{"id":"F2005B01412","name":"Declarations of Associated Equipment under subsection 4(1) of the Nuclear Non-Proliferation (Safeguards) Act 1987 (March 1987)","slug":"declarations-of-associated-equipment-under-subsection-4-1-of-the-nuclear-non-proliferation-safeguard","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32554,"registerId":"commonwealth-F2005B01412-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declarations of Associated Equipment under subsection 4(1) of the Nuclear Non-Proliferation (Safeguards) Act 1987 (March 1987)","content":"COMMONWEALTH OF AUSTRALIA\n\nNuclear Non-Proliferation (Safeguards) Act 1987\n\nPURSUANT to sub-section 4 (1) of the Nuclear Non\\-Proliferation (Safeguards) Act 1987, I, GARETH EVANS, Minister for Resources and Energy, hereby declare that:\n\n1. The classes of equipment and plant which are ‘associated equipment’ for the purposes of that definition are:\n\n(a) Nuclear reactors:\n\nNuclear reactors capable of operation so as to maintain a controlled self-sustaining fission chain reaction, excluding zero energy reactors, the latter being defined as reactors with a designed maximum rate of production of plutonium not exceeding 100 grams per year, but reactors which could reasonably be capable of modification to produce significantly more than 100 grams of plutonium per year shall be not excluded. Reactors designed for sustained operation at significant power levels, regardless of their capacity for plutonium production, are not considered as ‘zero energy reactors’.\n\nA ‘nuclear reactor’ includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come into direct contact with or control the primary coolant of the reactor core.\n\n(b) Nuclear reactor pressure vessels:\n\nMetal vessels, as complete units or major shop-fabricated parts therefor, which are especially designed or prepared to contain the core of a nuclear reactor as defined in 1 (a) above and are capable of withstanding the operating pressure of the primary coolant.\n\nA top plate for a nuclear reactor pressure vessel is a major shop\\-fabricated part of a pressure vessel.\n\n(c) Nuclear reactor internals:\n\nIncluding, but not limited to, support columns and plates for the core and other vessel internals, control rod guide tubes, thermal shields, baffles, core grid plates, diffuser plates.\n\n(d) Nuclear reactor fuel charging and discharging machines:\n\nManipulative equipment especially designed or prepared for inserting or removing fuel in nuclear reactors as defined in 1 (a) above capable of onload operation or employing technically sophisticated positioning or alignment features to allow complex off-load fuelling operations including those in which direct viewing of or access to the fuel is not normally available.\n\n(e) Nuclear rector control rods:\n\nRods especially designed or prepared for the control of the reaction rate in a nuclear reactor as defined in 1 (a) above.\n\nThis item includes, in addition to the neutron absorbing part, the support or suspension structures therefor if supplied separately.\n\n(f) Nuclear pressure tubes:\n\nTubes which are especially designed or prepared to contain fuel elements and the primary coolant in a nuclear reactor as defined in 1 (a) above at an operating pressure in excess of fifty atmospheres.\n\n(g) Zirconium tubes:\n\nZirconium metal and alloys in the form of tubes or assemblies of tubes, especially designed or prepared for use in a nuclear reactor as defined in 1 (a) above and in which the relationship of hafnium to zirconium is less than 1 : 500 parts by weight.\n\n(h) Primary coolant pumps:\n\nPumps especially designed or prepared for circulating liquid metal as primary coolant for nuclear reactors as defined in 1 (a) above.\n\n(i) Plants for the reprocessing of irradiated fuel elements, and equipment especially designed or prepared therefore:\n\nA ‘plant for the reprocessing of irradiated fuel elements’ includes the equipment and components which normally come in direct contact with and directly control the irradiated fuel and the major nuclear material and fission product processing streams. The following items of equipment are considered to fall within the meaning of the phrase ‘and equipment especially designed or prepared therefore’:\n\n(A) Irradiated fuel element chopping machines: remotely operated equipment especially designed or prepared for use in a reprocessing plant as defined above and intended to cut, chop or shear irradiated nuclear fuel assemblies, bundles or rods; and\n\n(B) Critically safe tanks (including small diameter, annular or slab tanks) especially designed or prepared for use in a reprocessing plant as defined above, intended for dissolution of irradiated nuclear fuel and which are capable of withstanding hot, highly corrosive liquid, and which can be remotely loaded and maintained.\n\n(j) Plants for the fabrication of fuel elements:\n\nA ‘plant for the fabrication of fuel elements’ includes the equipment:\n\n(A) which normally comes in direct contact with, or directly processes, or controls, the production flow of nuclear material, or\n\n(B) which seals the nuclear material within the cladding.\n\nThe whole set of items for the foregoing operations, as well as individual items intended for any of the foregoing operations, and for other fuel fabrication operations, including checking the integrity of the cladding or the seal, and the finish treatment to the sealed fuel.\n\n(k) Equipment, other than analytical instruments, especially designed or prepared for the separation of isotopes of uranium:\n\n‘Equipment, other than analytical instruments, especially designed or prepared for the separation of isotopes or uranium’ includes each of the major items of equipment especially designed or prepared for the separation process. Such items include:\n\n\\- gaseous diffusion barriers\n\n\\- gaseous diffuser housings\n\n\\- gas centrifuge assemblies, corrosion-resistant to UF6\n\n\\- jet nozzle separation units\n\n\\- vortex separation units\n\n\\- large UF6 corrosion-resistant axial or centrifugal compressors\n\n\\- special compressor seals for such compressors.\n\n(l) Plants for the production of heavy water:\n\nA ‘plant for the production of heavy water’ means a plant for the production of heavy water, deuterium and deuterium compounds and equipment especially designed or prepared therefor.\n\n2. The classes of material which are ‘associated material’ for the purposes of that definition are:\n\n(a) Deuterium and heavy water:\n\nDeuterium and any deuterium compound in which the ratio of deuterium to hydrogen exceeds 1:5000, suitable for use in a nuclear reactor as defined in 1 (a) above.\n\n(b) Nuclear grade graphite:\n\nGraphite having a purity level better than five parts per million boron equivalent and with a density greater than 1.50 grams per cubic centimetre.\n\nDated this 31st day of March 1987.\n\nGARETH EVANS\n\nMinister for Resources and Energy","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument declares which classes of equipment and material fall within the Act’s statutory phrase ‘associated equipment’ and ‘associated material’ under subsection 4(1). It does not itself amend the Act; instead it operationalises the statutory definition by listing technical classes and numeric thresholds (for example the zero‑energy reactor/plutonium threshold and the hafnium:zirconium ratio), thereby clarifying which items the safeguards regime will cover."},"complexity_factors":["Technical specificity: terms reference nuclear‑engineering concepts (reactor internals, primary coolant systems, UF6‑resistant components, zirconium/hafnium ratios).","Thresholds and exclusions: quantitative cutoffs (e.g. plutonium production ≤100 g/year exclusion; hafnium:zirconium <1:500) require technical measurement and interpretation.","Broad drafting hooks: phrases like “especially designed or prepared” and “could reasonably be capable of modification” introduce interpretive discretion for regulators and businesses.","Mixture of whole plants and component parts: both complete installations and individual items are captured, affecting varied actors (manufacturers, importers, operators).","Operationalisation of statute: the declaration translates statutory terms into detailed lists, creating compliance tasks (identification, classification, documentation) for regulated parties."],"plain_english_summary":"This declaration, made under subsection 4(1) of the Nuclear Non‑Proliferation (Safeguards) Act 1987, lists which types of equipment and materials count as ‘associated equipment’ and ‘associated material’. It covers reactors and reactor parts, fuel‑cycle plants (reprocessing and fabrication), isotope‑separation equipment, heavy‑water production plants, and materials such as heavy water and nuclear‑grade graphite.\n\nAnyone who manufactures, supplies, imports, exports or operates these listed items is brought within the Act’s safeguards framework; the declaration therefore determines which activities attract statutory controls, reporting and compliance obligations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This appears to be the original 1987 declaration establishing the baseline definitions. The scope aligns with the original intent of the Nuclear Non-Proliferation (Safeguards) Act 1987 to implement Australia's treaty obligations. The detailed technical specifications reflect the necessary precision for nuclear safeguards rather than scope creep."},"complexity_factors":["12 distinct categories of equipment and materials with nested sub-definitions","Technical specifications requiring specialised nuclear engineering knowledge (e.g., 'hafnium to zirconium ratio less than 1:500', 'boron equivalent purity levels', 'operating pressure in excess of fifty atmospheres')","Conditional exclusions with their own exceptions (zero energy reactors defined by plutonium production rates, then further qualified by 'reasonable capability of modification')","Cross-references within definitions (multiple items refer back to the nuclear reactor definition in 1(a))","Hybrid structure mixing legislative definitions with technical specifications and explanatory notes","Use of internationally standardised nuclear terminology that assumes familiarity with IAEA (International Atomic Energy Agency) safeguard categories"],"plain_english_summary":"This is a **Ministerial declaration** made under Australia's nuclear safeguards law that defines what counts as 'associated equipment' and 'associated material' for nuclear non-proliferation purposes.\n\n**What it does:**\nThe declaration creates a detailed list of nuclear-related equipment and materials that are subject to special controls under the *Nuclear Non-Proliferation (Safeguards) Act 1987*. This includes:\n\n- **Nuclear reactors** and their key components (pressure vessels, control rods, coolant pumps, fuel handling machines)\n- **Reprocessing plants** for handling spent nuclear fuel\n- **Fuel fabrication plants** for making nuclear fuel\n- **Equipment for enriching uranium** (separating uranium isotopes)\n- **Heavy water production plants**\n- **Special materials** like high-purity graphite and deuterium\n\n**Who it affects:**\n- Companies and organisations involved in manufacturing, importing, or exporting nuclear-related equipment\n- Anyone dealing with 'dual-use' items (equipment that could be used for both civilian and military nuclear purposes)\n- The Australian Safeguards and Non-Proliferation Office, which enforces these controls\n\n**Why it matters:**\nThis declaration is Australia's way of implementing international obligations under the **Nuclear Non-Proliferation Treaty (NPT)**. By clearly defining what equipment and materials are 'nuclear-associated,' Australia can:\n- Prevent nuclear weapons proliferation\n- Control exports of sensitive nuclear technology\n- Ensure international inspectors can verify that nuclear materials aren't being diverted to weapons programs\n\nThe definitions are highly technical because they need to catch equipment that could be used for nuclear weapons development while allowing legitimate research and medical uses (for example, 'zero energy reactors' that produce tiny amounts of plutonium are excluded)."}},"importantCases":[],"_links":{"self":"/api/acts/declarations-of-associated-equipment-under-subsection-4-1-of-the-nuclear-non-proliferation-safeguard","history":"/api/acts/declarations-of-associated-equipment-under-subsection-4-1-of-the-nuclear-non-proliferation-safeguard/history","analysis":"/api/acts/declarations-of-associated-equipment-under-subsection-4-1-of-the-nuclear-non-proliferation-safeguard/analysis","conflicts":"/api/acts/declarations-of-associated-equipment-under-subsection-4-1-of-the-nuclear-non-proliferation-safeguard/conflicts","importantCases":"/api/acts/declarations-of-associated-equipment-under-subsection-4-1-of-the-nuclear-non-proliferation-safeguard/important-cases","documents":"/api/acts/declarations-of-associated-equipment-under-subsection-4-1-of-the-nuclear-non-proliferation-safeguard/documents"}}