Part 8Miscellaneous

Part 8—Miscellaneous 76—Exemptions (1) Subject to this section, the Minister may, by notice in the Gazette, exempt— (a) a specified person or persons of a specified class; or (b) a specified radiation source or a radiation source of a specified class; or (c) specified premises or premises of a specified class, from compliance with specified provisions of this Act. (2) An application for an exemption under this section must be made in a manner and form determined by the Minister and the prescribed fee must be paid when the application is made. (3) An exemption granted under this section has effect for a period, and is subject to conditions, specified by the Minister in the notice. (4) The Minister must not grant an exemption from compliance with a provision of this Act unless satisfied that, if the exemption were granted subject to appropriate conditions, the activity subject to the exemption would not endanger the health or safety of any person or endanger the environment. (5) The Minister may, by notice in the Gazette, vary or revoke a condition of an exemption or impose a further condition. (6) The Minister may, after due inquiry and for good cause, by notice in the Gazette, revoke an exemption under this section. (7) A person who has the benefit of an exemption under this section and who contravenes a condition of the exemption is guilty of an offence. (a) if contravention of the provision in relation to which an exemption was granted is a minor indictable offence— (i) in the case of a body corporate—$250 000; (ii) in the case of a natural person—$50 000 or imprisonment for 5 years or both; (b) in any other case— (i) in the case of a body corporate—$100 000; (ii) in the case of a natural person—$20 000. 77—Register of accreditations, authorisations, exemptions and permits (1) The Minister must keep a register of accreditations, authorisations, exemptions and permits. (2) The Minister must ensure that information relating to the grant, renewal, variation, suspension, cancellation or revocation of any accreditation, authorisation, exemption or permit is entered on the register within 30 days after the grant, renewal, variation, suspension, cancellation or revocation takes effect. (3) The register— (a) will be kept in a manner and form determined by the Minister; and (b) include such information as is required by the regulations. (4) Subject to subsection (6), the Minister must ensure that the register is kept publicly available for inspection without fee— (a) on a website determined by the Minister; and (b) during ordinary office hours at a public office, or public offices, determined by the Minister. (5) Subject to subsection (6), a member of the public may, on payment of the prescribed fee, obtain a copy of any part of the register. (6) The Minister may restrict access to information included in the register if the Minister considers that it is necessary to do so— (a) to prevent a threat to the security of radioactive material; or (b) to protect the health or safety of the public; or (c) for any prescribed reason. 78—Adoption of documents forming part of National Directory (1) The Minister may, by notice in the Gazette— (a) adopt a document (such as a standard, guidance note or code of practice) forming part of the National Directory; or (b) vary or revoke an adoption under paragraph (a). (2) The Minister must ensure that a document adopted under this section is kept publicly available for inspection without fee— (a) on a website determined by the Minister; and (b) during ordinary office hours at a public office, or public offices, determined by the Minister. (3) In this section— National Directory means the National Directory for Radiation Protection published by the Australian Radiation Protection and Nuclear Safety Agency of the Commonwealth, as published or in force from time to time, and includes any code, standard, guideline, rule, specification or other document adopted by or incorporated in the National Directory for Radiation Protection, whether as published or in force on a particular date, or as published or in force from time to time. 79—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act or the repealed Act must not divulge or communicate information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates or from whom the information was obtained; or (c) in connection with the administration or enforcement of this Act; or (d) for the purposes of legal proceedings arising out of the administration or enforcement of this Act; or (e) to an authority responsible under the law of a place outside this State, where the information is required for the proper administration or enforcement of that law; or (f) to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or (g) to a prescribed body. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. 80—Offences and ERD Court Offences constituted by this Act (other than major indictable offences) lie within the criminal jurisdiction of the ERD Court. 81—Constitution of ERD Court The following provisions apply in respect of the constitution of the ERD Court when exercising jurisdiction under this Act: (a) the Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Presiding Member of the Court so determines, be constituted of a Judge and 1 commissioner; (b) the provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and 1 commissioner in the same way as in relation to a full bench of the Court; (c) the Court may not be constituted of or include a commissioner unless— (i) in a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or (ii) in any other case—at least 1 commissioner, is a commissioner who has been specifically designated by the Governor as a person who has expertise in fields that are relevant to the jurisdiction conferred on the Court by this Act. 82—Commencement of proceedings (1) Proceedings for an offence against this Act (including an expiable offence) may be commenced any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney‑General, at any later time within 10 years after the date of the alleged commission of the offence. (2) Any other proceedings under this Act based on a contravention of this Act may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney‑General, at any later time within 10 years after the date of the alleged contravention. (3) An apparently genuine document purporting to be signed by the Attorney‑General authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. 83—Offences by officers of bodies corporate (1) If a body corporate contravenes a provision of this Act, a person who is an officer of the body corporate is— (a) subject to the general defence in section 86—guilty of a contravention of this Act; and (b) liable to the same penalty as may be imposed for the principal contravention when committed by a natural person. (2) An officer of a body corporate may be prosecuted and convicted of an offence against subsection (1) whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate. 84—Vicarious liability For the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency. 85—Continuing offences (1) If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission— (a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence; and (b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence. (2) For the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done regardless of whether any period within which, or time before which, the act is required to be done has expired or passed. 86—General defence (1) It will be a defence in criminal proceedings in respect of an alleged contravention of this Act, including— (a) proceedings against a body corporate or a natural person where conduct or a state of mind is imputed to the body or person under this Part; and (b) proceedings against an officer of a body corporate under this Part, if it is proved that the alleged contravention did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the contravention or contraventions of the same or a similar nature. (2) Without limiting the effect of subsection (1), the defence provided by that subsection includes the defence that the act or omission alleged to constitute the contravention was justified by the need to protect life, the environment or property in a situation of emergency and that the defendant was not guilty of any failure to take all reasonable and practicable measures to prevent or deal with such an emergency. (3) If a body corporate or other employer seeks to establish the defence provided by this section by proving the establishment of proper workplace systems and procedures designed to prevent a contravention of this Act, that proof must be accompanied by proof— (a) that proper systems and procedures were also in place by which any such contravention or risk of such contravention of this Act that came to the knowledge of a person at any level in the workforce was required to be reported promptly to the governing body of the body corporate or to the employer, or to a person or group with the right to report to the governing body or to the employer; and (b) that the governing body of the body corporate or the employer actively and effectively promoted and enforced compliance with this Act and with all such systems and procedures within all relevant areas of the workforce. (4) A person who would, but for the defence provided by this section, have contravened a provision of this Act is, despite that defence, to be taken to have contravened that provision for the purposes of any proceedings under section 65 in respect of the contravention. 87—Notice of defence (1) A person who, in criminal proceedings, intends to rely on the general defence under this Part or any other defence under this Act may only do so if the person gives notice in the prescribed manner of that intention to the Minister. (2) A notice under subsection (1) must be given— (a) if the proceedings are for a summary offence—within 28 days after the summons to answer the charge is served on the person; or (b) if the proceedings are for a minor indictable offence where the charge is to be dealt with in the same way as a charge of a summary offence—not less than 28 days before the date for hearing of the charge; or (c) in any other case—within 7 days after the person is committed for trial. 88—Imputation of conduct or state of mind of officer, employee etc (1) For the purposes of proceedings for an offence against this Act— (a) the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of their actual, usual or ostensible authority will be imputed to the body corporate; (b) the conduct and state of mind of an employee or agent of a natural person acting within the scope of their actual, usual or ostensible authority will be imputed to that person. (2) If— (a) a natural person is convicted of an offence against this Act; and (b) the person would not have been convicted of the offence but for the operation of subsection (1), the person is not liable to be punished by imprisonment for the offence. (3) In this section, a reference to conduct or acting includes a reference to failure to act. 89—Statutory declarations If a person is required under this Act to provide information to the Minister or a prescribed authority, the Minister or the prescribed authority (as the case may be) may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Minister or prescribed authority. 90—False or misleading statement A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act. 91—False or misleading report (1) A person is guilty of an offence if— (a) the person makes a report to the Minister or a person engaged in the administration of this Act that is false or misleading; and (b) the person knows the report to be false or misleading; and (c) the report is of a kind that would reasonably call for investigation or action by the Minister or a person engaged in the administration of this Act. (2) If a person is convicted of an offence against subsection (1), the court must, on application by the Minister, order the convicted person to pay to the Minister the reasonable costs and expenses incurred by or on behalf of the Minister in carrying out an investigation or taking action as a result of the false or misleading report. 92—Self-incrimination (1) It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by a natural person with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 93—Evidentiary provisions (1) In proceedings for an offence against this Act, an allegation in a complaint— (a) that a person named holds or held at a specified time a specified office or position; or (b) that a person named was at a specified time an authorised officer; or (c) that a person named was or was not at a specified time the holder of a specified accreditation, authorisation or permit; or (d) that a specified substance was or was not at a specified time a radioactive material of a specified class; or (e) that specified apparatus was or was not at a specified time radiation apparatus of a specified class, is, in the absence of proof to the contrary, taken to be proved. (2) In any proceedings, a certificate executed by the Minister certifying as to a matter relating to— (a) an accreditation, authorisation or permit; or (b) the appointment or non‑appointment of a person as an authorised officer; or (c) a delegation or authority under this Act; or (d) a notice, order or authorisation of the Minister under this Act; or (e) any other decision of the Minister; or (f) the receipt or non‑receipt by the Minister of a notification or information required to be given or furnished to the Minister under this Act, constitutes proof of the matters so certified in the absence of proof to the contrary. (3) In any proceedings, an apparently genuine document purporting to be an authorisation, notice, order, certificate or other document, or a copy of an authorisation, notice, order, certificate or other document, issued or executed by the Minister or an authorised officer will be accepted as such in the absence of proof to the contrary. (4) In proceedings for an offence against this Act, a condition of an accreditation or authorisation or the terms of a direction or other notice under this Act may be proved by production of an apparently genuine document purporting to be a copy of the condition, direction, or other notice certified by the Minister or an officer authorised under this Act to impose the condition or give the direction or notice. (5) In any proceedings for an offence against this Act, a certificate of an authorised officer certifying that, at a specified time— (a) a specified vehicle was stopped or parked in a specified place; or (b) a specified person was the owner of a specified vehicle, constitutes proof of the matters so specified in the absence of proof to the contrary. (6) In any proceedings for the recovery of reasonable costs and expenses incurred by the Minister under this Act, a certificate executed by the Minister detailing the costs and expenses and the purpose for which they were incurred constitutes proof of the matters so certified in the absence of proof to the contrary. (7) If in any proceedings under Part 7 or in proceedings for an offence against this Act it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer or a person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of proof to the contrary. (8) In any proceedings, a certificate of compliance executed by the holder of an accreditation that authorises the issue of such a certificate certifying as to a matter relating to the compliance of a radiation source with this Act will be accepted as proof of the matter so certified in the absence of proof to the contrary. 94—Service (1) A notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or (c) be left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or (d) be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) Without limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act. 95—Recovery of fees and other amounts due to Minister A fee or other amount payable under this Act is recoverable by action in a court of competent jurisdiction as a debt due to the Minister. 96—Recovery of administrative and technical costs associated with contraventions (1) If a person has contravened this Act and the Minister— (a) has taken action to— (i) investigate the contravention; or (ii) issue an order under Part 7 Division 1 Subdivision 1 in respect of the contravention; or (iii) ensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 7 Division 1 Subdivision 1 or by an order of a court under this Act; or (b) has, in taking such action, incurred costs and expenses in taking samples or in conducting tests, examinations or analyses, the Minister may, by notice given in the prescribed manner to the person, require the person to pay to the Minister— (c) in respect of action to investigate the contravention or to issue an order under Part 7 Division 1 Subdivision 1 in respect of the contravention—a fee fixed by, or calculated in accordance with, the regulations; or (d) in respect of action to ensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 7 Division 1 Subdivision 1 or by an order of a court under this Act—the reasonable costs and expenses incurred by the Minister in taking that action; or (e) in respect of costs and expenses incurred in taking samples or in conducting tests, examinations or analyses—the reasonable costs and expenses so incurred by the Minister. (2) Subject to subsection (3), an amount payable to the Minister in accordance with a notice under this section must be paid within the period specified in the notice. (3) On application by a person who has been served a notice under this section, the Minister may, by notice given in the prescribed manner to the person— (a) extend the time for payment of an amount payable in accordance with the notice; or (b) waive payment of such an amount or reduce the amount payable. (4) A person who fails to pay an amount payable to the Minister in accordance with this section is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (5) If a notice is issued under this section in respect of a contravention and— (a) the contravention is the subject of an appeal; or (b) the notice requires payment of an amount in respect of the issue of an order under Part 7 Division 1 Subdivision 1 and the order is the subject of an appeal, the notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the contravention was committed or that the order was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined). (6) A notice served on the holder of an authorisation under this section in respect of a contravention of a condition of the authorisation— (a) must not require the payment of a fee in respect of action taken, or costs and expenses incurred, in investigating the contravention unless the contravention has been established, or is taken to have been established, against the holder of the authorisation; but (b) may require— (i) the payment of a fee in respect of the issue of an order under Part 7 Division 1 Subdivision 1 in respect of the contravention; or (ii) the payment of reasonable costs and expenses incurred— (A) in taking action to ensure compliance with requirements imposed in relation to the contravention by an order under Part 7 Division 1 Subdivision 1 or by an order of a court under this Act; or (B) in taking samples or in conducting tests, examinations or analyses in the course of taking such action, whether or not the contravention has been established, or is taken to have been established, against the holder of the authorisation. (7) For the purposes of subsection (6), a contravention of a condition of an authorisation has been established, or is taken to have been established, against the holder of the authorisation if— (a) a court, in criminal proceedings or in proceedings under section 66, has found that the holder of the authorisation committed the contravention; or (b) the holder of the authorisation, by negotiation with the Minister under section 66, has agreed to pay a civil penalty in respect of the contravention. 97—Assessment of reasonable costs and expenses For the purposes of this Act, the reasonable costs and expenses that have been or would be incurred by the Minister in taking any action are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by an independent contractor engaged for that purpose. 98—Regulations and fees notices (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) control activities or operations related to radioactive materials, radiation sources and radiation apparatus (including, but not limited to, mining or mineral processing operations or any form of dealing with radioactive materials, radiation sources or radiation apparatus); and (b) specify standards to be observed, practices and procedures to be followed and measures to be taken in relation to activities or operations referred to in paragraph (a); and (c) regulate, restrict or prohibit any act or thing that is involved in or related to an activity or operation referred to in paragraph (a); and (d) prescribe measures for the protection of people and the environment from the harmful effects of radiation; and (e) make provision for or in relation to the granting, issuing or giving of an accreditation, authorisation, permit or approval and the conditions to which it is subject; and (f) make provision for or in relation to the giving of directions for the purposes of the regulations; and (g) make provision for or in relation to the protection of the health and safety, and the training, examination and certification, of persons who engage or seek to engage in activities or operations referred to in paragraph (a); and (h) make provision for or in relation to the medical examination of persons exposed to radiation in the course of activities or operations referred to in paragraph (a); and (i) make provision for or in relation to the keeping of records, furnishing of information, and notification of accidents or other matters or events by persons carrying on activities or operations referred to in paragraph (a); and (j) make provision for the monitoring of levels of radiation exposure of persons engaged in activities or operations referred to in paragraph (a) and the monitoring of the health of such persons during and after such employment; and (k) make provision for or in relation to identity checks and security background checks; and (l) authorise the release of information obtained in the administration of this Act to any prescribed body; and (m) provide that contravention of a provision of the regulations constitutes a summary offence or a minor indictable offence and fix maximum penalties for such offences not exceeding— (i) in the case of a minor indictable offence— (A) in the case of a body corporate—$100 000; (B) in the case of a natural person—$20 000 or imprisonment for 5 years or both; (ii) in the case of a summary offence— (A) in the case of a body corporate—$50 000; (B) in the case of a natural person—$10 000; and (n) prescribe expiation fees not exceeding— (i) in the case of a body corporate—$5 000; (ii) in the case of a natural person—$1 000, for alleged offences against the regulations; (o) regulate the payment, refund, waiver or reduction of fees prescribed by the Minister under subsection (6). (3) Regulations under this Act may— (a) make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations under this Act; (b) include defences to offences against the regulations and evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences. (4) A provision referred to in subsection (3)(a) may, if the regulations so provide, take effect from the date of assent to this Act or a later day. (5) To the extent to which a provision referred to in subsection (3)(a) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or (b) to impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication. (6) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (7) The regulations may refer to or adopt, wholly or partially and with or without modification— (a) a code, standard or other document relating to matters in respect of which regulations may be made under this Act; or (b) an amendment to such a code, standard or other document. (8) Any regulations that refer to or adopt a code, standard or other document, or an amendment to a code, standard or other document, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary. (9) The regulations or a code, standard or other document referred to or adopted by the regulations may— (a) refer to or incorporate, wholly or partially and with or without modification, a standard, specification, guideline or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or a prescribed authority. (10) If— (a) a code, standard or other document is referred to or adopted by the regulations; or (b) the regulations, or a code, standard or other document referred to or adopted by the regulations, refers to or incorporates a standard, specification, guideline or other document prepared or published by a prescribed body, then— (c) a copy of the code, standard, specification, guideline or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (d) in any legal proceedings, evidence of the contents of the code, standard, specification, guideline or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard, specification, guideline or other document. 99—Review of Act (1) The Minister must cause a review of the operation of this Act to be conducted and a report on the results of the review to be submitted to the Minister. (2) The first review must be conducted within the period of 12 months after the tenth anniversary of the commencement of this Act and subsequent reviews must be conducted every 10 years. (3) The Minister must, within 12 sitting days after receiving a report of a review under this section, cause copies of the report to be laid before both Houses of Parliament. Schedule 1—Application of this Act to Roxby Downs Joint Venturers 1 This Act applies in relation to operations of the Joint Venturers carried out or to be carried out under the Indenture subject to the modifications set out in this Schedule. 2 An application for a mining licence by the Joint Venturers must be made to the Minister. 3 The Minister must, in connection with such an application, consult with the Mines Minister and the Joint Venturers. 4 The Minister must also refer the application to the Committee and give due consideration to the advice of the Committee. 5 (1) The following matters may be referred to arbitration by the Minister or the Joint Venturers: (a) a question, difference or dispute concerning the conditions proposed to be included at the time of grant in the mining licence to be granted to the Joint Venturers; (b) a question, difference or dispute concerning a decision of the Minister to impose a condition on, or vary or revoke a condition of, the mining licence granted to the Joint Venturers. (2) A reference to arbitration under subclause (1) is taken to be a reference to arbitration under clause 49 of the Indenture, and that clause applies, with such modifications as are necessary, to such a reference. (3) The Minister must comply with the decision of the arbitrator on a reference under subclause (1). (4) No other matter arising under this Act in relation to operations of the Joint Venturers carried out or to be carried out under the Indenture may be referred to arbitration under the Indenture, but nothing in this Act affects any right to arbitration under the Indenture or the Roxby Downs (Indenture Ratification) Act 1982. 6 (1) The Minister must, within 1 month after the Joint Venturers apply for a mining licence, give notice in writing to the Joint Venturers of the terms of the licence proposed to be granted and of the conditions proposed to be included in the licence at the time of grant. (2) The Minister must grant a mining licence to the Joint Venturers— (a) within 2 months after the application was made; or (b) if a question, difference or dispute concerning the conditions proposed to be included in the licence at the time of grant is referred within that period to arbitration but the arbitrator does not make a decision within that period, as soon as practicable after the arbitrator makes the decision. 7 (1) After consultation with the Mines Minister and the Joint Venturers, the Minister may, by notice in writing to the Joint Venturers, impose a condition on, or vary or revoke a condition of, the mining licence granted to the Joint Venturers. (2) At least 1 month before the Minister gives a notice under subclause (1), the Minister must give notice in writing to the Joint Venturers of the terms of any condition proposed to be imposed on the mining licence granted to the Joint Venturers or of any proposed variation or revocation of the conditions of the licence. 8 A decision of the Minister to impose a condition on, or vary or revoke a condition of, the mining licence granted to the Joint Venturers takes effect at the expiration of 1 month from the date on which notice is given under clause 7(1) or at the expiration of such greater period as the Minister may determine, but if a question, difference or dispute concerning the decision is referred within that period to arbitration the operation of the decision is suspended until the arbitrator makes a decision. 9 The conditions of the mining licence granted to the Joint Venturers must not be more stringent that the most stringent requirements and standards contained in any of the codes, standards or recommendations referred to in clause 10 of the Indenture. 10 The mining licence granted to the Joint Venturers must not be suspended or cancelled while the Indenture is in force. 11 The mining licence held by the Joint Venturers on the commencement of this Schedule will expire on 8 May 2036. 12 Sections 18(4), 19(4), 20(4), 36(3), 41, 42 and 43 do not apply. 13 In this Schedule— Indenture has the same meaning as in the Roxby Downs (Indenture Ratification) Act 1982; Joint Venturers has the same meaning as in the Roxby Downs (Indenture Ratification) Act 1982; Mines Minister means the Minister to whom the administration of the Mining Act 1971 is committed; mining licence means a radiation management licence authorising the carrying out of operations for the mining or processing of ores or extracted minerals.