NORTHERN TERRITORY OF AUSTRALIA
NUCLEAR WASTE TRANSPORT, STORAGE AND DISPOSAL
(PROHIBITION) ACT 2004
As in force at 1 July 2024
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Definitions ........................................................................................ 1
3 Objects ............................................................................................ 2
4 Act binds Crown .............................................................................. 2
5 Application of Act ............................................................................. 2
Part 2 Prohibition of certain nuclear activities
6 Constructing or operating nuclear waste storage facility
prohibited ......................................................................................... 4
7 Importing nuclear waste prohibited .................................................. 4
Part 3 Enforcement and legal proceedings
8 Injunctions ....................................................................................... 4
9 Minister may authorise action to be taken ....................................... 5
10 Conduct of representatives .............................................................. 5
11 Liability of executive officers of body corporate ............................... 6
12 Additional court orders ..................................................................... 6
Part 4 Miscellaneous provisions
13 Public moneys not to be used for prohibited activities ..................... 7
14 Public inquiry into impact of nuclear waste storage facility .............. 7
15 Regulations...................................................................................... 7
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2024
NUCLEAR WASTE TRANSPORT, STORAGE AND DISPOSAL
(PROHIBITION) ACT 2004
An Act to prohibit the transport into the Territory, and the storage and
disposal in the Territory, of certain nuclear waste, and for related
purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Nuclear Waste Transport, Storage and
Disposal (Prohibition) Act 2004.
2 Definitions
In this Act, unless the contrary intention appears:
Code 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).
executive officer, of a body corporate, means a person who is
concerned with, or takes part in, the management of the body
corporate, (whether or not the person is a director or the person's
position is given the name of executive officer), and includes a
constituent member of a body corporate incorporated for a public
purpose by a law of the Commonwealth or a State or Territory.
nuclear plant means a nuclear reactor, radioisotope enrichment
plant involved in the enrichment of uranium or plutonium, nuclear
reprocessing plant or nuclear weapons facility, whether or not it is a
place to which this Act applies.
nuclear waste means:
(a) Category A, B, C or S radioactive waste within the meaning of
the Code of Practice; or
Part 1 Preliminary
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 2
(b) waste material that contains radioactive material derived from:
(i) the operation or decommissioning of a nuclear plant;
(ii) the testing, use or decommissioning of nuclear weapons;
or
(iii) the conditioning or reprocessing of spent nuclear fuel.
nuclear waste storage facility means an installation for the
storage or disposal of nuclear waste.
radioactive material means any material that spontaneously emits
ionising radiation as a consequence of nuclear transformation.
3 Objects
The objects of this Act are to protect the safety, health and welfare
of the people of the Territory and the environment in which they live
by prohibiting:
(a) the construction or operation of a nuclear waste storage
facility in the Territory; and
(b) the transportation of nuclear waste into the Territory for
storage at a nuclear waste storage facility in the Territory.
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
5 Application of Act
(1) A provision of this Act relating to the transport, storage or disposal
of nuclear waste does not have any effect to the extent it is
inconsistent with a law of the Commonwealth but the provision must
not be taken to be inconsistent with that law if it can be complied
with without contravention of that law.
(2) Subject to this section, this Act applies in relation to all nuclear
waste, whether originating inside or outside the Territory.
(3) This Act does not apply in relation to the following:
(a) nuclear waste that was lawfully stored in the Territory before
the commencement of this Act;
Part 1 Preliminary
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 3
(b) nuclear waste produced in the Territory that is stored or
disposed of in accordance with the Radiation Protection
Act 2004;
(c) mining activity in the Territory related to uranium ores or
uranium oxide (U3O 8) under the Environment Protection
Act 2019;
(d) the possession, packaging, storage or transportation of
uranium ores or uranium oxide (U3O 8) under the Radioactive
Ores and Concentrates (Packaging and Transport) Act 1980;
(e) nuclear waste produced incidentally from the operation or
maintenance of a pipeline in the Territory conveying petroleum
or other energy-producing hydrocarbons;
(f) nuclear waste produced incidentally from the exploration for,
or the recovery or exploitation of, petroleum or other energy-
producing hydrocarbons in the Territory.
(4) This Act does not apply in relation to nuclear waste transported into
the Territory if the nuclear waste is produced incidentally from:
(a) the operation or maintenance of a pipeline conveying
petroleum or other energy-producing hydrocarbons into the
Territory; or
(b) the exploration for, or the recovery or exploitation of,
petroleum or other energy-producing hydrocarbons at a
prescribed project that:
(i) delivers significant economic and social benefits to the
Territory; and
(ii) is located in a prescribed sedimentary basin within an
offshore area or within 800 km seaward of the closest
point on the Territorial Sea Baseline.
(5) In this section:
offshore area, see section 7 of the Offshore Petroleum and
Greenhouse Gas Storage Act 2006 (Cth).
Territorial Sea Baseline means the baseline in relation to the
Northern Territory, from which the breadth of the territorial sea is
measured, determined in accordance with sections 7, 10, 11 and 12
of the Seas and Submerged Lands (Territorial Sea Baseline)
Proclamation 2016, made under section 7 of the Seas and
Submerged Lands Act 1973 (Cth).
Part 3 Enforcement and legal proceedings
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 4
Part 2 Prohibition of certain nuclear activities
6 Constructing or operating nuclear waste storage facility
prohibited
(1) A person must not construct or operate a nuclear waste storage
facility.
(2) An offence against subsection (1) is an environmental offence
level 1.
7 Importing nuclear waste prohibited
(1) A person must not transport nuclear waste into the Territory for
storage at a nuclear waste storage facility in the Territory.
(2) An offence against subsection (1) is an environmental offence
level 1.
Part 3 Enforcement and legal proceedings
8 Injunctions
(1) The Minister may apply to the Supreme Court for an injunction to
prevent a person from doing anything that:
(a) would involve the construction or operation of a nuclear waste
storage facility in the Territory;
(b) would involve the use of any place in the Territory for the
storage or disposal of nuclear waste;
(c) would involve the transport of nuclear waste into the Territory
for storage at a nuclear waste storage facility in the Territory;
or
(d) would facilitate or provide help in relation to anything
mentioned in paragraph (a), (b) or (c).
(2) It is not necessary for the Minister to prove the act or failure sought
to be prevented by the injunction has previously occurred or would,
if the injunction were not granted, be likely to occur or continue.
(3) An interim injunction may be granted before final determination of
the application.
(4) The Court must not require, as a condition of granting an interim
injunction, that an undertaking be given for damages or costs.
Part 3 Enforcement and legal proceedings
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 5
(5) The taking of a proceeding against a person for an offence under
this Act is not affected by:
(a) the making of the application for an injunction;
(b) the grant or refusal of an injunction on the application; or
(c) the rescission, variation or expiry of an injunction granted on
the application.
9 Minister may authorise action to be taken
An employee, agent or contractor of the Territory authorised by the
Minister may do one or more of the following:
(a) remove a nuclear waste storage facility constructed or
operated in contravention of this Act;
(b) make good any environmental harm resulting from the
construction or operation of the facility;
(c) prevent or mitigate any future environmental harm resulting
from the construction or operation of the facility.
10 Conduct of representatives
(1) If, in a proceeding for an offence against this Act, it is necessary to
establish a person's state of mind in relation to particular conduct, it
is sufficient to show:
(a) the conduct was engaged in by a representative of the person,
within the scope of the representative's actual or apparent
authority; and
(b) the representative had that state of mind.
(2) For a proceeding for an offence against this Act, conduct engaged
in on behalf of a person by a representative within the scope of the
representative's actual or apparent authority is taken to have been
engaged in also by the person.
(3) However, a natural person is not liable to be punished by
imprisonment for an offence against this Act if the person would not
have been found guilty of the offence if subsection (1) or (2) had not
been enacted.
(4) In this section:
engaging in conduct includes failing or refusing to engage in
conduct.
Part 3 Enforcement and legal proceedings
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 6
representative means:
(a) of a body corporate – an executive officer, employee or agent
of the body corporate; or
(b) of a natural person – an employee or agent of the person.
state of mind of a person includes:
(a) the knowledge, intention, opinion, belief or purpose of the
person; and
(b) the person's reasons for the intention, opinion, belief or
purpose.
11 Liability of executive officers of body corporate
(1) If a body corporate commits an offence against this Act, each of the
executive officers of the body corporate are taken to have
committed the same offence.
(2) However, it is a defence for an executive officer to establish:
(a) the body corporate would not have been found guilty of the
offence because it would have been able to establish a
defence;
(b) the defendant did not know, and could not reasonably have
been expected to know, that the offence was to be or was
being committed; or
(c) the defendant exercised due diligence to prevent the
commission of the offence.
(3) A proceeding for an offence against this Act may be brought
against an executive officer of a body corporate whether or not a
proceeding for the offence is brought against the body corporate.
(4) A person is not liable to be punished by imprisonment for an
offence against this Act if the person would not have been found
guilty of the offence if subsection (1) had not been enacted.
12 Additional court orders
(1) If, in a proceeding for an offence against this Act, a court finds the
defendant guilty of the offence, in addition to any penalty it may
impose, the court may make one or more of the following orders:
(a) an order that the defendant take stated action to do one or
more of the things mentioned in section 9;
Part 4 Miscellaneous provisions
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 7
(b) if the Territory has incurred costs and expenses in taking
action to do anything mentioned in section 9 – an order that
the defendant pay the Territory the reasonable costs and
expenses decided by the court;
(c) if a person suffers injury or loss or damage to property
because of the commission of the offence – the reasonable
compensation decided by the court.
(2) In addition, the court may make another order it considers
necessary or convenient for the enforcement of an order under
subsection (1).
Part 4 Miscellaneous provisions
13 Public moneys not to be used for prohibited activities
Despite any other Act or law to the contrary, public moneys of the
Territory or moneys of a Territory authority must not be expended,
granted or advanced to any person for, or for encouraging or
financing any activity associated with, the development,
construction or operation of a nuclear waste storage facility in the
Territory.
14 Public inquiry into impact of nuclear waste storage facility
If a licence, exemption or other authority to construct or operate a
nuclear waste storage facility is granted under a law of the
Commonwealth, a Committee of the Legislative Assembly
nominated by the Minister must inquire into, consider and report on
the likely impact of the facility on the cultural, environmental and
socio-economic wellbeing of the Territory.
15 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The Regulations may provide for penalties for offences against the
Regulations not exceeding 100 penalty units for a natural person
and 500 penalty units for a body corporate.
(2A) The Regulations may specify examples of significant economic and
social benefits for section 5(4)(b)(i).
Part 4 Miscellaneous provisions
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 8
(3) The Regulations may:
(a) make different provision in relation to:
(i) different persons or matters; or
(ii) different classes of persons or matters; or
(b) apply differently by reference to stated exceptions or factors.
ENDNOTES
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 9
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 (Act No. 58,
2004)
Assent date 4 November 2004
Commenced 4 November 2004
Nuclear Waste Transport, Storage and Disposal (Prohibition) Amendment Act 2019 (Act
No. 2, 2019)
Assent date 27 February 2019
Commenced 28 February 2019 (s 2)
Environment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)
Assent date 6 December 2023
Commenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023
(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment
Protection Legislation Amendment (Chain of Responsibility)
Act 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,
p 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);
rem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 5.
4 LIST OF AMENDMENTS
s 2 amd No. 2, 2019, s 4
s 5 amd No. 2, 2019, s 5; No. 34, 2023, s 221
s 15 amd No. 2, 2019, s 6