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2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
ENVIRONMENT AND OTHER LEGISLATION AMENDMENT (REMOVING NUCLEAR ENERGY PROHIBITIONS) BILL 2022
EXPLANATORY MEMORANDUM
(Circulated by authority of
Senators Canavan, Antic, Cadell, Colbeck,
Fawcett, Nampijinpa Price, O’Sullivan, Rennick and Van)
ENVIRONMENT AND OTHER LEGISLATION AMENDMENT (REMOVING NUCLEAR ENERGY PROHIBITIONS) BILL 2022
OUTLINE
The Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2022
o removing the blanket prohibition on the Minister for Environment and Water declaring, approving, or considering actions relating to the construction or operation of certain nuclear facilities as described in sections 37J, 140A and 146M, and paragraph 305(2)(d) of the Environment Protection and Biodiversity Conservation Act 1999 , by repealing those provisions; 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Act 1999 , pursuant to which the Minister would assess any application to establish a facility previously named in the repealed provisions;
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. Clause 1 is a formal provision specifying that the short title of the Act is the Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Act 2022 .
Clause 2: Commencement
2. Clause 2 provides that the Bill’s provisions are to commence the day after the Act receives the Royal Assent.
Clause 3: Schedules
3. Clauses 3 provides that each Act specified in a Schedule to the Bill is amended or repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to the Bill has effect according to its terms.
Schedule 1 - Amendments
Item 1 - Australian Radiation Protection and Nuclear Safety Act 1998
4. Item 1 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.
Items 2 to 5
- Environment Protection and Biodiversity Conservation Act
1999
5. Item 2 repeals section 37J of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) which provides that th e Minister must not make a declaration relating to an action consisting of, or involving the construction or operation of, any of the following nuclear installations: (a) a nuclear fuel fabrication plant; (b) a nuclear power plant; (c) an enrichment plant; (d) a reprocessing facility.
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 37J
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.
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.
7. Item 4 repeals section 146M of the EPBC Act which provides that the Minister must not approve an action consisting of or involving the construction or operation of any of the following nuclear installations: (a) a nuclear fuel fabrication plant; (b) a nuclear power plant; (c) an enrichment plant; (d) a reprocessing facility.
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 146M 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.
8. Item 5 repeals paragraph 305(2)(d) of the EPBC Act which provides that the Minister must not enter into a conservation agreement unless satisfied that, in the case of a proposed agreement wholly or partly for the protection and conservation of the environment, in respect of the impact nuclear actions—the agreement does not relate to the construction or operation of any of the following nuclear installations: (a) a nuclear fuel fabrication plant; (b) a nuclear power plant; (c) an enrichment plant; (d) a reprocessing facility.
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 paragraph
305(2)(d) 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.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2022
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 Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2022:
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 provisions;
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.
Senators Canavan, Antic, Cadell, Colbeck, Fawcett, Nampijinpa Price, O’Sullivan, Rennick and Van