Australia - EIA in the Legaland Regulatory Framework
For Nuclear Energy Related Activities

20th FNCA Coordinators Meeting
Tokyo, Japan
7th March 2019

What is the EPBC Act
 The Environment Protection and Biodiversity Conservation
Act 1999 (the EPBC Act) is the Australian Government's
central piece of environmental legislation.
 The EPBC Act provides a legal framework to protect andmanage nationally and internationally important flora,
fauna, ecological communities and heritage places—definedin the EPBC Act as matters of national environmentalsignificance.

What is the EPBC Act
 confers jurisdiction over actions that have a significant
impact on the environment where the actions affect, or aretaken on, Commonwealth land, or are carried out by aCommonwealth agency (even if that significant impact is not
on one of the nine matters of 'national environmental
significance')Aims of the EPBC Act
 protection of the environment, especially matters of national
environmental significance conserve Australia's biodiversity
 protect biodiversity internationally by controlling theinternational movement of wildlife
 provide a streamlined environmental assessment and approvals
process where matters of national environmental significanceare involved protect our world and national heritage
 promote ecologically sustainable development.

Matters of National EnvironmentalSignificance Nine matters of National Environmental Significance world heritage listed areas national heritage places Internationally protected wetlands (' Ramsar' wetlands)
 nationally threatened species and ecological communities
 migratory species
 Commonwealth marine areas
 the Great Barrier Reef Marine Park nuclear actions (including uranium mining) a water resource, in relation to coal seam gas development and large
coal mining development.

Nuclear Actions
 establishing or significantly modifying a nuclear installation
 transporting spent nuclear fuel or radioactive waste products arising from reprocessing
 establishing or significantly modifying a facility for storing radioactive waste products arising fromreprocessing
 mining or milling uranium ores, excluding operations for recovering mineral sands or rare earths
 establishing or significantly modifying a large-scale disposal facility for radioactive waste. A
decision about whether a disposal facility is large scale will depend on factors including:

the activity of the radioisotopes to be disposed ofthe half-life of the material
the form of the radioisotopes
the quantity of isotopes handled decommissioning or rehabilitating any facility or area in which an activity described above has
been undertaken any other type of action set out in the EPBC Regulations.

Who does the EPBC Act affect landowners
 developers
 industry
 farmers councils
 state and territory agencies
 Commonwealth agencies.

Role of the Federal Environment Minister The minister’s key decision-making role with federal environmental
assessments is to ensure that matters covered by national environment law
are protected. When making a decision, the minister cannot consider mattersthat fall outside this federal legislation.
 State and local government approvals might cover different matters fromthose protected by national environment law under their relevant legislation,so an activity may need approval from all three levels of government.
 The federal environment minister cannot intervene in matters that fall outside
national environment law.
 The department works with its state and territory counterparts to ensure
information is shared and to align assessment processes where possible.

International Treaties
 Australia is party to 170 treatiesrelated to Environment andResources
 Complete list
https:// info.dfat.gov.au/info/treaties/treaties.nsf/WebView?OpenForm&Seq=2

Does a Proposed Action needs to beReferred?
 Is the proposed action likely to have a significant impact on
 a matter of national environmental significance?
 the environment in general (for actions by Commonwealthagencies or actions on Commonwealth land) or the environment on Commonwealth land (for actions outside
Commonwealth land)?

 If not certain about whether proposed action requiresapproval under the EPBC Act, refer the proposal for adecision by the Minister.

Referral Process

Proponent• Refer an action(Proposal/Project) tobe assessed forenvironmental impacts
under the EPBC Act

Dept of Sustainability,Environment, Water,Population andCommunities

Public, Relevant States
and Territory andCommonwealthministers• Referral released forcomment on whether
the project is likely tohave a significant
impact on matters ofnational environmental
significance• Comment on whether
the project is likely tohave a significant
impact on matters ofnational environmental
significance will betaken intoconsideration

Referral Decision• Minister decides
whether it should beassessed under theEPBC ActD

Referral Decisions
ABCReferral Decisions
 Action clearly unacceptable: this means the activity cannot proceed because it
is clear it will have an unacceptable impact on nationally protected matters.
This is essentially a decision to refuse approval for the project.
 Not controlled action : this means the activity does not need further
assessment because it is not likely to have a significant impact on nationallyprotected matters.
 Not controlled action, particular manner : this means the activity does notneed to be further assessed but must be carried out in the manner describedin the decision.
 Controlled action: this means that a significant impact on a nationallyprotected matter is likely, and the activity needs to undergo federal
assessment.  A method of assessment will then be chosen, which will vary depending on thescale and complexity of the activity.

Assessment
ProcessAssessment Decisions
Type of Assessment

Timeline

State/Territory process• 30 business days of receiving anassessment report

Referral Information• 20 business days of receiving a finalisedrecommendation report

Preliminary
Documentation• 40 business days of receiving finalised
documentation from the proponent

EIS/PER• 40 business days of receiving finalised
documentation from the proponent

Public Inquiry• 40 business days of receiving an inquiry
reportDecision

Approved
Approved withConditions
Not ApprovedSimplified EPBC Act Decision Process“Significantimpact onMNES?”NO

Approval not
required

YES

Proponent refers
action to Dept

Controlled action
Not controlled
action ‘particularmanner’Minister
decides in 20days
Action is clearly
unacceptable

Not controlledaction

Proponent may withdraw
or modify & resubmit

REFERRALPart 7 of EPBC ActAssessment via:a) Referral
informationb) Preliminary
documentationc) Accredited
process(State/territory)d) EISe) Public Enquiry

NotApproved“Is offsetting
proposed,appropriateandfeasible?”

NOYES

Part 8 of EPBC ActNO“Having regard to thelikely impact on MNES,together with economic
and social factors, isthe proposed action
acceptable?”

EPBC Act Environmental
Offsets Policy applies

Decisions within 20-40
business days of receiving
report/finalised documentationfrom the proponent

ASSESSMENT©Martine Maron

YESApproved
orApproved withConditions##Offsets may be part ofconditions of approval

APPROVAL

Part 9 of EPBC Act

Exemptions
Environmental impactassessments• Under s158
• Any or all steps in the assessment and approvals process• Minister satisfied that it is in the national interest to do

Listed species andecological communities
permits• Under s303A• Seek permits for any or all prohibitions in Part 13 to not apply• Minister satisfied that it is in the national interest to do

National emergencies• Under ss28(3)• Necessary for Australia's defence or security or in relation topreventing, mitigating or dealing with a national emergency.

Commonwealthagencies• Under ss28(4) and ss28(5)• Declare actions or a class of actions to be undertaken by aCommonwealth agency are exempt from assessment andapproval processes• Minister satisfied that the Commonwealth agency will comply
with state/territory environment protection laws

All notices of
exemption and thereasons for
granting theexemptions mustbe published.

Public Access
Invitations forComments

Exemptions

Public Notices

Referrals

EPBC Act Notices
DatabaseCompliance and Enforcement EPBC Act Compliance and Enforcement
Policy Proactive compliance measures
 Mechanisms to enforce non-compliance Civil or criminal penalties
 Remediation orders and determinations– repair/mitigate environmental

damage Enforceable undertakings– negotiate civil penalties and provide for futurecompliance Public can report breaches to Department

Nuclear Actions Referred by ANSTO
Nuclear Actions

Proposed Activity

Referral decision

Transporting SF or Radwaste
products arising fromReprocessing

2016/7841 OPAL SF to France
2015/7437 ILW from France
2007/3672 HIFAR SF to USA

Not a controlled action – pm
Not a controlled action – pm
Not a controlled action

Establishing or significantly
modifying a nuclear
installation

2012/6598 ANSTO Nuclear Medicine Mo99 Facility
2003/1114 Construct and Operate Extension of B23 for production ofRadioisotopes and related activities
2006/2740 Upgrade of B54 hot cells for Mo99 production

Not a controlled action – pm
Not a controlled action

Establishing or significantly
modifying a facility forradwaste storage

2016/7733 Extension & Upgrade Waste Management Facilities
2012/6564 Interim Waste Storage Facility
2012/6697 SYNROC Waste Treatment Facility
2008/4459 Construction of Nuclear Materials Store
2001/342 Waste Treatment and Packaging Building

Not a controlled action – pm
Not a controlled action – pm
Not a controlled action
Not a controlled action
Not a controlled action

Decommissioning or
rehabilitating a (nuclear)facility or area

2010/5645 Decommissioning of NMC & Camperdown Facility
2008/4615 Decommissioning of MOATA Reactor

Not a controlled action
Not a controlled action

Not a controlled action

Other Referred Nuclear Actions
Controlled Actions– U mines
Not a controlled action

2014/7138 Extension of Wiluna U Mine, WA

2017/7857 Processing of bulk sample high grade ore, Ranger U Mine, NT

2013/7083 Develop Mulga Rock U Mine Project, WA

2010/5751 Establish small scale U mine In-situ Recovery Field Trial, SA(particular manner)

2013/6722 Develop and operate underground mine at Ranger U Mine,NT

2009/4860 Construction of exploration decline, NT

2010/5637 Develop Kintyre U mine and assoc plant, WA

2009/4828 Rehabilitation of Abandoned U Mines and Assoc infrastructure,NT

2009/5174 Open pits U mine - Wiluna U Project, WA

2007/3331 Oban U Deposit Field Leach Trial, SA

2009/5138 Beverley North Extension to Beverley U Mine, SA

2007/3300 Rehabilitation of Abandoned U Mines in Gunlom Aboriginal Land
Trust Area, NT

2008/4252 Four Mile Extension to the Beverly U Mine, SA

2000/51 Gunlom U Mill Residues Interim Works, NT

2006/3167 Beverley U Mines Extension, SA
2005/2270 Expansion of Olympic Dam processing plant an assoc
infrastructure, SA

National Radioactive Waste ManagementFacility
 Nuclear actions (sections s21 & 22A of the EPBC Act) Commonwealth actions (section 28)
 Actions on Commonwealth land (sections s26 & s27A)‘protectedenvironment’is ActionsThethat
impactthreatenedspecies & communities(a) ecosystems
and(sections
18 & 18A) their constituent parts, including people andcommunities(b) natural and physical resources(c) the qualities and characteristics of locations, places and areas(d) heritage values of places(e) the social, economic and cultural aspects of a thing mentionedin (a) to (d).

Thank you.