Australian Naval Nuclear Power Safety Regulations 2025

EXPLANATORY STATEMENT

Issued by authority of the Minister for Defence

Australian Naval Nuclear Power Safety Act 2024

The instrument, the Australian Naval Nuclear Power Safety Regulations 2025 (the Regulations), is made under section 143 of the Australian Naval Nuclear Power Safety Act 2024 (the Act). The Act regulates activities relating to conventionally-armed, nuclear‑powered submarines to ensure the nuclear safety of those activities, and for related purposes.

Purpose

On 14 March 2023, the leaders from Australia, the United Kingdom and the United States announced the Optimal Pathway for Australia to acquire a conventionally-armed, nuclear‑powered submarine capability.

The Optimal Pathway is designed to support Australia’s development of the infrastructure, technical capabilities, industry and human capital necessary to produce, maintain, operate and safely steward a sovereign fleet of conventionally-armed, nuclear-powered submarines.

The Act creates a framework to regulate the nuclear safety aspects of activities relating to AUKUS submarines (as defined in subsection 7(1) of the Act). This includes, but is not limited to, facilities that will support AUKUS submarines.

The Act:

establishes nuclear safety duties that will apply to those who conduct regulated activities;
creates a licencing regime for persons to conduct naval nuclear power activities (regulated activities);
establishes a new regulator, the Australian Naval Nuclear Power Safety Regulator, which will include inspectors with monitoring, investigation, compliance and enforcement powers; and
imposes criminal penalties and introduces offences and civil penalty provisions for contraventions to the Act.

The Regulations under the Act are for the purposes of, among other things, providing the detailed regulatory requirements applied to conventionally-armed, nuclear-powered submarines, including, but not limited to, matters related to designated zones, licence applications, licence conditions, activity levels, powers to suspend a licence or review a licence decision, and governance of the Australian Naval Nuclear Power Safety Regulator.

Details of the instrument

Details of the instrument are set out in Attachment A.

Consultation

The Office of Impact Analysis was consulted in relation to this instrument and confirmed that a regulatory impact analysis was not required for this instrument (OIA23-06150).

Consultation was undertaken with relevant international partners, State agencies and regulators as well as with other Commonwealth government agencies including the Department of the Prime Minister and Cabinet, Attorney-General’s Department, Department of Industry, Science and Resources, Australian Submarine Agency and Department of Finance.

The Act does not specify any conditions that need to be satisfied before the power to make Regulations may be exercised.

Prior to making the Regulations, a notice was published on 2 July 2025 on the Department of Defence’s website seeking public submissions and feedback in relation to the draft Regulations. This included seeking submissions on the detailed boundaries of the areas of HMAS Stirling at Garden Island in Western Australia and Osborne Naval Shipyard in South Australia as designated zones under subsection 10(2) of the Act. The Department of Defence considered all submissions from the public consultation period prior to finalising the Regulations.

This accords with the consultation requirements in section 17 of the Legislation Act 2003 (the Legislation Act).

Parliamentary scrutiny

A Statement of Compatibility with Human Rights has been prepared in accordance with subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement provides that the instrument is compatible with human rights because it promotes the protection of human rights, and to the extent that it may limit human rights, those limitations are necessary, reasonable and proportionate as set out in the Statement. The Statement is included at Attachment B.

Application

The Regulations are a legislative instrument for the purposes of the Legislation Act.

The instrument is made by the Governor-General in accordance with the requirements of section 143 of the Act.

The Regulations commence on the later of the day after registration on the Federal Register of Legislation and the day on which the Act commences.

The Regulations are subject to disallowance and sunsetting under section 42 and 50 of the Legislation Act, respectively.

The Regulations are estimated to have nil impact costs (impact on compliance costs) based on the Office of Impact Analysis response.

Attachment A

Details of the Australian Naval Nuclear Power Safety Regulations 2025

Part 1—Introduction

Part 1 sets out the preliminary matters, including the name, commencement, authority and definitions for the Australian Naval Nuclear Power Safety Regulations 2025 (the Regulations) and matters related to designated zones and activity levels.

Division 1—Preliminary

Section 1 Name

Section 1 provides that the name of the instrument is the Australian Naval Nuclear Power Safety Regulations 2025.

Section 2 Commencement

Section 2 prescribes when the Regulations commence.

The Regulations commence on the later of the day after the Regulations are registered and the day on which the Australian Naval Nuclear Power Safety Act 2024 (the Act) commences.

The note provides that the table in subsection 2(2) relates only to the provisions of the Regulations as originally made. It will not be amended to deal with any later amendments to the Regulations (if made).

Section 3 Authority

Section 3 provides that the Regulations are made under the Act.

Section 4 Definitions

Section 4 defines the terms used in the Regulations.

The note explains that a number of expressions used in the Regulations are defined in the Act. Those terms have the same meaning as in the Act. The note explains that the expressions include ‘nuclear safety’ and ‘nuclear safety incident’.

The following terms are defined in section 4:

absorbed dose has the meaning given by subsection 7(3) of the Regulations. This definition is identical to the meaning provided in the Australian Radiation Protection and Nuclear Safety Regulations 2018 (ARPANS Regulations) to ensure consistency across the Australian nuclear environment.

Act means the Australian Naval Nuclear Power Safety Act 2024.

activity means the activity of a nuclide, which has the meaning given in subsection 5(2) of the Regulations.

ARPANS licence in relation to a transitional licence has the meaning given by subsection 98(2) of the Regulations.

AS/NZS IEC 60825.1:2014 means the Australian/New Zealand Standard AS/NZS IEC 60825.1:2014 Safety of laser products, Part 1: Equipment classification and requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 12 November 2014.

AS/NZS IEC 62471:2011 means the Australian/New Zealand Standard AS/NZS IEC 62471:2011 Photobiological safety of lamps and lamp systems, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 5 December 2011.

These standards are available on the Standards Australia website (www.standards.org.au). While the standards are not freely available it is expected that as licence holders will be Commonwealth-related entities and will be responsible for elements of the nuclear-powered submarine (NPS) enterprise, they will purchase the standards for use and reference in conducting the regulated activity.

Australian National Radiation Dose Register means the register established by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) to store and maintain radiation dose records of occupationally exposed persons.

clearance material means an inventory or waste package of NNP material for which the derived activity value is equal to or less than 1.

derived activity value for an inventory or waste package of NNP material has the meaning given by subsection 5(1) of the Regulations.

dose means a measure of energy deposited by radiation in a target and includes an absorbed dose, equivalent dose and effective dose.

effective dose has the meaning given by subsection 7(1) of the Regulations. This definition is identical to the meaning provided in the ARPANS Regulations to ensure consistency across the Australian nuclear environment.

emergency worker has a meaning affected by subsection 72(7) of the Regulations.

equivalent dose has the meaning given by subsection 7(2) of the Regulations. This definition is identical to the meaning provided in the ARPANS Regulations to ensure consistency across the Australian nuclear environment.

exposed, in relation to a person, means the person being exposed to radiation.

occupationally exposed person has the meaning given by paragraph 75(1)(a) of the Regulations.

possession or control period, in relation to an NNP facility, means the period during which the relevant licence holder is authorised to possess or control the facility (or both) and is not authorised to conduct any other facility activity in relation to the facility.

previous licensing stage has the meaning given by paragraph 24(3)(f) of the Regulations, which is the most recent previous facility activity conducted under a licence.

reference incident means a hypothetical scenario for a severe accident that results in the release of radionuclides into the environment.

The note states that in the event that a reference incident occurred, it would be a nuclear safety incident, and directs readers to subsection 21(2) of the Act.

sealed NNP material means the NNP material permanently contained in a capsule, or closely bound in a solid form, that is strong enough to be leak-tight for the intended use of the NNP material and any reasonably foreseeable abnormal events likely to affect the NNP material.

serious civil penalty provision has the meaning given by subsection 63(7) of the Regulations.

serious offence has the meaning given by subsection 63(6) of the Regulations.

transitional licence means a licence that has effect as if it were an Australian naval nuclear power safety licence issued under the Act due to the Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024 (Transitional Provisions Act).

unsealed NNP material means NNP material that is not sealed NNP material.

waste package means the waste form of NNP material and its container as prepared for handling, transport, storage or disposal.

Section 5 Meaning of derived activity value and activity

Section 5 of the Regulations provides for the definition for derived activity value and activity for an inventory or a waste package of NNP material.

Subsection 5(1) provides that the derived activity value for an inventory or waste package of NNP material is worked out by applying the following steps:

first, divide the activity of each nuclide in the NNP material by the activity value for the nuclide as specified in clause 1 of Schedule 2 to the Regulations;
secondly, if there is more than one nuclide in the NNP material, total the result of paragraph (a) for each nuclide.

The note under subsection 5(1) explains that section 6 of the Regulations affects how the activity of a parent nuclide mentioned in the table in clause 2 of Schedule 2 (or marked a in table in clause 1 of Schedule 2 to the Regulations) is worked out, by providing for inclusion of the activity of certain progeny nuclides that are included in secular equilibrium with the parent nuclide.

Subsection 5(2) provides the definition of activity of a nuclide as the rate at which nuclear transformations of the nuclide occur, which is worked out by applying the definition of ‘activity’ in the International Atomic Energy Agency (IAEA) Nuclear Safety and Security Glossary, Terminology Used in Nuclear Safety, Nuclear Security, Radiation Protection and Emergency Preparedness and Response, 2022 (Interim) Edition, published by the IAEA, as existing on 5 June 2025.

The note under subsection 5(2) directs readers to the IAEA Glossary, which in 2025, could be viewed on the IAEA website (https://www.iaea.org).

Section 6 Parent nuclides and progeny nuclides included in secular equilibrium

Section 6 provides the activity levels of certain parent nuclides and progeny nuclides mentioned in Part 2 of Schedule 2 to the Regulations.

Subsection 6(1) provides that for the purposes of the Regulations, in determining the activity of a parent nuclide mentioned in an item in the table in clause 2 of Part 2 of Schedule 2 to the Regulations, the activity of any progeny nuclide mentioned in that item that is included in secular equilibrium with the parent nuclide is included.

The note under subsection 6(1) clarifies that parent nuclides are also marked a in the table in clause 1 of Schedule 2 to the Regulations.

Subsection 6(2) clarifies that except for the purposes of determining the activity values of a parent nuclide provided in subsection 6(1) of the Regulations, the activity of a progeny nuclide mentioned in an item of the table in clause 2 of Schedule 2 to the Regulations is taken to be nil when included in secular equilibrium with a parent nuclide mentioned in that item.

Section 7 Meaning of effective dose, equivalent dose and absorbed dose

Section 7 provides the meaning of effective dose, equivalent dose and absorbed dose.

Subsection 7(1) provides a formula for how to calculate the effective dose. The effective dose is a measure of dose that takes into account both the type of radiation involved and the radiological sensitivities of the organs and tissues irradiated.

Subsection 7(2) provides a formula for how to calculate the equivalent dose. The equivalent dose formula is a measure of the dose in organs and tissues that takes into account the type of radiation involved.

Subsection 7(3) provides that the absorbed dose is the energy absorbed per unit mass by matter from ionising radiation that impinges upon it.

The effective dose formula in subsection 7(1), the equivalent dose formula in subsection 7(2) and the absorbed dose formula in subsection 7(3) are to be worked out in the same way as they would be worked out under the ARPANS Regulations.

Division 2—Core provisions

Designated zones

If a person conducts a regulated activity (as defined in section 9 and sections 11 to 15 of the Act) without a licence authorising the regulated activity, then the person may be committing a criminal or civil offence (section 19 of the Act). Licence holders and persons authorised by an Australian naval nuclear power safety licence are only able to conduct regulated activities in a designated zone (or in relation to an Australian submarine) (see subsection 10(1) and paragraph 31(3)(c) of the Act).

Designated zones are physical areas of jurisdiction in Australia and are one of only two places regulated activities can occur (the other being Australian submarines) (see subsection 10(2) of the Act). Designated zones support the nuclear safety of the NPS enterprise by limiting where regulated activities can occur and establishing the regulatory boundaries of the activities.

The Act specifies two designated zones, the Stirling designated zone at HMAS Stirling at Garden Island in Western Australia and the Osborne designated zone at Osborne Naval Shipyard in South Australia. Under subsections 10(3) and (4) of the Act, the area of those zones, which are designated zones, must be described by regulations.

Section 8 Stirling designated zone

Subsection 10(3) of the Act provides that the area known as HMAS Stirling at Garden Island in Western Australia is a designated zone. The area of the zone must be described by the regulations, in accordance with subsection 10(3) of the Act.

Section 8 of the Regulations describes the Stirling designated zone as the area indicated by the shaded area on the aerial photographic map in clause 1 of Schedule 1 to the Regulations.

The boundaries of the Stirling designated zone were determined following consultation with stakeholders across the Australian Submarine Agency (ASA) and Defence, including Royal Australian Navy (Navy) and the Defence Security and Estate Group. The description of the Stirling designated zone in the Regulations seeks to ensure that regulated activities are able to be conducted within the designated zone, if a licence authorises an activity to be conducted therein. The boundary represents the limits of where regulated activities may occur and of the Australian Naval Nuclear Power Safety Regulator’s (the Regulator) function, including issuing licences to authorise regulated activities in the designated zone.

Section 9 Osborne designated zone

Subsection 10(4) of the Act provides that the area known as Osborne Naval Shipyard in South Australia is a designated zone. The area of the zone must be described by the regulations, in accordance with subsection 10(4) of the Act.

Section 9 of the Regulations describes the Osborne designated zone as the area indicated by the shaded area on the aerial photographic map in clause 2 of Schedule 1 to the Regulations.

The boundaries of the Osborne designated zone were determined following consultation with Australian Naval Infrastructure (ANI), the ASA and Navy.

The description of the Osborne designated zone in the Regulations intends to ensure that regulated activities are able to be conducted within the designated zone, if a licence authorises an activity to be conducted therein. The boundary represents the limits of where regulated activities may occur and of the Regulator’s function, including issuing licences to authorise regulated activities in the designated zone.

Section 10 Activity level for radioactive waste management facility to be an NNP facility

Section 10 prescribes, for the purposes of subparagraph 12(d)(ii) of the Act, the activity level for a radioactive waste management facility that contains, or is designed to contain, NNP material that is radioactive waste from an AUKUS submarine. The level at which the derived activity value for the inventory or a waste package of NNP material that the NNP facility contains, or is designed to contain, is 1.

The note under section 10 clarifies that the radioactive waste management facility must be a facility for managing, storing or disposing of radioactive waste from an AUKUS submarine. The note directs the reader to subparagraph 12(d)(i) of the Act.

The note clarifies that if the activity of the facility is greater than the activity level prescribed for the facility, the facility is a NNP facility. This means that when the derived activity value for an inventory or waste package of material is 1, that facility is an NNP facility and a licence holder must hold a licence authorising the regulated activity of managing, storing or disposing of radioactive waste from an AUKUS submarine in that facility. The note directs the reader to paragraph 12(d) of the Act.

Section 11 Activities that are not material activities

Section 11 provides that for the purposes of subsection 14(2) of the Act, an activity which is covered under paragraph 14(1)(a) or (b) of the Act, is not a material activity to the extent that the NNP material involved in the activity is clearance material.

This means that for NNP material that has an activity level low enough to be clearance material, activities of possession or control of such material or use of such material within a designated zone or in an Australian submarine, is not a material activity under the Regulations.

Section 12 Non-ionising radiation-producing equipment or plant that is NNP equipment or plant

Section 12 prescribes, for the purposes of subparagraph 15(2)(c)(ii) of the Act, equipment or plant that is from, or for use on, an AUKUS submarine and that produces harmful-non-ionising radiation when energised is NNP equipment or plant.

The following equipment or plant that is from, or for use on, an AUKUS submarine and that produces harmful non-ionising radiation when it is energised, is prescribed:

equipment that interacts with, or is for direct use on a naval nuclear propulsion plant (which is of a kind covered by paragraph 15(2)(a) or (b) of the Act) and that:

is designated as tooling in a support system specification for an AUKUS submarine; or
is industrial equipment, which includes measurement equipment, for the purposes of combat capability, maintenance or other support activities;

any part of a naval nuclear propulsion plant, of a kind covered by paragraph 15(2)(a) or (b) of the Act, that is detached from the plant.

Part 2—Making an application for licence authorising facility activity or material activity

Part 2 of the Regulations prescribes matters related to making an application for a licence to authorise a facility activity or material activity in a designated zone.

Division 1—Preliminary

Section 13 Simplified outline of this Part

Section 13 provides a simplified outline of Part 2 of the Regulations.

Section 14 Application of this Part

Section 14 provides an application provision that clarifies that Part 2 of the Regulations does not apply to an application for a licence to authorise a submarine activity.

The note refers to section 13 of the Act for the meaning of submarine activity.

Division 2—Information and documents to be provided with application

Division 2 of Part 2 of the Regulations prescribes information and documents for applications for a licence to authorise a facility activity or a material activity.

Where requirements are prescribed for applications relating only to a facility activity or only to a material activity, or only to a particular kind of activity (either facility or material), these are prescribed for a class of licence, in reliance on subsection 33(3A) of the Acts Interpretation Act 1901 (AI Act). That subsection, relevantly, provides that where an Act confers a power to make, grant or issue any legislative instrument with respect to particular matters, the power shall be construed as including a power to make, grant or issue such an instrument with respect to a particular class or particular classes of those matters.

Subdivision A—Purpose of this Division

Section 15 Information and documents to be provided with application relating to facility activity or material activity

Section 15 prescribes the information and documents that must be contained in, or accompany, an application for a licence to authorise a facility activity or material activity.

For the purposes of paragraphs 30(1)(j) and (k) of the Act, the following are prescribed by Division 2 of Part 2 of the Regulations:

information to be contained in an application for a licence to authorise a facility activity or material activity; and
the documents to accompany that application.

Subdivision B—Application relating to any kind of facility activity or material activity

Subdivision B prescribes what information and documents are required for all applications for any kind of facility activity or material activity.

Section 16 General information relating to the regulated activity

Section 16 prescribes the general information and documents that must be provided with an application to authorise any kind of facility activity or material activity licence. The information and documents, which must be provided with an application for a licence to authorise a facility activity or material activity, are:

information and documents that describe and document the expertise, training and information that the persons, or class of persons, who would be authorised under the prospective licence to conduct the regulated activity would have, to ensure the nuclear safety of the activity;
information and documents that describe and document all technical authorities or standards that, so far as reasonably practicable, address the measures to ensure how nuclear safety applies to the conduct of the proposed regulated activity;
a list of the NNP facilities, or proposed NNP facilities, that would be involved in the conduct of the proposed regulated activity;
in the circumstance that it is reasonably foreseeable that there are any other high risk activities or material that would be, or could be, conducted or located in, or near, the designated zone in which the proposed regulated activity would be conducted, and those activities or materials could reasonably pose additional risks to the nuclear safety of the proposed regulated activity—a description of the additional measures proposed to mitigate those additional risks;
an analysis of the radiological consequences to the surrounding environment from a reference incident at the site of the regulated activity;
a description of proposed arrangements to insure the conduct of the proposed regulated activity;
if a permit for the proposed regulated activity would be required under the Nuclear Non-Proliferation (Safeguards) Act 1987, a copy of either the permit, or information that demonstrates that a permit application has been made, or if an application for the permit has not been made at the time of making a licence application, information indicating when the permit application is likely to be made;
if a permit would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the proposed activity, a copy of the permit, or information which demonstrates that an application for the permit has been made, or if an application has not been made at the time of making a licence application, information indicating when the application for the permit is likely to be made;
if an approval would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the proposed activity, a copy of the approval, or information which demonstrates that an application for the approval has been made, or if an application has not been made at the time of making a licence application, information indicating when the application for the approval is likely to be made;
if a referral would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the proposed activity, a copy of either the decision or, if a decision on the referral has not been made at the time of making the application for the licence and subparagraph 16(j)(iii) of the Regulations does not apply, a copy of the referral or, if the referral was withdrawn before a decision on the referral was made, information and documents that describe and document the withdrawal of the referral;
if an environmental impact statement would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity, a copy of the environmental impact statement.

The first note under section 16 outlines that the Regulator has to be satisfied of certain matters dealt with in section 16 and refers the reader to section 41 of the Regulations. An example is that the Regulator has to be satisfied that the conduct of the activity would be adequately and appropriately insured.

The second note under section 16 clarifies that paragraph 16(f) only requires a description of the arrangements and does not require that the full details of particular commercial arrangements be provided in the application.

Section 17 General conduct of the activity

Section 17 provides for a requirement that for an application for a licence that would authorise any kind of facility activity or material activity, the applicant has to provide the information and documents that describe and document how the activity would be conducted in accordance with section 53 of the Regulations. Section 53 prescribes the licence conditions for the general conduct of the regulated activity, with the focus on nuclear safety and mitigating risks.

The note provides that if the licence is issued, it would be subject to a condition that the regulated activity be conducted in accordance with section 53 and refers the reader to that section of the Regulations.

Section 18 Resources for the safe conduct of the activity

Section 18 provides that for an application for any facility activity or material activity, the licence applicant has to provide information and documents that describe and document the financial, human and technical resources that the applicant has, and would be able to control and maintain, to conduct the activity safely throughout the proposed period of the licence.

The note clarifies that the licence would be subject to a condition that the licence holder have, control and maintain adequate resources for the safe conduct of the activity and refers the reader to section 54 of the Regulations.

Section 19 Office holder with control of activity

Section 19 provides a requirement that an application for a licence to authorise any kind of facility activity or material activity, must include details of the office holder of the proposed licence holder that has the organisational, financial and operational control of the conduct of the regulated activity authorised by the licence.

The note clarifies that if the licence is issued, it would be subject to a condition that the licence holder notify the Regulator if the person who is this office holder changes and refers the reader to section 66 of the Regulations. Section 66 provides a notification condition for a change of the office holder.

Section 20 Radiation monitoring boundaries and exclusion zones

Section 20 provides that for an application for a licence to authorise any kind of facility activity or material activity, information and documents must describe and document the boundaries that are proposed to be set for the radiation monitoring of the regulated activity. The information and documents must also describe and document the exclusion zones proposed to be set around the boundary of the area or around the area in which the regulated activity would be conducted.

The licence holder’s requirement to monitor any boundaries would involve the marking of a site boundary, implementing access controls and conducting special precautions. These activities would be supported by the planning of where personnel are exposed to ionising and non-ionising radiation across the conduct of the regulated activity.

The monitoring of boundaries within a designated zone would allow the licence holder to conduct radiation monitoring of the NNP facility and the boundaries, in addition to supporting the safety of NNP equipment and personnel across the site.

An exclusion zone is a jurisdictional zone, which the licence holder would identify to exclude persons for nuclear safety including security. An exclusion zone may encompass an NNP facility or an area within an NNP facility. It would support the licence holder’s obligation for radiation monitoring and protection and security requirements for nuclear safety by providing direct control of an area, which would be identified as part of the boundary or exclusion zone.

The first note under section 20 clarifies that, to issue the licence, the Regulator has to be satisfied that the boundaries and proposed exclusion zones would ensure nuclear safety and the exclusion zones would be enforced. The note refers the reader to subsections 41(3) and (4) of the Regulations.

The second note under section 20 clarifies that the licence is subject to conditions that radiation monitoring be undertaken within the boundaries, in accordance with the radiation protection plan and the proposed exclusion zone would be enforced. The note refers the reader to subsections 59(2) and (4) of the Regulations.

Section 21 Nuclear safety management system, arrangements and plans for the conduct of the activity

Subsection 21(1) provides that section 21 applies to an application for a licence to authorise any kind of facility activity or material activity.

Subsection 21(2) provides that the following information and documents must be provided in an application:

information and documents that describe and document the proposed nuclear safety management system for the activity;
information and documents that describe and document the following for the activity:

the proposed arrangements for organisational and human control of the activity;
the proposed regulatory compliance plan;
the proposed supply chain management plan;
the proposed nuclear safety plan;
the proposed radiation protection plan;
the proposed radioactive waste management plan;
the proposed security plan;
the proposed emergency management and response plan;
the proposed environmental protection plan;
the proposed insolvency plan;

a description of how that system, those arrangements and each of those plans would be implemented, maintained, audited and reviewed by the licence holder if the licence is issued.

The note under subsection 21(2) clarifies that if the licence is issued, the licence would be subject to conditions that the licence holder conduct the activity in accordance with the system, arrangements and plans and that the system, arrangements and plans are implemented, maintained, audited and reviewed. The note directs the reader to sections 60 and 68 of the Regulations.

Section 60 provides the nuclear safety management system, arrangements and plans that would be required during the conduct of a regulated activity. Section 68 provides the audit and review requirements for the nuclear safety management systems, arrangements, plans and records management system required under section 60 of the Regulations.

Subsection 21(3) provides that information must be provided that describes how international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the system, arrangements and plans.

Section 22 Records management system

Section 22 provides that for an application for a licence to authorise any kind of facility activity or material activity, the application has to include the following information and documents:

information and documents that describe and document the proposed records management system for the activity; and
a description of how the records management system would be implemented, maintained, audited and reviewed if the licence is issued.

A records management system is a system that would be established for the control and maintenance of both digital and hard copy documentation. The records management system would include the functionality of the creation, identification, storage, retrieval and archiving of records.

The note under section 22 clarifies that if the licence is issued, it would be subject to conditions that the licence holder keeps records relating to the conduct of the regulated activity in the records management system and that the system be implemented, maintained, audited and reviewed. The note directs the reader to sections 61 and 68 of the Regulations.

Section 61 provides the conditions for the records management system. Section 68 provides the audit and review requirements for the nuclear safety management systems, arrangements, plans and records management system.

Section 23 Treatment of clearance material

Section 23 provides that an application for a licence to authorise any kind of facility activity (other than the activity of preparing a site for an NNP facility in a designated zone) or any kind of material activity, must include information and documents that describe and document how clearance material from the conduct of the activity will be maintained, stored or disposed of.

Subdivision C—Application relating to a facility activity—additional information and documents

Subdivision C of Division 2 of Part 2 of the Regulations prescribes the information and documents required for an application for a licence to conduct a facility activity. This includes general requirements for any kind of facility activity and specific requirements for specific facility activities.

Section 24 Additional information and documents—any kind of facility activity

Subsection 24(1) provides that section 24 applies to a licence application for a licence to authorise any kind of facility activity.

Subsection 24(2) provides that prior to the siting of the proposed NNP facility, the baseline radiological data for the site of the facility, or proposed facility must be included in the licence application.

Subsection 24(3) prescribes other application requirements for a licence for any kind of facility activity. They are:

a description of the level of nuclear safety risk posed by the activity proposed to be authorised;
information that demonstrates how the following has been considered in assessing that level of risk:

the hazard level and complexity of the activity;
the characteristics of the NNP facility, or proposed NNP facility, and its site or proposed site;
potential risks to persons proposed to be authorised to conduct the activity, to likely occupationally exposed persons, to the public and to the environment;
any other technical, human or organisational factor relevant to the activity that could pose a reasonably foreseeable risk to nuclear safety;

details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant that would be, or could be, involved in the conduct of the activity;
information that demonstrates that the applicant has considered, in relation to the conduct of the activity, all regulated activities that could reasonably be foreseen to be conducted in relation to the NNP facility, or proposed NNP facility, over its lifetime;
details of the consultation undertaken with stakeholders, Aboriginal and Torres Strait Islander peoples and the public in relation to the activity and the NNP facility or proposed NNP facility;
subject to subsection 24(4), information and documents that describe and document how all conditions applying to the licence authorising the most recent, previous facility activity in relation to the facility (the previous licensing stage) were complied with.

The first note under subsection 24(3) clarifies that for the purposes of paragraph 24(3)(e) of the Regulations, the matters in which consultation may need to be undertaken would include the development of a plan or safety case for the activity.

The second note under subsection 24(3) explains that for the purposes of paragraph 24(3)(f), conditions include any that were specified by the Regulator for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act. The note refers the reader to paragraph 43(3)(c) of the Regulations.

Subsection 24(4) prescribes when the requirement to demonstrate how conditions from the previous licensing stage does not apply to an application.

Paragraph 24(3)(f) does not apply if:

the licence application is for a licence to authorise a facility activity of preparing a site for an NNP facility in a designated zone; or
the licence authorising the most recent previous facility activity in relation to the NNP facility, or proposed NNP facility, is a transitional licence; or
if the licence application is for a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone and a licence which authorised the operation of the NNP facility has previously been issued under the Act or the Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act).

Section 25 Additional information and documents—activity of preparing a site for an NNP facility in a designated zone

Section 25 of the Regulations applies to an application for a licence to authorise a facility activity of preparing a site for an NNP facility (the proposed NNP facility) in a designated zone.

Safety case report (siting)

Subsection 25(2) provides that the licence application must include a safety case report for the siting of the proposed NNP facility that demonstrates the suitability of the site for the life of the proposed NNP facility and the regulated activities that are intended to be conducted at the NNP facility.

The safety case is the collection of scientific, technical, administrative and managerial claims, arguments and evidence in support of the safety of a NNP facility or activity. Safety case reports often cover the suitability of sites and designs, construction and operation of a facility, the assessment of radiation risks and the adequacy and quality of all the safety related work associated with a facility.

Site evaluation

Subsection 25(3) provides that the application must include an evaluation of the suitability of the site for the proposed NNP facility.

A site evaluation is an evaluation of the suitability of a site for constructing a proposed facility, for conducting a proposed activity and for any future use of the site for an activity.

The note under subsection 25(3) clarifies that the Regulator has to be satisfied that the site evaluation demonstrates the suitability of the site for the proposed NNP facility in deciding whether to issue a licence. The note refers the reader to section 44 of the Regulations.

Environmental protection requirements

Subsection 25(4) provides that if the applicant believes there are no applicable requirements of the kind referred to in paragraphs 16(h) to (k) of the Regulations (which covers environmental protection requirements under Commonwealth, State and Territory laws) to the conduct of the regulated activity, the application must include the details of the grounds for that belief.

Conceptual design of the proposed NNP facility (siting)

Subsection 25(5) provides that the licence application must include a conceptual design of the proposed NNP facility that would:

ensure the nuclear safety of the facility and its proposed construction and operation; and
support the safety case report’s demonstration that the site is suitable for the life of the facility and the regulated activities intended to be conducted at the facility.

Plan for preparing the site

Subsection 25(6) provides that the application must include the information and documents that describe and document the proposed plan for preparing the site for the proposed NNP facility. The plan for preparing a site would be a plan that details how the site would be prepared for a regulated activity to be conducted, in an NNP facility, within a designated zone.

The note under subsection 25(6) states that a licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and implement, maintain, audit and review the plan. The note refers the reader to sections 68 and 79 of the Regulations. Section 68 provides audit and review requirements for the nuclear safety management system, arrangements, plans and records. Section 79 provides the conditions, which apply to the activity of preparing a site for an NNP facility in a designated zone.

Preliminary decommissioning plan.

Subsection 25(7) provides that the application must include a preliminary decommissioning plan for the proposed NNP facility.

The note under subsection 25(7) states that to issue the licence, the Regulator has to take that plan into account. The note directs readers to subsection 43(3) of the Regulations.

Section 26 Additional information and documents—activity of constructing an NNP facility in a designated zone

Section 26 provides the application requirements for a licence to authorise a facility activity of constructing an NNP facility (the proposed NNP facility) in a designated zone and prescribes what information and documents must be provided as part of the licence application for that activity.

Safety case report (construction)

Subsection 26(2) provides that the application must provide a safety case report for the construction of the NNP facility that demonstrates the suitability of the construction for the life of the proposed NNP facility and the regulated activities intended to be conducted at the NNP facility.

Site evaluation

Subsection 26(3) provides that the application must include the following:

an evaluation of the suitability of the site for constructing the proposed NNP facility;
information and documents that:

describe and document the site works undertaken to enable the construction of the facility; and
document that those works are complete when making the application.

Environmental protection requirements

Subsection 26(4) provides that if the applicant believes that no requirements of the kind referred to in paragraphs 16(h) to (k) of the Regulations (which cover the environmental protection requirements under Commonwealth, State or Territory law) apply to the conduct of the activity, the application must provide details of the grounds for that belief.

Design of the proposed NNP facility (construction)

Subsection 26(5) requires the application to include a design that:

ensures nuclear safety of the facility and its proposed operation; and
supports the safety case report’s demonstration that the construction is suitable for the life of the proposed facility and the regulated activities intended to be conducted at the facility; and
complies with subsection 26(6) of the Regulations.

The design that ensures nuclear safety (construction) will be a design that is sufficient that if the facility is constructed and operated in accordance with the design, it would ensure nuclear safety.

Subsection 26(6) requires that the design to ensure nuclear safety (construction) must include information and documents that address the functional safety requirements of:

any material activity that is intended to be conducted at the facility; and
any naval nuclear propulsion plant in the facility that is not on a UK/US submarine; and
any such plant’s interaction with the facility or any material activity mentioned in paragraph 26(6)(a).

The functional safety requirements to be addressed in the design include the control of reactivity, the removal of residual heat (cooling) and containment relating to the naval nuclear propulsion plant.

Construction plan

Subsection 26(7) requires the application to include information and documents that describe and document the proposed construction plan for the proposed NNP facility.

The note under subsection 26(7) provides that the licence, if issued, is subject to a condition that the licence holder conduct the activity in accordance with the plan and that the licence holder must implement, maintain, audit and review the plan. The note refers the reader to sections 68 and 80 of the Regulations.

Preliminary decommissioning plan

Section 26(8) requires the application to include a preliminary decommissioning plan for the proposed NNP facility.

The note under subsection 26(8) outlines that the Regulator has to take the preliminary decommissioning plan into account in deciding whether to issue the licence. The note refers the reader to subsection 43(3) of the Regulations.

Section 27 Additional information and documents—activity of having possession or control of an NNP facility in a designated zone

Subsection 27(1) provides that the section applies to an application for a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone.

The note clarifies that the information and documents that are prescribed by the Regulations are required for both the possession and control if the application is for a licence that authorises both the possession and control of the NNP facility.

Safety case report (possession or control)

Subsection 27(2) requires the application to include a possession or control safety case report. A safety case report must demonstrate the suitability of the NNP facility and the regulated activities intended to be conducted at the NNP facility during the possession or control.

Construction evaluation

Subsection 27(3) requires that the application must include an evaluation of the construction of the facility.

The note under subsection 27(3) clarifies that in deciding whether to issue the licence, the Regulator has to be satisfied that the construction evaluation demonstrates the suitability of the facility for possession or control. The note directs the reader to subsection 45(2) of the Regulations.

Subsection 27(4) specifies that subsection 27(3) does not apply if a licence authorising the operation of the relevant NNP facility has been issued under the Act or the ARPANS Act.

Plan for the possession or control period

Subsection 27(5) requires that the application must include information and documents that describe and document the proposed possession or control period plan for the facility.

The note under subsection 27(5) states that the licence is subject to a condition that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed. The note refers the reader to sections 68 and 81 of the Regulations.

Field exercise

Subsection 27(6) requires the application to provide the results of a field exercise conducted for testing the proposed emergency management and response plan.

The note under subsection 27(6) states that the Regulator must take the results of a field exercise into account in deciding whether to issue the licence. The note refers the reader to subsection 45(3) of the Regulations.

Preliminary plans

Subsection 27(7) requires that the application include the following preliminary plans:

if a licence authorising the operation of the facility has never been issued under the Act or the ARPANS Act—a preliminary operational plan for the facility;
a preliminary decommissioning plan for the facility;
a preliminary disposal plan for the facility.

The note under subsection 27(7) states that the Regulator has to take these preliminary plans into account when deciding whether to issue the licence. The note refers the reader to subsection 43(3) of the Regulations.

Section 28 Additional information and documents—activity of operating an NNP facility in a designated zone

Section 28 provides what must be included in a licence application for a licence to authorise the activity of operating an NNP facility in a designated zone. The section prescribes what information and documents must be provided as part of the licence application.

Safety case (operation)

Subsection 28(2) requires that the application include a safety case report for the operation of the proposed facility. The safety case report should demonstrate the suitability in operation of the proposed NNP facility.

Evaluation of operational readiness

Subsection 28(3) requires that the licence application include the following:

an evaluation of the readiness of the NNP facility for its proposed operation;
information and documents that describe and document the testing undertaken to confirm readiness.

The note under subsection 28(3) states that in deciding whether to issue the licence, the Regulator must be satisfied that the evaluation of operational readiness demonstrates the suitability of the NNP facility for its proposed operation. The note refers the reader to subsection 46(2) of the Regulations.

Commissioning plan

Subsection 28(4) requires that the application include information and documents that describe and document the proposed commissioning plan for the NNP facility.

The note under subsection 28(4) clarifies that if the licence is issued, it would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan be implemented, maintained, audited and reviewed. The note refers the reader to the sections 68 and 82.

Operational plan

Subsection 28(5) requires that the application include information and documents that describe and document the proposed operational plan for the NNP facility.

The note under subsection 28(5) provides that if the licence is issued, the licence would be subject to a condition that the licence holder conduct the activity in accordance with the plan and that the plan be implemented, maintained, audited and reviewed. The note refers the reader to sections 68 and 82.

Field exercise

Subsection 28(6) requires that the application include the results of a field exercise conducted for testing the proposed emergency management and response plan for the regulated activity.

The note under subsection 28(6) states that in deciding whether to issue the licence, the Regulator must take the results of the field exercise into account. The note refers the reader to subsection 46(3) of the Regulations.

Preliminary plans

Subsection 28(7) requires that the application include a preliminary decommissioning plan and a preliminary disposal plan for the NNP facility.

The note under subsection 28(7) states that the Regulator must take these preliminary plans into account in deciding whether to issue the licence. The note refers the reader to subsection 43(3) of the Regulations.

Section 29 Additional information and documents—activity of decommissioning an NNP facility in a designated zone

Section 29 provides an application provision for licence applications to authorise a facility activity of decommissioning an NNP facility in a designated zone and prescribes what information and documents must be provided as part of a licence application for that regulated activity.

Safety case report (decommissioning)

Subsection 29(2) requires that the application include a safety case report for the decommissioning of the NNP facility.

Strategy and plan for decommissioning the NNP facility

Subsection 29(3) requires that the application include the information and documents that describe and document the proposed decommissioning plan for the NNP facility, and the decommissioning strategy on which the proposed decommissioning plan is based.

The first note under subsection 29(3) provides that the Regulator must take into account the decommissioning strategy in deciding whether to issue the licence and refers the reader to paragraph 47(2)(a) of the Regulations.

The second note under subsection 29(3) states that the licence is subject to a condition that the licence holder conduct the regulated activity in accordance with the plan and that the plan be implemented, maintained, audited and reviewed. The note directs the reader to sections 68 and 83 of the Regulations.

Field exercise

Subsection 29(4) requires that the application include the results of a field exercise conducted for testing the proposed emergency management and response plan.

The note under subsection 29(4) states that the Regulator must take the results of a field exercise into account in deciding whether to issue the licence. The note refers the reader to paragraph 47(2)(b) of the Regulations.

Preliminary disposal plan

Subsection 29(5) requires that the application must include a preliminary disposal plan for the NNP facility that addresses how the proposed decommissioning plan for the facility supports the safety case report’s demonstration of the suitability of the facility for decommissioning.

The note under subsection 29(5) states that to issue the licence, the Regulator must take the preliminary disposal plan into account. The note refers the reader to subsection 43(3) of the Regulations.

Section 30 Additional information and documents—activity of disposing of an NNP facility in a designated zone

Section 30 prescribes the information and documents that must be provided in an application for a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

Safety case report (disposal)

Subsection 30(2) requires that the application include a safety case report for the disposal of the NNP facility.

Decommissioning evaluation

Subsection 30(3) requires that the application include an evaluation of the decommissioning of the NNP facility.

The note under subsection 30(3) provides that to issue the licence, the Regulator has to be satisfied that the decommissioning evaluation demonstrates the suitability of the facility for disposal.

The note directs the reader to subsection 48(2) of the Regulations.

Disposal plan

Subsection 30(4) requires that the application include information and documents that describe and document the proposed disposal plan for the NNP facility.

The note under subsection 30(4) clarifies that if the licence is issued, it would be subject to a condition that the licence holder conduct the regulated activity in accordance with the plan and that the plan be implemented, maintained, audited and reviewed. The note directs the reader to sections 68 and 84 of the Regulations.

Independent assessment

Subsection 30(5) requires the application to include an assessment by a suitably qualified and experienced independent person of whether the proposed disposal plan for the activity would result in any ongoing radiation exposure at the site being sufficiently low so as not to pose an ongoing hazard to the public or the environment.

A ‘suitably qualified and experienced independent person’ would be a person who holds the qualifications, technical expertise and experience to act in an advisory role, specifically in relation to the matters that are the subject of the provision. This may include, but is not limited to, professional certification or registration by a relevant professional or regulatory body, qualifications and certifications for the relevant units of competency. These professionals should be competent to discharge roles in nuclear safety. The phrase provides flexibility for the various roles that are necessary for the regulated activity.

An example would be a person who holds qualifications and experience relevant to the closure of operational sites involving radiological and nuclear safety hazards. Such a professional must be suitably qualified and experienced in the relevant field to provide advice, conduct analysis and conduct assessment of the measures adopted or proposed in a document or plan (such as a facility disposal plan, that is designed to protect human health and the environment from ongoing risks associated with radiological and nuclear hazards present at a specific facility, during the conduct of regulated activities).

Such a person must also be independent from the applicant and would include a person who applies specialised knowledge, training and judgement to perform professional duties autonomously and without undue influence from external parties. The work of an independent person may be characterised by objective decision making, adherence to recognised professional standards and responsibility for the quality and integrity of their own actions. An independent person, in this context, exercises discretion, maintains ethical conduct and provides advice or services based on expertise and free of external pressures.

The note under subsection 30(5) states that to issue the licence, the Regulator has to take the independent assessment into account.

The note refers the reader to subsection 48(3) of the Regulations.

Subdivision D—Application relating to a material activity—additional information and documents

Subdivision D of Division 2 of Part 2 of the Regulations prescribes the information and documents required for an application for a licence to conduct a material activity. This includes general requirements for any kind of material activity and specific requirements for specific material activities.

Section 31 Additional information and documents for any kind of material activity—general

Section 31 prescribes the information and documents required for an application for a licence to authorise any kind of material activity.

Subsection 31(2) states that a licence application has to include:

details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant that would or could be involved in the conduct of the proposed regulated activity;
information and documents that describe and document the proposed arrangements for storing, managing, and handling any such NNP material or NNP equipment or plant;
the results of a field exercise conducted for testing the proposed emergency management and response plan for the activity.

Subsection 31(3) provides that for an application for a licence to authorise a material activity that would involve NNP material or NNP equipment or plant that is specified in column 1 of an item in the table, the application must include the information and documents specified in column 2 of the item of that table.

The table in section 31 provides that:

Item 1—for sealed NNP material, information and documents that describe and document the following are required:

the hazard level, nuclide, activity level, chemical form and physical form of the sealed NNP material;
the encapsulation material for the sealed NNP material;
the identification details of the sealed NNP material;
the intended purpose of the sealed NNP material;
where the sealed NNP material would be located.

Item 2—for unsealed NNP material, information and documents that describe and document the following are required:

the hazard level, nuclide, chemical form and physical form of the unsealed NNP material;
the identification details of the unsealed NNP material;
the intended purpose of the unsealed NNP material;
where the unsealed NNP material would be located;
the forecast maximum activity level of each nuclide at each of those locations.

Item 3—for NNP equipment or plant that produces ionising radiation, information and documents that describe and document the following are required:

the hazard level, and the maximum output (in a relevant unit of measurement e.g. joules per kilogram), of the NNP equipment or plant;
the identification details of the NNP equipment or plant;
the intended purpose of the NNP equipment or plant;
where the NNP equipment or plant would be located.

Item 4—for NNP equipment or plant that produces harmful non-ionising radiation, information and documents that describe and document the following are required:

the hazard level of the NNP equipment or plant;
the identification details of the NNP equipment or plant;
the intended purpose of the NNP equipment or plant;
the likely exposure to radiation from the NNP equipment or plant and all relevant output parameters for the exposure;
where the NNP equipment or plant would be located.

The first note following the table provides that for the Regulator to issue the licence, the Regulator must take into account the details mentioned in paragraphs 31(2)(a) and (b) of the Regulations and the description and documentation provided under the relevant item in the table in subsection 31(3) of the Regulations. The note directs the reader to section 49 of the Regulations.

The second note after subsection 31(3) provides that if a licence is issued, the licence would be subject to conditions that the licence holder:

maintain a current inventory of NNP material and NNP equipment or plant and that the information and documents specified in the relevant item for the table in subsection 31(3) of the Regulations is kept up to date (directing the reader to section 86 of the Regulations); and
conduct the activity in accordance with arrangements for storing, managing and handling the NNP material and NNP equipment or plant and that the arrangements are implemented, maintained, audited and reviewed (directing the reader to sections 68 and 87 of the Regulations); and
ensure that a field exercise is conducted every 2 years and that, if required, any system, arrangements or plan mentioned in section 60 must be updated in response to the results of the field exercise (directing the reader to section 88 of the Regulations).

Section 32 Additional information and documents for any kind of material activity—transport management and movement plans

Section 32 of the Regulations applies to an application for a licence to authorise any kind of material activity in a designated zone.

Transport management plan

Subsection 32(2) requires that the application include information and documents that describe and document the proposed transport management plan for transporting NNP material or NNP equipment or plant into, or out of, a designated zone for the activity.

The note under subsection 32(2) states that if a licence is issued, the licence would be subject to conditions that the licence holder conduct the regulated activity in accordance with the plan, and that plan be implemented, maintained, audited and reviewed. The note refers the reader to sections 68 and 91 of the Regulations.

Movement plan

Subsection 32(3) requires the application to include information and documents that describe and document the proposed movement plan for moving NNP material or NNP equipment or plant within a designated zone.

The note under subsection 32(3) states that if a licence is issued, the licence would be subject to conditions that the licence holder conduct the regulated activity in accordance with the plan, and that plan be implemented, maintained, audited and reviewed. The note refers the reader to sections 68 and 91 of the Regulations.

Section 33 Additional information and documents—activity of having possession or control of NNP material or NNP equipment or plant in a designated zone

Section 33 requires that an application for a licence to authorise a material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone, include information and documents that describe and document the proposed plan for the possession or control of the NNP material or NNP equipment or plant.

The note under section 33 provides that if the licence is issued, it would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan be implemented, maintained, audited and reviewed. The note directs the reader to the conditions in sections 68 and 93 of the Regulations.

Section 34 Additional information and documents—activity of using NNP material in a designated zone

Section 34 requires that the application for a licence to authorise a material activity of using NNP material in a designated zone include information and documents that describe and document the proposed plan for using the NNP material in a designated zone.

The note under section 34 provides that if the licence is issued it would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan be implemented, maintained, audited and reviewed. The note directs the reader to sections 68 and 94 of the Regulations.

Section 35 Additional information and documents—activity of using or operating NNP equipment or plant in a designated zone

Section 35 requires that the application for a licence to authorise a material activity of using or operating NNP equipment or plant in a designated zone, include information and documents that describe and document the proposed plan for using or operating the NNP equipment or plant in a designated zone.

The note under section 35 provides that the licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan be implemented, maintained, audited and reviewed. The note directs the reader to sections 68 and 95 of the Regulations.

Section 36 Additional information and documents—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

Section 36 requires that the application for a licence to authorise a material activity of maintaining, storing or disposing of NNP material or NNP equipment or plant, include information and documents that describe and document the proposed plan for maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone.

The note under section 36 provides that the licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed. The note refers the reader to section 68 and 96 of the Regulations.

Division 3—Manner of giving application

Division 3 of Part 2 of the Regulations prescribes the manner in which a licence application has to be given to the Regulator.

Section 37 Manner of giving an application

Subsection 37(1) provides that the manner for giving an application for a licence to authorise any kind of facility activity or material activity is through the online lodgement facility provided by the Regulator. The requirement under subsection 37(1) is consistent with paragraph 30(1)(i) of the Act which provides for the licence application to be submitted to the Regulator in the manner prescribed by the Regulations.

The note under subsection 37(1) provides that the licence application must be in the approved form and refers the reader to paragraph 30(1)(i) of the Act.

Subsection 37(2) provides that the Regulator must publish a notice of the application on its website. This requirement is prescribed in reliance on the power in paragraph 143(1)(b) of the Act, which permits the Governor-General to make Regulations for matters which are ‘necessary or convenient’ to prescribe for carrying out or giving effect to the Act.

Division 4—Further information Regulator may require in connection with application

Division 4 of Part 2 of the Regulations prescribes what further information the Regulator may request from the applicant in relation to the application.

Section 38 Further information the Regulator may require

Section 38 prescribes, for the purposes of subsection 30A(2) of the Act, the kinds of further information that may be required by the Regulator under subsection 30A(1) of the Act in connection with an application for a licence to authorise a facility activity or material activity. That information is:

further information in relation to any information that the application must contain or any documents that must accompany the licence application (for example, for the purpose of clarifying, confirming or demonstrating a matter to the Regulator’s satisfaction);
further information in relation to any matter that the Regulator must be satisfied of, or take into account, in deciding whether to issue the licence;
further information to demonstrate that the proposed licence holder, and any other persons that would be authorised under the licence to conduct the activity, would be able to comply with the Act, the Regulations and any licence condition that would be imposed under section 32 of the Act;
any other information that is reasonably necessary to assist the Regulator to make an informed decision on the application.

The note under section 38 provides an example of how section 38 would operate in the context of section 60 of the Regulations.

Part 3—Matters to be satisfied of or taken into account in issuing licence authorising facility activity or material activity

Part 3 of the Regulations prescribes what the Regulator must be satisfied of, or take into account, in deciding whether to issue a licence to authorise a facility activity or a material activity.

Division 1—Preliminary

Section 39 Simplified outline of this Part

Section 39 provides a simplified outline of Part 3 of the Regulations.

Section 40 Matters the Regulator must be satisfied of or take into account in issuing licence authorising facility activity or material activity

Section 40 provides that the matters prescribed by Part 3 of the Regulations are the matters the Regulator must be satisfied of, and take into account, in deciding whether to issue a licence to authorise a facility activity or material activity. The matters are prescribed for the purposes of subparagraphs 31(2)(a)(ii) and 31(2)(b)(ii) of the Act.

Division 2—Matters to be satisfied of or taken into account

Division 2 of Part 3 of the Regulations prescribes matters that the Regulator must be satisfied of, or take into account, in deciding whether to issue a licence to authorise a facility activity or a material activity.

As is the case for Part 2 of the Regulations (applications), matters are sometimes prescribed only in relation to a facility activity or material activity, or only in relation to a particular kind of activity (either facility or material). Those are prescribed for a class of licence, in reliance on subsection 33(3A) of the AI Act.

Subdivision A—Licence authorising any kind of facility activity or material activity

Subdivision A of Division 2 of Part 3 of the Regulations prescribes what the Regulator must be satisfied of, or take into account, in relation to all licence applications to authorise a facility activity or a material activity.

Section 41 General matters the Regulator must be satisfied of

Section 41 applies to a licence to authorise any kind of facility activity or material activity.

General

The general matters under subsection 41(2) that the Regulator has to be satisfied of to issue a licence are that:

the licence application contains the information and is accompanied by the documents required by Division 2 of Part 2 of the Regulations; and
the licence applicant has given any further information required by the Regulator under subsection 30A(1) of the Act (see section 38 of the Regulations); and
the licence applicant has demonstrated that the proposed licence holder would ensure, so far as reasonably practicable, nuclear safety when conducting the regulated activity; and
the licence applicant has demonstrated that the proposed licence holder would be able to comply with the other nuclear safety duties that would apply to the licence holder under Division 2 of Part 2 of the Act; and
the licence applicant has demonstrated that the systems, arrangements and plans described and documented in the application or a document accompanying the application (see subsection 21(2) and section 22 of the Regulations) would be appropriate for their purpose; and
the licence applicant has demonstrated that all of the following, in relation to the conduct of the regulated activity, would be kept as low as reasonably achievable taking into account economic and societal factors:

the magnitude of individual doses;
the number of people who are exposed;
the likelihood of incurring exposures to ionising radiation and harmful non-ionising radiation; and

the persons, or class of persons, to be authorised to conduct the regulated activity would, so far as reasonably practicable, have appropriate expertise, training and information to ensure the nuclear safety of the regulated activity; and
if it is reasonably foreseeable that:

any other high risk activities or material that would be, or could be, conducted or located in, or near, the designated zone in which the regulated activity may be conducted under the licence; and
those activities or materials could reasonably pose additional risks to the nuclear safety of the regulated activity;

the measures (as proposed at the time of making the decision to issue the licence) to mitigate that additional risk ensure, so far as reasonably practicable, that additional risk is mitigated; and

that the activity would be adequately and appropriately insured.

Radiation monitoring boundaries and exclusion zones

Subsection 41(3) provides that in deciding whether to issue a licence, the Regulator has to be satisfied that the boundaries for the radiation monitoring of the regulated activity to be set (as proposed at the time of making a decision to issue the licence) would ensure nuclear safety.

The first note under subsection 41(3) explains that the information and documents that the licence applicant has to provide are detailed in section 20 of the Regulations.

The second note under subsection 41(3) provides that if the licence is issued, it would be subject to a condition that radiation monitoring be undertaken within set boundaries in accordance with the radiation protection plan for the activity. The second note directs the reader to subsection 59(2) of the Regulations.

Subsection 41(4) provides that the Regulator must be satisfied that any exclusion zone (which would exclude people) to be set around a boundary of the area in which the regulated activity would be conducted (as proposed at the time of making the decision to issue the licence):

would ensure nuclear safety; and
would be enforced throughout the proposed period of the licence.

The first note under subsection 41(4) refers the reader to section 20 of the Regulations for the information and documents that would be relevant to this provision.

The second note provides that if issued, the licence would be subject to a condition that the exclusion zone be enforced. The second note directs the reader to subsection 59(4) of the Regulations.

Section 42 General matters the Regulator must take into account

Section 42 prescribes, for the purposes of subparagraph 31(2)(b)(ii) of the Act, the general matters the Regulator must take into account when deciding whether to issue a licence to authorise any kind of facility activity or material activity. These are in addition to what is required by subparagraph 31(2)(b)(i) of the Act.

The general matters are:

whether the licence applicant has demonstrated that the interaction between technical, human and organisational factors in the management of nuclear safety has been considered in relation to the conduct of the regulated activity;
whether the licence applicant has demonstrated that international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the proposed nuclear safety management system for the regulated activity, and the proposed arrangements and plans for the regulated activity, that would be required under section 60 of the Regulations;
the analysis of the radiological consequences to the surrounding environment from a reference incident at the site of the activity, provided under paragraph 16(e) of the Regulations;
any technical authorities or standards which the Regulator is aware of, that:

address measures to ensure, so far as reasonably practicable, nuclear safety; and
would apply in relation to the conduct of the activity if the licence is issued;
1. any other proposed policies or procedures for the conduct of the regulated activity that the Regulator is aware of;
2. any other design or operational limits and conditions (actual or proposed) of any infrastructure, plant, equipment, information technology, radiation monitoring boundaries, systems, components, or warning devices proposed to be involved in the conduct of the activity that the Regulator is aware of;
3. any other matters that the Regulator considers relevant.

The note under section 42 provides, for the purposes of paragraph 42(b), the licence applicant must provide information that describes how international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the system, arrangements and plans. The note refers the reader to subsection 21(3) of the Regulations.

Subdivision B—Licence authorising facility activity —additional matters

This subdivision prescribes additional matters the Regulator must be satisfied of, and take into account, in deciding whether to issue a licence for any kind of facility activity.

Section 43 Additional matters—any kind of facility activity

Section 43 applies to a licence to authorise any kind of facility activity. The note under subsection 43(1) refers the reader to Subdivision C of Division 2 of Part 2 of the Regulations for details on information and documents that the application must include.

Matters to be satisfied of

Subsection 43(2) prescribes the matters that the Regulator must be satisfied of in deciding whether to issue a licence to authorise a facility activity.

The Regulator must be satisfied that:

the licence applicant has demonstrated that all regulated activities that could reasonably be foreseen to be conducted in relation to the NNP facility, or proposed facility, over its lifetime have been appropriately considered in relation to the conduct of the activity; and
the applicant has undertaken meaningful consultation with all relevant stakeholders, Aboriginal and Torres Strait Islander peoples and the public about the regulated activity and the facility or proposed facility.

Matters to take into account

Subsection 43(3) prescribes the matters which the Regulator has to take into account in deciding whether to issue a licence to authorise a facility activity.

The Regulator must take into account:

the baseline radiological data provided under subsection 24(2) of the Regulations;
the level of nuclear safety risk posed by the activity proposed to be authorised (having regard to the matters in paragraph 24(3)(b) of the Regulations);
if paragraph 24(3)(f) of the Regulations applies in relation to the licence application, then the extent to which the conditions which apply to the previous licensing stage have been complied with by the licence holder;
the preliminary plans provided as required by the section in Subdivision C of Division 2 of Part 2 of the Regulations that applies in relation to an application for a licence to authorise the facility activity.

The first note under subsection 43(3) sets out that if a licence is issued, it would be subject to a condition that a current description of the level of nuclear safety risk be maintained. The note refers the reader to section 77 of the Regulations.

The second note under subsection 43(3) provides that for determining whether paragraph 24(3)(f) of the Regulations applies in relation to the application, the reader should refer to subsections 24(1) and (4) of the Regulations.

The third note under subsection 43(3) provides that preliminary plans might be preliminary decommissioning plans, preliminary operational plans or preliminary disposal plans. A preliminary plan, however, is not required for an application for a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

Section 44 Additional matters—activity of preparing a site for an NNP facility in a designated zone

Section 44 provides the Regulator must be satisfied, before issuing a licence authorising a facility activity of preparing a site for an NNP facility in a designated zone, that the site evaluation for the proposed facility (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the site for the proposed facility.

This means that in the circumstance that the site evaluation initially provided as part of the licence application is amended during consideration of the application; the Regulator has to be satisfied of the evaluation, as it exists at the time of issuing the licence.

The note under section 44 directs the reader to section 25 of the Regulations, which would specify the information and documents that the licence applicant must provide as part of their application that are relevant to section 44.

Section 45 Additional matters—activity of having possession or control of an NNP facility in a designated zone

Section 45 applies to a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone.

Under subsection 45(2), if a construction evaluation must be provided as part of the application (see subsection 27(3) of the Regulations), in deciding whether to issue the licence, the Regulator must be satisfied that the construction evaluation for the facility (as proposed at the time of making the decision whether to issue a licence) demonstrates the suitability of the facility for the possession or control.

The note under subsection 45(2) refers the reader to subsections 27(1) and (4) of the Regulations to determine whether subsection 27(3) of the Regulations applies.

Under subsection 45(3), the Regulator has to take into account the results of the field exercise provided under subsection 27(6) of the Regulations.

Section 46 Additional matters—activity of operating an NNP facility in a designated zone

Section 46 applies to a licence to authorise a facility activity of operating an NNP facility in a designated zone.

Under subsection 46(2), the Regulator must be satisfied that the evaluation of the readiness of the NNP facility for its proposed operation (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the facility for its proposed operation.

The note under subsection 46(2) refers the reader to subsection 28(3) of the Regulations in respect of the information and documents that the licence applicant must provide.

Subsection 46(3) provides that the Regulator must take into account the results of the field exercise provided under subsection 28(6) of the Regulations.

Section 47 Additional matters—activity of decommissioning an NNP facility in a designated zone

Section 47 applies to a licence to authorise a facility activity of decommissioning an NNP facility in a designated zone.

Under subsection 47(2), the Regulator has to take into account:

the strategy for decommissioning the facility provided under subsection 29(3) of the Regulations; and
the results of the field exercise provided under subsection 29(4) of the Regulations.

Section 48 Additional matters—activity of disposing of an NNP facility in a designated zone

Section 48 applies to a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

Under subsection 48(2), the Regulator must be satisfied that the evaluation of the decommissioning of the NNP facility (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the NNP facility for disposal.

The note under subsection 48(2) directs the reader to subsection 30(3) of the Regulations, in respect of information and documents that the licence applicant has to provide, that are relevant to subsection 48(2) of the Regulations.

Under subsection 48(3), the Regulator has to take into account the independent assessment provided under subsection 30(5) of the Regulations.

Subdivision C—Licence authorising material activity—additional matters

This subdivision prescribes the additional matters that the Regulator has to take into account, in deciding whether to issue a licence for any kind of material activity.

Section 49 Additional matters—any kind of material activity

Section 49 provides that the Regulator must take into account the following matters in deciding whether to issue a licence for any kind of material activity:

the details of the types, categories, forms and quantities of any NNP material, or NNP equipment or plant provided under paragraph 31(2)(a) of the Regulations;
the proposed arrangements, described and documented in information and documents provided under paragraph 31(2)(b) of the Regulations for storing, managing and handling of any such NNP material, or NNP equipment or plant;
the description and documentation of NNP material, or NNP equipment or plant provided under subsection 31(3) of the Regulations.

The note under section 49 states that if the licence is issued, it would be subject to a condition that the information and documents specified in the relevant item in the table in subsection 31(3) of the Regulations are kept up to date. The note under section 49 directs the reader to section 86 of the Regulations.

Part 4—Conditions applying to licence authorising facility activity or material activity

Part 4 of the Regulations prescribes conditions for a licence authorising a facility activity or material activity. The conditions could apply to the licence holder and could also apply to other persons authorised under the licence.

Similarly to Parts 2 and 3 of the Regulations, conditions may be prescribed only in relation to a facility activity or material activity, or only in relation to a particular kind of activity (either facility or material), or for transitional licences. In these cases the conditions are prescribed for a class of licence, in reliance on subsection 33(3A) of the AI Act.

A person authorised by an Australian naval nuclear power safety licence to conduct a regulated activity must comply with the conditions of the licence that apply to the person (see Part 2 of the Act, including sections 23 and 25, for the offences and civil penalty provisions relating to breaches of conditions).

Under subsection 32(1) of the Act, a licence is subject to all of the following conditions:

the condition set out in subsection 32(2) of the Act;
the conditions prescribed by the Regulations;
any conditions specified by the Regulator in the licence at the time of issuing the licence;
any conditions specified by the Regulator under subsection 34(2) of the Act after the licence is issued.

The Act establishes the regulatory framework for Australia's naval nuclear power safety regime and expressly provides for civil and criminal offences, including the applicable maximum penalties.

Prescribing the majority of conditions in the Regulations, rather than in the primary legislation, ensures the minimum requirements can be readily updated in line with global nuclear safety standards.

The inclusion of the majority of conditions in the Regulations promotes transparency and legal certainty by ensuring that minimum obligations in this safety critical context are clearly articulated and accessible to affected persons and others with an interest in the regulatory framework.

It is noted that the existence and content of conditions under the Regulations relate to the offences in the primary legislation that must be proved by the prosecution, and not to the defences (where the evidential burden of proof lies with the defendant). Importantly, the offences in the Act are not of general application. They apply only to a small, select group of Commonwealth-related persons and persons authorised by a licence, who are responsible for delivering and operating Australia's nuclear-powered submarine enterprise. The Regulations do not prescribe any offences, rather, they prescribe conditions and identify what constitutes a nuclear safety incident, as enabled by the Act.

Conditions, including conditions prescribed in the Regulations, set out some conduct elements of the relevant offences in the Act. The prosecution, for criminal matters, must prove the person engaged in the conduct. While strict liability applies to the element of the conduct contravening a licence condition. As explained in the Revised Explanatory Memorandum to the Bill, strict liability has been applied consistently with the Attorney-General’s Department’s Guide to Framing Commonwealth Offences (the Guide). The Guide provides that strict liability may be justified where requiring proof of fault of the particular element to which strict liability applies would undermine deterrence and there are legitimate grounds for penalising persons lacking ‘fault’ in respect of that element.

In relation to the offences in Part 2 of the Act (such as the offences in subsections 23(3) and 25(3)), the need to deter behaviour which may risk nuclear safety justifies the application of strict liability to particular physical elements of criminal offences. The offences also arise in a context where a defendant can reasonably be expected, because of their involvement in regulated activities, to know what the requirements of the law are, and the mental, or fault element, can be justifiably excluded.

It is appropriate that these conditions be prescribed by the Regulations because they only apply to licence holders and other persons authorised by the licence. Those persons 'opt-in' to the regulatory framework and are expected to have complete awareness of the duties and conditions in place, which are designed to ensure nuclear safety. The licencing framework operates so that licence applicants must demonstrate their ability, and the ability of persons to be authorised by their licence, to comply with licence conditions.

Division 1—Preliminary

Section 50 Simplified outline of this Part

Section 50 provides a simplified outline of Part 4 of the Regulations.

Section 51 Application

Section 51 provides that Part 4 of the Regulations does not apply to a licence authorising a submarine activity. The conditions do not extend to a licence authorising a submarine activity.

The note under section 51 directs the reader to section 13 of the Act for the meaning of submarine activities.

Section 52 Conditions to which a licence authorising a facility activity or material activity is subject

Subsection 52(1) provides that, for the purposes of paragraph 32(1)(b) of the Act, a licence authorising a facility activity or a licence authorising a material activity in a designated zone, is subject to the conditions prescribed by Part 4 of the Regulations that are applicable to the activity.

A licence may also be subject to other conditions, as per subsection 32(1) of the Act and Part 5 of the Regulations. Part 5 of the Regulations prescribes the conditions that apply if a nuclear safety incident occurred.

The note following subsection 52(1) explains that if a nuclear safety incident occurred, the licence would also be subject to conditions related to a nuclear safety incident that the licence holder has to report under section 21 of the Act. The note directs the reader to section 105 of the Regulations.

Subsection 52(2) provides that each condition prescribed by Part 4 of the Regulations applies to the licence holder, and if the condition specifies, to any other person authorised to conduct the regulated activity.

Subsection 52(3) clarifies that if a provision in Part 4 of the Regulations mentions a period of time during which the licence is in force, the calculation of the period of time does not include any periods during which the licence is suspended.

The note under subsection 52(3) provides that a licence is not to be in force during any period it is suspended (to the extent it is suspended), and directs the reader to subsection 33(3) of the Act.

Division 2—Conditions applying to licence authorising any kind of facility activity or material activity

Division 2 of Part 4 of the Regulations prescribes the conditions that apply to all licences authorising a facility activity or a material activity (which could relate to the licence holder only or the licence holder and other persons authorised by the licence).

Subdivision A—General conditions relating to the conduct of the regulated activity

Section 53 General conduct of the regulated activity

Section 53 prescribes a condition that the regulated activity be conducted in accordance with the following general principles of nuclear safety:

radiation exposure resulting from the conduct of the activity is to be controlled and monitored;
ingestion and inhalation of radioactive material and absorption of radioactive material through direct contact with intact or broken skin is to be prevented, or mitigated if prevention is not achievable;
radiation exposure resulting from the conduct of the activity is to be kept as low as reasonably achievable;
material contaminated with radioactive material or radionuclides resulting from the conduct of the activity is to be controlled
NNP material and NNP equipment or plant must be controlled;
the reactivity of naval nuclear propulsion plant is to be controlled;
the naval nuclear propulsion plant is to be effectively cooled and residual decay heat removed;
the radioactivity of NNP material and naval nuclear propulsion plant is to be controlled and contained;
the health, in relation to nuclear safety, of all persons authorised under the licence and all other occupationally exposed persons is to be maintained;
the public and environment are to be protected from exposure to ionising radiation and harmful non-ionising radiation resulting from the conduct of the activity;
hazards or risks that may result in damage to naval nuclear propulsion plant are to be prevented, or mitigated if prevention is not achievable.

The principles are intended to support the licence holder to engage in conduct that would fulfil their nuclear safety duties.

The note directs the reader to Division 2 of Part 2 of the Act, which is about the nuclear safety duties that apply to people when they conduct regulated activities.

Section 54 Adequate resources for safe conduct of the regulated activity

Section 54 prescribes a condition that the licence holder must, at all times during the licence period, have, control and maintain adequate financial, human and technical resources to conduct the regulated activity safely.

The condition seeks to require the licence holder to prioritise nuclear safety across the planning and allocation of their organisation’s resources, including financial, human and technical resources.

Section 55 Changes related to the conduct of the regulated activity and to systems, arrangements, designs and plans

The conditions in this section seek to facilitate suitable consideration of processes and the consequences of changes, and to provide sufficient oversight of changes that may have implications on nuclear safety to the Regulator.

Section 55 applies to the following:

changes related to the conduct of the regulated activity;
changes to the nuclear safety management system, arrangements or a plan for the regulated activity required under section 60 of the Regulations;
changes to the records management system for the regulated activity required under section 61 of the Regulations;
changes to the plan or design in relation to the regulated activity required under Division 3 of Part 4 of the Regulations (that being plans or designs for particular facility activities);
changes to a plan or arrangement for the regulated activity required under Division 4 of Part 4 of the Regulations (that being plans or arrangements for particular material activities).

Changes that must be approved

Under subsections 55(2) and (3) of the Regulations, it is a condition on the licence holder that they must obtain approval from the Regulator before implementing or making the following changes:

the licence holder proposes to implement or make the changes; and
for changes to the nuclear safety plan, the radiation protection plan, the emergency management and response plan or the environmental protection plan (which are covered by paragraph 55(1)(b))—the proposed changes are not insubstantial, insignificant or trivial or a correction of an administrative error; and
for any other changes not covered by paragraph 55(2)(b)—the proposed changes are significant or may have significant implications for nuclear safety.

Under paragraph 55(3)(b), if the change is mentioned under paragraphs 55(1)(b) to (e) of the Regulations, the licence holder must also provide the Regulator with any updated documentation of the system, arrangements, design or plan that is proposed to be changed.

Changes that must be notified

Under subsections 55(4) and (5) of the Regulations, it is a condition on the licence holder that they must notify the Regulator of changes implemented or made, if:

the licence holder implements or makes the changes; and
the changes are:

not of a kind required to be approved under subsection 55(3); and
not insubstantial, insignificant or trivial; and

for changes covered by paragraph 55(1)(a)—the changes modify any NNP facility, NNP material or NNP equipment or plant, that are, or could be, involved in the regulated activity.

Subsection 55(5) provides that the licence holder must also provide the Regulator any updated documentation of the system, arrangements, design or plan for changes that are covered by paragraphs 55(1)(b) to (e) of the Regulations.

Section 56 Conducting the regulated activity

Section 56 prescribes a condition that applies to the licence holder and any other person authorised to conduct the regulated activity when conducting the regulated activity. The licence holder and persons authorised must take all reasonably practicable steps to prevent or minimise:

human errors and organisational failures; and
incidents, including accidents, near misses and deficiencies, and minimise the consequences of any incidents.

Minimising incidents, and the consequences of these incidents, would support nuclear safety across the conduct of the regulated activity. This aims to reduce potential risks to the safety and security of people and the environment and reduce the risk of an unsafe nuclear culture regarding the regulated activity.

Section 57 Nuclear safety site induction

Section 57 prescribes conditions for nuclear safety site inductions at the site of a regulated activity. The nuclear safety site induction conditions mean the competency requirements of any person entering a site (i.e. they are sufficiently informed of the environment they are entering), in which a regulated activity takes place, are met prior to entering the designated zones. This aims to ensure there is sufficient awareness by the people at the sites of the radiation risks and hazards, for the prevention of radiation related incidents, and the procedures if an incident or accident does occur. These are akin to work health safety site inductions, but relate specifically to nuclear safety.

Site inductions

Subsection 57(1) prescribes a condition that the licence holder must ensure that all persons entering the site of the regulated activity receive a site induction.

The site inductions must occur:

before first entering the site; and
if the person has not received a site induction in the previous 12 months—another induction before entering the NNP facility or interacting with NNP material or NNP equipment or plant at the site; and
if the person has not received a site induction that covered the kind of NNP material or NNP equipment or plant at the site in the previous 12 months—another induction before interacting with the NNP material or NNP equipment or plant at the site.

A safety site induction at a NNP facility is a structured, role specific program delivered by licence holders to all persons conducting, observing or supporting regulated activities, or who are attending the site. It is provided prior to the commencement of a regulated activity or interaction with a regulated activity. The induction must be designed to ensure all relevant persons understand the site hazards, safety protocols, behavioural expectations and responsibilities in maintaining nuclear safety.

The note following subsection 57(1) states that records must be kept and refers the reader to section 61 of the Regulations.

Subsection 57(2) prescribes that the site induction must cover:

the nuclear safety and radiation hazards and risks at the site in relation to the regulated activity and the kinds of NNP material or NNP equipment or plant at the site; and
for persons at higher risk—the severity of such hazards and risks; and
how to respond to a nuclear safety incident and any other emergency or incident that could occur in relation to the regulated activity at the site; and
the reporting requirements for nuclear safety incidents and other emergencies or incidents.

An example of ‘persons at higher risk’ in the context of subsection 57(2) could be a person whose duties include emergency response or first responder duties, who may attend a NNP facility where a regulated activity is licenced to be conducted. This individual, attending in their capacity as an emergency worker or first responder during a nuclear safety incident or a site emergency, must be informed of the nature and range of the potential hazards present.

However, ‘persons at higher risk’ are unlikely to be identical for every regulated activity. At the licence application stage, the applicant will provide information on how they will assess ‘persons at higher risk’ and how the induction will address the range of nuclear safety and potential radiation hazards and risks for such persons.

Review of induction material and reporting

Subsection 57(3) prescribes a condition that the licence holder must review the appropriateness and effectiveness of the induction material:

every 12 months, beginning on the day the licence is issued; and
each time that significant changes are required to ensure nuclear safety.

For example, a change approved in accordance with section 55 of the Regulations requires the licence holder to review the appropriateness and effectiveness of the induction material for the site.

Subsection 57(3)(a) provides that it is a condition that a licence holder must review induction material each time ‘significant changes are required to ensure nuclear safety’. ‘Nuclear safety’ is defined in the Act (section 5), and ‘significant changes’ has its ordinary meaning.

Induction material should be tailored to the specific regulated activity and the persons involved in undertaking the regulated activity. An example of when ‘significant changes are required to ensure nuclear safety’ could be changes to the role and duties performed by a person, their job type or location, or interactions with hazardous materials during the conduct, observation or support of regulated activities, or attending a site. This would trigger a review of induction material and reporting.

The note under subsection 57(3) provides that the calculation of a period mentioned in paragraph 57(3)(a) does not include any periods during which the licence is suspended. The reader is directed to subsection 52(3) of the Regulations.

Subsection 57(4) prescribes a condition that the licence holder must cause a review of the induction material to be completed within 3 months after:

the end of the relevant 12 month period; or
the significant change is made.

Subsection 57(5) prescribes a condition that the licence holder must, within 14 days of completing the review, provide the Regulator with a report on the outcomes of the review. The report must include details of:

the assessment of the appropriateness and effectiveness of the material; and
how any identified deficiencies, were, or are proposed to be, rectified.

The note under subsection 57(5) specifies that the licence holder must receive approval from the Regulator before implementing a change identified in the review if the change is significant or may have significant implications for nuclear safety. The reader is directed to section 55 of the Regulations.

Subsection 57(6) provides that if the remaining period of the licence is 12 months or less following any periods mentioned in paragraph 57(3)(a), then subsections 57(3) to (5) do not apply to the period.

The note under subsection 57(6) provides that a final report may be required instead under section 67 of the Regulations.

Transitional arrangements

Subsection 57(7) provides that if the licence is a transitional licence, the section applies in relation to a review of the induction material as if:

the reference to the day the licence is issued were a reference to the day the Act commences; and
a reference to either a period during which the licence is in force or the remaining period of the licence, were a reference to such periods that occur after the Act commences.

Section 58 Warning placards and warning devices

Section 58 prescribes conditions in relation to warning placards and warning devices.

The requirement to have warning placards and warning devices is intended to ensure that persons within or in proximity to the conduct of a regulated activity are made aware of the potential hazards present.

Warning placards

Subsection 58(1) prescribes a condition that the licence holder must ensure that a sufficient number of warning placards, in relation to nuclear safety risks and hazards, are prominently displayed in the area in which the regulated activity is conducted. The sufficient number of warning placards for the specific NNP facility would differ depending on the size and layout of the individual facility and types of regulated activities being conducted in that location.

What will be required for a safety placard will also depend on the risk of the regulated activity in the area, the activity itself and the size and layout of the facility where the activity is occurring. For example, a facility storing or maintaining naval nuclear propulsion plant would likely require more warning placards than a facility dealing with low level items, like discarded personal protection equipment at a controlled industrial facility.

The licence holder should document in the nuclear safety plan and the radiation protection plan (which is the process they used to determine the correct procedure) how the risks of the proposed regulated activity would be addressed. This information would feed into the appropriate use of warning placards.

The term ‘sufficient number’ has its ordinary meaning. What would be a ‘sufficient number of warning placards’ is dependent on the risk of the regulated activity in the area, the activity itself and the size and layout of the NNP facility where the activity is occurring.

‘Warning placards’ may include signage providing visual (pictorial or written) warnings or instructions, including representations of personal protective equipment requirements and exit and evacuation points. ‘Warning placards’ must be adopted by a licence holder to inform, notify and warn persons conducting, observing or supporting regulated activities or attending a site where the nuclear and radiological hazards are present and hazardous conditions or activities (planned or unplanned) are occurring. This may include, but is not limited to, the location and presence of boundaries and exclusion zones.

An assessment of ‘a sufficient number of warning placards’ is informed by the hazard and risk assessment for a specific regulated activity. This may include, but would not be limited to, consideration of the location within a facility or site of the regulated activity, the operating environment (e.g. noise, lighting or other stimulus), traffic volumes, or operational surveillance and monitoring. Such an assessment for a remote location would have to consider and accommodate approaches to the site from multiple pathways and this would require multiple modes of warning placards and devices (e.g. visual and audible). An assessment would also have to ensure that any person approaching, entering or present within that area is properly informed of the hazards present, the personal protective equipment requirements and properly notified during an incident, emergency or planned/unplanned operational event relevant to the regulated activity.

Subsection 58(2) prescribes a condition that the placards be clearly legible by persons who approach the placard, and that they must be separate from any other sign or writing that contradicts, qualifies or distracts attention from the placard, and that the placards are located:

as close as is reasonably practicable to the main entrance of each NNP facility or workspace involved in the activity; and
at the entrance to each room or walled section in which NNP material, or NNP equipment or plant involved in the activity is used, handled or stored; and
on, next to, or at the entrance of, each container or outside storage area in which NNP material or NNP equipment or plant involved in the activity is stored or transported; and
at each entrance to where an emergency service organisation (within the meaning of the Work Health and Safety Regulations 2011) may enter an NNP facility or workspace involved in the activity.

The intent of this condition is to ensure that placards are located in these locations where persons could be injured or at risk, to support informed awareness of their surroundings and their safety.

Subsection 58(3) prescribes the condition that the licence holder and any other person authorised to conduct the regulated activity must ensure that the placards remain accurate and that the placards are kept clean, maintained in good repair and not covered or obscured.

Warning devices

Subsection 58(4) prescribes a condition that the licence holder and any other person authorised to conduct the regulated activity must:

ensure that a sufficient number of warning devices are operational in the area in which the regulated activity is conducted and during the conduct of the regulated activity to minimise nuclear safety risks; and
ensure that each warning device is positioned in a location that ensures that the device will work to the best effect; and
ensure that sufficient information, training and instruction is provided to persons in the area in relation to the use of the devices and responding to warnings; and
take all reasonable steps to ensure that the warning devices are used in accordance with that information, training and instruction.

For the purposes of paragraph 58(4)(a), the term ‘sufficient number’ has its ordinary meaning. What would be a ‘sufficient number of warning devices’ is dependent on the risk of the regulated activity in the area, the activity itself and the size and layout of the NNP facility where the activity is occurring.

‘Warning devices’ is not defined as this term has its ordinary meaning. ‘Warning devices’ used in relation to nuclear safety and radiation protection may include flashing lights and audible alarms. ‘Warning devices’ may be adopted by a licence holder to inform, notify and warn persons conducting, observing or supporting regulated activities or attending a site where the nuclear and radiological hazards are present and hazardous conditions or activities (planned or unplanned) are occurring. This may include, but is not limited to, the location and presence of boundaries and exclusion zones.

An assessment of ‘a sufficient number of warning devices’ is informed by the hazard and risk assessment for a specific regulated activity similar to the assessment described under subsection 58(1) in relation to ‘warning placards’.

Incident review

Subsection 58(5) prescribes a condition that if a deficiency in the effectiveness or appropriateness of the warning placards or warning device may have been a factor in an incident relating to the regulated activity, the licence holder must review the appropriateness and effectiveness of the warning placards or warning devices used at the site of the regulated activity.

The note under subsection 58(5) states that the licence holder must receive approval from the Regulator before implementing a change identified in a review if the change is significant or may have significant implications for nuclear safety. The note refers the reader to section 55 of the Regulations.

Section 59 Radiation monitoring boundaries and exclusion zones

Radiation monitoring boundaries

Section 59 prescribes conditions applying to radiation monitoring boundaries and exclusion zones.

Radiation monitoring boundaries promote the identification of areas that may have an increased risk in relation to radiation exposure sources and pathways, and that specific monitoring methods are determined. Radiation monitoring boundaries and exclusion zones would support the licence holder in meeting their nuclear safety and radiation protection duties.

Subsection 59(1) prescribes a condition that the licence holder must have set boundaries for radiation monitoring of the regulated activity that:

ensure nuclear safety; and
are as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder in accordance with section 55 of the Regulations, or to comply with a condition that is specified by the Regulator for the purposes of subsection 34(2) of the Act.

Subsection 59(2) prescribes a condition that the licence holder undertake radiation monitoring of the regulated activity within the radiation monitoring boundaries and in accordance with the radiation protection plan for the activity.

The note under subsection 59(2) refers the reader to section 60 of the Regulations for the radiation protection plan.

Exclusion zone

Subsection 59(3) prescribes a condition that the licence holder must set one or more exclusion zone or zones around the boundary of the area in which the regulated activity would be conducted. The exclusion zones must ensure nuclear safety and be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder in accordance with section 55 or to comply with a condition that is specified by the Regulator for the purposes of subsection 34(2) of the Act.

Subsection 59(4) prescribes a condition that the licence holder and any other person authorised to conduct the regulated activity must enforce the exclusion zones.

It is intended that an exclusion zone for members of the public, or persons not authorised under the licence to conduct a regulated activity would differ depending on the size of the zone, layout of the individual facility and the different regulated activities being conducted by the licence holder in that exclusion zone.

Transitional arrangements

Subsection 59(5) prescribes that if the licence is a transitional licence:

it is a condition that on the day the Act commences, the licence holder must provide to the Regulator information and documents that describe and document the set radiation boundaries and exclusion zone or zones; and
paragraph 59(1)(b) applies to the transitional licence as if the reference to the set boundaries as proposed at the time of the Regulator making the decision to issue the licence, were a reference to the set boundaries as described and documented in the information and documents provided to the Regulator on the day the Act commences; and
paragraph 59(3)(b) applies to the transitional licence as if the reference to the exclusion zone or zones as proposed at the time of the Regulator making the decision to issue the licence, were a reference to the exclusion zone or zones as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Subdivision B—Conditions relating to nuclear management system, arrangements and plans for the activity

Section 60 Nuclear safety management system, arrangements and plans for the conduct of the activity

Section 60 prescribes conditions applicable to the licence in relation to a nuclear safety management system, arrangements and plans for the conduct of the activity.

Subsection 60(1) prescribes that the regulated activity must be conducted in accordance with each of the following:

a nuclear safety management system;
arrangements for organisational and human control of the activity;
a regulatory compliance plan;
a supply chain management plan;
a nuclear safety plan;
a radiation protection plan;
a radioactive waste management plan;
a security plan;
an emergency management and response plan;
an environmental protection plan;
an insolvency plan.

The note under subsection 60(1) clarifies that the regulated activity must also be conducted in accordance with obligations imposed by other laws. The note directs the reader to subsection 60(3) of the Regulations.

General requirements for systems, arrangements and plans

Subsection 60(2) prescribes a condition that each system, arrangement and plan mentioned in subsection 60(1) must:

be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

in accordance with section 55 of the Regulations; or
to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act; and

be effectively implemented and maintained throughout the period of the licence.

The first note under subsection 60(2) specifies that no condition in the section that relates to the system, arrangements or plan limits what the licence holder may otherwise choose to deal with in the system, arrangements or plan.

The second note under subsection 60(2) states that the system, arrangements and plans must be audited and reviewed. The reader is directed to section 68 of the Regulations.

Specific requirements for each system, arrangements and plan

Subsection 60(3) prescribes a condition that the system, arrangements or plan specified in an item in the table in that subsection must comply with the requirements specified.

These are that:

the nuclear safety management system must ensure control of the activity;
the arrangements for organisational and human control of the activity must maintain control of the organisation and nuclear safety;
the regulatory compliance plan must ensure continual compliance with Commonwealth law and regulatory requirements;
the supply chain management plan must ensure effective supply chains;
the nuclear safety plan must:

ensure that the activity is conducted safely and radiation exposure is kept as low as reasonably achievable within the applicable dose limits (and refers the reader to Subdivision D of Division 2 of Part 4); and
include a safety case report for the activity that deals with any hazards or risks;

the radiation protection plan must ensure radiation protection to prevent harmful or accidental irradiation of any person and ensure radiation exposure would be kept as low as reasonably achievable;
the radioactive waste management plan must ensure effective radioactive waste management;
the security plan must ensure the security of any NNP facilities, NNP material and NNP equipment or plant that are, or could be, involved in the activity;
the emergency management and response plan must ensure that the management of, and response to, emergencies removes or minimises risk or harm to persons or the environment;
the environmental protection plan must ensure environmental management and protection;
the insolvency plan must eliminate or reduce the risk to nuclear safety from potential insolvency, by making effective arrangements for:

potential insolvency of the licence holder; and
the impact of insolvency of the licence holder on nuclear safety; and
indemnities in relation to the regulated activity.

Transitional arrangements

Subsection 60(4) prescribes that if the licence is a transitional licence:

the condition in subsection 60(1) in relation to the arrangements and plans mentioned in paragraphs 60(1)(b), (c), (d) and (k) do not apply until the day that is 6 months after the commencement of the Act; and
it is a condition that, on the day that is 6 months from commencement of the Act, the licence holder must provide information and documents that describe and document those arrangements and plans to the Regulator; and
paragraph 60(2)(a) applies in relation to those arrangements and plans, as if the reference to the arrangements or plans as proposed at the time of the decision to issue the licence were a reference to the plans provided to the Regulator on the day that is 6 months after the commencement of the Act.

Subsection 60(5) prescribes that if the licence is a transitional licence:

it is a condition that, on the day that the Act commences, the licence holder must provide information and documents that describe and document the nuclear safety management system and plans mentioned in paragraphs 60(1)(a), (e), (f), (g), (h), (i), and (j) to the Regulator; and
paragraph 60(2)(a) applies to that system and those plans as if the reference to the system or plan as proposed at the time of making the decision to issue the licence were a reference to the system or plan as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Subdivision C—Conditions relating to reporting, record keeping, audit and review

Section 61 Records management system

Section 61 prescribes conditions in relation to the records management system.

An effective records management system is a critical business function, which should contain all of the information and documentation that an organisation needs to achieve safe operations essential to ensuring nuclear safety.

Subsection 61(1) prescribes a condition that records relating to the conduct of the regulated activity are kept in the records management system for the activity.

Subsection 61(2) prescribes a condition that the records management system for the regulated activity must:

ensure that:

records of all matters of significance in relation to the regulated activity are kept; and
all records remain accessible in Australia for at least 90 years, or if the records relates to radiation monitoring or exposure to radiation for at least 180 years; and
all records relating to nuclear safety remain traceable in respect of the information they contain; and
in the event the licence expires or is surrendered or cancelled, or the licence holder ceases to exists, all records remain accessible and are transferable to the Regulator; and

be as proposed at the time of the decision to issue the licence, or as changed from time to time by the licence holder in accordance with section 55 of the Regulations, or to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

The note under paragraph 61(2)(b) clarifies that paragraph 61(2)(a) does not limit what the licence holder may otherwise choose to deal with in the records management system.

Subsection 61(3) prescribes a condition that the licence holder must ensure that the records management system be effectively implemented and maintained throughout the period of the licence.

The note under subsection 61(3) explains that the records management system must be audited and reviewed every 3 years and directs the reader to section 68 of the Regulations.

Access on request

Subsection 61(4) prescribes a condition that the licence holder must provide access to records relating to nuclear safety and radiation protection to the Regulator on request.

For example, the Regulator could request that the licence holder provide details of all equipment reviews undertaken on a specific piece of equipment, which was subsequently involved to a reported near miss safety incident.

Section 62 Information and documents on request

Subsection 62(1) prescribes a condition that the licence holder and any other person authorised to conduct the regulated activity, if requested by the Regulator, must provide the following:

information and documents that describe and document how a condition relevant to the licence has been, or is being, complied with;
information that describes how international best practice in relation to nuclear safety has been considered;

in implementing or maintaining systems, arrangements or plans required under Part 4 of the Regulations; and
in conducting the regulated activity;

the records of doses to persons, which includes both occupational exposure and otherwise, in relation to the regulated activity;
the records of any incidents, which includes accidents, near misses and deficiencies, in relation to the regulated activity and the consequences and management of those incidents;
any other information or document that is necessary to assist the Regulator to perform any of the Regulator’s functions to ensure nuclear safety.

Discussions with subject matter experts

Subsection 62(2) prescribes a condition that the licence holder and any other person authorised to conduct the regulated activity must, if requested by the Regulator in relation to a request by the Regulator for information under subsection 62(1), facilitate discussions between the Regulator and a subject matter expert in relation to that area of the inquiry who is:

nominated by the Regulator, or
if requested by the Regulator, nominated by the licence holder or other person authorised.

Subsection 62(3) prescribes that if the Regulator makes a request for a subject matter expert under paragraph 62(2)(b), the licence holder or person authorised must nominate a suitably qualified and experienced subject matter expert as soon as practicable, and within 14 days of the request.

Subsection 62(3) provides for the nomination of a ‘suitably qualified and experienced subject matter expert’. This phrase is synonymous with the phrase ‘suitably qualified and experienced person’ (SQEP), which is widely used and understood in safety-critical industries, including the nuclear industry.

A ‘suitably qualified and experienced subject matter expert’ would be a person who holds the qualifications, technical expertise and experience to act in an advisory role, specifically in relation to the matters that are the subject of the provision. This may include, but is not limited to, professional certification or registration by a relevant professional or regulatory body, qualifications and certifications for the relevant units of competency. These professionals should be competent to discharge roles in nuclear safety.

An example would be a person who holds qualifications and experience in the closure of operational sites involving radiological and nuclear safety hazards. Such a professional must be suitably qualified and experienced to provide advice, conduct analysis and assessment of the measures adopted or proposed in a document or plan (such as a facility disposal plan, that is designed to protect human health and the environment from ongoing risks associated with radiological and nuclear hazards present at a specific facility, during the conduct of regulated activities).

Section 63 Reporting—potential serious impacts and breaches

Potential serious impacts to nuclear safety or radiation protection

Subsection 63(1) prescribes a condition that applies to the licence holder, and any other person authorised to conduct the regulated activity. If the licence holder or other person becomes aware of any event or circumstance (which includes a near miss) that:

may seriously impact, or could have seriously impacted, nuclear safety or radiation protection; and
the event or circumstance occurred in relation to:

the regulated activity; or
in relation to any NNP facility, NNP material, or NNP equipment or plant involved in the conduct of the activity;

the licence holder or other person authorised must immediately report the event or circumstance to the Regulator.

Paragraph 63(1)(a) refers to events or circumstances that ‘may seriously impact, or could have seriously impacted, nuclear safety or radiation protection’ in relation to reporting requirements on licence holders and persons authorised to conduct a regulated activity.

The phrase ‘may seriously impact, or could have seriously impacted, nuclear safety or radiation protection’ has not been defined as its application will be context-specific. What ‘may seriously impact, or could have seriously impacted, nuclear safety or radiation protection’ will vary in different events or circumstances, having regard to the specific regulated activity or activities being conducted. The threshold for an event or circumstance that ‘may seriously impact, or could have seriously impacted, nuclear safety or radiation protection’ is informed by the hazard and risk assessment for a specific regulated activity.

For example, a circumstance that ‘may seriously impact, or could have seriously impacted, nuclear safety or radiation protection’ could include reports indicating that during monitoring of low level waste, procedures were not followed correctly, which led to low level radioactive waste being routinely stored in unauthorised facilities during operations.

The note under subsection 63(1) explains the licence holder’s obligation to immediately report any nuclear safety incident and refers the reader to the reporting obligation under section 21 of the Act and section 104 of the Regulations.

Breach of licence condition

Subsection 63(2) prescribes a condition that applies to the licence holder and any other person authorised to conduct the regulated activity. If the licence holder or other person becomes aware of a breach of a licence condition to which the licence is subject, the licence holder or other person authorised must report the breach to the Regulator as soon as possible after becoming aware.

Suspected breach of a licence condition

Subsection 63(3) prescribes an investigation and reporting condition that applies to the licence holder and any other person authorised to conduct the regulated activity.

If the licence holder or other person authorised suspects that a breach of a licence condition to which the licence is subject may have occurred, as soon as practicable after forming the suspicion, the licence holder or other person authorised must investigate the suspected breach and report their findings to the Regulator.

Serious offences and contraventions of serious civil penalty provisions

Subsection 63(4) prescribes a reporting condition that applies to the licence holder and any other person authorised to conduct the regulated activity.

If the licence holder or other person authorised suspects that:

the licence holder, or any other person authorised under the licence has committed or is committing a serious offence against a Commonwealth, State or Territory law; or
the licence holder, or any other person authorised under the licence, has contravened or is contravening a serious civil penalty provision against a Commonwealth, State or Territory law;

the licence holder or other authorised person must report their suspicion to the Regulator within 28 days of forming their suspicion.

Subsection 63(5) prescribes the licence holder must report to the Regulator any proceedings against the licence holder for a serious offence against, or for a contravention of a serious civil penalty provision of a Commonwealth, State or Territory law, within 28 days of the proceedings being brought.

Subsection 63(6) provides a definition of a serious offence for the purposes of the Regulations as an offence against the law of the Commonwealth, State or Territory that:

is an offence involving fraud or dishonesty punishable by imprisonment for life or for a period, or a maximum period of at least 3 months; or
is an offence punishable by imprisonment for life or for a period, or a maximum period, of at least 3 years.

Subsection 63(7) defines a serious civil penalty provision for the purposes of the Regulations as a civil penalty provision of a Commonwealth, State or Territory law with a maximum penalty that is at least equivalent to 5,000 penalty units.

The reporting conditions are necessary to support the licence holder and person authorised to conduct the regulated activity who are in a position of responsibility for the regulated activity to maintain nuclear safety for the activity.

Section 64 Reporting—incidents

Periodic review and reporting of incidents

Subsection 64(1) prescribes an incident review and reporting condition that applies to the licence holder.

Paragraph 64(1)(a) requires the licence holder, for each period of 12 months during which the licence is in force (with the first of those beginning on the day the licence is issued) to review:

all incidents that occurred in relation to the regulated activity during that period; and
the management and consequences that occurred in relation to those incidents.

Examples of incidents include accidents, near misses and deficiencies.

Paragraph 64(1)(b) requires the licence holder to provide the Regulator, by the day that is 28 days after the end of the period, with a report on the outcomes of the review, which must include details of:

key themes and trends identified for the period;
any practices or procedures that had a significant number of near misses or deficiencies which has resulted in increased nuclear safety and radiation protection risks; and
how any identified deficiencies were, or are proposed to be, rectified.

Paragraph 64(1)(b) requires reporting to the Regulator of ‘any practices or procedures that have had a significant number of near misses or deficiencies’. This phrase has not been defined as what would constitute a ‘significant number of near misses or deficiencies’ will be context-specific.

Subparagraph 64(1)(b)(ii) must be read in context, as the condition requires the licence holder to undertake a comprehensive assessment of events that have occurred in relation to the regulated activities which were authorised by a licence. This comprehensive assessment of the regulated activities over the previous 12 months should be used to identify any factors that have contributed to a significant number of near misses in, for example, the operation of waste facility equipment due to deficiencies in operational procedures.

The required reporting and analysis may enable a licence holder to evaluate the safety and efficacy of a practice or procedure and implement changes. When shared with the Regulator, it also provides for the opportunity to assess the effectiveness of controls and identify and prioritise areas of improvement across the sector.

The note under subsection 64(1) provides that the calculation of a period mentioned in paragraph 64(1)(a) does not include any periods during which the licence was suspended. The reader is directed to subsection 52(3) of the Regulations.

Subsection 64(2) prescribes that if the remaining period of the licence, following any periods mentioned in paragraph 65(1)(a) of the Regulations, was for 12 months or less, then subsection 65(1) does not apply to that period.

The note under the subsection 64(2) states that a final report may instead be required under section 67 of the Regulations.

Report on investigation of incident

Subsection 64(3) prescribes a condition that applies to the licence holder and any other person authorised to conduct the regulated activity. If the licence holder or other person receives a report on:

an internal investigation of an incident related to the regulated activity, or
an investigation by a Commonwealth, State or Territory agency (other than the Regulator) of an incident relating to the regulated activity;

the licence holder or other person authorised must provide the report to the Regulator within 14 days of receiving the report. This provision does not extend to any investigation reports of the Regulator that are provided to the licence holder.

Transitional arrangements

Subsection 64(4) prescribes that if the licence is a transitional licence, then section 64 applies in relation to a review of incidents and the management and consequences of those incidents as if:

a reference to the day the licence is issued, were a reference to the day the Act commences, and
a reference to:

a period during which the licence is in force; or
the remaining period of the licence;

were a reference to such periods that occur after the commencement of the Act.

Section 65 Reporting—holdings of radioactive waste awaiting disposal

Reporting holdings of radioactive waste

Subsection 65(1) prescribes a condition that at the end of each 12-month period during which the licence is in force (by the day that is 28 days after the end of the period), the licence holder must report to the Regulator:

the amount of radioactive waste from the regulated activity that is in a designated zone at that time, awaiting disposal; and
a description of the kind of the waste, its hazard level and classification.

The note under subsection 65(1) clarifies that the calculation for a period mentioned in the subsection is not to include any periods in which the licence was suspended, and refers the reader to subsection 52(3) of the Regulations.

Subsection 65(2) prescribes that if the remaining period of the licence for the regulated activity mentioned in subsection 65(1) is 12 months or less, subsection 65(1) does not apply to the period.

The note under subsection 65(2) provides that a final report may be required instead and refers the reader to section 67 of the Regulations.

Transitional arrangements

Subsection 65(3) provides that if the licence is a transitional licence, then section 65 applies as if:

the reference to the day the licence is issued, were a reference to the day the Act commences; and
a reference to:

a period during which the licence is in force; or
the remaining period of the licence;

were a reference to such periods that occur after the Act commences.

Section 66 Reporting—change of office holder with control of activity

Subsection 66(1) prescribes that if the person who is the office holder of the licence that has control of the organisational, financial and operational conduct of the regulated activity changes, the licence holder must:

notify the Regulator of that change; and
provide details of the new office holder to the Regulator.

Subsection 66(2) prescribes a condition that the licence holder must notify the Regulator and provide the details:

at least 6 weeks prior to the change of office holder; or
if the licence holder was unaware of the change 6 weeks prior to that change occurring, then notification must be made as soon as practicable after becoming aware of the change.

Section 67 Reporting—final report for final period of licence

Subsection 67(1) provides that the section does not apply in relation to a licence that is cancelled by the Regulator.

Subsection 67(2) prescribes a condition that the licence holder must provide to the Regulator a final report relating to the regulated activity in accordance with subsection 67(3) of the Regulations.

Subsection 67(3) provides that the final report must be provided by the day that is 28 days before the following:

the day the licence is surrendered, if the licence holder intends to surrender the licence under section 37 of the Act; or
the day the licence will cease under paragraph 33(2)(b) of the Act.

Section 68 Nuclear safety management system, arrangements, plans and records management system must be audited and reviewed

Section 68 applies in relation to:

the nuclear safety management system, arrangements and each plan for the activity required under section 60 of the Regulations;
the records management system for the activity required under section 61 of the Regulations;
each plan for that activity required under Division 3 of Part 4 of the Regulations (plans for particular facility activities);
each plan or arrangements for the activity required under Division 4 of Part 4 of the Regulations (plans or arrangements for particular material activities).

Subsection 68(2) prescribes the condition that, in accordance with subsection 68(3) of the Regulations, the licence holder must:

audit the implementation of the system, arrangements or plan; and
review the appropriateness and effectiveness of the system, arrangements or plan.

Subsection 68(3) provides that the audit and review must be undertaken:

every 12 month period during which the licence is in force for a plan mentioned in paragraphs 61(1)(f), (i), or (j) of the Regulations;
in any other case, each period of 3 years during which the licence is in force.

Those periods commence beginning on the day the licence is issued.

The first note under paragraph 68(3)(b) provides that the plans referenced in paragraphs 60(1)(f), (i), and (j) are the radiation protection plan, the emergency management plan, the emergency management and response plan and the environmental protection plan.

The second note under paragraph 68(3)(b) provides that the calculation of the period mentioned in paragraph 68(3)(a) or (b) is not to include periods during which the licence is suspended and refers the reader to subsection 52(3) of the Regulations.

Subsection 68(4) prescribes that the licence holder must cause an audit and review to be completed within 3 months after the end of the period to which the audit and review relates.

Subsection 68(5) prescribes that the licence holder must provide the report to the Regulator with the outcomes of the audit and review within 14 days after the completion of the audit and review. The report on the outcomes of the audit and review must include details of:

the assessment of the implementation of the system, arrangements or plan; and
the assessment of the appropriateness and effectiveness of the system, arrangements or plan; and
how any identified deficiencies were, or were proposed to be, rectified.

However, paragraph 68(6)(a) prescribes that if the remaining period of the licence following the periods specified in paragraph 68(3)(a) is 12 months or less, subsections 68(3) to (5) do not apply to the period if, other than paragraph 68(6)(a), paragraph 68(3)(a) would otherwise apply.

Further, paragraph 68(6)(b) prescribes that if the remaining period of the licence, following any periods mentioned in paragraph 68(3)(b) is 3 years or less, subsections 68(3) to (5) do not apply to the period if, other than paragraph 68(6)(b), paragraph 68(3)(b) would otherwise apply.

The note under subsection 68(6) provides that a final report may be required instead and refers the reader to section 67 of the Regulations.

Transitional arrangements

Subsection 68(7) prescribes that if the licence is a transitional licence, then section 68 applies to an audit and review as if:

the reference to the day the licence is issued, is a reference to the day the Act commences; and
a reference to:

a period during which the licence is in force; or
the remaining period of the licence;

were a reference to such periods that occur after the Act commences.

Subdivision D—Conditions relating to dose limits

All dose limit conditions align with the dose limits and thresholds that are prescribed by the ARPANSA. This ensures there is consistency across the Australian regulatory landscape in relation to radiation dose measures and alignment with the protection of human health from the possible harmful effects of exposure to ionising radiation.

Section 69 Dose limits

Section 69 prescribes conditions in relation to dose limits.

Subsection 69(1) prescribes a condition applicable to the licence holder and any other person authorised to conduct the regulated activity, that radiation protection relating to the conduct of the regulated activity is optimised:

to achieve the outcome that all of the following are kept as low as reasonably achievable:

the magnitude of individual doses;
the number of people who are exposed;
the likelihood of incurring exposures to ionising radiation and harmful non-ionising radiation; and

in accordance with Subdivision D of Division 2 of Part 4 of the Regulations; and
if the Regulator has specified, as a condition for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act, that other codes or standards for dose limits must be complied with—in accordance with those codes or standards.

If other codes or standards for dose limits are specified as a condition, this will be made clear to the licence holder at the time the condition is applied to the licence.

The first note under subsection 69(1) states that records must be kept and refers the reader to section 61 of the Regulations.

The second and third notes direct the reader to section 76 of the Regulations for details on reporting obligations on dose limits.

Subsection 69(2) prescribes that the licence holder and any other person authorised to conduct the regulated activity, must ensure that exposure (both occupational and public) to harmful non-ionising radiation produced by any NNP equipment or plant in the conduct of the regulated activity is kept as low as reasonably achievable within the applicable dose limits.

The note under subsection 69(2) directs the reader to section 76 of the Regulations for detail on reporting obligations for dose limits.

Section 70 Dose limits—facility activity

Section 70 prescribes a condition for dose limits for facility activities.

Subsection 70(2) prescribes that the licence holder and any other person authorised to conduct the regulated activity, must ensure that the doses a person (whether or not they are an occupationally exposed person) receives from ionising radiation inside or in connection with, the NNP facility, do not exceed the applicable dose limits in sections 72 and 73 of the Regulations.

The note under subsection 70(2) directs the reader to section 76 of the Regulations for details on reporting obligation for dose limits.

Section 71 Dose limits—activity of having possession or control of NNP material or NNP equipment or plant

Section 71 prescribes the conditions for prescribed dose limits in connection with the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

Subsection 71(2) prescribes that the licence holder and any other person authorised to conduct the regulated activity must ensure that the doses that a person (whether or not they are an occupationally exposed person) is exposed to from ionising radiation from the NNP material or the NNP equipment or plant do not exceed the applicable dose limits prescribed in sections 72 and 74 of the Regulations.

The note under subsection 71(2) directs the reader to section 76 of the Regulations for details on reporting obligations for dose limits.

Section 72 Effective dose limits for ionising radiation

Section 72 prescribes the effective dose limits for ionising radiation for specific groups of people.

The prescribed dose limits were derived from the existing ARPANSA requirements to ensure alignment with national standards regarding the safety of personnel.

Limit for occupational exposure of persons who are at least 18

Subsection 72(1) prescribes the effective dose limit for occupational exposure of persons who are at least 18 years of age to be no greater than 20 mSv annually, averaged over 5 consecutive years.

The effective dose limit in subsection 72(1) is subject to subsections 72(4) and 72(6), which prescribe the dose limits for occupationally exposed persons who have declared to the licence holder that they are pregnant or breastfeeding or who are an emergency worker or helper, respectively. Details of the prescribed limits for those groups of people are below.

Subsection 72(2) qualifies subsection 72(1) and prescribes that for a person who is at least 18 years of age, the effective dose must not exceed 50 mSv over a one-year period. This limit is subject to subsection 72(6) of the Regulations (which is about emergency workers and helpers).

Limit for occupational exposure of persons who are 16 or 17

Subsection 72(3) prescribes the effective dose limit for occupational exposure of persons who are 16 or 17 years of age to be no greater than 6 mSv annually. This effective dose limit is subject to the limit in subsection 72(4) of the Regulations (which is about persons who are declared to be pregnant or breastfeeding).

Limit for occupational exposure of persons declared to be pregnant or breastfeeding

Subsection 72(4) prescribes the effective dose limit for persons who have voluntarily declared to the licence holder that they are pregnant or breastfeeding is no greater than 1 mSv annually.

Limit for public exposure

Subsection 72(5) prescribes that the effective dose limit for public exposure must be no greater than 1 mSv annually. This includes an unborn child. This limit is also subject to the limits prescribed in subsection 72(6) of the Regulations (which is about emergency workers and helpers).

Limit for emergency workers and helpers

Subsection 72(6) prescribes the effective dose limit for exposure of persons who are emergency workers or helpers. The limits are specified in a table in the Regulations and are detailed below.

If an emergency worker undertakes mitigatory actions and urgent protective actions on site during a nuclear or radiological emergency, including lifesaving actions, actions to prevent serious injury and actions to prevent the development of catastrophic conditions that could significantly affect people and the environment, the dose limit is 500 mSv during the nuclear or radiological emergency.

If an emergency worker undertakes mitigatory actions and urgent protective actions on site during a nuclear or radiological emergency to prevent severe tissue reactions (that the worker considers is unlikely to result in serious injury), the dose limit is 50 mSv during the nuclear or radiological emergency.

If an emergency worker or helper undertakes urgent or early protective actions during the emergency response phase of a nuclear or radiological emergency, the dose limit is 50 mSv during the nuclear or radiological emergency.

If an emergency worker undertakes long-term recovery operations during transition or termination phases of a nuclear or radiological emergency and beyond, the dose limit is 20 mSv annually, averaged over 5 consecutive years.

The note under subsection 72(6) directs the reader to subsection 21(2) of the Act for the definition for a nuclear safety incident.

Subsection 72(7) clarifies that an emergency worker, for the purposes of subsection 72(6), includes:

a person authorised to conduct the regulated activity; and
a person employed by the licence holder, either directly or indirectly; and
personnel of a response organisation, such as a police officer, firefighter, medical personnel, and a driver or a crew of a vehicle, which is used for evacuation purposes.

An emergency worker would be able to fall into any of these categories or another category with similar functions.

Section 73 Effective doses

Subsection 73 prescribes the effective doses for a period, which is relevant to the person. This section prescribes the effective dose to ensure the licence holder takes into account the type of radiation that personnel are exposed to, and the radiological sensitivities of the organs and tissues irradiated. The prescribed effective doses were derived from the existing Australian requirements as set by ARPANSA to ensure alignment with national standards regarding the safety of personnel.

Subsection 73(1) prescribes that, for the purposes of section 72 of the Regulations, the effective dose for a period that is relevant to a person under subsection 73(2) is the sum of:

the effective dose that the person received, from a source outside of the person’s body, during the relevant period; and
the person’s committed effective dose, received from intakes during the relevant period, for the next 50 years.

Subsection 73(2) prescribes that the relevant period for a person, for the purposes of subsection 73(1) are:

5 years for an occupationally exposed person; or
1 year for a person who is a member of the public.

Subsection 73(3) prescribes that if the person is under 18 years of age, the committed effective dose must be worked out based on the number of years calculated by subtracting the person’s age, at the time of the calculation, from 70. This displaces paragraph 73(1)(b) of the Regulations for persons under 18 years of age.

Section 74 Annual equivalent dose limit for ionising radiation

Section 74 prescribes the annual equivalent dose limits for ionising radiation. The annual equivalent dose limits for ionising exposure have been prescribed consistently with existing Australian requirements established by ARPANSA. This seeks to ensure alignment with national standards regarding the safety of personnel and the public.

Limit for occupational exposure of the lens of the eye

Subsection 74(1) prescribes that the equivalent dose limit to the lens of the eye for occupational exposure must not be greater than 20 mSv annually, averaged over a period of 5 consecutive years.

Subsection 74(2) prescribes that the equivalent dose limit to the lens of the eye for occupational exposure must not be greater than 50 mSv in a year. This means, for example, that if an occupationally exposed person received an equivalent dose of 50 mSv in 1 year, then the person’s occupational exposure over the following 4 years must correct, or compensate, so that exposure reduces over the following consecutive 4 years to an average of no greater than 20 mSv for a consecutive 5 year period.

Limit for public exposure of the lens of the eye

Subsection 74(3) prescribes that the equivalent dose limit to the lens of the eye for public exposure must not be greater than 15 mSv in a year.

Limit for occupational exposure of hands and feet

Subsection 74(4) prescribes that the annual equivalent dose limit to the hands and feet for occupational exposure must not be greater than 500 mSv.

Limits for occupational exposure and public exposure of skin

Subsection 74(5) prescribes that the annual equivalent dose limit to the skin must not be greater than 500 mSv for occupational exposure and not greater than 50 mSv for public exposure.

Subsection 74(6) prescribes that the annual equivalent dose limit to the skin applies to the average dose received by any 1 cm₂ of skin.

Exception for emergency workers and helpers

Subsection 74(7) prescribes that the annual equivalent dose limit for ionising radiation is subject to subsection 72(6) of the Regulations. This means that the annual equivalent dose limits for ionising radiation in section 74 are not applicable to emergency workers or helpers covered by subsection 72(6) of the Regulations.

Section 75 Occupationally exposed persons

Section 75 prescribes the conditions applicable to licence holders relating to occupationally exposed persons. Section 75 aims to ensure nuclear safety by requiring the identification, assessment and management of occupational exposure and worker health by licence holders. The proper management and review of exposure to ionising radiation would assist in rectifying potential deficiencies and lessons-learnt from recording of dosages.

Subsection 75(1) prescribes that the licence holder must:

identify all occupationally exposed persons (the occupationally exposed persons) who are, or could be, occupationally exposed to ionising radiation or high levels of non-ionising radiation, in relation to the conduct of the regulated activity; and
ensure that each occupationally exposed person’s age, and whether they have declared that they are pregnant or breastfeeding, can be effectively taken into account for the purposes of keeping exposure as low as reasonably achievable within the applicable dose limits; and
provide for a personal radiation monitoring service for each occupationally exposed person; and
record doses received by each occupationally exposed person, which must include the results from the personal radiation monitoring and how the doses were calculated; and
register each occupationally exposed person on the Australian National Radiation Dose Register; and
provide data on doses received by each occupationally exposed person to the Australian National Radiation Dose Register:

at least once every 3 months, during which the licence is in force, beginning on the day the licence was issued; or
if the Regulator has specified a condition for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act that the licence holder must provide the data more frequently, then the data must be provided at least as frequently as the Regulator has specified.

The note under subsection 75(1) states that the calculation of a period mentioned in subparagraph 75(1)(f)(i) is not required to include any periods during which the licence was suspended. The reader is directed to subsection 52(3) of the Regulations.

The storage, management, use and disclosure of information contained in the Australian National Dose Register are in accordance with the provisions of the Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles. The responsible entity (the licence holder) is required to take all necessary measures to comply with the requirements of the Privacy Act and must not disclose any personal information held in the Australian National Dose Register to any recipient unless authorised to do so under Australian law.

Dose record to be provided to occupationally exposed person

Subsection 75(2) prescribes that the licence holder is required to provide a copy of an occupationally exposed person’s dose record to the person:

on an annual basis until the person’s employment or contract is terminated; and
at the termination of the person’s employment or contract; and
at any time requested by the person during the period of the licence.

Audit and review

Subsection 75(3) prescribes that the licence holder must:

for each 12 month period during which the licence is in force (with the first of those periods beginning on the day the licence is issued), audit and review the doses received by occupationally exposed persons during that period for the purposes of optimising radiation protection in relation to the conduct of the regulated activity as required under subsection 69(1) of the Regulations; and
cause the audit and review to be completed within 3 months after the end of the period to which the audit and review relates; and
within 14 days after the completion of the audit and review, provide the Regulator with a report on the outcomes of the review, which includes details of:

the assessment of the doses received; and
how any identified deficiencies in the optimisation of radiation protection were, or are proposed to be, rectified.

The first note under subsection 75(3) notes that the licence holder must receive approval from the Regulator before making any change identified in the review that is significant or may have significant implications for nuclear safety. The note refers the reader to section 55 of the Regulations.

The second note under subsection 75(3) clarifies that the calculation of a period mentioned in paragraph 75(3)(a) is not required to include any periods in which the licence was suspended, referring the reader to subsection 52(3) of the Regulations.

Subsection 75(4) provides that if the remaining period of the licence is 12 months or less, following any periods mentioned in paragraph 75(3)(a), subsection 75(3) does not apply to the period.

The note under subsection 75(4) provides that a final report may be required instead under section 67 of the Regulations.

Transitional arrangements

Under subsection 75(5), if the licence is a transitional licence, section 75 applies as if:

the reference to the day the licence is issued were a reference to the day the Act commences; and
a reference to:

a period in which the licence is in force; or
the remaining period of the licence;

were a reference to such periods that occur after the Act commences.

Section 76 Reporting—increases in radiation exposure

Section 76 prescribes the reporting conditions applicable to the licence holder or person authorised to conduct the regulated activity in relation to increases in exposure to radiation. Reporting seeks to ensure that any personnel conducting a regulated activity, who are exposed to greater levels of radiation, are assisted as necessary. The reporting conditions support the Regulator to have the necessary oversight of regulated activities where operations of the licence holder are changed with the intention to reduce the level of radiation exposure. This intends to support the licence holder in meeting their nuclear safety duties in relation to persons exposed to radiation in the conduct of the regulated activity.

Under subsection 76(1), the conditions in subsection 76(2) apply to the licence holder or any other person authorised to conduct the regulated activity, if they become aware of any moderate or significant increase in the magnitude of individual doses or in the number of people who are exposed:

in relation to the conduct of the regulated activity; or
from any NNP material or NNP equipment or plant that are involved in the conduct of the regulated activity.

What constitutes a ‘significant’ or ‘moderate’ increase will be person and context-specific. Dosing limits are addressed in Subdivision D of Division 2 of Part 4 of the Regulations, with different dosing limits prescribed for different persons, parts of the body and contexts.

Whether an increase in the magnitude of an individual dose is ‘significant’ or ‘moderate’ will therefore depend on the circumstances. The concept of ‘magnitude of individual dose’ is well understood in the nuclear industry, and has that accepted meaning in the Regulations. Whether an increase in the number of people exposed is ‘significant’ or ‘moderate’ will also depend on the circumstances of a particular site and regulated activity and is intended to act as an indicator to the licence holder and the Regulator that the circumstances must be assessed.

Subsection 76(2) prescribes that the licence holder and any other person must report the increase to the Regulator immediately after becoming aware of a significant increase in radiation exposure, or within 24 hours after becoming aware of a moderate increase in radiation exposure.

The intention of subsection 76(2) is for the licence holder to report any ‘significant’ and ‘moderate’ increases in the magnitude of individual doses or in the number of people exposed during the regulated activity. This ensures that the increase in exposure is reported to and assessed by the Regulator, while also allowing practices to be considered in relation to nuclear safety. The licence holder will also have plans in place to deal with potential increases based on the regulated activities they are authorised to conduct and the categories of people involved.

Subsection 76(3) prescribes that if the significant increase involves:

a person (whether or not an occupationally exposed person) being exposed to doses of a magnitude that breached a condition in section 70 or 71 of the Regulations that applies to the licence holder or the other authorised person; or
any other breach of a condition relating to dose limits that applies to the licence holder or the other authorised person;

the licence holder or any other person authorised to conduct the regulated activity, must also report that fact under subsection 76(2).

Division 3—Additional conditions applying to licence authorising facility activity

Division 3 of Part 4 of the Regulations prescribes the conditions that apply only to licences authorising facility activities or a particular kind of facility activity (which could relate to the licence holder only or the licence holder and other persons authorised by the licence).

Section 77 Additional conditions for any kind of facility activity—risk levels and activity levels

Section 77 prescribes conditions applicable if the regulated activity authorised by the licence is any kind of facility activity. The conditions seek to ensure that the licence holder maintains a current description of the nuclear safety risk and applies consideration for the safety of personnel and the environment as the utmost priority during operations under the regulated activity of their licence.

Subsection 77(2) prescribes that the licence holder must maintain a current description of the level of nuclear safety risk posed by the regulated activity. The description must have regard to the matters mentioned in paragraph 24(3)(b) of the Regulations.

The note under subsection 77(2) provides that records must be kept, referring the reader to section 61 of the Regulations.

Subsection 77(3) prescribes that the licence holder must measure and record the activity levels of the NNP facility.

The note under subsection 77(3) provides that records must be kept, referring the reader to section 61 of the Regulations.

Section 78 Additional conditions for any kind of facility activity—sale, transfer or abandonment of a site, NNP facility or proposed NNP facility

Section 78 seeks to ensure that there is always a licenced person that is responsible for the site, NNP facility or proposed NNP facility with the licence being the mechanism that invokes the nuclear safety duties. The intention of this provision is for nuclear safety duties to remain applicable to activities at the site, facility or proposed facility, if the activities would be or, are intended to be, regulated activities.

Section 78 applies if the regulated activity authorised by the licence is a facility activity.

Sale or transfer by licence holder

Subsection 78(2) prescribes that the licence holder must notify the Regulator of any proposed sale or transfer of the site of the NNP facility or proposed facility, or the NNP facility or proposed NNP facility, prior to any sale or transfer.

Subsection 78(3) prescribes that the licence holder may only sell or transfer the site of the NNP facility or proposed NNP facility, or the NNP facility or proposed NNP facility, to a Commonwealth-related person that holds a licence authorising the conduct of the facility activity involving the site, NNP facility or proposed NNP facility.

Site, facility or proposed facility not to be abandoned

Subsection 78(4) prescribes that the licence holder must not abandon the site of the NNP facility or proposed NNP facility, or the NNP facility or proposed NNP facility.

The term ‘abandoned’ has its ordinary meaning. In the nuclear safety context, this condition ensures that licence holders cannot cease to control the site of an NNP facility or proposed NNP facility or an NNP facility or proposed facility without proper decommissioning or transferring responsibility to another licence holder. The intention is to capture and prevent the action of deserting sites or facilities in which regulated activities relating to nuclear and radiological activities were undertaken without care and protection and to ensure a continuing obligation on the licence holder for ongoing care and protection of the site.

An example could be where an operator abandons a site, whether due to financial loss or other reason, and fails to maintain a presence or to provide the necessary maintenance and protections on an ongoing basis. The use of the term ‘not abandoned’ is meant to prevent this occurring in relation to regulated activities to ensure facilities continue to be maintained, monitored and controlled to ensure ongoing safety and prevent damage to the environment.

No sale or transfer by person authorised under licence

Subsection 78(5) prescribes a condition that applies to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity, that the other authorised person must not sell or transfer the site of the NNP facility or proposed NNP facility, or the NNP facility or proposed NNP facility.

Section 79 Additional conditions—activity of preparing a site for an NNP facility in a designated zone

Section 79 prescribes the conditions applicable to a licence holder for the activity of preparing a site for an NNP facility in a designated zone.

Plan for preparing the site

Subsection 79(2) prescribes that the regulated activity must, so far as reasonably practicable, be conducted in accordance with the plan for preparing the site for the proposed NNP facility.

Subsection 79(3) prescribes that the plan for preparing the site must ensure nuclear safety during the preparation of the site.

The note under subsection 79(3) clarifies that subsection 79(3) does not limit what the licence holder may choose to otherwise deal with in the plan for the preparing the site.

Subsection 79(4) prescribes that the licence holder must ensure that the plan for preparing the site is effectively implemented and maintained throughout the period of the licence.

The note under subsection 79(4) notes the 3-year audit and review requirement for the plan, which is required under section 68 of the Regulations.

Transitional arrangements

Subsection 79(5) provides that if the licence is a transitional licence:

on the day the Act commences, the licence holder is required to provide information and documents that describe and document the plan for preparing the site for the facility to the Regulator; and
on the day that is 6 months after the commencement of the Act, the licence holder is required to provide a preliminary decommissioning plan for the proposed NNP facility to the Regulator.

Section 80 Additional conditions—activity of constructing an NNP facility in a designated zone

Section 80 provides the conditions applicable to the licence holder for the facility activity of constructing an NNP facility in a designated zone.

Design of the proposed NNP facility (construction)

Subsection 80(2) prescribes that the regulated activity must be conducted in accordance with the design of the proposed facility (that ensures nuclear safety of the facility and its proposed operation), as that design was proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

in accordance with section 55 of the Regulations; or
to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

Construction plan

Subsection 80(3) prescribes that the regulated activity must, so far as reasonably practicable, be conducted in accordance with the construction plan for the facility.

Subsection 80(4) prescribes that the construction plan must ensure nuclear safety during the construction of the facility.

The note under subsection 80(4) clarifies that subsection 80(4) does not limit what the licence holder may choose to otherwise deal with in the plan.

Subsection 80(5) prescribes that the licence holder must ensure that the construction plan is effectively implemented and maintained throughout the period of the licence.

This condition seeks to ensure that the approved construction plan is followed during the construction, subject to any permitted changes to that plan.

The note under subsection 80(5) notes the 3-year audit and review requirements under section 68 of the Regulations.

Construction of items important for nuclear safety

Subsection 80(6) prescribes a condition on both the licence holder and any other person authorised to conduct the regulated activity, that the licence holder or other person must not, as part of the construction of the facility, construct an item that is important for nuclear safety unless approval has been obtained from the Regulator to construct the item.

The term ‘nuclear safety’ is defined in the Act (section 5). The remainder of the phrase takes its ordinary meaning. The intention is to draw on the ordinary meaning of ‘important’ to assess what is necessary or of great value for nuclear safety in relation to the unique circumstances of a specific regulated activity.

This may include, but is not limited to, consideration of the safety system of the regulated activity and classifying the severity of the implications of a failure of an item of the system, in order to determine the levels of ‘importance’, for nuclear safety, of the relevant item. An example of an item that would be ‘important’ for nuclear safety in relation to a facility is a containment system for the facility that enables a licence holder to ensure that radiological material is contained inside the facility.

The licence holder in this instance would notify the Regulator of the schedule for construction/installation of this item and provide sufficient information and documentation to satisfy the Regulator and seek approval for the item’s construction.

Permit to establish facility

Subsection 80(7) prescribes a condition applying to the licence holder, that a permit to establish the facility provided under the Nuclear Non-Proliferation (Safeguards) Act 1987, must be provided to the Regulator prior to the commencement of establishing the facility if the permit was not previously provided to the Regulator under section 16 of the Regulations.

Transitional arrangements

Subsection 80(8) provides that if the licence is a transitional licence:

the licence holder must on the day the Act commences, provide the following to the Regulator:

information and documents that describe and document the construction plan for the facility;
the design of the proposed NNP facility that ensures nuclear safety of the facility and its proposed operation, as in effect immediately before the day the Act commences; and

subsection 80(7) applies as if the reference to the licence holder providing the permit to the Regulator before conducting the activity were a reference to providing the permit to the Regulator on the day that the Act commences; and
on the day that is 6 months after the commencement of the Act, the licence holder must provide a preliminary decommissioning plan for the proposed NNP facility to the Regulator.

Section 81 Additional conditions—activity of having possession or control of an NNP facility in a designated zone

Section 81 prescribes conditions applying to the licence holder if the licence authorises the facility activity of having possession or control of an NNP facility in a designated zone. This condition requires the licence holder to engage in conduct to optimise protection and to keep exposure as low as reasonably achievable.

Possession or control period plan

Subsection 81(2) prescribes that so far as reasonably practicable, the regulated activity must be conducted in accordance with the possession or control period plan for the facility.

Subsection 81(3) prescribes that the possession or control period plan must ensure nuclear safety for the duration of the possession or control period.

The note under subsection 81(3) clarifies that the subsection does not limit what the licence holder may choose to otherwise deal with in the plan.

Subsection 81(4) prescribes that the licence holder must ensure that the possession or control period plan is effectively implemented and maintained throughout the period of the licence.

The note under subsection 81(4) reminds readers that the plan must be audited and reviewed every 3 years, and refers to section 68 of the Regulations.

What must occur before any NNP facility or NNP equipment or plant is tested or operated

Subsection 81(5) prescribes that the licence holder must ensure that no NNP facility or NNP equipment or plant involved in the conduct of the activity is tested or operated unless:

effective safety mechanisms, devices or circuits are connected to the facility or equipment or plant to prevent or mitigate any nuclear safety hazards or risks and those mechanisms, devices or circuits are in good working order; and
if the Regulator requests the licence holder to demonstrate that the above has been complied with before the testing or operation occurred—the licence holder must provide the Regulator with information or documents to demonstrate that compliance.

Transitional arrangements

Subsection 81(6) provides that if the licence is a transitional licence:

on the day that the Act commences, the licence holder must provide information and documents that describe and document the possession or control period plan for the facility to the Regulator; and
on the day that is 6 months after the commencement of the Act, the licence holder must provide the following to the Regulator:

if a licence which authorised the operation of the facility has never been issued under the ARPANS Act, then a preliminary operational plan for the NNP facility;
a preliminary decommissioning plan for the NNP facility;
a preliminary disposal plan for the NNP facility.

Section 82 Additional conditions—activity of operating an NNP facility in a designated zone

Section 82 applies if the regulated activity authorised by the licence is the facility activity of operating an NNP facility in a designated zone.

Commissioning plan

Subsection 82(2) prescribes that, so far as reasonably practicable, the regulated activity must be conducted in accordance with the commissioning plan for the facility.

Subsection 82(3) prescribes that the commissioning plan must ensure nuclear safety during the commissioning of the facility.

The note under subsection 82(3) clarifies that the subsection does not limit what the licence holder may choose to otherwise deal with in the plan.

Operational plan

Subsection 82(4) prescribes that, so far as reasonably practicable, the regulated activity must be conducted in accordance with the operational plan for the facility.

Subsection 82(5) prescribes that the operational plan must ensure nuclear safety during the operation of the facility.

The note under subsection 82(5) clarifies that the subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Plans must be implemented and maintained

Subsection 82(6) prescribes that the licence holder must ensure that the commissioning plan and the operational plan are effectively implemented and maintained throughout the period of the licence.

The note under subsection 82(6) notes the 3-year auditing and review conditions under section 68 of the Regulations.

Transitional arrangements

Subsection 82(7) provides that if the licence is a transitional licence:

on the day the Act commences, the licence holder must provide information and documents that describe and document the commissioning plan for the facility to the Regulator; and
on the day that is 6 months after the commencement of the Act, the licence holder must provide the following to the Regulator:

a preliminary decommissioning plan for the NNP facility; and
a preliminary disposal plan for the NNP facility.

Section 83 Additional conditions—activity of decommissioning an NNP facility in a designated zone

Section 83 applies if the regulated activity that is authorised by the licence is the facility activity of decommissioning an NNP facility in a designated zone.

The conditions under this section require the licence holders to appropriately consider and prioritise nuclear safety when decommissioning an NNP facility in a designated zone through implementation of the decommissioning plan to reach end state criteria. The proper achievement of the decommissioning plan ensures the safety of current and future generations of people and the environment.

Decommissioning plan

Subsection 83(2) prescribes that, so far as reasonably practicable, the regulated activity must be conducted in accordance with the decommissioning plan for the facility.

Subsection 83(3) prescribes that the decommissioning plan must ensure nuclear safety during and after the decommissioning of the facility.

The note under subsection 83(3) clarifies that the subsection does not limit what the licence holder may choose to otherwise deal with in the decommissioning plan.

Subsection 83(4) prescribes that the licence holder must ensure that the decommissioning plan is effectively implemented and maintained throughout the period of the licence.

The note under subsection 83(4) notes the 3-year audit and review requirements under section 68 of the Regulations.

Transitional arrangements

Subsection 83(5) provides that if the licence is a transitional licence:

on the day the Act commences, the licence holder must provide information and documents that describe and document the decommissioning plan for the facility to the Regulator; and
on the day that is 6 months after the commencement of the Act, the licence holder must provide a preliminary disposal plan for the NNP facility to the Regulator.

Section 84 Additional conditions—activity of disposing of an NNP facility in a designated zone

Section 84 applies if the regulated activity that is authorised by the licence is for a facility activity of disposing of an NNP facility in a designated zone.

The conditions in section 84 seek to ensure that licence holders appropriately consider and prioritise nuclear safety when disposing of an NNP facility in a designated zone through the implementation of the proper post-disposal measures to ensure long-term nuclear safety. This provision aims to ensure that once the facility is disposed of that there is no negative radiological impact on people and the environment.

Disposal plan

Subsection 84(2) prescribes that, so far as reasonably practicable, the regulated activity must be conducted in accordance with the disposal plan for the facility.

Subsection 84(3) prescribes that the disposal plan must ensure nuclear safety during and after the disposal of the facility.

The note under subsection 84(3) clarifies that the subsection does not limit what the licence holder can otherwise choose to deal with in the disposal plan.

Subsection 84(4) prescribes that the licence holder must ensure that the disposal plan is effectively implemented and maintained throughout the licence period.

The note proceeding subsection 84(4) clarifies that the plan must be audited and reviewed every 3 years and refers the reader to section 68 of the Regulations.

Final disposal and post closure report

Subsection 84(5) prescribes a condition that the licence holder must provide to the Regulator a final disposal and post closure report by the day that is 28 days after the later of:

the completion of the final actions to be taken under the disposal plan; or
the issuing by a Commonwealth, State or Territory agency of a notice of the agency’s decision in relation to an environmental impact assessment that has been undertaken, if such an assessment of the site is required under a Commonwealth, State or Territory law after the disposal of the NNP facility.

Subsection 84(6) prescribes the condition that the final disposal and post closure report must include a copy of the notice of the decision mentioned in paragraph 84(5)(b) of the Regulations, if applicable.

Transitional arrangements

Subsection 84(7) prescribes the condition that if the licence is a transitional licence, on the day the Act commences, the licence holder must provide information and documents that describe and document the disposal plan for the facility to the Regulator.

Section 85 Additional conditions—general requirements for plans under this Division

Section 85 applies in relation to each plan for the regulated activity required under Division 3 of Part 4 of the Regulations.

The conditions provided under Division 3 are prescribed with the intention to ensure that licence holders conduct regulated activities in line with plans that are approved by the Regulator. The aim of this is to require licence holders to prioritise nuclear safety.

Subsection 85(2) prescribes that any plan required by Division 3 of Part 4 of the Regulations must be as proposed at the time that the decision was made to issue the licence, as changed from time to time by the licence holder, either:

in accordance with section 55 of the Regulations; or
to comply with a condition that has been specified by the Regulator for the purposes of subsection 34(2) of the Act.

Transitional arrangements

Subsection 85(3) provides that if the licence is a transitional licence, the condition in subsection 85(2) applies as if the reference to the plan as proposed at the time of the decision to issue the licence were a reference to the plan as described and documented in the information and documents that the licence holder provided to the Regulator on the day the Act commences.

The note under subsection 85(3) directs the reader to subsections 79(5), 80(8), 81(6), 82(7), 83(5), and 84(7) of the Regulations.

Division 4—Additional conditions applying to licence authorising material activity

Division 4 of Part 4 of the Regulations prescribes the conditions that apply only to licences authorising material activities or a particular kind of material activity. The conditions could relate to the licence holder only or the licence holder and other persons authorised by the licence.

Section 86 Additional conditions for any kind of material activity—maintaining inventory, information and documents

Section 86 applies if the regulated activity authorised by the licence is any material activity.

Subsection 86(2) prescribes that the licence holder must maintain a current inventory of any NNP material and NNP equipment or plant involved in the activity. The licence holder must also keep the information and documents, which are specified in column 2 of table in subsection 31(3) of the Regulations, up-to-date for any such NNP material and NNP equipment or plant mentioned in the table.

The note under subsection 86(2) reminds readers that records must be kept and refers to section 61 of the Regulations.

Transitional arrangements

Subsection 86(3) prescribes the condition that if a licence is a transitional licence, the licence holder must, on the day the Act commences, provide to the Regulator the information and documents specified in column 2 of the table in subsection 31(3) of the Regulations, for any NNP material and NNP equipment or plant involved in the activity.

The conditions to maintain an inventory, information and documents mean that NNP material and NNP equipment or plant is reconciled by the licence holder throughout the conduct of any material activity. This practice supports nuclear safety.

Section 87 Additional conditions for any kind of material activity—storing, managing and handling NNP material or NNP equipment or plant

Section 87 applies if the regulated activity authorised by the licence is any material activity.

Subsection 87(2) prescribes the condition that the regulated activity must be conducted in accordance with the arrangements for storing, managing and handling of any NNP material or NNP equipment or plant involved in the conduct of the activity.

Subsection 87(3) prescribes the condition that the arrangements must be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

in accordance with section 55 of the Regulations; or
to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

Subsection 87(4) prescribes the condition that the licence holder must ensure that the arrangements are effectively implemented and maintained throughout the period of the licence.

The note under subsection 87(4) provides that the arrangements must be audited and reviewed every 3 years, in accordance with section 68 of the Regulations.

The conditions in section 87 aim to ensure that the storage, management and handling of NNP material or NNP equipment or plant is conducted in accordance with the arrangements that were approved by the Regulator, throughout the period of the licence.

Section 88 Additional conditions for any kind of material activity—field exercises

Section 88 applies if the regulated activity authorised by the licence is any material activity.

Paragraph 88(2)(a) provides a condition that the licence holder must ensure that a field exercise is conducted every 2 years during the period the licence is in force (beginning on the day the licence is issued), for the purpose of testing the emergency management and response plan for the activity.

Paragraph 88(2)(b) provides a condition that if the results of the field exercise indicate that the emergency management and response plan, or any other system, arrangements or plan mentioned in section 60 of the Regulations need to be changed, the licence holder must proceed to change the system, arrangements or plan in accordance with section 55 of the Regulations.

The note proceeding subsection 88(2) explains that the calculation of a period mentioned in paragraph 88(2)(a) does not include any periods during which the licence was suspended. The reader is directed to subsection 52(3) of the Regulations.

Section 89 Additional conditions for any kind of material activity—transport or movement of naval nuclear propulsion plant

Section 89 applies if the regulated activity authorised by the licence is any material activity and the activity includes either the movement within a designated zone of naval nuclear propulsion plant or the transport of naval nuclear propulsion plant into, or out of, a designated zone, other than on an operational AUKUS submarine.

Subsection 89(2) prescribes that prior to a particular movement or transport of naval nuclear propulsion plant, the licence holder must submit to the Regulator a plan and arrangements for the particular movement or transport and obtain the approval of the Regulator for the plan and arrangements and the movement or transport.

Subsection 87(3) prescribes that the movement or transport of naval nuclear propulsion plant must be conducted in accordance with the plan and arrangements as approved by the Regulator.

The conditions in section 89 aim to ensure that the naval nuclear propulsion plant is approved for safe movement within the designated zone. The conditions intend to ensure that proper planning occurs before any movement or transport, including through identifying and managing potential risks and hazards being moved or transported into, out of, and around the designated zone.

Section 90 Additional conditions for any kind of material activity—transport of NNP material and NNP equipment or plant only as approved

Section 90 applies if the regulated activity that is authorised by the licence is any material activity and that activity includes the transport into, or out of, a designated zone of NNP material or NNP equipment or plant, not covered by section 89 of the Regulations, other than on an operational AUKUS submarine.

Subsection 90(2) prescribes that the licence holder must obtain the approval of the Regulator for the transport of the NNP material or NNP equipment or plant before it is transported into, or out of, the designated zone.

The note under subsection 90(2) states that the transport must also be conducted in accordance with the transport management plan for the activity, and directs the reader to section 91 of the Regulations.

The conditions in section 90 aim to ensure that the transport of NNP material, or NNP equipment or plant (that is not covered by section 89 and not on an operational AUKUS submarine) is approved for safe transport. The conditions intend to ensure that proper planning occurs before any transport, including through identifying and managing potential risks and hazards.

Section 91 Additional conditions for any kind of material activity—transport management and movement plans

Section 91 applies if the regulated activity that is authorised by the licence is any material activity. In accordance with subsection 91(2), the section does not apply to naval nuclear propulsion plant, as that is dealt with in section 89 of the Regulations. The conditions under section 91 seek to ensure the effective implementation and maintenance of the licence holder’s transport management and movement plans and the safe transport and movement of NNP material or NNP equipment or plant throughout the period of the licence.

Transport management plan

Subsection 91(3) prescribes that, so far as reasonably practicable, the regulated activity must be conducted in accordance with the transport management plan for transporting NNP material or NNP equipment or plant into, or out of, a designated zone for the activity.

The first note under subsection 91(3) notes that NNP material or NNP equipment or plant (other than naval nuclear propulsion plant), may only be transported into, or out of, the designated zone in which the activity is conducted with the Regulator’s approval. The reader is directed to section 90 of the Regulations.

The second note states that the transport of naval nuclear propulsion plant requires a specific plan, arrangements and the approval of the Regulator. The note directs the reader to section 89 of the Regulations.

Subsection 91(4) prescribes that the transport management plan must ensure nuclear safety during, and the control of, the transport of NNP material or NNP equipment or plant into, or out of, the designated zone in which the regulated activity is conducted.

The note under subsection 91(4) provides that the provision does not limit what the licence holder may otherwise choose to deal with in the transport management plan.

Movement plan

Subsection 91(5) prescribes that, so far as reasonably practicable, the regulated activity must be conducted in compliance with the movement plan for moving NNP material or NNP equipment or plant within a designated zone.

The note under subsection 91(5) provides that the movement of naval nuclear propulsion plant requires a specific plan, arrangements and the approval of the Regulator and directs the reader to section 89 of the Regulations.

Subsection 91(6) prescribes the condition that the movement plan must ensure nuclear safety during, and control of, the movement of NNP material or NNP equipment or plant within the designated zone in which the regulated activity is conducted.

The note under subsection 91(6) provides that the subsection does not limit what the licence holder may choose to deal with in the movement plan.

Other requirements for plans

Subsection 91(7) prescribes the condition that the licence holder must ensure that the transport management plan and the movement plan are effectively implemented and maintained throughout the period of the licence.

The note under subsection 91(7) flags the 3-year audit and review requirement under section 68 of the Regulations.

Transitional arrangements

Subsection 91(8) prescribes that if the licence is a transitional licence, on the day on which the Act commences, the licence holder must provide the Regulator with information and documents that describe the transport management plan and the movement plan for the activity.

Section 92 Additional conditions for activity of having possession or control of NNP material or NNP equipment of plant—sale, transfer or abandonment

Section 92 applies if the regulated activity authorised by the licence is the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

Sale or transfer by licence holder

Subsection 92(2) prescribes that the licence holder must obtain approval from the Regulator for the sale or transfer of naval nuclear propulsion plant before it is sold or transferred.

Subsection 92(3) prescribes that the licence holder must notify the Regulator of the proposed sale or transfer of NNP material, or NNP equipment or plant, not covered by subsection 92(2), before it is sold or transferred.

The intention of this is to ensure that the Regulator is notified of any proposed sale, or transfer of the NNP material or NNP equipment or plant or proposed NNP material or NNP equipment or plant. The intention is also to provide an awareness to the Regulator of where all material that would be material activities are and who has the nuclear safety duties in relation to them.

Subsection 92(4) prescribes that the licence holder must not sell or transfer the NNP material or NNP equipment or plant, which is not covered by subsection 92(2), other than to a Commonwealth-related person that holds a licence authorising the conduct of a material activity involving the NNP material or NNP equipment or plant.

Material, equipment or plant not to be abandoned

Subsection 92(5) prescribes that the licence holder must not abandon the NNP material or NNP equipment or plant.

This provision, and subsection 92(4), aim to ensure that there is always a licence holder for the NNP material or NNP equipment or plant or proposed NNP material or NNP equipment or plant.

Subsection 92(5) provides that it is a condition that the NNP material, equipment or plant is ‘not abandoned’. The term ‘abandoned’ has its ordinary meaning.

In the nuclear safety context, this condition ensures that licence holders cannot cease to control licensed materials, equipment or plant without proper decommissioning or transferring responsibility to another licence holder, similar to the situation with NNP facilities discussed under subsection 78(4) above. The intention is to capture the action of deserting materials, equipment or plant, without care and protection and to ensure a continuing obligation on the licence holder.

No sale or transfer by person authorised under licence

Under subsection 92(6), it is a condition on both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that the other authorised person must not sell or transfer the NNP material or NNP equipment or plant.

The conditions under section 92 intend to ensure that NNP material or NNP equipment or plant or proposed NNP material or NNP equipment or plant have continuous regulatory oversight and control by an authorised Commonwealth-related person. This allows nuclear safety duties to remain applicable to the activity. Section 92 also ensures that there is always a licenced person that is responsible for the NNP material, NNP equipment or plant or proposed NNP material or NNP equipment or plant with the licence being the mechanism that invokes the nuclear safety duties.

Section 93 Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—plan for possession or control

Section 93 applies if the regulated activity that is authorised by the licence is the material activity of having the possession or control of NNP material or NNP equipment or plant in a designated zone.

The conditions in section 93 require the effective implementation and maintenance of the licence holder’s plan. The plan must have been made in anticipation of the process of safe possession or control of NNP material or NNP equipment or plant throughout the period of the licence.

Subsection 93(2) prescribes a condition that the regulated activity must, so far as reasonably practicable, be conducted in accordance with the plan for possession or control of the NNP material or NNP equipment or plant.

Subsection 93(3) prescribes a condition that the plan for possession or control of NNP material or NNP equipment or plant must ensure nuclear safety during the conduct of the regulated activity.

The note under subsection 93(3) clarifies that the subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Subsection 93(4) prescribes a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

The note under subsection 93(4) explains that the plan must be audited and reviewed every 3 years and directs the reader to section 68 of the Regulations.

Section 94 Additional conditions—activity of using NNP material in a designated zone

Section 94 applies if the regulated activity that is authorised by the licence is the material activity of using NNP material within the designated zone.

The conditions under section 94 require the effective implementation and maintenance of the licence holder’s plan. The plan must have been made in anticipation of the process of safe use of NNP material throughout the period of the licence.

Subsection 94(2) provides a condition that the regulated activity must, so far as reasonably practicable, be conducted in accordance with the plan for using NNP material.

Subsection 94(3) provides a condition that the plan for using NNP material must ensure nuclear safety during the conduct of the regulated activity.

The note under subsection 94(3) clarifies that the subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Subsection 94(4) provides a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

The note under subsection 94(4) explains that the plan must be audited and reviewed every 3 years and directs the reader to section 68 of the Regulations.

Section 95 Additional conditions—activity of using or operating NNP equipment or plant in a designated zone

Section 95 applies if the regulated activity that is authorised by the licence is the material activity of using or operating NNP equipment or plant in a designated zone.

The conditions under section 95 require the effective implementation and maintenance of the licence holder’s plan. The plan must have been made in anticipation of the process of safe use or operation of NNP equipment or plant throughout the period of the licence.

Subsection 95(2) provides a condition that the regulated activity must, so far as reasonably practicable, be conducted in accordance with the plan for using or operating NNP equipment or plant.

Subsection 95(3) provides a condition that the plan for using or operating NNP equipment or plant must ensure nuclear safety during the conduct of the regulated activity.

The note under subsection 95(3) clarifies that the subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Subsection 95(4) provides a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

The note under subsection 95(4) explains that the plan must be audited and reviewed every 3 years and directs the reader to section 68 of the Regulations.

Section 96 Additional conditions—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

Section 96 applies if the regulated activity that is authorised by the licence is the material activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone.

The conditions under section 96 require the effective implementation and maintenance of the licence holder’s plan. The plan must have been made in anticipation of the process of safe conduct of the regulated activity throughout the period of the licence.

Subsection 96(2) provides a condition that the regulated activity must, so far as reasonably practicable, be conducted in accordance with the plan for maintaining, storing or disposing of NNP material or NNP equipment or plant.

Subsection 96(3) provides a condition that the plan for maintaining, storing or disposing of NNP material or NNP equipment or plant must ensure nuclear safety during the conduct of the regulated activity.

The note under subsection 96(3) clarifies that the subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Subsection 96(4) provides that it is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

The note under subsection 96(4) explains that the plan must be audited and reviewed every 3 years and directs the reader to section 68 of the Regulations.

Section 97 Additional conditions—general requirements for certain plans required under this Division

Section 97 applies in relation to each plan for the regulated activity required under Division 4 of Part 4 of the Regulations, other than a plan required under section 89 of the Regulations (which relates to transport or movement of nuclear propulsion plant).

Subsection 97(2) provides a condition that the plan must be as proposed at the time of making the decision to issue a licence, as changed from time to time by the licence holder:

in accordance with section 55 of the Regulations; or
to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

Transitional arrangements

Under subsection 97(3), if the licence is a transitional licence, subsection 97(2) applies as if the reference to the plan as proposed at the time of the decision to issue the licence, were a reference to the plan as described and documented in the information and documents provided to the Regulator on the day that the Act commences.

The note under subsection 97(3) directs the reader to subsection 91(8) of the Regulations for the requirements to provide such information and documents.

Division 5—Additional conditions applying to transitional licences

Division 5 of Part 4 of the Regulations prescribes the conditions that apply only to licences that are transitional licences. These could relate to the licence holder only.

Section 98 Preliminary

Subsection 98(1) provides that Division 5 of Part 4 of the Regulations applies to a licence that is a transitional licence authorising any kind of regulated activity.

Subsection 98(2) provides the definition of ARPANS licence as used in Division 5 of Part 4 of the Regulations. The meaning of ARPANS licence, in relation to a transitional licence, means a licence issued under section 32 or 33 of the ARPANS Act that, on and after, the commencement of the Transitional Provisions Act, is a transitional licence

The note under subsection 98(2) provides that a transitional licence has effect as if it were an Australian naval nuclear power safety licence issued under the Act due to the Transitional Provisions Act, as defined in section 4 of the Regulations. The note directs the reader to the definition of transitional licence in section 4 of the Regulations.

Section 99 Additional conditions—information and documents relating to application for ARPANS licence

Subsection 99(1) provides that if a licence is a transitional licence, within 28 days after the commencement of the Act, the licence holder must provide to the Regulator all information and documents that were provided by the applicant, to ARPANSA, in relation to the application for the ARPANS licence.

Subsection 99(2) provides that for the purposes of subsection 99(1), the information and documents provided in relation to the application for the ARPANS licence include the following:

information and documents included in, or which accompanied the application; and
information and documents provided in response to a request by the CEO of ARPANSA that the applicant provide the information or documents.

The note under subsection 99(2) refers the reader to sections 46 and 47 of the ARPANS Regulations for information and documents that the application must include or that may be requested by the CEO of ARPANSA.

Section 100 Additional conditions—enforcement actions relating to ARPANS licence

Section 100 provides a condition that, within 28 days after the commencement of the Act, the licence holder for the transitional licence must notify the Regulator, and (if relevant) provide a copy to the Regulator, of the following:

any improvement notices that were issued in relation to the ARPANS licence under section 80A of the ARPANS Act;
any directions that were given under section 41 of the ARPANS Act to a person covered by the ARPANS licence and that relate to an ARPANS licence;
any injunctions that were granted under section 43 of the ARPANS Act in relation to a person covered by the ARPANS licence and that relate to the ARPANS licence;
any suspensions of the ARPANS licence that were made under section 38 of the ARPANS Act;
any of the following amendments to the ARPANS licence that were made under section 36 of the ARPANS Act:

imposing additional licence conditions or varying conditions that were imposed by the CEO of ARPANSA;
reducing the authority granted by the licence;

any matter relating to the ARPANS licence that was the subject of a recommendation to the Director of Public Prosecutions.

The intent of this provision is to ensure that the Regulator is aware of all matters related to the licence being transferred and the behaviour of the licence holder prior to the licence becoming a transitional licence. The licence holder is only obligated to notify if an activity referenced in paragraphs 100(a) to (f) applied to their transitional licence when it was an ARPANS licence.

Section 101 Additional conditions—information and documents relating to ARPANS licence on request

Subsection 101(1) provides the condition that the licence holder for a transitional licence must, within the period specified by the Regulator, provide any information or documents requested by the Regulator relating to the ARPANS licence that is necessary to assist the Regulator to perform any of the Regulator’s functions to ensure nuclear safety.

Subsection 101(2) provides, without limiting subsection 101(1), that the information or documents may relate to, or be in addition to, other information or documents provided to the Regulator in accordance with another condition that applies to the transitional licence.

Part 5—Nuclear safety incidents

Part 5 prescribes the conditions and other matters related specifically to nuclear safety incidents, as covered by section 21 of the Act.

Section 102 Simplified outline of this Part

Section 102 provides a simplified outline of Part 5 of the Regulations.

Section 103 Kind of incidents that are nuclear safety incidents

Subsection 103(1) prescribes, for the purposes of subparagraph 21(2)(b)(iii) of the Act, the kinds of incidents that relate to nuclear safety and occur in relation to the conduct of a regulated activity, that are nuclear safety incidents. These are:

an uncontrolled emission, escape, spillage or leakage of NNP material, or NNP equipment or plant;
an uncontrolled emission, escape, spillage or leakage of ionising radiation that results in a significant increase in the magnitude of individual doses;
an uncontrolled exposure to harmful non-ionising radiation from equipment or plant prescribed under section 12 of the Regulations and that results in the exceeding of an exposure limit which are prescribed in subsection 103(2) of the Regulations;
a theft or loss of NNP material or NNP equipment or plant;
damage to a package (however described) that contains NNP material or NNP equipment or plant;
a near miss that could have resulted in any of the following matters:

a significant increase in the magnitude of individual doses of ionising radiation;
an applicable dose limit under sections 72 or 74 of the Regulations being exceeded;
an exposure limit specified in subsection 103(2) of the Regulations being exceeded in relation to harmful non-ionising radiation from equipment or plant described in section 12 of the Regulations.

For the purposes of paragraph 103(1)(f)(i), what constitutes a ‘significant’ increase will be person and context-specific. Dosing limits are addressed in Subdivision D of Division 2 of Part 4 of the Regulations, with different dosing limits prescribed for different persons, parts of the body and contexts.

Whether an increase in the magnitude of an individual dose is ‘significant’ will therefore depend on the circumstances. The concept of ‘magnitude of individual dose’ is well understood in the nuclear industry, and has that accepted meaning in the Regulations.

Subsection 103(2) prescribes the exposure limits, to the extent that they relate to naval nuclear propulsion, for the purposes of subparagraphs 103(1)(c)(ii) and (1)(f)(iii) of the Regulations, to be:

the reference levels as mentioned in ICNIRP Guidelines For Limiting Exposure To Time-Varying Electric And Magnetic Fields (1 Hz—100 kHz), published by the International Commission on Non-Ionizing Radiation Protection, as existing on 4 April 2025;
the maximum permissible exposure limits mentioned in AS/NZS IEC 60825.1:2014;
the exposure limits mentioned in AS/NZS IEC 62471:2011;
the exposure limits mentioned in the ICNIRP Guidelines On Limits Of Exposure To Static Magnetic Fields, published by the International Commission on Non-Ionizing Radiation Protection, as existing on 4 April 2025;
the exposure limits mentioned in the ICNIRP Guidelines for Limiting Exposure to Electromagnetic Fields (100 kHz to 300 GHz), published by the International Commission on Non Ionizing Radiation Protection, as existing on 4 April 2025.

The note under subsection 103(3) provides that in 2025, the documents referenced in paragraphs 103(2)(a), (d) and (e) of the Regulations could be viewed on, or accessed from the website of the International Commission on Non-Ionizing Radiation Protection (ICNIRP) (https://www.icnirp.org).

The Regulator will ensure copies of the documents referenced in paragraphs 103(2)(b) and (c) are made available on request for viewing by licence holders and will be available on request for inspection by members of public at the Regulator’s offices. These standards are important to incorporate by reference because they represent best practice in nuclear and radiation safety. The two referenced standards at paragraphs 103(2)(b) and (c) are written by Australian subject matter experts and are developed specifically for application by Australian industry, to enhance and strengthen safety performance in relation to the manufacture and use of lasers, laser products, lamps and lamp systems.

The two referenced standards at paragraphs 103(2)(b) and (c) contain highly complex technical information to aid manufacturers to properly classify and label products according to radiation hazard and aid the Australian industry to meet safety standards for radiation protection for operators and maintainers of these products. Inclusion of these references establishes obligations for Australian industry to meet these safety performance standards and, as a consequence, reduce the risk of injury and accessible radiation exposure.

Each document published by ICNIRP for non-ionising radiation exposure limits is different and covers a specific frequency range (measured as Hertz or Hz) of the non-ionising radiation spectrum. Collectively, these documents provide exposure limits for non-ionising radiation.

Section 104 Information to be given in report of a nuclear safety incident

Section 104 prescribes, for the purposes of paragraph 21(3)(d) of the Act, the information, which must be contained in a report given to the Regulator under subsection 21(1) of the Act, if a nuclear safety incident occurred in relation to a regulated activity authorised by the licence. The report must include:

the name of, and reference number for, the licence holder;
the date and time the report is given;
the name and role of the person giving the report;
a description of any NNP facility, NNP material or NNP equipment or plant involved in the incident;
a description of the incident, including:

the date and time of the incident; and
the suspected cause of the incident; and
details of any death of, serious injury to, or serious illness in individuals that were, or could have been, a result of the incident; and
details of any serious environmental incidents that were, or could have been, a result of the incident;

a description of steps that have been taken or are proposed to be taken to:

manage or respond to the incident; or
mitigate the consequences of the incident; or
preserve the site of the incident;

the likelihood that another nuclear safety incident would or could occur as a result of the incident;
if the person giving the report is aware of any other information that is relevant to the effective management of, or response to, the incident—that information.

The first note under section 104 explains that the report must be provided to the Regulator immediately after the licence holder becomes aware of the nuclear safety incident. The report may be given orally in the first instance and must be confirmed in writing as soon as practicable after being given orally. The note directs the reader to paragraphs 21(3)(a) and (b) of the Act.

The second note under section 104 provides that section 104 does not limit what the person giving the report may otherwise choose to include in the report.

Section 105 Actions after initial report of a nuclear safety incident

Section 105 prescribes conditions, for the purposes of paragraph 32(1)(b) of the Act, that apply to a licence authorising a facility activity or material activity, if a licence holder is required to report a nuclear safety incident under section 21 of the Act.

The note under subsection 105(1) directs the reader to Part 4 of the Regulations, which prescribes other conditions to which the licence is subject.

Information or action required to ensure effective management of nuclear safety incident

Subsection 105(2) prescribes that the licence holder and any other person authorised to conduct the regulated activity, must, if requested by the Regulator:

provide information and documents that the Regulator requires to be assured that the nuclear safety incident is being effectively managed; and
take any action that the Regulator requires to be assured that the nuclear safety incident is being effectively managed.

Preservation of incident site etc.

Subsection 105(3) prescribes that the licence holder and any other person authorised to conduct the regulated activity, must so far as reasonably practicable, and subject to subsection 105(4), ensure that the site of the nuclear safety incident is not disturbed until the Regulator directs that the site of the incident no longer needs to be preserved.

This includes the non-disturbance and the preservation of any naval nuclear propulsion plant, vessel, substance, structure, or thing that is associated with the incident.

Subsection 105(4) provides that in complying with the condition in subsection 105(3) to preserve the site of a nuclear safety incident, a person will not be prevented from taking any action:

to assist an injured person; or
to remove a deceased person; or
that is essential to make the site of the incident safe; or
to minimise the risk of a further nuclear safety incident; or
that is associated with a police investigation; or
for which the Regulator has given approval in relation to the nuclear safety incident.

Paragraphs 105(4)(c) and (d) refer to taking action that is ‘essential to make the site of the incident safe’ and taking action to ‘minimise the risk of a further nuclear safety incident’. The terms ‘that is essential to make the site of the incident safe’ and ‘minimise the risk of a further nuclear safety incident’ in subsection 105(4) are intended to clarify that certain critical actions are allowed that would otherwise be prevented by subsection 105(3).

What is ‘essential to make the site of an incident safe’ and what would ‘minimise the risk of a further nuclear safety incident’ is informed by a risk assessment for a specific regulated activity. This assessment will be context-specific, having regard to the activity, location, event and other relevant factors. Licence holders must be empowered in these circumstances to take all necessary action to ensure safety if a nuclear safety incident occurs and these actions are considered ‘essential to make the site of an incident safe’ or would ‘minimise the risk of a further nuclear safety incident’.

Licence holders will have plans in place for the management of incidents, including the steps required to ensure the safety of the site and to minimise the risk of a further nuclear safety incident. At the licence application stage, applicants will provide information and documents explaining how they will respond if an incident occurs, including actions taken following an incident.

Compliance with emergency management and response plan

Subsection 105(5) prescribes that the licence holder and any other person authorised to conduct the regulated activity must, as soon as reasonably practicable after there is no longer a need to preserve the site of the nuclear safety incident and, in any case, within 6 months after the incident has occurred, provide information and documents to the Regulator that demonstrate:

action that has been, or is proposed to be, taken to manage or respond to the nuclear safety incident; and
the extent to which that action deviates, or is proposed to deviate, from the emergency management and response plan for the regulated activity.

The note under subsection 105(5) refers the reader to section 60 of the Regulations for detail on the emergency management and response plan.

Implementation of recommendations

Subsection 105(6) prescribes that, subject to any approval under subsection 105(7) of the Regulations, the licence holder and any other person authorised to conduct the regulated activity must:

implement any recommendations identified in the following:

a final report of the Regulator’s investigation of the nuclear safety incident;
the final independent investigation report of the nuclear safety incident (this is dealt with by subsection 105(8) of the Regulations);
a final report of an internal investigation by the licence holder of the nuclear safety incident; and

provide information and documents to the Regulator to demonstrate that the licence holder has implemented all recommendations for preventing or mitigating the occurrence of nuclear safety incidents.

Subsection 105(7) provides that if the licence holder or person proposes not to implement a recommendation identified in a report referred to in subsection 105(6), the licence holder or person must:

obtain approval for not implementing the recommendation from the Regulator; and
explain to the Regulator why implementing the recommendation is not possible, feasible or otherwise desirable; and
provide the Regulator with any information or documents the Regulator reasonably requires to decide whether to give the approval.

Independent investigation of the nuclear safety incident

Subsection 105(8) prescribes that the licence holder must:

as soon as practicable after a nuclear safety incident has occurred , arrange for a suitably qualified and experienced independent person to investigate and report on the nuclear safety incident; and
provide any interim reports and the final report on the investigation to the Regulator within 7 days of receiving that report.

An example would be a person who holds qualifications and experience relevant to the closure of operational sites involving radiological and nuclear safety hazards. Such a professional must be suitably qualified and experienced in the relevant field to provide advice, conduct analysis and assessment of the measures adopted or proposed in a document or plan (such as a facility disposal plan, that is designed to protect human health and the environment from ongoing risks associated with radiological and nuclear hazards present at a specific facility, during the conduct of regulated activities).

Such a person must also be independent from the applicant and would include a person who applies specialised knowledge, training and judgement to perform professional duties autonomously and without undue influence from external parties. The work of an independent person may be characterised by objective decision-making, adherence to recognised professional standards and responsibility for the quality and integrity of their own actions. An independent person in this context exercises discretion, maintains ethical conduct and provides advice or services based on expertise free of external pressures.

Subsection 105(9) prescribes that a report for the purposes of paragraph 105(8)(a) must address matters, including the following:

the events and circumstances that lead to the nuclear safety incident;
the facts of the nuclear safety incident;
the facts of what occurred during the nuclear safety incident and the response to it;
the essential factors and causes of the nuclear safety incident;
conclusions as to the cause of the nuclear safety incidents or other issues identified in the investigation;
recommendations for preventing or mitigating the occurrence of nuclear safety incidents.

The requirements for the report are not exhaustive and the report could address other factors.

Part 6—Suspension of licences and review of licence decisions

Part 6 of the Regulations prescribes matters related to suspensions of licences and review of licence decisions.

Section 106 Simplified outline of this Part

Section 106 provides a simplified outline of Part 6 of the Regulations.

Section 107 Period of licence suspension

Maximum period of licence suspension

Subsection 107(1) prescribes the period of 12 months, for the purposes of subparagraph 35(5)(b)(i) of the Act.

The note under subsection 107(1) clarifies that the period specified by the Regulator as the period for which a licence suspension remains in force must not exceed 12 months.

Default period

Subsection 107(2) prescribes the period of 12 months, for the purposes of subparagraph 35(5)(b)(ii) of the Act.

The note under subsection 107(2) provides that if the Regulator did not specify a period, then the default period a licence would be suspended for is 12 months.

Section 108 Information to be included in application for review of licence decision

Section 108 prescribes the information that must be included in an application for a review of an original decision of the Regulator. For the purposes of paragraph 38(5)(b) of the Act, an application for review under subsection 38(4) of the Act must contain the following information:

the name and contact details of the applicant for review;
the reference number for the application for the licence or the reference number for the licence;
details of the original decision, including the date and reference number of the original decision;
the licence applicant’s detailed reasons for making the application for review; and
any other information relating to the original decision or the licence applicant’s reasons for review that the licence applicant wishes to be taken into account in the review.

Part 7—Other matters

Part 7 of the Regulations prescribes other matters for the purposes of the Act, such as what must be included in an annual report and what must be included in an application for an exemption for a licence or a licence condition.

Section 109 Simplified outline of this Part

Section 109 provides a simplified outline of Part 7 of the Regulations.

Section 110 Annual report—other matters to be included

Section 110 prescribes the matters that must be included in the Regulator’s annual report for the purposes of section 122 of the Act. The matters are:

details of any breach of licence conditions, by a licence holder or any other person authorised under a licence, that the Director-General is aware have occurred during the period;
details of directions given by inspectors under section 75 of the Act during the period;
details of improvement notices given by inspectors under section 77 of the Act during the period;
the number of each of the following: licence applications, licences issued, licences refused to be issued, licences varied, licences suspended, licences cancelled and licences surrendered during the period;
the number of nuclear safety incidents that the Director-General is aware have occurred in relation to regulated activities during the period;
the number of other incidents that the Director-General is aware have occurred, during the period, in relation to regulated activities conducted under a licence that relate to nuclear safety, and resulted in, or could have resulted in, significant injury to or significant illness in an individual or a significant environmental incident;
the number of other frequent incidents that the Director-General is aware have occurred, during the period, in relation to regulated activities conducted under a licence, that relate to nuclear safety, and resulted in, or could have resulted in, lower level injury to or illness in an individual or a lower level environmental incident;
the number of court proceedings relating to an offence or contravention of a civil penalty provision of the Act brought during the period;
the number of reviews (other than internal reviews) of decisions made under the Act during the period;
the number of activities involving the use of the monitoring powers that concluded during the period;
the number of activities involving the use of the investigation powers that concluded during the period;
the number of warrants issued under the Act during the period;
the number of exemptions granted under section 144 of the Act during the period, and the following details in relation to each exemption:

if the exempted person is not an individual—the name of the exempted person;
if the exempted person is an individual—the name of the organisation (however described) in which the exempted person is employed or engaged (however described);
the regulated activity to which the exemption relates;
the provision of the Act, or licence condition, to which the exemption relates;
any conditions to which the exemption is subject;
any breach of a condition (specified in an instrument of exemption under subsection 144(3) of the Act) by the exempted person, that the Director-General is aware has occurred during the period;
any event or circumstance that would have resulted in a breach of any licence conditions that would have applied to the exempted person if the exempted person were authorised by a licence to conduct the regulated activity, that the Director-General is aware has occurred during the period.

Subsection 110(2) provides that the annual report is not required to include details of any of the matters mentioned in subsection 110(1) if, in the opinion of the Director-General, the inclusion may prejudice the security or defence of the Commonwealth.

Annual reports must be provided to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 (the PGPA Act). The matters prescribed in section 110 are additional legislative requirements to those required by the PGPA Act.

Section 111 State and Territory laws that do not apply in relation to a regulated activity

Section 111 prescribes, for the purposes of section 135 of the Act, the laws of States and Territories that do not apply in relation to a regulated activity.

Subsection 111(2) prescribes:

the Protection from Harmful Radiation Act 1990 (NSW);
the Radiation Act 2005 (Vic.);
the Radiation Safety Act 1999 (Qld);
the Nuclear Activities Regulation Act 1978 (WA);
the Nuclear Waste Storage and Transportation (Prohibition) Act 1999 (WA);
the Radiation Safety Act 1975 (WA);
the Nuclear Waste Storage Facility (Prohibition) Act 2000 (SA);
the Radiation Protection and Control Act 2021 (SA);
the Radiation Protection Act 2005 (Tas.);
the Radiation Protection Act 2006 (ACT);
the Radiation Protection Act 2004 (NT);
an instrument made under an Act mentioned in any of paragraphs 111(2)(a) to (k).

Subsection 111(3) prescribes that any provision of any other State or Territory law that regulates nuclear activities does not apply in relation to a regulated activity.

The note under subsection 111(3) provides that the provision includes provisions of any other State or Territory law that regulate the disposal of nuclear waste, the handling or storage of nuclear material or material contaminated with radiation, or the design, construction, operation, decommissioning or disposal of nuclear facilities.

It is appropriate to exclude State and Territory laws to the extent they relate to nuclear or radiation safety matters to ensure there is a single, comprehensive and coherent framework for nuclear safety in the naval propulsion context and to avoid unnecessary confusion of the applicable laws and requirements.

In the circumstance that there are duplicative State and Territory laws, these laws do not apply in relation to regulated activities or in relation to an Australian submarine.

In the circumstance that State and Territory laws are of general application such as in the work or occupational health and safety or environmental context, it is appropriate that they apply. Therefore, subsection 111(4) provides that subsection 111(3) does not apply to a provision of a law that is predominately for the purposes of regulating work or occupational health and safety or protecting the environment.

Section 112 Obligations under international agreements that a person must have regard to when performing functions under the Act

Section 112 prescribes, for the purposes of section 136 of the Act, the following international agreements:

Agreement among the Government of Australia, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the United States of America for Cooperation Related to Naval Nuclear Propulsion, done at Washington on 5 August 2024;
Treaty on the Non Proliferation of Nuclear Weapons, done at London, Moscow and Washington on 1 July 1968;
South Pacific Nuclear Free Zone Treaty, done at Rarotonga on 6 August 1985;
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 of 1 July 1968, done at Vienna on 10 July 1974;
Protocol Additional to the Agreement [of 10 July 1974] 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 of 1 July 1968, done at Vienna on 23 September 1997.

The first note under section 112 provides that a person, in performing any function conferred on that person by the Act or an instrument made under the Act, must have regard to Australia’s obligations under the international agreements prescribed in section 112 of the Regulations, and refers the reader to section 136 of the Act.

The second note under section 112 provides that the international agreements mentioned in paragraphs 112(a) to (e) of the Regulations are in the Australian Treaties series and could in 2025 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au):

the Agreement mentioned in paragraph (a)—Australian Treaty Series 2025 No. 5 ([2025] ATS 5);
the Treaty mentioned in paragraph (b)—Australian Treaty Series 1973 No. 3 ([1973] ATS 3);
the Treaty mentioned in paragraph (c)—Australian Treaty Series 1986 No. 32 ([1986] ATS 32);
the Agreement mentioned in paragraph (d)—Australian Treaty Series 1974 No. 16 ([1974] ATS 16);
the Protocol mentioned in paragraph (e)—Australian Treaty Series 1997 No. 28 ([1997] ATS 28).

This section gives effect to the Australian Government’s commitment to ensure that the NPS enterprise operates with consideration of Australia’s international obligations.

Section 113 Application for exemption from a provision of Act or licence condition

Section 113 sets out what must be included in an application for an exemption to be granted under section 144 of the Act.

Section 113 also provides that an application for an exemption must be made in writing and be in the approved form (if any). The Director-General of the Regulator has the power to approve forms under section 146 of the Act.

The Regulator may give an exemption to a specified person from the application of subsection 19(1) of the Act or the application of specified licence conditions.

An application for an exemption must include:

the name of the person to be exempted;
the name and contact details of the applicant;
if the application is in relation to an NNP facility, NNP material, or NNP equipment or plant, that is covered by a licence—the reference number for the licence;
whether the application seeks an exemption from subsection 19(1) of the Act or from a licence condition;
if the application seeks an exemption from subsection 19(1) of the Act, to allow a person who is not authorised by a licence to conduct a regulated activity—an explanation of the operational imperative for seeking the exemption;
if the application seeks an exemption from a particular licence condition—the licence condition;
the period for which the exemption is sought including the period’s start date and end date;
reasons why the exemption is sought;
an explanation of why the applicant believes that granting the exemption does not negatively impact the following:

nuclear safety;
the objects of the Act;
the ability of any person conducting a regulated activity covered by, or related to, the application for exemption, to comply with the nuclear safety duties applying to the person under Division 2 of Part 2 of the Act;

any other information the applicant wishes the Regulator to consider in determining the application.

The amount of detail required by this provision is appropriate to ensure nuclear safety for people and the environment because the person is seeking an exemption from the requirement to have a licence or to comply with a specified licence condition that may be critical or significant to nuclear safety of the regulated activity.

The detail required by the section would demonstrate that a person seeking an exemption has undertaken appropriate due diligence for the activity. This level of detail would demonstrate the applicant considered the risk and consequence of the exempted activity or condition to nuclear safety, and provided sufficient information to satisfy the Regulator that the person can mitigate that risk. The information is also necessary to provide the Regulator with the required information to justify any decision in relation to whether the exemption jeopardises the nuclear safety of a regulated activity at the determent of people or the environment.

Schedule 1—Designated zones

Schedule 1 to the Regulations includes aerial photographic maps of the Stirling designated zone (the area known as HMAS Stirling at Garden Island in Western Australia) and Osborne designated zone (the area known as Osborne Naval Shipyard in South Australia).

The note refers the reader to sections 8 and 9 of the Regulations.

Clause 1 Stirling designated zone

Clause 1 provides the aerial photographic map of the Stirling designated zone (the area known as HMAS Stirling at Garden Island in Western Australia).

Clause 2 Osborne designated zone

Clause 2 provides the aerial photographic map of the Osborne designated zone (the area known as Osborne Naval Shipyard in South Australia).

Schedule 2—Activity values for nuclides

The note under the title of Schedule 2 to the Regulations refers the reader to the definitions of derived activity value and activity in section 5 of the Regulations, and parent nuclide and progeny nuclide in section 6 of the Regulations.

Part 1—Activity values for nuclides

Clause 1 Activity values for nuclides

Clause 1 of Schedule 2 to the Regulations provides that for the purposes of subsection 5(1) of the Regulations, the activity value for a nuclide in an item in column 1 of the table in the clause is:

for a nuclide in solid form, the activity value as specified in column 2 of the item;
for a nuclide in liquid form, the activity value specified in column 3 of the item;
for a nuclide in gas or vapour form, the activity value specified in column 4 of the item.

The table in this clause provides, for the purposes of subsection 5(1) of the Regulations, the activity values for nuclides.

The first note under the table at clause 1 provides that the activity of a progeny nuclide included in secular equilibrium with a parent nuclide are dealt with in section 6 of the Regulations. The note also provides that parent nuclides and progeny nuclides are set out in clause 2 of Schedule 1, with parent nuclides marked ᵃ in the table of clause 1.

The second note under the table at clause 1 provides that a nuclide marked with m or m’ in the table indicates a metastable state of the nuclide, with the metastable state m’ indicating a state of higher energy than the metastable state.

Part 2—Parent and progeny nuclides

Clause 2 Parent nuclides and progeny nuclides

The table in this clause lists parent nuclides in the second column and progeny nuclides in the third column for the purposes of section 6 of the Regulations.

The first note under the table at clause 2 provides that the activity of a progeny nuclide included in the secular equilibrium with a parent nuclide are dealt with in section 6 of the Regulations.

The second note under the table at clause 2 provides that parent nuclides are also marked ᵃ in the table at clause 1.

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Naval Nuclear Power Safety Regulations 2025

The Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Australian Naval Nuclear Power Safety Regulations 2025 (the Regulations) give effect to the Australian Naval Nuclear Power Safety Act 2024 (the Act), for the purposes of, among other things, providing the detailed regulatory requirements applied to conventionally-armed, nuclear-powered submarines

The Regulations provide details for the licencing regime, including the licence application requirements for a licence to authorise a facility activity or a material activity in a designated zone.

The information and documents prescribed for an application for a licence, and the licence conditions applicable to a licence under the regime, enable the Regulator to manage the risk of nuclear safety for AUKUS submarines, the facilities that accommodate them and related material, equipment and plant.

Under the licencing regime, licence conditions applicable to the licence holder and an authorised person seek to ensure nuclear safety.

The Regulations provide detailed maps for the two designated zones that were determined by the Act; the Stirling designated zone and the Osborne designated zone.

The Regulations provide the activity values to determine the radioactivity levels for assessing the clearance levels of materials that no longer require regulatory oversight.

Further, the activity values determine whether a facility meets the threshold to be considered a radioactive waste management facility.

Human rights implications

The Regulations engage the following rights under international instruments including the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic Social and Cultural Rights (ICESCR); the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); and the Convention on the Rights of the Child (CRC):

The right to protection from arbitrary or unlawful interference with privacy under Article 17 (ICCPR);
The right to health under Article 12(1) of the ICESCR, and the right of the child to enjoyment of the highest attainable standard of health under Article 24.1 of the CRC;
The right to protection of health and safety in working conditions for women, including the safeguarding of reproduction (Articles 11(1)(f) and 11(2)(d) of CEDAW); and
The right to equality and non-discrimination, including Article 26 of the ICCPR, Article 2 of the CEDAW and Article 2 of the CRC.

Right to privacy

Under Article 17 of the ICCPR, it is prohibited to arbitrarily or unlawfully interfere with a person’s privacy, family, home or correspondence. Article 17 also provides the right to protection applicable to everyone from the law against such interference or attacks.

The term ‘unlawful’ has been interpreted by the United Nations Human Rights Committee (UNHRC) to mean that interferences cannot take place except in cases envisaged by law, which itself must comply with the provisions, aims and objectives of the ICCPR. It was also indicated by the UNHRC that an interference would not be considered ‘arbitrary’ if it is provided for by law, is in accordance with the provisions, aims and objectives of the ICCPR, and is reasonable in the particular circumstances.

Privacy is a broad concept that includes a right to information privacy. The Regulations engage the right to privacy by providing for the recording and disclosing of specific information, which may constitute personal information. Relevant provisions include:

Subsection 16(a) requires the potential licence holder to provide the information and documents that prescribe the expertise, training and information that the persons, or class of persons, to be authorised to conduct the regulated activity would have, if the licence is issued, to ensure the nuclear safety of the activity;
Section 19 requires the details of the office holder of the proposed licence holder that would have the overarching organisational, financial and operational control of the conduct of the regulated activity;
Paragraph 75(1)(a) requires that the licence holder must identify all persons who are or could be exposed to ionising radiation or high levels of non-ionising radiation;
Paragraph 75(1)(b) requires that the licence holder must ensure that each occupationally exposed person’s age, and whether they have declared that they are pregnant or breastfeeding, is taken into account to the extent that it is necessary to ensure the health of those person’s such that exposure is kept as low as reasonably achievable within the dose limits;
Paragraph 75(1)(d) requires that the licence holder must record the doses that have been received by each occupationally exposed person, which includes recording the results from any personal radiation monitoring devices and how doses were calculated;
Paragraph 75(1)(e) requires that the licence holder must ensure that each occupationally exposed person is registered on the Australian National Radiation Dose Register (National Dose Register);
Paragraph 75(1)(f) requires that the licence holder must provide data on the doses received by each occupationally exposed person to the National Radiation Dose Register:

at least every 3 months; or
in accordance with the conditions specified by the Regulator; and

Subsection 76(2) provides for the condition applicable to the licence holder or person authorised to conduct the regulated activity that they must report to the Regulator significant or moderate increases in doses to occupationally exposed persons.

The information that is required to be recorded by the licence holder, or person authorised to conduct the regulated activity, and disclosed to the National Dose Register and the Regulator may be sufficient to identify an individual and so could constitute ‘personal information’ as defined by the Privacy Act 1988 (Privacy Act).

The National Dose Register is a centralised repository of exposure history for individuals exposed to ionising radiation. This enables an individual’s exposure history to be correctly stored and maintained in a standardised and uniform way, which is compliant with Australian laws, including the Privacy Act.

Requiring the provision and potential use of information that may constitute personal information is reasonable and necessary in the Regulations to ensure the effective oversight and control of doses by the licence holder or person authorised to conduct the regulated activity. This is due to the functions of the Regulator under subsections 102(a) and (b) of the Act, which require that the Regulator promote nuclear safety and promote, monitor and enforce compliance with the Act. These functions are realised if the Regulator is able to understand, consider and verify all elements of an individual’s exposure resulting from the conduct of a regulated activity, and align with international best practice.

The International Atomic Energy Agency (IAEA) provides that the individual monitoring of workers exposed to radiation as a part of their job and recording their radiation doses are important parts of national occupational radiation protection programmes.

For example, the Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (No. GSR Part 3) includes requirements for the retention of workers’ occupational exposure records by the regulatory body or a State registry, or by a relevant employer, registrant, or licensee.

The IAEA General Safety Guide (Occupational Radiation Protection (No. GSG-7)) notes that a typical registry contains personal, employment and dosimetric data for all occupationally exposed workers in the country.

The IAEA further provides that the storage of information on a national dose registry should be tailored to allow workers, during and after their working life, to retrieve information on the doses they received while occupationally exposed.

Ensuring the long-term storage of such information in the National Dose Registry also serves the following purposes:

it prevents the loss of data on individual doses;
it allows periodic analysis of all data collected on exposures in order to characterise the situation at the national level with regard to occupational exposure.

The above-mentioned IAEA radiation protection practices and requirements provide the basis for the following provisions of the Regulations:

record management system requirements under section 62;
the requirement to provide information upon request by the Regulator under section 63;
the recording of each occupationally exposed person on the National Dose Register under paragraphs 75(1)(e) and (f); and
the auditing and review of the records management system under paragraph 68(1)(b).

Further, it is considered essential for the specific information to be recorded on the National Dose Register as it allows individuals to access their dose history from anywhere in Australia and it provides continuity of exposure history when an individual changes jobs or even transitions into a different industry. The record will also allow individuals and the Regulator, to be confident that an individual’s exposure history will be correctly stored and maintained in accordance with the Privacy Act and in the event that a licence holder’s organisation ceases to operate or is disbanded, merged or acquired by another organisation.

The recording on the National Dose Register also allows organisations to comply with the long-term record-keeping requirements under section 62 of the Regulations, in addition to requirements under international safety standards for nuclear activities. Section 62 of the Regulations requires records relating to the conduct of the regulated activity to be kept in the records management system for the activity.

The provisions in the Regulations relating to the collection, use and disclosure of personal information are reasonable, necessary and proportionate to achieving a legitimate aim and are subject to appropriate safeguards. The licence holder must ensure that the collected information abides by the Privacy Act, including the Australian Privacy Principles.

Australia implements its international obligations in relation to privacy through the Privacy Act. This Act applies to a range of entities, including large businesses and government agencies. The government agencies who would receive and record the information obtained through the Regulations would be obligated to protect personal information under the Privacy Act. The government agency that is responsible for the National Dose Register and the Regulator would handle any personal information (such as dose records and medical information) obtained through their regulatory functions in line with their obligations under the Privacy Act. The Regulations do not negatively impact the application of obligations under the Privacy Act, and in fact support the management of personal information to align with the obligations under the Privacy Act.

As such, the Regulations do not impose an arbitrary or unreasonable limitation on the right to privacy and in fact clarify the application of the right to privacy to ensure it is consistent with both the rights under the ICCPR and the Privacy Act.

The right to health

The right to health is contained under Article 12 of the ICESCR. Article 12(1) of the ICESCR refers to the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Article 12(2) of the ICESCR provides that for signatory parties to achieve the full realisation of the right to the highest attainable standard of physical and mental health, steps are to be taken for:

the reduction in stillbirth-rate, infant mortality and healthy development of the child;
improvements of all aspects of environmental and industrial hygiene;
the prevention, treatment and control of epidemic, endemic, occupational and other diseases; and
the creation of conditions which would assure to all medical service and medical attention in the event of sickness.

The right to health is promoted in the Regulations by the effective dose limits for exposure of persons to ionising radiation provided under sections 72 and 74. The intention of sections 72 and 74 of the Regulations, in addition to other sections, is to limit the doses of ionising radiation that specified classes of persons may receive to protect their health.

Section 72 specifies dose limits for specific classes of persons as including: persons at least 18 years of age, persons who are 16 or 17, persons who have voluntarily declared to be pregnant or breastfeeding, public exposure and emergency workers or helpers.

As subsection 72(3) of the Regulations provides specific exposure limits for persons who are 16 or 17 years of age and subsection 73(3) provides a calculation method for the dose limit for persons under 18 years, these provisions do not provide for unfair treatment or discriminatory practice for persons under 18 years of age as they work to promote the right to health. Similarly, these provisions provide a positive discrimination effect in which persons under 18 years of age are not subject to an unfair disadvantage that could occur due to their age and ionising radiation exposure.

The exposure of children and members of the public to radiation, as a result of the conduct of regulated activities under the Act, is avoidable and the exposure is not for a beneficial purpose. This policy underlying the Regulations seeks to enliven the application of ‘as low as reasonably achievable (ALARA)’ and the core principle of ‘justification’. It is aligned with ARPANSA and in the interests of national uniformity for radiation protection.

Children are particularly disproportionately vulnerable to radiation exposure at a young age:

Because of their age and the rapid growth and development of their cells and organs. An effective dose received by an individual at a young age may result in damage to tissues and organs exposed.
There is also the matter about time and duration. A child is more vulnerable because they have longer to live and exposure to radiation at a young may increase the exposed person’s likelihood of developing cancer as result of exposure during their lifetime.
In a person’s lifetime, they may need to undergo medical diagnostic analysis and treatment for medical conditions not related to radiation exposure. When they do, the beneficial outcome of exposure for medical diagnosis or treatment should not be unnecessarily compromised as a result of unnecessary, non-beneficial exposure during a person’s lifetime.

Because of these reasons, people who may be occupational workers, who have declared themselves pregnant or are breastfeeding/nursing are to be subject to the dose limits that apply to children and the public in order to provide the foetus or child/children the same protection.

Section 74 provides for specific dose limits for the occupational exposure to the lens of the eye, public exposure to the lens of the eye, occupational exposure to the hands and feet, public exposure to the hands and the feet, and the occupational exposure and public exposure of the skin.

The dose limits have been derived from the ARPANSA framework in the interest of promoting national uniformity. The ARPANSA dose limits and frameworks reflect international best practice, aligning with the IAEA requirements for radiation protection in planned situations, provided in GSR Part 3 and GSR Part 7.

The IAEA sets the requirements for radiation protection under the GSR Parts 3 and 7 (amongst others) by incorporating the objectives, concepts and principles of the Fundamental Safety Principles. The IAEA Standards draw upon information derived from the experience of States.

The IAEA Standards draw upon extensive research and development work by national and international scientific and engineering organisations on the health effects of radiation exposure and on measures and techniques for the safe design and use of radiation sources. The IAEA Standards also take account of the findings of the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR)[3] and the Recommendations of the International Commission on Radiological Protection (ICRP)[2]. As scientific considerations are only part of the basis for making decisions on protection and safety, the IAEA Standards also address the use of value judgements relating to the management of risks.

The adoption of the dose limits already provided under the ARPANSA framework maintains continuity of the safety obligations that an organisation has to individuals and ensures that there are no discrepancies between ARPANSA’s jurisdiction and Australian Naval Nuclear Power Safety Regulator’s (the Regulator) jurisdiction. Individuals may change jobs and industries, they may move out of the Regulator’s jurisdiction, but they should be able to expect that their exposure and health will be treated consistently irrespective of which industry they work in, which employer they work for, which regulator governs their activities and the location in which they reside in Australia.

The Regulations further promote the right to health by providing the licence condition under section 71 of the Regulations, that the licence holder or person authorised to conduct the regulated activities, must ensure that the doses that a person (whether or not an occupationally exposed person) is exposed to from ionising radiation from NNP material or NNP equipment or plant does not exceed the applicable dose limits which are contained in the Regulations. Section 71 ensures that there is regulatory oversight by the Regulator on the doses received by persons in relation to the regulated activities under a licence.

As such, while the Regulations engage the right to health, these provisions are only intended to clarify and do not change the existing protections regarding the health of people which are already contained in the Australian legal framework (by virtue of ARPANSA).

Right to protection of health and safety in working conditions for women, including the safeguarding of reproduction

The right to protection of health and safety in working conditions for women, including the safeguarding of reproduction, is contained in the CEDAW. Article 11(1)(f) provides for the right to protection of health and to safety in working conditions, including the safeguarding function of reproduction and Article 11(2)(d) provides for the right for special protection to women during pregnancy in types of work proved to be harmful to them.

The rights contained within Articles 11(1)(f) and 11(2)(d) are promoted directly by subsection 72(4), which articulates the effective dose limit for an occupationally exposed person who has declared themselves to be pregnant or breastfeeding. The intention is to ensure that the pregnancy or breastfeeding status of an occupationally exposed person is properly calculated to ensure that the person does not exceed the applicable dose limit and their right to health is maintained.

However, this provision is limited to those people that declare themselves pregnant or breastfeeding, such that it also does not contravene any anti-discrimination laws, as there is an ability for individuals to self-identify, or not-identify, as pregnant or breastfeeding.

The rights contained within Articles 11(1)(f) and 11(2)(d) are further promoted under section 75, which provides a licence condition that the licence holder must ensure that a person’s age and declared pregnancy or breastfeeding status is taken into account for the purposes of keeping exposure as low as reasonably achievable within the applicable dose limits. This is to ensure that the licence holder has a licence condition to promote the health and safety of a person who has declared themselves pregnant or breastfeeding and a person’s age is taken into account. The licence holder is under the statutory obligations of the Privacy Act and the Australian Privacy Principles to manage and protect any sensitive personal information, including that of its employees.

Right to equality and non-discrimination

Article 26 of the ICCPR requires States Parties to guarantee the right to equality and non-discrimination and prohibits discrimination on any ground, including sex and other status. The UNHRC has also found that age qualifies as a prohibited ground of discrimination under ‘other status’ in Article 26. Similar protections are in Article 2 of the CEDAW and Article 2 of the CRC.

The UNHRC General Comment No. 18 on non-discrimination clarifies that not every differentiation of treatment will constitute a form of discrimination if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose, which is legitimate under the ICCPR. The UNHRC suggests that determining what is ‘reasonable and objective’ requires a case-by-case assessment. If the criteria for the differentiation are reasonable and objective and if the aim is to achieve a purpose that is legitimate under the ICCPR, then the differential treatment is likely to be legitimate.

Subsection 72(3) and paragraph 75(1)(b) of the Regulations draw distinctions between the treatment of persons or groups based on age and other grounds (i.e. pregnancy or breastfeeding status).

The Regulations seek to specifically monitor and limit exposure of radiation to certain groups in the community, including children and pregnant women, who may be disproportionately impacted by radiation exposure. By amending the dose limit for these specific groups, who are recognised as particularly vulnerable to radiation, any differential treatment under the Regulations is considered objectively reasonable. In addition, the dose limits that are included in the Regulations to apply based on age, or identified pregnant or breastfeeding persons, is objective in that the dose limits are harmonised in the Australian landscape, by virtue of the Regulations adopting the dose limit thresholds from ARPANSA’s framework.

The ARPANSA dose limits and frameworks reflect the IAEA requirements for radiation protection in planned situations, provided in GSR Part 3 and GSR Part 7, as does the dose limits contained in the Regulations. The IAEA Standards draw upon extensive research and development work by national and international scientific and engineering organisations on the health effects of radiation exposure and on measures and techniques for the safe design and use of radiation sources.

Due to this reasoning, there is no other less restrictive way to achieve the sought protection from the potential harm of radiation.

To that end, while these human rights are engaged, the Regulations are considered reasonable, necessary and proportionate in their aim to achieve a legitimate purpose to ensure the health and safety of those persons.

Conclusion

The Legislative Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

Administered by Department of Defence

Purpose

Details of the instrument

Consultation

Parliamentary scrutiny

Section 6 Parent nuclides and progeny nuclides included in secular equilibrium

Section 10 Activity level for radioactive waste management facility to be an NNP facility

Section 11 Activities that are not material activities

Section 12 Non-ionising radiation-producing equipment or plant that is NNP equipment or plant

Section 23 Treatment of clearance material

Section 74 Annual equivalent dose limit for ionising radiation

Section 76 Reporting—increases in radiation exposure

Section 77 Additional conditions for any kind of facility activity—risk levels and activity levels

Section 79 Additional conditions—activity of preparing a site for an NNP facility in a designated zone

Section 80 Additional conditions—activity of constructing an NNP facility in a designated zone

Section 81 Additional conditions—activity of having possession or control of an NNP facility in a designated zone

Section 82 Additional conditions—activity of operating an NNP facility in a designated zone

Section 83 Additional conditions—activity of decommissioning an NNP facility in a designated zone

Section 84 Additional conditions—activity of disposing of an NNP facility in a designated zone

Section 85 Additional conditions—general requirements for plans under this Division

Section 86 Additional conditions for any kind of material activity—maintaining inventory, information and documents

Section 87 Additional conditions for any kind of material activity—storing, managing and handling NNP material or NNP equipment or plant

Section 88 Additional conditions for any kind of material activity—field exercises

Section 89 Additional conditions for any kind of material activity—transport or movement of naval nuclear propulsion plant

Section 90 Additional conditions for any kind of material activity—transport of NNP material and NNP equipment or plant only as approved

Section 91 Additional conditions for any kind of material activity—transport management and movement plans

Section 92 Additional conditions for activity of having possession or control of NNP material or NNP equipment of plant—sale, transfer or abandonment

Section 93 Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—plan for possession or control

Section 94 Additional conditions—activity of using NNP material in a designated zone

Section 95 Additional conditions—activity of using or operating NNP equipment or plant in a designated zone

Section 96 Additional conditions—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

Section 97 Additional conditions—general requirements for certain plans required under this Division

Statement of Compatibility with Human Rights

Overview of the Legislative Instrument

Human rights implications

Conclusion

Interactions

Legislation content

Purpose

Details of the instrument

Consultation

Parliamentary scrutiny

Section 6 Parent nuclides and progeny nuclides included in secular equilibrium

Section 10 Activity level for radioactive waste management facility to be an NNP facility

Section 11 Activities that are not material activities

Section 12 Non-ionising radiation-producing equipment or plant that is NNP equipment or plant

Section 23 Treatment of clearance material

Section 74 Annual equivalent dose limit for ionising radiation

Section 76 Reporting—increases in radiation exposure

Section 77 Additional conditions for any kind of facility activity—risk levels and activity levels

Section 79 Additional conditions—activity of preparing a site for an NNP facility in a designated zone

Section 80 Additional conditions—activity of constructing an NNP facility in a designated zone

Section 81 Additional conditions—activity of having possession or control of an NNP facility in a designated zone

Section 82 Additional conditions—activity of operating an NNP facility in a designated zone

Section 83 Additional conditions—activity of decommissioning an NNP facility in a designated zone

Section 84 Additional conditions—activity of disposing of an NNP facility in a designated zone

Section 85 Additional conditions—general requirements for plans under this Division

Section 86 Additional conditions for any kind of material activity—maintaining inventory, information and documents

Section 87 Additional conditions for any kind of material activity—storing, managing and handling NNP material or NNP equipment or plant

Section 88 Additional conditions for any kind of material activity—field exercises

Section 89 Additional conditions for any kind of material activity—transport or movement of naval nuclear propulsion plant

Section 90 Additional conditions for any kind of material activity—transport of NNP material and NNP equipment or plant only as approved

Section 91 Additional conditions for any kind of material activity—transport management and movement plans

Section 92 Additional conditions for activity of having possession or control of NNP material or NNP equipment of plant—sale, transfer or abandonment

Section 93 Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—plan for possession or control

Section 94 Additional conditions—activity of using NNP material in a designated zone

Section 95 Additional conditions—activity of using or operating NNP equipment or plant in a designated zone

Section 96 Additional conditions—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

Section 97 Additional conditions—general requirements for certain plans required under this Division

Statement of Compatibility with Human Rights

Overview of the Legislative Instrument

Human rights implications

Conclusion

Interactions

Authorises

All Versions