6 June 2024
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Christopher Welch
Science, Technology, Environment and Resources Section
Introduction
Nuclear-powered electricity production (often called nuclear
power or nuclear energy) is currently prohibited in Australia under the Environment
Protection and Biodiversity Conservation Act 1999 and the Australian
Radiation Protection and Nuclear Safety Act 1998. It is also prohibited
by legislation in several states as summarised in the Parliamentary Library’s paper,
Current
prohibitions on nuclear activities in Australia: a quick guide. Over
the last 20 years, there have been several reviews and inquiries that have considered
the removal of some of these prohibitions as well as the feasibility of nuclear
energy in Australia.
This quick guide describes, in chronological order, the
major government inquiries and reviews into nuclear energy that have occurred
at the federal and state levels over this period. It includes inquiries with a
substantial focus on nuclear energy in their terms of reference. It does not
include those that focus on uranium mining and processing, nuclear waste
management or nuclear-powered submarines. Some information on these topics is
contained in the Parliamentary Library’s paper, Radioactive
waste management in Australia 2012 – 2022: a chronology and Bills
digest, Australian
Naval Nuclear Power Safety Bill 2023 [and] Australian Naval Nuclear Power
Safety (Transitional Provisions) Bill 2023.
2005–06 Parliamentary inquiry into developing Australia’s
non-fossil fuel energy industry
On 15 March 2005, the then Minister for Industry, Tourism
and Resources, Ian Macfarlane, asked the House Standing Committee on Industry
and Resources to inquire
into the development of the non-fossil fuel energy industry. The terms
of reference for the inquiry specify the inquiry is to commence ‘with a
case study into the strategic importance of Australia’s uranium resource’.
While nuclear energy forms part of the inquiry, the primary
focus of the inquiry is other elements of the nuclear fuel cycle, including
uranium mining, processing and export. The 802-page final report, Australia’s
uranium: greenhouse friendly fuel for an energy hungry world,
was published in November 2006. This includes Chapter 4 on greenhouse gas
emissions and nuclear power.
The report made 14 recommendations, with part of one
recommendation directly relating to the prohibitions on nuclear energy,
Recommendation 12 (pp. xlii–xliii):
The Committee recommends that the Australian and state
governments, through the Council of Australian Governments:
- examine how Australia might seek greater beneficiation of its
uranium resources prior to export and encourage such a development, while
meeting non-proliferation objectives proposed in initiatives such as the US
Global Nuclear Energy Partnership (GNEP) and the International Atomic Energy
Agency’s (IAEA) proposed multilateral approaches to the nuclear fuel cycle;
- examine the possible establishment of fuel cycle facilities (for
example, uranium conversion and enrichment plants) which, in accordance with
the IAEA’s recommendation for such facilities to be operated on a multilateral
basis, could be operated on a joint ownership, co-management or drawing rights
basis with countries in the region intending to use nuclear energy in the
future;
- examine whether, in light of the advances in spent fuel
management proposed in the GNEP initiative, there is in fact a potential role
for Australia in the back-end of the fuel cycle;
-
in the event these proposals are adopted, develop a licensing and
regulatory framework, that meets world’s best practice, to provide for the
possible establishment of fuel cycle services industries and facilities in
Australia; and
- having established an appropriate regulatory regime, remove
legislative impediments to the establishment of nuclear fuel cycle facilities
in Australia and, specifically, repeal or amend:
- Section 140A of the Environment Protection and Biodiversity
Conservation Act 1999, and
- Section 10 of the Australian Radiation Protection and Nuclear
Safety Act 1998.
The Coalition government responded to
the report in March 2007, stating that Recommendation 12 was ‘noted’ and
that the government would ‘develop a workplan on options for an appropriate
regulatory framework for an expanded nuclear industry’ (pp. 5–6).
2006 Prime ministerial uranium mining,
processing and nuclear energy review (Switkowski Review)
On 6 June 2006, then Prime Minister John Howard established
the Prime
Ministerial Uranium Mining, Processing and Nuclear Energy Review Taskforce
to undertake a review. This became commonly known as the Switkowski Review,
after the chair of the taskforce, Dr Ziggy Switkowski. The terms
of reference for the review were to consider the economic issues of the
nuclear fuel cycle and nuclear energy, environmental issues, and health safety
and proliferation issues. The final report of
the taskforce was published on 29
December 2006.
The review is notable as the first major review of nuclear
energy in Australia since the introduction of the Commonwealth prohibitions,
and the final report, Uranium mining,
processing and nuclear energy review: opportunities for Australia?, summarises
the key issues of the nuclear debate during 2006. The final report did not make
any recommendations but did include several key findings.
The key findings highlight the potential that nuclear energy
could play in diversifying Australia’s energy mix, including a potential source
of baseload power, and emissions reduction (p. 2). However, the report
also highlights some of the limitations and challenges that a nuclear industry
would face, including economics, introduction of regulation, waste management,
and community acceptance (pp. 2, 5–6).
2015–16 South Australia Nuclear
Fuel Cycle Royal Commission
The South Australian Government established the Nuclear
Fuel Cycle Royal Commission on 19 March 2015, and the final report
was publicly released on 9 May 2016. The terms
of reference included consideration of nuclear energy generation, as well
as nuclear ore mining and processing, nuclear waste management and other
elements of the nuclear fuel cycle.
The royal commission’s final report made 12 recommendations
for the South Australian Government, including 3 related to nuclear energy (p. 169):
8. pursue removal at the federal level of existing
prohibitions on nuclear power generation to allow it to contribute to a low-carbon
electricity system, if required
9. promote and collaborate on the development of a comprehensive
national energy policy that enables all technologies, including nuclear, to
contribute to a reliable, low-carbon electricity network at the lowest possible
system cost
10. collaborate with the Australian Government to commission
expert monitoring and reporting on the commercialisation of new nuclear reactor
designs that may offer economic value for nuclear power generation
The South Australian Labor Government responded to the commission in November 2016. It
supported 9 of the 12 recommendations (including Recommendations 9 and 10), but
did not support Recommendation 8, noting that ‘nuclear power in the short to
medium term is not a cost‑effective source of low-carbon electricity for
South Australia and, as such, pursuing the removal of Commonwealth legislative
prohibitions cannot be justified’ (p. 15).
2019 Parliamentary inquiry into the
prerequisites for nuclear energy in Australia
Following a referral from the then Minister for Energy and Emissions
Reduction, Angus Taylor, the House of Representatives Standing Committee on the
Environment and Energy resolved to conduct an inquiry
into the prerequisites for nuclear energy in Australia on 6 August 2019.
The terms
of reference for the inquiry were broad and included all matters related to
nuclear energy. The final report, Not without
your approval: a way forward for nuclear technology in Australia, was tabled
on 13 December 2019.
The committee made 3 multi-part recommendations in the
report. Recommendation 1 includes ‘that the Australian Government consider the
prospect of nuclear energy technology as part of its future energy mix’
(p. xi), and Recommendation 3 includes ‘that the Australian Government
allow partial and conditional consideration of nuclear energy technology’, by
lifting the moratorium on nuclear energy in relation to Generation III+ and IV
reactors while keeping the moratorium on earlier generation reactors (p. xiii).
The inquiry also produced 2 dissenting reports, one from Labor
MPs (pp. 55–73) and one from
Independent MP Zali Steggall (pp. 75–93).
At the time of writing this Quick Guide, a government
response has not been tabled.
2019–20 New South Wales inquiry
into the Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019
The Uranium
Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 (NSW)
was a Private Member’s Bill introduced by One Nation MLC Mark Latham in the
Parliament of NSW on 6 June 2019. The intent of the Bill was to
repeal the Uranium
Mining and Nuclear Facilities (Prohibitions) Act 1986 (NSW). The
Bill was referred
to the Standing Committee on State Development on 6 June 2019, and the
final
report was tabled on 4 March 2020.
The committee made 9
recommendations in the report, including (p. xii):
Recommendation 6 – That the NSW Government supports the
repeal of the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 in
its entirety.
Recommendation 7 – That the NSW Government pursues the repeal
of the Commonwealth prohibitions on nuclear facilities by making
representations to the Commonwealth Minister with portfolio responsibility for
the relevant legislation.
Recommendation 8 – That the Legislative Council proceed with
debate on the bill, having regard to the findings and recommendations contained
in this report.
The report includes a
dissenting statement from Labor MLCs (pp. 149–150).
The Coalition NSW Government issued a
response to the report on 4 September 2020. It supported or supported in
principle all the recommendations in the report except Recommendation 6,
which was noted, and Recommendation 8, which was not supported, stating ‘[i]f
the NSW Government decides to amend the Uranium Mining and Nuclear
Facilities (Prohibitions) Act 1986, it will introduce its own legislation
to do so’ (p. 4). The Bill failed to progress and lapsed on prorogation on
27 February 2023.
2019–20 Victoria inquiry into
nuclear prohibition
On 14 August 2019, the Victorian Legislative Council agreed
to a motion for the Environment and Planning Committee to inquire
into the potential benefits to Victoria in removing prohibitions enacted by
the Nuclear
Activities (Prohibitions) Act 1983 (Vic). The final report, Inquiry
into nuclear prohibition, was tabled on 26 November 2020.
The report did not make any recommendations but made 12 key
findings, including (pp. 84, 106):
Finding 6 – Discussion about Victorian participation in the
nuclear fuel cycle is entirely theoretical while the Commonwealth prohibitions
remain in place
Finding 7 – Until there is a change in the Commonwealth
position, detailed discussions about emerging technologies in Victoria related
to the nuclear fuel cycle and power generation are unlikely to advance.
The inquiry produced 3 minority reports; one by Shooters,
Farmers and Fishers MLC Jeff Bourman (p. 242 of pdf), one by Liberal and
Liberal Democrat MLCs (pp. 243–246 of pdf), and one by Labor MLC Nina
Taylor (pp. 247–256 of pdf).
As the committee made no recommendations, no
government response is required.
2022–23 Parliamentary inquiry into
the Environment and Other Legislation Amendment (Removing Nuclear Energy
Prohibitions) Bill 2022
The Environment
and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2022
(Cth) is a Private Senator’s Bill introduced
on 28 September 2022 by Senator Matthew Canavan, and co-sponsored by 8 other
Coalition senators. The intent of the Bill is to amend the Environment
Protection and Biodiversity Conservation Act 1999 and the Australian
Radiation Protection and Nuclear Safety Act 1998 to remove the
prohibition on nuclear installations.
The Senate referred
the Bill to the Environment and Communications Legislation Committee on
27 October 2022, and the committee’s final
report was tabled on 11 August 2023. The committee recommended that the
Bill not be passed (p. 74 of pdf).
Coalition senators provided a dissenting report (pp. 75–95).
The Bill remains before the Senate and, unless it progresses
further, will lapse at the prorogation of the current 47th Parliament.
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