Commonwealth Coat of Arms of Australia

 

Australian Naval Nuclear Power Safety Regulations 2025

I, the Honourable Sam Mostyn AC, GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated  2 October 2025

Sam Mostyn AC

GovernorGeneral

By Her Excellency’s Command

Richard Marles

Minister for Defence

 

 

 

 

 

 

Part 1—Introduction

Division 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Meaning of derived activity value and activity

6 Parent nuclides and progeny nuclides included in secular equilibrium

7 Meaning of effective dose, equivalent dose and absorbed dose

Division 2—Core provisions

8 Stirling designated zone

9 Osborne designated zone

10 Activity level for radioactive waste management facility to be an NNP facility

11 Activities that are not material activities

12 Nonionising radiationproducing equipment or plant that is NNP equipment or plant

Part 2—Making an application for licence authorising facility activity or material activity

Division 1—Preliminary

13 Simplified outline of this Part

14 Application of this Part

Division 2—Information and documents to be provided with application

Subdivision A—Purpose of this Division

15 Information and documents to be provided with application relating to facility activity or material activity

Subdivision B—Application relating to any kind of facility activity or material activity

16 General information relating to the regulated activity

17 General conduct of the activity

18 Resources for the safe conduct of the activity

19 Office holder with control of activity

20 Radiation monitoring boundaries and exclusion zones

21 Nuclear safety management system, arrangements and plans for the conduct of the activity

22 Records management system

23 Treatment of clearance material

Subdivision C—Application relating to a facility activity—additional information and documents

24 Additional information and documents—any kind of facility activity

25 Additional information and documents—activity of preparing a site for an NNP facility in a designated zone

26 Additional information and documents—activity of constructing an NNP facility in a designated zone

27 Additional information and documents—activity of having possession or control of an NNP facility in a designated zone

28 Additional information and documents—activity of operating an NNP facility in a designated zone

29 Additional information and documents—activity of decommissioning an NNP facility in a designated zone

30 Additional information and documents—activity of disposing of an NNP facility in a designated zone

Subdivision D—Application relating to a material activity—additional information and documents

31 Additional information and documents for any kind of material activity—general

32 Additional information and documents for any kind of material activity—transport management and movement plans

33 Additional information and documents—activity of having possession or control of NNP material or NNP equipment or plant in a designated zone

34 Additional information and documents—activity of using NNP material in a designated zone

35 Additional information and documents—activity of using or operating NNP equipment or plant in a designated zone

36 Additional information and documents—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

Division 3—Manner of giving application

37 Manner of giving an application

Division 4—Further information Regulator may require in connection with application

38 Further information the Regulator may require

Part 3—Matters to be satisfied of or taken into account in issuing licence authorising facility activity or material activity

Division 1—Preliminary

39 Simplified outline of this Part

40 Matters the Regulator must be satisfied of or take into account in issuing licence authorising facility activity or material activity

Division 2—Matters to be satisfied of or taken into account

Subdivision A—Licence authorising any kind of facility activity or material activity

41 General matters the Regulator must be satisfied of

42 General matters the Regulator must take into account

Subdivision B—Licence authorising facility activity—additional matters

43 Additional matters—any kind of facility activity

44 Additional matters—activity of preparing a site for an NNP facility in a designated zone

45 Additional matters—activity of having possession or control of an NNP facility in a designated zone

46 Additional matters—activity of operating an NNP facility in a designated zone

47 Additional matters—activity of decommissioning an NNP facility in a designated zone

48 Additional matters—activity of disposing of an NNP facility in a designated zone

Subdivision C—Licence authorising material activity—additional matters

49 Additional matters—any kind of material activity

Part 4—Conditions applying to licence authorising facility activity or material activity

Division 1—Preliminary

50 Simplified outline of this Part

51 Application of this Part

52 Conditions to which a licence authorising a facility activity or material activity is subject

Division 2—Conditions applying to licence authorising any kind of facility activity or material activity

Subdivision A—General conditions relating to the conduct of the regulated activity

53 General conduct of the regulated activity

54 Adequate resources for the safe conduct of the regulated activity

55 Changes to the conduct of the regulated activity and to systems, arrangements, designs and plans

56 Conducting the regulated activity

57 Nuclear safety site induction

58 Warning placards and warning devices

59 Radiation monitoring boundaries and exclusion zones

Subdivision B—Conditions relating to nuclear management system, arrangements and plans for the activity

60 Nuclear safety management system, arrangements and plans for the conduct of the activity

Subdivision C—Conditions relating to reporting, record keeping, audit and review

61 Records management system

62 Information and documents on request

63 Reporting—potential serious impacts and breaches

64 Reporting—incidents

65 Reporting—holdings of radioactive waste awaiting disposal

66 Reporting—change of office holder with control of activity

67 Reporting—final report for final period of licence

68 Nuclear safety management system, arrangements, plans and records management system must be audited and reviewed

Subdivision D—Conditions relating to dose limits

69 Dose limits

70 Dose limits—facility activity

71 Dose limits—activity of having possession or control of NNP material or NNP equipment or plant

72 Effective dose limits for ionising radiation

73 Effective doses

74 Annual equivalent dose limit for ionising radiation

75 Occupationally exposed persons

76 Reporting—increases in radiation exposure

Division 3—Additional conditions applying to licence authorising facility activity

77 Additional conditions for any kind of facility activity—risk levels and activity levels

78 Additional conditions for any kind of facility activity—sale, transfer or abandonment of a site, NNP facility or proposed NNP facility

79 Additional conditions—activity of preparing a site for an NNP facility in a designated zone

80 Additional conditions—activity of constructing an NNP facility in a designated zone

81 Additional conditions—activity of having possession or control of an NNP facility in a designated zone

82 Additional conditions—activity of operating an NNP facility in a designated zone

83 Additional conditions—activity of decommissioning an NNP facility in a designated zone

84 Additional conditions—activity of disposing of an NNP facility in a designated zone

85 Additional conditions—general requirements for plans required under this Division

Division 4—Additional conditions applying to licence authorising material activity

86 Additional conditions for any kind of material activity—maintaining inventory, information and documents

87 Additional conditions for any kind of material activity—storing, managing and handling NNP material or NNP equipment or plant

88 Additional conditions for any kind of material activity—field exercises

89 Additional conditions for any kind of material activity—transport or movement of naval nuclear propulsion plant

90 Additional conditions for any kind of material activity—transport of NNP material and NNP equipment or plant only as approved

91 Additional conditions for any kind of material activity—transport management and movement plans

92 Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—sale, transfer or abandonment

93 Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—plan for possession or control

94 Additional conditions—activity of using NNP material in a designated zone

95 Additional conditions—activity of using or operating NNP equipment or plant in a designated zone

96 Additional conditions—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

97 Additional conditions—general requirements for certain plans required under this Division

Division 5—Additional conditions applying to transitional licences

98 Preliminary

99 Additional conditions—information and documents relating to application for ARPANS licence

100 Additional conditions—enforcement actions relating to ARPANS licence

101 Additional conditions—information and documents relating to ARPANS licence on request

Part 5—Nuclear safety incidents

102 Simplified outline of this Part

103 Kinds of incidents that are nuclear safety incidents

104 Information to be given in report of a nuclear safety incident

105 Actions after initial report of a nuclear safety incident

Part 6—Suspension of licences and review of licence decisions

106 Simplified outline of this Part

107 Period of licence suspension

108 Information to be included in application for review of licence decision

Part 7—Other matters

109 Simplified outline of this Part

110 Annual report—other matters to be included

111 State and Territory laws that do not apply in relation to a regulated activity

112 Obligations under international agreements that a person must have regard to when performing functions under the Act

113 Application for exemption from a provision of Act or licence condition

Schedule 1—Designated zones

1 Stirling designated zone (the area known as HMAS Stirling at Garden Island in Western Australia)

2 Osborne designated zone (the area known as Osborne Naval Shipyard in South Australia)

Schedule 2—Activity values for nuclides

Part 1—Activity values for nuclides

1 Activity values for nuclides

Part 2—Parent and progeny nuclides

2 Parent nuclides and progeny nuclides

 

  This instrument is the Australian Naval Nuclear Power Safety Regulations 2025.

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The later of:

(a) the day after this instrument is registered; and

(b) the day on which the Australian Naval Nuclear Power Safety Act 2024 commences.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

  This instrument is made under the Australian Naval Nuclear Power Safety Act 2024.

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) nuclear safety;

(b) nuclear safety incident.

  In this instrument:

absorbed dose has the meaning given by subsection 7(3).

Act means the Australian Naval Nuclear Power Safety Act 2024.

activity, of a nuclide, has the meaning given by subsection 5(2).

ARPANS licence, in relation to a transitional licence, has the meaning given by subsection 98(2).

AS/NZS IEC 60825.1:2014 means the Australian/New Zealand Standard AS/NZS IEC 60825.1:2014 Safety of laser products, Part 1: Equipment classification and requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 12 November 2014.

AS/NZS IEC 62471:2011 means the Australian/New Zealand Standard AS/NZS IEC 62471:2011 Photobiological safety of lamps and lamp systems, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 5 December 2011.

Australian National Radiation Dose Register means the register established by the Australian Radiation Protection and Nuclear Safety Agency to store and maintain radiation dose records of occupationally exposed persons.

clearance material means an inventory or waste package of NNP material for which the derived activity value is equal to or less than 1.

derived activity value, for an inventory or waste package of NNP material, has the meaning given by subsection 5(1).

dose:

 (a) means a measure of energy deposited by radiation in a target; and

 (b) includes an absorbed dose, equivalent dose and effective dose.

effective dose has the meaning given by subsection 7(1).

emergency worker has a meaning affected by subsection 72(7).

equivalent dose has the meaning given by subsection 7(2).

exposed, in relation to a person, means the person being exposed to radiation.

occupationally exposed person has the meaning given by paragraph 75(1)(a).

possession or control period, in relation to an NNP facility, means the period during which the relevant licence holder:

 (a) is authorised to possess or control the facility (or both); and

 (b) is not authorised to conduct any other facility activity in relation to the facility.

previous licensing stage has the meaning given by paragraph 24(3)(f).

reference incident means a hypothetical scenario for a severe accident that results in the release of radionuclides into the environment.

Note: A reference incident would, if it occurred, be a nuclear safety incident: see subsection 21(2) of the Act.

sealed NNP material means NNP material permanently contained in a capsule, or closely bound in a solid form, that is strong enough to be leaktight for:

 (a) the intended use of the NNP material; and

 (b) any reasonably foreseeable abnormal events likely to affect the NNP material.

serious civil penalty provision has the meaning given by subsection 63(7).

serious offence has the meaning given by subsection 63(6).

transitional licence means a licence that has effect as if it were an Australian naval nuclear power safety licence issued under the Act due to the Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024.

unsealed NNP material means NNP material that is not sealed NNP material.

waste package means the waste form of NNP material and its container as prepared for handling, transport, storage or disposal.

 (1) The derived activity value for an inventory or waste package of NNP material is worked out as follows:

 (a) first, divide the activity of each nuclide in the NNP material by the activity value specified in clause 1 of Schedule 2 for the nuclide;

 (b) secondly, if there is more than one nuclide in the NNP material, total the result of paragraph (a) for each nuclide.

Note: Section 6 affects how the activity of a parent nuclide mentioned in clause 2 of Schedule 2 (or marked a in clause 1 of Schedule 2) is worked out, by providing for inclusion of the activity of certain progeny nuclides that are included in secular equilibrium with the parent nuclide.

 (2) The activity of a nuclide is the rate at which nuclear transformations of the nuclide occur, worked out in accordance with the definition of activity in the IAEA Nuclear Safety and Security Glossary, Terminology Used in Nuclear Safety, Nuclear Security, Radiation Protection and Emergency Preparedness and Response, 2022 (Interim) Edition, published by the International Atomic Energy Agency, as existing on 5 June 2025.

Note: The Glossary could in 2025 be viewed on the website of the International Atomic Energy Agency (https://www.iaea.org).

 (1) For the purposes of this instrument, in determining the activity of a parent nuclide mentioned in an item in the table in clause 2 of Schedule 2, include the activity of any progeny nuclide mentioned in that item that is included in secular equilibrium with the parent nuclide.

Note: Parent nuclides are also marked a in the table in clause 1 of Schedule 2.

 (2) Except for the purposes of determining under subsection (1) the activity of a parent nuclide mentioned in an item in the table in clause 2 of Schedule 2, the activity of a progeny nuclide mentioned in an item in that table is taken to be nil when included in secular equilibrium with a parent nuclide mentioned in that item.

 (1) Effective dose is a measure of dose that takes into account both the type of radiation involved and the radiological sensitivities of the organs and tissues irradiated. The effective dose is to be worked out in the same way as it would be worked out under the Australian Radiation Protection and Nuclear Safety Regulations 2018.

 (2) Equivalent dose is a measure of dose in organs and tissues that takes into account the type of radiation involved. The equivalent dose is to be worked out in the same way as it would be worked out under the Australian Radiation Protection and Nuclear Safety Regulations 2018.

 (3) The absorbed dose is the energy absorbed per unit mass by matter from ionising radiation that impinges upon it. The absorbed dose is to be worked out in the same way as it would be worked out under the Australian Radiation Protection and Nuclear Safety Regulations 2018.

 

  For the purposes of subsection 10(3) of the Act, the Stirling designated zone (the area known as HMAS Stirling at Garden Island in Western Australia) is the area indicated by the shaded area on the aerial photographic map in clause 1 of Schedule 1.

  For the purposes of subsection 10(4) of the Act, the Osborne designated zone (the area known as the Osborne Naval Shipyard in South Australia) is the area indicated by the shaded area on the aerial photographic map in clause 2 of Schedule 1.

  For the purposes of subparagraph 12(d)(ii) of the Act, the activity level for a radioactive waste management facility that contains, or is designed to contain, NNP material that is radioactive waste from an AUKUS submarine is the level at which the derived activity value for the inventory or a waste package of NNP material that the facility contains, or is designed to contain, is 1.

Note: The radioactive waste management facility must be a facility for managing, storing or disposing of radioactive waste from an AUKUS submarine: see subparagraph 12(d)(i) of the Act. If the activity of the facility is greater than the activity level prescribed for the facility, the facility is an NNP facility: see paragraph 12(d) of the Act.

  For the purposes of subsection 14(2) of the Act, an activity covered by paragraph 14(1)(a) or (b) of the Act is not a material activity to the extent that the NNP material involved in the activity is clearance material.

  For the purposes of subparagraph 15(2)(c)(ii) of the Act, the following equipment or plant that is from, or for use on, an AUKUS submarine and that produces harmful nonionising radiation when energised is prescribed:

 (a) equipment that interacts with, or is for direct use on, naval nuclear propulsion plant (of a kind covered by paragraph 15(2)(a) or (b) of the Act) and that:

 (i) is designated as tooling in a support system specification for an AUKUS submarine; or

 (ii) is industrial equipment (including measurement equipment) for the purposes of combat capability, maintenance, or other support activities;

 (b) any part of naval nuclear propulsion plant (of a kind covered by paragraph 15(2)(a) or (b) of the Act) that is detached from the plant.

To conduct a regulated activity, a person generally must be authorised by an Australian naval nuclear power safety licence and comply with the conditions of the licence (see sections 19, 23 and 25 of the Act for the offences and civil penalty provisions relating to this).

A Commonwealthrelated person may apply for a licence (see section 28 of the Act). The application must meet the requirements in section 30 of the Act, which include that the application must:

 (a) specify certain matters, such as the regulated activity to be authorised by the licence and the persons, or class of persons, to be authorised to conduct the regulated activity; and

 (b) contain the information, and be accompanied by the documents, prescribed by the regulations; and

 (c) be given to the Regulator in the manner prescribed by the regulations.

Division 2 of this Part prescribes information and documents for applications for a licence to authorise a facility activity or a material activity. Such information and documents may:

 (a) be required for all such applications (this is set out in Subdivision B); or

 (b) only be required for applications relating to facility activities or a particular kind of facility activity (this is set out in Subdivision C); or

 (c) only be required for applications relating to material activities or a particular kind of material activity (this is set out in Subdivision D).

If information or documents are required in relation to a particular matter, there may be:

 (a) a related requirement in Part 3 for the Regulator to be satisfied of, or take into account, the matter; or

 (b) a related licence condition in Part 4.

Division 3 of this Part prescribes the manner in which the application must be given to the Regulator.

At any time before the Regulator has made a decision on the application, the Regulator may, under section 30A of the Act, request further information of a kind prescribed by Division 4 of this Part from the applicant in connection with the application.

  This Part does not apply to an application for a licence to authorise a submarine activity.

Note: For the meaning of submarine activity, see section 13 of the Act.

  For the purposes of paragraphs 30(1)(j) and (k) of the Act:

 (a) the information to be contained in an application for a licence to authorise a facility activity or material activity; and

 (b) the documents to accompany that application;

are the information and documents that are prescribed by this Division as required for an application for a licence to authorise that kind of facility activity or material activity.

  For an application for a licence to authorise any kind of facility activity or material activity, the following information and documents are required:

 (a) information and documents that describe and document the expertise, training and information that the persons, or class of persons, to be authorised to conduct the regulated activity would have, if the licence is issued, to ensure the nuclear safety of the activity;

 (b) information and documents that describe and document all technical authorities or standards addressing measures to ensure, so far as reasonably practicable, nuclear safety that would apply in relation to the conduct of the regulated activity if the licence is issued;

 (c) a list of the NNP facilities or proposed NNP facilities that would be involved in the conduct of the activity;

 (d) if it is reasonably foreseeable that:

 (i) any other high risk activities or material would be, or could be, conducted or located in, or near, the designated zone in which the regulated activity would be conducted; and

 (ii) those activities or materials could reasonably pose additional risks to the nuclear safety of the regulated activity;

  a description of measures proposed to mitigate that additional risk;

 (e) an analysis of the radiological consequences to the surrounding environment from a reference incident at the site of the regulated activity;

 (f) a description of the proposed arrangements to insure the conduct of the activity;

 (g) if a permit would be required under the Nuclear NonProliferation (Safeguards) Act 1987 in relation to the conduct of the activity—one of the following:

 (i) if the permit has been granted—a copy of the permit;

 (ii) if an application for the permit has been made but not decided at the time of making the application for the licence—information that demonstrates that an application for the permit has been made;

 (iii) if an application for the permit has not been made at the time of making the application for the licence—information indicating when the application for the permit is likely to be made;

 (h) if a permit would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—one of the following:

 (i) if the permit has been granted—a copy of the permit;

 (ii) if an application for the permit has been made but not decided at the time of making the application for the licence—information that demonstrates that an application for the permit has been made;

 (iii) if an application for the permit has not been made at the time of making the application for the licence—information indicating when the application for the permit is likely to be made;

 (i) if an approval would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—one of the following:

 (i) if the approval has been given—a copy of the approval;

 (ii) if an application for the approval has been made but not decided at the time of making the application for the licence—information that demonstrates that an application for the approval has been made;

 (iii) if an application for the approval has not been made at the time of making the application for the licence—information indicating when the application for the approval is likely to be made;

 (j) if a referral would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—one of the following:

 (i) if a decision has been made on the referral—a copy of the decision;

 (ii) if a decision on the referral has not been made at the time of making the application for the licence and subparagraph (iii) does not apply—a copy of the referral;

 (iii) if the referral was withdrawn before a decision on the referral was made—information and documents that describe and document the withdrawal of the referral;

 (k) if an environmental impact statement would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—a copy of the environmental impact statement.

Note 1: To issue the licence, the Regulator must be satisfied of certain matters dealt with in this section: see section 41. For example, the Regulator must be satisfied that the conduct of the activity would be adequately and appropriately insured.

Note 2: Paragraph (f) of this section only requires a description of the arrangements. It does not require contracts or full details of particular commercial arrangements to be provided.

  For an application for a licence to authorise any kind of facility activity or material activity, information and documents that describe and document how the activity would be conducted in accordance with section 53 are required.

Note: The licence, if issued, would be subject to a condition that the regulated activity is conducted in accordance with section 53: see that section.

  For an application for a licence to authorise any kind of facility activity or material activity, information and documents that describe and document the financial, human and technical resources that the proposed licence holder would have, and would be able to control and maintain, to conduct the activity safely throughout the proposed period of the licence are required.

Note: The licence, if issued, would be subject to a condition that the licence holder have, control and maintain adequate resources for the safe conduct of the activity: see section 54.

  For an application for a licence to authorise any kind of facility activity or material activity, details of the office holder of the proposed licence holder that would have organisational, financial and operational control of the conduct of the regulated activity authorised by the licence are required.

Note: The licence, if issued, would be subject to a condition that the licence holder notify the Regulator if the person who is this office holder changes: see section 66.

  For an application for a licence to authorise any kind of facility activity or material activity, the following information and documents are required:

 (a) information and documents that describe and document the boundaries proposed to be set for the radiation monitoring of the regulated activity;

 (b) information and documents that describe and document the exclusion zones proposed to be set around the boundary of the area in which the regulated activity would be conducted.

Note 1: To issue the licence, the Regulator must be satisfied that the boundaries set for radiation monitoring, and the exclusion zones, would ensure nuclear safety and the exclusion zones would be enforced: see subsections 41(3) and (4).

Note 2: The licence, if issued, would be subject to conditions that radiation monitoring is undertaken within the boundaries in accordance with the radiation protection plan and that the exclusion zones are enforced: see subsections 59(2) and (4).

 (1) This section applies to an application for a licence to authorise any kind of facility activity or material activity.

 (2) The following are required:

 (a) information and documents that describe and document the proposed nuclear safety management system for the activity;

 (b) information and documents that describe and document the following for the activity:

 (i) the proposed arrangements for organisational and human control of the activity;

 (ii) the proposed regulatory compliance plan;

 (iii) the proposed supply chain management plan;

 (iv) the proposed nuclear safety plan;

 (v) the proposed radiation protection plan;

 (vi) the proposed radioactive waste management plan;

 (vii) the proposed security plan;

 (viii) the proposed emergency management and response plan;

 (ix) the proposed environmental protection plan;

 (x) the proposed insolvency plan;

 (c) a description of how that system, those arrangements and each of those plans would be implemented, maintained, audited and reviewed if the licence is issued.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the system, arrangements and plans and that the system, arrangements and plans are implemented, maintained, audited and reviewed: see sections 60 and 68.

 (3) Information is required that describes how international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the system, arrangements and plans.

  For an application for a licence to authorise any kind of facility activity or material activity, the following information and documents are required:

 (a) information and documents that describe and document the proposed records management system for the activity;

 (b) a description of how the records management system would be implemented, maintained, audited and reviewed if the licence is issued.

Note: The licence, if issued, would be subject to conditions that records relating to the conduct of the regulated activity are kept in the records management system for the activity and the system must be implemented, maintained, audited and reviewed: see sections 61 and 68.

  For an application for a licence to authorise:

 (a) a kind of facility activity other than the activity of preparing a site for an NNP facility in a designated zone; or

 (b) any kind of material activity;

information and documents are required that describe and document how clearance material from the conduct of the activity will be maintained, stored or disposed of.

 (1) This section applies to an application for a licence to authorise any kind of facility activity.

 (2) Baseline radiological data for the site of the NNP facility, or proposed NNP facility, obtained prior to the siting of the facility is required.

 (3) The following are required:

 (a) a description of the level of nuclear safety risk posed by the activity proposed to be authorised;

 (b) information that demonstrates how the following has been considered in assessing that level of risk:

 (i) the hazard level and complexity of the activity;

 (ii) the characteristics of the NNP facility, or proposed NNP facility, and its site or proposed site;

 (iii) potential risks to persons proposed to be authorised to conduct the activity, to likely occupationally exposed persons, to the public and to the environment;

 (iv) any other technical, human or organisational factor relevant to the activity that could pose a reasonably foreseeable risk to nuclear safety;

 (c) details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant that would be, or could be, involved in the conduct of the activity;

 (d) information that demonstrates that the applicant has considered, in relation to the conduct of the activity, all regulated activities that could reasonably be foreseen to be conducted in relation to the NNP facility, or proposed NNP facility, over its lifetime;

 (e) details of the consultation undertaken with stakeholders, Aboriginal and Torres Strait Islander peoples and the public in relation to the activity and the NNP facility or proposed NNP facility;

 (f) subject to subsection (4), information and documents that describe and document how all conditions applying to the licence (the previous licensing stage) authorising the most recent previous facility activity in relation to the NNP facility, or proposed NNP facility, have been complied with.

Note 1: For the purposes of paragraph (e), matters in relation to which consultation may need to be undertaken include the development of a plan or safety case for the activity.

Note 2: For the purposes of paragraph (f), this includes conditions specified by the Regulator for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act. To issue the licence, the Regulator must take the extent of compliance with conditions into account: see paragraph 43(3)(c) of this instrument.

 (4) Paragraph (3)(f) does not apply if:

 (a) the application is for a licence to authorise a facility activity of preparing a site for an NNP facility in a designated zone; or

 (b) the licence authorising the most recent previous facility activity in relation to the NNP facility, or proposed NNP facility, is a transitional licence; or

 (c) if the application is for a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone—a licence authorising the operation of the facility has been issued under the Act or the Australian Radiation Protection and Nuclear Safety Act 1998.

 (1) This section applies to an application for a licence to authorise a facility activity of preparing a site for an NNP facility (the proposed NNP facility) in a designated zone.

Safety case report (siting)

 (2) A safety case report for the siting of the proposed NNP facility that demonstrates the suitability of the site for the life of the facility and the regulated activities intended to be conducted at the facility is required.

Site evaluation

 (3) An evaluation of the suitability of the site for the proposed NNP facility is required.

Note: To issue the licence, the Regulator must be satisfied that the site evaluation demonstrates the suitability of the site for the proposed NNP facility: see section 44.

Environmental protection requirements

 (4) If the applicant believes that no requirements of the kind mentioned in paragraphs 16(h) to (k) (environmental protection requirements under Commonwealth, State or Territory law) would apply to the conduct of the activity, details of the grounds for that belief are required.

Conceptual design of the proposed NNP facility (siting)

 (5) A conceptual design of the proposed NNP facility is required that:

 (a) ensures nuclear safety of the facility and its proposed construction and operation; and

 (b) supports the safety case report’s demonstration that the site is suitable for the life of the facility and the regulated activities intended to be conducted at the facility.

Plan for preparing the site

 (6) Information and documents that describe and document the proposed plan for preparing the site for the proposed NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 79.

Preliminary decommissioning plan

 (7) A preliminary decommissioning plan for the proposed NNP facility is required.

Note: To issue the licence, the Regulator must take this plan into account: see subsection 43(3).

 (1) This section applies to an application for a licence to authorise a facility activity of constructing an NNP facility (the proposed NNP facility) in a designated zone.

Safety case report (construction)

 (2) A safety case report for the construction of the proposed NNP facility that demonstrates the suitability of the construction for the life of the facility and the regulated activities intended to be conducted at the facility is required.

Site evaluation

 (3) The following are required:

 (a) an evaluation of the suitability of the site for constructing the proposed NNP facility;

 (b) information and documents that:

 (i) describe and document the site works undertaken to enable the construction of the facility; and

 (ii) document that those works are now complete.

Environmental protection requirements

 (4) If the applicant believes that no requirements of the kind mentioned in paragraphs 16(h) to (k) (environmental protection requirements under Commonwealth, State or Territory law) would apply to the conduct of the activity, details of the grounds for that belief are required.

Design of the proposed NNP facility (construction)

 (5) A design of the proposed NNP facility is required that:

 (a) ensures nuclear safety of the facility and its proposed operation; and

 (b) supports the safety case report’s demonstration that the construction is suitable for the life of the facility and the regulated activities intended to be conducted at the facility; and

 (c) complies with subsection (6).

 (6) The design must include information and documents addressing the functional safety requirements of:

 (a) any material activity intended to be conducted at the facility; and

 (b) any naval nuclear propulsion plant in the facility that is not on a UK/US submarine; and

 (c) any such plant’s interaction with:

 (i) the facility; or

 (ii) any material activity mentioned in paragraph (a);

including the control of reactivity, the removal of residual heat (cooling) and containment.

Construction plan

 (7) Information and documents that describe and document the proposed construction plan for the proposed NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 80.

Preliminary decommissioning plan

 (8) A preliminary decommissioning plan for the proposed NNP facility is required.

Note: To issue the licence, the Regulator must take this plan into account: see subsection 43(3).

 (1) This section applies to an application for a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone.

Note: If the application is for a licence that authorises both the possession and control of the NNP facility, the information and documents prescribed by this instrument as required for an application authorising possession or control of the facility are required for both the possession and control.

Safety case report (possession or control)

 (2) A safety case report for the possession or control of the NNP facility is required.

Construction evaluation

 (3) An evaluation of the construction of the NNP facility is required that assesses whether the design of the construction supports the safety case report’s demonstration of the suitability of the facility for the possession or control.

Note: To issue the licence, the Regulator must be satisfied that the construction evaluation demonstrates the suitability of the NNP facility for the possession or control: see subsection 45(2).

 (4) Subsection (3) does not apply if a licence authorising the operation of the NNP facility has been issued under the Act or the Australian Radiation Protection and Nuclear Safety Act 1998.

Plan for the possession or control period

 (5) Information and documents that describe and document the proposed possession or control period plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 81.

Field exercise

 (6) The results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity is required.

Note: To issue the licence, the Regulator must take these results into account: see subsection 45(3).

Preliminary plans

 (7) The following are required:

 (a) if a licence authorising the operation of the facility has never been issued under the Act or the Australian Radiation Protection and Nuclear Safety Act 1998—a preliminary operational plan for the NNP facility;

 (b) a preliminary decommissioning plan for the NNP facility;

 (c) a preliminary disposal plan for the NNP facility.

Note: To issue the licence, the Regulator must take these preliminary plans into account: see subsection 43(3).

 (1) This section applies to an application for a licence to authorise a facility activity of operating an NNP facility in a designated zone.

Safety case report (operation)

 (2) A safety case report for the operation of the NNP facility is required.

Evaluation of operational readiness

 (3) The following are required:

 (a) an evaluation of the readiness of the NNP facility for its proposed operation;

 (b) information and documents that describe and document the testing undertaken to confirm readiness.

Note: To issue the licence, the Regulator must be satisfied that the evaluation of operational readiness demonstrates the suitability of the NNP facility for its proposed operation: see subsection 46(2).

Commissioning plan

 (4) Information and documents that describe and document the proposed commissioning plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 82.

Operational plan

 (5) Information and documents that describe and document the proposed operational plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 82.

Field exercise

 (6) The results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity is required.

Note: To issue the licence, the Regulator must take these results into account: see subsection 46(3).

Preliminary plans

 (7) The following are required:

 (a) a preliminary decommissioning plan for the NNP facility;

 (b) a preliminary disposal plan for the NNP facility.

Note: To issue the licence, the Regulator must take these preliminary plans into account: see subsection 43(3).

 (1) This section applies to an application for a licence to authorise a facility activity of decommissioning an NNP facility in a designated zone.

Safety case report (decommissioning)

 (2) A safety case report for the decommissioning of the NNP facility is required.

Strategy and plan for decommissioning the NNP facility

 (3) The following are required:

 (a) information and documents that describe and document the proposed decommissioning plan for the NNP facility;

 (b) the decommissioning strategy on which the proposed decommissioning plan is based.

Note 1: To issue the licence, the Regulator must take into account the decommissioning strategy: see paragraph 47(2)(a).

Note 2: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 83.

Field exercise

 (4) The results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity is required.

Note: To issue the licence, the Regulator must take these results into account: see paragraph 47(2)(b).

Preliminary disposal plan

 (5) A preliminary disposal plan for the NNP facility is required that addresses how the proposed decommissioning plan for the facility supports the safety case report’s demonstration of the suitability of the facility for decommissioning.

Note: To issue the licence, the Regulator must take this plan into account: see subsection 43(3).

 (1) This section applies to an application for a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

Safety case report (disposal)

 (2) A safety case report for the disposal of the NNP facility is required.

Decommissioning evaluation

 (3) An evaluation of the decommissioning of the NNP facility is required.

Note: To issue the licence, the Regulator must be satisfied that the decommissioning evaluation demonstrates the suitability of the NNP facility for disposal: see subsection 48(2).

Disposal plan

 (4) Information and documents that describe and document the proposed disposal plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 84.

Independent assessment

 (5) An assessment by a suitably qualified and experienced independent person of whether the proposed disposal plan for the activity would result in any ongoing radiation exposure at the site of the NNP facility being sufficiently low so as not to pose an ongoing hazard to the public or the environment is required.

Note: To issue the licence, the Regulator must take the independent assessment into account: see subsection 48(3).

 (1) This section applies to an application for a licence to authorise any kind of material activity in a designated zone.

 (2) The following information and documents are required:

 (a) details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant that would be, or could be, involved in the conduct of the activity;

 (b) information and documents that describe and document the proposed arrangements for storing, managing and handling any such NNP material or NNP equipment or plant;

 (c) the results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity.

 (3) For an application for a licence to authorise a material activity that would involve a kind of NNP material or NNP equipment or plant specified in column 1 of an item in the following table, the information and documents specified in column 2 of the item are required.

 

Information and documents—material activities involving particular NNP material or NNP equipment or plant

Item

Column 1

Kind of NNP material or NNP equipment or plant

Column 2

Information and documents required

1

Sealed NNP material

Information and documents that describe and document the following:

(a) the hazard level, nuclide, activity level, chemical form and physical form of the sealed NNP material;

(b) the encapsulation material for the sealed NNP material;

(c) the identification details of the sealed NNP material;

(d) the intended purpose of the sealed NNP material;

(e) where the sealed NNP material would be located

2

Unsealed NNP material

Information and documents that describe and document the following:

(a) the hazard level, nuclide, chemical form and physical form of the unsealed NNP material;

(b) the identification details of the unsealed NNP material;

(c) the intended purpose of the unsealed NNP material;

(d) where the unsealed NNP material would be located;

(e) the forecast maximum activity level of each nuclide at each of those locations

3

NNP equipment or plant that produces ionising radiation

Information and documents that describe and document the following:

(a) the hazard level, and the maximum output (in a relevant unit of measurement e.g. joules per kilogram), of the NNP equipment or plant;

(b) the identification details of the NNP equipment or plant;

(c) the intended purpose of the NNP equipment or plant;

(d) where the NNP equipment or plant would be located

4

NNP equipment or plant that produces harmful nonionising radiation

Information and documents that describe and document the following:

(a) the hazard level of the NNP equipment or plant;

(b) the identification details of the NNP equipment or plant;

(c) the intended purpose of the NNP equipment or plant;

(d) the likely exposure to radiation from the NNP equipment or plant and all relevant output parameters for the exposure;

(e) where the NNP equipment or plant would be located

 

Note 1: To issue the licence, the Regulator must take into account the details provided under paragraphs (2)(a) and (b) and the description and documentation provided under the relevant item in the table in subsection (3): see section 49.

Note 2: The licence, if issued, would be subject to conditions that:

(a) the licence holder maintain a current inventory of NNP material and NNP equipment or plant and keep uptodate the information and documents specified in the relevant item in the table in subsection (3) (see section 86); and

(b) the licence holder conduct the activity in accordance with the arrangements for storing, managing and handling the NNP material and NNP equipment or plant, and that the arrangements are implemented, maintained, audited and reviewed (see sections 68 and 87); and

(c) the licence holder ensures a field exercise is conducted every 2 years and that, if required, any system, arrangements or plan mentioned in section 60 is updated in response to the results of the field exercise (see section 88).

 (1) This section applies to an application for a licence to authorise any kind of material activity in a designated zone.

Transport management plan

 (2) Information and documents that describe and document the proposed transport management plan for transporting NNP material or NNP equipment or plant into, or out of, a designated zone for the activity are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 91.

Movement plan

 (3) Information and documents that describe and document the proposed movement plan for moving NNP material or NNP equipment or plant within a designated zone for the activity are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 91.

  For an application for a licence to authorise a material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone, information and documents that describe and document the proposed plan for the possession or control of the NNP material or NNP equipment or plant are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 93.

  For an application for a licence to authorise a material activity of using NNP material in a designated zone, information and documents that describe and document the proposed plan for using the NNP material are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 94.

  For an application for a licence to authorise a material activity of using or operating NNP equipment or plant in a designated zone, information and documents that describe and document the proposed plan for using or operating the NNP equipment or plant are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 95.

  For an application for a licence to authorise a material activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone, information and documents that describe and document the proposed plan for the maintaining, storing or disposing of the NNP material or NNP equipment or plant are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 96.

 (1) For the purposes of paragraph 30(1)(l) of the Act, the manner for giving an application for a licence to authorise any kind of facility activity or material activity is through the online lodgement facility provided by the Regulator.

Note: The application must be in the approved form (if any): see paragraph 30(1)(i) of the Act.

 (2) The Regulator must publish a notice of the application on its website.

  For the purposes of subsection 30A(2) of the Act, the kinds of further information that may be required by the Regulator under subsection 30A(1) of the Act in connection with an application for a licence to authorise a facility activity or material activity are the following:

 (a) further information in relation to any information that the application must contain or any documents that must accompany the application (for example, for the purpose of clarifying, confirming or demonstrating a matter to the Regulator’s satisfaction);

 (b) further information in relation to any matter that the Regulator must be satisfied of, or take into account, in deciding whether to issue the licence;

 (c) further information to demonstrate that the proposed licence holder, and any other persons that would be authorised under the licence to conduct the activity, would be able to comply with the Act, this instrument and any licence condition that would be imposed under section 32 of the Act;

 (d) any other information that is reasonably necessary to assist the Regulator to make a decision on the application.

Note: For example, if the Regulator has concerns that a proposed plan for the conduct of the regulated activity provided with the application may not meet the requirements for the plan in section 60, the Regulator may require further information about the changes to the plan the applicant proposes to make to address these concerns.

To conduct a regulated activity, a person generally must be authorised by an Australian naval nuclear power safety licence, and comply with the conditions of the licence (see sections 19, 23 and 25 of the Act for the offences and civil penalty provisions relating to this).

If a Commonwealthrelated person makes an application for a licence under section 28 of the Act, the Regulator may under section 31 of the Act issue, or refuse to issue, the licence to the person.

Under section 31 of the Act, in deciding whether to issue a licence, the Regulator must be satisfied:

 (a) that the applicant will be able to comply with the conditions of the licence; and

 (b) of any matter prescribed by the regulations.

The Regulator must also take into account:

 (a) international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion; and

 (b) any matter prescribed by the regulations.

Division 2 of this Part prescribes matters that the Regulator must be satisfied of, or take into account, in deciding whether to issue a licence to authorise a facility activity or a material activity. The matters may be prescribed:

 (a) for all such licences (this is set out in Subdivision A); or

 (b) only for licences authorising facility activities or a particular kind of facility activity (this is set out in Subdivision B); or

 (c) only for licences authorising material activities (this is set out in Subdivision C).

If the Regulator is required to be satisfied of, or take into account, a matter, there may be:

 (a) a related requirement in Part 2 for the applicant to provide information or documents; and

 (b) a related licence condition in Part 4.

  For the purposes of subparagraphs 31(2)(a)(ii) and 31(2)(b)(ii) of the Act:

 (a) the matters the Regulator must be satisfied of; and

 (b) the matters the Regulator must take into account;

in deciding whether to issue a licence to authorise a facility activity or material activity are the matters prescribed by this Part for a licence to authorise that kind of facility activity or material activity.

 (1) This section applies to a licence to authorise any kind of facility activity or material activity.

General

 (2) The Regulator must be satisfied that:

 (a) the application contains the information and is accompanied by the documents required by Division 2 of Part 2; and

 (b) the applicant has given any further information required by the Regulator under subsection 30A(1) of the Act (see section 38 of this instrument); and

 (c) the applicant has demonstrated that the proposed licence holder would ensure, so far as reasonably practicable, nuclear safety when conducting the regulated activity; and

 (d) the applicant has demonstrated that the proposed licence holder would be able to comply with the other nuclear safety duties that would apply to the licence holder under Division 2 of Part 2 of the Act; and

 (e) the applicant has demonstrated that the systems, arrangements and plans described and documented in the application or a document accompanying the application (see subsection 21(2) and section 22 of this instrument) would be appropriate for their purpose; and

 (f) the applicant has demonstrated that all of the following, in relation to the conduct of the regulated activity, would be kept as low as reasonably achievable taking into account economic and societal factors:

 (i) the magnitude of individual doses;

 (ii) the number of people who are exposed;

 (iii) the likelihood of incurring exposures to ionising radiation and harmful nonionising radiation; and

 (g) the persons, or class of persons, to be authorised to conduct the regulated activity would, so far as reasonably practicable, have appropriate expertise, training and information to ensure the nuclear safety of the regulated activity; and

 (h) if it is reasonably foreseeable that:

 (i) any other high risk activities or material would be, or could be, conducted or located in, or near, the designated zone in which the regulated activity may be conducted under the licence; and

 (ii) those activities or materials could reasonably pose additional risks to the nuclear safety of the regulated activity;

  the measures (as proposed at the time of making the decision to issue the licence) to mitigate that additional risk ensure, so far as reasonably practicable, that additional risk is mitigated; and

 (i) the activity would be adequately and appropriately insured.

Radiation monitoring boundaries and exclusion zones

 (3) The Regulator must be satisfied that the boundaries to be set (as proposed at the time of making the decision to issue the licence) for the radiation monitoring of the regulated activity would ensure nuclear safety.

Note 1: For the information and documents that the applicant must provide that are relevant to this subsection: see section 20.

Note 2: The licence, if issued, would be subject to a condition that radiation monitoring is undertaken within set boundaries in accordance with the radiation protection plan for the activity: see subsection 59(2).

 (4) The Regulator must be satisfied that the exclusion zones to be set around the boundary of the area in which the regulated activity would be conducted (as proposed at the time of making the decision to issue the licence):

 (a) would ensure nuclear safety; and

 (b) would be enforced throughout the proposed period of the licence.

Note 1: For the information and documents that the applicant must provide that are relevant to this subsection: see section 20.

Note 2: The licence, if issued, would be subject to a condition that the exclusion zones are enforced: see subsection 59(4).

  The Regulator must take into account the following matters in deciding whether to issue a licence to authorise any kind of facility activity or material activity:

 (a) whether the applicant has demonstrated that the interaction between technical, human and organisational factors in the management of nuclear safety has been considered in relation to the conduct of the activity;

 (b) whether the applicant has demonstrated that international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the proposed nuclear safety management system for the activity, and the proposed arrangements and plans for the activity, that would be required under section 60;

 (c) the analysis of the radiological consequences to the surrounding environment from a reference incident at the site of the activity, provided under paragraph 16(e);

 (d) any technical authorities or standards, that the Regulator is aware of, that:

 (i) address measures to ensure, so far as reasonably practicable, nuclear safety; and

 (ii) would apply in relation to the conduct of the activity if the licence is issued;

 (e) any other proposed policies or procedures for the conduct of the activity that the Regulator is aware of;

 (f) any other design and operational limits and conditions (actual or proposed) of any infrastructure, plant, equipment, information technology, radiation monitoring boundaries, systems, components, or warning devices proposed to be involved in the conduct of the activity that the Regulator is aware of;

 (g) any other matters the Regulator considers relevant.

Note: For the purposes of paragraph (b), the applicant must provide information that describes how international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the system, arrangements and plans: see subsection 21(3).

 (1) This section applies to a licence to authorise any kind of facility activity.

Note: For the information and documents that the applicant must provide that are relevant to this section, see Subdivision C of Division 2 of Part 2.

Matters to be satisfied of

 (2) The Regulator must be satisfied of the following matters in deciding whether to issue a licence to authorise a facility activity:

 (a) that the applicant has demonstrated that all regulated activities that could reasonably be foreseen to be conducted in relation to the facility, or proposed facility, over its lifetime have been appropriately considered in relation to the conduct of the activity;

 (b) that meaningful consultation has been undertaken with all relevant stakeholders, Aboriginal and Torres Strait Islander peoples and the public about the regulated activity and the facility or proposed facility.

Matters to take into account

 (3) The Regulator must take into account the following matters in deciding whether to issue a licence to authorise a facility activity:

 (a) the baseline radiological data provided under subsection 24(2);

 (b) the level of nuclear safety risk posed by the activity proposed to be authorised (having regard to the matters in paragraph 24(3)(b));

 (c) if paragraph 24(3)(f) applies in relation to the application for the licence—the extent to which conditions applying to the previous licensing stage have been complied with;

 (d) the preliminary plans provided as required by the section in Subdivision C of Division 2 of Part 2 that applies in relation to an application for a licence to authorise the facility activity.

Note 1: The licence, if issued, would be subject to a condition that a current description of the level of nuclear safety risk is maintained: see section 77.

Note 2: For whether paragraph 24(3)(f) applies in relation to the application for the licence, see subsections 24(1) and (4).

Note 3: Preliminary plans may be preliminary decommissioning plans, preliminary operational plans or preliminary disposal plans. A preliminary plan is not required for an application for a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

  For a licence to authorise a facility activity of preparing a site for an NNP facility in a designated zone, the Regulator must be satisfied that the site evaluation for the proposed NNP facility (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the site for the proposed NNP facility.

Note: For the information and documents that the applicant must provide that are relevant to this section, see section 25.

 (1) This section applies to a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone.

 (2) If subsection 27(3) applies in relation to the application for the licence, the Regulator must be satisfied that the construction evaluation for the facility (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the facility for the possession or control.

Note: For whether subsection 27(3) applies, see subsections 27(1) and (4).

 (3) The Regulator must take into account the results of the field exercise provided under subsection 27(6).

 (1) This section applies to a licence to authorise a facility activity of operating an NNP facility in a designated zone.

 (2) The Regulator must be satisfied that the evaluation of the readiness of the facility for its proposed operation (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the facility for its proposed operation.

Note: For the information and documents that the applicant must provide that are relevant to this subsection, see subsection 28(3).

 (3) The Regulator must take into account the results of the field exercise provided under subsection 28(6).

 (1) This section applies to a licence to authorise a facility activity of decommissioning an NNP facility in a designated zone.

 (2) The Regulator must take into account:

 (a) the strategy for decommissioning the facility provided under subsection 29(3); and

 (b) the results of the field exercise provided under subsection 29(4).

 (1) This section applies to a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

 (2) The Regulator must be satisfied that the evaluation of the decommissioning of the facility demonstrates the suitability of the facility for disposal.

Note: For the information and documents that the applicant must provide that are relevant to this subsection, see subsection 30(3).

 (3) The Regulator must take into account the independent assessment provided under subsection 30(5).

  For a licence to authorise any kind of material activity, the Regulator must take into account the following matters:

 (a) the details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant provided under paragraph 31(2)(a);

 (b) the proposed arrangements, described and documented in information and documents provided under paragraph 31(2)(b), for storing, managing and handling any such NNP material or NNP equipment or plant;

 (c) the description and documentation of NNP material or NNP equipment or plant provided under subsection 31(3).

Note: The licence, if issued, would be subject to a condition that the information and documents specified in the relevant item in the table in subsection 31(3) are kept uptodate: see section 86.

A person authorised by an Australian naval nuclear power safety licence to conduct a regulated activity must comply with the conditions of the licence that apply to the person (see sections 23 and 25 of the Act for the offences and civil penalty provisions relating to breach of conditions).

Under section 32 of the Act, a licence is subject to all of the following conditions:

 (a) the condition set out in subsection 32(2) of the Act;

 (b) the conditions prescribed by the regulations;

 (c) conditions specified by the Regulator in the licence at the time of issuing the licence;

 (d) any conditions specified by the Regulator under subsection 34(2) of the Act after the licence is issued.

This Part prescribes conditions for a licence authorising a facility activity or material activity. The conditions apply to the licence holder and may also apply to other persons authorised under the licence. The conditions may apply to:

 (a) all licences authorising a facility activity or material activity (these are set out in Division 2); or

 (b) only licences authorising facility activities or a particular kind of facility activity (these are set out in Division 3); or

 (c) only licences authorising material activities or a particular kind of material activity (these are set out in Division 4); or

 (d) only licences that are transitional licences (these are mainly set out in Division 5).

A licence authorising a facility activity or material activity is also subject to the conditions in section 105 (in Part 5) in relation to nuclear safety incidents that the licence holder is required to report under section 21 of the Act.

  This Part does not apply to a licence authorising a submarine activity.

Note: For the meaning of submarine activity, see section 13 of the Act.

 (1) For the purposes of paragraph 32(1)(b) of the Act, a licence authorising:

 (a) a facility activity; or

 (b) a material activity in a designated zone;

is subject to the conditions prescribed by this Part that are applicable to the activity.

Note: The licence is also subject to conditions relating to a nuclear safety incident that the licence holder must report under section 21 of the Act: see section 105 of this instrument.

 (2) Each condition prescribed by this Part applies to:

 (a) the licence holder; and

 (b) if the condition specifies that it applies to both the licence holder and any other person authorised to conduct the regulated activity—that other person.

 (3) To avoid doubt, if a provision in this Part mentions a period of time during which the licence is in force, the calculation of the period of time is not to include any periods during which the licence is suspended.

Note: A licence is not in force during any period it is suspended (to the extent it is suspended): see subsection 33(3) of the Act.

  It is a condition that the regulated activity is conducted in accordance with the following:

 (a) radiation exposure resulting from the conduct of the activity is to be controlled and monitored;

 (b) ingestion and inhalation of radioactive material, and absorption of radioactive material through direct contact with intact or broken skin, resulting from the conduct of the activity are to be prevented, or mitigated if prevention is not achievable;

 (c) radiation exposure resulting from the conduct of the activity is to be kept as low as reasonably achievable;

 (d) material contaminated with radioactive material or radionuclides resulting from the conduct of the activity is to be controlled;

 (e) NNP material and NNP equipment or plant is to be controlled;

 (f) the reactivity of naval nuclear propulsion plant is to be controlled;

 (g) the naval nuclear propulsion plant is to be effectively cooled and residual decay heat removed;

 (h) the radioactivity of NNP material and naval nuclear propulsion plant is to be controlled and contained;

 (i) the health, in relation to nuclear safety, of all persons authorised under the licence and all other occupationally exposed persons is to be maintained;

 (j) the public and environment are to be protected from exposure to ionising radiation and harmful nonionising radiation resulting from the conduct of the activity;

 (k) hazards or risks that may result in damage to naval nuclear propulsion plant are to be prevented, or mitigated if prevention is not achievable.

Note: There are also nuclear safety duties in Division 2 of Part 2 of the Act that apply to people when they conduct regulated activities.

  It is a condition that the licence holder must, at all times during the period of the licence, have, control and maintain adequate financial, human and technical resources to conduct the regulated activity safely.

 (1) This section applies to the following:

 (a) changes related to the conduct of the regulated activity;

 (b) changes to the nuclear safety management system, arrangements or a plan for the regulated activity required under section 60;

 (c) changes to the records management system for the regulated activity required under section 61;

 (d) changes to a plan or design for the regulated activity required under Division 3 of this Part (plans or designs for particular facility activities);

 (e) changes to a plan or arrangements for the regulated activity required under Division 4 of this Part (plans or arrangements for particular material activities).

Changes that must be approved

 (2) It is a condition that the licence holder must comply with subsection (3) if:

 (a) the licence holder proposes to implement or make the changes; and

 (b) for changes to the nuclear safety plan, the radiation protection plan, the emergency management and response plan or the environmental protection plan (which are covered by paragraph (1)(b))—the proposed changes are not insubstantial, insignificant or trivial or a correction of an administrative error; and

 (c) for any other changes not covered by paragraph (b) of this subsection—the proposed changes are significant or may have significant implications for nuclear safety.

 (3) The licence holder must:

 (a) obtain approval from the Regulator before implementing or making the changes; and

 (b) for changes mentioned in paragraphs (1)(b) to (e)—provide the Regulator with any updated documentation of the system, arrangements, design or plan proposed to be changed.

Changes that must be notified

 (4) It is a condition that the licence holder must comply with subsection (5) if:

 (a) the licence holder implements or makes the changes; and

 (b) the changes are:

 (i) not of a kind required to be approved under subsection (3); and

 (ii) not insubstantial, insignificant or trivial; and

 (c) for changes covered by paragraph (1)(a)—the changes modify any NNP facility, NNP material or NNP equipment or plant, that are, or could be, involved in the regulated activity.

 (5) The licence holder must:

 (a) notify the Regulator of the changes implemented or made; and

 (b) for changes mentioned in paragraphs (1)(b) to (e)—provide the Regulator with any updated documentation of the system, arrangements, design or plan.

  It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must do the following when conducting the regulated activity:

 (a) take all reasonably practicable steps to prevent or minimise human errors and organisational failures in the conduct of the activity;

 (b) take all reasonably practicable steps to prevent or minimise incidents (including accidents, near misses and deficiencies) and to minimise the consequences of any incidents.

Site inductions

 (1) It is a condition that the licence holder must ensure that all persons entering the site of the regulated activity receive a site induction:

 (a) before first entering the site; and

 (b) if the person has not received a site induction in the previous 12 months—before entering an NNP facility, or interacting with NNP material or NNP equipment or plant, at the site; and

 (c) before interacting with a kind of NNP material or NNP equipment or plant, at the site, if the person has not received a site induction that covered that kind of NNP material or NNP equipment or plant in the previous 12 months.

Note: Records must be kept: see section 61.

 (2) The site induction must cover:

 (a) nuclear safety and radiation hazards and risks at the site in relation to the regulated activity and the kinds of NNP material or NNP equipment or plant at the site; and

 (b) for persons at higher risk—the severity of such hazards and risks; and

 (c) how to respond to a nuclear safety incident and any other emergency or incident that could occur in relation to the regulated activity at the site; and

 (d) reporting requirements for nuclear safety incidents and other emergencies or incidents.

Review of induction material and reporting

 (3) It is a condition that the licence holder must review the appropriateness and effectiveness of the induction material:

 (a) after the end of each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued); and

 (b) each time significant changes are required to ensure nuclear safety.

Note: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (4) It is a condition that the licence holder must cause the review to be completed within 3 months after:

 (a) if paragraph (3)(a) applies—the end of the relevant 12 month period; or

 (b) if paragraph (3)(b) applies—the significant change is made.

 (5) It is a condition that the licence holder must, within 14 days of the completion of the review, provide the Regulator with a report on the outcomes of the review that includes details of:

 (a) the assessment of the appropriateness and effectiveness of the material; and

 (b) how any identified deficiencies were, or are proposed to be, rectified.

Note: The licence holder must receive approval from the Regulator before implementing a change identified in the review if the change is significant or may have significant implications for nuclear safety: see section 55.

 (6) However, if the remaining period of the licence, following any periods mentioned in paragraph (3)(a), is 12 months or less, subsections (3) to (5) do not apply to the period.

Note: A final report may be required instead under section 67.

Transitional arrangements

 (7) If the licence is a transitional licence, this section applies in relation to a review of induction material as if:

 (a) a reference to the day the licence is issued were a reference to the day the Act commences; and

 (b) a reference to:

 (i) a period during which the licence is in force; or

 (ii) the remaining period of the licence;

  were a reference to such periods that occur after the Act commences.

Warning placards

 (1) It is a condition that the licence holder must ensure that a sufficient number of warning placards, in relation to nuclear safety hazards and risks, are prominently displayed in the area in which the regulated activity is conducted.

 (2) It is a condition that the placards must be:

 (a) clearly legible by persons approaching the placard; and

 (b) separate from any other sign or writing that contradicts, qualifies or distracts attention from the placard; and

 (c) located:

 (i) as close as is reasonably practicable to the main entrance of each NNP facility or workspace involved in the activity; and

 (ii) at the entrance to each room or walled section in which NNP material or NNP equipment or plant involved in the activity is used, handled or stored; and

 (iii) on, next to, or at the entrance of, each container or outside storage area in which NNP material or NNP equipment or plant involved in the activity is stored or transported; and

 (iv) at each entrance where an emergency service organisation (within the meaning of the Work Health and Safety Regulations 2011) may enter a NNP facility or workspace involved in the activity.

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must:

 (a) ensure that the placards remain accurate; and

 (b) ensure that the placards are:

 (i) kept clean; and

 (ii) maintained in good repair; and

 (iii) not covered or obscured.

Warning devices

 (4) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must:

 (a) ensure that a sufficient number of warning devices are operational in the area in which the regulated activity is conducted, and during the conduct of the activity, to minimise nuclear safety risks; and

 (b) ensure that each warning device is positioned to ensure that the device will work to best effect; and

 (c) ensure that sufficient information, training and instruction is provided to persons in the area in relation to the use of the devices and responding to warnings; and

 (d) take all reasonable steps to ensure that the warning devices are used in accordance with that information, training and instruction.

Incident review

 (5) If a deficiency in the effectiveness or appropriateness of a warning placard or a warning device may have been a factor in an incident relating to the regulated activity, it is a condition that the licence holder must review the appropriateness and effectiveness of the warning placards or warning devices used at the site of the regulated activity.

Note: The licence holder must receive approval from the Regulator before implementing a change identified in the review if the change is significant or may have significant implications for nuclear safety: see section 55.

Radiation monitoring boundaries

 (1) It is a condition that the licence holder must have set boundaries for the radiation monitoring of the regulated activity that:

 (a) ensure nuclear safety; and

 (b) are as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (i) in accordance with section 55; or

 (ii) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

 (2) It is a condition that the licence holder undertake radiation monitoring of the activity within the boundaries in accordance with the radiation protection plan for the activity.

Note: For the radiation protection plan, see section 60.

Exclusion zones

 (3) It is a condition that the licence holder must set one or more exclusion zones around the boundary of the area in which the regulated activity is conducted that:

 (a) ensure nuclear safety; and

 (b) are as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (i) in accordance with section 55; or

 (ii) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

 (4) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must enforce the exclusion zones.

Transitional arrangements

 (5) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the set boundaries and the exclusion zones to the Regulator; and

 (b) paragraph (1)(b) applies as if the reference to the set boundaries as proposed at the time of making the decision to issue the licence were a reference to the set boundaries as described and documented in the information and documents provided to the Regulator on the day the Act commences; and

 (c) paragraph (3)(b) applies as if the reference to the exclusion zones as proposed at the time of making the decision to issue the licence were a reference to the exclusion zones as described and documented in the information and documents provided to the Regulator on the day the Act commences.

 (1) It is a condition that the regulated activity is conducted in accordance with each of the following:

 (a) a nuclear safety management system;

 (b) arrangements for organisational and human control of the activity;

 (c) a regulatory compliance plan;

 (d) a supply chain management plan;

 (e) a nuclear safety plan;

 (f) a radiation protection plan;

 (g) a radioactive waste management plan;

 (h) a security plan;

 (i) an emergency management and response plan;

 (j) an environmental protection plan;

 (k) an insolvency plan.

Note: The regulated activity must also be conducted in accordance with obligations imposed by other laws. The regulatory compliance plan mentioned in paragraph (c) deals with compliance with Commonwealth law and regulatory requirements: see subsection (3).

General requirements for systems, arrangements and plans

 (2) It is a condition that each system, arrangements and plan mentioned in subsection (1):

 (a) be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (i) in accordance with section 55; or

 (ii) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act; and

 (b) be effectively implemented and maintained throughout the period of the licence.

Note 1: No condition in this section that relates to the system, arrangements or plan limits what the licence holder may otherwise choose to deal with in the system, arrangements or plan.

Note 2: The system, arrangements and plans must be audited and reviewed: see section 68.

Specific requirements for each system, arrangements and plan

 (3) It is a condition that the system, arrangements or plan specified in an item in the following table complies with the requirement specified in that item.

 

Requirements for systems, arrangements and plans

Item

Column 1

The…

Column 2

must…

1

nuclear safety management system

ensure control of the activity

2

arrangements for organisational and human control of the activity

maintain control of the organisation and nuclear safety

3

regulatory compliance plan

ensure continual compliance with Commonwealth law and regulatory requirements

4

supply chain management plan

ensure effective supply chains

5

nuclear safety plan

(a) ensure that:

(i) the activity is conducted safely; and

(ii) radiation exposure is kept as low as reasonably achievable within the applicable dose limits (see Subdivision D); and

(b) include a safety case for the activity that deals with any hazards or risks

6

radiation protection plan

ensure:

(a) radiation protection to prevent harmful or accidental irradiation of any person; and

(b) radiation exposure is kept as low as reasonably achievable

7

radioactive waste management plan

ensure effective radioactive waste management

8

security plan

ensure the security of any NNP facilities, NNP material and NNP equipment or plant that are, or could be, involved in the activity

9

emergency management and response plan

ensure that the management of, and response to, emergencies removes or minimises risk or harm to persons or the environment

10

environmental protection plan

ensure environmental management and protection

11

insolvency plan

eliminate or reduce the risk to nuclear safety from potential insolvency, by making effective arrangements for:

(a) potential insolvency of the licence holder; and

(b) the impact of insolvency of the licence holder on nuclear safety; and

(c) indemnities in relation to the regulated activity

Transitional arrangements

 (4) If the licence is a transitional licence:

 (a) the condition in subsection (1) in relation to the arrangements and plans mentioned in paragraphs (1)(b), (c), (d) and (k) does not apply until the day that is 6 months after the commencement of the Act; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide information and documents that describe and document those arrangements and plans to the Regulator; and

 (c) paragraph (2)(a) applies in relation to those arrangements and plans as if the reference to the arrangements or plan as proposed at the time of making the decision to issue the licence were a reference to the arrangements or plan as provided to the Regulator on the day that is 6 months after the commencement of the Act.

 (5) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the nuclear safety management system and the plans mentioned in paragraphs (1)(a), (e), (f), (g), (h), (i) and (j) to the Regulator; and

 (b) paragraph (2)(a) applies to that system and those plans as if the reference to the system or plan as proposed at the time of making the decision to issue the licence were a reference to the system or plan as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Records management system

 (1) It is a condition that records relating to the conduct of the regulated activity are kept in the records management system for the activity.

 (2) It is a condition that the records management system for the activity must:

 (a) ensure that:

 (i) records of all matters of significance in relation to the regulated activity are kept; and

 (ii) all records remain accessible in Australia for at least 90 years or, if the record relates to radiation monitoring or exposure to radiation, for at least 180 years; and

 (iii) all records relating to nuclear safety are traceable in respect of the information they contain; and

 (iv) in the event that the licence expires or is surrendered or cancelled, or the licence holder ceases to exist, all records remain accessible in Australia and are transferrable to the Regulator; and

 (b) be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (i) in accordance with section 55; or

 (ii) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

Note: Paragraph (a) does not limit what the licence holder may otherwise choose to deal with in the system.

 (3) It is a condition that the licence holder must ensure that the records management system is effectively implemented and maintained throughout the period of the licence.

Note: The records management system must be audited and reviewed every 3 years: see section 68.

Access on request

 (4) It is a condition that the licence holder must provide access to records relating to nuclear safety and radiation protection to the Regulator on request.

 (1) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must provide the following information and documents if requested by the Regulator:

 (a) information and documents that describe and document how a condition to which the licence is subject has been, or is being, complied with;

 (b) information that describes how international best practice in relation to nuclear safety has been considered:

 (i) in implementing or maintaining systems, arrangements or plans required under this Part; and

 (ii) in conducting the regulated activity;

 (c) records of doses (both occupational and otherwise) to persons in relation to the conduct of the regulated activity;

 (d) records of any incidents (including accidents, near misses and deficiencies) in relation to the regulated activity and the consequences and management of those incidents;

 (e) any other information or document that is necessary to assist the Regulator to perform any of the Regulator’s functions to ensure nuclear safety.

Discussions with subject matter experts

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, if requested by the Regulator in relation to a request by the Regulator for information under subsection (1), facilitate discussions between the Regulator and a subject matter expert in relation to that area of inquiry who is:

 (a) nominated by the Regulator; or

 (b) if the Regulator requests, nominated by the licence holder or other person.

 (3) If the Regulator makes a request for the purposes of paragraph (2)(b), the licence holder or person must nominate a suitably qualified and experienced subject matter expert as soon as practicable, and in any event within 14 days of the request.

Potential serious impacts to nuclear safety or radiation protection

 (1) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person becomes aware of any event or circumstance (including a near miss), that:

 (a) may seriously impact, or could have seriously impacted, nuclear safety or radiation protection; and

 (b) that occurs in relation to:

 (i) the regulated activity; or

 (ii) any NNP facility, NNP material or NNP equipment or plant, involved in the conduct of the activity;

the licence holder or other person must immediately report the event or circumstance to the Regulator.

Note: The licence holder must immediately report any nuclear safety incident that occurs in relation to the regulated activity authorised by the licence: see section 21 of the Act and section 104 of this instrument.

Breach of licence condition

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person becomes aware of a breach of a condition to which the licence is subject, the licence holder or other person must report the breach to the Regulator as soon as possible after becoming aware.

Suspected breach of licence condition

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person suspects that a breach of a condition to which the licence is subject may have occurred, the licence holder or other person must, as soon as practicable after forming the suspicion:

 (a) investigate the suspected breach; and

 (b) report their findings to the Regulator.

Serious offences and contraventions of serious civil penalty provisions

 (4) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that if the licence holder or other authorised person suspects that:

 (a) the licence holder, or any other person authorised under the licence, has committed or is committing a serious offence against a Commonwealth, State or Territory law; or

 (b) the licence holder, or any other person authorised under the licence, has contravened or is contravening a serious civil penalty provision of a Commonwealth, State or Territory law;

the licence holder or the other authorised person must report their suspicion to the Regulator within 28 days of forming the suspicion.

 (5) It is a condition that the licence holder must report to the Regulator any proceedings against the licence holder for a serious offence against, or contravention of a serious civil penalty provision of, a Commonwealth, State or Territory law within 28 days of the proceeding being brought.

 (6) A serious offence is an offence against the law of the Commonwealth, a State or a Territory that:

 (a) is an offence involving fraud or dishonesty punishable by imprisonment for life or for a period, or a maximum period, of at least 3 months; or

 (b) is an offence punishable by imprisonment for life or for a period, or a maximum period, of at least 3 years.

 (7) A serious civil penalty provision is a civil penalty provision of a Commonwealth, State or Territory law with a maximum penalty that is at least equivalent to 5,000 penalty units.

Periodic review and reporting of incidents

 (1) It is a condition that the licence holder must:

 (a) for each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued)—review:

 (i) all incidents (for example, accidents, near misses and deficiencies) that occurred in relation to the regulated activity during that period; and

 (ii) the management and consequences of those incidents; and

  (b) provide the Regulator, by the day that is 28 days after the end of the period, with a report on the outcomes of the review that includes details of:

 (i) key themes and trends identified for the period; and

 (ii) any practices or procedures that have had a significant number of near misses or deficiencies which has resulted in increased nuclear safety and radiation protection risks; and

 (iii) how any identified deficiencies were, or are proposed to be, rectified.

Note: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (2) However, if the remaining period of the licence, following any periods mentioned in paragraph (1)(a), is 12 months or less, subsection (1) does not apply to the period.

Note: A final report may be required instead under section 67.

Report on investigation of incident

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person receives a report on:

 (a) an internal investigation of an incident in relation to the regulated activity; or

 (b) an investigation by a Commonwealth, State or Territory agency (other than the Regulator) of an incident in relation to the regulated activity;

the licence holder or other person must provide the report to the Regulator within 14 days after receiving the report.

Transitional arrangements

 (4) If the licence is a transitional licence, this section applies in relation to a review of incidents and the management and consequences of those incidents as if:

 (a) a reference to the day the licence is issued were a reference to the day the Act commences; and

 (b) a reference to:

 (i) a period during which the licence is in force; or

 (ii) the remaining period of the licence;

  were a reference to such periods that occur after the Act commences.

Reporting holdings of radioactive waste

 (1) It is a condition that the licence holder report to the Regulator, at the end of each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued):

 (a) the amount of radioactive waste from the regulated activity that is in a designated zone at that time, awaiting disposal; and

 (b) a description of the kind of the waste and its hazard level and classification.

Note: The calculation of a period mentioned in this subsection is not to include any periods during which the licence is suspended: see subsection 52(3).

 (2) However, if the remaining period of the licence, following any periods mentioned in subsection (1), is 12 months or less, subsection (1) does not apply to the period.

Note: A final report may be required instead under section 67.

Transitional arrangements

 (3) If the licence is a transitional licence, this section applies as if:

 (a) a reference to the day the licence is issued were a reference to the day the Act commences; and

 (b) a reference to:

 (i) a period during which the licence is in force; or

 (ii) the remaining period of the licence;

  were a reference to such periods that occur after the Act commences.

 (1) If the person who is the office holder of the licence holder that has organisational, financial and operational control of the conduct of the regulated activity changes, it is a condition that the licence holder must:

 (a) notify the Regulator; and

 (b) provide details of the new office holder to the Regulator.

 (2) It is a condition that the licence holder must notify the Regulator and provide the details:

 (a) at least 6 weeks before the change; or

 (b) if the licence holder was not aware of the change 6 weeks before—as soon as practicable after becoming aware.

 (1) This section does not apply in relation to a licence that is cancelled by the Regulator.

 (2) It is a condition that the licence holder must provide to the Regulator, in accordance with subsection (3), a final report relating to the regulated activity.

 (3) The final report must be provided by the day that is 28 days before the following:

 (a) if the licence holder intends to surrender the licence under section 37 of the Act—the day the licence is surrendered;

 (b) otherwise—the day the licence will cease under paragraph 33(2)(b) of the Act.

 (1) This section applies in relation to all of the following:

 (a) the nuclear safety management system, arrangements and each plan for the activity required under section 60;

 (b) the records management system for the activity required under section 61;

 (c) each plan for the activity required under Division 3 of this Part (plans for particular facility activities);

 (d) each plan or arrangements for the activity required under Division 4 of this Part (plans or arrangements for particular material activities).

 (2) It is a condition that the licence holder must, in accordance with subsection (3):

 (a) audit the implementation of the system, arrangements or plan; and

 (b) review the appropriateness and effectiveness of the system, arrangements or plan.

 (3) The audit and review must be undertaken:

 (a) for a plan mentioned in paragraph 60(1)(f), (i) or (j)—for each period of 12 months during which the licence is in force;

 (b) otherwise—for each period of 3 years during which the licence is in force;

with the first of those periods beginning on the day the licence is issued.

Note 1: The plans mentioned in paragraph 60(1)(f), (i) and (j) are the radiation protection plan, the emergency management and response plan and the environmental protection plan.

Note 2: The calculation of a period mentioned in paragraph (a) or (b) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (4) It is a condition that the licence holder must cause the audit and review to be completed within 3 months after the end of the period to which the audit and review relates.

 (5) It is a condition that the licence holder must, within 14 days after the completion of the audit and review, provide the Regulator with a report on the outcomes of the audit and review that includes details of:

 (a) the assessment of the implementation of the system, arrangements or plan; and

 (b) the assessment of the appropriateness and effectiveness of the system, arrangements or plan; and

 (c) how any identified deficiencies were, or are proposed to be, rectified.

 (6) However:

 (a) if, apart from this paragraph, paragraph (3)(a) would apply—if the remaining period of the licence, following any periods mentioned in paragraph (3)(a), is 12 months or less, subsections (3) to (5) do not apply to the period; and

 (b) if, apart from this paragraph, paragraph (3)(b) would apply—if the remaining period of the licence, following any periods mentioned in paragraph (3)(b), is 3 years or less, subsections (3) to (5) do not apply to the period.

Note: A final report may be required instead under section 67.

Transitional arrangements

 (7) If the licence is a transitional licence, this section applies in relation to an audit and review as if:

 (a) a reference to the day the licence is issued were a reference to the day the Act commences; and

 (b) a reference to:

 (i) a period during which the licence is in force; or

 (ii) the remaining period of the licence;

  were a reference to such periods that occur after the Act commences.

 (1) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that radiation protection, in relation to the conduct of the regulated activity, is optimised:

 (a) to achieve the outcome that all of the following are kept as low as reasonably achievable:

 (i) the magnitude of individual doses;

 (ii) the number of people who are exposed;

 (iii) the likelihood of incurring exposures to ionising radiation and harmful nonionising radiation; and

 (b) in accordance with the limits in this Subdivision; and

 (c) if the Regulator has specified, as a condition for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act, that other codes or standards for dose limits must be complied with—in accordance with those codes or standards.

Note 1: Records must be kept: see section 61.

Note 2: Any moderate or significant increase in the magnitude of individual doses, or the number of people who are exposed, must be reported to the Regulator: see section 76.

Note 3: If the significant increase involves a breach of dose limits, this must also be reported to the Regulator: see section 76.

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that exposure (both occupational and public) to harmful nonionising radiation produced by any NNP equipment or plant that are involved in the conduct of the regulated activity is kept as low as reasonably achievable within applicable dose limits.

Note: Any moderate or significant increase in the magnitude of individual doses, or the number of people who are exposed, from the NNP equipment or plant must be reported to the Regulator: see section 76.

 (1) This section applies if the regulated activity authorised by the licence is a facility activity.

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that the doses that a person (whether or not an occupationally exposed person) receives from ionising radiation inside, or in connection with, the NNP facility, do not exceed the applicable dose limits in sections 72 and 73.

Note:  A significant increase in the magnitude of individual doses that involves a breach of dose limits must also be reported to the Regulator: see section 76.

 (1) This section applies if the regulated activity authorised by the licence is the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that the doses that a person (whether or not an occupationally exposed person) is exposed to from ionising radiation from the NNP material or the NNP equipment or plant do not exceed the applicable dose limits in sections 72 and 74.

Note:  A significant increase in the magnitude of individual doses that involves a breach of dose limits must also be reported to the Regulator: section 76.

Limit for occupational exposure of persons who are at least 18

 (1) Subject to subsections (4) and (6), the effective dose for occupational exposure of a person who is at least 18 years old must not be greater than 20 mSv annually, averaged over 5 consecutive years.

 (2) However, subject to subsection (6), the effective dose for a person who is at least 18 years old subject to occupational exposure must not, in a year, be greater than 50 mSv.

Limit for occupational exposure of persons who are 16 or 17

 (3) Subject to subsection (4), the effective dose for occupational exposure of a person who is 16 or 17 years old must not be greater than 6 mSv annually.

Limit for occupational exposure of persons declared to be pregnant or breastfeeding

 (4) The effective dose for occupational exposure of a person who has declared to the licence holder that the person is pregnant or breastfeeding must not be greater than 1 mSv annually.

Limit for public exposure

 (5) Subject to subsection (6), the effective dose for public exposure (including of an unborn child) must not be greater than 1 mSv annually.

Limit for emergency workers and helpers

 (6) The effective dose for exposure of a person who undertakes an action mentioned in column 1 of an item in the following table must not be greater than as set out in column 2 of that item.

 

Limit for emergency workers and helpers

Item

Column 1

Action

Column 2

Limit

1

An emergency worker undertaking mitigatory actions and urgent protective actions onsite during a nuclear or radiological emergency, including:

(a) lifesaving actions; and

(b) actions to prevent serious injury; and

(c) actions to prevent the development of catastrophic conditions that could significantly affect people and the environment, and

(d) actions to prevent severe tissue reactions that the worker considers is unlikely to result in serious injury

(a) in relation to actions of a kind mentioned in paragraph (a), (b) or (c) of column 1 of this item—500 mSv during the nuclear or radiological emergency;

(b) in relation to all other actions—50 mSv during the nuclear or radiological emergency

2

An emergency worker or helper undertaking urgent or early protective actions during the emergency response phase of a nuclear or radiological emergency

50 mSv during the nuclear or radiological emergency

3

An emergency worker undertaking longterm recovery operations during transition or termination phases of a nuclear or radiological emergency and beyond

20 mSv annually, averaged over 5 consecutive years

Note: A nuclear or radiological emergency is a nuclear safety incident: see subsection 21(2) of the Act.

 (7) An emergency worker includes:

 (a) a person authorised to conduct the regulated activity; and

 (b) a person employed, either directly or indirectly, by a licence holder; and

 (c) personnel of a response organisation, such as a police officer, firefighter, medical personnel, and a driver or a crew of a vehicle used for evacuation.

 (1) For the purposes of section 72, a person’s effective dose for a period that is relevant to the person under subsection (2) of this section is the sum of:

 (a) the effective dose that the person receives, from a source outside the person’s body, during the relevant period; and

 (b) the person’s committed effective dose, received from intakes during the relevant period, for the next 50 years.

 (2) For the purposes of subsection (1), a period that is relevant to a person is:

 (a) if the person is an occupationally exposed person—5 years; or

 (b) if the person is a member of the public—1 year.

 (3) Despite paragraph (1)(b), if the person is under 18 years of age, the committed effective dose must be worked out on the basis of the number of years calculated by subtracting the person’s age, at the time of the calculation, from 70.

Limit for occupational exposure of the lens of the eye

 (1) For occupational exposure, the equivalent dose to the lens of the eye must not be greater than 20 mSv annually, averaged over 5 consecutive years.

 (2) However, the equivalent dose to the lens of the eye for a person subject to occupational exposure must not, in a year, be greater than 50 mSv.

Limit for public exposure of the lens of the eye

 (3) The equivalent dose to the lens of the eye for a person subject to public exposure must not, in a year, be greater than 15 mSv.

Limit for occupational exposure of hands and feet

 (4) For occupational exposure, the annual equivalent dose to the hands and feet must not be greater than 500 mSv.

Limits for occupational exposure and public exposure of skin

 (5) The annual equivalent dose to the skin must not be greater than:

 (a) for occupational exposure—500 mSv; and

 (b) for public exposure—50 mSv.

 (6) The annual equivalent dose limit to the skin applies to the average dose received by any 1 cm2 of skin.

Exception for emergency workers and helpers

 (7) This section is subject to subsection 72(6).

 (1) It is a condition that the licence holder must:

 (a) identify all persons (the occupationally exposed persons) who are, or could be, occupationally exposed to ionising radiation or high levels of nonionising radiation in relation to the conduct of the regulated activity; and

 (b) ensure that each occupationally exposed person’s age, and whether they have declared that they are pregnant or breastfeeding, can be effectively taken into account for the purposes of keeping exposure as low as reasonably achievable within the applicable dose limits; and

 (c) provide for a personal radiation monitoring service for each occupationally exposed person; and

 (d) record doses received by each occupationally exposed person, including results from the personal radiation monitoring and how doses were calculated; and

 (e) register each occupationally exposed person on the Australian National Radiation Dose Register; and

 (f) provide data on doses received by each occupationally exposed person to the Australian National Radiation Dose Register:

 (i) at least once every 3 months during which the licence is in force (beginning on the day the licence is issued); or

 (ii) if the Regulator has specified, as a condition for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act, that the licence holder must provide data more frequently—at least as frequently as specified.

Note: The calculation of a period mentioned in subparagraph (f)(i) is not to include any periods during which the licence is suspended: see subsection 52(3).

Dose record to be provided to occupationally exposed person

 (2) It is a condition that the licence holder provides a copy of the dose record of an occupationally exposed person to the person:

 (a) annually until termination of the person’s employment or contract; and

 (b) at the termination of the person’s employment or contract; and

 (c) on request at any time during the period of the licence.

Audit and review

 (3) It is a condition that the licence holder must:

 (a) for each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued), audit and review the doses received by occupationally exposed persons during that period for the purposes of optimising radiation protection in relation to the conduct of the regulated activity as required under subsection 69(1); and

 (b) cause the audit and review to be completed within 3 months after the end of the period to which the audit and review relates; and

 (c) within 14 days after the completion of the audit and review, provide the Regulator with a report on the outcomes of the review that includes details of:

 (i) the assessment of the doses received; and

 (ii) how any identified deficiencies in the optimisation of radiation protection were, or are proposed to be, rectified.

Note 1: The licence holder must receive approval from the Regulator before making a change identified in the review that is significant or may have significant implications for nuclear safety: see section 55.

Note 2: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (4) However, if the remaining period of the licence, following any periods mentioned in paragraph (3)(a), is 12 months or less, subsection (3) does not apply to the period.

Note: A final report may be required instead under section 67.

Transitional arrangements

 (5) If the licence is a transitional licence, this section applies as if:

 (a) a reference to the day the licence is issued were a reference to the day the Act commences; and

 (b) a reference to:

 (i) a period during which the licence is in force; or

 (ii) the remaining period of the licence;

  were a reference to such periods that occur after the Act commences.

 (1) Subsection (2) applies if the licence holder or any other person authorised to conduct the regulated activity becomes aware of any moderate or significant increase in the magnitude of individual doses or in the number of people who are exposed:

 (a) in relation to the conduct of the regulated activity; or

 (b) from any NNP material or NNP equipment or plant that are involved in the conduct of the regulated activity.

 (2) It is a condition applying to both the licence holder and the other person that the licence holder or person must report the increase to the Regulator:

 (a) if the increase is significant—immediately after becoming aware of the increase; or

 (b) if the increase is moderate—within 24 hours after becoming aware of the increase.

 (3) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that if the significant increase involves:

 (a) a person (whether or not an occupationally exposed person) being exposed to doses of a magnitude that breaches a condition in section 70 or 71 that applies to the licence holder or the other authorised person; or

 (b) any other breach of a condition relating to dose limits that applies to the licence holder or the other authorised person;

the licence holder or the other authorised person must also report that fact under subsection (2).

 (1) This section applies if the regulated activity authorised by the licence is a facility activity.

 (2) It is a condition that the licence holder must maintain a current description of the level of nuclear safety risk posed by the regulated activity, having regard to the matters in paragraph 24(3)(b).

Note: Records must be kept: see section 61.

 (3) It is a condition that the licence holder must measure and record the activity levels of the NNP facility.

Note: Records must be kept: see section 61.

 (1) This section applies if the regulated activity authorised by the licence is a facility activity.

Sale or transfer by licence holder

 (2) It is a condition that the licence holder must notify the Regulator of the proposed sale or transfer of:

 (a) the site of the NNP facility or proposed NNP facility; or

 (b) the NNP facility or proposed NNP facility;

before it is sold or transferred.

 (3) It is a condition that the licence holder must not sell or transfer:

 (a) the site of the NNP facility or proposed NNP facility; or

 (b) the NNP facility or proposed NNP facility;

other than to a Commonwealthrelated person that holds a licence authorising the conduct of a facility activity involving the site, NNP facility or proposed NNP facility.

Site, facility or proposed facility not to be abandoned

 (4) It is a condition that:

 (a) the site of the NNP facility or proposed NNP facility; or

 (b) the NNP facility or proposed NNP facility;

is not abandoned.

No sale or transfer by person authorised under licence

 (5) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that the other authorised person must not sell or transfer:

 (a) the site of the NNP facility or proposed NNP facility; or

 (b) the NNP facility or proposed NNP facility.

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of preparing a site for an NNP facility in a designated zone.

Plan for preparing the site

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for preparing the site for the proposed NNP facility.

 (3) It is a condition that the plan for preparing the site must ensure nuclear safety during the preparation of the site.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the plan for preparing the site is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

Transitional arrangements

 (5) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the plan for preparing the site for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide a preliminary decommissioning plan for the proposed NNP facility to the Regulator.

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of constructing an NNP facility in a designated zone.

Design of the proposed NNP facility (construction)

 (2) It is a condition that the regulated activity is conducted in accordance with the design of the proposed NNP facility (that ensures nuclear safety of the facility and its proposed operation), as that design is proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (a) in accordance with section 55; or

 (b) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

Construction plan

 (3) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the construction plan for the facility.

 (4) It is a condition that the construction plan must ensure nuclear safety during the construction of the facility.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (5) It is a condition that the licence holder must ensure that the construction plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

Construction of items important for nuclear safety

 (6) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must not, as part of the construction of the facility, construct an item that is important for nuclear safety unless the licence holder or other person has obtained the approval of the Regulator to construct the item.

Permit to establish facility

 (7) If the permit under the Nuclear NonProliferation (Safeguards) Act 1987 to establish the facility was not provided to the Regulator under section 16 of this instrument, it is a condition that the licence holder must provide the permit to the Regulator before conducting the activity.

Transitional arrangements

 (8) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide the following to the Regulator:

 (i) information and documents that describe and document the construction plan for the proposed NNP facility;

 (ii) the design of the proposed NNP facility that ensures nuclear safety of the facility and its proposed operation, as in effect immediately before the day the Act commences; and

 (b) subsection (7) applies as if the reference to the licence holder providing the permit to the Regulator before conducting the activity were a reference to the licence holder providing the permit to the Regulator on the day the Act commences; and

 (c) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide a preliminary decommissioning plan for the proposed NNP facility to the Regulator.

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of having possession or control of an NNP facility in a designated zone.

Possession or control period plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the possession or control period plan for the facility.

 (3) It is a condition that the possession or control period plan must ensure nuclear safety during the possession or control period.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the possession or control period plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

What must occur before any NNP facility or NNP equipment or plant is tested or operated

 (5) It is a condition that the licence holder must ensure that no NNP facility or NNP equipment or plant involved in the conduct of the activity is tested or operated unless:

 (a) effective safety mechanisms, devices or circuits are connected to the facility or equipment or plant to prevent or mitigate any nuclear safety hazards or risks and those mechanisms, devices or circuits are in good working order; and

 (b) if the Regulator requests the licence holder to demonstrate that paragraph (a) has been complied with before the testing or operation—the licence holder provides the Regulator with information or documents to demonstrate that compliance.

Transitional arrangements

 (6) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the possession or control period plan for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide the following to the Regulator:

 (i) if a licence authorising the operation of the facility has never been issued under the Australian Radiation Protection and Nuclear Safety Act 1998—a preliminary operational plan for the NNP facility;

 (ii) a preliminary decommissioning plan for the NNP facility;

 (iii) a preliminary disposal plan for the NNP facility.

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of operating an NNP facility in a designated zone.

Commissioning plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the commissioning plan for the facility.

 (3) It is a condition that the commissioning plan must ensure nuclear safety during the commissioning of the facility.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Operational plan

 (4) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the operational plan for the facility.

 (5) It is a condition that the operational plan must ensure nuclear safety during the operation of the facility.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Plans must be implemented and maintained

 (6) It is a condition that the licence holder must ensure that the commissioning plan and the operational plan are effectively implemented and maintained throughout the period of the licence.

Note: The plans must be audited and reviewed every 3 years: see section 68.

Transitional arrangements

 (7) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the commissioning plan for the facility and the operational plan for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide the following to the Regulator:

 (i) a preliminary decommissioning plan for the NNP facility;

 (ii) a preliminary disposal plan for the NNP facility.

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of decommissioning an NNP facility in a designated zone.

Decommissioning plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the decommissioning plan for the facility.

 (3) It is a condition that the decommissioning plan must ensure nuclear safety during and after the decommissioning of the facility.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the decommissioning plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

Transitional arrangements

 (5) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the decommissioning plan for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide a preliminary disposal plan for the NNP facility to the Regulator.

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of disposing of an NNP facility in a designated zone.

Disposal plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the disposal plan for the facility.

 (3) It is a condition that the disposal plan must ensure nuclear safety during and after the disposal of the facility.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the disposal plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

Final disposal and post closure report

 (5) It is a condition that the licence holder provide to the Regulator a final disposal and post closure report by the day that is 28 days after the later of the following:

 (a) the completion of the final actions to be taken under the disposal plan;

 (b) if, under a law of the Commonwealth or a State or Territory, an environmental impact assessment of the site following disposal of the NNP facility would be required—the issuing, by a Commonwealth, State or Territory agency, of a notice of the agency’s decision in relation to the assessment that has been undertaken.

 (6) It is a condition that the final disposal and post closure report include a copy of the notice of the decision mentioned in paragraph (5)(b).

Transitional arrangements

 (7) If the licence is a transitional licence, it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the disposal plan for the facility to the Regulator.

 (1) This section applies in relation to each plan for the regulated activity required under this Division.

 (2) It is a condition that the plan must be as proposed at the time of making the decision to issue the licence, as changed from to time to time by the licence holder:

 (a) in accordance with section 55; or

 (b) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

Transitional arrangements

 (3) If the licence is a transitional licence, subsection (2) applies as if the reference to the plan as proposed at the time of making the decision to issue the licence were a reference to the plan as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Note: For the requirements to provide such information and documents to the Regulator, see subsections 79(5), 80(8), 81(6), 82(7), 83(5) and 84(7).

 (1) This section applies if the regulated activity authorised by the licence is a material activity.

 (2) It is a condition that the licence holder must:

 (a) maintain a current inventory of any NNP material and NNP equipment or plant involved in the activity; and

 (b) keep the information and documents specified in column 2 of the item in the table in subsection 31(3) uptodate for any such NNP material and NNP equipment or plant.

Note: Records must be kept: see section 61.

Transitional arrangements

 (3) If the licence is a transitional licence, it is a condition that the licence holder must, on the day the Act commences, provide to the Regulator the information and documents specified in column 2 of the item in the table in subsection 31(3) for any NNP material and NNP equipment or plant involved in the activity.

 (1) This section applies if the regulated activity authorised by the licence is a material activity.

 (2) It is a condition that the regulated activity is conducted in accordance with the arrangements for storing, managing and handling of any NNP material or NNP equipment or plant involved in the conduct of the activity.

 (3) It is a condition that the arrangements must be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (a) in accordance with section 55; or

 (b) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

 (4) It is a condition that the licence holder must ensure that the arrangements are effectively implemented and maintained throughout the period of the licence.

Note: The arrangements must be audited and reviewed every 3 years: see section 68.

 (1) This section applies if the regulated activity authorised by the licence is a material activity.

 (2) It is a condition that the licence holder must:

 (a) ensure that a field exercise is conducted every 2 years during which the licence is in force (beginning on the day the licence is issued), for the purpose of testing the emergency management and response plan for the activity; and

 (b) if the results of the field exercise indicate that the emergency management and response plan, or any other system, arrangements or plan mentioned in section 60, needs to be changed—proceed to change the system, arrangements or plan in accordance with section 55.

Note: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (1) This section applies:

 (a) if the regulated activity authorised by the licence is a material activity; and

 (b) the activity includes:

 (i) the movement within a designated zone of naval nuclear propulsion plant; or

 (ii) the transport of naval nuclear propulsion plant into, or out of, a designated zone, other than on an operational AUKUS submarine.

 (2) It is a condition that the licence holder must, before a particular movement or transport of naval nuclear propulsion plant:

 (a) submit to the Regulator a plan and arrangements for the particular movement or transport; and

 (b) obtain the approval of the Regulator for:

 (i) the plan and arrangements; and

 (ii) the movement or transport.

 (3) It is a condition that the movement or transport of naval nuclear propulsion plant is conducted in accordance with the plan and arrangements as approved by the Regulator.

 (1) This section applies:

 (a) if the regulated activity authorised by the licence is a material activity; and

 (b) the activity includes the transport into, or out of, a designated zone of NNP material or NNP equipment or plant not covered by section 89, other than on an operational AUKUS submarine.

 (2) It is a condition that the licence holder must obtain the approval of the Regulator for the transport of the NNP material or NNP equipment or plant before it is transported into, or out of, the designated zone.

Note: The transport must also be in accordance with the transport management plan for the activity: see section 91.

 (1) This section applies if the regulated activity authorised by the licence is a material activity.

 (2) This section does not apply to naval nuclear propulsion plant (which is dealt with in section 89).

Transport management plan

 (3) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the transport management plan for transporting NNP material or NNP equipment or plant into, or out of, a designated zone for the activity.

Note 1: NNP material and NNP equipment or plant (other than naval nuclear propulsion plant) may only be transported into, or out of, the designated zone in which the activity is conducted with the Regulator’s approval: see section 90.

Note 2: The transport of naval nuclear propulsion plant requires a specific plan, arrangements and the approval of the Regulator for each transport: see section 89.

 (4) It is a condition that the transport management plan must ensure nuclear safety during, and control of, the transport of the NNP material or NNP equipment or plant into, or out of, the designated zone in which the regulated activity is conducted.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Movement plan

 (5) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the movement plan for moving NNP material or NNP equipment or plant within a designated zone for the activity.

Note: The movement of naval nuclear propulsion plant requires a specific plan, arrangements and the approval of the Regulator for each movement: see section 89.

 (6) It is a condition that the movement plan must ensure nuclear safety during, and control of, the movement of the NNP material or NNP equipment or plant within the designated zone in which the regulated activity is conducted.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

Other requirements for plans

 (7) It is a condition that the licence holder must ensure that the transport management plan and the movement plan are effectively implemented and maintained throughout the period of the licence.

Note: The plans must be audited and reviewed every 3 years: see section 68.

Transitional arrangements

 (8) If the licence is a transitional licence it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the transport management plan and the movement plan for the activity to the Regulator.

 (1) This section applies if the regulated activity authorised by the licence is the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

Sale or transfer by licence holder

 (2) It is a condition that the licence holder must obtain approval from the Regulator for the sale or transfer of naval nuclear propulsion plant before it is sold or transferred.

 (3) It is a condition that the licence holder must notify the Regulator of the proposed sale or transfer of NNP material, or NNP equipment or plant not covered by subsection (2), before it is sold or transferred.

 (4) It is a condition that the licence holder must not sell or transfer NNP material, or NNP equipment or plant not covered by subsection (2), other than to a Commonwealthrelated person that holds a licence authorising the conduct of a material activity involving the NNP material or NNP equipment or plant.

Material, equipment or plant not to be abandoned

 (5) It is a condition that the NNP material or NNP equipment or plant is not abandoned.

No sale or transfer by person authorised under licence

 (6) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that the other authorised person must not sell or transfer the NNP material or NNP equipment or plant.

 (1) This section applies if the regulated activity authorised by the licence is the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for the possession or control of the NNP material or NNP equipment or plant.

 (3) It is a condition that the plan must ensure nuclear safety during the conduct of the regulated activity.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

 (1) This section applies if the regulated activity authorised by the licence is the material activity of using NNP material in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for using the NNP material.

 (3) It is a condition that the plan must ensure nuclear safety during the conduct of the regulated activity.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

 (1) This section applies if the regulated activity authorised by the licence is the material activity of using or operating NNP equipment or plant in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for using or operating the NNP equipment or plant.

 (3) It is a condition that the plan must ensure nuclear safety during the conduct of the regulated activity.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

 (1) This section applies if the regulated activity authorised by the licence is the material activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for maintaining, storing or disposing of NNP material or NNP equipment or plant.

 (3) It is a condition that the plan must ensure nuclear safety during the conduct of the regulated activity.

Note: This subsection does not limit what the licence holder may otherwise choose to deal with in the plan.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

Note: The plan must be audited and reviewed every 3 years: see section 68.

 (1) This section applies in relation to each plan for the regulated activity required under this Division, other than a plan required under section 89.

 (2) It is a condition that the plan must be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (a) in accordance with section 55; or

 (b) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act.

Transitional arrangements

 (3) If the licence is a transitional licence, subsection (2) applies as if the reference to the plan as proposed at the time of making the decision to issue the licence were a reference to the plan as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Note: For the requirements to provide such information and documents to the Regulator, see subsection 91(8).

 (1) This Division applies to a licence that is a transitional licence authorising any kind of regulated activity.

 (2) In this Division:

ARPANS licence, in relation to a transitional licence, means the licence issued under section 32 or 33 of the Australian Radiation Protection and Nuclear Safety Act 1998 that, on and after commencement of the Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024, is the transitional licence.

Note: A transitional licence is a licence that has effect as if it were an Australian naval nuclear power safety licence issued under the Act due to the Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024: see the definition of transitional licence in section 4.

 (1) It is a condition that the licence holder for the transitional licence must, within 28 days after the Act commences, provide to the Regulator all information and documents that were provided by the applicant, to the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), in relation to the application for the ARPANS licence.

 (2) For the purposes of subsection (1), information and documents provided in relation to the application for the ARPANS licence include the following:

 (a) information and documents included in, or accompanying, the application;

 (b) information and documents provided in response to a request by the CEO of ARPANSA that the applicant provide the information or documents.

Note: See sections 46 and 47 of the Australian Radiation Protection and Nuclear Safety Regulations 2018 for information and documents that the application must include or that may be requested by the CEO of ARPANSA.

  It is a condition that the licence holder for the transitional licence must, within 28 days after the Act commences, notify the Regulator, and (if relevant) provide a copy to the Regulator, of the following:

 (a) any improvement notices that were issued in relation to the ARPANS licence under section 80A of the Australian Radiation Protection and Nuclear Safety Act 1998;

 (b) any directions that were given under section 41 of that Act to a person covered by the ARPANS licence and that relate to the ARPANS licence;

 (c) any injunctions that were granted under section 43 of that Act in relation to a person covered by the ARPANS licence and that relate to the ARPANS licence;

 (d) any suspensions of the ARPANS licence that were made under section 38 of that Act;

 (e) any of the following amendments to the ARPANS licence that were made under section 36 of that Act:

 (i) imposing additional licence conditions or varying conditions that were imposed by the CEO of ARPANSA;

 (ii) reducing the authority granted by the licence;

 (f) any matter relating to the ARPANS licence that was the subject of a recommendation to the Director of Public Prosecutions.

 (1) It is a condition that the licence holder for the transitional licence must, within the period specified by the Regulator, provide any information or documents requested by the Regulator relating to the ARPANS licence that is necessary to assist the Regulator to perform any of the Regulator’s functions to ensure nuclear safety.

 (2) Without limiting subsection (1), the information or documents may relate to, or be in addition to, other information or documents provided to the Regulator in accordance with another condition that applies to the transitional licence.

 

Licence holders are subject to a nuclear safety duty in section 21 of the Act to report nuclear safety incidents.

Nuclear safety incidents include incidents that relate to nuclear safety and are of a kind prescribed in section 103 of this instrument.

A report of a nuclear safety incident provided under subsection 21(1) of the Act must contain the information prescribed in section 104 of this instrument.

A licence authorising a facility activity or material activity is subject to the conditions in section 105 in relation to a nuclear safety incident that the licence holder must report.

 (1) For the purposes of subparagraph 21(2)(b)(iii) of the Act, the following kinds of incidents, that relate to nuclear safety and occur in relation to the conduct of a regulated activity, are prescribed:

 (a) an uncontrolled emission, escape, spillage or leakage of:

 (i) NNP material; or

 (ii) NNP equipment or plant;

 (b) an uncontrolled emission, escape, spillage or leakage of ionising radiation that results in a significant increase in the magnitude of individual doses;

 (c) an uncontrolled exposure to harmful nonionising radiation:

 (i) from equipment or plant described in section 12 of this instrument; and

 (ii) that results in an exposure limit specified in subsection (2) of this section being exceeded;

 (d) a theft or loss of NNP material or NNP equipment or plant;

 (e) damage to a package (however described) that contains NNP material or NNP equipment or plant;

 (f) a near miss that could have resulted in any of the following:

 (i) a significant increase in the magnitude of individual doses of ionising radiation;

 (ii) an applicable dose limit under section 72 or 74 for a person being exceeded;

 (iii) an exposure limit, specified in subsection (2), being exceeded in relation to harmful nonionising radiation from equipment or plant described in section 12.

 (2) For the purposes of subparagraphs (1)(c)(ii) and (1)(f)(iii), the following, to the extent they relate to naval nuclear propulsion, are specified as exposure limits:

 (a) the reference levels mentioned in the ICNIRP Guidelines For Limiting Exposure To TimeVarying Electric And Magnetic Fields (1 Hz—100 kHz), published by the International Commission on NonIonizing Radiation Protection, as existing on 4 April 2025;

 (b) the maximum permissible exposure limits mentioned in AS/NZS IEC 60825.1:2014;

 (c) the exposure limits mentioned in AS/NZS IEC 62471:2011;

 (d) the exposure limits mentioned in the ICNIRP Guidelines On Limits Of Exposure To Static Magnetic Fields, published by the International Commission on NonIonizing Radiation Protection, as existing on 4 April 2025;

 (e) the exposure limits mentioned in the ICNIRP Guidelines for Limiting Exposure to Electromagnetic Fields (100 kHz to 300 GHz), published by the International Commission on NonIonizing Radiation Protection, as existing on 4 April 2025.

Note: The documents mentioned in paragraphs (a), (d) and (e) could in 2025 be viewed on the website of the International Commission on NonIonizing Radiation Protection (https://www.icnirp.org).

  For the purposes of paragraph 21(3)(d) of the Act, the information to be contained in a report given under subsection 21(1) of the Act of a nuclear safety incident that occurs in relation to a regulated activity authorised by a licence is as follows:

 (a) the name of, and reference number for, the licence holder;

 (b) the date and time the report is given;

 (c) the name and role of the person giving the report;

 (d) a description of any NNP facility, NNP material or NNP equipment or plant involved in the incident;

 (e) a description of the incident, including:

 (i) the date and time of the incident; and

 (ii) the suspected cause of the incident; and

 (iii) details of any deaths of, serious injuries to, or serious illnesses in, individuals that were, or could have been, a result of the incident; and

 (iv) details of any serious environmental incidents that were, or could have been, a result of the incident;

 (f) a description of steps that have been taken or are proposed to be taken to:

 (i) manage or respond to the incident; or

 (ii) mitigate the consequences of the incident; or

 (iii) preserve the site of the incident;

 (g) the likelihood that another nuclear safety incident would or could occur as a result of the incident;

 (h) if the person giving the report is aware of any other information that is relevant to the effective management of, or response to, the incident—that information.

Note 1: The report must be given immediately after the licence holder becomes aware of the incident. It may be given orally but must be confirmed by written notice as soon as practicable after being given orally: see paragraphs 21(3)(a) and (b) of the Act.

Note 2: This section does not limit what the person giving the report may otherwise choose to include in it.

 (1) For the purposes of paragraph 32(1)(b) of the Act, a licence authorising a facility activity or a material activity is subject to the conditions prescribed by this section in relation to a nuclear safety incident that the licence holder must report under section 21 of the Act.

Note: Part 4 of this instrument prescribes other conditions to which the licence is subject.

Information or action required to ensure effective management of nuclear safety incident

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, if requested by the Regulator:

 (a) provide information and documents that the Regulator requires to be assured that the nuclear safety incident is being effectively managed; and

 (b) take any action that the Regulator requires to be assured that the nuclear safety incident is being effectively managed.

Preservation of incident site etc.

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, so far as reasonably practicable and subject to subsection (4), ensure that the site of the nuclear safety incident, including any naval nuclear propulsion plant, vessel, substance, structure or thing associated with the incident, is not disturbed until the Regulator directs that the site of the incident no longer needs to be preserved.

 (4) In complying with the condition prescribed in subsection (3), a person is not prevented from taking any action:

 (a) to assist an injured person; or

 (b) to remove a deceased person; or

 (c) that is essential to make the site of the incident safe; or

 (d) to minimise the risk of a further nuclear safety incident; or

 (e) that is associated with a police investigation; or

 (f) for which the Regulator has given approval in relation to the nuclear safety incident.

Compliance with emergency management and response plan

 (5) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, as soon as practicable after there is no longer a need to preserve the site of the nuclear safety incident, and in any event, within 6 months after the incident occurred, provide information and documents to the Regulator that demonstrate:

 (a) action that has been, or is proposed to be, taken to manage or respond to the nuclear safety incident; and

 (b) the extent to which that action deviates, or is proposed to deviate, from the emergency management and response plan for the regulated activity.

Note: For the emergency management and response plan: see section 60.

Implementation of recommendations

 (6) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, subject to any approval under subsection (7):

 (a) implement any recommendations identified in the following:

 (i) a final report of the Regulator’s investigation of the nuclear safety incident;

 (ii) the final independent investigation report of the nuclear safety incident (see subsection (8));

 (iii) a final report of an internal investigation by the licence holder of the nuclear safety incident; and

 (b) provide information and documents to the Regulator to demonstrate that the licence holder has implemented all recommendations for preventing or mitigating the occurrence of nuclear safety incidents.

 (7) If the licence holder or person proposes not to implement a recommendation identified in a report mentioned in subsection (6), the licence holder or person must:

 (a) obtain approval for not implementing the recommendation from the Regulator; and

 (b) explain to the Regulator why implementing the recommendation is not possible, feasible or otherwise desirable; and

 (c) provide the Regulator with any information or documents the Regulator reasonably requires to decide whether to give the approval.

Independent investigation of the nuclear safety incident

 (8) It is a condition that the licence holder must:

 (a) as soon as practicable after the nuclear safety incident occurred, arrange for a suitably qualified and experienced independent person to investigate and report on the nuclear safety incident; and

 (b) provide any interim reports and the final report on the investigation to the Regulator within 7 days of receiving that report.

 (9) A report for the purpose of paragraph (8)(a) must address (but is not to be limited to) the following:

 (a) the events and circumstances that lead to the nuclear safety incident;

 (b) the facts of the nuclear safety incident;

 (c) the facts of what occurred during the nuclear safety incident and the response to it;

 (d) the essential factors and causes of the nuclear safety incident;

 (e) conclusions as to the cause of the nuclear safety incident or other issues identified in the investigation;

 (f) recommendations for preventing or mitigating the occurrence of nuclear safety incidents.

 

Under section 35 of the Act, the Regulator may, and in certain circumstances must, suspend a licence. The default period of suspension is 12 months (see section 107 of this instrument). However, the Regulator may, under subparagraph 35(5)(b)(i) of the Act, specify a shorter period.

Internal review may be sought for any decision of the Regulator in relation to a licence made under Part 3 of the Act (other than a decision made under subsection 35(3) of the Act which requires the Regulator to suspend a licence in certain circumstances). These decisions are called original decisions. An application for internal review of an original decision must contain the information in section 108 of this instrument.

Maximum period of licence suspension

 (1) For the purposes of subparagraph 35(5)(b)(i) of the Act, the period of 12 months is prescribed.

Note: This means that the period specified by the Regulator as the period for which a licence suspension remains in force must not exceed 12 months.

Default period

 (2) For the purposes of subparagraph 35(5)(b)(ii) of the Act, the period of 12 months is prescribed.

Note: This means that if the Regulator does not specify a period, a licence suspension remains in force until the end of the period of 12 months.

  For the purposes of paragraph 38(5)(b) of the Act, the information to be contained in an application, under subsection 38(4) of the Act, for review of an original decision is as follows:

 (a) the name and contact details of the applicant for review;

 (b) the reference number for the application for the licence or the reference number for the licence;

 (c) details of the original decision, including the date and reference number of the original decision;

 (d) the applicant’s reasons for making the application for review;

 (e) any other information relating to the original decision or the applicant’s reasons for review that the applicant wishes to be taken into account in the review.

 

The annual report prepared for the Regulator and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must also include the matters prescribed in section 110 of this instrument.

This Part makes provision for the interaction between this Act and State and Territory laws, and international agreements etc.

Under section 144 of the Act, the Regulator may, in writing, exempt a specified person from:

 (a) the application of subsection 19(1) of the Act in relation to a regulated activity; or

 (b) the application of a specified licence condition.

An application by a person for an exemption must be in accordance with section 113 of this instrument.

 (1) For the purposes of section 122 of the Act, the matters to be included in the annual report for a reporting period are as follows:

 (a) details of any breach of licence conditions, by a licence holder or any other person authorised under a licence, that the DirectorGeneral is aware has occurred during the period;

 (b) details of directions given by inspectors under section 75 of the Act during the period;

 (c) details of improvement notices given by inspectors under section 77 of the Act during the period;

 (d) the number of each of the following, during the period:

 (i) licence applications;

 (ii) licences issued;

 (iii) licences refused to be issued;

 (iv) licences varied;

 (v) licences suspended;

 (vi) licences cancelled;

 (vii) licences surrendered;

 (e) the number of nuclear safety incidents that the DirectorGeneral is aware have occurred in relation to a regulated activity during the period;

 (f) the number of other incidents that the DirectorGeneral is aware have occurred, during the period, in relation to regulated activities conducted under a licence, that:

 (i) relate to nuclear safety; and

 (ii) resulted in, or could have resulted in, significant injury to or significant illness in an individual or a significant environmental incident;

 (g) the number of other frequent incidents that the DirectorGeneral is aware have occurred, during the period, in relation to regulated activities conducted under a licence, that:

 (i) relate to nuclear safety; and

 (ii) resulted in, or could have resulted in, lower level injury to or illness in an individual or a lower level environmental incident;

 (h) the number of court proceedings relating to an offence or contravention of a civil penalty provision of the Act brought during the period;

 (i) the number of reviews (other than internal reviews) of decisions made under the Act during the period;

 (j) the number of activities involving the use of the monitoring powers that concluded during the period;

 (k) the number of activities involving the use of the investigation powers that concluded during the period;

 (l) the number of warrants issued under the Act during the period;

 (m) the number of exemptions granted under section 144 of the Act during the period, and the following details in relation to each:

 (i) if the exempted person is not an individual—the name of the exempted person;

 (ii) if the exempted person is an individual—the name of the organisation (however described) in which the exempted person is employed or engaged (however described);

 (iii) the regulated activity to which the exemption relates;

 (iv) the provision of the Act, or licence condition, to which the exemption relates;

 (v) any conditions to which the exemption is subject;

 (vi) any breach of a condition (specified in an instrument of exemption under subsection 144(3) of the Act) by the exempted person that the DirectorGeneral is aware has occurred during the period;

 (vii) any event or circumstance, that would have resulted in a breach of any licence conditions that would have applied to the exempted person if the exempted person were authorised under a licence to conduct the regulated activity, that the DirectorGeneral is aware has occurred during the period.

 (2) However, the report is not required to include details of any of the above matters if, in the opinion of the DirectorGeneral, the inclusion may prejudice the security or defence of the Commonwealth.

 (1) For the purposes of section 135 of the Act:

 (a) subsection (2) of this section prescribes State or Territory laws; and

 (b) subsection (3) prescribes provisions of State or Territory laws;

that do not apply in relation to a regulated activity.

 (2) The following laws of a State or Territory are prescribed:

 (a) the Protection from Harmful Radiation Act 1990 (NSW);

 (b) the Radiation Act 2005 (Vic.);

 (c) the Radiation Safety Act 1999 (Qld);

 (d) the Nuclear Activities Regulation Act 1978 (WA);

 (e) the Nuclear Waste Storage and Transportation (Prohibition) Act 1999 (WA);

 (f) the Radiation Safety Act 1975 (WA);

 (g) the Nuclear Waste Storage Facility (Prohibition) Act 2000 (SA);

 (h) the Radiation Protection and Control Act 2021 (SA);

 (i) the Radiation Protection Act 2005 (Tas.);

 (j) the Radiation Protection Act 2006 (ACT);

 (k) the Radiation Protection Act 2004 (NT);

 (l) an instrument made under an Act mentioned in any of paragraphs (a) to (k).

 (3) Any provision, of any other State or Territory law, that regulates nuclear activities is prescribed.

Note: For example, this includes provisions regulating the disposal of nuclear waste, the handling or storage of nuclear material or material contaminated with radiation, or the design, construction, operation, decommissioning or disposal of nuclear facilities.

 (4) Subsection (3) does not apply to a provision of a law that is predominately for the purposes of:

 (a) regulating work or occupational health and safety; or

 (b) protecting the environment.

  For the purposes of section 136 of the Act, the following international agreements, as in force for Australia at the commencement of this instrument, are prescribed:

 (a) Agreement among the Government of Australia, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the United States of America for Cooperation Related to Naval Nuclear Propulsion, done at Washington on 5 August 2024;

 (b) Treaty on the NonProliferation of Nuclear Weapons, done at London, Moscow and Washington on 1 July 1968;

 (c) South Pacific Nuclear Free Zone Treaty, done at Rarotonga on 6 August 1985;

 (d) Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the NonProliferation of Nuclear Weapons of 1 July 1968, done at Vienna on 10 July 1974;

 (e) Protocol Additional to the Agreement [of 10 July 1974] between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the NonProliferation of Nuclear Weapons of 1 July 1968, done at Vienna on 23 September 1997.

Note 1: A person, in performing any function conferred on that person by the Act or an instrument made under the Act, must have regard to Australia’s obligations under the international agreements prescribed in this section: see section 136 of the Act.

Note 2: The international agreements mentioned in paragraphs (a) to (e) are in the following Australian Treaties Series:

(a) the Agreement mentioned in paragraph (a)—Australian Treaty Series 2025 No. 5 ([2025] ATS 5);

(b) the Treaty mentioned in paragraph (b)—Australian Treaty Series 1973 No. 3 ([1973] ATS 3);

(c) the Treaty mentioned in paragraph (c)—Australian Treaty Series 1986 No. 32 ([1986] ATS 32);

(d) the Agreement mentioned in paragraph (d)—Australian Treaty Series 1974 No. 16 ([1974] ATS 16);

(e) the Protocol mentioned in paragraph (e)—Australian Treaty Series 1997 No. 28 ([1997] ATS 28).

 They could in 2025 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).

  For the purposes of paragraph 144(2)(a) of the Act, an application for an exemption to be granted under subsection (1) of that section must be in writing, in the approved form (if any), and include the following:

 (a) the name of the person to be exempted;

 (b) the name and contact details of the applicant;

 (c) if the application is in relation to an NNP facility, NNP material, or NNP equipment or plant, that is covered by a licence—the reference number for the licence;

 (d) whether the application seeks an exemption from subsection 19(1) of the Act or from a licence condition;

 (e) if the application seeks an exemption from subsection 19(1) of the Act, to allow a person who is not authorised under a licence to conduct a regulated activity—an explanation of the operational imperative for seeking the exemption;

 (f) if the application seeks an exemption from a particular licence condition—the licence condition;

 (g) the period for which the exemption is sought including the period’s start date and end date;

 (h) reasons why the exemption is sought;

 (i) an explanation of why the applicant believes that granting the exemption would not negatively impact the following:

 (i) nuclear safety;

 (ii) the objects of the Act;

 (iii) the ability of any person conducting a regulated activity covered by, or related to, the application for exemption, to comply with the nuclear safety duties applying to the person under Division 2 of Part 2 of the Act;

 (j) any other information the applicant wishes the Regulator to consider in determining the application.

Note: See sections 8 and 9.

 

Aerial photographic map showing the Stirling designated zone

 

Aerial photographic map showing the Osborne designated zone

 

Note: See sections 5 and 6.

 

  For the purposes of subsection 5(1), the activity value for a nuclide mentioned in an item in column 1 of the following table is as follows:

 (a) if the nuclide is in solid form—the activity value specified in column 2 of the item;

 (b) if the nuclide is in liquid form—the activity value specified in column 3 of the item;

 (c) if the nuclide is in the form of gas or vapour—the activity value specified in column 4 of the item.

 

Activity values for nuclides

Item

Column 1

Nuclide

Column 2

Activity value (Bq) for nuclide in solid form

Column 3

Activity value for nuclide in liquid form (Bq)

Column 4

Activity value for nuclide in form of gas or vapour (Bq)

1

H3

1 x 109

2.0 x 1011

1.0 x 1012

2

Be7

1 x 107

 

 

3

Be10

1 x 106

 

 

4

C11

1 x 106

 

 

5

C14

1 x 107

1.8 x 108

1.0 x 1011

6

N13

1 x 109

 

 

7

Ne19

1 x 109

 

 

8

O15

1 x 109

 

 

9

F18

1 x 106

2.3 x 109

2.5 x 1013

10

Na22

1 x 106

1.0 x 106

1.0 x 107

11

Na24

1 x 105

1.0 x 108

1.0 x 1010

12

Mg28

1 x 105

 

 

13

Al26

1 x 105

 

 

14

Si31

1 x 106

 

 

15

Si32

1 x 106

 

 

16

P32

1 x 105

1.0 x 107

1.0 x 109

17

P33

1 x 108

3.0 x 108

3.0 x 1010

18

S35

1 x 108

 

 

19

S35 (inorganic)

 

3.3 x 108

1.0 x 109

20

Cl36

1 x 106

7.1 x 106

1.0 x 108

21

Cl38

1 x 105

 

 

22

Cl39

1 x 105

 

 

23

Ar37

1 x 108

 

 

24

Ar39

1 x 104

 

 

25

Ar41

1 x 109

 

 

26

K40

1 x 106

 

 

27

K42

1 x 106

 

 

28

K43

1 x 106

 

 

29

K44

1 x 105

 

 

30

K45

1 x 105

 

 

31

Ca41

1 x 107

 

 

32

Ca45

1 x 107

3.0 x 109

1.0 x 109

33

Ca47

1 x 106

 

 

34

Sc43

1 x 106

 

 

35

Sc44

1 x 105

 

 

36

Sc45

1 x 107

 

 

37

Sc46

1 x 106

 

 

38

Sc47

1 x 106

 

 

39

Sc48

1 x 105

 

 

40

Sc49

1 x 105

 

 

41

Ti44

1 x 105

 

 

42

Ti45

1 x 106

 

 

43

V47

1 x 105

 

 

44

V48

1 x 105

 

 

45

V49

1 x 107

 

 

46

Cr48

1 x 106

 

 

47

Cr49

1 x 106

 

 

48

Cr51

1 x 107

1.0 x 109

1.0 x 1010

49

Mn51

1 x 105

 

 

50

Mn52

1 x 105

 

 

51

Mn52m

1 x 105

 

 

52

Mn53

1 x 109

 

 

53

Mn54

1 x 106

 

 

54

Mn56

1 x 105

 

 

55

Fe52

1 x 106

 

 

56

Fe55

1 x 106

 

 

57

Fe59

1 x 106

1.0 x 107

1.0 x 109

58

Fe60

1 x 105

 

 

59

Co55

1 x 106

 

 

60

Co56

1 x 105

 

 

61

Co57

1 x 106

6.3 x 108

1.0 x 1010

62

Co58

1 x 106

 

 

63

Co58m

1 x 107

 

 

64

Co60

1 x 105

5.6 x 106

8.3 x 109

65

Co60m

1 x 106

 

 

66

Co61

1 x 106

 

 

67

Co62m

1 x 105

 

 

68

Ni56

1 x 106

 

 

69

Ni57

1 x 106

 

 

70

Ni59

1 x 108

 

 

71

Ni63

1 x 108

6.3 x 1010

8.3 x 1012

72

Ni65

1 x 106

 

 

73

Ni66

1 x 107

 

 

74

Cu60

1 x 105

 

 

75

Cu61

1 x 106

 

 

76

Cu64

1 x 106

 

 

77

Cu67

1 x 106

 

 

78

Zn62

1 x 106

 

 

79

Zn63

1 x 105

 

 

80

Zn65

1 x 106

7.0 x 106

3.0 x 1010

81

Zn69

1 x 106

 

 

82

Zn69m

1 x 106

 

 

83

Zn71m

1 x 106

 

 

84

Zn72

1 x 106

 

 

85

Ga65

1 x 105

 

 

86

Ga66

1 x 105

 

 

87

Ga67

1 x 106

1.0 x 109

1.0 x 1011

88

Ga68

1 x 105

 

 

89

Ga70

1 x 106

 

 

90

Ga72

1 x 105

 

 

91

Ga73

1 x 106

 

 

92

Ge66

1 x 106

 

 

93

Ge67

1 x 105

 

 

94

Ge68a

1 x 105

 

 

95

Ge69

1 x 106

 

 

96

Ge71

1 x 108

 

 

97

Ge75

1 x 106

 

 

98

Ge77

1 x 105

 

 

99

Ge78

1 x 106

 

 

100

As69

1 x 105

 

 

101

As70

1 x 105

 

 

102

As71

1 x 106

 

 

103

As72

1 x 105

 

 

104

As73

1 x 107

 

 

105

As74

1 x 106

 

 

106

As76

1 x 105

 

 

107

As77

1 x 106

 

 

108

As78

1 x 105

 

 

109

Se70

1 x 106

 

 

110

Se73

1 x 106

 

 

111

Se73m

1 x 106

 

 

112

Se75

1 x 106

 

 

113

Se79

1 x 107

 

 

114

Se81

1 x 106

 

 

115

Se81m

1 x 107

 

 

116

Se83

1 x 105

 

 

117

Br74

1 x 105

 

 

118

Br74m

1 x 105

 

 

119

Br75

1 x 106

 

 

120

Br76

1 x 105

 

 

121

Br77

1 x 106

 

 

122

Br80

1 x 105

 

 

123

Br80m

1 x 107

 

 

124

Br82

1 x 106

 

 

125

Br83

1 x 106

 

 

126

Br84

1 x 105

 

 

127

Kr74

1 x 109

 

 

128

Kr76

1 x 109

 

 

129

Kr77

1 x 109

 

 

130

Kr79

1 x 105

 

 

131

Kr81

1 x 107

 

 

132

Kr81m

1 x 1010

 

 

133

Kr83m

1 x 1012

 

 

134

Kr85

1 x 104

 

7.7 x 1015

135

Kr85m

1 x 1010

 

 

136

Kr87

1 x 109

 

 

137

Kr88

1 x 109

 

 

138

Rb79

1 x 105

 

 

139

Rb81

1 x 106

 

 

140

Rb81m

1 x 107

 

 

141

Rb82m

1 x 106

 

 

142

Rb83a

1 x 106

 

 

143

Rb84

1 x 106

 

 

144

Rb86

1 x 105

 

 

145

Rb87

1 x 107

 

 

146

Rb88

1 x 105

 

 

147

Rb89

1 x 105

 

 

148

Sr80

1 x 107

 

 

149

Sr81

1 x 105

 

 

150

Sr82a

1 x 105

 

 

151

Sr83

1 x 106

 

 

152

Sr85

1 x 106

 

 

153

Sr85m

1 x 107

 

 

154

Sr87m

1 x 106

 

 

155

Sr89

1 x 106

2.0 x 109

1.0 x 109

156

Sr90a

1 x 104

 

 

157

Sr90

 

1.0 x 107

3.0 x 1010

158

Sr91

1 x 105

 

 

159

Sr92

1 x 106

 

 

160

Y86

1 x 105

 

 

161

Y86m

1 x 107

 

 

162

Y87a

1 x 106

 

 

163

Y88

1 x 106

 

 

164

Y90

1 x 105

4.2 x 1010

1.0 x 1011

165

Y90m

1 x 106

 

 

166

Y91

1 x 106

 

 

167

Y91m

1 x 106

 

 

168

Y92

1 x 105

 

 

169

Y93

1 x 105

 

 

170

Y94

1 x 105

 

 

171

Y95

1 x 105

 

 

172

Zr86

1 x 107

 

 

173

Zr88

1 x 106

 

 

174

Zr89

1 x 106

 

 

175

Zr93a

1 x 107

 

 

176

Zr95

1 x 106

 

 

177

Zr97a

1 x 105

 

 

178

Nb88

1 x 105

 

 

179

Nb89

1 x 105

 

 

180

Nb89m

1 x 105

 

 

181

Nb90

1 x 105

 

 

182

Nb93m

1 x 107

 

 

183

Nb94

1 x 106

 

 

184

Nb95

1 x 106

 

 

185

Nb95m

1 x 107

 

 

186

Nb96

1 x 105

 

 

187

Nb97

1 x 106

 

 

188

Nb98

1 x 105

 

 

189

Mo90

1 x 106

 

 

190

Mo93

1 x 108

 

 

191

Mo93m

1 x 106

 

 

192

Mo99

1 x 106

1.0 x 109

1.0 x 1010

193

Mo101

1 x 106

 

 

194

Tc93

1 x 106

 

 

195

Tc93m

1 x 106

 

 

196

Tc94

1 x 106

 

 

197

Tc94m

1 x 105

 

 

198

Tc95

1 x 106

 

 

199

Tc95m

1 x 106

 

 

200

Tc96

1 x 106

 

 

201

Tc96m

1 x 107

 

 

202

Tc97

1 x 108

 

 

203

Tc97m

1 x 107

 

 

204

Tc98

1 x 106

 

 

205

Tc99

1 x 107

2.0 x 106

1.0 x 108

206

Tc99m

1 x 107

7.0 x 108

1.0 x 1012

207

Tc101

1 x 106

 

 

208

Tc104

1 x 105

 

 

209

Ru94

1 x 106

 

 

210

Ru97

1 x 107

 

 

211

Ru103

1 x 106

 

 

212

Ru105

1 x 106

 

 

213

Ru106a

1 x 105

 

 

214

Rh99

1 x 106

 

 

215

Rh99m

1 x 106

 

 

216

Rh100

1 x 106

 

 

217

Rh101

1 x 107

 

 

218

Rh101m

1 x 107

 

 

219

Rh102

1 x 106

 

 

220

Rh102m

1 x 106

 

 

221

Rh103m

1 x 108

 

 

222

Rh105

1 x 107

 

 

223

Rh106m

1 x 105

 

 

224

Rh107

1 x 106

 

 

225

Pd100

1 x 107

 

 

226

Pd101

1 x 106

 

 

227

Pd103

1 x 108

 

 

228

Pd107

1 x 108

 

 

229

Pd109

1 x 106

 

 

230

Ag102

1 x 105

 

 

231

Ag103

1 x 106

 

 

232

Ag104

1 x 106

 

 

233

Ag104m

1 x 106

 

 

234

Ag105

1 x 106

 

 

235

Ag106

1 x 106

 

 

236

Ag106m

1 x 106

 

 

237

Ag108ma

1 x 106

 

 

238

Ag110m

1 x 106

 

 

239

Ag111

1 x 106

 

 

240

Ag112

1 x 105

 

 

241

Ag115

1 x 105

 

 

242

Cd104

1 x 107

 

 

243

Cd107

1 x 107

 

 

244

Cd109

1 x 106

 

 

245

Cd113

1 x 106

 

 

246

Cd113m

1 x 106

 

 

247

Cd115

1 x 106

 

 

248

Cd115m

1 x 106

 

 

249

Cd117

1 x 106

 

 

250

Cd117m

1 x 106

 

 

251

In109

1 x 106

 

 

252

In110

1 x 106

 

 

253

In110m

1 x 105

 

 

254

In111

1 x 106

1.0 x 109

1.0 x 1010

255

In112

1 x 106

 

 

256

In113m

1 x 106

 

 

257

In114

1 x 105

 

 

258

In114m

1 x 106

 

 

259

In115

1 x 105

 

 

260

In115m

1 x 106

 

 

261

In116m

1 x 105

 

 

262

In117

1 x 106

 

 

263

In117m

1 x 106

 

 

264

In119m

1 x 105

 

 

265

Sn110

1 x 107

 

 

266

Sn111

1 x 106

 

 

267

Sn113

1 x 107

 

 

268

Sn117m

1 x 106

 

 

269

Sn119m

1 x 107

 

 

270

Sn121

1 x 107

 

 

271

Sn121ma

1 x 107

 

 

272

Sn123

1 x 106

 

 

273

Sn123m

1 x 106

 

 

274

Sn125

1 x 105

 

 

275

Sn126a

1 x 105

 

 

276

Sn127

1 x 106

 

 

277

Sn128

1 x 106

 

 

278

Sb115

1 x 106

 

 

279

Sb116

1 x 106

 

 

280

Sb116m

1 x 105

 

 

281

Sb117

1 x 107

 

 

282

Sb118m

1 x 106

 

 

283

Sb119

1 x 107

 

 

284

Sb120

1 x 106

 

 

285

Sb120m

1 x 106

 

 

286

Sb122

1 x 104

 

 

287

Sb124

1 x 106

 

 

288

Sb124m

1 x 106

 

 

289

Sb125

1 x 106

 

 

290

Sb126

1 x 105

 

 

291

Sb126m

1 x 105

 

 

292

Sb127

1 x 106

 

 

293

Sb128

1 x 105

 

 

294

Sb128m

1 x 105

 

 

295

Sb129

1 x 106

 

 

296

Sb130

1 x 105

 

 

297

Sb131

1 x 106

 

 

298

Te116

1 x 107

 

 

299

Te121

1 x 106

 

 

300

Te121m

1 x 106

 

 

301

Te123

1 x 106

 

 

302

Te123m

1 x 107

 

 

303

Te125m

1 x 107

 

 

304

Te127

1 x 106

 

 

305

Te127m

1 x 107

 

 

306

Te129

1 x 106

 

 

307

Te129m

1 x 106

 

 

308

Te131

1 x 105

 

 

309

Te131m

1 x 106

 

 

310

Te132

1 x 107

 

 

311

Te133

1 x 105

 

 

312

Te133m

1 x 105

 

 

313

Te134

1 x 106

 

 

314

I120

1 x 105

 

 

315

I120m

1 x 105

 

 

316

I121

1 x 106

 

 

317

I123

1 x 107

8.3 x 109

1.0 x 1011

318

I124

1 x 106

 

 

319

I125

1 x 106

1.0 x 109

1.0 x 109

320

I126

1 x 106

 

 

321

I128

1 x 105

 

 

322

I129

1 x 105

1.8 x 107

1.3 x 109

323

I130

1 x 106

 

 

324

I131

1 x 106

1.0 x 108

1.0 x 109

325

I132

1 x 105

 

 

326

I132m

1 x 106

 

 

327

I133

1 x 106

 

 

328

I134

1 x 105

 

 

329

I135

1 x 106

 

 

330

Xe120

1 x 109

 

 

331

Xe121

1 x 109

 

 

332

Xe122a

1 x 109

 

 

333

Xe123

1 x 109

 

 

334

Xe125

1 x 109

 

 

335

Xe127

1 x 105

 

 

336

Xe129m

1 x 104

 

 

337

Xe131m

1 x 104

 

 

338

Xe133m

1 x 104

 

 

339

Xe133

1 x 104

 

 

340

Xe135

1 x 1010

 

 

341

Xe135m

1 x 109

 

 

342

Xe138

1 x 109

 

 

343

Cs125

1 x 104

 

 

344

Cs127

1 x 105

 

 

345

Cs129

1 x 105

 

 

346

Cs130

1 x 106

 

 

347

Cs131

1 x 106

 

 

348

Cs132

1 x 105

 

 

349

Cs134m

1 x 105

 

 

350

Cs134

1 x 104

 

 

351

Cs135

1 x 107

 

 

352

Cs135m

1 x 106

 

 

353

Cs136

1 x 105

 

 

354

Cs137a

1 x 104

 

 

355

Cs137

 

1.7 x 107

1.4 x 1010

356

Cs138

1 x 104

 

 

357

Ba126

1 x 107

 

 

358

Ba128

1 x 107

 

 

359

Ba131

1 x 106

 

 

360

Ba131m

1 x 107

 

 

361

Ba133

1 x 106

 

 

362

Ba133m

1 x 106

 

 

363

Ba135m

1 x 106

 

 

364

Ba137m

1 x 106

 

 

365

Ba139

1 x 105

 

 

366

Ba140a

1 x 105

 

 

367

Ba141

1 x 105

 

 

368

Ba142

1 x 106

 

 

369

La131

1 x 106

 

 

370

La132

1 x 106

 

 

371

La135

1 x 107

 

 

372

La137

1 x 107

 

 

373

La138

1 x 106

 

 

374

La140

1 x 105

 

 

375

La141

1 x 105

 

 

376

La142

1 x 105

 

 

377

La143

1 x 105

 

 

378

Ce134

1 x 107

 

 

379

Ce135

1 x 106

 

 

380

Ce137

1 x 107

 

 

381

Ce137m

1 x 106

 

 

382

Ce139

1 x 106

 

 

383

Ce141

1 x 107

 

 

384

Ce143

1 x 106

 

 

385

Ce144a

1 x 105

 

 

386

Pr136

1 x 105

 

 

387

Pr137

1 x 106

 

 

388

Pr138m

1 x 106

 

 

389

Pr139

1 x 107

 

 

390

Pr142

1 x 105

 

 

391

Pr142m

1 x 109

 

 

392

Pr143

1 x 106

 

 

393

Pr144

1 x 105

 

 

394

Pr145

1 x 105

 

 

395

Pr147

1 x 105

 

 

396

Nd136

1 x 106

 

 

397

Nd138

1 x 107

 

 

398

Nd139

1 x 106

 

 

399

Nd139m

1 x 106

 

 

400

Nd141

1 x 107

 

 

401

Nd147

1 x 106

 

 

402

Nd149

1 x 106

 

 

403

Nd151

1 x 105

 

 

404

Pm141

1 x 105

 

 

405

Pm143

1 x 106

 

 

406

Pm144

1 x 106

 

 

407

Pm145

1 x 107

 

 

408

Pm146

1 x 106

 

 

409

Pm147

1 x 107

1.0 x 1011

1.0 x 1011

410

Pm148

1 x 105

 

 

411

Pm148m

1 x 106

 

 

412

Pm149

1 x 106

 

 

413

Pm150

1 x 105

 

 

414

Pm151

1 x 106

 

 

415

Sm141

1 x 105

 

 

416

Sm141m

1 x 106

 

 

417

Sm142

1 x 107

 

 

418

Sm145

1 x 107

 

 

419

Sm146

1 x 105

 

 

420

Sm147

1 x 104

 

 

421

Sm151

1 x 108

 

 

422

Sm153

1 x 106

3.2 x 1010

6.3 x 1012

423

Sm155

1 x 106

 

 

424

Sm156

1 x 106

 

 

425

Eu145

1 x 106

 

 

426

Eu146

1 x 106

 

 

427

Eu147

1 x 106

 

 

428

Eu148

1 x 106

 

 

429

Eu149

1 x 107

 

 

430

Eu150

1 x 106

 

 

431

Eu150m

1 x 106

 

 

432

Eu152

1 x 106

 

 

433

Eu152m

1 x 106

 

 

434

Eu154

1 x 106

 

 

435

Eu155

1 x 107

 

 

436

Eu156

1 x 106

 

 

437

Eu157

1 x 106

 

 

438

Eu158

1 x 105

 

 

439

Gd145

1 x 105

 

 

440

Gd146a

1 x 106

 

 

441

Gd147

1 x 106

 

 

442

Gd148

1 x 104

 

 

443

Gd149

1 x 106

 

 

444

Gd151

1 x 107

 

 

445

Gd152

1 x 104

 

 

446

Gd153

1 x 107

 

 

447

Gd159

1 x 106

 

 

448

Tb147

1 x 106

 

 

449

Tb149

1 x 106

 

 

450

Tb150

1 x 106

 

 

451

Tb151

1 x 106

 

 

452

Tb153

1 x 107

 

 

453

Tb154

1 x 106

 

 

454

Tb155

1 x 107

 

 

455

Tb156

1 x 106

 

 

456

Tb156 (24.4 h)

1 x 107

 

 

457

Tb156m’ (5 h)

1 x 107

 

 

458

Tb157

1 x 107

 

 

459

Tb158

1 x 106

 

 

460

Tb160

1 x 106

 

 

461

Tb161

1 x 106

 

 

462

Dy155

1 x 106

 

 

463

Dy157

1 x 106

 

 

464

Dy159

1 x 107

 

 

465

Dy165

1 x 106

 

 

466

Dy166

1 x 106

 

 

467

Ho155

1 x 106

 

 

468

Ho157

1 x 106

 

 

469

Ho159

1 x 106

 

 

470

Ho161

1 x 107

 

 

471

Ho162

1 x 107

 

 

472

Ho162m

1 x 106

 

 

473

Ho164

1 x 106

 

 

474

Ho164m

1 x 107

 

 

475

Ho166

1 x 105

 

 

476

Ho166m

1 x 106

 

 

477

Ho167

1 x 106

 

 

478

Er161

1 x 106

 

 

479

Er165

1 x 107

 

 

480

Er169

1 x 107

 

 

481

Er171

1 x 106

 

 

482

Er172

1 x 106

 

 

483

Tm162

1 x 106

 

 

484

Tm166

1 x 106

 

 

485

Tm167

1 x 106

 

 

486

Tm170

1 x 106

 

 

487

Tm171

1 x 108

 

 

488

Tm172

1 x 106

 

 

489

Tm173

1 x 106

 

 

490

Tm175

1 x 106

 

 

491

Yb162

1 x 107

 

 

492

Yb166

1 x 107

 

 

493

Yb167

1 x 106

 

 

494

Yb169

1 x 107

 

 

495

Yb175

1 x 107

 

 

496

Yb177

1 x 106

 

 

497

Yb178

1 x 106

 

 

498

Lu169

1 x 106

 

 

499

Lu170

1 x 106

 

 

500

Lu171

1 x 106

 

 

501

Lu172

1 x 106

 

 

502

Lu173

1 x 107

 

 

503

Lu174

1 x 107

 

 

504

Lu174m

1 x 107

 

 

505

Lu176

1 x 106

 

 

506

Lu176m

1 x 106

 

 

507

Lu177

1 x 107

 

 

508

Lu177m

1 x 106

 

 

509

Lu178

1 x 105

 

 

510

Lu178m

1 x 105

 

 

511

Lu179

1 x 106

 

 

512

Hf170

1 x 106

 

 

513

Hf172a

1 x 106

 

 

514

Hf173

1 x 106

 

 

515

Hf175

1 x 106

 

 

516

Hf177m

1 x 105

 

 

517

Hf178m

1 x 106

 

 

518

Hf179m

1 x 106

 

 

519

Hf180m

1 x 106

 

 

520

Hf181

1 x 106

 

 

521

Hf182

1 x 106

 

 

522

Hf182m

1 x 106

 

 

523

Hf183

1 x 106

 

 

524

Hf184

1 x 106

 

 

525

Ta172

1 x 106

 

 

526

Ta173

1 x 106

 

 

527

Ta174

1 x 106

 

 

528

Ta175

1 x 106

 

 

529

Ta176

1 x 106

 

 

530

Ta177

1 x 107

 

 

531

Ta178

1 x 106

 

 

532

Ta179

1 x 107

 

 

533

Ta180

1 x 106

 

 

534

Ta180m

1 x 107

 

 

535

Ta182

1 x 104

 

 

536

Ta182m

1 x 106

 

 

537

Ta183

1 x 106

 

 

538

Ta184

1 x 106

 

 

539

Ta185

1 x 105

 

 

540

Ta186

1 x 105

 

 

541

W176

1 x 106

 

 

542

W177

1 x 106

 

 

543

W178a

1 x 106

 

 

544

W179

1 x 107

 

 

545

W181

1 x 107

 

 

546

W185

1 x 107

 

 

547

W187

1 x 106

 

 

548

W188a

1 x 105

 

 

549

Re177

1 x 106

 

 

550

Re178

1 x 106

 

 

551

Re181

1 x 106

 

 

552

Re182

1 x 106

 

 

553

Re182m

1 x 106

 

 

554

Re184

1 x 106

 

 

555

Re184m

1 x 106

 

 

556

Re186

1 x 106

 

 

557

Re186m

1 x 107

 

 

558

Re187

1 x 109

 

 

559

Re188

1 x 105

 

 

560

Re188m

1 x 107

 

 

561

Re189a

1 x 106

 

 

562

Os180

1 x 107

 

 

563

Os181

1 x 106

 

 

564

Os182

1 x 106

 

 

565

Os185

1 x 106

 

 

566

Os189m

1 x 107

 

 

567

Os191

1 x 107

 

 

568

Os191m

1 x 107

 

 

569

Os193

1 x 106

 

 

570

Os194a

1 x 105

 

 

571

Ir182

1 x 105

 

 

572

Ir184

1 x 106

 

 

573

Ir185

1 x 106

 

 

574

Ir186

1 x 106

 

 

575

Ir186m

1 x 106

 

 

576

Ir187

1 x 106

 

 

577

Ir188

1 x 106

 

 

578

Ir189a

1 x 107

 

 

579

Ir190

1 x 106

 

 

580

Ir190m (3.1 h)

1 x 106

 

 

581

Ir190m’ (1.2 h)

1 x 107

 

 

582

Ir192

1 x 104

 

 

583

Ir192m

1 x 107

 

 

584

Ir193m

1 x 107

 

 

585

Ir194

1 x 105

 

 

586

Ir194m

1 x 106

 

 

587

Ir195

1 x 106

 

 

588

Ir195m

1 x 106

 

 

589

Pt186

1 x 106

 

 

590

Pt188a

1 x 106

 

 

591

Pt189

1 x 106

 

 

592

Pt191

1 x 106

 

 

593

Pt193

1 x 107

 

 

594

Pt193m

1 x 107

 

 

595

Pt195m

1 x 106

 

 

596

Pt197

1 x 106

 

 

597

Pt197m

1 x 106

 

 

598

Pt199

1 x 106

 

 

599

Pt200

1 x 106

 

 

600

Au193

1 x 107

 

 

601

Au194

1 x 106

 

 

602

Au195

1 x 107

 

 

603

Au198

1 x 106

 

 

604

Au198m

1 x 106

 

 

605

Au199

1 x 106

 

 

606

Au200

1 x 105

 

 

607

Au200m

1 x 106

 

 

608

Au201

1 x 106

 

 

609

Hg193

1 x 106

 

 

610

Hg193m

1 x 106

 

 

611

Hg194a

1 x 106

 

 

612

Hg195

1 x 106

 

 

613

Hg195ma

1 x 106

 

 

614

Hg197

1 x 107

 

 

615

Hg197m

1 x 106

 

 

616

Hg199m

1 x 106

 

 

617

Hg203

1 x 105

 

 

618

Tl194

1 x 106

 

 

619

Tl194m

1 x 106

 

 

620

Tl195

1 x 106

 

 

621

Tl197

1 x 106

 

 

622

Tl198

1 x 106

 

 

623

Tl198m

1 x 106

 

 

624

Tl199

1 x 106

 

 

625

Tl200

1 x 106

 

 

626

Tl201

1 x 106

1.0 x 109

1.0 x 1011

627

Tl202

1 x 106

 

 

628

Tl204

1 x 104

 

 

629

Pb195m

1 x 106

 

 

630

Pb198

1 x 106

 

 

631

Pb199

1 x 106

 

 

632

Pb200

1 x 106

 

 

633

Pb201

1 x 106

 

 

634

Pb202

1 x 106

 

 

635

Pb202m

1 x 106

 

 

636

Pb203

1 x 106

 

 

637

Pb205

1 x 107

 

 

638

Pb209

1 x 106

 

 

639

Pb210a

1 x 104

 

 

640

Pb211

1 x 106

 

 

641

Pb212a

1 x 105

 

 

642

Pb214

1 x 106

 

 

643

Bi200

1 x 106

 

 

644

Bi201

1 x 106

 

 

645

Bi202

1 x 106

 

 

646

Bi203

1 x 106

 

 

647

Bi205

1 x 106

 

 

648

Bi206

1 x 105

 

 

649

Bi207

1 x 106

 

 

650

Bi210

1 x 106

 

 

651

Bi210ma

1 x 105

 

 

652

Bi212a

1 x 105

 

 

653

Bi213

1 x 106

 

 

654

Bi214

1 x 105

 

 

655

Po203

1 x 106

 

 

656

Po205

1 x 106

 

 

657

Po206

1 x 106

 

 

658

Po207

1 x 106

 

 

659

Po208

1 x 104

 

 

660

Po209

1 x 104

 

 

661

Po210

1 x 104

 

 

662

At207

1 x 106

 

 

663

At211

1 x 107

 

 

664

Fr222

1 x 105

 

 

665

Fr223

1 x 106

 

 

666

Rn220a

1 x 107

 

 

667

Rn222a

1 x 108

 

 

668

Ra223a

1 x 105

 

 

669

Ra223

 

1.3 x 108

6.9 x 108

670

Ra224a

1 x 105

 

 

671

Ra225

1 x 105

 

 

672

Ra226a

1 x 104

 

 

673

Ra227

1 x 106

 

 

674

Ra228a

1 x 105

 

 

675

Ac224

1 x 106

 

 

676

Ac225a

1 x 104

 

 

677

Ac226

1 x 105

 

 

678

Ac227a

1 x 103

 

 

679

Ac228

1 x 106

 

 

680

Th226a

1 x 107

 

 

681

Th227

1 x 104

 

 

682

Th228a

1 x 104

 

 

683

Th229a

1 x 103

 

 

684

Th230

1 x 104

 

 

685

Th231

1 x 107

 

 

686

Th232

1 x 104

 

 

687

Thnata

1 x 103

 

 

688

Th234a

1 x 105

 

 

689

Pa227

1 x 106

 

 

690

Pa228

1 x 106

 

 

691

Pa230

1 x 106

 

 

692

Pa231

1 x 103

 

 

693

Pa232

1 x 106

 

 

694

Pa233

1 x 107

 

 

695

Pa234

1 x 106

 

 

696

U230a

1 x 105

 

 

697

U231

1 x 107

 

 

698

U232a

1 x 103

 

 

699

U233

1 x 104

 

 

700

U234

1 x 104

 

 

701

U235a

1 x 104

 

 

702

U236

1 x 104

 

 

703

U237

1 x 106

 

 

704

U238a

1 x 104

 

 

705

Unata

1 x 103

 

 

706

U239

1 x 106

 

 

707

U240

1 x 107

 

 

708

U240a

1 x 106

 

 

709

Np232

1 x 106

 

 

710

Np233

1 x 107

 

 

711

Np234

1 x 106

 

 

712

Np235

1 x 107

 

 

713

Np236

1 x 105

 

 

714

Np236m

1 x 107

 

 

715

Np237a

1 x 103

 

 

716

Np238

1 x 106

 

 

717

Np239

1 x 107

 

 

718

Np240

1 x 106

 

 

719

Pu234

1 x 107

 

 

720

Pu235

1 x 107

 

 

721

Pu236

1 x 104

 

 

722

Pu237

1 x 107

 

 

723

Pu238

1 x 104

 

 

724

Pu239

1 x 104

 

 

725

Pu240

1 x 103

 

 

726

Pu241

1 x 105

 

 

727

Pu242

1 x 104

 

 

728

Pu243

1 x 107

 

 

729

Pu244

1 x 104

 

 

730

Pu245

1 x 106

 

 

731

Pu246

1 x 106

 

 

732

Am237

1 x 106

 

 

733

Am238

1 x 106

 

 

734

Am239

1 x 106

 

 

735

Am240

1 x 106

 

 

736

Am241

1 x 104

1.3 x 108

1.0 x 108

737

Am242

1 x 106

 

 

738

Am242ma

1 x 104

 

 

739

Am243a

1 x 103

 

 

740

Am244

1 x 106

 

 

741

Am244m

1 x 107

 

 

742

Am245

1 x 106

 

 

743

Am246

1 x 105

 

 

744

Am246m

1 x 106

 

 

745

Cm238

1 x 107

 

 

746

Cm240

1 x 105

 

 

747

Cm241

1 x 106

 

 

748

Cm242

1 x 105

 

 

749

Cm243

1 x 104

 

 

750

Cm244

1 x 104

 

 

751

Cm245

1 x 103

 

 

752

Cm246

1 x 103

 

 

753

Cm247

1 x 104

 

 

754

Cm248

1 x 103

 

 

755

Cm249

1 x 106

 

 

756

Cm250

1 x 103

 

 

757

Bk245

1 x 106

 

 

758

Bk246

1 x 106

 

 

759

Bk247

1 x 104

 

 

760

Bk249

1 x 106

 

 

761

Bk250

1 x 106

 

 

762

Cf244

1 x 107

 

 

763

Cf246

1 x 106

 

 

764

Cf248

1 x 104

 

 

765

Cf249

1 x 103

 

 

766

Cf250

1 x 104

 

 

767

Cf251

1 x 103

 

 

768

Cf252

1 x 104

 

 

769

Cf253

1 x 105

 

 

770

Cf254

1 x 103

 

 

771

Es250

1 x 106

 

 

772

Es251

1 x 107

 

 

773

Es253

1 x 105

 

 

774

Es254

1 x 104

 

 

775

Es254m

1 x 106

 

 

776

Fm252

1 x 106

 

 

777

Fm253

1 x 106

 

 

778

Fm254

1 x 107

 

 

779

Fm255

1 x 106

 

 

780

Fm257

1 x 105

 

 

781

Md257

1 x 107

 

 

782

Md258

1 x 105

 

 

783

An alphaemitting nuclide not mentioned in another item

1 x 103

 

 

784

A nuclide that is not alphaemitting and not mentioned in another item

1 x 104

 

 

Note 1: The activity of a progeny nuclide included in secular equilibrium with a parent nuclide is dealt with in section 6. Parent nuclides and progeny nuclides are set out in clause 2 of this Schedule, and parent nuclides are also marked a in the table in this clause.

Note 2: A nuclide marked m or m’ in the table indicates a metastable state of the nuclide, with the metastable state m’ indicating a state of higher energy than the metastable state m.

 

  The following table lists parent nuclides and progeny nuclides for the purposes of section 6.

 

Parent nuclides and progeny nuclides

 

Parent nuclide

Progeny nuclide

1

Ge68

Ga68

2

Rb83

Kr83m

3

Sr82

Rb82

4

Sr90

Y90

5

Y87

Sr87m

6

Zr93

Nb93m

7

Zr97

Nb97

8

Ru106

Rh106

9

Ag108m

Ag108

10

Sn121m

Sn121 (0.776)

11

Sn126

Sb126m

12

Xe122

I122

13

Cs137

Ba137m

14

Ba140

La140

15

Ce144

Pr144

16

Gd146

Eu146

17

Hf172

Lu172

18

W178

Ta178

19

W188

Re188

20

Re189

Os189m (0.241)

21

Os194

Ir194

22

Ir189

Os189m

23

Pt188

Ir188

24

Hg194

Au194

25

Hg195m

Hg195 (0.542)

26

Pb210

Bi210

Po210

27

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

28

Bi210m

Tl206

29

Bi212

Tl208 (0.36)

Po212 (0.64)

30

Rn220

Po216

31

Rn222

Po218

Pb214

Bi214

Po214

32

Ra223

Rn219

Po215

Pb211

Bi211

Tl207

33

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

34

Ra226

Rn222

Po218

Pb214

Bi214

Po214

Pb210

Bi210

Po210

35

Ra228

Ac228

36

Ac225

Fr221

At217

Bi213

Po213 (0.978)

Tl209 (0.0216)

Pb209 (0.978)

37

Ac227

Fr223 (0.0138)

38

Th226

Ra222

Rn218

Po214

39

Th228

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

40

Th229

Ra225

Ac225

Fr221

At217

Bi213

Po213

Pb209

41

Thnat

Ra228

Ac228

Th228

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

42

Th234

Pa234m

43

U230

Th226

Ra222

Rn218

Po214

44

U232

Th228

Ra224

Rn220

Po216

Pb212

Bi212

Tl208 (0.36)

Po212 (0.64)

45

U235

Th231

46

U238

Th234

Pa234m

47

Unat

Th234

Pa234m

U234

Th230

Ra226

Rn222

Po218

Pb214

Bi214

Po214

Pb210

Bi210

Po210

48

U240

Np240m

49

Np237

Pa233

50

Am242m

Am242

51

Am243

Np239

Note 1: The activity of a progeny nuclide included in secular equilibrium with a parent nuclide is dealt with in section 6.

Note 2: Parent nuclides are also marked a in the table in clause 1.