Australian Nuclear Science and Technology Organisation Regulations
Statutory Rules 1994 No. 259 as amended
made under the
Australian Nuclear Science and Technology Organisation Act 1987
This compilation was prepared on 12 January 2001
taking into account amendments up to SR 1994 No. 415
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Interpretation
3 Conditioning etc of radioactive waste — specified persons
4 Limit on operation of Regulations
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Australian Nuclear Science and Technology Organisation Regulations.
2 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Australian Nuclear Science and Technology Organisation Act 1987.
3 Conditioning etc of radioactive waste — specified persons
For the purposes of paragraph 5 (1) (ba) of the Act, the following persons are specified under subparagraph 5 (1) (ba) (iv) of the Act:
(a) the Commonwealth;
(b) Australian Defence Industries Limited;
(c) Australian Radiation Laboratory (formerly known as Commonwealth Radium Laboratory, Commonwealth X‑Ray and Radium Laboratory, Commonwealth Radiation Laboratory).
4 Limit on operation of Regulations
These Regulations have effect only in relation to operations of the Organisation that:
(a) are carried out before 31 December 1995; and
(b) relate to radioactive materials and radioactive waste that, on 1 November 1994, were stored at premises occupied by Australian Defence Industries Limited at St Marys, New South Wales.
Notes to the Australian Nuclear Science and Technology Organisation Regulations
Note 1
The Australian Nuclear Science and Technology Organisation Regulations (in force under the Australian Nuclear Science and Technology Organisation Act 1987) as shown in this compilation comprise Statutory Rules 1994 No. 259 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1994 No. 259 | 28 July 1994 | 28 July 1994 | |
1994 No. 415 | 13 Dec 1994 | 13 Dec 1994 | — |
|
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | ad. 1994 No. 415 |
Overview
The Australian Nuclear Science and Technology Organisation Regulations, made under the Australian Nuclear Science and Technology Organisation Act 1987, were enacted to provide regulatory guidance specific to the activities of the Australian Nuclear Science and Technology Organisation (ANSTO). These regulations were introduced to address the need for stringent oversight and management of radioactive materials and waste, ensuring compliance with safety and environmental standards. The enactment of these regulations by the Australian Government, through the relevant legislature, aims to protect public health and safety, and to provide a framework for the responsible handling and disposal of radioactive substances. This legislative instrument ensures that ANSTO operates within the boundaries set by the overarching Act, particularly concerning the conditioning and disposal of radioactive waste and the oversight of specified entities involved in these processes.
Scope and Application
The Australian Nuclear Science and Technology Organisation Regulations, which are made under the Australian Nuclear Science and Technology Organisation Act 1987, apply specifically to certain operations conducted by the Australian Nuclear Science and Technology Organisation (ANSTO) before 31 December 1995. These regulations are pertinent to radioactive materials and radioactive waste that were stored at premises occupied by Australian Defence Industries Limited at St Marys, New South Wales, as of 1 November 1994. The scope of the Regulations is thus narrowly defined, focusing on historical operations and specific materials. The Regulations also specify particular persons for the purposes of conditioning and handling radioactive waste, including the Commonwealth, Australian Defence Industries Limited, and Australian Radiation Laboratory. These Regulations do not extend beyond the defined geographic and temporal parameters, nor do they apply to operations outside the stipulated dates and locations. Furthermore, they do not include any stated exclusions or exemptions, nor do they establish specific thresholds for their application. The Regulations may be further extended or restricted through subordinate instruments, although the primary focus remains on the historical operations and materials as outlined.
Key Provisions
The Australian Nuclear Science and Technology Organisation Regulations, made under the Australian Nuclear Science and Technology Organisation Act 1987, provide specific rules regarding the handling and conditioning of radioactive waste. Section 3 identifies the specified persons under the Act who are responsible for conditioning radioactive waste. These include the Commonwealth, Australian Defence Industries Limited, and Australian Radiation Laboratory (previously known by other names) (section 3). Additionally, the Regulations outline the temporal scope of their operation. They apply only to activities conducted by the Organisation before 31 December 1995 that pertain to radioactive materials and waste stored at Australian Defence Industries Limited’s premises in St Marys, New South Wales, as of 1 November 1994 (section 4).
These Regulations impose specific obligations on the identified entities, ensuring they adhere to the prescribed procedures for handling radioactive waste. The specified persons are mandated to comply with the conditioning requirements for radioactive waste as stipulated in the Act (section 3). The Regulations also restrict their application to certain historical operations and materials, limiting their scope to those conducted before the end of 1995 and involving materials stored at the St Marys site as of 1 November 1994 (section 4).
Failure to comply with the provisions of these Regulations could result in legal consequences. While the specific penalties for breaches are not detailed in the Regulations themselves, the broader legislative framework under which they operate may impose penalties. Typically, breaches of regulations under the Act could lead to civil or criminal sanctions, including fines or imprisonment, depending on the severity and nature of the violation. The exact penalties would be determined by the courts, considering the specific circumstances of the breach and any relevant legislative provisions.