Notice of intention to make decision on Facility Licence Application - Application No. A0290

Overview

The Australian Radiation Protection and Nuclear Safety Act 1998 was enacted by the Parliament of Australia to establish a regulatory framework for the protection of people and the environment from the harmful effects of ionising radiation, and to ensure the safe use of nuclear substances and facilities. This Act was introduced to address the need for comprehensive regulation and oversight of radiation protection and nuclear safety in Australia, filling a gap in existing legislative provisions. The policy objective of the Act is to protect public health and safety, as well as the environment, from the risks associated with the use of ionising radiation and nuclear substances. The Act provides the Australian Radiation Protection and Nuclear Safety Agency with the authority to regulate and enforce compliance with radiation protection and nuclear safety standards. As part of its regulatory functions, the CEO of the Australian Radiation Protection and Nuclear Safety Agency has issued a notice of intention to make a decision on a facility licence application under sub-regulation 40(2) of the Australian Radiation Protection and Nuclear Safety Regulations 1999. In this instance, the CEO intends to make a decision on Application No. A0290 by the Australian Nuclear Science and Technology Organisation (ANSTO) to operate a prescribed radiation facility, known as SIRIUS, at the Centre for Accelerator Science at the ANSTO, Lucas Heights Science and Technology Centre, New Illawarra Road, Lucas Heights, NSW 2234. The prescribed radiation facility will consist of a 6 MV compact linear accelerator, and the decision will be made in accordance with section 32 of the Australian Radiation Protection and Nuclear Safety Act 1998.

Scope and Application

The Australian Radiation Protection and Nuclear Safety Act 1998 governs the regulation and oversight of radiation practices, nuclear activities, and the management of radioactive substances within Australia. This Act applies to entities and individuals involved in the use, handling, storage, and disposal of radioactive materials, nuclear facilities, and radiation apparatus. The Act extends its jurisdiction to all activities involving radiation and nuclear material within the Commonwealth of Australia, including territories, and it applies to both domestic and international entities operating within Australia. The Act mandates the issuance of facility licences for prescribed radiation facilities, ensuring that operations adhere to stringent safety and radiation protection standards. In the case of the facility licence application for the SIRIUS facility by ANSTO, the Act ensures that the operation of the 6 MV compact linear accelerator meets all regulatory requirements and safeguards. The application of the Act is enforced through subordinate instruments and regulations, such as the Australian Radiation Protection and Nuclear Safety Regulations 1999, which provide detailed procedural and operational guidelines for licence applicants and holders. While the Act provides for broad application, it does include certain exclusions and exemptions, such as activities specifically governed by other legislative instruments or where minimal radiation risk is involved.

Key Provisions

The main operative sections of the Australian Radiation Protection and Nuclear Safety Act 1998 (the "Act") relevant to the decision on the facility licence application (A0290) for the operation of a prescribed radiation facility (SIRIUS) include section 32 (which allows the CEO of the Australian Radiation Protection and Nuclear Safety Agency to make a decision on a licence application) and section 40(2) of the Australian Radiation Protection and Nuclear Safety Regulations 1999 (which mandates the notice to be given before making a decision on the licence application). These provisions ensure transparency and procedural fairness in the decision-making process for granting or refusing a facility licence. The obligations imposed by the Act on the parties involved, particularly the CEO of the Australian Radiation Protection and Nuclear Safety Agency and the applicant, Australian Nuclear Science and Technology Organisation (ANSTO), include providing adequate notice to the public and stakeholders before making a decision on the licence application. This notice, as stipulated in regulation 40(2), aims to ensure that all relevant parties have the opportunity to review and respond to the proposed decision. For ANSTO, the obligations include providing all necessary information and documentation required by the Act and the regulations to demonstrate compliance with the safety and operational standards for the prescribed radiation facility. Breaches of the obligations set out in the Act and the regulations can lead to both civil and criminal consequences. Under the Act, failure to comply with the notice requirements can result in the decision-making process being deemed invalid, potentially leading to legal challenges and delays. In terms of criminal liability, any individual or entity found to have intentionally or recklessly failed to comply with the safety standards and regulations can face substantial penalties. The maximum penalties for offences under the Act include fines of up to $1.65 million for individuals and $8.25 million for corporations, along with potential imprisonment for serious breaches. Such stringent penalties underscore the importance of strict adherence to the legislative requirements for the safe operation of radiation facilities in Australia.