister may apply to the Supreme Court for an injunction to\nprevent a person from doing anything that:\n(a) would involve the construction or operation of a nuclear waste\nstorage facility in the Territory;\n(b) would involve the use of any place in the Territory for the\nstorage or disposal of nuclear waste;\n(c) would involve the transport of nuclear waste into the Territory\nfor storage at a nuclear waste storage facility in the Territory;\nor\n(d) would facilitate or provide help in relation to anything\nmentioned in paragraph (a), (b) or (c).\n(2) It is not necessary for the Minister to prove the act or failure sought\nto be prevented by the injunction has previously occurred or would,\nif the injunction were not granted, be likely to occur or continue.\n(3) An interim injunction may be granted before final determination of\nthe application.\n(4) The Court must not require, as a condition of granting an interim\ninjunction, that an undertaking be given for damages or costs.\n\nPart 3 Enforcement and legal proceedings\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 5\n(5) The taking of a proceeding against a person for an offence under\nthis Act is not affected by:\n(a) the making of the application for an injunction;\n(b) the grant or refusal of an injunction on the application; or\n(c) the rescission, variation or expiry of an injunction granted on\nthe application.\n9 Minister may authorise action to be taken\nAn employee, agent or contractor of the Territory authorised by the\nMinister may do one or more of the following:\n(a) remove a nuclear waste storage facility constructed or\noperated in contravention of this Act;\n(b) make good any environmental harm resulting from the\nconstruction or operation of the facility;\n(c) prevent or mitigate any future environmental harm resulting\nfrom the construction or operation of the facility.\n10 Conduct of representatives\n(1) If, in a proceeding for an offence against this Act, it is necessary to\nestablish a person's state of mind in relation to particular conduct, it\nis sufficient to show:\n(a) the conduct was engaged in by a representative of the person,\nwithin the scope of the representative's actual or apparent\nauthority; and\n(b) the representative had that state of mind.\n(2) For a proceeding for an offence against this Act, conduct engaged\nin on behalf of a person by a representative within the scope of the\nrepresentative's actual or apparent authority is taken to have been\nengaged in also by the person.\n(3) However, a natural person is not liable to be punished by\nimprisonment for an offence against this Act if the person would not\nhave been found guilty of the offence if subsection (1) or (2) had not\nbeen enacted.\n(4) In this section:\nengaging in conduct includes failing or refusing to engage in\nconduct.\n\nPart 3 Enforcement and legal proceedings\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 6\nrepresentative means:\n(a) of a body corporate – an executive officer, employee or agent\nof the body corporate; or\n(b) of a natural person – an employee or agent of the person.\nstate of mind of a person includes:\n(a) the knowledge, intention, opinion, belief or purpose of the\nperson; and\n(b) the person's reasons for the intention, opinion, belief or\npurpose.\n11 Liability of executive officers of body corporate\n(1) If a body corporate commits an offence against this Act, each of the\nexecutive officers of the body corporate are taken to have\ncommitted the same offence.\n(2) However, it is a defence for an executive officer to establish:\n(a) the body corporate would not have been found guilty of the\noffence because it would have been able to establish a\ndefence;\n(b) the defendant did not know, and could not reasonably have\nbeen expected to know, that the offence was to be or was\nbeing committed; or\n(c) the defendant exercised due diligence to prevent the\ncommission of the offence.\n(3) A proceeding for an offence against this Act may be brought\nagainst an executive officer of a body corporate whether or not a\nproceeding for the offence is brought against the body corporate.\n(4) A person is not liable to be punished by imprisonment for an\noffence against this Act if the person would not have been found\nguilty of the offence if subsection (1) had not been enacted.\n12 Additional court orders\n(1) If, in a proceeding for an offence against this Act, a court finds the\ndefendant guilty of the offence, in addition to any penalty it may\nimpose, the court may make one or more of the following orders:\n(a) an order that the defendant take stated action to do one or\nmore of the things mentioned in section 9;\n\nPart 4 Miscellaneous provisions\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 7\n(b) if the Territory has incurred costs and expenses in taking\naction to do anything mentioned in section 9 – an order that\nthe defendant pay the Territory the reasonable costs and\nexpenses decided by the court;\n(c) if a person suffers injury or loss or damage to property\nbecause of the commission of the offence – the reasonable\ncompensation decided by the court.\n(2) In addition, the court may make another order it considers\nnecessary or convenient for the enforcement of an order under\nsubsection (1).\nPart 4 Miscellaneous provisions\n13 Public moneys not to be used for prohibited activities\nDespite any other Act or law to the contrary, public moneys of the\nTerritory or moneys of a Territory authority must not be expended,\ngranted or advanced to any person for, or for encouraging or\nfinancing any activity associated with, the development,\nconstruction or operation of a nuclear waste storage facility in the\nTerritory.\n14 Public inquiry into impact of nuclear waste storage facility\nIf a licence, exemption or other authority to construct or operate a\nnuclear waste storage facility is granted under a law of the\nCommonwealth, a Committee of the Legislative Assembly\nnominated by the Minister must inquire into, consider and report on\nthe likely impact of the facility on the cultural, environmental and\nsocio-economic wellbeing of the Territory.\n15 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for penalties for offences against the\nRegulations not exceeding 100 penalty units for a natural person\nand 500 penalty units for a body corporate.\n(2A) The Regulations may specify examples of significant economic and\nsocial benefits for section 5(4)(b)(i).\n\nPart 4 Miscellaneous provisions\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 8\n(3) The Regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(b) apply differently by reference to stated exceptions or factors.\n\nENDNOTES\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 (Act No. 58,\n2004)\nAssent date 4 November 2004\nCommenced 4 November 2004\nNuclear Waste Transport, Storage and Disposal (Prohibition) Amendment Act 2019 (Act\nNo. 2, 2019)\nAssent date 27 February 2019\nCommenced 28 February 2019 (s 2)\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 5.\n4 LIST OF AMENDMENTS\ns 2 amd No. 2, 2019, s 4\ns 5 amd No. 2, 2019, s 5; No. 34, 2023, s 221\ns 15 amd No. 2, 2019, s 6","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. Subsequent amendments added multiple specific exceptions and qualifications in section 5 (eg, pre‑existing lawful storage, Territory‑produced waste regulated under the Radiation Protection Act, uranium mining/ores, incidental pipeline/offshore petroleum wastes and prescribed projects), and expanded regulation‑making authority (s 15(2A)). Those changes narrow the Act’s original blanket prohibition by creating defined exclusions and delegated specification."},"complexity_factors":["Broad definitional linkage to an external Code of Practice for 'nuclear waste' (s 2) which imports technical categories into the Act.","Detailed exceptions and carve-outs for pre‑existing lawful storage, Territory‑produced waste under other laws, uranium mining/ore handling, and certain pipeline and offshore petroleum projects (s 5(3)–(4)), requiring cross‑reference to other regimes.","Express primacy provision that limits operation where inconsistent with Commonwealth law but allows concurrent compliance (s 5(1)), creating interjurisdictional interaction.","Ministerial power to seek injunctions with relaxed evidentiary thresholds and no undertaking for damages (s 8(2)–(4)), affecting procedural risk and remedies.","Executive powers to authorise removal and remediation actions by Territory agents and potential cost recovery through court orders (s 9; s 12(1)(a)–(b)).","Liability and defences for executive officers of corporate offenders (s 11), which layers individual exposure onto corporate liability.","Regulation‑making power that can specify penalties, examples of 'significant economic and social benefits', and differential application (s 15(1), (2), (2A), (3)), introducing delegated discretion and implementation detail."],"plain_english_summary":"This Act prohibits constructing or operating nuclear‑waste storage facilities in the Northern Territory and importing nuclear waste into the Territory for storage. It targets businesses, their officers and anyone planning such transport or facilities; empowers the Minister and courts to stop or remove prohibited activities, forbids use of Territory public funds for them, and establishes criminal and civil penalties and corporate‑officer liability to deter non‑compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2004 Act was a straightforward prohibition on nuclear waste transport, storage and disposal. However, the 2019 Amendment Act significantly expanded the scope by adding section 5(4), which creates a major exemption for petroleum and gas operations. This amendment allows nuclear waste produced incidentally from offshore petroleum projects to be transported into the NT if the project delivers 'significant economic and social benefits' and is located in prescribed areas. This carve-out represents a substantial shift from the original blanket prohibition approach, accommodating the Territory's economic interests in the oil and gas sector. The 2023 amendments further refined these petroleum exemptions, indicating ongoing scope evolution to balance environmental protection with resource development."},"complexity_factors":["Moderate cross-referencing: The Act incorporates external definitions by reference (Code of Practice for radioactive waste categories, Commonwealth Seas and Submerged Lands Act for territorial baselines, and multiple other NT Acts for exemptions).","Nested conditional exemptions: Section 5 contains multiple layers of exceptions — general exemptions (5(3)), a specific petroleum project exemption with its own sub-conditions (5(4)), and definitions that rely on Commonwealth proclamations.","Corporate liability attribution: Sections 10 and 11 create complex attribution rules where executive officers can be personally liable for corporate offences, with specific defences available (due diligence, lack of knowledge).","Federal-state interaction clause: Section 5(1) contains a non-obstante clause dealing with inconsistency with Commonwealth law, requiring careful parsing of when the Act applies versus when it yields to federal legislation.","Limited but technical defined terms: 6 defined terms in section 2, but 'nuclear waste' definition requires understanding of the external Code of Practice categories (A, B, C, S) and derived waste from various nuclear activities.","Regulatory delegation: Section 15 provides broad regulation-making power including differential application and penalty specification, leaving significant detail to subordinate legislation."],"plain_english_summary":"**What this law does:**\n\nThis is a Northern Territory law that **bans nuclear waste facilities and the importation of nuclear waste** into the Territory. It's essentially a \"keep it out\" law designed to stop the NT from becoming a dumping ground for radioactive material.\n\n**The two main prohibitions are:**\n\n*   **No nuclear waste dumps:** You cannot build or operate a facility to store or dispose of nuclear waste in the NT.\n*   **No importing waste:** You cannot transport nuclear waste into the NT for storage at such a facility.\n\n**Who it affects:**\n\n*   **Companies and individuals** who might want to build waste facilities or transport nuclear waste.\n*   **Government bodies** — the law binds the Crown (meaning the government itself must follow it).\n*   **Executive officers** of companies — they can be personally held liable if their company breaks this law.\n\n**Important exceptions (what's still allowed):**\n\nThe law is **not** a total ban on all things nuclear. It specifically **does not apply** to:\n\n*   Waste already stored legally before this Act started (2004).\n*   Waste produced in the NT that's handled under the *Radiation Protection Act 2004* (medical/industrial uses).\n*   **Uranium mining** — mining uranium ore and transporting it is explicitly allowed and regulated under other laws.\n*   **Oil and gas operations** — radioactive waste produced incidentally from petroleum exploration, pipelines, or recovery is exempt, including from certain offshore projects that deliver \"significant economic and social benefits\" to the Territory.\n\n**Why it matters:**\n\nThis law reflects the NT's strong political stance against becoming a nuclear waste repository. It gives the Territory government tools to enforce this ban, including:\n\n*   **Injunctions** (court orders to stop prohibited activities).\n*   **Clean-up powers** — the Minister can authorise removal of illegal facilities and environmental repair.\n*   **Court orders** for compensation and costs.\n*   **A spending ban** — no public money can be used to support nuclear waste facility development.\n*   **Mandatory public inquiry** if the Commonwealth ever grants a licence for a facility.\n\n**In short:** The NT has drawn a line in the sand — no nuclear waste dumps here, with carefully carved-out exceptions for the uranium mining and petroleum industries that are economically important to the Territory."}},"importantCases":[],"_links":{"self":"/api/acts/nuclear-waste-transport-storage-and-disposal-prohibition-act-2004","history":"/api/acts/nuclear-waste-transport-storage-and-disposal-prohibition-act-2004/history","analysis":"/api/acts/nuclear-waste-transport-storage-and-disposal-prohibition-act-2004/analysis","conflicts":"/api/acts/nuclear-waste-transport-storage-and-disposal-prohibition-act-2004/conflicts","importantCases":"/api/acts/nuclear-waste-transport-storage-and-disposal-prohibition-act-2004/important-cases","documents":"/api/acts/nuclear-waste-transport-storage-and-disposal-prohibition-act-2004/documents"}}