Antinuclear

Australian news, and some related international items

Little chance for genuine community consultation on Napandee nuclear waste dump decision

MY COMMENTS
What is difficult about these legislative provisions is to know what they mean and why are they there
They are probably meaningless for it is only an invitation with no result to a very restricted group of persons.

I should have thought that if you had a right or interest in the nominated land then you would have been included in the formal nomination
The only persons with a right or interest may be Aboriginal peoples under customary or ancestral ownership

What’s the betting no one in Pitt’s group will have a proper answer or even knows what it means as it is extremely poor drafting

NATIONAL RADIOACTIVE WASTE MANAGEMENT ACT 2012 as amended in 2021
There appear to be only very limited rights for community consultation underthe National Radioactive Waste Management Act 2012 as recently amended despite statements to the contrary

The problem under subsections (5) and (6) of section 10 of this legislation – and replicated for a subsequent situation by subsections (2) and (3) of section 18 – is that there is reference to only persons with a right or interest in the land

Regrettably this is rather vague and on black letter law extremely narrow in its context – what is the right or interest in the land ? with whom and how is the consultation process started ?


These provisions do not encompass or provide for the general community consultations claimed by virtue of the ultimate amendments to the legislation


In fact the community consultation process under the new legislation is extensively restrictive and does no credit to the senators claiming to have achieved a basis for considerable and comprehensive consultations before a ministerial declaration is made under the legislation.

It is certainly not the strong community consultation lauded as having beenachieved by the recently agreed amendments
Added to the seemingly lack of knowledge or simply ignorance of the technicalities and dangerous nature of nuclear waste and its proper management becomes unintentionally a rather toxic combination playing right into the current responsible minister’s hands.


It is unrealistic to rely on the progressive development of the facility for community consultations as obviously the minister will want to rush throughThe the facility’s establishment without any impediments or delays

Section 10(5) of original 2012 legislation reads


Division 4—Procedural fairness in relation to Minister’s declarations and
approvals
10 Procedural fairness in relation to Minister’s declarations and approvals
Section 10

(5) A notice under paragraph (4)(a) or (b) must:
(a) state that the Minister proposes to approve land, or a specified part of land,
under section 9; and
(b) if the notice is given under paragraph (4)(a)—invite each nominator of the
land to comment on the proposed approval; and
(c) if the notice is published under paragraph (4)(b)—invite persons with a right
or interest in the land to comment on the proposed approval; and
(d) specify the address to which comments may be sent; and
(e) specify the date by which comments must be received, which must be at
least 60 days after the notice is given or published.

Division 2—Procedural fairness
18 Procedural fairness in relation to Minister’s declarations
(2) A notice under paragraph (1)(a) or (b) must:
(a) state that the Minister proposes to make a declaration under subsection
14(2) or (4); and
(b) set out details of the proposed declaration; and
2

The compilation of the 2012 legislation following the recent amendments in
June 2021 still have similar provisions
10 Procedural fairness in relation to Minister’s declarations and approvals
Declaration under section 9

Section 10(5)
A notice under paragraph (4)(a) or (b) must:
(a) state that the Minister proposes to approve land, or a specified part of land,
under section 9; and
(b) if the notice is given under paragraph (4)(a)—invite each nominator of the
land to comment on the proposed approval; and
(c) if the notice is published under paragraph (4)(b)—invite persons with a right
or interest in the land to comment on the proposed approval; and
(d) specify the address to which comments may be sent; and
(e) specify the date by which comments must be received, which must be at
least 60 days after the notice is given or published.

18 Procedural fairness in relation to Minister’s declaration
Section 18(2)
A notice under paragraph (1)(a) or (b) must:
(a) state that the Minister proposes to make a declaration under subsection
14(2) or (4); and

(b) set out details of the proposed declaration; and
(c) if the notice is given under paragraph (1)(a)—invite each nominator of the
land to comment on the proposed declaration; and
(d) if the notice is published under paragraph (1)(b)—invite persons with a right
or interest in the land to comment on the proposed declaration; and
(e) specify the address to which comments may be sent; and
(f) specify the date by which comments must be received, which must be at
least 60 days after the notice is given or published.

MY COMMENTS
What is difficult about these legislative provisions is to know what they mean and why are they there
They are probably meaningless for it is only an invitation with no result to a very restricted group of persons.

I should have thought that if you had a right or interest in the nominated land then you would have been included in the formal nomination
The only persons with a right or interest may be Aboriginal peoples under customary or ancestral ownership

What’s the betting no one in Pitt’s group will have a proper answer or even knows what it means as it is extremely poor drafting

August 23, 2021 - Posted by | AUSTRALIA - NATIONAL, politics, weapons and war

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