Part 1—Preliminary
1 Name
This instrument is the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2018.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | 8 December 2018 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
(1) In this instrument:
Act means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.
ARPANS Act means the Australian Radiation Protection and Nuclear Safety Act 1998.
ARPANS Regulations means the Australian Radiation Protection and Nuclear Safety Regulations 2018.
(2) An expression used in this instrument that is defined in the ARPANS Act or the ARPANS Regulations has the same meaning in this instrument as it has in that Act or those regulations.
Part 2—Annual charge for facility licences
Division 1—Introduction
6 Charge for a financial year for a facility licence
For the purposes of subsection 4(2) of the Act, this Part prescribes the amount of the charge for a financial year for a facility licence.
Note 1: Division 5 prescribes the total charge for a financial year for all facility licences held in certain names, and has effect despite Divisions 2, 3 and 4.
Note 2: Division 7 of Part 5 of the ARPANS Regulations provides for the time for payment of the annual charge, pro‑rating and refunds.
Division 2—Facility licences for nuclear installations
7 Facility licences for nuclear installations
The amount of the charge for a financial year for a facility licence authorising an act relating to a controlled facility described in an item of the following table is the amount set out in the item.
Annual charges for facility licences for nuclear installations |
| Act authorised by licence | Amount ($) |
1 | Preparing a site for a nuclear reactor designed: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power less than 1 megawatt | 26,375 |
2 | Constructing a nuclear reactor designed: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power less than 1 megawatt | 65,944 |
3 | Possessing or controlling a nuclear reactor: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power less than 1 megawatt | 26,375 |
4 | Operating a nuclear reactor: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power less than 1 megawatt | 131,892 |
5 | Decommissioning, disposing of or abandoning a nuclear reactor that: (a) was used for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) had maximum thermal power less than 1 megawatt | 65,944 |
6 | Preparing a site for a nuclear reactor designed: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power at least 1 megawatt | 52,756 |
7 | Constructing a nuclear reactor designed: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) to have maximum thermal power at least 1 megawatt | 131,892 |
8 | Possessing or controlling a nuclear reactor: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power at least 1 megawatt | 131,892 |
9 | Operating a nuclear reactor: (a) for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) with maximum thermal power at least 1 megawatt | 1,015,569 |
10 | Decommissioning, disposing of or abandoning a nuclear reactor that: (a) was used for research or production of radioactive materials for industrial or medical use (including critical and subcritical assemblies); and (b) had maximum thermal power at least 1 megawatt | 263,784 |
11 | Preparing a site for a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9 | 13,187 |
12 | Constructing a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9 | 26,375 |
13 | Possessing or controlling a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9 | 13,187 |
14 | Operating a plant for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 9 | 65,944 |
15 | Decommissioning, disposing of or abandoning a plant that was used for preparing or storing fuel for use in a nuclear reactor described in any of items 1 to 10 | 26,375 |
16 | Preparing a site for: (a) a radioactive waste storage facility designed to contain controlled materials with an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or (b) a radioactive waste disposal facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations | 13,187 |
17 | Constructing: (a) a radioactive waste storage facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or (b) a radioactive waste disposal facility designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations | 26,375 |
18 | Possessing or controlling: (a) a radioactive waste storage facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or (b) a radioactive waste disposal facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations | 13,187 |
19 | Operating: (a) a radioactive waste storage facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or (b) a radioactive waste disposal facility containing controlled materials that has an activity greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations | 65,944 |
20 | Decommissioning, disposing of or abandoning: (a) a radioactive waste storage facility that contained controlled materials and had an activity greater than the applicable activity level prescribed by section 10 of the ARPANS Regulations; or (b) a radioactive waste disposal facility that contained controlled materials and had an activity that was greater than the applicable activity level prescribed by section 11 of the ARPANS Regulations | 26,375 |
21 | Preparing a site for a facility to produce radioisotopes that is designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations | 26,375 |
22 | Constructing a facility to produce radioisotopes that is designed to contain controlled materials and have an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations | 65,944 |
23 | Possessing or controlling a facility producing radioisotopes and containing controlled materials that has an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations | 26,375 |
24 | Operating a facility producing radioisotopes and containing controlled materials that has an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations | 105,512 |
25 | Decommissioning, disposing of or abandoning a facility that formerly produced radioisotopes and contained controlled materials and had an activity greater than the applicable activity level prescribed by section 12 of the ARPANS Regulations | 65,944 |
Division 3—Facility licences for prescribed radiation facilities
8 Facility licences for prescribed radiation facilities
(1) The charge for a financial year for a facility licence authorising:
(a) an act mentioned in paragraph 30(1)(a), (b), (c), (d) or (e) of the ARPANS Act relating to a prescribed radiation facility described in an item of the table in subsection (2); or
(b) an act described in an item of the table in subsection (3);
is the amount set out in that item. However, the charge is the amount set out in the item of the table in subsection (3) if the act to be authorised by the licence is described in both paragraphs (a) and (b) of this subsection.
Charge for prescribed radiation facilities (except ones formerly used for weapons tests or radioactive ores)
(2) For the purposes of paragraph (1)(a), the table is as follows:
Annual charges for prescribed radiation facilities not formerly used for weapons tests or radioactive ores |
| Kind of prescribed radiation facility | Amount ($) |
1 | Particle accelerator that: (a) has, or is capable of having, a beam energy greater than 1 MeV; or (b) can produce neutrons | 13,563 |
2 | Irradiator containing more than 1015 Bq of a controlled material | 13,563 |
3 | Irradiator: (a) containing more than 1013 Bq of a controlled material; and (b) either: (i) not including shielding as an integral part of its construction; or (ii) including as an integral part of its construction shielding that does not prevent a person from being exposed to the source or does not shield a source during the operation of the irradiator | 13,563 |
4 | Facility for the production, processing, use, storage, management or disposal of: (a) unsealed sources for which the result of the activity value division steps is greater than 106; or (b) sealed sources for which the result of the activity value division steps is greater than 109 | 27,130 |
Note: For the activity value division steps, see section 4 of the ARPANS Regulations (and subsection 5(2) of this instrument).
Charge for prescribed radiation facilities formerly used for weapons tests or radioactive ores
(3) For the purposes of paragraph (1)(b), the table is as follows:
Annual charges for prescribed radiation facilities formerly used for weapons tests or radioactive ores |
| Act authorised by licence | Amount ($) |
1 | Decommissioning a prescribed radiation facility formerly used as a nuclear or atomic weapon test site | 45,217 |
2 | Disposing of or abandoning a prescribed radiation facility formerly used as a nuclear or atomic weapon test site | 30,144 |
3 | Decommissioning a prescribed radiation facility formerly used for mining, processing, using, storing, managing or disposing of radioactive ores | 45,217 |
4 | Disposing of or abandoning a prescribed radiation facility formerly used for mining, processing, using, storing, managing or disposing of radioactive ores | 30,144 |
Fee for application for one licence to authorise 2 or more acts
(4) Despite subsection (1), the charge for a financial year for a facility licence authorising 2 or more acts described in paragraph (1)(a) or (b) is the sum of the amounts of the charge under that subsection for separate licences for each of those acts.
Division 4—Facility licences for prescribed legacy sites
9 Facility licences for prescribed legacy sites
The amount of the charge for a financial year for a facility licence authorising an act relating to a controlled facility described in an item of the following table is the amount set out in the item.
Annual charges for facility licences for prescribed legacy sites |
| Act authorised by licence | Amount ($) |
1 | Possessing or controlling a prescribed legacy site | 14,573 |
2 | Remediating a prescribed legacy site | 220,155 |
3 | Abandoning a prescribed legacy site | 29,352 |
Division 5—Facility licences of certain holders
10 Annual charge for all facility licences held in certain names
(1) The amount of the charge for a financial year for all facility licences held in a name described in an item of the following table is the amount set out in that item.
Total annual charge for facility licences held in certain names |
| Name | Amount ($) |
1 | Australian Nuclear Science and Technology Organisation | 2,375,798 |
2 | Department of Defence | 289,177 |
(2) This Division has effect despite Divisions 2, 3 and 4.
Part 3—Annual charge for source licences
11 Introduction
For the purposes of subsection 5(2) of the Act, this Part prescribes the amount of the charge for a financial year for a source licence authorising persons to deal with one or more controlled apparatus or controlled materials in Group 1, Group 2 or Group 3.
Note 1: For Group 1, Group 2 and Group 3, see section 4 of the ARPANS Regulations (and subsection 5(2) of this instrument).
Note 2: Section 13 prescribes the total charge for a financial year for all source licences held in certain names, and has effect despite section 12.
Note 3: Division 7 of Part 5 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro‑rating and refunds.
12 Annual charge for source licence
The charge for a financial year for a source licence for controlled apparatus or controlled materials is the total of each amount worked out using the following table for the number of those apparatus or materials that are in a Group specified in an item of the table and are within 5 kilometres of one another.
Annual charges for source licences |
| Column 1
Group of controlled apparatus or controlled material | Column 2
Amount for less than 4 apparatus or materials in the Group within 5 km of one another ($) | Column 3
Amount for 4 to 10 apparatus or materials in the Group within 5 km of one another ($) | Column 4
Amount for 11 or more apparatus or materials in the Group within 5 km of one another ($) |
1 | Group 1 | 1,238 | 3,216 | 6,192 |
2 | Group 2 | 4,954 | 9,907 | 18,622 |
3 | Group 3 | 14,862 | 29,720 | 54,489 |
Note: For Group 1, Group 2 and Group 3, see section 4 of the ARPANS Regulations (and subsection 5(2) of this instrument).
Example 1: For a source licence for a single controlled apparatus or controlled material in Group 1, the amount of the annual charge is the amount in column 2 of item 1 of the table.
Example 2: For a source licence for 12 controlled apparatus or controlled materials, 3 of which are in Group 1 and are within 5 kilometres of one another, and the remaining 9 of which are in Group 2 and are within 5 kilometres of one another, the amount of the annual charge is the total of:
(a) the amount in column 2 of item 1 of the table; and
(b) the amount in column 3 of item 2 of the table.
Example 3: For a source licence for 16 controlled apparatus or controlled materials, all of which are in Group 3, 5 of which are within 5 kilometres of one another and 11 of which are within 5 kilometres of one another (but more than 5 kilometres from any of the first group of 5), the amount of the charge is the total of:
(a) the amount in column 3 of item 3 of the table; and
(b) the amount in column 4 of item 3 of the table.
13 Annual charge for all source licences held in certain names
(1) The amount of the charge for a financial year for all source licences held in a name described in an item of the following table is the amount set out in that item.
Total annual charge for source licences held in certain names |
| Name | Amount ($) |
| 1 | Australian Nuclear Science and Technology Organisation | 167,222 |
| 2 | Commonwealth Scientific and Industrial Research Organisation | 310,610 |
| 3 | Department of Defence | 399,601 |
| | | |
(2) This section has effect despite section 12.
