Nuclear Activities Regulation Act 1978 (WA)

Western Australia Nuclear Activities Regulation Act 1978 Western Australia Nuclear Activities Regulation Act 1978 Contents 1. Short title 1 2. Object 1 3. Crown bound 1 4. Interpretation 1 5. Relation to other laws 3 6. Formulation of codes of practice 3 7. Administration of regulations 5 8. Inspectors 6 9. Special situations 6 10. Secrecy 8 11. Report to Parliament 8 12. Regulations 8 Notes Compilation table 12 Defined terms Western Australia Nuclear Activities Regulation Act 1978 An Act to make provision with respect to the regulation and control of nuclear activities, for the formulation and adoption of codes of practice in relation thereto, and for incidental and other purposes.

1. Short title This Act may be cited as the Nuclear Activities Regulation Act 1978 1.

2. Object The object of this Act is to make provision for protecting the health and safety of the people of the State, and the environment, from possible harmful effects associated with nuclear activities.

3. Crown bound (1) The possession, storage, use, handling or disposal of, or other dealing with, any prescribed substance by the Minister or any other Minister charged with the administration of any regulations made under this Act or a person authorised by the Minister or that other Minister in the performance of that person's duties under this or any other Act is not unlawful. (2) Except as provided in subsection (1), this Act binds the Crown.

4. Interpretation In this Act unless the contrary intention appears — Commonwealth law means the Environment Protection (Nuclear Codes) Act 1978 of the Parliament of the Commonwealth and any Act amending or in substitution for that Act; inspector means an inspector or authorised officer designated as an inspector pursuant to section 8; mineral includes any substance obtained or obtainable from the earth by underground or surface working; nuclear activities includes — (a) the mining (whether by underground or surface working) or recovery of any prescribed substance or any mineral containing a prescribed substance; (b) the production of any prescribed substance; (c) the milling, refining, treatment, processing, re‑processing, fabrication, enrichment of — (i) any prescribed substance; or (ii) any mineral, or other matter, that contains a prescribed substance; (d) the use of any substance, mineral or matter referred to in paragraph (c)(i) or (ii) of this interpretation in the production of nuclear energy; (e) the construction, operation or decommissioning of a mine, plant, facility, structure, apparatus or equipment used in, or in association or connection with, any operation or activity referred to in paragraphs (a), (b), (c) or (d) of this interpretation; and (f) any operation or activity connected or associated with or incidental to any operation or activity referred to in paragraphs (a), (b), (c), (d) or (e) of this interpretation including the use, storage, handling, transportation, possession, acquisition, abandonment or disposal of — (i) any prescribed substance; or (ii) any mineral, or other matter, that contains a prescribed substance, for or in connection with such an activity; nuclear energy means any form of energy released in the course of nuclear fission, nuclear fusion or other nuclear transmutation; Order means Order in Council published in the Government Gazette; prescribed substance means — (a) radium, uranium, thorium, or any other substance declared by the regulations to be capable of being used for the production of nuclear energy or to be a radioactive substance; and (b) any derivative or compound of a substance to which paragraph (a) of this interpretation applies; section means a section of this Act; subsection means a subsection of the section wherein that term is used.