nuclear-news

The Australian Opposition Party says its nuclear plants will run for 100 years. What does the international experience tell us?

The average age of an active nuclear reactor worldwide is about 32 years – and a live plant reaching even 60 has ‘never happened’, an expert says

Peter Hannam, Mon 24 Jun 2024  https://www.theguardian.com/australia-news/article/2024/jun/24/coalition-nuclear-policy-peter-dutton-power-plants-100-years-run-time

The federal Coalition’s pledge to build nuclear reactors on seven sites in five states if elected has continued to raise questions this week.

Ted O’Brien, the shadow energy minister, says the plants can operate for between 80 and 100 years, providing “cheaper, cleaner and consistent 24/7 electricity” compared with renewables.

That claim comes despite the CSIRO’s Gencost report estimating each 1-gigawatt nuclear plant could take 15-20 years to build and cost $8.4bn. The first may be double that given the high start-up costs.

But what does the state of the nuclear energy internationally tell us about the Coalition’s proposal?

What is the state of the global nuclear industry?

The world opened five nuclear reactors last year and shut the same number, trimming 1GW of capacity in the process, says Mycle Schneider, an independent analyst who coordinates the annual world nuclear industry status report.

During the past two decades, it’s a similar story of 102 reactors opened and 104 shutting. As with most energy sources, China has been the biggest mover, adding 49 during that time and closing none. Despite that burst, nuclear provides only about 5% of China’s electricity.

Last year, China added 1GW of nuclear energy but more than 200GW of solar alone. Solar passed nuclear for total power production in 2022 while wind overtook it a decade ago.

“In industrial terms, nuclear power is irrelevant in the overall global market for electricity generating technology,” he says.

As for small modular reactors, or SMRs,nobody has built one commercially. Not even billionaire Bill Gates, whose company has been trying for 18 years.

The CSIRO report examined the “contentious issue” of SMRs, and noted that one of the main US projects, Utah Associated Municipal Power Systems, was cancelled last November. Even then, its estimated costs in 2o2o of $18,200/kiloWatt, or more than double that of large-scale plants at $8,655/kW (in 2023 dollars).

“In late 2022 UAMPS updated their capital cost to $28,580/kW citing the global inflationary pressures that have increased the cost of all electricity generation technologies,” CSIRO said. “The UAMPS estimate implies nuclear SMR has been hit by a 57% cost increase which is much larger than the average 20% observed in other technologies.”

So at least some nations are still building large reactors?

Of the 35 construction starts since 2019, 22 were in China and the rest were Russian-built in various nations. Russia sweetens its deals by agreeing to handle the waste from the plants it builds.

“The US has blacklisted CGN and CNNC, which are the two major [Chinese] state-owned nuclear companies [in China] that could respond to an international call for tender,” Schneider says. “So could you imagine that Australia would hire a Chinese company under those conditions to build nuclear reactors?”

Aren’t allies like France an option?

France’s EDF was a poster child for the industry, not least because nuclear provides almost two-thirds of the country’s electricity. However, the firm has €54.5bn ($88bn) debt and hasn’t finished a plant since 2007.

Construction of its Hinkley Point C plant in the UK – two giant, 1.63GW units – began in 2018, aiming for first power from 2025. Rounds of delays now mean it might not fire up until 2031 and the costs may approach $90bn when it is complete.

South Korea’s Kepco has been active too, building the 5.6GW Barakah plant in the United Arab Emirates. As Schneider’s report notes, the UAE “did not agree” to the disclosure of cost, delays or impairment losses.

That Kepco debt totals an astonishing $US154bn ($231bn) is perhaps “a slight indication that they cannot have made tonnes of money in the UAE”, Schneider says.

The 4.5GW Vogtle plant reached full capacity in April, making it the US’s largest nuclear power station. Its first two units exceeded $US35bn, with the state of Georgia’s Public Service Commission saying cost increases and delays have “completely eliminated any benefit on a lifecycle costs basis”.

Can these plants really run 80-100 years?

Of the active 416 nuclear reactors, the mean age is about 32 years. Among the 29 reactors that have shut over the past five years, the average age was less than 43 years, Schneider says.

There are 16 reactors that have been operating for 51 years or more. “There is zero experience of a 60-year-old operating reactor, zero. It never happened. Leave alone 80 years or beyond,” he says. (The world’s oldest, Switzerland’s Beznau, has clocked up 55 years with periods of outages.)

CSIRO’s report looked at a 30- or 40-year life for a large nuclear plant as there was “little evidence presented that private financing would be comfortable” with risk for any longer.

As plants age, maintenance costs should increase, as they have in France. That’s not the case in the US, though, with declining investment in the past decade even as the average reactor age has jumped from 32 to 42 years.

“You have two options as to the outcome: either you hit an investment wall, so you have to have massive investments all over the place at the same time, or you get a very serious safety or security problem somewhere,” Schneider says.

US plants have been running an “incredible” 90% of the time over the past decade. Compare that with France’s load factor in 2022 of just 52%, he says.

“The best offshore wind farms in Scotland have a five-year average load factor of 54%.”

June 26, 2024 Posted by Christina Macpherson | AUSTRALIA, politics | Leave a comment

Australia’s Opposition leader Dutton’s plan to nuke Australia’s renewable energy transition explained in full

Giles Parkinson, Jun 21, 2024,   https://reneweconomy.com.au/duttons-plan-to-nuke-australias-renewable-energy-transition-explained-in-full/

Opposition leader Peter Dutton has outlined his plan to bring the renewable energy transition in Australia to a halt, keep coal fired power stations open, build more gas and use taxpayer funds to build nuclear power plants in the 2030s and 2040s – if the Coalition wins the next election.

Here is an explanation of the plan as far as we know it.

What are the details?

There are not many, because the nuclear “policy” has been released in a one page press release. The Coalition says it wants to build seven nuclear power plants – all at the site of current or former coal fired power stations – in five states. It favours a mix of small modular reactors and large-scale nuclear. It wants the first reactor built by 2035.

Where exactly will they be built?

Two sites in NSW (Liddell in the Hunter and Mt Piper near Lithgow), two in Queensland (at the Tarong and Callide power plants), one in Victoria (Loy Yang in the Latrobe Valley), one in South Australia (Port Augusta), and one in Western Australia (Collie).

Are the site owners OK with that?

No, they say they haven’t been consulted and they say they have their own multi-billion dollar plans to build clean energy and industrial hubs. AGL CEO Damien Nicks says: “There is no viable schedule for the regulation or development of nuclear energy in Australia, and the cost, build time and public opinion are all prohibitive. ” However, the Coalition says if the site owners do not co-operate they will compulsory acquire the land needed.

Which technology will the Coalition use?

It’s not clear. Dutton wants to build small nuclear reactors at two sites, in South Australia and W.A. But SMRs do not exist yet, none have planning approval, and none even have licences to be built anywhere in the western world. Of the two large scale nuclear technologies cited, one (APR1400) has not been ordered anywhere in the world outside South Korea for 15 years. The other, the AP1000, sent its maker Westinghouse bankrupt in 2017 and was the technology used in the Vogtle reactor in the US whose massive delays and cost overruns might make it the last ever built in that country.

When is the timeline for the Coalition nuclear build?

The Coalition wants the first SMR up and running by 2035, and the first large-scale nuclear plant by 2037, with the rest in the 2040s.

Is that realistic?

No. SMRs – for all intents and purposes – haven’t been invented yet. There is no design in any western country that has even been licensed, let alone been given approvals or started construction. Globally, the industry is hopeful of getting the first up by the end of the decade. Even Canada, with a well established nuclear industry and an available site, says it is unlikely to have the second SMR up and running by 2035.

The timelines for large-scale nuclear are even longer. All four projects built or under construction in the last three decades in the US, France, Finland and the UK have suffered massive delays and cost over-runs. Australia has no regulatory platform, and no existing industry, apart from the small reactor at Lucas Heights in Sydney. Even pro-nuclear advocates like former chief scientist Alan Finkel say nuclear cannot realistically be delivered in Australia until the 2040s.

What are the costs?

The Coalition hasn’t said anything about costs, which is not surprising. SMRs have not been built and the only one that got close was cancelled by its would-be customers because it would have been hideously expensive. The Coalition’s timeline of 2035 means it wants to be an early adopter. The CSIRO puts the costs at more than $600/MWh, which might be palatable for a technology used only rarely for evening peaks, but such a price for “always on” power would be insane.

Would it lead to lower bills?

All Australian and international studies show that the Coalition’s choice of technologies – nuclear, gas and carbon capture – are by far the most expensive. See CSIRO, AEMO, Lazard, and BloombergNEF. Energy analysts say the growing reliance on gas power while renewables are stopped and coal kept on line would lead to soaring prices and an extra $1,000 on annual bills for the average household. The nuclear rollout will be entirely funded and subsidised by the taxpayer, which means that – as in France, Ontario and elsewhere – the costs of nuclear would be borne by the government and hidden from consumer bills.

What would happen to emissions?

Emissions will rise significantly if the Coalition puts its plan into action. One study suggests it would result in some 2.3 billion tonnes of additional carbon emissions over the Australian Energy Market Operator’s step change scenario.

What about Australia’s obligations to the Paris climate treaty?

The Coalition has made clear it will not seek to meet the current interim target of a 43 per cent cut in emissions. That means it is effectively ignoring the climate treaty, which requires no back-tracking on committed targets.

What about the net zero by 2050 target?

The Coalition says it still intends to meet that – but, by stopping wind and solar and building more gas, that target looks impossible under their plan.

The Coalition says the sites were chosen because they will not need new transmission. Is that true?

No. The site owners have their own plans. In Port Augusta, for instance, the grid capacity has already been mostly taken up by new wind, solar and batteries. “The myth that a nuclear reactor could just plug into the old Pt Augusta coal power station transmission lines is not true,” says South Australia energy minister Tom Koutsanstonis. “The transmission lines are already nearly full from new renewables. In truth, a nuclear reactor at Pt Augusta would need new transmission lines, the exact thing the LNP are complaining about.” And the large-scale nuclear reactors cited by Dutton will be twice the size of any existing unit in Australia, so it will need more grid infrastructure, and also more “back-up” in case those units fail.

The Coalition says the market operator has warned that the reliance on wind and solar will mean the lights will go out. Is that true?

No. The Australian Energy Market Operator says the biggest threat to energy reliability and security is the failure of ageing and increasingly unreliable coal fired generators.

The Coalition says wind and solar cannot power modern economies and businesses. Is that true?

No. The owners of Australia’s biggest smelters and refineries, including Rio Tinto and Ark Energy, are contracting multiple gigawatts of wind and solar to power their assets. South Australia says it has been flooded with inquiries from business with more than 2 GW of energy demand seeking to move to the state to access cheap wind and solar.

The Coalition says wind and solar cannot provide more than 10 per cent of the energy mix without causing problems. Is that true?

No. South Australia already enjoys a 75 per cent share of wind and solar, and the isolated W.A. grid has had 36 per cent wind and solar over the past year. The market operator says instantaneous levels of 100 per cent should be achieved in coming years.

The Coalition says the Labor government wants to build 28,000 km of new transmission lines by 2030. Is that true?

No. The market operator’s system plan envisages just over 5,000 km by 2030, one third of which have already been built, and some of the rest needed by growth in population and industry. The 28,000 km number comes from the “green export superpower” scenario and is for 2050. That assumes a switch from fossil fuel exports to green industries (steel, power, ammonia), and would likely be required whatever the technology.

Isn’t nuclear banned in Australia?

Yes, at federal and state levels. If the Coalition wants to repeal the laws it will need to get it through both houses of parliament, and who knows where the numbers will be after the next election, with the two-party preferred polls even stevens and any number of independents and minor parties also likely to emerge.

Do the states want nuclear?

No. The Labor governments in Queensland, NSW and Victoria have state laws against nuclear and intend to keep them. LNP Opposition leader David Crusafulli, favoured to take power in Queensland’s election in October, is also against nuclear. State governments in Western Australia, South Australia and even the Liberals in Tasmania are also opposed to nuclear, but legal experts say if the Commonwealth pulls rank, it is heading for the courts.

What if local communities object?

Nationals leader David Littleproud has spent the last few years defending the right of communities to oppose wind, solar, battery and transmission projects, and has demanded a pause and a “re-set.” But he says the Coalition will brook no opposition to its nuclear plans. If local communities don’t like it, tough luck. “We need strong leadership in this country, to have the courage of its convictions, to follow through and to make the tough calls in the national interest,” he told the ABC.

What will be the future of large-scale renewables under a Coalition government?

If the Coalition wins power, it won’t be good. Littleproud wants them stopped, and has vowed to rip up contracts written by the Commonwealth under the Capacity Investment Scheme, which could have 12 GW of capacity lined up over the next 12 months. States may plough on, but will face roadblocks and vetoes on projects. Investors say they need certainty.

So what is the real strategy here?

It’s pretty clear that the strategy is less about building nuclear and more about stopping renewables and protecting the fossil fuel industry, something that the Coalition has not been shy about for the last two decades. It will lead to higher costs, more emissions, squandered industry opportunities, and make the grid less reliable.

Will the strategy work?

Quite possibly. To people in the industry, pushing nuclear and walking away from Australia’s low cost wind and solar resources is nuts – from an engineering, economic and environmental point of view. But 95 per cent of people do not know, and are not interested in, the fine details of the complex energy system. They just want cheap power and the lights to stay on.

And to many of them the Coalition’s fear mongering may sound entirely plausible, particularly when the obvious misinformation is not contradicted by mainstream media – with a few notable exceptions such as The Guardian. See Trump, see Aboriginal voice referendum.

The fossil fuel industry is funding a massive campaign on social media to share simple and effective stories that make nuclear sound sensible and wind and solar as madness. They didn’t just think of this yesterday. If the renewable energy industry and Labor are not careful, they will lose this battle for hearts and minds.

Wow, that was exhausting. Do you need a lie down?

Yes.

June 23, 2024 Posted by Christina Macpherson | AUSTRALIA, politics | Leave a comment

   Australia’s Opposition leader Peter Dutton launches highly personal attack on Prime Minister Albanese, calling him ‘a child in a man’s body’ while spruiking his new nuclear direction.

• Peter Dutton addressed party faithful in Sydney
• Painted PM Albanese as weak leader

By MICHAEL PICKERING FOR DAILY MAIL AUSTRALIA and WILLIAM TON and ANDREW BROWN FOR AUSTRALIAN ASSOCIATED PRESS, 22 June 2024

Opposition Leader Peter Dutton told Liberal Party faithful Prime Minister Anthony Albanese was ‘a child in a man’s body’ in a highly personal attack on Saturday. 

Mr Dutton spoke to a federal council meeting of Liberal Party politicians, administrators and members in Sydney in which he painted Mr Albanese as ‘weak’ and a leader who told people ‘what they want to hear, not what needs to be said’. 

‘He’s a man with a mind still captured in his university years; he’s a child in a man’s body,’ Mr Dutton said………. The opposition leader has cast the next federal election as defining Australia’s ‘future and fate’ with voters to decide the nation’s path forward on energy.

Australians will decide their energy future at the next election, says the opposition leader while slamming the government’s ‘reckless’ renewables policy and spruiking his nuclear pledge.

‘The next election will not only define the next political term, it will define the future and fate of this nation,’ he said.

Voters will have to choose the path they want to take including the nation’s energy future amid soaring power costs, Mr Dutton said.

‘A choice between Labor’s reckless renewables-only policy that will see the energy bills of Australians soar even more,’ he said.

‘Or the coalition’s plan for cheaper, cleaner and consistent energy, which includes our visionary plan to become a nuclear-powered nation and to do the right thing by the environment.’

It follows the coalition on Wednesday unveiling plans for seven nuclear reactors across five states on the sites of coal-fired power stations, should it win government.

The plan prompted safety concerns in regional areas where the reactors are due to be built, as well as criticism over the coalition not releasing any costings.

Prime Minister Anthony Albanese was panned for adhering to ‘unachievable’ renewable emissions targets, which the opposition said are blowing the budgets of Australians.

‘He’s more interested in appeasing the international climate lobby than sticking up for the interests of everyday Australians,’ Mr Dutton said.

‘I will be someone who doesn’t shirk the hard and necessary decisions which must be made in our national interest in these tough and precarious times.’

Opposition frontbencher Paul Fletcher dismissed fears the nuclear policy could make metropolitan electorates harder to win at the next election, saying it demonstrated the party’s commitment to achieving net zero by 2050.

The coalition faced significant challenges at the 2022 federal election in blue-ribbon, inner-city seats from teal independents, who pledged greater action on climate change.

While the reactors would be built in regional locations, Mr Fletcher said those in inner city areas would also embrace the idea of nuclear.

Under the plan, it would take until 2035 to 2037 at the earliest for the first facility to be built.

Assistant Climate Change and Energy Minister Jenny McAllister hit out at the nuclear policy which she said was expensive and risky.

‘Today Peter Dutton could’ve answered the many questions Australians have about his risky nuclear plan but all they got was more of the same nasty negativity and politics,’ she said.

‘Peter Dutton demands a mature debate but instead launches personal attacks. Peter Dutton demands lower power prices but opposes energy price relief and is unable or unwilling to say how much his nuclear plans will cost Australian taxpayers.

‘Australians deserve better.’

June 23, 2024 Posted by Christina Macpherson | AUSTRALIA, politics | Leave a comment

Australia’s Opposition leader Peter Dutton refuses to answer key questions about his nuclear power plan

Key question Peter Dutton refuses to answer about his nuclear power plan

• Peter Dutton refused to answer question
• He was probed about nuclear power policy

By NCA NEWSWIRE and ELEANOR CAMPBELL FOR NCA NEWSWIRE, 16 June 2024  https://www.dailymail.co.uk/news/article-13534571/Key-question-Peter-Dutton-refuses-answer-nuclear-power-plan.html

Peter Dutton has again refused to reveal key details on the Coalition’s nuclear power policy, declaring he would consider announcing his alternative 2035 emissions reduction goal if the government released modelling on interim climate targets.

In a fiery interview on Sunday with Sky’s Sunday Agenda host Andrew Clennell, the federal Opposition Leader became defensive after being pressed to reveal the locations and costings of his six proposed nuclear power plants.

Mr Dutton said he would reveal the opposition’s energy plan within ‘weeks’ in March but again declined to spell out the full details of his vision for Australia’s energy transition.

‘What we’ve said, the sites that we’re looking at are only those sites where there’s an end-of-life coal-fired power stations,’ he told Sky on Sunday.

‘One of the main reasons is that people in those communities know that they’re going when coal goes and we have the ability to sustain heavy industry, we have the ability to keep the lights on.’

A recent report from peak scientific body CSIRO suggested that building a large-scale nuclear power plant in Australia would cost at least $8.5bn and take at least 15 years to deliver.

The Coalition has refused to confirm reports of the locations of up to seven proposed power sites, which according to speculation, include sites in two Liberal-held seats and four or five Nationals-held seats.

Potential sites include the Latrobe Valley and Anglesea in Victoria, the Hunter Valley in NSW, Collie in WA, Port Augusta in South Australia, and potentially a plant in the southwest Queensland electorate of Maranoa, held by Nationals leader David Littleproud.

When pressed on the locations of the sites, Mr Dutton responded: ‘We’ve said that we’re looking at between six and seven sites, and we’ll make an announcement at the time of our choosing, not of Labor’s choosing.’

When asked if a power plant would be placed on each of the unspecified sites, Mr Dutton did not answer directly, saying only that he would consider output and environmental impact.

The Opposition Leader was then asked if the plants would be government subsidised, and responded by saying all power sources, other than coal, receives funding.

‘We’ll make an announcement in due course, but I just make the point that wind and solar don’t work without government subsidy,’ he said.

Mr Dutton also came under scrutiny this week after revealing he would oppose a legislated 2030 carbon emissions target at the next election.

Asked directly if he would consider a 2035 interim reduction target, which would be legally required under the 2015 Paris agreement, the Liberal leader said he would ‘take advice’ from the treasury before changing climate legislation, citing concerns about the nation’s economic situation

‘I think we have a look at all of that information and if there were settings we need to change … it doesn’t mean exiting Paris or walking away from our clear commitment to be net zero by 2050,’ he said.

Mr Dutton was asked for a second time if he would set a 2035 target, but again spoke at length about cost of living pressures facing the country.

Trade Minister Don Farrell said Mr Dutton’s comments were ‘outrageous’ and argued watered down climate commitments would damage Australia’s standing with its international allies.

‘It’s beyond the pale to be perfectly honest,’ Mr Farrell said on Sunday.

‘We went to the last election committing to a 2030 target and despite what Mr Dutton might say, we’re on track to meet that target.’

June 17, 2024 Posted by Christina Macpherson | AUSTRALIA, politics | Leave a comment

Summary of Australian federal and state/territory nuclear/uranium laws and prohibitions

Current prohibitions on nuclear activities in Australia: a quick guide

From Jim Green, 30 May 2024

https://www.aph.gov.au/About_Parliament/Parliamentary_departments/Parliamentary_Library/pubs/rp/rp2324/Quick_Guides/NuclearActivitiesProhibitions
PDF Version [564KB]
Dr Emily Gibson
Science, Technology, Environment and Resources; Law and Bills Digest Sections
This quick guide provides an overview of current prohibitions on nuclear activities under Commonwealth, state and territory laws. It considers the primary legislation most relevant to current policy debates about domestic nuclear energy only and consequently does not consider recent changes to Commonwealth law to facilitate Australia’s acquisition of conventionally-armed, nuclear-powered submarines under the AUKUS partnership.[1] It also does not include consideration of Australia’s international obligations in respect of nuclear activities, including the safeguarding of nuclear materials and the non-proliferation of nuclear weapons.

If a domestic nuclear energy industry were to progress, it is expected that a comprehensive framework for the safety, security and safeguarding of the related nuclear material would need to be legislated to accommodate such an industry.[2] Consideration of these issues is beyond the scope of this paper.

What are nuclear activities?

A nuclear activity is any process or step in the utilisation of material capable of undergoing nuclear fission; that is, any activities in the nuclear fuel cycle.[3] Nuclear activities therefore include:

• mining of nuclear or radioactive materials such as uranium and thorium milling, refining, treatment, processing, reprocessing, fabrication or enrichment of nuclear material  
• the production of nuclear energy 
• the construction, operation or decommissioning of a mine, plant, facility, structure, apparatus or equipment used in the above activities
• the use, storage, handling, transportation, possession, acquisition, abandonment or disposal of nuclear materials, apparatus or equipment.

Prohibitions on nuclear activities

Commonwealth

Nuclear activities are regulated under the Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act) and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Australian Radiation Protection and Nuclear Safety Act 1998

The ARPANS Act establishes a licensing framework for controlled persons (including a Commonwealth entity or a Commonwealth contractor) in relation to controlled facilities (a nuclear installation, a prescribed radiation facility, or a prescribed legacy site).[4] A nuclear installation includes a nuclear reactor for research or the production of radioactive materials for industrial or medical use, and a radioactive waste storage or disposal facility with an activity that is greater than the activity level prescribed by the Australian Radiation Protection and Nuclear Safety Regulations 2018.[5]

The ARPANS Act allows the CEO of the Australian Radiation Protection and Nuclear Safety Agency   (ARPANSA) to issue licences for controlled facilities.[6] In issuing a facility licence, the CEO ‘must take into account the matters (if any) specified in the regulations, and must also take into account international best practice in relation to radiation protection and nuclear safety’.[7]

However, subsection 10(2) of the Act expressly prohibits the CEO from granting a licence for the construction or operation of any of the following nuclear installations: a nuclear fuel fabrication plant; a nuclear power plant; an enrichment plant; or a reprocessing facility.[8] This prohibition does not appear to apply to a radioactive waste storage or disposal facility.

Environment Protection and Biodiversity Conservation Act 1999

The EPBC Act establishes 9 matters of national environmental significance (MNES) and provides for the assessment and approval of these actions if the action has, will have, or is likely to have a significant impact on the MNES.[9] ‘Nuclear actions’ are one of the MNES.[10] Where a nuclear action is determined to be a controlled action (that is, one likely to have a significant impact and requiring assessment and approval under the Act), the assessment considers the impact of a nuclear action on the environment generally (including people and communities).[11]

The Act establishes offences for the taking of nuclear actions in those circumstances.[14]

Similarly, the Act provides that a relevant entity (as set out below) must not take an action (including a nuclear action) unless a requisite approval has been obtained under Part 9 of the Act or a relevant exception applies:

• a person must not take a relevant action on Commonwealth land that has, will have or is likely to have a significant impact on the environment[15]   
•  a person must not take a relevant action outside Commonwealth land if the action has, will have or is likely to have a significant impact on the environment on Commonwealth land[16]  
• the Commonwealth or a Commonwealth agency must not take inside or outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the environment inside or outside the Australian jurisdiction.[17]

The Act establishes offences and civil penalty provisions for the taking of an action in those circumstances.[18]

Subsection 140A(1) prohibits the Minister for the Environment from granting an approval for a nuclear action relating to specified nuclear installations. These installations are a nuclear fuel fabrication plant, a nuclear power plant, an enrichment plant, and a reprocessing facility.

Potential reform of the nuclear action trigger

The second independent review of the EPBC Act, completed in October 2020 by Professor Graeme Samuel (Samuel Review), recommended that the nuclear actions MNES be retained.[19] The review recommended that ‘the EPBC Act and the regulatory arrangements of [ARPANSA] should be aligned, to support the implementation of best-practice international approaches based on risk of harm to the environment, including the community’.[20]

In 2022, the Government’s Nature Positive Plan adopted this approach and stated, ‘[a] uniform national approach to regulation of radiation will be delivered through the new National Environmental Standards’.

In February 2024, a policy draft of the National Environmental Standard for Matters of National Environmental Significance indicates that ‘nuclear actions’ will be renamed ‘radiological exposure actions’ and states:

Relevant decisions must:

   Not be inconsistent with the ARPANSA national codesfor protection from radiological exposure actions including in relation to:   

1.  human health and environmental risks and outcomes; and. radiological impacts on biological diversity, 
2. the conservation of species and the natural health of ecosystems.[22]

States and territories

States and territories generally regulate nuclear and radiation activities through either the health or the environmental protection portfolios. The relevant legislation provides for the protection of health and safety of people, and the protection of property and the environment, from the harmful effects of radiation by establishing licensing regimes to regulate the possession, use, and transportation of radiation sources and substances.[23] Mining of radioactive materials is regulated through the resources portfolio.

In addition, as outlined below, the states and territories have legislation prohibiting certain nuclear activities or the construction and operation of certain nuclear facilities. Importantly, where permitted, nuclear activities (including mining) would also be subject to assessment and approvals under a range of other legislation, including planning and environmental impact assessment, native title and cultural heritage, and radiation licensing laws at the state or territory and Commonwealth level.

New South Wales

Exploration for uranium has been permitted under the Mining Act 1992 since 2012.[24] However, the mining of uranium is prohibited by the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 (NSW Prohibitions Act).[25]

The NSW Prohibitions Act also prohibits the construction and operation of certain nuclear facilities, including uranium enrichment facilities, fabrication and reprocessing plants, nuclear power plants, and storage and waste disposal facilities (other than for the storage and disposal of waste from research or medical purposes, or the relevant radiological licensing Act).[26]

Northern Territory

The Atomic Energy Act 1953 (Cth) provides that the Commonwealth owns all uranium found in the territories.[27] Uranium exploration and mining in the Northern Territory (NT) is regulated under both NT mining laws (the Mineral Titles Act 2010 and the Mining Management Act 2001) and the Atomic Energy Act.^[28] The Ranger Uranium Mine operated until 2021 and is now undergoing rehabilitation.[29]

The Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 (NT) prohibits the construction and operation of nuclear waste storage facilities, as well as the transportation of nuclear waste for storage at a nuclear waste storage facility in the NT.[30] Nuclear waste is defined as including waste material from nuclear plants or the conditioning or reprocessing of spent nuclear fuel.[31]

This Act also:

•  prohibits public funds from being expended, granted or advanced to any person for, or for encouraging or financing any activity associated with the development, construction or operation of a nuclear waste storage facility  
•  would require the NT Parliament to hold an inquiry into the likely impact of a nuclear waste storage facility proposed by the Commonwealth on the cultural, environmental and socio‑economic wellbeing of the territory.[32]

Queensland

Exploration for and mining of uranium are permitted under the Mineral Resources Act 1989. However, it has been government policy to not grant mining leases for uranium since 2015.[33] The government policy ban extends to the treatment or processing of uranium within the state.[34]

The Nuclear Facilities Prohibition Act 2007, in similar terms to the NSW Prohibitions Act, prohibits the construction and operation of nuclear reactors and other nuclear facilities in the nuclear fuel cycle.[35]

Unlike other state and territory prohibition legislation, the Nuclear Facilities Prohibition Act would require the responsible Queensland Minister to hold a plebiscite to gain the views of the Queensland population if the Minister was satisfied that the Commonwealth Government has taken, or is likely to take, steps to amend a Commonwealth law or exercise a power under a Commonwealth law to facilitate the construction of a prohibited nuclear facility, or if the Commonwealth Government adopts a policy position of supporting or allowing the construction of a prohibited nuclear facility in Queensland.[36]

South Australia

The exploration and mining of radioactive material (including uranium) is permitted in South Australia (SA), subject to approvals under the Mining Act 1971 and the Radiation Protection and Control Act 2021 (RP&C Act).[37] For example, uranium is mined at Olympic Dam, Four Mile and Honeymoon. However, conversion and enrichment activities are prohibited by the RP&C Act.[38]

The Nuclear Waste Storage Facility (Prohibition) Act 2000 prohibits the construction or operation of a nuclear waste storage facility, and the import to SA or transport within SA of nuclear waste for delivery to a nuclear waste storage facility.[39]

The Nuclear Waste Storage Facility (Prohibition) Act prohibits the SA Government from expending public funds to encourage or finance the construction or operation of nuclear waste storage facilities.^[40] The Act would also require the SA Parliament to hold an inquiry into the proposed construction or operation of a nuclear waste storage facility in SA authorised under a Commonwealth law.[41]

Tasmania

The exploration and mining of atomic substances (which includes uranium and thorium) is permitted under the Mineral Resources Development Act 1995 (Tas), subject to approval.

Victoria

The Nuclear Activities (Prohibitions) Act 1983 prohibits a range of activities associated with the nuclear fuel cycle, including the exploration and mining of uranium and thorium, and the construction or operation of facilities for the conversion or enrichment of any nuclear material, nuclear reactors and facilities for the storage and disposal of nuclear waste from those prohibited activities.[42]

Western Australia

Exploration for and mining of uranium is permitted under the Mining Act 1978. A state policy ban on mining approvals was overturned in November 2008;[43] however, this was reinstated in June 2017, with a ‘no uranium’ condition on future mining leases.[44] The ban does not apply to 4 projects that had already been approved by the previous government.

The Nuclear Activities Regulation Act 1978 aims to protect the health and safety of people and the environment from possible harmful effects of nuclear activities, including by regulating the mining and processing of uranium and the equipment used in those processes. The Nuclear Waste Storage and Transportation (Prohibition) Act 1999 also prohibits the storage, disposal or transportation in Western Australia of certain nuclear waste (including waste from a nuclear plant or nuclear weapons).[45]

Can the Commonwealth override a state ban on nuclear activities?

The Commonwealth Parliament only has the power to make laws in relation to matters specified in the Constitution of Australia, including in sections 51, 52 and 122. Assuming the Commonwealth has a sufficient head of power to legislate, section 109 of the Constitution specifically provides for circumstances in which there might be an inconsistency between Commonwealth and state laws:

When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Therefore, even though some states have enacted prohibitions on certain nuclear activities within their jurisdictions, the Commonwealth Parliament could enact specific legislation in relation to nuclear activities so that such activities can take place within those jurisdictions. One such example is the National Radioactive Waste Management Act 2012 (Cth), which provides for the establishment of a national radioactive waste management facility at a site to be declared by the responsible Commonwealth Minister. Section 12 of that Act provides that state and territory laws have no effect in regulating, hindering, or preventing such a facility

Further information

• ‘Who we regulate’, ARPANSA 
•  ‘State & territory regulators’, ARPANSA    
• ‘Uranium and thorium’, in Geoscience Australia, Australia’s Energy Commodity Resources, 2023 Edition, (Canberra: Geoscience Australia, 2023).

June 3, 2024 Posted by Christina Macpherson | AUSTRALIA, politics | Leave a comment