Repeat of post on cmr, edited for aruBoth CMR and ARU chairmen...

Repeat of post on cmr, edited for aru

Both CMR and ARU chairmen have said some uncertainties remain. I have reconsidered some of my earlier views and attempted to express these clearly to see where uncertainty could continue to exist.

Under the NT Self Government Act, the Commonwealth retained the power to approve uranium mining, whereas the Territory was empowered to approve mining for all other minerals. Under the Constitution, the Commonwealth also has the power to make laws for the Territories. If additional laws are needed to supplement Commonwealth powers on uranium mining it is a simple and quick matter to draft, enact and proclaim these.

Once the Commonwealth gives approval for a new uranium mine, the mining company can start immediately to build commission and commence mining. (There will be planning, ongoing-environmental, roads, etc regulations to meet). Lift off.

The Commonwealth transferred the power to regulate mining to the Northern Territory and these are outlined in the Mining and Mining Regulation Acts. However these are really only significant in the areas of occupational health and safety. The Territory will have no choice but to cooperate and apply these regulatory powers. The Commonwealth has no need to enact regulations on the mining process. However, if need be, again the Commonwealth can make any laws to fill the gaps using its Constitutional power. Of course, another section of the Constitution allows these laws to override any conflicting Territory law. Ian McFarlane will have no need to have regulatory powers introduced it seems.

Both Commonwealth and the NTG have jurisdiction on environmental matters, and have cooperated, as in the case of CMR, where a PER covering Commonwealth and NTG requirements was chosen over separate Commonwealth and NTG EIS’s. Should the NTG not chose to cooperate, or provide any additional resources for ARU requirements, the Commonwealth can call upon the Office of the Supervising Scientist which has resources located at the Ranger uranium mine, which currently monitors Ranger environmental impact in Kakadu National Park. If necessary, the role of OSS can be expanded.

There appear to be no ALRA isssues as ARU leases are not on Aboriginal land as defined by the ALRA. Some of ARU leases may be subject to the Native Title Act but Indigenous Land Use Agreements are readily negotiable. Mining cannot be blocked under the NTA.

A recent development is that the NT Environment Centre has released legal advice arguing that the NTG does have approval powers. Maybe or maybe not, it seems that there will be some debate for a little while yet.

In the meantime, there seems to be no more impediments to a new uranium mine, and no uncertainty whatsoever.

I am not a lawyer so get your own legal advice and have expressed my opinion only. I hold CMR and ARU shares.