EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 115
Issued by Authority of the Parliamentary Secretary to the Minister for Health and Ageing
Australian Radiation Protection and Nuclear Safety Act 1998
Australian Radiation Protection and Nuclear Safety Amendment Regulations 2007 (No. 1)
The object of the Australian Radiation Protection and Nuclear Safety Act (the Act) is to protect the health and safety of people, and to protect the environment, from the harmful effects of radiation.
The statutory office of the Chief Executive Officer (CEO) of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is created under section 14 of the Act. The CEO is responsible for achieving the object of the Act which is to protect the health and safety of people and to protect the environment from the harmful effect of radiation.
Section 85 of the Act provides, in part, that the Governor‑General may make regulations required or permitted by the Act; or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Under the Act, the CEO is empowered to issue a facility licence to a controlled person authorising that controlled person to undertake one or more of the following otherwise prohibited activities in relation to a controlled facility: prepare a site for a controlled facility; to construct a controlled facility; to operate a controlled facility, to have possession or control of a controlled facility; to de-commission, dispose of or abandon a controlled facility.
Subsection 32(1) of the Act provides that the CEO may issue a licence to a controlled person authorising that controlled person to undertake an otherwise prohibited action, if the CEO is satisfied that the applicant has met the criteria contained in the Australian Radiation Protection and Nuclear Safety Regulations 1999 (the Principal Regulations).
An application for a licence must be in a form approved by the CEO and accompanied by such fee as is prescribed in the Principal Regulations. The Act requires that such an application must be accompanied by an application fee. The amount of an application fee is prescribed in the Principal Regulations.
The purpose of the Regulations is to amend the Principal Regulations to increase the amount of application fee that must accompany an application for a licence to possess and control a nuclear installation submitted to the CEO of APRANSA for his review and determination under the ARPANS Act.
ARPANS has undertaken a review of the amount of application fees payable. The review was conducted internally and based on experience gained by ARPANSA in the assessment of applications to site, construct and operate a nuclear reactor. The change to item 8 in schedule 3A of the Principal Regulations will increase the application fee from $21,000 to $105,000.
The increase in the fee represents the costs of the public submission process (which is prescribed by Regulation 40(3) and 41(3)(g) of the ARPANS Regulations) and the engagement of an international peer review team (to assist the CEO take into account international best practice in radiation protection and nuclear safety as prescribed by s32(3) in relation to the issue of a facility licence).
In accordance with Government policy expressed at the time of the passage of the Australian Radiation Protection and Nuclear Safety Bill these fee increases are as a result of the need for the regulatory function of the CEO of ARPANSA to be performed on a cost recovery basis. Recovery of the costs of regulation by ARPANSA through the setting and imposition of application fees and annual licence charges was the express intention of the Government.
This regulatory amendment impacts on only one organisation, the Australian Nuclear Science and Technology Organisation (ANSTO). ANSTO has been consulted about the amendment regulation. The Office of Best Practice Regulation has also been consulted and the Regulation Impact Analysis requirements of that office have been met.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
The regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2007 (No. 1) were enacted to amend the existing Principal Regulations, specifically increasing the application fee for a licence to possess and control a nuclear installation from $21,000 to $105,000. This amendment was introduced to address the need for the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) to operate on a cost recovery basis, reflecting the costs associated with the public submission process and international peer reviews required for such applications. The Australian Radiation Protection and Nuclear Safety Act 1998, enacted by the Commonwealth Parliament, established ARPANSA to protect health and safety from the harmful effects of radiation and created the statutory role of the Chief Executive Officer (CEO) responsible for achieving this objective. The policy objective of the Act is clearly stated as the protection of health, safety, and the environment from radiation hazards, and the amendment to the regulations ensures that ARPANSA can maintain its regulatory function effectively and efficiently.
Scope and Application
The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2007 (No. 1) pertain specifically to the Australian Radiation Protection and Nuclear Safety Act 1998 and are concerned with the regulation and licensing of controlled facilities and activities related to nuclear installations. The Act applies to controlled persons who wish to undertake activities such as site preparation, construction, operation, decommissioning, disposal, or abandonment of controlled facilities. These facilities include nuclear installations, which are subject to the Act's provisions for the protection of public health and the environment from the harmful effects of radiation. The Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is responsible for issuing facility licences to controlled persons, provided that the applicants meet the criteria outlined in the Australian Radiation Protection and Nuclear Safety Regulations 1999. The amendment regulations primarily affect the Australian Nuclear Science and Technology Organisation (ANSTO), which has been consulted regarding these changes. The amendment regulation increases the application fee for a licence to possess and control a nuclear installation from $21,000 to $105,000, reflecting the costs associated with the public submission process and the engagement of an international peer review team. This fee increase aligns with the government's policy of cost recovery for regulatory functions performed by ARPANSA.
Key Provisions
The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2007 (No. 1) principally amend the Australian Radiation Protection and Nuclear Safety Regulations 1999 by increasing the application fee for a licence to possess and control a nuclear installation from $21,000 to $105,000. This change is detailed in Schedule 3A of the Principal Regulations, Item 8. This amendment reflects the costs associated with the public submission process and the engagement of an international peer review team, which are necessary for the Chief Executive Officer (CEO) of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) to consider international best practices in radiation protection and nuclear safety (Section 32(3) of the Act). The application for such a licence must still be in a form approved by the CEO and accompanied by the prescribed fee, as required by the Principal Regulations.
The Act imposes specific obligations on parties seeking to undertake activities involving radiation, such as the preparation, construction, operation, possession, decommissioning, disposal, or abandonment of a controlled facility (Section 32(1)). A controlled person must ensure that their application for a licence to undertake these activities meets the criteria outlined in the Australian Radiation Protection and Nuclear Safety Regulations 1999. This includes submitting an application in the approved form and paying the required application fee, as stipulated in the Principal Regulations. The CEO of ARPANSA is responsible for reviewing these applications and determining whether to grant a licence, ensuring that the health and safety of people and the environment are protected from the harmful effects of radiation.
The Regulations establish a clear framework for the imposition of fees to cover the costs of the regulatory function performed by ARPANSA. This aligns with the government policy that the regulatory function should be performed on a cost-recovery basis. By increasing the application fee, the Regulations aim to ensure that the costs associated with the regulatory process, including public submissions and international peer reviews, are adequately covered. This approach is intended to maintain the integrity and effectiveness of the regulatory oversight provided by ARPANSA.
The Act and the Regulations impose penalties for non-compliance with the licensing requirements. While specific penalties are not detailed in the explanatory statement, breaches of the Act or Regulations could lead to civil or criminal consequences. Such consequences may include fines or imprisonment, depending on the severity of the breach and the provisions of the Act. The exact penalties would be determined in accordance with the relevant sections of the Act, ensuring that those who fail to comply with the regulatory requirements face appropriate repercussions.