Environment Protection (Nuclear Codes) Repeal Regulations 2000 2000 No. 331
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 331
Issued by the Authority of the Parliamentary Secretary to the Minister for Health and Aged Care
Subject: Environment Protection (Nuclear Codes) Act 1978
Environment Protection (Nuclear Codes) Repeal Regulations 2000
Subsection 15(1) of the Environment Protection (Nuclear Safety) Act 1978 (the Act) provides that the Governor-General may make regulations prescribing, among other things, matters required or permitted by the Act and matters necessary or convenient for carrying out or giving effect to the Act.
The purpose of the Regulations is to repeal the Environment Protection (Nuclear Codes) Regulations made under the Act.
The repeal of the Environment Protection (Nuclear Codes) Regulations is a consequence of the repeal of the Act, the functions of which are now undertaken by the Australian Radiation Protection and Nuclear Safety Act 1998. Item 5 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act 1998, which repeals the whole of the Act, commenced on 5 February 2001.
The Regulations commenced on 4 February 2001.
Overview
The Environment Protection (Nuclear Codes) Repeal Regulations 2000, numbered 331, were enacted under the authority of the Parliamentary Secretary to the Minister for Health and Aged Care to facilitate the repeal of the Environment Protection (Nuclear Codes) Regulations, which were established under the Environment Protection (Nuclear Safety) Act 1978. This legislative action was necessary because the original Act was repealed, and its functions are now administered under the Australian Radiation Protection and Nuclear Safety Act 1998. The Regulations themselves were enacted to ensure that the repealed nuclear codes were no longer in effect, a consequence of the broader legislative reform which aimed to streamline and modernise nuclear safety regulations. The repeal was designed to align with the new legislative framework and improve the coherence and effectiveness of nuclear safety governance in Australia.
Scope and Application
The Environment Protection (Nuclear Codes) Repeal Regulations 2000 apply to the repealed Environment Protection (Nuclear Codes) Regulations made under the Environment Protection (Nuclear Safety) Act 1978, which have been superseded by the Australian Radiation Protection and Nuclear Safety Act 1998. These Regulations concern the repeal of the aforementioned regulations due to the overarching repeal of the original Act, which occurred through Item 5 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act 1998. The repealed regulations previously prescribed matters required or permitted by the Act and those necessary or convenient for carrying out or giving effect to the Act. The repeal was enacted to align with the functions now performed under the newer Act, and the Regulations themselves came into effect on 4 February 2001, one day before the commencement of the repeal of the original Act on 5 February 2001. This regulatory change ensures that the legislative framework governing nuclear safety and environmental protection in Australia is consistent and up-to-date.
Key Provisions
The Environment Protection (Nuclear Codes) Repeal Regulations 2000 (No. 331) are a set of statutory rules designed to repeal the previous Environment Protection (Nuclear Codes) Regulations made under the Environment Protection (Nuclear Safety) Act 1978 (the Act). The primary operative sections of these Regulations, as outlined in the explanatory statement, are those which provide the authority for the repeal of the previous regulations (section 15(1) of the Act). This repeal is necessitated by the complete repeal of the Act itself, effective from 5 February 2001, as stipulated in the Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act 1998. The Regulations themselves came into effect on 4 February 2001.
The Environment Protection (Nuclear Codes) Repeal Regulations 2000 impose specific obligations and requirements on entities and individuals governed by the repealed regulations. The main obligation is the cessation of the application of the previous regulations. This includes the cessation of any licensing, reporting, and compliance requirements that were previously mandated under the repealed regulations. Additionally, any references to the repealed regulations in existing agreements, permits, or other legal instruments are now void unless otherwise specified by the new legislation under the Australian Radiation Protection and Nuclear Safety Act 1998.
The Regulations do not introduce new offences or penalties but signify the end of the legal effect of the repealed regulations. Any ongoing obligations that were in place under the repealed regulations must now be managed under the provisions of the Australian Radiation Protection and Nuclear Safety Act 1998. While the repeal itself does not impose new penalties, failure to comply with the new regime may result in penalties under the new Act. These could include fines, imprisonment, or both, depending on the nature and severity of the breach. The exact penalties are detailed within the Australian Radiation Protection and Nuclear Safety Act 1998 and can vary based on the specific offence committed.