Notice of intention to make a decision on a facility licence application - Application No. A0272

Overview

The Australian Radiation Protection and Nuclear Safety Act 1998 was enacted to ensure the safe use of radiation and the safe management of radioactive substances and nuclear material in Australia. The Act aims to protect the health and safety of people, and the environment, by regulating the use of radiation, radioactive substances and nuclear material. The Australian Radiation Protection and Nuclear Safety Agency, established under the Act, is responsible for the administration and enforcement of the regulatory framework. The policy objective of the Act is to promote the responsible and safe use of radiation and nuclear material in Australia while protecting public health and the environment. Pursuant to this Act, the CEO of the Agency intends to make a decision on a facility licence application submitted by the Australian Nuclear Science and Technology Organisation (ANSTO) for the construction of a 1 MV compact linear accelerator at the Centre for Accelerator Science, Lucas Heights Science and Technology Centre.

Scope and Application

The Australian Radiation Protection and Nuclear Safety Act 1998 applies to any person or entity involved in activities or operations that involve the use of radiation or nuclear substances within Australia. This includes the management and oversight of facilities that use such substances or equipment, such as the Australian Nuclear Science and Technology Organisation (ANSTO) in this instance. The Act's jurisdiction is national, governing the safe use of radiation and nuclear materials across the Commonwealth, states, and territories in Australia. The Act covers the licensing and regulation of facilities that use radiation or nuclear substances, including the construction and operation of new facilities, such as the Centre for Accelerator Science proposed by ANSTO. However, the Act may exclude certain activities or substances from its purview, such as those regulated by other federal or state legislation, and it may provide exemptions or thresholds for specific types of operations or materials. The application of the Act can be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the licensing requirements and safety standards that must be met.

Key Provisions

The Australian Radiation Protection and Nuclear Safety Act 1998 (the Act) governs the regulation of radioactive materials and facilities that emit radiation. In particular, section 32 (subsections 32(1) and 32(2)) of the Act requires the CEO of the Australian Radiation Protection and Nuclear Safety Agency to make a decision on an application for a facility licence. Sub-regulation 40(2) of the Australian Radiation Protection and Nuclear Safety Regulations 1999 further specifies the process for notifying the applicant of the CEO's intention to make a decision on the facility licence application. Under section 32(1) of the Act, the CEO must notify the applicant of the decision to be made, and under section 32(2), the CEO must provide the applicant with an opportunity to make submissions on the decision. The CEO is required to consider any submissions made by the applicant before making a decision on the application. The CEO's decision on the application must be in writing and include reasons for the decision. The Act imposes obligations and requirements on the parties or entities it governs. For example, the applicant for a facility licence must provide the CEO with all relevant information and documentation required under the Act and the regulations. The applicant must also comply with any conditions imposed on the licence by the CEO. The CEO is responsible for ensuring that the facility complies with the requirements of the Act and the regulations, including any conditions imposed on the licence. The CEO may also impose administrative penalties on the licensee if the facility does not comply with the requirements of the Act or the regulations. Failure to comply with the requirements of the Act or the regulations may result in offences, penalties, or civil/criminal consequences. For example, section 25 of the Act makes it an offence to contravene a direction given by the CEO under the Act or the regulations. The maximum penalty for this offence is $22,200 for an individual and $111,000 for a body corporate. Section 26 of the Act makes it an offence to contravene a condition of a licence or approval. The maximum penalty for this offence is $22,200 for an individual and $111,000 for a body corporate. In addition, section 27 of the Act makes it an offence to fail to comply with a requirement of the Act or the regulations. The maximum penalty for this offence is $11,100 for an individual and $55,500 for a body corporate. These penalties are in addition to any civil or criminal consequences that may arise from a breach of the Act or the regulations.