Federal Register of Legislation - Australian Government

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Regulations as amended, taking into account amendments up to Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Regulations 2020
Administered by: Health
Registered 28 Jul 2020
Start Date 01 Jul 2020

Commonwealth Coat of Arms of Australia

Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2018

made under the

Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998

Compilation No. 2

Compilation date:                              1 July 2020

Includes amendments up to:            F2020L00715

Registered:                                         28 July 2020

 

About this compilation

This compilation

This is a compilation of the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2018 that shows the text of the law as amended and in force on 1 July 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Annual charge for facility licences                                                                                      2

Division 1—Introduction                                                                                                                       2

6............ Charge for a financial year for a facility licence............................................................. 2

Division 2—Facility licences for nuclear installations                                                           3

7............ Facility licences for nuclear installations........................................................................ 3

Division 3—Facility licences for prescribed radiation facilities                                       6

8............ Facility licences for prescribed radiation facilities.......................................................... 6

Division 4—Facility licences for prescribed legacy sites                                                     8

9............ Facility licences for prescribed legacy sites................................................................... 8

Division 5—Facility licences of certain holders                                                                        9

10.......... Annual charge for all facility licences held in certain names.......................................... 9

Part 3—Annual charge for source licences                                                                                    10

11.......... Introduction................................................................................................................. 10

12.......... Annual charge for source licence................................................................................. 10

13.......... Annual charge for all source licences held in certain names........................................ 10

Endnotes                                                                                                                                                               11

Endnote 1—About the endnotes                                                                                                      11

Endnote 2—Abbreviation key                                                                                                          12

Endnote 3—Legislation history                                                                                                       13

Endnote 4—Amendment history                                                                                                     14


Part 1Preliminary

  

1  Name

                   This instrument is the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2018.

3  Authority

                   This instrument is made under the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.

5  Definitions

             (1)  In this instrument:

Act means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.

ARPANS Act means the Australian Radiation Protection and Nuclear Safety Act 1998.

ARPANS Regulations means the Australian Radiation Protection and Nuclear Safety Regulations 2018.

             (2)  An expression used in this instrument that is defined in the ARPANS Act or the ARPANS Regulations has the same meaning in this instrument as it has in that Act or those regulations.

Part 2Annual charge for facility licences

Division 1Introduction

6  Charge for a financial year for a facility licence

                   For the purposes of subsection 4(2) of the Act, this Part prescribes the amount of the charge for a financial year for a facility licence.

Note 1:       Division 5 prescribes the total charge for a financial year for all facility licences held in certain names, and has effect despite Divisions 2, 3 and 4.

Note 2:       Division 7 of Part 5 of the ARPANS Regulations provides for the time for payment of the annual charge, pro‑rating and refunds.

Division 2Facility licences for nuclear installations

7  Facility licences for nuclear installations

                   The amount of the charge for a financial year for a facility licence authorising an act relating to a controlled facility described in an item of the following table is the amount set out in the item.

 

Annual charges for facility licences for nuclear installations

 

Act authorised by licence

Amount ($)

1

Preparing a site for a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power less than 1 megawatt

27,440

2

Constructing a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power less than 1 megawatt

68,608

3

Possessing or controlling a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power less than 1 megawatt

27,440

4

Operating a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power less than 1 megawatt

137,220

5

Decommissioning, disposing of or abandoning a nuclear reactor that:

(a) was used for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) had maximum thermal power less than 1 megawatt

68,608

6

Preparing a site for a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power at least 1 megawatt

54,887

7

Constructing a nuclear reactor designed:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) to have maximum thermal power at least 1 megawatt

137,220

8

Possessing or controlling a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power at least 1 megawatt

137,220

9

Operating a nuclear reactor:

(a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) with maximum thermal power at least 1 megawatt

1,056,597

10

Decommissioning, disposing of or abandoning a nuclear reactor that:

(a) was used for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and

(b) had maximum thermal power at least 1 megawatt

274,441

11

Preparing a site for a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

13,720

12

Constructing a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

27,440

13

Possessing or controlling a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

13,720

14

Operating a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9

68,608

15

Decommissioning, disposing of or abandoning a plant that was used for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 10

27,440

16

Preparing a site for:

(a) a radioactive waste storage facility designed to contain controlled materials with an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or

(b) a radioactive waste disposal facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations

13,720

17

Constructing:

(a) a radioactive waste storage facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or

(b) a radioactive waste disposal facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations

27,440

18

Possessing or controlling:

(a) a radioactive waste storage facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or

(b) a radioactive waste disposal facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations

13,720

19

Operating:

(a) a radioactive waste storage facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or

(b) a radioactive waste disposal facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations

68,608

20

Decommissioning, disposing of or abandoning:

(a) a radioactive waste storage facility that contained controlled materials and had an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or

(b) a radioactive waste disposal facility that contained controlled materials and had an activity that was greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations

27,440

21

Preparing a site for a facility to produce radioisotopes that is designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations

27,440

22

Constructing a facility to produce radioisotopes that is designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations

68,608

23

Possessing or controlling a facility producing radioisotopes and containing controlled materials that has an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations

27,440

24

Operating a facility producing radioisotopes and containing controlled materials that has an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations

109,774

25

Decommissioning, disposing of or abandoning a facility that formerly produced radioisotopes and contained controlled materials and had an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations

68,608

Division 3Facility licences for prescribed radiation facilities

8  Facility licences for prescribed radiation facilities

             (1)  The charge for a financial year for a facility licence authorising:

                     (a)  an act mentioned in paragraph 30(1)(a), (b), (c), (d) or (e) of the ARPANS Act relating to a prescribed radiation facility described in an item of the table in subsection (2); or

                     (b)  an act described in an item of the table in subsection (3);

is the amount set out in that item. However, the charge is the amount set out in the item of the table in subsection (3) if the act to be authorised by the licence is described in both paragraphs (a) and (b) of this subsection.

Charge for prescribed radiation facilities (except ones formerly used for weapons tests or radioactive ores)

             (2)  For the purposes of paragraph (1)(a), the table is as follows:

 

Annual charges for prescribed radiation facilities not formerly used for weapons tests or radioactive ores

 

Kind of prescribed radiation facility

Amount ($)

1

Particle accelerator that:

(a) has, or is capable of having, a beam energy greater than 1 MeV; or

(b) can produce neutrons

14,637

2

Irradiator containing more than 1015 Bq of a controlled material

14,637

3

Irradiator:

(a) containing more than 1013 Bq of a controlled material; and

(b) either:

(i) not including shielding as an integral part of its construction; or

(ii) including as an integral part of its construction shielding that does not prevent a person from being exposed to the source or does not shield a source during the operation of the irradiator

14,637

4

Facility for the production, processing, use, storage, management or disposal of:

(a) unsealed sources for which the result of the activity value division steps is greater than 106; or

(b) sealed sources for which the result of the activity value division steps is greater than 109

29,278

Note:          For the activity value division steps, see section 4 of the ARPANS Regulations (and subsection 5(2) of this instrument).

Charge for prescribed radiation facilities formerly used for weapons tests or radioactive ores

             (3)  For the purposes of paragraph (1)(b), the table is as follows:

 

Annual charges for prescribed radiation facilities formerly used for weapons tests or radioactive ores

 

Act authorised by licence

Amount ($)

1

Decommissioning a prescribed radiation facility formerly used as a nuclear or atomic weapon test site

48,796

2

Disposing of or abandoning a prescribed radiation facility formerly used as a nuclear or atomic weapon test site

32,529

3

Decommissioning a prescribed radiation facility formerly used for mining, processing, using, storing, managing or disposing of radioactive ores

48,796

4

Disposing of or abandoning a prescribed radiation facility formerly used for mining, processing, using, storing, managing or disposing of radioactive ores

32,529

Fee for application for one licence to authorise 2 or more acts

             (4)  Despite subsection (1), the charge for a financial year for a facility licence authorising 2 or more acts described in paragraph (1)(a) or (b) is the sum of the amounts of the charge under that subsection for separate licences for each of those acts.

Division 4Facility licences for prescribed legacy sites

9  Facility licences for prescribed legacy sites

                   The amount of the charge for a financial year for a facility licence authorising an act relating to a controlled facility described in an item of the following table is the amount set out in the item.

 

Annual charges for facility licences for prescribed legacy sites

 

Act authorised by licence

Amount ($)

1

Possessing or controlling a prescribed legacy site

15,161

2

Remediating a prescribed legacy site

229,049

3

Abandoning a prescribed legacy site

30,537

Division 5Facility licences of certain holders

10  Annual charge for all facility licences held in certain names

             (1)  The amount of the charge for a financial year for all facility licences held in a name described in an item of the following table is the amount set out in that item.

 

Total annual charge for facility licences held in certain names

 

Name

Amount ($)

1

Australian National University

43,911

2

Australian Nuclear Science and Technology Organisation

3,094,133

3

Department of Defence

197,989

             (2)  This Division has effect despite Divisions 2, 3 and 4.

Part 3Annual charge for source licences

  

11  Introduction

                   For the purposes of subsection 5(2) of the Act, this Part prescribes the amount of the charge for a financial year for a source licence authorising the holder of the licence to deal with one or more controlled apparatus or controlled materials.

Note 1:       Section 13 prescribes the total charge for a financial year for all source licences held in certain names, and has effect despite section 12.

Note 2:       Division 7 of Part 5 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro‑rating and refunds.

12  Annual charge for source licence

                   The charge for a financial year for a source licence is the amount worked out by multiplying $676 by the total number of controlled apparatus and controlled materials that the licence authorises the holder of the licence to deal with.

13  Annual charge for all source licences held in certain names

             (1)  The amount of the charge for a financial year for all source licences held in a name described in an item of the following table is the amount set out in that item.

 

Total annual charge for source licences held in certain names

 

Name

Amount ($)

 

1

Australian Federal Police

82,743

 

2

Australian National University

145,805

 

3

Australian Nuclear Science and Technology Organisation

217,782

 

4

Australian War Memorial

26,078

 

5

Commonwealth Scientific and Industrial Research Organisation

520,366

 

6

Department of Defence

273,592

 

7

National Measurement Institute

26,560

             (2)  This section has effect despite section 12.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2018

7 Dec 2018 (F2018L01697)

8 Dec 2018 (s 2(1) item 1)

 

Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Regulations 2019

3 Apr 2019 (F2019L00519)

1 July 2019 (s 2(1) item 1)

Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Regulations 2020

15 June 2020 (F2020L00715)

1 July 2020 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

s 4.............................................

rep LA s 48C

Part 2

 

Division 2

 

s 7.............................................

am F2019L00519; F2020L00715

Division 3

 

s 8.............................................

am F2019L00519; F2020L00715

Division 4

 

s 9.............................................

am F2019L00519; F2020L00715

Division 5

 

s 10...........................................

am F2019L00519; F2020L00715

Part 3

 

s 11...........................................

rs F2019L00519

s 12...........................................

rs F2019L00519

 

am F2020L00715

s 13...........................................

am F2019L00519; F2020L00715

Schedule 1................................

rep LA s 48C