The "Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2026" proposes to repeal specific sections of two key federal Acts that currently impose a blanket prohibition on certain nuclear energy activities. [Explanatory Memorandum page 2]
Specifically, the Bill removes provisions in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that prevent the Minister for Environment and Water from declaring, approving, or considering actions related to the construction or operation of nuclear fuel fabrication plants, nuclear power plants, enrichment plants, or reprocessing facilities (sections 37J, 140A, 146M, and paragraph 305(2)(d)). [Explanatory Memorandum page 2] It also repeals section 10 of the Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act), which similarly prohibits the construction or operation of certain nuclear facilities. [Explanatory Memorandum page 2]
The Explanatory Memorandum clarifies that while these blanket prohibitions are removed, other existing regulatory frameworks will remain in place. For instance, the general provisions of the EPBC Act for environmental assessment of any proposed facility will still apply. [Explanatory Memorandum page 2] State and territory governments will retain their powers to protect their citizens and the environment from potential adverse radiation impacts. [Explanatory Memorandum page 2] Furthermore, the power vested in the Minister for Foreign Affairs to determine whether or not to issue a permit under the Nuclear Non-Proliferation (Safeguards) Act 1987 for such a proposed facility remains unaffected. [Explanatory Memorandum page 2] This means the Bill facilitates the future consideration of nuclear energy projects in Australia rather than providing immediate approval for their development.
This Bill removes outdated and prescriptive legislative barriers that currently prevent Australia from even considering nuclear energy as part of its future energy mix. Nuclear energy offers a reliable, low-carbon source of baseload power, crucial for meeting ambitious emissions reduction targets and ensuring energy security [Judgment]. The existing blanket prohibitions stifle innovation and prevent a comprehensive, evidence-based discussion about Australia's energy future. Removing these prohibitions would allow for the rigorous assessment of nuclear projects under existing environmental and safety regulations, ensuring any development meets the highest standards while allowing Australia to explore all avenues for decarbonisation.
From the explanatory memo:
The repeal of section 10 does not affect the ability of the Minister and Australian Radiation Protection and Nuclear Safety Agency to ensure those protections remain in place. [Explanatory Memorandum page 3]This indicates that safety concerns, while valid, are addressed by existing regulatory bodies, and the blanket ban is an unnecessary pre-emption of thorough assessment.
Furthermore, by re-opening the door to nuclear energy, Australia can enhance its national prestige and influence in global energy and climate discussions. As a nation with significant uranium resources, a domestic nuclear industry could position Australia as a leader in advanced nuclear technologies, fostering research, development, and high-tech job creation [Judgment]. This move aligns Australia with many other developed nations that successfully integrate nuclear power into their energy strategies, demonstrating a pragmatic and forward-thinking approach to national energy independence and environmental stewardship.
While the Bill is presented as merely removing prohibitions, it fundamentally shifts Australia's stance on nuclear energy, signalling a potential future where nuclear facilities could be built. The long-standing prohibitions were put in place due to significant environmental, safety, and economic concerns associated with nuclear power, including the risks of radioactive waste, potential for accidents, and the enormous costs and lengthy construction times of nuclear power plants [Judgment]. Removing these prohibitions without a comprehensive national debate and robust new regulatory frameworks specifically designed for a modern nuclear industry is premature and potentially reckless.
The explanatory memo states that existing elements of the EPBC Act and state/territory powers for environmental protection remain. However, these are general frameworks and may not be sufficient for the unique and complex challenges posed by nuclear facilities. From the explanatory memo:
The other elements of the Environment Protection and Biodiversity Conservation Act 1999, pursuant to which the Minister would assess any application to establish a facility previously named in the repealed provisions [remain unaffected]. [Explanatory Memorandum page 2]While true, relying on generic environmental assessments for facilities with such a significant risk profile may not adequately safeguard the environment or public health [Judgment].
Furthermore, investing in nuclear energy could divert resources and attention away from more readily available, cheaper, and safer renewable energy technologies, which can be deployed much faster to address climate change [Judgment]. Given the advancements and cost reductions in solar, wind, and battery storage, pursuing nuclear power, even at the exploratory stage, might be an economically suboptimal path for Australia's energy transition.
2026-02-04
Senate
Before Senate
CANAVAN, Sen Matthew
Unspecified
Energy Policy, Climate Change / Environment, Science / Technology