Declarations of Associated Equipment under subsection 4(1) of the Nuclear Non-Proliferation (Safeguards) Act 1987 (March 1987)

Administered by Department of Foreign Affairs and Trade

Legislation au F2005B01412 In force Legislative Instrument

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COMMONWEALTH OF AUSTRALIA

Nuclear Non-Proliferation (Safeguards) Act 1987

PURSUANT to sub-section 4 (1) of the Nuclear Non-Proliferation (Safeguards) Act 1987, I, GARETH EVANS, Minister for Resources and Energy, hereby declare that:

1.  The classes of equipment and plant which are ‘associated equipment’ for the purposes of that definition are:

(a)  Nuclear reactors:

Nuclear reactors capable of operation so as to maintain a controlled self-sustaining fission chain reaction, excluding zero energy reactors, the latter being defined as reactors with a designed maximum rate of production of plutonium not exceeding 100 grams per year, but reactors which could reasonably be capable of modification to produce significantly more than 100 grams of plutonium per year shall be not excluded.  Reactors designed for sustained operation at significant power levels, regardless of their capacity for plutonium production, are not considered as ‘zero energy reactors’.

A ‘nuclear reactor’ includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come into direct contact with or control the primary coolant of the reactor core.

(b)  Nuclear reactor pressure vessels:

Metal vessels, as complete units or major shop-fabricated parts therefor, which are especially designed or prepared to contain the core of a nuclear reactor as defined in 1 (a) above and are capable of withstanding the operating pressure of the primary coolant.

A top plate for a nuclear reactor pressure vessel is a major shop-fabricated part of a pressure vessel.

(c) Nuclear reactor internals:

Including, but not limited to, support columns and plates for the core and other vessel internals, control rod guide tubes, thermal shields, baffles, core grid plates, diffuser plates.

(d) Nuclear reactor fuel charging and discharging machines:

Manipulative equipment especially designed or prepared for inserting or removing fuel in nuclear reactors as defined in 1 (a) above capable of onload operation or employing technically sophisticated positioning or alignment features to allow complex off-load fuelling operations including those in which direct viewing of or access to the fuel is not normally available.

(e) Nuclear rector control rods:

Rods especially designed or prepared for the control of the reaction rate in a nuclear reactor as defined in 1 (a) above.

This item includes, in addition to the neutron absorbing part, the support or suspension structures therefor if supplied separately.

(f) Nuclear pressure tubes:

Tubes which are especially designed or prepared to contain fuel elements and the primary coolant in a nuclear reactor as defined in 1 (a) above at an operating pressure in excess of fifty atmospheres.

(g) Zirconium tubes:

Zirconium metal and alloys in the form of tubes or assemblies of tubes, especially designed or prepared for use in a nuclear reactor as defined in 1 (a) above and in which the relationship of hafnium to zirconium is less than 1 : 500 parts by weight.

(h) Primary coolant pumps:

Pumps especially designed or prepared for circulating liquid metal as primary coolant for nuclear reactors as defined in 1 (a) above.

(i) Plants for the reprocessing of irradiated fuel elements, and equipment especially designed or prepared therefore:

A ‘plant for the reprocessing of irradiated fuel elements’ includes the equipment and components which normally come in direct contact with and directly control the irradiated fuel and the major nuclear material and fission product processing streams. The following items of equipment are considered to fall within the meaning of the phrase ‘and equipment especially designed or prepared therefore’:

(A) Irradiated fuel element chopping machines: remotely operated equipment especially designed or prepared for use in a reprocessing plant as defined above and intended to cut, chop or shear irradiated nuclear fuel assemblies, bundles or rods; and

(B) Critically safe tanks (including small diameter, annular or slab tanks) especially designed or prepared for use in a reprocessing plant as defined above, intended for dissolution of irradiated nuclear fuel and which are capable of withstanding hot, highly corrosive liquid, and which can be remotely loaded and maintained.

(j) Plants for the fabrication of fuel elements:

A ‘plant for the fabrication of fuel elements’ includes the equipment:

(A) which normally comes in direct contact with, or directly processes, or controls, the production flow of nuclear material, or

(B) which seals the nuclear material within the cladding.

The whole set of items for the foregoing operations, as well as individual items intended for any of the foregoing operations, and for other fuel fabrication operations, including checking the integrity of the cladding or the seal, and the finish treatment to the sealed fuel.

(k)  Equipment, other than analytical instruments, especially designed or prepared for the separation of isotopes of uranium:

‘Equipment, other than analytical instruments, especially designed or prepared for the separation of isotopes or uranium’ includes each of the major items of equipment especially designed or prepared for the separation process. Such items include:

- gaseous diffusion barriers

- gaseous diffuser housings

- gas centrifuge assemblies, corrosion-resistant to UF6

- jet nozzle separation units

- vortex separation units

- large UF6 corrosion-resistant axial or centrifugal compressors

- special compressor seals for such compressors.

(l) Plants for the production of heavy water:

A ‘plant for the production of heavy water’ means a plant for the production of heavy water, deuterium and deuterium compounds and equipment especially designed or prepared therefor.

2. The classes of material which are ‘associated material’ for the purposes of that definition are:

(a) Deuterium and heavy water:

Deuterium and any deuterium compound in which the ratio of deuterium to hydrogen exceeds 1:5000, suitable for use in a nuclear reactor as defined in 1 (a) above.

(b)   Nuclear grade graphite:

Graphite having a purity level better than five parts per million boron equivalent and with a density greater than 1.50 grams per cubic centimetre.

Dated this 31st day of March 1987.

GARETH EVANS

Minister for Resources and Energy

 

Overview

The Nuclear Non-Proliferation (Safeguards) Act 1987 was enacted to prevent the proliferation of nuclear weapons and ensure that nuclear materials are used only for peaceful purposes. This Act was passed by the Parliament of Australia to provide a legislative framework for implementing international safeguards on nuclear materials and facilities within Australia. The policy objective of the Act is to uphold Australia's commitments under the Treaty on the Non-Proliferation of Nuclear Weapons and to contribute to global nuclear non-proliferation efforts by establishing robust safeguards on the use and movement of nuclear materials. The Act aims to regulate the handling, storage, and transport of nuclear materials to ensure they are not diverted for military purposes, thereby supporting international peace and security.

Scope and Application

The Nuclear Non-Proliferation (Safeguards) Act 1987 applies to various entities and individuals involved in the design, construction, operation, or reprocessing of nuclear reactors and associated equipment in Australia. This Act specifically governs the safeguarding of nuclear materials to prevent their proliferation, ensuring they are used solely for peaceful purposes. The Act extends its jurisdiction to cover all nuclear reactors, equipment, and materials within Australia, encompassing both governmental and private entities engaged in nuclear activities. It delineates particular types of nuclear equipment and materials, such as reactors, pressure vessels, control rods, and separation equipment, as "associated equipment" and "associated material" respectively. Notably, the Act excludes zero energy reactors and sets specific thresholds for the relationship of hafnium to zirconium in tubes designed for use in nuclear reactors. The application of the Act can be further refined or expanded through subordinate instruments, which may provide additional definitions, operational guidelines, or specific exclusions relevant to particular nuclear activities.

Key Provisions

The Nuclear Non-Proliferation (Safeguards) Act 1987, under the authority of section 4(1), delineates specific equipment and materials that are classified as ‘associated equipment’ and ‘associated material’ for the purposes of the Act. Section 1 outlines various types of nuclear reactors and their components, such as nuclear reactors (1(a)), nuclear reactor pressure vessels (1(b)), and nuclear reactor internals (1(c)). It also covers equipment for nuclear reactor operations like fuel charging and discharging machines (1(d)), control rods (1(e)), pressure tubes (1(f)), and primary coolant pumps (1(h)). Additionally, the Act identifies equipment and plants involved in the reprocessing of irradiated fuel elements (1(i)) and the fabrication of fuel elements (1(j)), along with equipment for isotope separation (1(k)) and heavy water production (1(l)). Section 2 defines ‘associated material’ as deuterium and heavy water (2(a)), and nuclear grade graphite (2(b)). The Act imposes specific obligations on parties and entities involved with the defined equipment and materials. They must ensure that such equipment and materials are subject to safeguards and controls as prescribed by the Act to prevent the diversion of these materials for non-peaceful purposes. This includes the requirement for entities to maintain records, report any changes in possession or location of the equipment or materials, and allow inspections by authorised personnel to verify compliance with the safeguards. Entities must also ensure that these materials and equipment are used strictly for peaceful nuclear activities as permitted under the Act. Violations of the Nuclear Non-Proliferation (Safeguards) Act 1987 can lead to significant legal consequences. The Act does not explicitly state specific offences or penalties within the provided text; however, generally, breaches of the Act can result in civil or criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness of non-compliance with nuclear safeguards. The exact penalties would be determined by the relevant court based on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.