Australian Radiation Protection and Nuclear Safety Amendment (2016 Measures No. 1) Regulation 2016 (Cth)

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Australian Radiation Protection and Nuclear Safety Amendment (2016 Measures No. 1) Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 05 May 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Ken Wyatt AM

Assistant Minister for Health and Aged Care

Parliamentary Secretary to the Minister for Health

Contents

1Name

This is the Australian Radiation Protection and Nuclear Safety Amendment (2016 Measures No. 1) Regulation 2016.

2Commencement
  1. (1)

    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.

The whole of this instrument

1 July 2016.

1 July 2016

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

  1. (2)

    Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Australian Radiation Protection and Nuclear Safety Act 1998.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1Amendments of fees

Australian Radiation Protection and Nuclear Safety Regulations 1999

1

Amendments of listed provisions—Schedule 3A

The items of the table in clause 1 of Schedule 3A listed in the following table are amended as set out in the table.

Amendments relating to facility licence application fees—nuclear installations

Item

Table item

Omit

Substitute

1

Item 1

28 021

28 777

2

Item 2

175 135

179 863

3

Item 3

140 109

143 891

4

Item 4

70 053

71 944

5

Item 5

70 053

71 944

6

Item 6

140 109

143 891

7

Item 7

560 434

575 565

8

Item 8

140 109

143 891

9

Item 9

600 467

616 679

10

Item 10

140 109

143 891

11

Item 11

14 010

14 388

12

Item 12

63 047

64 749

13

Item 13

14 010

14 388

14

Item 14

63 047

64 749

15

Item 15

28 021

28 777

16

Item 16

333 593

342 600

17

Item 17

400 311

411 119

18

Item 18

14 010

14 388

19

Item 19

210 163

215 837

20

Item 20

28 021

28 777

21

Item 21

70 053

71 944

22

Item 22

140 109

143 891

23

Item 23

14 010

14 388

24

Item 24

126 098

129 502

25

Item 25

28 021

28 777

  1. 2

    Amendments of listed provisions—Part 1 of Schedule 3B

The items of the table in clause 1 of Schedule 3B listed in the following table are amended as set out in the table.

Amendments relating to facility licence application fees—prescribed radiation facilities (general)

Item

Table item

Omit

Substitute

1

Item 1

12 609

12 949

2

Item 2

12 609

12 949

3

Item 3

12 609

12 949

4

Item 4

12 609

12 949

5

Item 5

12 609

12 949

6

Item 6

12 609

12 949

7

Item 7

25 220

25 900

  1. 3

    Amendments of listed provisions—Part 2 of Schedule 3B

The items of the table in clause 2 of Schedule 3B listed in the following table are amended as set out in the table.

Amendments relating to facility licence application fees—prescribed radiation facilities (other)

Item

Table item

Omit

Substitute

1

Item 1

42 032

43 166

2

Item 2

28 021

28 777

3

Item 3

42 032

43 166

4

Item 4

28 021

28 777

  1. 4

    Amendments of listed provisions—Part 2 of Schedule 3C

The items of the table in clause 2 of Schedule 3C listed in the following table are amended as set out in the table.

Amendments relating to source licence application fees

Item

Table item

Omit

Substitute

1

Item 1

700

718

2

Item 1

2 801

2 876

3

Item 1

8 405

8 631

4

Item 2

1 819

1 868

5

Item 2

5 604

5 755

6

Item 2

16 811

17 264

7

Item 3

3 503

3 597

8

Item 3

10 533

10 817

9

Item 3

30 822

31 654

Part 2Other amendments

Australian Radiation Protection and Nuclear Safety Regulations 1999

5

Regulation 5

Repeal the regulation.

6

Subregulation 6(1)

Omit all the words before paragraph (a), substitute:

  1. (1)

    For the definition of prescribed radiation facility in section 13 of the Act, the following facilities and installations are prescribed:

7

At the end of subregulation 6(1)

Add:

Note: A prescribed radiation facility is a controlled facility, see the definition of controlled facility in section 13 of the Act.

8

After regulation 6

Insert:

6AAPrescribed legacy site

For the definition of prescribed legacy site in section 13 of the Act, the place known as the Little Forest Legacy Site, as shown labelled as “LFLS” on site plan drawing No. AO SK 127039 revision G dated 1 July 2015, Little Forest Road, Lucas Heights, in the local government area of Sutherland, Parish of Holsworthy, County of Cumberland, erected on part of the land contained in Certificate of Title folio identifier 1/106967, is prescribed.

Note 1: Site plan drawing No. AO SK 127039 revision G could in 2016 be viewed on the Australian Nuclear Science and Technology Organisation’s website ( 2: The Little Forest Legacy Site was previously known as the Little Forest Burial Ground.

Note 3: A prescribed legacy site is a controlled facility, see the definition of controlled facility in section 13 of the Act.

9

Subregulations 30(2), 31(1), (2) and 35(2)

Omit “or the Council”.

10

Subregulation 35(3)

Omit “and to the Chair of the Council”.

11

Subregulations 37(1) and (4)

Omit “(d) or (e)”, substitute “(d), (e) or (ea)”.

12

After regulation 40C

Insert:

40CAFacility licences—prescribed legacy sites

  1. (1)

    This regulation applies to an application for a facility licence that authorises persons to do a thing mentioned in an item in the table in clause 1 of Schedule 3BA in relation to a controlled facility that is a prescribed legacy site.

  2. (2)

    The amount of the application fee for the licence is the amount mentioned in the item.

13

Paragraph 48(3)(b)

Repeal the paragraph.

14

Regulation 65

Omit “paragraph 84(3)(b)”, substitute “subsection 84(3)”.

15

Paragraph 66(2)(b)

Omit “90 days”, substitute “28 days”.

16

After Part 7

Insert:

Part 8—Application and transitional provisions

67Amendments made by the Australian Radiation Protection and Nuclear Safety Amendment (2016 Measures No. 1) Regulation 2016

The amendment made by item 14 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Amendment (2016 Measures No. 1) Regulation 2016 applies in relation to a decision of the CEO that is made on or after 1 July 2016.

17

Clause 1 of Schedule 1 (table items 1 and 2)

Repeal the items, substitute:

1

The reference levels mentioned in the International Commission on Non‑Ionizing Radiation Protection Guidelines for Limiting Exposure to Time‑Varying Electric and Magnetic Fields (1 Hz to 100 kHz), published in Health Physics 99(6):818‑836; 2010.

18

Clause 1 of Schedule 2 (table item 8)

Repeal the item.

19

Clause 2 of Schedule 2 (table item 6)

Omit “Ne‑13”, substitute “N‑13”.

20

After Schedule 3B

Insert:

Schedule 3BA—Facility licence application fees—prescribed legacy sites

Note: See regulation 40CA.

1Facility licence application fees—prescribed legacy sites

The following table sets out the amount of the application fee for a facility licence that authorises a person to do a thing mentioned in an item in the table in relation to a prescribed legacy site.

Facility licence application fees—prescribed legacy sites

Item

Thing authorised to be done by licence

Amount ($)

1

Possess or control a controlled facility that is a prescribed legacy site

14 010

2

Remediate a controlled facility that is a prescribed legacy site

210 163

3

Abandon a controlled facility that is a prescribed legacy site

28 021

21

Schedule 5

Repeal the Schedule, substitute:

Schedule 5—International agreements

Note: See regulation 65.

1International agreements

The following table sets out relevant international agreements.

Item

Title of agreement

Date agreement signed on behalf of Australia

1

Treaty on the Non‑Proliferation of Nuclear Weapons

27 February 1970

2

Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non‑Proliferation of Nuclear Weapons

10 July 1974

3

Convention on the Physical Protection of Nuclear Material

22 February 1984

4

Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

26 September 1986

5

Convention on Early Notification of a Nuclear Accident

26 September 1986

6

Convention on Nuclear Safety

20 September 1994

7

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

13 November 1998

8

Agreement for cooperation between the Government of Australia and the Government of the United States of America concerning technology for the separation of isotopes of uranium by laser excitation, with annexes, exchange of notes and agreed minutes

28 October 1999

9

International Convention for the Suppression of Acts of Nuclear Terrorism

14 September 2005

22

Dictionary

Repeal the Dictionary.

23

Amendments of listed provisions

Further amendments

Item

Provision

Omit

Substitute

1

Regulation 3 (definition of waste package)

nuclear waste storage facility or a nuclear waste

radioactive waste storage facility or a radioactive waste

2

Regulation 7 (heading)

nuclear waste

radioactive waste

3

Subregulation 7(1)

nuclear waste

radioactive waste

4

Subregulation 7(1) (note)

nuclear waste

radioactive waste

5

Regulation 8 (heading)

nuclear waste

radioactive waste

6

Subregulation 8(1)

nuclear waste

radioactive waste

7

Subregulation 8(2)

nuclear waste

radioactive waste

8

Subregulation 8(2) (note)

nuclear waste

radioactive waste

24

Amendments of listed provisions—Schedule 3A

The items of the table in clause 1 of Schedule 3A listed in the following table are amended as set out in the table.

Further amendments

Item

Table item

Omit

Substitute

1

Item 1, paragraph (a)

nuclear materials

radioactive materials

2

Item 2, paragraph (a)

nuclear materials

radioactive materials

3

Item 3, paragraph (a)

nuclear materials

radioactive materials

4

Item 4, paragraph (a)

nuclear materials

radioactive materials

5

Item 5, paragraph (a)

nuclear materials

radioactive materials

6

Item 6, paragraph (a)

nuclear materials

radioactive materials

7

Item 7, paragraph (a)

nuclear materials

radioactive materials

8

Item 8, paragraph (a)

nuclear materials

radioactive materials

9

Item 9, paragraph (a)

nuclear materials

radioactive materials

10

Item 10, paragraph (a)

nuclear materials

radioactive materials

11

Item 16, paragraphs (a) and (b)

nuclear waste

radioactive waste

12

Item 17, paragraphs (a) and (b)

nuclear waste

radioactive waste

13

Item 18, paragraphs (a) and (b)

nuclear waste

radioactive waste

14

Item 19, paragraphs (a) and (b)

nuclear waste

radioactive waste

15

Item 20, paragraphs (a) and (b)

nuclear waste

radioactive waste

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