Australian Radiation Protection and Nuclear Safety Amendment Regulations 2000 (No. 1) (Cth)
Australian Radiation Protection and Nuclear Safety Amendment Regulations 2000 (No. 1) 1
Statutory Rules 2000 No. 306 2
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Australian Radiation Protection and Nuclear Safety Act 1998. Dated 9 November 2000
WILLIAM DEANE
Governor-General
By His Excellency’s Command
grant tambling
Parliamentary Secretary to the Minister for Health
and Aged Care
These Regulations are the
Australian Radiation Protection and Nuclear Safety Amendment Regulations 2000 (No. 1) .
These Regulations commence on gazettal.
3 Amendment of Australian Radiation Protection and Nuclear Safety Regulations 1999 Schedule 1 amends the
Australian Radiation Protection and Nuclear Safety Regulations 1999 .
(regulation 3)
substitute
(3) However, the CEO may declare, in writing, on a case by case basis, that an apparatus is not a controlled apparatus.
Note A decision to refuse to make a declaration is reviewable under regulation 66.
(3A) The CEO must not make a declaration under subregulation (3) unless the CEO is satisfied that:
(a) the apparatus does not pose an unacceptable potential hazard to the health and safety of people or to the environment; and
(b) it would be inappropriate, in all the circumstances, for the apparatus to be a controlled apparatus.
substitute
(3) However, the CEO may declare, in writing, on a case by case basis, that a facility is not a prescribed radiation facility.
Note A decision to refuse to make a declaration is reviewable under regulation 66.
(3A) The CEO must not make a declaration under subregulation (3) unless the CEO is satisfied that:
(a) the facility does not pose an unacceptable potential hazard to the health and safety of people or to the environment; and
(b) it would be inappropriate, in all the circumstances, for the facility to be a prescribed radiation facility.
omit
insert
Division 2A Controlled person
6A Prescribed Commonwealth place For paragraph (d) of the definition of
controlled person in section 13 of the Act, the place known as Building 64, as shown on site plan drawing No. A3E 111993 dated November 1999, Lucas Heights Science and Research Centre, New Illawarra Road, Lucas Heights, in the local government area of Sutherland, Parish of Eckersley, County of Cumberland, erected on part of the land contained in Certificate of Title folio identifier 1/89876, is a prescribed Commonwealth place.
after contains
insert , or is designed to contain,
substitute
(1) The CEO may declare, in writing, on a case by case basis, that conduct of a kind mentioned in paragraph 30 (1) (a), (b), (c), (d) or (e) of the Act by a specified controlled person in relation to a specified controlled facility (including any future conduct by the controlled person in relation to the controlled facility) does not, or will not pose, an unacceptable potential hazard to the health and safety of people or to the environment.
Note A decision to refuse to make a declaration is reviewable under regulation 66.
renumber as subregulations 37 (2) and (3)
substitute
(4) For paragraph 30 (1) (g) of the Act, a controlled person is exempted in relation to conduct of a kind mentioned in paragraph 30 (1) (a), (b), (c), (d) or (e) of the Act in relation to a controlled facility if:
(a) the controlled person, the kind of conduct and the controlled facility are specified in a declaration that is made and published under this regulation; and
(b) the declaration is in effect at the time the conduct is undertaken.
omit subregulation 37 (2)
insert subregulation 37 (1)
substitute
(b) a description of the controlled person, the kind of conduct and the controlled facility that are to be the subject of the declaration, and the text of any statements permitted under subregulation 37 (2).
substitute
(1) For paragraph 31 (1) (b) of the Act, a dealing that is described in Part 1 of Schedule 2 is an exempt dealing.
after in writing,
insert on a case by case basis,
insert
Note A decision to refuse to make a declaration is reviewable under regulation 66.
after in writing,
insert on a case by case basis,
insert
Note A decision to refuse to make a declaration is reviewable under regulation 66.
after in writing,
insert on a case by case basis,
insert
Note A decision to refuse to make a declaration is reviewable under regulation 66.
substitute
Division 2A Licence application fees
For paragraph 34 (b) of the Act, this Division prescribes:
(a) the fee that must accompany an application for a facility licence; and
(b) the fee that must accompany an application for a source licence.
40B Facility licences — nuclear installations
(1) This regulation applies to an application for a facility licence that authorises persons to do a thing mentioned in column 2 of an item in Schedule 3A in relation to a controlled facility that is a nuclear installation.
(2) The application fee for the licence is the fee mentioned in column 3 of the item.
40C Facility licences — prescribed radiation facilities
(1) This regulation applies to an application for a facility licence that authorises persons to do a thing mentioned in paragraph 30 (1) (a), (b), (c), (d) or (e) of the Act in relation to a controlled facility that is a prescribed radiation facility of a kind mentioned in column 2 of an item in Part 1 of Schedule 3B.
(2) The application fee for the licence is:
(a) subject to paragraph (b), the fee mentioned in column 3 of the relevant item in Part 1 of Schedule 3B; or
(b) if the thing authorised to be done by the licence is mentioned in column 2 of an item in Part 2 of Schedule 3B — the fee mentioned in column 3 of that item.
(3) If the application is for a licence that authorises persons to do 2 or more of the things mentioned in paragraphs 30 (1) (a), (b), (c), (d) and (e) of the Act in relation to the controlled facility, the application fee for the licence is the sum of the application fees for each thing authorised to be done by the licence.
(1) This regulation applies to an application for a source licence that authorises persons to deal with a controlled apparatus or a controlled material of a kind mentioned in column 2 of an item in Group 1, 2 or 3 of Part 1 of Schedule 3C.
(2) The application fee for the licence is the fee mentioned in column 3 of the item in Part 2 of Schedule 3C that relates to the number of controlled apparatus or controlled materials from the same Group of Part 1 of Schedule 3C that:
(a) are sought to be dealt with under the application; and
(b) are in the same location.
(3) A controlled apparatus or controlled material (the
first controlled apparatus or controlled material ) is in thesame location as another controlled apparatus or controlled material (theother controlled apparatus or controlled material ) if the first controlled apparatus or controlled material is in an area within a radius of 5 kilometres of the other controlled apparatus or controlled material.
substitute
54 Approval required to construct safety item The holder of a licence, or a person covered by a licence, must not construct an item that is important for safety, and that is identified in a safety analysis report, as part of the construction of a controlled facility, unless the CEO has given the holder, or the person, approval to construct the item.
55 Approval required to load nuclear fuel The holder of a licence, or a person covered by a licence, must not load nuclear fuel into a controlled facility, as part of the construction of the facility, unless the CEO has given the holder, or the person, approval to load the fuel.
insert
Division 5 Licence annual charges
55A Time for payment of annual charge The annual charge for a facility licence or a source licence must be paid:
(a) for a licence held during the financial year ending on 30 June 2000 — on or before 30 days after the commencement of this regulation; and
(b) for a licence held during the financial year ending on 30 June 2001 — on or before the later of:
(i) 30 days after the commencement of this regulation; and
(ii) 30 days after the date when the licence was issued; and
(c) for a licence held during a later financial year — on or before the later of:
(i) 31 July in that financial year; and
(ii) 30 days after the date when the licence was issued.
55B Pro-rating of annual charge
(1) If a facility licence or source licence is not held during the whole of a financial year, the CEO may decide to pro-rate the amount of the annual charge for the licence for the year.
(2) If the CEO decides to pro-rate the amount of the annual charge, the amount must be pro-rated in accordance with regulation 55D.
(3) This regulation applies to:
(a) an annual charge, unpaid in part, or in full, at the commencement of this regulation, for a financial year that commenced before the commencement of this regulation; and
(b) an annual charge for each financial year that commences after the commencement of this regulation.
55C Refund of annual charge
(1) This regulation applies in relation to the annual charge for a facility licence or a source licence for a financial year if:
(a) the whole, or part, of the annual charge for the licence for the year has been paid; and
(b) the licence is suspended, cancelled or surrendered before the end of the year.
(2) The CEO may decide to refund to the holder of the licence part of the amount of the annual charge that has been paid for the licence for the year.
(3) If the CEO decides to refund part of the amount of the annual charge, the amount of the refund must be calculated in accordance with regulation 55D.
55D Method for pro-rating annual charge or calculating amount of refund
(1) This regulation sets out:
(a) for regulation 55B, the method for pro-rating the amount of annual charge for a facility licence or a source licence for a financial year; and
(b) for regulation 55C, the method for calculating the amount of annual charge for a facility licence or a source licence for a financial year that may be refunded to the holder of the licence.
(2) The method is:
where:
AC is the amount of the annual charge for the licence for the year.
M is the number of months of the year during which the licence is held.
Note The amount of the annual charge for a facility licence or a source licence for a year is prescribed in theAustralian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000 .
(3) For subregulation (2), a licence that is held for part of a month only is taken to be held for the whole of that month.
omit regulation 64.
insert regulation 62.
insert
Part 7 Miscellaneous
65 International agreements For paragraph 84 (3) (b) of the Act, each international agreement mentioned in Schedule 5 is prescribed.
66 Review of decisions by CEO
(1) A controlled person who is affected by a decision of the CEO to refuse to make a declaration under subregulation 4 (3), 6 (3), 37 (1), 38 (3), 38 (5) or 38 (6) may request that the Minister reconsider the CEO’s decision.
(2) The request must be:
(a) in writing; and
(b) given to the Minister within 90 days after the making of the decision.
(3) The Minister must reconsider the CEO’s decision and confirm, vary or set aside the decision.
Note Under section 27A of theAdministrative Appeals Tribunal Act 1975 , the Minister must give to any person whose interests are affected by the decision notice, in writing or otherwise, of the making of the decision and of the person’s right to have the decision reviewed. In giving that notice, the Minister must have regard to the Code of Practice determined under section 27B of that Act (Gazette No. S 432, 7 December 1994), accessible on the Internet at:
Minister is taken to have confirmed the CEO’s decision under subregulation (3) if the Minister does not give written notice of the Minister’s decision under that subregulation within 60 days after the request is received. (5) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister under subregulation (3) to confirm, vary or set aside the CEO’s decision.
[ 23 ] Schedule 2, Part 1, after item 7
insert
8 The dealing involves a controlled apparatus or controlled material that is part of, used in connection with, produced by, incorporated in, stored in, or disposed of in, a controlled facility for which a facility licence is in force.
[ 24 ] Schedules 3A to 3F
substitute
Schedule 3A Facility licence application fees — nuclear installations (regulation 40B)
Item
Thing authorised to be done by licence
Fee ($) 1
Preparing a site for a controlled facility, being a nuclear reactor that is designed:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) to have maximum thermal power of less than 1 megawatt
20 000
2
Constructing a controlled facility, being a nuclear reactor that is designed:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) to have maximum thermal power of less than 1 megawatt
125 000
3
Possessing or controlling a controlled facility, being a nuclear reactor:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) with maximum thermal power of less than 1 megawatt
100 000
4
Operating a controlled facility, being a nuclear reactor:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) with maximum thermal power of less than 1 megawatt
50 000
5
De-commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that:
(a) was used for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) had maximum thermal power of less than 1 megawatt
50 000
6
Preparing a site for a controlled facility, being a nuclear reactor that is designed:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) to have maximum thermal power of 1 megawatt or more
100 000
7
Constructing a controlled facility, being a nuclear reactor that is designed:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) to have maximum thermal power of 1 megawatt or more
400 000
8
Possessing or controlling a controlled facility, being a nuclear reactor:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) with maximum thermal power of 1 megawatt or more
20 000
9
Operating a controlled facility, being a nuclear reactor:
(a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) with maximum thermal power of 1 megawatt or more
300 000
10
De-commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that:
(a) was used for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and
(b) had maximum thermal power of 1 megawatt or more
100 000
11
Preparing a site for a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9
10 000
12
Constructing a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9
45 000
13
Possessing or controlling a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9
10 000
14
Operating a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9
45 000
15
De-commissioning, disposing of or abandoning a controlled facility, being a plant that was used for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9
20 000
16
Preparing a site for a controlled facility, being a nuclear waste storage or disposal facility that is designed to contain waste with an activity that is more than the relevant activity level prescribed by regulation 8
100 000
17
Constructing a controlled facility, being a nuclear waste storage or disposal facility that is designed to contain waste with an activity that is more than the relevant activity level prescribed by regulation 8
150 000
18
Possessing or controlling a controlled facility, being a nuclear waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8
10 000
19
Operating a controlled facility, being a nuclear waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8
150 000
20
De-commissioning, disposing of or abandoning a controlled facility, being a nuclear waste storage or disposal facility that formerly contained waste with an activity that is more than the relevant activity level prescribed by regulation 8
20 000
21
Preparing a site for a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11
50 000
22
Constructing a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11
100 000
23
Possessing or controlling a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11
10 000
24
Operating a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11
90 000
25
De-commissioning, disposing of, or abandoning a controlled facility, being a facility that formerly produced radioisotopes, containing a mixture of controlled materials, with an activity that was more than the activity level prescribed by regulation 11
20 000
Schedule 3B Facility licence application fees — prescribed radiation facilities (regulation 40C)
Part 1 Fees — general
Item
Kind of prescribed radiation facility
Fee ($) 1
Particle accelerator with a beam energy of more than 1 MeV
9 000
2
Particle accelerator capable of producing neutrons
9 000
3
Irradiator containing more than 10
15 Bq of a controlled material9 000
4
Irradiator containing more than 10
13 Bq of a controlled material but not including shielding as an integral part of its construction9 000
5
Irradiator containing more than 10
13 Bq of a controlled material and including shielding as an integral part of its construction, but the shielding does not prevent a person from being exposed to the source9 000
6
Irradiator containing more than 10
13 Bq of a controlled material and including shielding as an integral part of its construction, and with a source that is not inside the shielding during the operation of the irradiator
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Note If the application is for a licence that authorises persons to do 2 or more of the things mentioned in paragraphs 30 (1) (a), (b), (c), (d) and (e) of the Act in relation to the prescribed radiation facility, the application fee for the licence is the sum of the application fees for each thing authorised to be done by the licence — see subregulation 40C (3).
Part 2 Fees — other
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Schedule 3C Source licence application fees (regulation 40D)
Part 1 Kinds of controlled apparatus or controlled material
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Note The dictionary in these Regulations definessealed source andunsealed source .
Part 2 Fees
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insert
Schedule 5 International agreements (regulation 65)
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insert
application fee , for a licence, includes the ordinary costs of processing the application for the licence, but does not include any additional expenses that may be incurred by the CEO in respect of any peer review or consultancy that the CEO considers necessary for the purpose of deciding whether to issue the licence.
[ 27 ] Dictionary, after definition of external exposure
insert
holder , of a licence, means the controlled person to whom the licence is issued.
[ 28 ] Dictionary, after definition of Remuneration Tribunal
insert
same location , in relation to a controlled apparatus or controlled material — see subregulation 40D (3).
1. These Regulations amend Statutory Rules 1999 No. 37, as amended by 1999 No. 97.
2. Notified in the
Commonwealth of Australia Gazette
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