Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000 (Cth)
made under the
This is a
compilation of the
The notes at the
end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000 .
(1) In these Regulations:
Act means theAustralian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 .ARPANS Act means theAustralian Radiation Protection and Nuclear Safety Act 1998 .ARPANS Regulations means theAustralian Radiation Protection and Nuclear Safety Regulations 1999 .designated licence holder : if a licence holder mentioned in an item in the table in clause 1 of Schedule 2B holds one or more facility licences during a financial year, the licence holder is adesignated licence holder for the year.(2) Unless the contrary intention appears, an expression used in these Regulations that is defined in the ARPANS Act or the ARPANS Regulations has the same meaning in these Regulations as it has in the ARPANS Act or the ARPANS Regulations.
(1) For subsection 4(2) of the Act, this regulation prescribes the amount of the charge for a financial year for a facility licence (other than a facility licence held by a designated licence holder for the year) that authorises persons to do a thing mentioned in an item in the table in clause 1 of Schedule 1 in relation to a controlled facility that is a nuclear installation.
Note: The amount of the charge for a financial year for all facility licences held by a designated licence holder is set out in Schedule 2B (see regulation 5B).
(2) The amount of the charge for the licence for the year is the amount mentioned in the item.
Note: Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro‑rating and refunds.
(1) For subsection 4(2) of the Act, this regulation prescribes the amount of the charge for a financial year for a facility licence (other than a facility licence held by a designated licence holder for the year) that authorises persons to do a thing mentioned in paragraph 30(1)(a), (b), (c), (d) or (e) of the ARPANS Act in relation to a controlled facility that is a prescribed radiation facility of a kind mentioned in an item in the table in clause 1 of Schedule 2.
Note: The amount of the charge for a financial year for all facility licences held by a designated licence holder is set out in Schedule 2B (see regulation 5B).
(2) The amount of the charge for the licence for the year is:
(a) subject to paragraph (b) and subregulation (3), the amount mentioned in the item mentioned in subregulation (1); or
(b) if the thing authorised to be done by the licence is mentioned in an item in the table in clause 2 of Schedule 2 (the
clause 2 item )—the amount mentioned in the clause 2 item.
(3) If the licence authorises persons to do 2 or more of the things mentioned in paragraphs 30(1)(a), (b), (c), (d) and (e) of the ARPANS Act in relation to the controlled facility, the amount of the charge for the licence for the year is the sum of the amounts of charge that would have been applicable under subregulation (2) if there had been separate licences for each of those things.
Note: Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro‑rating and refunds.
(1) For subsection 4(2) of the Act, this regulation prescribes the amount of the charge for a financial year for a facility licence (other than a facility licence held by a designated licence holder for the year) that authorises persons to do a thing mentioned in an item in the table in clause 1 of Schedule 2A in relation to a controlled facility that is a prescribed legacy site.
(2) The amount of the charge for the licence for the year is the amount mentioned in the item.
Note: Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro‑rating and refunds.
(1) For subsection 4(2) of the Act, this regulation prescribes the amount of the charge for a financial year for all facility licences held by a licence holder that is a designated licence holder for the year.
(2) The amount of the charge for the facility licences for the year is the amount mentioned in the item in the table in clause 1 of Schedule 2B that relates to the designated licence holder.
(1) For subsection 5(2) of the Act, this regulation prescribes the amount of the charge for a financial year for a source licence that authorises persons to deal with a controlled apparatus or a controlled material of a kind mentioned in an item in a Group in the table in clause 1 of Schedule 3.
(2) Subject to subregulation (3), the amount of the charge is:
(a) for a licence that authorises persons to deal with controlled apparatus or controlled materials in the same location:
(i) if the controlled apparatus or controlled materials are from the same Group—the amount mentioned in the item in the table in clause 2 of Schedule 3 that relates to the number of controlled apparatus or controlled materials from that Group; and
(ii) if the controlled apparatus or controlled materials are from 2 or more Groups—the sum of the amounts mentioned in the items in the table in clause 2 of Schedule 3 that relate to the number of controlled apparatus or controlled materials from each of those Groups; and
(b) for a licence that authorises persons to deal with controlled apparatus or controlled materials in 2 or more locations—the sum of the amounts mentioned in the items in the table in clause 2 of Schedule 3 that relate to the number of controlled apparatus or controlled materials from each Group that persons are authorised to deal with in each location.
Note:
Same location is defined in subregulation 40D(3) of the ARPANS Regulations (see regulation 3 of those Regulations).(3) If the holder of the licence is a controlled person mentioned in an item in the table in clause 3 of Schedule 3, the amount of the charge for the year for all source licences held by that person for the year is the amount mentioned in that item.
Note: Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro‑rating and refunds.
(regulation 4)
The following table sets out the amount of the charge for a financial year for a facility licence (other than a facility licence held by a designated licence holder for the year) that authorises a person to do a thing mentioned in an item in the table in relation to a controlled facility that is a nuclear installation.
1 | Preparing a site for a controlled facility, being a nuclear reactor that is designed:
| 26,375 |
2 | Constructing a controlled facility, being a nuclear reactor that is designed:
| 65,944 |
3 | Possessing or controlling a controlled facility, being a nuclear reactor:
| 26,375 |
4 | Operating a controlled facility, being a nuclear reactor:
| 131,892 |
5 | De‑commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that:
| 65,944 |
6 | Preparing a site for a controlled facility, being a nuclear reactor that is designed:
| 52,756 |
7 | Constructing a controlled facility, being a nuclear reactor that is designed:
| 131,892 |
8 | Possessing or controlling a controlled facility, being a nuclear reactor:
| 131,892 |
9 | Operating a controlled facility, being a nuclear reactor:
| 1,015,569 |
10 | De‑commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that:
| 263,784 |
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 | 13,187 |
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 | 26,375 |
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 | 13,187 |
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 | 65,944 |
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 | 26,375 |
16 | Preparing a site for a controlled facility, being a radioactive 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 of the ARPANS Regulations | 13,187 |
17 | Constructing a controlled facility, being a radioactive 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 of the ARPANS Regulations | 26,375 |
18 | Possessing or controlling a controlled facility, being a radioactive waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 13,187 |
19 | Operating a controlled facility, being a radioactive waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 65,944 |
20 | De‑commissioning, disposing of or abandoning a controlled facility, being a radioactive waste storage or disposal facility that formerly contained waste with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 26,375 |
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 of the ARPANS Regulations | 26,375 |
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 of the ARPANS Regulations | 65,944 |
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 of the ARPANS Regulations | 26,375 |
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 of the ARPANS Regulations | 105,512 |
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 of the ARPANS Regulations | 65,944 |
(regulation 5)
The following table sets out the amount of the charge for a financial year for a facility licence (other than a facility licence held by a designated licence holder for the year) that authorises a person to do a thing in relation to a controlled facility that is a prescribed radiation facility of a kind mentioned in an item in the table (except if the thing is mentioned in an item in the table in clause 2).
1 | Particle accelerator that:
(b) can produce neutrons | 13,563 | |
3 | Irradiator containing more than 10 | 13,563 | |
4 | Irradiator containing more than 10 | 13,563 | |
5 | Irradiator containing more than 10 | 13,563 | |
6 | Irradiator containing more than 10 | 13,563 | |
7 | Facility for the production, processing, use, storage, management or disposal of:
| 27,130 | |
Note: If the licence authorises persons to do 2 or more of the things mentioned in paragraphs 30(1)(a), (b), (c), (d) and (e) of the ARPANS Act in relation to the prescribed radiation facility, the annual charge for the licence is the sum of the amounts of the charges that would have been applicable if there had been separate licences for each of those things—see subregulation 5(3).
The following table sets out the amount of the charge for a financial year for a facility licence (other than a facility licence held by a designated licence holder for the year) that authorises a person to do a thing mentioned in an item in the table in relation to a prescribed radiation facility.
1 | De‑commissioning a controlled facility, being a prescribed radiation facility that was formerly used as a nuclear or atomic weapon test site | 45,217 |
2 | Disposing of or abandoning a controlled facility, being a prescribed radiation facility that was formerly used as a nuclear or atomic weapon test site | 30,144 |
3 | De‑commissioning a controlled facility, being a prescribed radiation facility that was formerly used for the mining, processing, use, storage, management or disposal of radioactive ores | 45,217 |
4 | Disposing of or abandoning a controlled facility, being a prescribed radiation facility that was formerly used for the mining, processing, use, storage, management or disposal of radioactive ores | 30,144 |
Note: See regulation 5A.
The following table sets out the amount of the charge for a financial year for a facility licence (other than a facility licence held by a designated licence holder for the year) that authorises a person to do a thing mentioned in an item in the table in relation to a controlled facility that is a prescribed legacy site.
1 | Possess or control a controlled facility that is a prescribed legacy site | 14,573 |
2 | Remediate a controlled facility that is a prescribed legacy site | 220,155 |
3 | Abandon a controlled facility that is a prescribed legacy site | 29,352 |
Note: See regulation 5B.
The following table sets out the amount of the charge for a financial year for all facility licences held by a designated licence holder for the year mentioned in an item in the table.
1 | Australian Nuclear Science and Technology Organisation | 2,375,798 |
2 | Department of Defence | 289,177 |
(regulation 6)
The following table sets out kinds of controlled apparatus and controlled materials for the purpose of determining the amount of the charge for a financial year for a source licence.
1 | Sealed source for calibration purposes of activity of 40 MBq or less | ||
2 | Sealed source in a fully enclosed analytical device | ||
3 | Sealed source with activity of 400 MBq or less in a fixed gauge | ||
4 | Sealed source in a blood irradiator | ||
5 | Sealed source in a bone densitometer | ||
6 | Sealed source that: (a) is in storage and awaiting disposal; and
| ||
7 | Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity not more than 100 times the activity value for that nuclide set out in an item in the table in clause 2 of Schedule 2 to the ARPANS Regulations | ||
8 | Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the activity value for that nuclide set out in an item in the table in clause 2 of Schedule 2 to the ARPANS Regulations, the total of the results for all nuclides in the source, or sources, is not more than 100 | ||
9 | Mammographic x‑ray unit | ||
10 | Conventional dental x‑ray unit | ||
11 | X‑ray unit used for bone densitometry | ||
12 | X‑ray unit used for veterinary radiography | ||
13 | Fully enclosed x‑ray analysis unit | ||
14 | Baggage inspection x‑ray unit | ||
15 | Mobile or portable medical x‑ray unit | ||
16 | Magnetic field non‑destructive testing device | ||
17 | Induction heater or induction furnace | ||
18 | Industrial radiofrequency heater or welder | ||
19 | Radiofrequency plasma tube | ||
20 | Microwave or radiofrequency diathermy equipment | ||
21 | Industrial microwave or radiofrequency processing system | ||
22 | Optical source, other than a laser product, emitting ultraviolet radiation, infra‑red or visible light. | ||
23 | Laser product with an accessible emission that exceeds the
accessible emission limits of a Class 3R laser product, as set out in
Australian/New Zealand Standard AS/NZS IEC 60825.1:2014 | ||
24 | Optical fibre communication system exceeding Hazard Level
3R, as set out in Australian/New Zealand Standard AS/NZS IEC 60825.2:2011 | ||
24A | Sealed source of controlled material not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure but the exposure would be unlikely to exceed the dose limits mentioned in regulations 59 and 62 of the ARPANS Regulations | ||
24B | Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure but the exposure would be unlikely to exceed the dose limits mentioned in regulations 59 and 62 of the ARPANS Regulations | ||
25 | Sealed source for calibration purposes of activity of more than 40 MBq | ||
26 | Sealed source in a partially enclosed analytical device | ||
27 | Sealed source of activity of more than 400 MBq in a fixed gauge | ||
28 | Sealed source in a mobile gauge | ||
29 | Sealed source for medical or veterinary diagnostic nuclear medicine use | ||
30 | Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity of more than 100, but not more than 10 000, times the activity value for that nuclide set out in an item in the table in clause 2 of Schedule 2 to the ARPANS Regulations | ||
31 | Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the activity value for that nuclide set out in an item in the table in clause 2 of Schedule 2 to the ARPANS Regulations, the total of the results for all nuclides in the source, or sources, is more than 100 but not more than 10 000 | ||
32 | Unsealed sources used for tracer studies in the environment | ||
33 | Industrial radiography x‑ray unit | ||
34 | Fixed medical x‑ray unit, including a unit used for fluoroscopy, tomography and chiropractic radiography | ||
35 | Partially enclosed x‑ray analysis unit | ||
36 | Medical therapy simulator | ||
37 | CT scanner | ||
37A | Sealed source of controlled material not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations but that is unlikely to result in acute effects | ||
37B | Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations but that is unlikely to result in acute effects | ||
38 | Sealed source for industrial radiography | ||
39 | Sealed source for medical and veterinary radiotherapy | ||
40 | Sealed source in a bore hole logger | ||
41 | Sealed source of controlled material not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations and that is likely to result in acute effects | ||
42 | Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity of more than 10 000, but not more than 1 000 000, times the activity value for that nuclide set out in an item in the table in clause 2 of Schedule 2 to the ARPANS Regulations | ||
43 | Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the activity value for that nuclide set out in an item in the table in clause 2 of Schedule 2 to the ARPANS Regulations, the total of the results for all nuclides in the source, or sources, is more than 10 000 but not more than 1 000 000 | ||
44 | Veterinary or medical radiotherapy unit | ||
45 | Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations and that is likely to result in acute effects | ||
The following table sets out amounts for the purpose of determining the amount of the charge for a financial year for a source licence.
Note: The amount of the charge for a source licence is based on:
(a) the number of controlled apparatus or controlled materials in the same location that persons are authorised to deal with under the licence; and
(b) the Group in the table in clause 1 of this Schedule that covers the controlled apparatus or controlled materials.
1 | For less than 4 controlled apparatus or controlled materials from: | |||
(a) Group 1 | 1,238 | |||
(b) Group 2 | 4,954 | |||
(c) Group 3 | 14,862 | |||
2 | For more than 3, but less than 11, controlled apparatus or controlled materials from: | |||
(a) Group 1 | 3,216 | |||
(b) Group 2 | 9,907 | |||
(c) Group 3 | 29,720 | |||
3 | For 11 or more controlled apparatus or controlled materials from: | |||
(a) Group 1 | 6,192 | |||
(b) Group 2 | 18,622 | |||
(c) Group 3 | 54,489 | |||
The following table sets out the amount of the charge for a financial year for all source licences held by a controlled person mentioned in an item in the table.
1 | Department of Defence | 399,601 | |
2 | Australian Nuclear Science and Technology Organisation | 167,222 | |
3 | Commonwealth Scientific and Industrial Research Organisation | 310,610 | |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
307, 2000 | 16 Nov 2000 | 16 Nov 2000 | |
214, 2004 | 15 July 2004 | 15 July 2004 | — |
102, 2010 | 25 May 2010 (F2010L01073) | 26 May 2010 | — |
52, 2011 | 27 Apr 2011 (F2011L00645) | 1 July 2011 | — |
45, 2012 | 10 Apr 2012 (F2012L00813) | 1 July 2012 | — |
74, 2013 | 17 May 2013 (F2013L00796) | Sch 1 (items 1, 2): 1 July 2013 (s 2) | — |
77, 2014 | 16 June 2014 (F2014L00724) | 1 July 2014 (s 2) | — |
74, 2015 | 1 June 2015 (F2015L00777) | 1 July 2015 (s 2) | — |
Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment (2016 Measures No. 1) Regulation 2016 | 10 May 2016 (F2016L00754) | 1 July 2016 (s 2(1) item 1) | — |
Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment (2017 Measures No. 1) Regulations 2017 | 29 June 2017 (F2017L00808) | 1 July 2017 (s 2(1) item 1) | — |
Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment (2018 Measures No. 1) Regulations 2018 | 22 June 2018 (F2018L00851) | 1 July 2018 (s 2(1) item 1) | — |
r 2............................................. | rep LA s48D |
r 3............................................. | am F2016L00754 |
r 4............................................. | am No 74, 2015; F2016L00754 |
r 5............................................. | am No 74, 2015; F2016L00754 |
r 5A........................................... | ad F2016L00754 |
r 5B........................................... | ad F2016L00754 |
r 6............................................. | am No 214, 2004; No 74, 2015 |
Schedule 1.................................. | am No 214, 2004; No 102, 2010; No 52, 2011; No 45, 2012; No 74, 2013; No 77, 2014; No 74, 2015; F2016L00754; F2017L00808; F2018L00851 |
Schedule 2.................................. | am No 214, 2004; No 102, 2010; No 52, 2011; No 45, 2012; No 74, 2013; No 77, 2014; No 74, 2015; F2016L00754; F2017L00808; F2018L00851 |
Schedule 2A............................... | ad F2016L00754 |
am F2017L00808; F2018L00851 | |
Schedule 2B............................... | ad F2016L00754 |
am F2017L00808; F2018L00851 | |
Schedule 3.................................. | am No 214, 2004; No 102, 2010; No 52, 2011; No 45, 2012; No 74, 2013; No 77, 2014; No 74, 2015; F2016L00754; F2017L00808; F2018L00851 |
0
0
0