Environment and Other Legislation Amendment (Low Emissions Future) Bill 2025

High-Level Summary

The Environment and Other Legislation Amendment (Low Emissions Future) Bill 2025 repeals Australia’s blanket bans on nuclear energy by removing prohibitions in key environment and radiation safety laws and amends renewable energy and finance statutes to allow government agencies to support and invest in nuclear technology as a low-emissions option.

It enables the consideration of nuclear power on its merits alongside other clean-energy sources to help meet Australia’s Paris Agreement commitments.


Summary

This Bill amends four principal Acts to lift Australia’s moratorium on nuclear energy and integrate nuclear technologies into federal clean-energy programs:

  • Australian Radiation Protection and Nuclear Safety Act 1998: Repeals section 10, removing the prohibition on constructing or operating nuclear fuel fabrication plants, enrichment plants, reprocessing facilities and power reactors.
  • Environment Protection and Biodiversity Conservation Act 1999: Repeals sections 37J, 140A, 146M, paragraph 305(2)(d) and subsection 305(2A), eliminating blanket bans on Ministerial declarations, approvals or conservation agreements involving nuclear installations.
    Despite repeal, nuclear actions remain subject to the EPBC Act’s "controlled actions" approval process.
  • Australian Renewable Energy Agency Act 2011: Amendments (items 2–12) expand ARENA’s objects and functions to include “clean emissions energy technologies” (defined to cover civil nuclear energy and related technologies), update its financial-assistance powers, information-sharing role and allow board appointments of those with nuclear expertise.
  • Clean Energy Finance Corporation Act 2012: Repeals section 62, removing “nuclear technology” and “nuclear power” from the CEFC’s list of prohibited technologies, enabling potential CEFC investment in nuclear projects.

All measures commence the day after Royal Assent.


Argument For
Normative Bases
  1. Environmentalism
  2. Utilitarian Ground Truth

Meeting Climate Targets
Nuclear energy is a low-emissions, dispatchable power source that can complement intermittent renewables and accelerate Australia’s progress toward the Paris Agreement goals. The International Energy Agency has stated that expanding nuclear capacity is essential to keep global warming below 1.5°C [Judgment]. By removing ideological bans, Australia can pursue the most effective mix of technologies to drive deep decarbonisation.

Innovation and Investment
Amending the ARENA and CEFC statutes to include nuclear allows federal agencies to fund research, demonstration and deployment of advanced reactors and fuel cycles. This will stimulate private-sector investment, create high-skilled jobs and bolster Australia’s technology export potential in a growing global market.

Energy Security and Reliability
Base-load nuclear plants provide continuous power regardless of weather conditions, reducing grid instability and the risk of blackouts. A diversified energy portfolio that includes nuclear strengthens national resilience to supply shocks and price volatility.

Policy Neutrality and Evidence-Based Decision-Making
Lifting the moratorium restores the principle that energy sources should be assessed on safety, cost and emissions performance rather than excluded by outdated ideology. This Bill promotes transparent, merit-based policymaking to deliver reliable, affordable and low-carbon power.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Environmentalism

High Costs and Long Lead Times
Even if nuclear power reduces emissions, its capital intensity, extended planning and construction periods (often exceeding a decade) make it an impractical solution for near-term climate goals. Investing in proven, rapidly deployable renewables and storage offers a faster, more cost-effective path to decarbonisation [Judgment].

Waste and Safety Concerns
Nuclear energy generates radioactive waste that remains hazardous for millennia, posing long-term environmental and security risks. Australia lacks an established permanent disposal facility, and transporting spent fuel raises proliferation and accident concerns.

Opportunity Cost
Directing public research and finance toward nuclear could crowd out investment in solar, wind, batteries and demand-management technologies, which have demonstrated sharp cost declines and scalability. Redirecting limited taxpayer and CEFC funds to nuclear may slow the momentum of mature renewable industries.

Social License and Democratic Accountability
Significant public opposition exists to nuclear facilities in many Australian communities. Removing statutory bans without widespread consent risks eroding trust in government decision-making and exacerbating conflicts over siting, regulation and safety oversight.


Date:

2025-10-29

Chamber:

Senate

Status:

Before Senate

Sponsor:

HUME, Sen Jane

Portfolio:

Unspecified

Categories:

Climate Change / Environment, Energy Policy, Science / Technology

Timeline:
29/10/2025

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