Invitation to make submissions on applications for facility licences

Overview

The Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANSA Act) was enacted to ensure the protection of people, the community and the environment from the harmful effects of ionising radiation, and the safe and secure use of nuclear substances and facilities. The Act was introduced to address the need for stringent regulations governing the use of nuclear substances and facilities to prevent any potential harm to the public and the environment. The policy objective of the Act is to provide a regulatory framework that ensures the safe and secure use of nuclear substances and facilities while promoting their beneficial use. The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is responsible for the administration of the Act, and the Chief Executive Officer (CEO) of ARPANSA is tasked with making decisions on licence applications under the Act. In accordance with the ARPANSA Act, the CEO of ARPANSA invites public submissions on two licence applications from the Australian Nuclear Science and Technology Organisation. These applications relate to the construction of a purpose-built store for housing Intermediate Level Solid Radioactive Waste at the Lucas Heights Science and Technology Centre in New South Wales, and a facility for the production of Molybdenum-99 at the same location. The CEO of ARPANSA will consider the submissions received when deciding whether or not to grant the licences for these applications. Submissions can be emailed, faxed, or posted, and must be received by 12 June 2013. A community information session will be held on 16 May 2013 to provide further information about the applications.

Scope and Application

The Australian Radiation Protection and Nuclear Safety Act 1998 applies to entities and individuals seeking to engage in activities involving radiation or nuclear substances within Australia. Specifically, this legislation governs the licensing of facilities and activities that involve the use of nuclear substances, including the preparation of sites for nuclear installations and the construction of facilities for the production of radioactive materials. The Act's reach encompasses all Commonwealth areas and territories, ensuring a consistent regulatory framework across Australia. However, the Act excludes certain types of radioactive materials and activities, such as those involving naturally occurring radioactive material in small quantities or those regulated by other specific legislation. The Act also provides for the creation of subordinate instruments to further detail and refine the regulatory requirements, such as the Australian Radiation Protection and Nuclear Safety Regulations 1999, which outline the procedures for public submissions on licence applications. The CEO of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is responsible for processing these applications and will consider all public submissions when making decisions on whether to grant the licences.

Key Provisions

The key provisions of the legislation, as outlined in the Gazette (C2013G00696), focus on the process for considering applications for facility licences under the Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANSA Act). According to section 32 of the ARPANSA Act, the Chief Executive Officer (CEO) of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) will make decisions on two specific licence applications. The first application is by the Australian Nuclear Science and Technology Organisation for a licence to prepare a site for and to construct a nuclear installation being a purpose-built store for housing Intermediate Level Solid Radioactive Waste at the Lucas Heights Science and Technology Centre, New Illawarra Road, Lucas Heights, New South Wales. The second application is for a licence to prepare a site for a nuclear installation being a facility for the production of Molybdenum-99 at the same location (section 32). The Act imposes specific obligations and requirements on both ARPANSA and the applicants. ARPANSA is required to invite public submissions on the applications in accordance with Regulation 40 of the Australian Radiation Protection and Nuclear Safety Regulations 1999. This process ensures transparency and allows interested parties to contribute to the decision-making process. The CEO of ARPANSA must consider these submissions when deciding whether to grant the licences (Regulation 40). Additionally, the applicants must submit detailed information about their proposed installations, which ARPANSA will review to assess compliance with safety and regulatory standards. There are no explicit provisions within the text regarding offences, penalties, or civil/criminal consequences for breach in the context of this Gazette. However, it is implied that failure to comply with the regulatory requirements and processes could potentially lead to legal challenges or other consequences under the broader provisions of the ARPANSA Act and related regulations. These might include judicial review or other legal actions if the process is deemed to have been improperly conducted. The primary focus of the Gazette is to facilitate public participation in the licensing decision-making process.