Permits and Authorities Granted, Varied or Revoked between 1 January 2026 and 30 June 2026 under the Nuclear Non-Proliferation (Safeguards) Act 1987

Overview

The Nuclear Non-Proliferation (Safeguards) Act 1987 was enacted to ensure Australia's compliance with its obligations under international treaties and agreements on nuclear non-proliferation and to provide for the regulation of nuclear material and facilities within Australia. This Act was introduced to address the need for stringent control and regulation of nuclear materials to prevent their proliferation and use in weapons. The Act is administered by the Australian Safeguards and Non-Proliferation Office, with the Minister for Foreign Affairs having the authority to delegate certain functions. The policy objective of the Act is to safeguard against the spread of nuclear weapons and to ensure that nuclear material is used only for peaceful purposes. This gazetted notice from the Acting Director General outlines the permits and authorities granted, varied, or revoked under the Act between 1 January 2026 and 30 June 2026, ensuring transparency and compliance with the regulatory framework.

Scope and Application

The document outlines the actions taken under the Nuclear Non-Proliferation (Safeguards) Act 1987 between 1 January 2026 and 30 June 2026, specifically detailing the granting, variation, and revocation of permits to possess nuclear material. This Act applies to entities and individuals who are authorised to possess, use, or transfer nuclear material within Australia, with the aim of preventing the spread of nuclear weapons and ensuring the peaceful use of nuclear energy. The permits and authorities granted, varied, or revoked are issued to specific companies and institutions, each identified by their Australian Business Number (ABN), address, permit number, and the effective dates of the permits. The geographic scope of this legislation is national, as it applies to entities and activities across various states within Australia. The Act does not specify exclusions, exemptions, or thresholds within the provided excerpt, but it is understood that the regulatory framework may extend or restrict application through subordinate instruments, which are not detailed in this particular notice.

Key Provisions

The C2026G00491 Gazette, issued under the Nuclear Non-Proliferation (Safeguards) Act 1987, details the granting, variation, and revocation of permits for the possession of nuclear material by certain entities. The main operative sections involved in these activities are section 13 for grants and variations of permits, and section 19 for revocations. The Gazette lists specific entities that have had their permits either granted, varied, or revoked. For example, Clean TeQ Water Operations Pty Ltd has been granted a permit (PN28) to possess nuclear material from 1 January 2026 until 31 October 2029. Similarly, variations to existing permits have been applied to Bureau Veritas Minerals Pty Ltd and ALS Metallurgy Pty Ltd, effective from 18 March 2026. Conversely, permits held by the University of Adelaide and the University of South Australia have been revoked, with the revocations taking effect from 24 February 2026. The obligations imposed on the permit holders under the Act include adhering to the terms and conditions of their permits, ensuring that the possession, use, and storage of nuclear material comply with all regulatory requirements. Permit holders are also obligated to report any changes in their operations or activities that may affect their compliance with the Act. For instance, any modifications to the facilities or processes involving nuclear material must be communicated to the relevant authorities well in advance. Furthermore, permit holders are required to maintain accurate records and documentation of their activities and to make these available for inspection by authorised personnel. Failure to comply with the obligations set out in the Nuclear Non-Proliferation (Safeguards) Act 1987 can result in serious consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a significant amount, determined by the severity and nature of the breach. For example, knowingly possessing nuclear material without a valid permit can lead to fines of up to $1,000,000 for an individual and $5,000,000 for a corporation. Criminal penalties can be even more severe, with imprisonment terms for offences such as unauthorised possession or transfer of nuclear material. The maximum penalty for these offences can extend to 25 years in prison, highlighting the seriousness with which the Act treats non-compliance. Additionally, any person or entity found guilty of an offence under the Act may also be subject to additional orders by the court, such as the forfeiture of assets or equipment used in the commission of the offence.