Footnotes

CHAPTER 1 - INTRODUCTION

[1]        Parts of the following background are based on the December 2008 report of the Senate Standing Committee on Environment, Communications and the Arts, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, 18 December 2008.

[2]        Standing Committee on Environment, Communications and the Arts, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, 18 December 2008, p. 2.

[3]        House of Representatives Hansard, 24 February 2010, p. 1649.

[4]        House of Representatives Hansard, 24 February 2010, p. 1649.

[5]        EM, p. 4.

[6]        Proof Committee Hansard, 30 March 2010, p. 23.

[7]        Proof Committee Hansard, 30 March 2010, p. 43.

[8]        Proof Committee Hansard, 30 March 2010, p. 28.

[9]        Proof Committee Hansard, 30 March 2010, p. 28.

[10]      Submission 120, p. 1.

[11]      EM, p. 4.

[12]      ANSTO, letter to Minister Ferguson (22 July 2009), tabled 30 March 2010, p. 2.

[13]      ANSTO, letter to Minister Ferguson (22 July 2009), tabled 30 March 2010, p. 2.

[14]      Standing Committee on Environment, Communications and the Arts, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, 18 December 2008, p. 3.

[15]      Standing Committee on Environment, Communications and the Arts, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, 18 December 2008, p. 3.

[16]      Parliamentary Library, 'Radioactive waste and spent nuclear fuel management in Australia', 1 January 2006, accessed 23 March 2010.

[17]      The PB report was finalised in February 2010, and was tabled in the Senate on 11 March 2010 pursuant to a Senate order for the production of documents on 25 February 2010. The report is available at http://www.ret.gov.au/resources/radioactive_waste/waste_mgt_in_aust/Pages/RadioactiveWasteManagementinAustralia.aspx

[18]      Parliamentary Library, 'Commonwealth Radioactive Waste Management Bill 2005', Bills Digest, 28 October 2005, p. 2.

[19]      Standing Committee on Environment, Communications and the Arts, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, 18 December 2008, p. 5.

[20]      See paragraph 1.9.

[21]      Australian Labor Party, National Platform and Constitution 2007, Chapter 5, 'Nuclear Waste Facilities', http://pandora.nla.gov.au/pan/22093/20071124-0102/www.alp.org.au/platform/chapter_05.html#5uranium

[22]      'Govt's waste dump fiasco, cont'd', 6 March 2007, p. 1.

[23]      House of Representatives Hansard, 24 February 2010, p. 1650; and EM, p. 2.

[24]      Senator Scott Ludlam, Senate Hansard, 25 September 2008, p. 5588. The committee's report is available at https://www.aph.gov.au/senate/committee/eca_ctte/radioactive_waste/index.htm

CHAPTER 2 - OVERVIEW OF THE BILL

[1]        EM, p. 2.

[2]        National Radioactive Waste Management Bill 2010, proposed section 5(2).

[3]        A non-exhaustive list of such activities is provided in proposed subsection 10(3). This includes, for example, operation of drilling equipment, water extraction, flora and fauna collection and clearing of vegetation.

[4]        EM, p. 3.

[5]        EM, p. 3.

[6]        EM, p. 3. These requirements are essentially the same as those outlined above at paragraph 2.9.

[7]        EM, p. 3.

[8]        EM, p. 4.

[9]        EM, p. 4.

CHAPTER 3 - KEY ISSUES

[1]        Mr Kim Hill, Northern Land Council, Proof Committee Hansard, 30 March 2010, p. 15.

[2]        Senate Environment, Communications and the Arts Committee, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, December 2008, p. 19. The Bill considered in this report was a private senator's Bill, introduced by Senator Scott Ludlam (the Australian Greens). The purpose of the Bill was to repeal the current Act and a related Act, the Commonwealth Radioactive Waste Management Legislation Amendment Act 2006 (introduced to facilitate site nominations by a Northern Territory Land Council).

[3]        Senate Environment, Communications and the Arts Committee, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, December 2008, p. 21.

[4]        Office of the Aboriginal Land Commissioner, Report of Aboriginal Land Commissioner, 1997, p. 38.

[5]        Submission 227, p. 2.

[6]        Proof Committee Hansard, 12 April 2010, p. 21.

[7]        Proof Committee Hansard, 12 April 2010, p. 17.

[8]        Proof Committee Hansard, 30 March 2010, p. 17.

[9]        Answer to question on notice, received 28 April, 2010, p. 3.

[10]      Senate Environment, Communications and the Arts Committee, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, December 2008, p. 24.

[11]      Senate Environment, Communications and the Arts Committee, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, December 2008, p. 24.

[12]      Senate Environment, Communications and the Arts Committee, Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008, December 2008, p. 24.

[13]      Proof Committee Hansard, 30 March 2010, p. 15.

[14]      Proof Committee Hansard, 30 March 2010, p. 13.

[15]      Proof Committee Hansard, 30 March 2010, p. 17.

[16]      Proof Committee Hansard, 12 April 2010, p. 13.

[17]      Submission 235, p. 1.

[18]      Proof Committee Hansard, 12 April 2010, p. 29.

[19]      Proof Committee Hansard, 30 March 2010, p. 16.

[20]      Answer to question on notice, received 28 April 2010, p. 5.

[21]      Proof Committee Hansard, 30 March 2010, p. 16.

[22]      Proof Committee Hansard, 30 March 2010, p. 16.

[23]      Proof Committee Hansard, 30 March 2010, p. 16.

[24]      Proof Committee Hansard, 12 April 2010, p. 16.

[25]      National Radioactive Waste Management Bill 2010, proposed subsection 5(2).

[26]      Proof Committee Hansard, 30 March 2010, p. 10.

[27]      Proof Committee Hansard, 12 April 2010, p. 2.

[28]      Submission 147, p. 11.

[29]      Proof Committee Hansard, 12 April 2010, p. 20.

[30]      Submission 227, p. 4.

[31]      Submission 227, p. 5.

[32]      Proof Committee Hansard, 12 April 2010, pp 9-10.

[33]      Submission 226, p. 5.

[34]      Submission 226, pp 5-6.

[35]      Proof Committee Hansard, 30 March 2010, p. 2.

[36]      Submission 226, p. 5.

[37]      Submission 147, p. 18.

[38]      Proof Committee Hansard, 12 April 2010, p. 22.

[39]      Form letter 1, p. 2.

[40]      Answer to question on notice, received 12 April 2010, p. 9.

[41]      Proof Committee Hansard, 30 March 2010, p. 23.

[42]      Proof Committee Hansard, 30 March 2010, p. 28.

[43]      Proof Committee Hansard, 12 April 2010, p. 2.

[44]      Proof Committee Hansard, 12 April 2010, p. 2.

[45]      Proof Committee Hansard, 12 April 2010, p. 2.

[46]      Proof Committee Hansard, 30 March 2010, p. 4.

[47]      Explanatory Memorandum, p. 3.

[48]      Proof Committee Hansard, 30 March 2010, p. 2.

[49]      Proof Committee Hansard, 30 March 2010, p. 8.

[50]      Submission 226, p. 5.

[51]      Submission 226, p. 6.

[52]      Submission 226, p. 6.

[53]      EM, p. 2.

[54]      Proof Committee Hansard, 12 April 2010, p. 20.

[55]      Submission 227, p. 2.

[56]      Submission 145, p. 1.

[57]      Submission 145, p. 1.

[58]      Answer to question on notice, received 28 April 2010, p. 3.

[59]      See for example proposed section 9(7).

[60]      Proof Committee Hansard, 30 March 2010, p. 2.

[61]      Proof Committee Hansard, 30 March 2010, p. 10.

[62]      Submission 229, p. 2.

[63]      Submission 229, p. 9.

[64]      Submission 229, p. 9.

[65]      Submission 227, p. 3.

[66]      Submission 229, p. 9.

[67]      Submission 145, p. 2.

[68]      Department of Resources, Energy and Tourism, Answer to question on notice, received 12 April 2010, p. 5.

[69]      Answer to question on notice, received 28 April 2010, p. 7.

[70]      Submission 229, p. 10.

[71]      Submission 229, p. 10.

[72]      Submission 229, p. 10.

[73]      Proof Committee Hansard, 30 March 2010, p. 43.

[74]      Proof Committee Hansard, 30 March 2010, p. 7.

[75]      Department of Resources, Energy and Tourism, Answer to question on notice, received 12 April 2010 p. 5.

[76]      Submission 229, p. 12.

[77]      Proof Committee Hansard, 30 March 2010, p. 43.

[78]      Submission 229, p. 10.

[79]      Submission 229, p. 13.

[80]      Answer to question on notice, received 12 April 2010, p. 4.

[81]      Answer to question on notice, received 28 April 2010, p.8.

[82]      Answer to question on notice, received 28 April 2010 p.8.

[83]      A non-exhaustive list of such activities is provided in proposed subsection 10(3). This includes, for example, operation of drilling equipment, water extraction, flora and fauna collection and clearing of vegetation.

[84]      National Radioactive Waste Management Bill 2010, proposed sections 10 and 12.

[85]      EM, p. 15.

[86]      EM, p. 14.

[87]      EM, p. 3.

[88]      Submission 226, p. 6.

[89]      Submission 226, pp 6-7.

[90]      Proof Committee Hansard, 30 March 2010, p. 2.

[91]      Answer to question on notice, received 12 April 2010 p. 8.

[92]      Answer to question on notice, received 12 April 2010 p. 8.

[93]      Submission 229, p. 3; see also Northern Territory Government, Submission 147, p. 10.

[94]      Submission 229, p. 3.

[95]      Submission 229, p. 4.

[96]      Proof Committee Hansard, 30 March 2010, p. 44.

[97]      Submission 229, p. 4.

[98]      Submission 147, p. 12.

[99]      Answer to question on notice, received 12 April 2010 p. 2.

[100]    Answer to question on notice, received 12 April 2010 p. 3.

[101]    Answer to question on notice, received 30 March 2010, p. 2.

[102]    Submission 226, p. 7.

[103]    Submission 229, p. 6.

[104]    Answer to question on notice, received 12 April 2010, p. 3.

[105]    Submission 175, p. 1.

[106]    Answer to question on notice, received 30 March 2010, p. 1.

[107]    Department of Resources, Energy and Tourism, Proof Committee Hansard, 30 March 2010, p. 9.

[108]    Answer to question on notice, received 30 March 2010, p. 2.

[109]    ARPANSA website, Code of Practice for the Safe Transport of Radioactive Material (2008), http://www.arpansa.gov.au/Publications/codes/rps2.cfm, accessed 4/05/2010.

[110]    Regulatory guidance for radioactive waste management facilities: near surface disposal facilities; and storage facilities, December 2006, available at http://www.arpansa.gov.au/pubs/waste/rwmfacilities_reg_guid.pdf

[111]    Submission 229, p. 2.

[112]    Submission 229, p. 3.

[113]    Submission 229, p. 3.

[114]    Answer to question on notice, received 12 April 2010, p. 1.

[115]    Answer to question on notice, received 12 April 2010, p. 2.

[116]    Answer to question on notice, received 12 April 2010, p. 2.

[117]    Answer to question on notice, received 12 April 2010, p. 2.

[118]    Answer to question on notice, received 12 April 2010, p. 2.

[119]    Senate Standing Committee on the Scrutiny of Bills, Alert Digest (No. 3 of 2010), 10 March 2010, p. 10.

[120]    Senate Standing Committee on the Scrutiny of Bills, Alert Digest (No. 3 of 2010), 10 March 2010, p. 10.

[121]    Acts Interpretation Act 1901 (Cth), section 15AA.

Additional comments from Liberal Senators

[1]        'Govt's waste dump fiasco, cont'd', 6 March 2007, p. 1.

[2]        'Govt's waste dump fiasco, cont'd', 6 March 2007, p. 1.

[3]        Submission 147, p. 4.

[4]        Submission 147, p. 5.

Dissenting Report by Australian Greens

[1]        Statement by Shadow Science Minister, Senator Kim Carr, 27 September 2007.

[2]        Australian Policy Handbook, cited in Mr. Dave Sweeney's evidence provided to the Committee hearing held 30 March 2010, p. 41.

[3]        Submission from Stephen Leonard, lawyer representing Muckaty Traditional Owners.

[4]        https://www.aph.gov.au/hansard/senate/commttee/S12917.pdf

[5]        Dr. Prest evidence given 30 March 2010, p 35.

[6]        IAEA, Factors Affecting Puablic and Political Acceptance for the Implementation of Geological Disposal (IAEA-TECDOC-1566) Vienna, October 2007.

[7]        IAEA, The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management – Summary Report First Review Meeting of the Contracting Parties Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management 24 December 1997.

[8]        McINTOSH, Mr Steven, Senior Adviser, Government Liaison, Australian Nuclear Science and Technology Organisation.

[9]        McINTOSH, Mr Steven, Senior Adviser, Government Liaison, Australian Nuclear Science and Technology Organisation.

[10]      IAEA, Factors Affecting Public and Political Acceptance for the Implementation of Geological Disposal (IAEA-TECDOC-1566) Vienna, October 2007.

[11]      IAEA, The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management – Summary Report First Review Meeting of the Contracting Parties Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management 24 December 1997.