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Annual Regulatory Plan - Australian Safeguards and Non Proliferation Office, 2009-10

Planned regulatory change

Requirement to include uranium or thorium mines as a facility

Description of issue

The Nuclear Non-Proliferation (Safeguards) Act 1987 ( the "Safeguards Act") is proposed to be amended so that permits to establish a facility or to decommission the whole or part of a facility will apply also to uranium and thorium mining operations. The amendment will enable ASNO to apply safeguards to uranium and thorium mining activities throughout their lifecycle. The permit to establish a mining facility would require mining companies to provide rights of access to site by inspectors to verify the commissioning status, broad information on the construction phases, and would foreshadow the nuclear material accountancy and security requirements needed when production commences. For permits to decommission, mine operators would be required to provide decommissioning schedules, progress reports and site access to verify the status of decommissioning. The amendment would also facilitate reporting to, and access by, the International Atomic Energy Agency (IAEA) as required under the Additional Protocol to Australia's Comprehensive Safeguards Agreement with the International Atomic Energy Agency.

The proposed change will impact only on mining companies seeking to establish new mines, and existing mines when these cease production and are decommissioned.

Consultation opportunities

The proposed change will impact on a small number of mining companies either establishing or decommissioning mines to produce uranium or thorium. It will not affect other businesses or Government agencies in Australia. Consultations have been conducted with the Australian Uranium Association (AUA), the advocacy body that represents the uranium industry. The AUA supported the proposed amendment and consultation with existing uranium miners is ongoing.

In addition, a preliminary self-assessment indicates that a Regulation Impact Statement is not required as there is no net impact on business, since material accountancy, physical protection, access and reporting requirements will not fundamentally change.

Expected timetable

The amendment to the Safeguards Act is expected in 2010.

Date last modified

4 August 2009.

Contact details

Dr Stephan Bayer, Director, Nuclear Accountancy and Control,

Australian Safeguards and Non-Proliferation Office

Tel: (02) 6261 1909 |
Fax: (02) 6261 1908

e-mail: asno@dfat.gov.au

Last Updated: 24 September 2014
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