Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management National Report from the Commonwealth of Australia October 2008

Article 5 Existing facilities

Review of safety assessment of spent fuel management facility

As previously reported, Commonwealth government legislation and ARPANSA’s licensing system require that appropriate steps be taken to review the safety of any existing spent fuel management facility and to ensure that all reasonably practical improvements are made to upgrade facility safety. As part of its regulatory activities, ARPANSA routinely inspects the Fuel Management facilities at ANSTO. In addition, the safety of these facilities is reviewed through ANSTO’s internal review processes including inspections, evaluation of performance and criticality certification systems. The safety of the spent fuel facilities is assessed at a regular interval and the safety analysis reports for these facilities are updated accordingly.

Assessment of compliance

The Australian operator and regulator have demonstrated compliance with this article by ensuring through both legislative and internal means that the safety of spent fuel management facilities is assessed on a regular basis.

Article 6 Siting of proposed facilities

The Commonwealth government is the only jurisdiction with facilities related to the management of spent fuel.

Evaluation of site related factors

Commonwealth government environment legislation (Environment Protection and Biodiversity Conservation Act 1999 (Cth)) requires that any proposed facility that is characterised as a nuclear action be referred to the Minister for the Environment who determines whether an approval is needed and on the form of assessment. ARPANS legislation requires that the assessment of the environmental impact be taken into account by the CEO of ARPANSA in deciding whether to issue a facility licence authorising the preparation of a site.

Evaluation of safety on individuals, the public and the environment

Under Commonwealth government legislation, establishment of a new spent fuel management facility for the storage of spent fuel, is not regarded as a ‘nuclear action’, and therefore would not trigger the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Under the ARPANS Act, the storage of spent fuel would require a facility licence and the application for a licence must include an assessment of the impact of the facility on the safety of people and the environment.

Provision of information to the public

In accordance with Regulation 40, under the Australian Radiation Protection and Nuclear Safety Regulations 1999, the Commonwealth government regulatory body, the Australian Radiation Protection and Nuclear Safety Agency, is required to invite public submissions on any application involving a nuclear installation. Paragraph 41(3)(g) of the Regulations requires the CEO of ARPANSA to take into account the content of any public submissions in deciding whether or not to issue a facility licence that authorises conduct in relation to a nuclear installation.

In the past, public submissions have been invited as part of assessing the application for a licence to prepare a site for, to construct and a licence to operate the Australian Nuclear Science and Technology Organisation’s OPAL research reactor¹¹, including its spent fuel management facilities.

Consultation with other jurisdictions

State and Territory jurisdictions within which a spent fuel management facility would be located are consulted as part of the public consultation process undertaken as part of the environmental approval process and the regulatory licensing process.

Avoiding unacceptable effects on other jurisdictions

It is not foreseen that Australian spent fuel management facilities would have impacts on other Contracting Parties.

Assessment of compliance

Australia has appropriate legislative and regulatory measures in place to ensure proper evaluation of sites for spent fuel management facilities and the meaningful engagement of the public in the decision making in relation to siting.

Article 7 Design and construction of facilities

Arrangements for limiting radiological impacts

Commonwealth government legislation and ARPANSA’s licensing system require that the design and construction of a spent fuel management facility incorporate suitable measures to limit radiological impacts on individuals, society and the environment, including those from discharges or uncontrolled releases.

Plans and provisions for decommissioning

At the design stage, plans and other provisions for decommissioning of a facility are only in the preliminary stages of development and are revised and updated as the facility moves through the licensing stages.

Validation of technologies used

The technologies incorporated in the design and construction of a spent fuel management facility must be supported by proven design, experience, testing and analysis.

Assessment of compliance

Australia has appropriate legislative and regulatory measures in place to ensure proper assessment of the construction of spent fuel management facilities.

Article 8 Assessment of safety of facilities

Safety and environmental assessment requirements

Commonwealth government legislation and ARPANSA’s licensing system require that, before construction of a spent fuel management facility, a systematic safety assessment and an environmental assessment appropriate to the hazard presented by the facility, and covering its operating lifetime, must be carried out.

Status of safety and environmental assessments

Before operation of a spent fuel management facility, updated and detailed versions of the safety and environmental assessments must be prepared. As noted above, the safety and environmental impact of OPAL’s spent fuel management facilities was subject to examination during the licence processes¹².

Assessment of compliance

Australia has appropriate legislative and regulatory measures in place to ensure proper assessment of the construction of spent fuel management facilities.