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Client Update: Energy – 1 March 2007
Queensland bans nuclear facilities
In brief: The
Queensland Government has legislated to ban the construction or operation of
nuclear facilities in the state. As Partner Ken MacDonald (view CV) and Lawyer John
Hedge report, this was prompted by the Federal Government's moves to consider the
use of nuclear energy to help meet Australia's future energy needs.
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How does it affect you?
- The legislation prohibits construction or
operation of nuclear reactors, nuclear waste storage sites and other
nuclear facilities in Queensland.
- The legislation does not prohibit uranium mining or exploration, but
also does not alter the Queensland Government's current policy of not
allowing uranium mining.
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The Nuclear Facilities Prohibition Act 2007 (Qld) (the
Act) is a reaction to the recent report by the Uranium
Mining, Processing and Nuclear Energy Review Task Force (Uranium Mining, Processing and Nuclear Energy – Opportunities
for Australia?),
commissioned
by the Commonwealth Government, which made key findings including:
- increased uranium mining and involvement in downstream
steps of uranium conversion, enrichment and fuel fabrication could add
significant value to the Australian economy;
- in one scenario, 25 nuclear reactors could be
producing about a third of Australia's electricity by 2050; and
- Australia has areas that are suitable for nuclear waste
repositories.
The Act prohibits the construction or operation of nuclear facilities, which
include nuclear reactors, nuclear fuel enrichment facilities and reprocessing
plants, and nuclear waste storage or disposal facilities. The Act prevents
development approvals and mining tenements from authorising the construction or
operation of nuclear facilities and prevents electricity generating authorities
from authorising the connection to the electricity grid of nuclear reactors.
There are exceptions for storage or disposal of radioactive waste material
resulting from the use of nuclear material for research or medical purposes,
other purposes authorised under the Radiation Safety Act 1999 (Qld), or
the operation of a nuclear-powered vessel.
The Act provides various enforcement mechanisms for preventing or remedying
activities conducted in breach of the ban, including restoration and
rehabilitation orders.
Exploration and mining for uranium are not prohibited by the Act. However,
the Act does not alter the Queensland Government's current policy of not
allowing uranium mining, although that stance may change, depending on the
outcome of the Australian Labor Party's national conference in April 2007.
There has been conjecture that, if it desired, the Federal Government could
overturn Queensland's prohibition laws and similar legislation in New South
Wales and Victoria (both of which also extend to prohibiting uranium exploration
and mining) by enacting inconsistent Commonwealth legislation supported by other
constitutional heads of power (such as the power to make laws in relation to
trading and financial corporations).
However, the Act also provides that if the relevant Minister is satisfied
that the Federal Government has taken, or is likely to take, any step supporting
or allowing the construction of a prohibited nuclear facility in Queensland, a
plebiscite or referendum regarding the construction of a prohibited nuclear
facility may be held. While even an overwhelming vote against a proposed
facility would not prevent the law being overturned, it may make doing so a very
difficult political decision for the Federal Government.
For further information, please contact:
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24/07/08
Detailed analysis of Green Paper on emissions trading scheme design |
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16/07/08
Green Paper on Carbon Pollution Reduction Scheme released |
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11/07/08
Expanded Renewable Energy Target Scheme |
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