Document ID: chunk:federal_register_of_legislation:C2004A01217:clause:1_16a
Version: federal_register_of_legislation:C2004A01217
Segment Type: clause
Provision Reference: sch 1 cl 16A
Character Range: 4593–6854

16A  Permit to establish facility

Grant of permit

 (1) The Minister may grant a written permit for work to be carried out to establish a facility described in paragraph 28A(1)(a), but only if the Director's report under paragraph 12(2)(b) relating to the application for the permit states that the Director is satisfied that:
 (a) the applicant for the permit has provided the Director with all information the applicant was required under paragraph 12(2)(a) to provide in relation to the application; and
 (b) appropriate procedures could be applied at the facility for the implementation of the Australian safeguards system in relation to nuclear material and associated items to be stored or used at the facility; and
 (c) adequate physical security could be applied to nuclear material and associated items at the facility.

Note: Paragraph 28A(1)(a) describes the following facilities:

(a) a nuclear facility;

(b) a facility for the carrying out of nuclear activities;

(c) a facility for the use of associated equipment to which this Part applies.

Restrictions and conditions

 (2) The permit is granted subject to the restrictions and conditions specified in it.

 (3) The permit may specify restrictions and conditions in respect of:
 (a) design of the facility to facilitate:
 (i) the operation of the Australian safeguards system in relation to the facility; and
 (ii) the physical security of nuclear material or an associated item that is to be stored or used in the facility; and
 (b) inspection of the work and the facility by inspectors and Agency inspectors; and
 (c) reports relating to the work and the facility (including reports on incidents affecting the work or the facility).

 (4) A condition in respect of the doing of an act or thing may be specified by reference to the approval or consent of a specified person being obtained before the act or thing may be done.

 (5) Subsections (3) and (4) do not limit the restrictions and conditions that may be specified in the permit.

Variation of permit

 (6) The Minister may vary in writing the permit. The variation takes effect on the day on which notice of the variation is given under subsection 22(1) to the holder of the permit or on a later day specified in the variation.