Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
NUCLEAR FUEL CYCLE (FACILITATION) BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Bernardi)
NUCLEAR FUEL CYCLE (FACILITATION) BILL 2017
OUTLINE
The Nuclear Fuel Cycle (Facilitation) Bill 2017:
proposes
o removing the blanket prohibition on the Minister for Environment and
Energy considering applications relating to the construction or
operation of certain nuclear facilities as described in section 140A of
the Environment Protection and Biodiversity Conservation Act 1999,
by repealing that section; and
o removing the blanket prohibition on the construction or operation of
certain nuclear facilities as described in section 10 of the Australian
Radiation Protection and Nuclear Safety Act 1998, by repealing that
section; and
leaves unaffected
o the other elements of the Environment Protection and Biodiversity
Conservation Act 1999, pursuant to which the Minister would assess
any application to establish a facility previously named in the
repealed sections;
o state and territory powers to protect their citizens and the environment
from potential adverse radiation impacts; and
o the power vested in the Minister for Foreign Affairs to determine
whether or not to issue a permit under the Nuclear Non-Proliferation
(Safeguards) Act 1987 for such a proposed facility.
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause is a formal provision specifying that the short title of the Act may
be cited as the Nuclear Fuel Cycle (Facilitation) Act 2017.
Clause 2: Commencement
2. The Bill's provisions are to commence the day after the Act receives the
Royal Assent.
Clause 3: Schedules
3. Each Act specified in a Schedule to this Act is amended or repealed as is set
out in the applicable items in the Schedule. Any other item in a Schedule to
this Act has effect according to its terms.
1
Schedule 1 - Amendments
Item 1 - Australian Radiation Protection and Nuclear Safety Act 1998
4. This item repeals section 10 of the Australian Radiation Protection and
Nuclear Safety Act 1998 (the ARPANS Act) which provides that nothing in
the Act is to be taken to authorise the construction or operation of certain
nuclear installations.
The ARPANS Act regulates activities undertaken by Commonwealth entities
affecting radiation, to ensure that the health and safety of people, and the
environment, are protected from the harmful effects of radiation. Repeal of
section 10 does not affect the ability of the Minister and Australian Radiation
Protection and Nuclear Safety Agency to ensure those protections remain in
place.
Item 2 - Environment Protection and Biodiversity Conservation Act 1999
5. This item repeals section 140A of the Environment Protection and
Biodiversity Conservation Act 1999 (the EPBC Act) which provides that the
Minister must not approve an action consisting of or involving the
construction or operation of certain nuclear installations.
The EPBC Act provides for the protection of the environment, ecologically
sustainable development, biodiversity conservation and heritage protection
by giving the Commonwealth a role in regulating matters of national
environmental significance. Repeal of section 140A does not affect the
ability of the Minister and Department to ensure those protections remain in
place and that the other objects of the Act are respected.
2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
Nuclear Fuel Cycle (Facilitation) Bill 2017
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The Nuclear Fuel Cycle (Facilitation) Bill 2017:
proposes
o removing the blanket prohibition on the Minister for Environment and
Energy considering applications relating to the construction or
operation of certain nuclear facilities as described in section 140A of
the Environment Protection and Biodiversity Conservation Act 1999,
by repealing that section; and
o removing the blanket prohibition on the construction or operation of
certain nuclear facilities as described in section 10 of the Australian
Radiation Protection and Nuclear Safety Act 1998, by repealing that
section; and
leaves unaffected
o the other elements of the Environment Protection and Biodiversity
Conservation Act 1999, pursuant to which the Minister would assess
any application to establish a facility previously named in the
repealed sections;
o state and territory powers to protect their citizens and the environment
from potential adverse radiation impacts; and
o the power vested in the Minister for Foreign Affairs to determine
whether or not to issue a permit under the Nuclear Non-Proliferation
(Safeguards) Act 1987 for such a proposed facility.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights
issues.
Senator Bernardi
3