Australian Nuclear Science and Technology Organisation Regulations 1994 No. 415
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 415
Issued by the Authority of the Minister for Industry, Science and Technology
Australian Nuclear Science and Technology Organisation Act 1987
Australian Nuclear Science and Technology Organisation Regulations
Section 47 of the Australian Nuclear Science and Technology Organisation Act 1987 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters:
(a) required or permitted by this Act to be prescribed by regulations; or
(b) necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act.
Paragraph 5(1)(ba)(iv) of the Act provides that the functions of the Australian Nuclear Science and Technology Organisation (ANSTO) include conditioning, managing and storing radioactive materials and radioactive waste arising from the activities of other persons who are specified in the regulations.
On 21 July 1994, the Governor-General made three regulations under the ANSTO Act (the Regulations) to provide for ANSTO to condition a quantity of radioactive wastes (about 10 cubic metres) arising from the activities of the Commonwealth, Australian Defence Industries Limited (ADI) and the Australian Radiation Laboratory (and its predecessors). This waste is in storage at ADI's site at St Marys, NSW. Conditioning means that the wastes are repackaged, for example by encapsulating them in concrete, to make them safer for handling, transport and storage. An incidental effect of the regulations is that they authorise ANSTO to condition all other radioactive waste belonging to the Commonwealth (a further 50 cubic metres, approximately).
On 11 October 1994, the Senate commenced debate on a motion that the Regulations be disallowed. The Senate adjourned the debate and sought advice from its Legal and Constitutional Legislation Committee on the question of whether such regulations could be drafted in terms which would limit the ANSTO treatment of radioactive waste at St Marys and the transport of such waste to Woomera. The Committee interpreted its terms of reference as raising the issues of whether the regulations might be limited to apply only to the waste stored at St Marys and to authorise the treatment of the St Marys waste only at the St Marys site.
Following public hearings, the Committee recommended:
(1) that, to avoid the consequences under the Acts Interpretation Act 1901 of the disallowance or deemed disallowance of the Regulations, that the Regulations not be disallowed;
(2) that revised regulations be drafted and tabled which contain a sunset clause limiting their operation to 31 December 1995; authorise ANSTO to treat only that waste arising from the activities of the organisations mentioned above which was stored at the St Marys site on 1 November 1994;
are accompanied by a Ministerial undertaking that, should any of this waste need to be removed to or from ANSTO's site at Lucas Heights,, the Minister will provide details to the Leader of the Opposition in the Senate and Sutherland Shire Council of that removal not less than two days prior to such removal from St Marys.
The Government accepted the Committee's recommendations and the Senate rejected the disallowance motion.
The new regulation 4 amends the ANSTO Regulations to give effect to the Government's acceptance of the Committee's recommendations. Regulation 4(a) is an appropriate sunset clause, limiting the Regulations to those operations of ANSTO carried out before 31 December 1995. Regulation 4(b) limits ANSTO's operations to radioactive materials and radioactive waste that were stored at ADI's premises at St Marys on 1 November 1994. The Government has already provided the Leader of the Opposition in the Senate with an undertaking to provide him and Sutherland Shire Council with transport details of any removal of material to Lucas Heights Research Laboratories, not less than two days prior to such removal from St Marys.
Overview
The Australian Nuclear Science and Technology Organisation Regulations 1994 were introduced to address the need for specific regulations governing the management and storage of radioactive waste, particularly that arising from the Commonwealth, Australian Defence Industries Limited (ADI), and the Australian Radiation Laboratory. Enacted under the authority of the Australian Nuclear Science and Technology Organisation Act 1987, these regulations were designed to ensure the safe conditioning and management of radioactive waste stored at ADI's site in St Marys, NSW. The primary objective of these regulations was to provide a framework for ANSTO to repackage and store the radioactive waste, thereby making it safer for handling, transport, and storage. The policy objective was to address the specific concerns raised by the Senate regarding the scope and limitations of the initial regulations, ultimately ensuring compliance with the Act while also providing transparency and accountability in the management of radioactive materials.
Scope and Application
The Australian Nuclear Science and Technology Organisation Regulations 1994, made under the authority of the Australian Nuclear Science and Technology Organisation Act 1987, pertain specifically to the activities of ANSTO in conditioning, managing, and storing radioactive materials and waste. These regulations apply to radioactive wastes arising from the activities of the Commonwealth, Australian Defence Industries Limited, and the Australian Radiation Laboratory (and its predecessors), which are stored at the St Marys site in New South Wales. The regulations authorise ANSTO to repackage, or condition, these radioactive wastes by methods such as encapsulating them in concrete, to enhance safety for handling, transport, and storage. A consequential effect of these regulations is the authorisation for ANSTO to treat all other radioactive waste belonging to the Commonwealth, amounting to approximately 50 cubic metres. These regulations are confined to operations conducted before the stipulated date of 31 December 1995, as per the sunset clause introduced following recommendations from the Senate’s Legal and Constitutional Legislation Committee. The revised regulations also ensure that ANSTO’s operations are limited to radioactive materials and waste stored at the St Marys site on 1 November 1994, and the government has undertaken to provide prior notice of any waste removals to relevant authorities.
Key Provisions
The Australian Nuclear Science and Technology Organisation Regulations 1994 (No. 415) (the Regulations) made under the Australian Nuclear Science and Technology Organisation Act 1987 (the Act) are intended to regulate the handling of radioactive materials and waste by the Australian Nuclear Science and Technology Organisation (ANSTO). Specifically, the Regulations permit ANSTO to condition and manage radioactive waste arising from the activities of certain entities, including the Commonwealth, Australian Defence Industries Limited (ADI), and the Australian Radiation Laboratory, as well as its predecessors. Conditioning, as defined in the Act, refers to the repackaging of the radioactive waste, such as by encapsulating it in concrete, to make it safer for handling, transport, and storage. These Regulations were initially drafted to address approximately 10 cubic metres of radioactive waste stored at ADI’s site in St Marys, New South Wales. However, they also inadvertently authorised ANSTO to condition all other radioactive waste belonging to the Commonwealth, which amounts to an additional 50 cubic metres.
The Regulations impose certain obligations on ANSTO and other entities governed by the Act. For instance, they require ANSTO to condition the specified radioactive waste and ensure that the conditioning processes adhere to safety standards. Additionally, the Regulations mandate that any transport of radioactive waste from St Marys to Lucas Heights Research Laboratories must be communicated to the Leader of the Opposition in the Senate and Sutherland Shire Council at least two days prior to the removal. These obligations are aimed at ensuring that the handling of radioactive materials is conducted in a safe and transparent manner, thereby minimising risks to public health and the environment.
There are no explicit offences or penalties outlined in the Regulations themselves, but breaches of the Act or the Regulations could result in legal consequences. Under the Act, unauthorised actions concerning radioactive materials could lead to criminal charges, including fines and imprisonment. The exact penalties would depend on the specific breach and could vary significantly based on the severity and impact of the non-compliance. Additionally, entities found in breach of the Act or the Regulations might face civil liabilities, including compensation for damages caused by their actions. The overarching aim of these potential consequences is to enforce compliance and deter unsafe practices in the handling of radioactive materials.