
Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000
Statutory Rules 2000 No. 307 as amended
made under the
Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998
This compilation was prepared on 1 July 2012
taking into account amendments up to SLI 2012 No. 45
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Annual charge for facility licence — nuclear installations
5 Annual charge for facility licence — prescribed radiation facilities
6 Annual charge for source licence
Schedule 1 Facility licence annual charges — nuclear installations
Schedule 2 Facility licence annual charges — prescribed radiation facilities
Part 1 Charges — general
Part 2 Fees — other
Schedule 3 Source licence annual charges
Part 1 Kinds of controlled apparatus or controlled material
Part 2 Charges — general
Part 3 Charges for certain licence-holders
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000.
These Regulations commence on gazettal.
(1) In these Regulations:
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 1999.
(2) Unless the contrary intention appears, an expression used in these Regulations that is defined in the ARPANS Act or the ARPANS Regulations has the same meaning in these Regulations as it has in the ARPANS Act or the ARPANS Regulations.
4 Annual charge for facility licence — nuclear installations
(1) For subsection 4 (2) of the Act, this regulation prescribes the amount of the charge for a financial year for a facility licence that authorises persons to do a thing mentioned in column 2 of an item in Schedule 1 in relation to a controlled facility that is a nuclear installation.
(2) The amount of the charge for the licence for the year is the amount mentioned in column 3 of the item.
Note Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro-rating and refunds.
5 Annual charge for facility licence — prescribed radiation facilities
(1) For subsection 4 (2) of the Act, this regulation prescribes the amount of the charge for a financial year for a facility licence that authorises persons to do a thing mentioned in paragraph 30 (1) (a), (b), (c), (d) or (e) of the ARPANS Act in relation to a controlled facility that is a prescribed radiation facility of a kind mentioned in column 2 of an item in Part 1 of Schedule 2.
(2) The amount of the charge for the licence for the year is:
(a) subject to paragraph (b), the amount mentioned in column 3 of the relevant item in Part 1 of Schedule 2; or
(b) if the thing authorised to be done by the licence is mentioned in column 2 of an item in Part 2 of Schedule 2 — the amount mentioned in column 3 of that item.
(3) If the licence authorises persons to do 2 or more of the things mentioned in paragraphs 30 (1) (a), (b), (c), (d) and (e) of the ARPANS Act in relation to the controlled facility, the amount of the charge for the licence for the year is the sum of the amounts of charge for each thing authorised to be done by the licence.
Note Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro-rating and refunds.
6 Annual charge for source licence
(1) For subsection 5 (2) of the Act, this regulation prescribes the amount of the charge for a financial year for a source licence that authorises persons to deal with a controlled apparatus or a controlled material of a kind mentioned in column 2 of an item in Group 1, 2 or 3 of Part 1 of Schedule 3.
(2) Subject to subregulation (3), the amount of the charge is:
(a) for a licence that authorises persons to deal with controlled apparatus or controlled materials in the same location:
(i) if the controlled apparatus or controlled materials are from the same Group — the amount mentioned in column 3 of the provision in Part 2 of Schedule 3 that relates to the number of controlled apparatus or controlled materials from that Group; and
(ii) if the controlled apparatus or controlled materials are from 2 or more Groups — the sum of the amounts mentioned in column 3 of the provisions in Part 2 of Schedule 3 that relate to the number of controlled apparatus or controlled materials from each of those Groups; and
(b) for a licence that authorises persons to deal with controlled apparatus or controlled materials in 2 or more locations — the sum of the amounts mentioned in column 3 of the provisions in Part 2 of Schedule 3 that relate to the number of controlled apparatus or controlled materials from each Group that persons are authorised to deal with in each location.
Note Same location is defined in subregulation 40D (3) of the ARPANS Regulations (see the Dictionary to those Regulations).
(3) If the holder of the licence is a controlled person mentioned in column 2 of an item in Part 3 of Schedule 3, the amount of the charge for the year for all source licences held by that person for the year is the amount mentioned in that item.
Note Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro-rating and refunds.
Schedule 1 Facility licence annual charges — nuclear installations
(regulation 4)
Item | Thing authorised to be done by licence | Charge ($) |
1 | Preparing a site for a controlled facility, being a nuclear reactor that is designed: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power of less than 1 megawatt | 22 526 |
2 | Constructing a controlled facility, being a nuclear reactor that is designed: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power of less than 1 megawatt | 56 316 |
3 | Possessing or controlling a controlled facility, being a nuclear reactor: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power of less than 1 megawatt | 22 526 |
4 | Operating a controlled facility, being a nuclear reactor: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power of less than 1 megawatt | 112 631 |
5 | De-commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that: (a) was used for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) had maximum thermal power of less than 1 megawatt | 56 316 |
6 | Preparing a site for a controlled facility, being a nuclear reactor that is designed: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power of 1 megawatt or more | 45 052 |
7 | Constructing a controlled facility, being a nuclear reactor that is designed: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power of 1 megawatt or more | 112 631 |
8 | Possessing or controlling a controlled facility, being a nuclear reactor: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power of 1 megawatt or more | 112 631 |
9 | Operating a controlled facility, being a nuclear reactor: (a) for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power of 1 megawatt or more | 867 255 |
10 | De-commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that: (a) was used for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and (b) had maximum thermal power of 1 megawatt or more | 225 261 |
11 | Preparing a site for a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9 | 11 263 |
12 | Constructing a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9 | 22 526 |
13 | Possessing or controlling a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9 | 11 263 |
14 | Operating a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9 | 56 316 |
15 | De-commissioning, disposing of or abandoning a controlled facility, being a plant that was used for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9 | 22 526 |
16 | Preparing a site for a controlled facility, being a nuclear waste storage or disposal facility that is designed to contain waste with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 11 263 |
17 | Constructing a controlled facility, being a nuclear waste storage or disposal facility that is designed to contain waste with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 22 526 |
18 | Possessing or controlling a controlled facility, being a nuclear waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 11 263 |
19 | Operating a controlled facility, being a nuclear waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 56 316 |
20 | De-commissioning, disposing of or abandoning a controlled facility, being a nuclear waste storage or disposal facility that formerly contained waste with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations | 22 526 |
21 | Preparing a site for a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations | 22 526 |
22 | Constructing a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations | 56 316 |
23 | Possessing or controlling a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations | 22 526 |
24 | Operating a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations | 90 105 |
25 | De-commissioning, disposing of, or abandoning a controlled facility, being a facility that formerly produced radioisotopes, containing a mixture of controlled materials, with an activity that was more than the activity level prescribed by regulation 11 of the ARPANS Regulations | 56 316 |
Schedule 2 Facility licence annual charges — prescribed radiation facilities
(regulation 5)
Item | Kind of prescribed radiation facility | Charge ($) |
1 | Particle accelerator with a beam energy of more than 1 MeV | 11 585 |
2 | Particle accelerator capable of producing neutrons | 11 585 |
3 | Irradiator containing more than 1015 Bq of a controlled material | 11 585 |
4 | Irradiator containing more than 1013 Bq of a controlled material but not including shielding as an integral part of its construction | 11 585 |
5 | Irradiator containing more than 1013 Bq of a controlled material and including shielding as an integral part of its construction, but the shielding does not prevent a person from being exposed to the source | 11 585 |
6 | Irradiator containing more than 1013 Bq of a controlled material and including shielding as an integral part of its construction, and with a source that is not inside the shielding during the operation of the irradiator | 11 585 |
7 | Facility for the production, processing, use, storage, management or disposal of sealed sources of controlled materials of activity in a quantity more than 109 times that mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations | 23 170 |
8 | Facility for the production, processing, use, storage, management or disposal of unsealed sources of controlled materials of activity in a quantity more than 106 times that mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations | 23 170 |
9 | Facility for the production, processing, use, storage, management or disposal of a mixture of controlled materials, the activity of which, worked out using the method set out in subregulation 6 (2) of the ARPANS Regulations, is more than the applicable level mentioned in that subregulation | 23 170 |
Note If the licence authorises persons to do 2 or more of the things mentioned in paragraphs 30 (1) (a), (b), (c), (d) and (e) of the ARPANS Act in relation to the prescribed radiation facility, the annual charge for the licence is the sum of the charges for each thing authorised to be done by the licence — see subregulation 5 (3).
Item | Thing authorised to be done by licence | Charge ($) |
1 | De-commissioning a controlled facility, being a prescribed radiation facility that was formerly used as a nuclear or atomic weapon test site | 38 616 |
2 | Disposing of or abandoning a controlled facility, being a prescribed radiation facility that was formerly used as a nuclear or atomic weapon test site | 25 744 |
3 | De-commissioning a controlled facility, being a prescribed radiation facility that was formerly used for the mining, processing, use, storage, management or disposal of radioactive ores | 38 616 |
4 | Disposing of or abandoning a controlled facility, being a prescribed radiation facility that was formerly used for the mining, processing, use, storage, management or disposal of radioactive ores | 25 744 |
Schedule 3 Source licence annual charges
(regulation 6)
Part 1 Kinds of controlled apparatus or controlled material
Item | Controlled apparatus or controlled material |
Group 1 | |
1 | Sealed source for calibration purposes of activity of 40 MBq or less |
2 | Sealed source in a fully enclosed analytical device |
3 | Sealed source with activity of 400 MBq or less in a fixed gauge |
4 | Sealed source in a blood irradiator |
5 | Sealed source in a bone densitometer |
6 | Sealed source that: (a) is in storage and awaiting disposal; and (b) has a nuclide with a maximum activity of not more than 109 times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide |
7 | Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity not more than 100 times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide |
8 | Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide, the total of the results for all nuclides in the source, or sources, is not more than 100 |
9 | Mammographic x-ray unit |
10 | Conventional dental x-ray unit |
11 | X-ray unit used for bone densitometry |
12 | X-ray unit used for veterinary radiography |
13 | Fully enclosed x-ray analysis unit |
14 | Baggage inspection x-ray unit |
15 | Mobile or portable medical x-ray unit |
16 | Magnetic field non-destructive testing device |
17 | Induction heater or induction furnace |
18 | Industrial radiofrequency heater or welder |
19 | Radiofrequency plasma tube |
20 | Microwave or radiofrequency diathermy equipment |
21 | Industrial microwave or radiofrequency processing system |
22 | Optical source, other than a laser product, emitting ultraviolet radiation, infra-red or visible light. |
23 | Laser product with accessible emission level more than the accessible emission limit of a Class 3B (Restricted) laser product, set out in Australia/New Zealand Standard AS/NZA 2211.1:1997 |
24 | Optical fibre communication system exceeding Hazard Level 3A, as set out in Australia/New Zealand Standard AS/NZS 2211.2:1997 |
Group 2 | |
25 | Sealed source for calibration purposes of activity of more than 40 MBq |
26 | Sealed source in a partially enclosed analytical device |
27 | Sealed source of activity of more than 400 MBq in a fixed gauge |
28 | Sealed source in a mobile gauge |
29 | Sealed source for medical or veterinary diagnostic nuclear medicine use |
30 | Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity of more than 100, but not more than 10 000, times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide |
31 | Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide, the total of the results for all nuclides in the source, or sources, is more than 100 but not more than 10 000 |
32 | Unsealed sources used for tracer studies |
33 | Industrial radiography x-ray unit |
34 | Fixed medical x-ray unit, including a unit used for fluoroscopy, tomography and chiropractic radiography |
35 | Partially enclosed x-ray analysis unit |
36 | Medical therapy simulator |
37 | CT scanner |
Group 3 | |
38 | Sealed source for industrial radiography |
39 | Sealed source for medical and veterinary radiotherapy |
40 | Sealed source in a bore hole logger |
41 | Sealed source of controlled material not mentioned in another item of this Schedule |
42 | Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity of more than 10 000, but not more than 1 000 000, times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide |
43 | Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide, the total of the results for all nuclides in the source, or sources, is more than 10 000 but not more than 1 000 000 |
44 | Veterinary or medical radiotherapy unit |
45 | Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule |
Item | Number of controlled apparatus or controlled materials in the same location that persons are authorised to deal with under the licence | Charge ($) |
1 | For less than 4 controlled apparatus or controlled materials from: |
|
| (a) Group 1 | 644 |
| (b) Group 2 | 2 574 |
| (c) Group 3 | 7 723 |
2 | For more than 3, but less than 11, controlled apparatus or controlled materials from: |
|
| (a) Group 1 | 1 673 |
| (b) Group 2 | 5 149 |
| (c) Group 3 | 15 446 |
3 | For 11 or more controlled apparatus or controlled materials from: |
|
| (a) Group 1 | 3 219 |
| (b) Group 2 | 9 679 |
| (c) Group 3 | 28 318 |
Part 3 Charges for certain licence-holders
Item | Licence-holder | Charge ($) |
1 | Department of Defence | 744 005 |
2 | Australian Nuclear Science and Technology Organisation | 248 174 |
3 | Commonwealth Scientific and Industrial Research Organisation | 248 174 |
Notes to the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000
Note 1
The Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000 (in force under the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998) as shown in this compilation comprise Statutory Rules 2000 No. 307 amended as indicated in the Tables below.
Table of Instruments
Year and | Date of notification | Date of | Application, saving or |
2000 No. 307 | 16 Nov 2000 | 16 Nov 2000 |
|
2004 No. 214 | 15 July 2004 | 15 July 2004 | — |
2010 No. 102 | 25 May 2010 (see F2010L01073) | 26 May 2010 | — |
2011 No. 52 | 27 Apr 2011 (see F2011L00645) | 1 July 2011 | — |
2012 No. 45 | 10 Apr 2012 (see F2012L00813) | 1 July 2012 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
R. 6................. | am. 2004 No. 214 |
Examples to r. 6 (2)...... | rep. 2004 No. 214 |
Note to r. 6 (2).......... | rs. 2004 No. 214 |
Schedule 1 |
|
Schedule 1............ | am. 2004 No. 214; 2010 No. 102; 2011 No. 52; 2012 No. 45 |
Schedule 2 |
|
Schedule 2............ | am. 2004 No. 214; 2010 No. 102; 2011 No. 52; 2012 No. 45 |
Schedule 3 |
|
Schedule 3............ | am. 2004 No. 214; 2010 No. 102; 2011 No. 52; 2012 No. 45 |