{"id":"C2009A00095","name":"Uranium Royalty (Northern Territory) Act 2009","slug":"uranium-royalty-northern-territory-act-2009","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"95 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40406,"registerId":"commonwealth-C2009A00095-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Uranium Royalty (Northern Territory) Act 2009.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 19

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

29 March 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act imposes a royalty on uranium, and certain other designated substances, recovered in the Northern Territory.\n\n• This Act does so by applying the Mineral Royalty Act 1982 (NT) as a law of the Commonwealth.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act:\n\n> applied law means the provisions of a Northern Territory law that apply, in accordance with this Act, as laws of the Commonwealth.\n\n> authority of the Northern Territory means any of the following:\n\n (a) the Administrator, a Minister or a member of the Executive Council of the Northern Territory;\n (b) a court of the Northern Territory;\n (c) a person who holds office as a member of a court of the Northern Territory;\n (d) a body created by or under a law of the Northern Territory;\n (e) an officer or employee of the Northern Territory;\n (f) an officer or employee of a body referred to in paragraph (d).\n\n> corresponding applied law, in relation to a Northern Territory royalty law, means an applied law that corresponds to the Northern Territory royalty law.\n\n> corresponding Northern Territory royalty law, in relation to an applied law, means the Northern Territory royalty law to which the applied law corresponds.\n\n> designated substance means a prescribed substance (within the meaning of the Atomic Energy Act 1953) that is:\n\n (a) naturally occurring; and\n (b) obtained or obtainable from land in the Northern Territory by mining, whether carried out under or on the surface of the land; and\n (c) the property of the Commonwealth;\n but does not include a substance obtained or obtainable from the Ranger Project Area.\n\n> Note: Section 35 of the Atomic Energy Act 1953 deals with the Commonwealth’s property in prescribed substances.\n\n> modifications includes additions, omissions and substitutions.\n\n> Northern Territory law means:\n\n (a) a law in force in the Northern Territory, whether written or unwritten; or\n (b) an instrument made or having effect under a law referred to in paragraph (a);\n but does not include a law of the Commonwealth, whether written or unwritten, or an instrument made or having effect under such a law.\n\n> Northern Territory royalty law means the following, as in force from time to time:\n\n (a) the Mineral Royalty Act 1982 (NT);\n (b) any other Northern Territory law, to the extent that it is relevant to the operation of the law covered by paragraph (a).\n\n> proceedings means any proceedings, whether civil or criminal and whether original or appellate.\n\n> Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976 as in force immediately before the commencement of this section.\n\n> responsible Northern Territory Minister means the Minister of the Northern Territory responsible for the Mineral Royalty Act 1982 (NT).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Crown to be bound","content":"#### 5 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Northern Territory royalty laws in relation to designated substances","content":"## Part 2—Application of Northern Territory royalty laws in relation to designated substances","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of Northern Territory royalty laws in relation to designated substances","content":"#### 6 Application of Northern Territory royalty laws in relation to designated substances\n\n (1) In addition to its application apart from this section, each Northern Territory royalty law also applies as a law of the Commonwealth, subject to:\n (a) such modifications (if any) as are specified in the regulations; and\n (b) the following modifications:\n\n| Item | Provision(s) of the Mineral Royalty Act 1982 (NT) | Modification(s) |\n| ---- | ------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | Subsection 3(8) | Omit the subsection. |\n| 2 | Section 4 (definition of authorized person) | After “section 13”, insert “of the corresponding Northern Territory Royalty Act”. |\n| 3 | Section 4 | Insert:corresponding Northern Territory Royalty Act means the Mineral Royalty Act 1982 (NT), as it applies as a law of the Northern Territory. |\n| 4 | Section 4 | Insert:designated substance has the same meaning as in the Uranium Royalty (Northern Territory) Act 2009 of the Commonwealth. |\n| 5 | Section 4 (definition of mineral) | Omit the definition, substitute:mineral means a designated substance. |\n| 6 | Section 4 (definition of Secretary) | At the end of the definition, add “of the corresponding Northern Territory Royalty Act”. |\n| 7 | Subsection 9(1) | Omit the subsection, substitute:(1) There is payable under this Act to the Crown in right of the Northern Territory, on behalf of the Commonwealth, a royalty in respect of all designated substances obtained from a production unit in a royalty year. |\n| 8 | Section 40 | At the end of the section, add:(4) An amount payable under subsection (1) or (2) is payable to the Secretary on behalf of the Commonwealth. |\n| 9 | Section 42 | At the end of the section, add:(3) An amount payable under this section is payable to the Secretary on behalf of the Commonwealth. |\n| 10 | Section 42A | At the end of the section, add:(4) An amount payable under this section is payable to the Secretary on behalf of the Commonwealth. |\n| 11 | Section 42B | At the end of the section, add:(3) An amount payable under this section is payable to the Secretary on behalf of the Commonwealth. |\n| 12 | Section 43 | At the end of the section, add:(5) An amount payable under this section is payable to the Secretary on behalf of the Commonwealth. |\n| 13 | Subsection 45(2) | Omit the subsection, substitute:(2) An amount retained under paragraph (1)(a) is to be retained by the Secretary on behalf of the Commonwealth.(3) An amount payable under paragraph (1)(b) is payable by the Secretary on behalf of the Commonwealth. |\n| 14 | Subsections 49AA(1) and (2) | Omit the subsections. |\n| 15 | Subsection 50(1) | After “for the purposes of this Act”, insert “, the corresponding Northern Territory Royalty Act”. |\n| 16 | Paragraph 50(2)(a) | After “under this Act”, insert “or the corresponding Northern Territory Royalty Act”. |\n| 17 | Paragraph 50(2)(d) | After “the efficient administration of this Act”, insert “or the corresponding Northern Territory Royalty Act”. |\n| 18 | Subsection 50(2) | At the end of the subsection, add:; or (f) a Territory employee performing a function under this Act to the Commonwealth Minister administering the Uranium Royalty (Northern Territory) Act 2009 of the Commonwealth; or(g) a Territory employee performing a function under this Act to an APS employee (within the meaning of the Public Service Act 1999 of the Commonwealth) in the Department administered by the Commonwealth Minister administering the Uranium Royalty (Northern Territory) Act 2009 of the Commonwealth. |\n| 19 | Paragraphs 50(4A)(d) and (e) | After “of this Act”, insert “or the corresponding Northern Territory Royalty Act”. |\n\n (2) Subsection (1) has effect subject to this Act.\n (3) This section does not have effect unless an arrangement is in operation under section 7.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Arrangements with the Northern Territory","content":"#### 7 Arrangements with the Northern Territory\n\n (1) The Minister may make an arrangement with the responsible Northern Territory Minister in relation to the exercise or performance of a power, duty or function (other than a power, duty or function involving the exercise of judicial power) by an authority of the Northern Territory under the applied laws.\n (2) If such an arrangement is in force, the power, duty or function may or must, as the case may be, be exercised or performed accordingly.\n (3) The Minister may arrange with the responsible Northern Territory Minister for the variation or revocation of an arrangement made under this section.\n (4) An arrangement, variation or revocation under this section must be made by instrument in writing.\n (5) A copy of an instrument under subsection (4) must be published in the Gazette.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Tax laws not applied","content":"#### 8 Tax laws not applied\n\n Section 6 does not operate so as to impose a tax.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Appropriation law not applied","content":"#### 9 Appropriation law not applied\n\n Section 6 does not operate so as to appropriate any public money of the Northern Territory.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Applied laws not to confer Commonwealth judicial power","content":"#### 10 Applied laws not to confer Commonwealth judicial power\n\n Section 6 does not operate so as to confer the judicial power of the Commonwealth on a court, tribunal, authority or officer of the Northern Territory.\n\n> Note: See also section 12.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Applied laws not to contravene constitutional restrictions on conferral of powers on courts","content":"#### 11 Applied laws not to contravene constitutional restrictions on conferral of powers on courts\n\n Section 6 does not operate so as to confer on a court of the Northern Territory a power that cannot, under the Constitution, be conferred by the Parliament on such a court.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Jurisdiction of Northern Territory courts","content":"#### 12 Jurisdiction of Northern Territory courts\n\n (1) Jurisdiction is conferred on the courts that have jurisdiction in the Northern Territory in all matters arising out of the applied laws.\n (2) Jurisdiction is conferred under subsection (1) within the limits of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Procedure in proceedings under applied law","content":"#### 13 Procedure in proceedings under applied law\n\n (1) Subject to this Act:\n (a) any proceedings under an applied law (core proceedings) must be instituted and conducted in the same manner as though they were proceedings under the corresponding Northern Territory royalty law; and\n (b) any other proceedings in relation to the core proceedings (including declining to proceed further in a prosecution) must also be taken as though the core proceedings were proceedings under the corresponding Northern Territory royalty law.\n (2) The trial on indictment of an offence against an applied law must be by jury.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Grant of pardon, remission etc.","content":"#### 14 Grant of pardon, remission etc.\n\n Scope\n (1) This section applies if a person is convicted under an applied law.\n Powers and functions\n (2) An authority of the Northern Territory may exercise or perform the same powers and functions in relation to the convicted person as the authority would have been empowered to exercise or perform under the laws of the Northern Territory if the offence had been an offence against a law of the Northern Territory.\n (3) This section does not affect a power or function of the Governor‑General.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Certain Commonwealth laws do not apply in relation to applied laws","content":"#### 15 Certain Commonwealth laws do not apply in relation to applied laws\n\n (1) Subject to this Act, the following Commonwealth laws:\n (a) the Acts Interpretation Act 1901;\n (b) Chapter 2 of the Criminal Code;\n (c) a prescribed Commonwealth law;\n do not apply in relation to:\n (d) an applied law; or\n (e) anything done under an applied law.\n (2) Subsection (1) has effect subject to any modifications prescribed by the regulations.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Application of Commonwealth laws in relation to applied laws","content":"#### 16 Application of Commonwealth laws in relation to applied laws\n\n (1) To the extent that:\n (a) a Commonwealth law applies to a Northern Territory royalty law, or to things done under a Northern Territory royalty law; and\n (b) there is a corresponding applied law;\n the Commonwealth law also applies to the applied law and to things done under the corresponding applied law.\n (2) If:\n (a) a law of the Commonwealth (other than an applied law) contains a reference to a Northern Territory royalty law; and\n (b) an applied law corresponds to the Northern Territory royalty law;\n then the reference is taken to include a reference to the applied law.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Payments by the Commonwealth to the Northern Territory","content":"#### 17 Payments by the Commonwealth to the Northern Territory\n\n (1) If an amount (the received amount) is received by the Commonwealth under an applied law, the Commonwealth must pay to the Northern Territory an amount equal to the received amount.\n Recoupment of refunded amounts\n (2) The payment of the amount to the Northern Territory is subject to the condition that, if the whole or a part of the received amount is refunded under the applied law, the Northern Territory will pay to the Commonwealth an amount equal to the amount refunded.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Appropriation","content":"#### 18 Appropriation\n\n Amounts payable by the Commonwealth under the applied law or this Act are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":21}],"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original intent: imposing royalties on uranium and designated radioactive substances mined in the Northern Territory (excluding the Ranger Project Area) by applying NT royalty law as a Commonwealth law. There is no evidence of scope creep — the modifications in section 6 are surgical adjustments to make the NT law work in a Commonwealth context, not expansions of coverage."},"complexity_factors":["Dual-layer legal mechanism: the Act operates by applying a Territory law as a Commonwealth law simultaneously, creating parallel legal systems","Requires understanding of both Commonwealth and Northern Territory constitutional arrangements to fully comprehend","18-item modification table requiring cross-referencing with a separate NT Act (Mineral Royalty Act 1982) to understand what rules actually apply","Multiple defined terms that reference each other (e.g., 'applied law', 'corresponding applied law', 'Northern Territory royalty law') creating circular definitional complexity","Constitutional limitations built into the Act (sections 8-11) restricting what judicial power, tax, and appropriation functions can be conferred — requiring constitutional literacy to appreciate","Money flow mechanism (Commonwealth receives then pays back to NT) is counterintuitive and requires careful reading","Interplay with multiple other Acts: Atomic Energy Act 1953, Aboriginal Land Rights (Northern Territory) Act 1976, Criminal Code, Acts Interpretation Act 1901","Arrangement-based activation: key provisions (section 6) only operate if a ministerial arrangement under section 7 is in force"],"plain_english_summary":"The Uranium Royalty (Northern Territory) Act 2009 makes the Northern Territory’s Mineral Royalty Act 1982 operate as a Commonwealth law for uranium and certain radioactive minerals the Commonwealth owns, creating a federally valid royalty regime.\n\nIt affects uranium miners (excluding the Ranger Project Area), the NT government (which collects royalties) and the Commonwealth (which owns the minerals and returns equivalent payments to the NT), ensuring royalties flow to the Territory while respecting federal ownership."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act, as originally passed and set out in the commencement table, applies the NT Mineral Royalty Act to Commonwealth-owned designated substances in the Northern Territory with specified modifications and exclusions (including the Ranger Project Area). Nothing in the text indicates the scope was altered after enactment; s6(3) and s7 create an operational condition (arrangement required) but do not change the statutory scope."},"complexity_factors":["Cross-jurisdictional application: s6 applies the NT Mineral Royalty Act 1982 (NT) as Commonwealth law, creating layered legal effects between Territory and Commonwealth regimes.","Detailed textual modifications: s6(1) and its table specify 19 targeted amendments to definitions, payment recipients and administrative provisions, increasing interpretive complexity.","Administrative arrangements: s7 permits written instruments between the Commonwealth Minister and the responsible Northern Territory Minister to allocate functions and performance, introducing intergovernmental discretion.","Receipt and transfer of funds: s6 (modifying payment clauses) and s17 require the Commonwealth to receive royalties (Secretary on behalf of Commonwealth) and then pay the amounts to the NT, with recoupment obligations if refunds occur.","Jurisdictional and judicial limits: ss10–12 preserve constitutional limits on conferring Commonwealth judicial power and define NT courts' jurisdiction and procedure (including jury trials for indictable offences) under applied laws.","Selective application of Commonwealth laws: s15 excludes certain Commonwealth laws (eg, Acts Interpretation Act 1901, Chapter 2 of the Criminal Code) from applying to applied laws, while s16 extends other Commonwealth laws where they already apply to the NT royalty law.","Operational dependency and commencement: s6(3) conditions the application on an arrangement under s7; the commencement table (s2) stages when provisions take effect, affecting operational rollout.","Delegation and regulation-making: s6 leaves some modifications to regulations; s19 grants broad regulation power to the Governor‑General, increasing delegated-law complexity and potential administrative variance."],"plain_english_summary":"**What it does:** Applies the Northern Territory's Mineral Royalty Act 1982 as a law of the Commonwealth to uranium and other \"designated substances\" that are Commonwealth property recovered in the Northern Territory, subject to specified modifications and exclusions (eg, the Ranger Project Area).\n\n**Who pays and who administers:** It directs royalties to the Commonwealth (collected by the Secretary) and requires the Commonwealth to pay received amounts to the Northern Territory (subject to recoupment of refunds), allows written administrative arrangements with the NT Minister, preserves NT courts' jurisdiction for proceedings, and excludes tax and appropriation effects."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original scope. It was designed specifically to create a royalty regime for uranium and designated substances in the NT by applying NT laws as Commonwealth law, and it continues to do exactly that. The modifications and safeguards appear to be implementation details rather than scope creep."},"complexity_factors":["Legislative technique of 'applying' another jurisdiction's laws as Commonwealth law, requiring constant cross-referencing between the NT Mineral Royalty Act 1982 and this Act","19 specific statutory modifications to the applied NT law set out in a detailed table in section 6, including substantive changes to definitions, payment destinations, and information-sharing powers","8 defined terms in section 4, several of which are circular or refer to external legislation (Atomic Energy Act 1953, Aboriginal Land Rights (Northern Territory) Act 1976)","Complex conditional commencement structure with fallback provisions (6-month proclamation window)","Multiple constitutional safeguards (sections 8-11) addressing separation of powers, taxation power, and appropriation restrictions","Dual-application provisions (section 16) creating parallel application of Commonwealth laws to both the NT original and the Commonwealth 'applied' versions","Conditional operation: section 6 only works if an arrangement under section 7 is in operation"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a royalty system for uranium and other radioactive substances mined in the Northern Territory (except from the Ranger uranium mine). It essentially borrows the Northern Territory's existing mining royalty laws and applies them as Commonwealth (federal) law, with some tweaks.\n\n**Who it affects:**\n\n- **Mining companies** extracting uranium and other \"designated substances\" (naturally occurring radioactive materials that belong to the Commonwealth) from NT land\n- **The Northern Territory government**, which collects and administers these royalties on behalf of the Commonwealth, then receives the money back from Canberra\n- **The Commonwealth**, which technically owns the uranium and receives the royalties before passing them to the NT\n\n**Why it matters:**\n\nUranium is special because the Commonwealth owns it, not the states or territories. This law solves a practical problem: instead of creating a whole new federal royalty system from scratch, it \"piggybacks\" on the NT's existing Mineral Royalty Act. This means:\n\n- Miners pay royalties using familiar NT rules and processes\n- The NT government handles the day-to-day administration (under arrangements with the federal Minister)\n- The money flows to the Commonwealth first, then gets passed back to the NT\n\n**Key features:**\n\n- **Ranger Project Area excluded**: The famous Ranger uranium mine operates under different arrangements and is specifically left out\n- **Constitutional safeguards**: The law carefully avoids constitutional problems by not imposing a \"tax\" (it's a royalty), not giving NT courts Commonwealth judicial power, and not appropriating NT money\n- **Mirror laws**: The NT's Mineral Royalty Act applies as Commonwealth law, with modifications like changing who receives the payments (the Commonwealth, not the NT)\n- **Administrative partnership**: The federal Minister can make written arrangements with the NT Minister for how NT authorities will administer these Commonwealth laws"}},"importantCases":[],"_links":{"self":"/api/acts/uranium-royalty-northern-territory-act-2009","history":"/api/acts/uranium-royalty-northern-territory-act-2009/history","analysis":"/api/acts/uranium-royalty-northern-territory-act-2009/analysis","conflicts":"/api/acts/uranium-royalty-northern-territory-act-2009/conflicts","importantCases":"/api/acts/uranium-royalty-northern-territory-act-2009/important-cases","documents":"/api/acts/uranium-royalty-northern-territory-act-2009/documents"}}