CTHIn ForceAct
National Radioactive Waste Management Act 2012
4Definitions
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in National Radioactive Waste Management Act 2012.
#### 4 Definitions
In this Act:
> Aboriginal land means Aboriginal land within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976.
> authority means:
(a) in relation to a State:
(i) a body corporate established for a public purpose by or under a law of the State; or
(ii) an incorporated company in which the State, or a body corporate mentioned in subparagraph (a)(i), has a controlling interest; or
(b) in relation to a Territory:
(i) a body corporate established for a public purpose by or under a law of the Territory; or
(ii) an incorporated company in which the Territory, or a body corporate mentioned in subparagraph (b)(i), has a controlling interest.
> Commonwealth contractor means:
(a) a person who is a party to a contract with the Commonwealth or a Commonwealth entity; or
(b) a person who is a subcontractor for a contract with the Commonwealth or a Commonwealth entity.
> Commonwealth entity means:
(a) a body corporate established for a public purpose by or under an Act; or
(b) a company in which a controlling interest is held by any one of the following persons, or any 2 or more of the following persons together:
(i) the Commonwealth;
(ii) a body covered by paragraph (a).
> controlled material: see section 4A.
> facility means a facility for the management of controlled material.
> general nomination start time means the time at which a declaration under section 6 takes effect.
> high level radioactive material means material which has a thermal energy output of at least 2 kilowatts per cubic metre.
> host community, for a facility, means the community located in the local government area in which the facility is situated.
> Joint Convention means the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done at Vienna on 5 September 1997, as amended and in force for Australia from time to time.
> Note: The Joint Convention is in Australian Treaty Series 2003 No. 21 (\[2003\] ATS 21)\] and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
> Land Council means a Land Council within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976.
> Land Trust means a Land Trust within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976.
> local government area means an area that, at the time the Minister makes a declaration under subsection 14(2) in relation to a site, is an area for which a local government body is constituted by or under a law of the State or Territory in which the site is situated.
> nominator of land means the following:
(a) a Land Council that nominated the land as a potential site under subsection 5(1);
(b) a person who nominated the land as a potential site under subsection 7(2) or (3).
> NRWMF Community Fund entity: see subsection 34AA(1).
> Note: NRWMF is short for National Radioactive Waste Management Facility.
> selected site means the site, or the specified part of a site, in relation to which a declaration by the Minister under subsection 14(2) is in effect.
> site means a site approved by the Minister under section 9.
> spent nuclear fuel means material that:
(a) is or was capable of producing energy by a self‑sustaining chain process of nuclear fission; and
(b) has been irradiated in, and permanently removed from, a nuclear reactor (which is a structure containing material to which paragraph (a) applies in such an arrangement that a self‑sustaining chain process of nuclear fission can occur in the structure without an additional source of neutrons).
> statutory authority, in relation to the Crown in right of the Commonwealth, a State or a Territory, means any authority or body (including a corporation sole) established by a law of the Commonwealth, the State or Territory other than a general law allowing incorporation as a company or body corporate.
> subcontractor, for a contract, means a person who is a party to:
(a) a contract with a Commonwealth contractor (within the meaning of paragraph (a) of the definition of Commonwealth contractor); or
(b) a contract with another subcontractor (under a previous application of this definition).
> traditional Aboriginal owners means traditional Aboriginal owners within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976.