Nuclear Activities Regulation Act 1978

Where the Minister is satisfied that —

the health or safety of persons, or the environment, is likely to be harmed by a situation resulting from a nuclear activity; and

the laws of the State (other than this section) do not make provision, or do not make adequate provision, for protecting the health or safety of persons likely to be affected by that situation, or for protecting the environment in so far as it is likely to be affected by that situation,

Any direction given under subsection (1) may specify terms and conditions to which the authority given by the direction is to be subject.

Subject to subsection (4), any direction given under subsection (1) unless earlier revoked remains in force until the expiration of the period of 14 days after the date of the direction.

The Governor may, if he is satisfied that it is necessary to do so, by Order, direct that a direction given under subsection (1) shall remain in force for such further period as is specified in the Order, not being a period extending 6 months after the date of the direction under subsection (1) and may in the Order give such further directions as he thinks are necessary to control and eliminate the situation for which a direction was given by the Minister pursuant to that subsection.

Any costs or expenses incurred by the Minister with respect to controlling or eliminating a special situation referred to in subsection (1) may be recovered by the Minister in a court of competent jurisdiction from any person whose act or omission caused the special situation.

Section 36 of the Interpretation Act 1918 ² applies to every Order made by the Governor pursuant to this section as though the Order were a regulation.

A person who fails to comply with any direction given under this section or hinders or obstructs the taking of any action in pursuance of such a direction, commits an offence.