Majority Report
1.1
This report represents the views of Government and
Opposition senators on the committee.
1.2
The ANSTO Amendment Bill 2006 was referred to the
committee on 30 March 2006
for examination and report. The committee received three submissions to its
inquiry. As there was no indication given to the committee at the time of its
referral that the provisions of the legislation would be contentious, the
committee agreed that the bill would be reported solely on the basis of a
reading of submissions.
1.3
This amendment to the Australian Nuclear Science and
Technology Organisation Act 1987 will allow ANSTO to fully participate in
actions that may be required to assist the Commonwealth and its agencies in the
management of radioactive materials and waste, beyond those which relate to
ANSTO's own operations. ANSTO is the pre-eminent nuclear science research
agency. Its expertise is not only required by Commonwealth agencies, but those
agencies under state and territory jurisdiction which require assistance and advice
on matters relating to public health and safety in the event of accidents
involving nuclear materials, and incidents resulting from criminal or terrorist
activities.
1.4
There are three main elements to the bill, each of them
dealing with provision of specific powers and responsibilities. These are
outlined as follows.
Management of Commonwealth radioactive waste
1.5
As the law currently stands, ANSTO is impeded from
making its expertise and facilities available to owners of nuclear waste who will
be required to dispatch it to the new storage facility in the Northern
Territory. There are special requirements for
packaging and transporting of the waste, and as a result of the amendment ANSTO
will be empowered to advise and assist in these processes.
1.6
In its submission to the inquiry, the Australian
Radiation Protection and Nuclear Safety Agency (ARPANSA) noted that ANSTO is
currently unable to make its own storage facilities available to other
government agencies. If it was empowered to do so, this would allow ANSTO to
handle the complete pre-disposal management of the Commonwealth's holdings of
radioactive wastes, thus improving overall radiation protection.[1]
Management of radioactive waste at the request of law enforcement and
emergency services authorities
1.7
Deficiencies in the current act became apparent when
state emergency and law enforcement authorities approached ANSTO for advice and
assistance in storage and disposal of nuclear materials that may be taken in
the course of law enforcement work. Police forces around the country lack
suitable storage facilities for this purpose.
1.8
Nor has ANSTO currently any legal powers under its
legislation to advise law enforcement authorities in relation to dealing with
'dirty' bombs, or other materials that may emerge from terrorist of criminal
activity. An amendment allowing for this will align Australia
with the standards set out in the UN Convention for the Suppression of Acts of
Nuclear Terrorism.[2]
Management of waste following reprocessing of spent nuclear fuel.
1.9
Spent nuclear waste from ANSTO's research reactor is shipped
to Britain and France
for reprocessing, together with spent fuel from other users. All waste is
combined in a single batch, and on its return is allocated to users in
proportion to their share in the original mixed batch.
1.10
What is returned and reallocated will contain matter
which originally came from different users. ANSTO is concerned that it is not
clear that a court would regard returned and reprocessed waste as being waste
arising from the operations of its research reactor. The committee accepts that
it is important that ANSTO’s power to receive and manage these residues is put
beyond legal question, given the possibility of legal actions by groups opposed
to nuclear activities. A successful legal action would effectively place Australia
in breach of commitments given to the governments of Britain
and France as
to the origin of the waste.[3]
Conclusion
1.11
The committee regards this bill as important and
essential legislation. It will significantly improve levels of protection from
radioactive contamination in routine management of waste, and in the event of
criminal or terrorist activities involving radioactive materials. The committee
notes that the legislation has been supported by the Federation of Australian
Scientific and Technological Societies (FASTS), the only non-government body to
make a submission to the inquiry.
1.12
The committee also notes that for some time senators
interested in the management of the nuclear research program and nuclear waste
issues have asked questions of ANSTO and ARPANSA at estimates hearings about
their respective roles. The ability of ANSTO to answer technical questions has
been limited by the constraints of its act. While the committee has not
focussed on this issue previously, individual senators have noted the administrative
fragmentation in the field of nuclear energy research and nuclear waste
management. The practical difficulties arising from this problem have now been
recognised. The committee is pleased to see this legislation introduced.
Recommendation
The committee
recommends that the Senate pass this bill.
Senator Judith
Troeth
Chairman
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