Legislative Council: Tuesday, March 22, 2016

Contents

Nuclear Waste Storage Facility (Prohibition) (Public Money) Amendment Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (18:04): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Nuclear Waste Storage Facility (Prohibition) Act 2000 was passed by the South Australian Parliament to protect the health, safety and welfare of the people of South Australia and to protect the environment by prohibiting the establishment of certain nuclear waste storage facilities in this State.

Section 13 of the Nuclear Waste Storage Facility (Prohibition) Act 2000, states:

'Despite any other Act or law to the contrary, no public money may be appropriated, expended or advanced to any person for the purpose of encouraging or financing any activity associated with the construction or operation of a nuclear waste storage facility in this State.'

The Government has formed the view that the repeal of section 13 is necessary to remove barriers that prevent consultation with the community about the findings of the Nuclear Fuel Cycle Royal Commission.

The repeal of section 13 is necessary because it has potential to inhibit public consultation on the merits of a nuclear waste storage facility once the Nuclear Fuel Cycle Royal Commission hands down its final report to Government on May 6 2016.

Once the Royal Commission hands down its final report, there will be a period of extensive community engagement that is expected to involve the commitment of public resources to facilitate the process.

The repeal of section 13 does not signal a shift in the Government's policy on nuclear storage, and does not pave the way for a nuclear waste facility in South Australia. Section 8 of the Act, which prohibits the construction or operation of a nuclear waste storage facility in South Australia, is retained in its current form. This means that any such policy decision would require new legislation to be brought to the Parliament.

The Bill is consistent with Government's commitment to South Australians that Government will discuss and deliberate on the risks and opportunities of further participation in all aspects of the nuclear fuel cycle.

The Bill includes a retrospective commencement clause to take effect from the date of introduction into Parliament. The retrospective commencement date is to enable effective government planning to support public deliberation on the Royal Commission's final report.

The Royal Commission released its tentative findings on 15 February and will deliver its final report to Government by 6 May. The Government will then consult on the report's findings before a position is reached by the end of 2016.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

The measure will be taken to have commenced on the day on which it was first introduced into the Parliament.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Nuclear Waste Storage Facility (Prohibition) Act 2000

4—Repeal of section 13

Section 13 is repealed by this clause.

Debate adjourned on motion of Hon. T.J. Stephens.