Commonwealth Coat of Arms

Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000

Statutory Rules No. 307, 2000 as amended

made under the

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

Compilation start date:  1 July 2014

Includes amendments up to: SLI No. 77, 2014

 

About this compilation

This compilation

This is a compilation of the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 1 July 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

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

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

2 Commencement

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—Charges: 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

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

  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.

 (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.

 (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.

 (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.

(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

23 873

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

59 686

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

23 873

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

119 373

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

59 686

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

47 749

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

119 373

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

119 373

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

919 166

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

238 745

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

11 937

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

23 873

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

11 937

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

59 686

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

23 873

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

11 937

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

23 873

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

11 937

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

59 686

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

23 873

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

23 873

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

59 686

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

23 873

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

95 498

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

59 686

(regulation 5)

 

Item

Kind of prescribed radiation facility

Charge ($)

1

Particle accelerator with a beam energy of more than 1 MeV

12 278

2

Particle accelerator capable of producing neutrons

12 278

3

Irradiator containing more than 1015 Bq of a controlled material

12 278

4

Irradiator containing more than 1013 Bq of a controlled material but not including shielding as an integral part of its construction

12 278

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

12 278

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

12 278

7

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

(a) unsealed sources for which the result worked out using the steps mentioned in subregulation 6(2) of the ARPANS Regulations is greater than 106; or

(b) sealed sources for which the result worked out using the steps mentioned in subregulation 6(2) of the ARPANS Regulations is greater than 109

24 557

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

40 927

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

27 285

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

40 927

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

27 285

(regulation 6)

 

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 an accessible emission level more than the accessible emission limit of a Class 3R laser product, as set out in Australian/New Zealand Standard AS/NZS IEC 60825.1:2011 Safety of laser products, Part 1: Equipment classification and requirements

24

Optical fibre communication system exceeding Hazard Level 3R, as set out in Australian/New Zealand Standard AS/NZS IEC 60825.2:2011 Safety of laser products, Part 2: Safety of optical fibre communication systems (OFCS)

24A

Sealed source of controlled material not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure but the exposure would be unlikely to exceed the dose limits mentioned in regulations 59 and 62 of the ARPANS Regulations

24B

Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure but the exposure would be unlikely to exceed the dose limits mentioned in regulations 59 and 62 of the ARPANS Regulations

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

37A

Sealed source of controlled material not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations but that is unlikely to result in acute effects

37B

Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations but that is unlikely to result in acute effects

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, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations and that is likely to result in acute effects

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, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 of the ARPANS Regulations and that is likely to result in acute effects

 

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

1 121

 

(b) Group 2

4 485

 

(c) Group 3

13 452

2

For more than 3, but less than 11, controlled apparatus or controlled materials from:

 

 

(a) Group 1

2 913

 

(b) Group 2 

8 968

 

(c) Group 3

26 901

3

For 11 or more controlled apparatus or controlled materials from:

 

 

(a) Group 1

5 606

 

(b) Group 2

16 856

 

(c) Group 3

49 318

 

Item

Licence‑holder

Charge ($)

1

Department of Defence

788 539

2

Australian Nuclear Science and Technology Organisation

263 029

3

Commonwealth Scientific and Industrial Research Organisation

289 707

 

Endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)

 

 

Endnote 3—Legislation history

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

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

—

74, 2013

17 May 2013 (see F2013L00796)

Schedule 1 (items 1, 2): 1 July 2013

—

77, 2014

16 June 2014 (see F2014L00724)

1 July 2014

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

r. 6.....................

am. 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; No. 74, 2013; No 77, 2014

Schedule 2

 

Schedule 2................

am. 2004 No. 214; 2010 No. 102; 2011 No. 52; 2012 No. 45; No. 74, 2013; No 77, 2014

Schedule 3

 

Schedule 3................

am. 2004 No. 214; 2010 No. 102; 2011 No. 52; 2012 No. 45; No. 74, 2013; No 77, 2014

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]