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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Uranium Mining in
or near Australian World Heritage Properties (Prohibition) Bill
1998
No. ,
1998
(Senator
Allison)
A Bill for an Act to prohibit the
mining, extraction, treatment and transport of any uranium or uranium ore in or
near any property in Australia in the World Heritage List, and for related
purposes
Contents
A Bill for an Act to prohibit the mining, extraction,
treatment and transport of any uranium or uranium ore in or near any property in
Australia in the World Heritage List, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Uranium Mining in or near Australian
World Heritage Properties (Prohibition) Act 1998.
This Act commences on the day on which it receives the Royal
Assent.
In this Act, unless the contrary intention appears:
Convention means the Convention for the Protection of the
World Cultural and Natural Heritage that has been adopted by the General
Conference of the United Nations Educational, Scientific and Cultural
Organization, being the convention a copy of the English text of which is set
out in the Schedule to the World Heritage Properties Conservation Act
1983.
Federal Court means the Federal Court of Australia.
foreign corporation means a foreign corporation within the
meaning of paragraph 51(xx) of the Constitution.
prohibited activity means the mining, extraction, treatment
and transport of any uranium or uranium ore.
trading corporation means a trading corporation within the
meaning of paragraph 51(xx) of the Constitution.
A reference in this Act to identified property is a reference
to:
(a) the property as included in the World Heritage List provided for in
paragraph 1 of Article 11 of the Convention; or
(b) any part of a property referred to in paragraph (a); or
(c) any property adjacent or near to property identified in paragraph (a),
if prohibited activity undertaken on the property would have the potential to
affect World Heritage values under the Convention.
This Act extends to all the external Territories.
This Act binds the Crown in right of the Commonwealth, of each
State, of the Australian Capital Territory, of the Northern Territory and of
Norfolk Island, but nothing in this Act renders the Crown in right of the
Commonwealth, of a State, or of the Australian Capital Territory, or of the
Northern Territory or of Norfolk Island liable to be prosecuted for an
offence.
(1) It is unlawful for a person to carry out any prohibited activity on
any identified property.
(2) It is unlawful for a body corporate that:
(a) is a foreign corporation; or
(b) is incorporated in a Territory; or
(c) not being incorporated in a Territory, is a trading corporation formed
within the limits of the Commonwealth;
whether itself or by its servant or agent to carry out prohibited activity
on any identified property.
(1) The High Court or the Federal Court may, on the application of the
Attorney-General or of an interested person, grant an injunction restraining a
person from doing an act that is unlawful by virtue of section 7.
(2) Where, pursuant to subsection (1), an application is made to the High
Court or the Federal Court for an injunction restraining a person from doing an
act, the High Court or the Federal Court, as the case may be, may, if in the
opinion of the Court it is desirable to do so before determining the
application, grant an interim injunction restraining the person from doing that
act pending the determination of the application.
(3) The reference in subsection (1) to an interested person, in relation
to an act that is unlawful by virtue of section 7 in relation to particular
identified property, is to be read as a reference to:
(a) a person whose use or enjoyment of any part of the property is, or is
likely to be, adversely affected by the doing of the act; or
(b) an organisation or association of persons, whether incorporated or
not, the objects or purposes of which include, and activities of which relate
to, the protection or conservation of the identified property or of property of
a kind that includes the property.
(4) Subsection (3) does not apply in relation to an act done:
(a) before the organisation or association was formed;
(b) before the objects or purposes of the organisation or association
included the matter concerned; or
(c) before the organisation or association engaged in activities related
to the matter concerned.