Under section 109 of the Australian Constitution, if a state parliament and the federal Parliament pass conflicting laws on the same subject, then the federal law overrides the state law. Section 122 of the Constitution allows the federal Parliament to override a territory law at any time
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Tim Bickmore Fight To Stop Nuclear Waste Dump In Flinders Ranges, 26 Oct 19, SA Despite this reference to the Federal Act over-riding State laws; however there may be constitutional grounds rendering the FA invalid ie State’s Rights are enshrined in the Constitution & there is no provision for, nor mention of radioactive waste or nuclear power.
This deficiency was recognised decades ago [1959] as described by former WMC ODM exec Richard Yeeles (also adviser to 2 State Premiers inc current one) to the NFCRC….
“… Pointing to ‘other aspects of the application of nuclear science which put beyond all doubt the national character of the health and safety problems to which they give rise,’ the Committee raised the scenario that ‘it would be possible for dangers to health to occur in one state which would affect another state,’ such as ‘the spread of radioactive materials following a disaster.’ It also instanced, with considerable foresight as subsequent events would confirm, that ‘disposal of radioactive waste is an important problem demanding strict control. Waste from one state may need to be stored in another.’ In conclusion, the Committee advised the Government and the Parliament that: In the interests of health and safety, complex uniform regulations, standards and conditions are necessary in relation to the construction of reactors, operation of reactors, processing of fuel elements, use of isotopes, transport of radioactive material and the technical, industrial and medical standards of persons engaged. To facilitate such arrangements, ‘any doubts would be removed by an express power with respect to nuclear energy’ to be provided for in the Australian Constitution. – Report of the Joint Committee on Constitutional Review, November 1959.The advice of the Joint Committee on Constitutional Review to amend the Australian Constitution to facilitate the development of a national nuclear industry was not taken up by the Menzies Government, or any subsequent federal administration.” p20 http://nuclearrc.sa.gov.au/…/Richard-Yeeles-19-05-2015.pdf https://www.facebook.com/groups/941313402573199/ |
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