Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology - Signed 18 May 2016, Ulaanbaatar
3.1
The Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology (the proposed Agreement) was signed on 18 May 2016 in Ulaanbaatar and tabled in the Parliament on 8 February 2017.
3.2
The proposed Agreement is a replacement for the 1987 Agreement of the same name (the 1987Agreement) which will expire in June 2017. Australia is an original signatory to the 1987 Agreement.
3.3
The 1987 Agreement is an intergovernmental agreement for the Asia and Pacific region, under the auspices of the International Atomic Energy Agency (IAEA). The Agreement facilitates cooperation between parties in research, development and training projects in nuclear science and technology through their appropriate national institutions.
3.4
The proposed Agreement has the same intent and purpose as the 1987 Agreement. However, unlike the 1987 Agreement, the proposed Agreement is of unlimited duration.
3.5
This chapter will first provide an overview of the projects of the 1987 Agreement and consider Australia’s contribution to nuclear research cooperation in the region. The chapter will then examine the changes incorporated into the proposed Agreement in detail, before presenting the committee’s conclusions and recommendation.
Background
3.6
Regional Co-operative Agreements (RCAs) are implemented under the umbrella of the IAEA Technical Co–operation Programme. Australia is a designated member of the IAEA Board of Governors. Australia is the only board member without a civil nuclear power program.
3.7
The 1987 Agreement is administered by an office in South Korea. Annual meetings of the parties identify a program of projects for the following year. Administration of the program involves collecting contributions from the Parties to the Agreement and distributing these funds to the annual program of projects.
3.8
The other Parties to the 1987 Agreement are: Bangladesh, Cambodia, China, Fiji, India, Laos, Indonesia, Japan, Republic of Korea, Malaysia, Mongolia, Myanmar, Nepal, New Zealand, Pakistan, Palau, Philippines, Singapore, Sri Lanka, Thailand and Vietnam.
Overview
Regional cooperation under the 1987 Agreement
3.9
The 1987 Agreement facilitates Australian technical and political cooperation with 21 regional countries on nuclear science and technology matters.
3.10
The 2015 Annual Report of the 1987 Agreement identifies the following cooperative projects undertaken in the 2015 calendar year:
15 regional training courses with 360 participants;
13 expert missions to provide technical assistance to participating countries;
19 ‘home based’ projects;
a meeting of national representatives; and
an Annual General Meeting.
3.11
Projects undertaken under the 1987 Agreement have had both a medical and environmental focus. The Australian Nuclear Science and Technology Organisation (ANSTO) provided the Committee with examples of recent projects:
Projects over the last 45 years have included solving problems relating to declining soil and water quality caused by inappropriate land use—this project particularly assisted developing countries in improving their agricultural production—and online distance education training for medical practitioners to improve nuclear medicine, radiation oncology and medicals physics services.
3.12
In their submissions to the Committee, individual experts explained various projects in which they had been involved. For example, Professor Chengdao Li from Murdoch University’s Western Barely Genetics Alliance had been involved in three projects:
pyramiding of mutated genes contributing to crop quality and resistance to stress affecting quality;
supporting mutation breeding approaches to develop new crop varieties adaptable to climate change; and
promotion of the application of mutation techniques and related biotechnologies for the development of green crop varieties (current).
3.13
Other projects facilitated under the auspices of the 1985 Agreement have focussed on areas of radiotherapy and medical physics. Dr Hegi-Johnson highlighted Australia’s role in assisting our neighbours to implement Stereotactic Body Radiation Therapy (SBRT) for cancer treatment:
Australia is also a designated regional training hub… and is committed to providing training and support for the safe and effective implementation of SBRT in the Asia Pacific region. As part of the commitment, Australia provides a network for research, training and collaboration between the regional training hubs and other international centres.
3.14
Dr Donald McLean outlined Australia’s leadership in providing distance learning courses for medical physics. Dr McLean highlighted how this cooperation has improved medical physics training in the region:
RCA regional projects have been involved in the strengthening of post graduate education courses in a number of government parties, including Indonesia, Malaysia, Philippines, Pakistan and Sri Lanka, a number including direct review or advice from Australian academic in their field. A good example of impact can be found with Indonesia where that standard and growth of [Master of Science] medical physics training has improved remarkably in the last 12 years.
3.15
According to ANSTO, Australia participates in 13 of the 14 current projects under the 1987 Agreement.
The Agreement
3.16
Australia’s obligations under the proposed Agreement are largely unchanged from the 1987 Agreement. The proposed Agreement provides for continued participation in international collaborative projects and the extension of Australia’s capacity in nuclear technologies.
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However, there are two central changes incorporated into the proposed Agreement. First, unlike the 1987 RCA, the proposed Agreement has no date of termination or review. Parties have the opportunity to opt out at any point. This is in contrast to the 1987 Agreement which had to be reviewed and extended every five years.
3.18
In their submission to the Committee, the Australian Conservation Foundation (ACF) highlighted their concern over the indefinite duration of the proposed Agreement:
ACF believes this blank check approach is not consistent with the practice of periodic review and continual improvement. Accordingly, any nuclear cooperation agreement should have a defined duration and include regulation, formal and transparent reviews.
3.19
Secondly, the membership process under the proposed Agreement differs from the 1987 Agreement. Countries not previously party to the existing Agreement or its extension agreements may become party to the proposed Agreement only with the agreement of all current parties to the proposed Agreement.
Contributions
3.20
Articles V(3) and VIII(1) of the proposed Agreement will permit Australia the option of contributing financially or ‘in-kind’ to cooperative projects.
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The NIA states that Australia’s financial contributions to current projects are assessed on a case–by–case basis and provided for through normal budgetary processes.
3.22
Australia's contributions ‘in-kind’ are given through:
the placement of fellowship recipients and scientific visitors in Australia for study and training;
the provision of courses and experts to provide assistance to the IAEA or to individual parties; and
the hosting of meetings sponsored by the IAEA.
3.23
These costs are met by relevant agencies from their existing resources.
3.24
ANSTO highlighted that funding for the existing Agreement came from payments made to the IAEA and in–kind contributions. They further outlined Australia contribution to the projects:
The money for RCA projects comes from the IAEA… Technical Co-operation Fund. Australia contributes to that, and then a small amount of that goes into the RCA. In terms of the RCA directly, we contribute in kind … but we do not make a cash contribution.
Reasons for taking proposed treaty action
3.25
The NIA asserts that the proposed Agreement will allow Australia to continue to participate in international collaborative projects, and maintain and extend Australia’s capacity in nuclear technologies.
3.26
At a public hearing, ANSTO stated the cooperation has had a positive effect on Australia’s relationships in the region, with significant political benefits for Australia:
We have, as a result of RCA, fairly strong links with our Indonesian counterpart agency, our Malaysian counterpart agency, our Vietnamese counterpart agency and our Japanese counterpart agency, and they all feed into strengthening the bilateral relationship.
3.27
However, in response to questions from the Committee on whether Australia was a net contributor or beneficiary of the existing Agreement, ANSTO highlighted Australia’s contributor status:
I think we are probably a net contributor. Certainly, some of our medical people go to RCA courses for training—because we are not a developing country, we are not eligible to receive assistance from the IAEA.
3.28
Nonetheless, Australia’s established role and research facilities has allowed it to be an attractive option for experts that would in the past have moved overseas. ANSTO provided an example:
We recently had an Australia post-doc who was overseas for six years. She came back to our laboratory to work with us because she sees that we play a massive role in the region. That is not only the South-East Asian region, it is the Pacific and it is the Southern Ocean. She was quite happy to come back to Australia.
3.29
The proposed Agreement also provides an avenue for Australia to fulfil the technical requirements of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). According to the NIA, Australia’s participation has helped the immediate region remain nuclear weapon free for over 40 years.
3.30
Specifically, Article IV of the NPT requires Parties to ‘...facilitate… the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy.’
3.31
The NIA asserts that non-acceptance of the proposed Agreement would inhibit Australia’s standing in international nuclear arms control fora at a time where significant expansion of nuclear power is underway or being considered in the region.
Implementation
3.32
No new legislation is required to implement the proposed Agreement. Activities of the proposed Agreement are part of the existing functions of ANSTO, as outlined in section 5 of the Australian Nuclear Science and Technology Act 1987.
Committee comment
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The Committee’s inquiry attracted a number of submissions from individuals and organisations. Most of the submissions provided examples of involvement with previous or current RCA projects, and did not provide specific comment on the changes of the proposed Agreement.
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The Committee notes the involvement of Australian experts in RCA projects which have contributed to the environmental and medical development of partners in our region.
3.35
The Committee supports the proposed Agreement and recommends that binding treaty action be taken.
3.36
The Committee supports the Regional Co-operation Agreement for Research, Development and Training Related to Nuclear Science and Technology and recommends that binding treaty action be taken.