1998
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UPDATE
Australian Radiation Protection and Nuclear Safety Bill 1998
11 December 1998

LIMITS PLACED ON NUCLEAR ACTIVITIES?

The Australian Conservation Foundation welcomed the improvements made by the
Senate to the Australian Radiation Protection and Nuclear Safety Bill 1998
which passed through the Senate on Thursday 10 December.

The Act has significant implications for all aspects of the nuclear industry
in Australia from the handling of relatively minor uses of radiation such as
X-rays through to uranium mines and radioactive waste dumps. Before it was
amended by the Senate, the Bill also included provision for a regulatory
structure for activities such as weapons-capable enrichment, reprocessing
and nuclear power.

The Act now means that already existing nuclear installations must be
operated under a much stronger regulatory structure and, in some cases,
these existing installations will be regulated for the first time. We do not
support the facilities, but we do welcome the fact that there can now be at
least some public scrutiny of the way that they operate.

The major change made to the legislation is that there is now a prohibition
clause which rules out nuclear fuel fabrication, a nuclear power plant, an
enrichment plant and a reprocessing facility.

Other important changes made through lobbying and the debate were:
* there is increased (but still limited) public participation in the
licensing of new and existing nuclear installations such as the already
announced replacement research reactor;
* the reporting requirements for the new Australian Radiation Protection and
Nuclear Safety Authority are greatly increased;
* there will be at least two months public consultation on the regulations
which go with the Bill.

There will be a future Update to encourage participation in comment on these
regulations, as this will be an opportunity to strengthen the regulation of
the industry and increase public participation in the licensing process.

The Bill was introduced into the Parliament on 8 April 1998 and was due to
be rushed through until Greens WA Senator Dee Margetts said that the issues
raised required consultation and debate.

The Australian Conservation Foundation worked with the Canberra-based
Campaign for a Nuclear Free Australia to develop a number of key amendments
and many of these were accepted. This came about through hard and fast work
and co-operation between all political parties - the ALP, the Greens and the
Democrats, and including the Government parties - to improve the
legislation. Independent nuclear consultant Jean McSorley was another
invaluable contributor to the campaign to bring about necessary changes to
the legislation.

One disappointment with the Senate debate was that the Government, along
with independent Senators Harradine and Colston, did not support an
amendment to hold public inquiries into the need for major new nuclear
installations that are allowed for under the Act. Installations in this
category include a research reactor, a plant for preparing or storing fuel
for use in a research reactor, a nuclear waste storage facility above a
certain level, a facility for production of radio-isotopes, and a nuclear
waste facility.

It was very encouraging to the environment groups involved that the ALP was
prepared to provide strong support for amendments to enact public inquiries
into the NEED for nuclear installations not already prohibited.

Public inquiries serve many purposes. They provide for greater transparency
and accountability of major Government decisions. Public inquiries assist in
assuring members of the community that they are not entirely powerless in
the face of decisions that will affect them for many years to come. Public
inquiries are also likely to bring new information to assist Governments in
the making of decisions.

The new Act's stated object is to "protect the health and safety of people,
and to protect the environment, from the harmful effects of radiation" but
it will only go part way to meeting its object. It will not cover State
Government activities or private activities such as the proposed Pangea
high-level nuclear waste dump in South or Western Australia.

Further legislation is required to cover the nuclear holes and there is now
even more emphasis on the coming Environment Protection and Biodiversity
Conservation Bill 1998 to be a vehicle for real protection of the
environment.

Larry O'Loughlin, National Liaison Office
Australian Conservation Foundation
[EMAIL PROTECTED]
02 - 6247 2472 (p)
02 - 6247 5779 (f)

For information or campaign involvement you may also contact:
Campaign for a Nuclear Free Future, GPO Box 1875 Canberra ACT 2601
[EMAIL PROTECTED]
02 - 6247 3064 (f)

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