Federal Register of Legislation - Australian Government

Primary content

SLI 2015 No. 208 Regulations as made
This regulation amends the amount of charge payable by a producer of uranium ore concentrates from 10.3077 cents per kilogram of uranium in the uranium ore concentrates produced in the previous financial year to 14.1775 cents per kilogram.
Administered by: Foreign Affairs and Trade
Registered 30 Nov 2015
Tabling HistoryDate
Tabled HR01-Dec-2015
Tabled Senate01-Dec-2015
Date of repeal 02 Dec 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 208, 2015

 

Issued by the Authority of the Minister for Foreign Affairs

 

Nuclear Non-Proliferation (Safeguards) Act 1987

 

Nuclear Non-Proliferation (Safeguards) Amendment Regulations 2015 (No. 1 )

 

Section 74 of the Nuclear Non-Proliferation (Safeguards) Act 1987 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. In addition section 70 of the Act provides that powers, discretions, duties or functions under the Act are to be exercised in accordance with specified international agreements identified in the Act, or prescribed in regulations. 

Section 3 of the Nuclear Safeguards (Producers of Uranium Ore Concentrates) Charge Act 1993 imposes a charge on producers of uranium ore concentrates (the charge) under certain circumstances. Section 69A of the Act specifies that the charge is payable on 1 December each year and that the amount of the charge payable by a producer is $500,000 or an amount prescribed by the regulations, whichever is the lesser. The amount of the charge, expressed in cents per kilogram of uranium in the uranium ore concentrate produced, is set in the Nuclear Non-Proliferation (Safeguards) Regulations 1987 (the Principal Regulations).

The Regulations prescribe to the Principal Regulations the amount of charge payable by a producer of uranium ore concentrates as the lesser of $500,000 or 14.1775 cents per kilogram of uranium in the uranium ore concentrates produced in the previous financial year. Details of the Regulations are attached. The rate is arrived by apportioning Australian Safeguards and Non-Proliferation Office general expenses to work categories related to regulation of uranium mining and export. Item 7 of the Regulations includes a new provision to make clear that the charge payable by a producer of uranium ore concentrates applies in relation to the 2015-16 financial year and later financial years.

Consultation and Regulatory Impact

The then Office of Regulation Review advised on 18 January 2006 that as the direct effect on business is minor in nature a Regulation Impact Statement (RIS) is not mandatory, therefore an exception applies.  The Office of Regulation Review also advised that subsequent amendments to the charge per kilogram to uranium producers will not require a RIS.  The three uranium producers have been consulted of the increase to the uranium producers charge in 2015 and were provided with an opportunity to comment.

Human Rights

This statement of compatibility is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Legislative Instrument does not engage any of the applicable rights or freedoms described in the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, this Legislative Instrument is compatible with human rights.

Commencement

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

 

 

ATTACHMENT

 

DETAILS OF AMENDMENTS TO THE NUCLEAR NON-PROLIFERATION (SAFEGUARDS) REGULATIONS 1987

 

 

Regulation 1 provides that these amendment regulations should be known as the Nuclear Non-Proliferation (Safeguards) Amendment Regulations 2015 (No. 1 ).

 

Regulation 2 provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 specifies that the Regulations are made under the Nuclear Non-Proliferation (Safeguards) Act 1987.

 

Regulation 4 enables Schedule 1 to amend the Nuclear Non-Proliferation (Safeguards) Regulations 1987 (“the Principal Regulations”).

 

Schedule 1

 

 

Item 1 provides that within Paragraph 6(a) of the Principal Regulations “10.3077” be omitted and “14.1775” be inserted.

 

Item 2 provides that a new Item 7 to the Principal Regulations be inserted.

 

Item 7 includes a new provision to make clear that the charge payable by a producer of uranium ore concentrates applies in relation to the 2015-16 financial year and later finiancal years commencing on 1 December.