Law Internet Resources

Nuclear Energy Law

This guide contains links to internet resources and documents in the area of Australian nuclear energy law, as well as providing links to other guides and directories which contain material on State and Territory and overseas law, as well as some more general scientific, political and statistical information.

• Legislation
• Treaties
• Key national bodies
• Key international bodies
• Key publications
• Nuclear energy in general
• Overseas sites

Legislation

Federal

• Atomic Energy Act 1953
• Australian Nuclear Science and Technology Organisation Act 1987
• Australian Radiation Protection and Nuclear Safety Act 1998
• Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998
• Comprehensive Nuclear Test-Ban Treaty Act 1998
• Environment Protection and Biodiversity Conservation Act 1999
• Nuclear Non-Proliferation (Safeguards) Act 1987
• Nuclear Safeguards (Producers of Uranium Ore Concentrates) Charge Act 1993: imposes a tax on uranium miners to fund the operations of the Australian Safeguards and Non-Proliferation Office
• South Pacific Nuclear Free Zone Treaty Act 1986

States

ACT

• Radiation Protection Act 2006

NSW

• Radiation Control Act 1990
• Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986

NT

• Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004
• Radioactive Ores and Concentrates (Packaging and Transport) Act 1980
• Radiation (Safety Control) Act 1978
• Radiation Protection Act 2004 (not yet in force, repeals the Radiation (Safety Control) Act 1978)

Qld

• Nuclear Facilities Prohibition Act 2007
• Radiation Safety Act 1999

SA

• Nuclear Waste Storage Facility (Prohibition) Act 2000
• Radiation Protection and Control Act 1982
• Roxby Downs (Indenture Ratification) Act 1982

Tas

• Radiation Protection Act 2005

Vic

• Nuclear Activities (Prohibitions) Act 1983
• Radiation Act 2005

WA

• Nuclear Activities Regulation Act 1978
• Nuclear Waste Storage and Transportation (Prohibition) Act 1999
• Radiation Safety Act 1975

Treaties

• 1956 Statute of the International Atomic Energy Agency (ratified by Australia in 1957)
• 1963 Test Ban Treaty (ratified by Australia in 1963)
• 1968 Treaty on the Non-Proliferation of Nuclear Weapons (ratified by Australia in 1973)
• 1980 Convention on the Physical Protection of Nuclear Material (ratified by Australia in 1987)
• 1985 South Pacific Nuclear Free Zone Treaty (ratified by Australia in 1986)
• Other treaties on nuclear matters are available in the AustLII and DFAT databases.

Key National Bodies

• Uranium Mining Processing and Nuclear Energy Review (draft report, Prime Ministerial Taskforce, announced on 6 June 2006; final report, Uranium Mining, Processing and Nuclear Energy - Opportunities for Australia? released end of 2006)
• Australian Nuclear Science & Technology Organisation (ANSTO): Australia’s national nuclear organisation and the centre of Australian nuclear expertise; founded in 1953 as the Australian Atomic Energy Commission; policy, research and development, production of radiopharmaceuticals; operates the Lucas Heights reactor.
• Australian Radiation Protection and Nuclear Safety Agency (ARPANSA): responsible for protecting the health and safety of people, and the environment, from the harmful effects of ionizing and non-ionizing radiation
• Australian Safeguards and Non-Proliferation Office (Dept. of Foreign Affairs and Trade)
• Nuclear Safety Committee: advisory body for ARPANSA
• Australian Uranium Association (an advocacy body that exclusively represents uranium companies)

Key International Bodies

• International Atomic Energy Agency
• International Energy Agency
• OECD Nuclear Energy Agency
• World Association of Nuclear Operators (WANO); includes a world map of nuclear power plants

Key Publications

For further items, search the Parlinfo Search database and select Library for journal articles, books and library publications, and Media for newspaper articles and media releases. Although full-text searchable, for copyright reasons some material on Parlinfo may be available only to those using the Parliament House computer network

• Halsburys Laws of Australia. Title 170 Energy and Resources; see I Minerals–(9) Uranium Mining
  Commercial publication. Not available outside Parliament
• Nuclear Legislation in OECD countries (OECD Nuclear Energy Agency); Regulatory and
  Institutional Framework for Nuclear Activities: Australia (2001)
• International Nuclear Law in the Post-Chernobyl Period (OECD/IAEA, 2006)
• Handbook on Nuclear Law (IAEA, 2003)
• Radioactive waste and spent nuclear fuel management in Australia (Parliamentary Library chronology, 2006)

Journals

• Nuclear Law Bulletin, published by the OECD’s Nuclear Energy Agency

Articles, reports etc.

2007

• Andrew Macintosh, Siting Nuclear Power Plants in Australia: Where would they Go? The Australian Institute, Research Paper No. 40, January 2007.
• Prime Minister John Howard, Uranium Mining and Nuclear Energy: A way forward for Australia, Media Release, 28 April, 2007.
• Greg Baker, Australia's Uranium. Parliamentary Library Research Note, 26 March 2007, no. 17 2006-07.
• Richard Tainter, The Re-Emergence of an Australian nuclear weapons option? (29 October 2007, Australian Policy Forum 07-20A)

2006

• Bob Fry et al., Australia's nuclear power and nuclear science options 2005 and beyond (New Matilda.com, 1 January, 2006)
• Life-Cycle Energy Balance and Greenhouse Gas Emissions of Nuclear Energy in Australia (ISA, The University of Sydney Consultancy Report for the Department of Prime Minister and Cabinet)
• Jim Green, Nuclear Power and Climate Change (Energy Science Fact Sheet 03)
• Nuclear Power for Australia? (Anthony Owen)
• Inquiry into developing Australia’s non-fossil fuel energy industry (Australia. House of Representatives. Standing Committee on Industry and Resources): report to be released on 4 December 2006.
• Uranium Mining, Processing and Nuclear Energy – Opportunities for Australia? (Uranium Mining Processing and Nuclear Energy Review, chair Dr Ziggy Switkowski)
• Uranium and Nuclear Power (NSW Parliamentary Library Briefing Paper)
• The National Radioactive Waste Facility (NT Parliamentary Library Research Paper)
• The Debate on Nuclear Policy in Australia, 2005-2006 (NT Parliamentary Library Research Papers):

   Introduction, Demand for uranium, Radioactive waste management, Nuclear power and the Greenhouse Effect, Nuclear Proliferation.

• Clean Energy Solutions (July 2006 issue of eJournalUSA, published by US Dept. of State)
• Renewable Energy – A Contribution to Australia’s Environmental and Economic Sustainability (report for Renewable Energy Generators Australia, June 2006): final report (1.8MB)
• ‘Cabinet told of possible nuclear sites’ [in 1997], Sydney Morning Herald, 3 June 2006
• Types of electricity generation in the European Union (media release, May 2006)
• ANSTO Report: Introducing Nuclear Power to Australia - An Economic Comparison (full report, dated March 2006, released 4 June 2006), (consultant John H Gittus); (media release)

2004

• Securing Australia’s Energy Future (white paper on long-term energy policy, June 2004)

2003

• A Johnston and A Zapantis, Review of Risk Assessments Associated with the Proposal to Establish a National Radioactive Waste Repository (Supervising Scientist Report 174)

2002

• Recommendations of the Report on the Regulation and Control of Radiological Material (Council of Australian Governments)

2001

• Final Report: National Competition Policy Review of Radiation Protection Legislation (Australian Radiation Protection and Nuclear Safety Agency)

1996

• Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (International Court of Justice)
  The court decided by 11–3 that “There is in neither customary nor conventional international law any comprehensive and universal prohibition of the threat or use of nuclear weapons as such”.

Nuclear energy in general

• Nuclear power & Australia? (University of Wollongong)
• Friends of the Earth Melbourne: Anti-Nuclear Campaign

Overseas Sites

• via WORLDLII
• via Hieros Gamos

Comments to: roy.jordan@aph.gov.au
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