Australian Naval Nuclear Power Safety Regulations 2025

Part 1—Introduction

1 Name

2 Commencement

3 Authority

4 Definitions

5 Meaning of derived activity value and activity

6 Parent nuclides and progeny nuclides included in secular equilibrium

7 Meaning of effective dose, equivalent dose and absorbed dose

Division 2—Core provisions

8 Stirling designated zone

9 Osborne designated zone

10 Activity level for radioactive waste management facility to be an NNP facility

11 Activities that are not material activities

12 Non‑ionising radiation‑producing equipment or plant that is NNP equipment or plant

Part 2—Making an application for licence authorising facility activity or material activity

13 Simplified outline of this Part

14 Application of this Part

Division 2—Information and documents to be provided with application

Subdivision A—Purpose of this Division

15 Information and documents to be provided with application relating to facility activity or material activity

Subdivision B—Application relating to any kind of facility activity or material activity

16 General information relating to the regulated activity

17 General conduct of the activity

18 Resources for the safe conduct of the activity

19 Office holder with control of activity

20 Radiation monitoring boundaries and exclusion zones

21 Nuclear safety management system, arrangements and plans for the conduct of the activity

22 Records management system

23 Treatment of clearance material

Subdivision C—Application relating to a facility activity—additional information and documents

24 Additional information and documents—any kind of facility activity

25 Additional information and documents—activity of preparing a site for an NNP facility in a designated zone

26 Additional information and documents—activity of constructing an NNP facility in a designated zone

27 Additional information and documents—activity of having possession or control of an NNP facility in a designated zone

28 Additional information and documents—activity of operating an NNP facility in a designated zone

29 Additional information and documents—activity of decommissioning an NNP facility in a designated zone

30 Additional information and documents—activity of disposing of an NNP facility in a designated zone

Subdivision D—Application relating to a material activity—additional information and documents

31 Additional information and documents for any kind of material activity—general

32 Additional information and documents for any kind of material activity—transport management and movement plans

33 Additional information and documents—activity of having possession or control of NNP material or NNP equipment or plant in a designated zone

34 Additional information and documents—activity of using NNP material in a designated zone

35 Additional information and documents—activity of using or operating NNP equipment or plant in a designated zone

36 Additional information and documents—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

Division 3—Manner of giving application

37 Manner of giving an application

Division 4—Further information Regulator may require in connection with application

38 Further information the Regulator may require

Part 3—Matters to be satisfied of or taken into account in issuing licence authorising facility activity or material activity

39 Simplified outline of this Part

40 Matters the Regulator must be satisfied of or take into account in issuing licence authorising facility activity or material activity

Division 2—Matters to be satisfied of or taken into account

Subdivision A—Licence authorising any kind of facility activity or material activity

41 General matters the Regulator must be satisfied of

42 General matters the Regulator must take into account

Subdivision B—Licence authorising facility activity—additional matters

43 Additional matters—any kind of facility activity

44 Additional matters—activity of preparing a site for an NNP facility in a designated zone

45 Additional matters—activity of having possession or control of an NNP facility in a designated zone

46 Additional matters—activity of operating an NNP facility in a designated zone

47 Additional matters—activity of decommissioning an NNP facility in a designated zone

48 Additional matters—activity of disposing of an NNP facility in a designated zone

Subdivision C—Licence authorising material activity—additional matters

49 Additional matters—any kind of material activity

Part 4—Conditions applying to licence authorising facility activity or material activity

50 Simplified outline of this Part

51 Application of this Part

52 Conditions to which a licence authorising a facility activity or material activity is subject

Division 2—Conditions applying to licence authorising any kind of facility activity or material activity

Subdivision A—General conditions relating to the conduct of the regulated activity

53 General conduct of the regulated activity

54 Adequate resources for the safe conduct of the regulated activity

55 Changes to the conduct of the regulated activity and to systems, arrangements, designs and plans

56 Conducting the regulated activity

57 Nuclear safety site induction

58 Warning placards and warning devices

59 Radiation monitoring boundaries and exclusion zones

Subdivision B—Conditions relating to nuclear management system, arrangements and plans for the activity

60 Nuclear safety management system, arrangements and plans for the conduct of the activity

Subdivision C—Conditions relating to reporting, record keeping, audit and review

61 Records management system

62 Information and documents on request

63 Reporting—potential serious impacts and breaches

64 Reporting—incidents

65 Reporting—holdings of radioactive waste awaiting disposal

66 Reporting—change of office holder with control of activity

67 Reporting—final report for final period of licence

68 Nuclear safety management system, arrangements, plans and records management system must be audited and reviewed

Subdivision D—Conditions relating to dose limits

69 Dose limits

70 Dose limits—facility activity

71 Dose limits—activity of having possession or control of NNP material or NNP equipment or plant

72 Effective dose limits for ionising radiation

73 Effective doses

74 Annual equivalent dose limit for ionising radiation

75 Occupationally exposed persons

76 Reporting—increases in radiation exposure

Division 3—Additional conditions applying to licence authorising facility activity

77 Additional conditions for any kind of facility activity—risk levels and activity levels

78 Additional conditions for any kind of facility activity—sale, transfer or abandonment of a site, NNP facility or proposed NNP facility

79 Additional conditions—activity of preparing a site for an NNP facility in a designated zone

80 Additional conditions—activity of constructing an NNP facility in a designated zone

81 Additional conditions—activity of having possession or control of an NNP facility in a designated zone

82 Additional conditions—activity of operating an NNP facility in a designated zone

83 Additional conditions—activity of decommissioning an NNP facility in a designated zone

84 Additional conditions—activity of disposing of an NNP facility in a designated zone

85 Additional conditions—general requirements for plans required under this Division

Division 4—Additional conditions applying to licence authorising material activity

86 Additional conditions for any kind of material activity—maintaining inventory, information and documents

87 Additional conditions for any kind of material activity—storing, managing and handling NNP material or NNP equipment or plant

88 Additional conditions for any kind of material activity—field exercises

89 Additional conditions for any kind of material activity—transport or movement of naval nuclear propulsion plant

90 Additional conditions for any kind of material activity—transport of NNP material and NNP equipment or plant only as approved

91 Additional conditions for any kind of material activity—transport management and movement plans

92 Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—sale, transfer or abandonment

93 Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—plan for possession or control

94 Additional conditions—activity of using NNP material in a designated zone

95 Additional conditions—activity of using or operating NNP equipment or plant in a designated zone

96 Additional conditions—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

97 Additional conditions—general requirements for certain plans required under this Division

Division 5—Additional conditions applying to transitional licences

98 Preliminary

99 Additional conditions—information and documents relating to application for ARPANS licence

100 Additional conditions—enforcement actions relating to ARPANS licence

101 Additional conditions—information and documents relating to ARPANS licence on request

Part 5—Nuclear safety incidents

102 Simplified outline of this Part

103 Kinds of incidents that are nuclear safety incidents

104 Information to be given in report of a nuclear safety incident

105 Actions after initial report of a nuclear safety incident

Part 6—Suspension of licences and review of licence decisions

106 Simplified outline of this Part

107 Period of licence suspension

108 Information to be included in application for review of licence decision

Part 7—Other matters

109 Simplified outline of this Part

110 Annual report—other matters to be included

111 State and Territory laws that do not apply in relation to a regulated activity

112 Obligations under international agreements that a person must have regard to when performing functions under the Act

113 Application for exemption from a provision of Act or licence condition

Schedule 1—Designated zones

1 Stirling designated zone (the area known as HMAS Stirling at Garden Island in Western Australia)

2 Osborne designated zone (the area known as Osborne Naval Shipyard in South Australia)

Schedule 2—Activity values for nuclides

Part 1—Activity values for nuclides

1 Activity values for nuclides

Part 2—Parent and progeny nuclides

2 Parent nuclides and progeny nuclides

Part 1—Introduction

1  Name

  This instrument is the Australian Naval Nuclear Power Safety Regulations 2025.

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 later of:(a) the day after this instrument is registered; and(b) the day on which the Australian Naval Nuclear Power Safety Act 2024 commences. 1 November 2025(paragraph (b) applies)

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 Naval Nuclear Power Safety Act 2024.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) nuclear safety;

(b) nuclear safety incident.

  In this instrument:

absorbed dose has the meaning given by subsection 7(3).

Act means the Australian Naval Nuclear Power Safety Act 2024.

activity, of a nuclide, has the meaning given by subsection 5(2).

ARPANS licence, in relation to a transitional licence, has the meaning given by subsection 98(2).

AS/NZS IEC 60825.1:2014 means the Australian/New Zealand Standard AS/NZS IEC 60825.1:2014 Safety of laser products, Part 1: Equipment classification and requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 12 November 2014.

AS/NZS IEC 62471:2011 means the Australian/New Zealand Standard AS/NZS IEC 62471:2011 Photobiological safety of lamps and lamp systems, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing on 5 December 2011.

Australian National Radiation Dose Register means the register established by the Australian Radiation Protection and Nuclear Safety Agency to store and maintain radiation dose records of occupationally exposed persons.

clearance material means an inventory or waste package of NNP material for which the derived activity value is equal to or less than 1.

derived activity value, for an inventory or waste package of NNP material, has the meaning given by subsection 5(1).

dose:

 (a) means a measure of energy deposited by radiation in a target; and

 (b) includes an absorbed dose, equivalent dose and effective dose.

effective dose has the meaning given by subsection 7(1).

emergency worker has a meaning affected by subsection 72(7).

equivalent dose has the meaning given by subsection 7(2).

exposed, in relation to a person, means the person being exposed to radiation.

occupationally exposed person has the meaning given by paragraph 75(1)(a).

possession or control period, in relation to an NNP facility, means the period during which the relevant licence holder:

 (a) is authorised to possess or control the facility (or both); and

 (b) is not authorised to conduct any other facility activity in relation to the facility.

previous licensing stage has the meaning given by paragraph 24(3)(f).

reference incident means a hypothetical scenario for a severe accident that results in the release of radionuclides into the environment.

Note: A reference incident would, if it occurred, be a nuclear safety incident: see subsection 21(2) of the Act.

sealed NNP material means NNP material permanently contained in a capsule, or closely bound in a solid form, that is strong enough to be leak‑tight for:

 (a) the intended use of the NNP material; and

 (b) any reasonably foreseeable abnormal events likely to affect the NNP material.

serious civil penalty provision has the meaning given by subsection 63(7).

serious offence has the meaning given by subsection 63(6).

transitional licence means a licence that has effect as if it were an Australian naval nuclear power safety licence issued under the Act due to the Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024.

unsealed NNP material means NNP material that is not sealed NNP material.

waste package means the waste form of NNP material and its container as prepared for handling, transport, storage or disposal.

5  Meaning of derived activity value and activity

 (1) The derived activity value for an inventory or waste package of NNP material is worked out as follows:

 (a) first, divide the activity of each nuclide in the NNP material by the activity value specified in clause 1 of Schedule 2 for the nuclide;

 (b) secondly, if there is more than one nuclide in the NNP material, total the result of paragraph (a) for each nuclide.

Note: Section 6 affects how the activity of a parent nuclide mentioned in clause 2 of Schedule 2 (or marked a in clause 1 of Schedule 2) is worked out, by providing for inclusion of the activity of certain progeny nuclides that are included in secular equilibrium with the parent nuclide.

 (2) The activity of a nuclide is the rate at which nuclear transformations of the nuclide occur, worked out in accordance with the definition of activity in the IAEA Nuclear Safety and Security Glossary, Terminology Used in Nuclear Safety, Nuclear Security, Radiation Protection and Emergency Preparedness and Response, 2022 (Interim) Edition, published by the International Atomic Energy Agency, as existing on 5 June 2025.

Note: The Glossary could in 2025 be viewed on the website of the International Atomic Energy Agency (https://www.iaea.org).

6  Parent nuclides and progeny nuclides included in secular equilibrium

 (1) For the purposes of this instrument, in determining the activity of a parent nuclide mentioned in an item in the table in clause 2 of Schedule 2, include the activity of any progeny nuclide mentioned in that item that is included in secular equilibrium with the parent nuclide.

Note: Parent nuclides are also marked a in the table in clause 1 of Schedule 2.

 (2) Except for the purposes of determining under subsection (1) the activity of a parent nuclide mentioned in an item in the table in clause 2 of Schedule 2, the activity of a progeny nuclide mentioned in an item in that table is taken to be nil when included in secular equilibrium with a parent nuclide mentioned in that item.

7  Meaning of effective dose, equivalent dose and absorbed dose

 (1) Effective dose is a measure of dose that takes into account both the type of radiation involved and the radiological sensitivities of the organs and tissues irradiated. The effective dose is to be worked out in the same way as it would be worked out under the Australian Radiation Protection and Nuclear Safety Regulations 2018.

 (2) Equivalent dose is a measure of dose in organs and tissues that takes into account the type of radiation involved. The equivalent dose is to be worked out in the same way as it would be worked out under the Australian Radiation Protection and Nuclear Safety Regulations 2018.

 (3) The absorbed dose is the energy absorbed per unit mass by matter from ionising radiation that impinges upon it. The absorbed dose is to be worked out in the same way as it would be worked out under the Australian Radiation Protection and Nuclear Safety Regulations 2018.

Division 2—Core provisions

8  Stirling designated zone

  For the purposes of subsection 10(3) of the Act, the Stirling designated zone (the area known as HMAS Stirling at Garden Island in Western Australia) is the area indicated by the shaded area on the aerial photographic map in clause 1 of Schedule 1.

9  Osborne designated zone

  For the purposes of subsection 10(4) of the Act, the Osborne designated zone (the area known as the Osborne Naval Shipyard in South Australia) is the area indicated by the shaded area on the aerial photographic map in clause 2 of Schedule 1.

10  Activity level for radioactive waste management facility to be an NNP facility

  For the purposes of subparagraph 12(d)(ii) of the Act, the activity level for a radioactive waste management facility that contains, or is designed to contain, NNP material that is radioactive waste from an AUKUS submarine is the level at which the derived activity value for the inventory or a waste package of NNP material that the facility contains, or is designed to contain, is 1.

Note: The radioactive waste management facility must be a facility for managing, storing or disposing of radioactive waste from an AUKUS submarine: see subparagraph 12(d)(i) of the Act. If the activity of the facility is greater than the activity level prescribed for the facility, the facility is an NNP facility: see paragraph 12(d) of the Act.

11  Activities that are not material activities

  For the purposes of subsection 14(2) of the Act, an activity covered by paragraph 14(1)(a) or (b) of the Act is not a material activity to the extent that the NNP material involved in the activity is clearance material.

12  Non‑ionising radiation‑producing equipment or plant that is NNP equipment or plant

  For the purposes of subparagraph 15(2)(c)(ii) of the Act, the following equipment or plant that is from, or for use on, an AUKUS submarine and that produces harmful non‑ionising radiation when energised is prescribed:

 (a) equipment that interacts with, or is for direct use on, naval nuclear propulsion plant (of a kind covered by paragraph 15(2)(a) or (b) of the Act) and that:

 (i) is designated as tooling in a support system specification for an AUKUS submarine; or

 (ii) is industrial equipment (including measurement equipment) for the purposes of combat capability, maintenance, or other support activities;

 (b) any part of naval nuclear propulsion plant (of a kind covered by paragraph 15(2)(a) or (b) of the Act) that is detached from the plant.

Part 2—Making an application for licence authorising facility activity or material activity

13  Simplified outline of this Part

To conduct a regulated activity, a person generally must be authorised by an Australian naval nuclear power safety licence and comply with the conditions of the licence (see sections 19, 23 and 25 of the Act for the offences and civil penalty provisions relating to this).

A Commonwealth‑related person may apply for a licence (see section 28 of the Act). The application must meet the requirements in section 30 of the Act, which include that the application must:

 (a) specify certain matters, such as the regulated activity to be authorised by the licence and the persons, or class of persons, to be authorised to conduct the regulated activity; and

 (b) contain the information, and be accompanied by the documents, prescribed by the regulations; and

 (c) be given to the Regulator in the manner prescribed by the regulations.

Division 2 of this Part prescribes information and documents for applications for a licence to authorise a facility activity or a material activity. Such information and documents may:

 (a) be required for all such applications (this is set out in Subdivision B); or

 (b) only be required for applications relating to facility activities or a particular kind of facility activity (this is set out in Subdivision C); or

 (c) only be required for applications relating to material activities or a particular kind of material activity (this is set out in Subdivision D).

If information or documents are required in relation to a particular matter, there may be:

 (a) a related requirement in Part 3 for the Regulator to be satisfied of, or take into account, the matter; or

 (b) a related licence condition in Part 4.

Division 3 of this Part prescribes the manner in which the application must be given to the Regulator.

At any time before the Regulator has made a decision on the application, the Regulator may, under section 30A of the Act, request further information of a kind prescribed by Division 4 of this Part from the applicant in connection with the application.

14  Application of this Part

  This Part does not apply to an application for a licence to authorise a submarine activity.

Note: For the meaning of submarine activity, see section 13 of the Act.

Division 2—Information and documents to be provided with application

Subdivision A—Purpose of this Division

15  Information and documents to be provided with application relating to facility activity or material activity

  For the purposes of paragraphs 30(1)(j) and (k) of the Act:

 (a) the information to be contained in an application for a licence to authorise a facility activity or material activity; and

 (b) the documents to accompany that application;

are the information and documents that are prescribed by this Division as required for an application for a licence to authorise that kind of facility activity or material activity.

Subdivision B—Application relating to any kind of facility activity or material activity

16  General information relating to the regulated activity

  For an application for a licence to authorise any kind of facility activity or material activity, the following information and documents are required:

 (a) information and documents that describe and document the expertise, training and information that the persons, or class of persons, to be authorised to conduct the regulated activity would have, if the licence is issued, to ensure the nuclear safety of the activity;

 (b) information and documents that describe and document all technical authorities or standards addressing measures to ensure, so far as reasonably practicable, nuclear safety that would apply in relation to the conduct of the regulated activity if the licence is issued;

 (c) a list of the NNP facilities or proposed NNP facilities that would be involved in the conduct of the activity;

 (d) if it is reasonably foreseeable that:

 (i) any other high risk activities or material would be, or could be, conducted or located in, or near, the designated zone in which the regulated activity would be conducted; and

 (ii) those activities or materials could reasonably pose additional risks to the nuclear safety of the regulated activity;

  a description of measures proposed to mitigate that additional risk;

 (e) an analysis of the radiological consequences to the surrounding environment from a reference incident at the site of the regulated activity;

 (f) a description of the proposed arrangements to insure the conduct of the activity;

 (g) if a permit would be required under the Nuclear Non‑Proliferation (Safeguards) Act 1987 in relation to the conduct of the activity—one of the following:

 (i) if the permit has been granted—a copy of the permit;

 (ii) if an application for the permit has been made but not decided at the time of making the application for the licence—information that demonstrates that an application for the permit has been made;

 (iii) if an application for the permit has not been made at the time of making the application for the licence—information indicating when the application for the permit is likely to be made;

 (h) if a permit would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—one of the following:

 (i) if the permit has been granted—a copy of the permit;

 (ii) if an application for the permit has been made but not decided at the time of making the application for the licence—information that demonstrates that an application for the permit has been made;

 (iii) if an application for the permit has not been made at the time of making the application for the licence—information indicating when the application for the permit is likely to be made;

 (i) if an approval would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—one of the following:

 (i) if the approval has been given—a copy of the approval;

 (ii) if an application for the approval has been made but not decided at the time of making the application for the licence—information that demonstrates that an application for the approval has been made;

 (iii) if an application for the approval has not been made at the time of making the application for the licence—information indicating when the application for the approval is likely to be made;

 (j) if a referral would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—one of the following:

 (i) if a decision has been made on the referral—a copy of the decision;

 (ii) if a decision on the referral has not been made at the time of making the application for the licence and subparagraph (iii) does not apply—a copy of the referral;

 (iii) if the referral was withdrawn before a decision on the referral was made—information and documents that describe and document the withdrawal of the referral;

 (k) if an environmental impact statement would be required under a law of the Commonwealth or a State or Territory for environmental protection in relation to the conduct of the activity—a copy of the environmental impact statement.

Note 1: To issue the licence, the Regulator must be satisfied of certain matters dealt with in this section: see section 41. For example, the Regulator must be satisfied that the conduct of the activity would be adequately and appropriately insured.

Note 2: Paragraph (f) of this section only requires a description of the arrangements. It does not require contracts or full details of particular commercial arrangements to be provided.

17  General conduct of the activity

  For an application for a licence to authorise any kind of facility activity or material activity, information and documents that describe and document how the activity would be conducted in accordance with section 53 are required.

Note: The licence, if issued, would be subject to a condition that the regulated activity is conducted in accordance with section 53: see that section.

18  Resources for the safe conduct of the activity

  For an application for a licence to authorise any kind of facility activity or material activity, information and documents that describe and document the financial, human and technical resources that the proposed licence holder would have, and would be able to control and maintain, to conduct the activity safely throughout the proposed period of the licence are required.

Note: The licence, if issued, would be subject to a condition that the licence holder have, control and maintain adequate resources for the safe conduct of the activity: see section 54.

19  Office holder with control of activity

  For an application for a licence to authorise any kind of facility activity or material activity, details of the office holder of the proposed licence holder that would have organisational, financial and operational control of the conduct of the regulated activity authorised by the licence are required.

Note: The licence, if issued, would be subject to a condition that the licence holder notify the Regulator if the person who is this office holder changes: see section 66.

20  Radiation monitoring boundaries and exclusion zones

  For an application for a licence to authorise any kind of facility activity or material activity, the following information and documents are required:

 (a) information and documents that describe and document the boundaries proposed to be set for the radiation monitoring of the regulated activity;

 (b) information and documents that describe and document the exclusion zones proposed to be set around the boundary of the area in which the regulated activity would be conducted.

Note 1: To issue the licence, the Regulator must be satisfied that the boundaries set for radiation monitoring, and the exclusion zones, would ensure nuclear safety and the exclusion zones would be enforced: see subsections 41(3) and (4).

Note 2: The licence, if issued, would be subject to conditions that radiation monitoring is undertaken within the boundaries in accordance with the radiation protection plan and that the exclusion zones are enforced: see subsections 59(2) and (4).

21  Nuclear safety management system, arrangements and plans for the conduct of the activity

 (1) This section applies to an application for a licence to authorise any kind of facility activity or material activity.

 (2) The following are required:

 (a) information and documents that describe and document the proposed nuclear safety management system for the activity;

 (b) information and documents that describe and document the following for the activity:

 (i) the proposed arrangements for organisational and human control of the activity;

 (ii) the proposed regulatory compliance plan;

 (iii) the proposed supply chain management plan;

 (iv) the proposed nuclear safety plan;

 (v) the proposed radiation protection plan;

 (vi) the proposed radioactive waste management plan;

 (vii) the proposed security plan;

 (viii) the proposed emergency management and response plan;

 (ix) the proposed environmental protection plan;

 (x) the proposed insolvency plan;

 (c) a description of how that system, those arrangements and each of those plans would be implemented, maintained, audited and reviewed if the licence is issued.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the system, arrangements and plans and that the system, arrangements and plans are implemented, maintained, audited and reviewed: see sections 60 and 68.

 (3) Information is required that describes how international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the system, arrangements and plans.

22  Records management system

  For an application for a licence to authorise any kind of facility activity or material activity, the following information and documents are required:

 (a) information and documents that describe and document the proposed records management system for the activity;

 (b) a description of how the records management system would be implemented, maintained, audited and reviewed if the licence is issued.

Note: The licence, if issued, would be subject to conditions that records relating to the conduct of the regulated activity are kept in the records management system for the activity and the system must be implemented, maintained, audited and reviewed: see sections 61 and 68.

23  Treatment of clearance material

  For an application for a licence to authorise:

 (a) a kind of facility activity other than the activity of preparing a site for an NNP facility in a designated zone; or

 (b) any kind of material activity;

information and documents are required that describe and document how clearance material from the conduct of the activity will be maintained, stored or disposed of.

Subdivision C—Application relating to a facility activity—additional information and documents

24  Additional information and documents—any kind of facility activity

 (1) This section applies to an application for a licence to authorise any kind of facility activity.

 (2) Baseline radiological data for the site of the NNP facility, or proposed NNP facility, obtained prior to the siting of the facility is required.

 (a) a description of the level of nuclear safety risk posed by the activity proposed to be authorised;

 (b) information that demonstrates how the following has been considered in assessing that level of risk:

 (i) the hazard level and complexity of the activity;

 (ii) the characteristics of the NNP facility, or proposed NNP facility, and its site or proposed site;

 (iii) potential risks to persons proposed to be authorised to conduct the activity, to likely occupationally exposed persons, to the public and to the environment;

 (iv) any other technical, human or organisational factor relevant to the activity that could pose a reasonably foreseeable risk to nuclear safety;

 (c) details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant that would be, or could be, involved in the conduct of the activity;

 (d) information that demonstrates that the applicant has considered, in relation to the conduct of the activity, all regulated activities that could reasonably be foreseen to be conducted in relation to the NNP facility, or proposed NNP facility, over its lifetime;

 (e) details of the consultation undertaken with stakeholders, Aboriginal and Torres Strait Islander peoples and the public in relation to the activity and the NNP facility or proposed NNP facility;

 (f) subject to subsection (4), information and documents that describe and document how all conditions applying to the licence (the previous licensing stage) authorising the most recent previous facility activity in relation to the NNP facility, or proposed NNP facility, have been complied with.

Note 1: For the purposes of paragraph (e), matters in relation to which consultation may need to be undertaken include the development of a plan or safety case for the activity.

Note 2: For the purposes of paragraph (f), this includes conditions specified by the Regulator for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act. To issue the licence, the Regulator must take the extent of compliance with conditions into account: see paragraph 43(3)(c) of this instrument.

 (4) Paragraph (3)(f) does not apply if:

 (a) the application is for a licence to authorise a facility activity of preparing a site for an NNP facility in a designated zone; or

 (b) the licence authorising the most recent previous facility activity in relation to the NNP facility, or proposed NNP facility, is a transitional licence; or

 (c) if the application is for a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone—a licence authorising the operation of the facility has been issued under the Act or the Australian Radiation Protection and Nuclear Safety Act 1998.

25  Additional information and documents—activity of preparing a site for an NNP facility in a designated zone

 (1) This section applies to an application for a licence to authorise a facility activity of preparing a site for an NNP facility (the proposed NNP facility) in a designated zone.

Safety case report (siting)

 (2) A safety case report for the siting of the proposed NNP facility that demonstrates the suitability of the site for the life of the facility and the regulated activities intended to be conducted at the facility is required.

Site evaluation

 (3) An evaluation of the suitability of the site for the proposed NNP facility is required.

Note: To issue the licence, the Regulator must be satisfied that the site evaluation demonstrates the suitability of the site for the proposed NNP facility: see section 44.

Environmental protection requirements

 (4) If the applicant believes that no requirements of the kind mentioned in paragraphs 16(h) to (k) (environmental protection requirements under Commonwealth, State or Territory law) would apply to the conduct of the activity, details of the grounds for that belief are required.

Conceptual design of the proposed NNP facility (siting)

 (5) A conceptual design of the proposed NNP facility is required that:

 (a) ensures nuclear safety of the facility and its proposed construction and operation; and

 (b) supports the safety case report’s demonstration that the site is suitable for the life of the facility and the regulated activities intended to be conducted at the facility.

Plan for preparing the site

 (6) Information and documents that describe and document the proposed plan for preparing the site for the proposed NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 79.

Preliminary decommissioning plan

 (7) A preliminary decommissioning plan for the proposed NNP facility is required.

26  Additional information and documents—activity of constructing an NNP facility in a designated zone

 (1) This section applies to an application for a licence to authorise a facility activity of constructing an NNP facility (the proposed NNP facility) in a designated zone.

Safety case report (construction)

 (2) A safety case report for the construction of the proposed NNP facility that demonstrates the suitability of the construction for the life of the facility and the regulated activities intended to be conducted at the facility is required.

Site evaluation

 (a) an evaluation of the suitability of the site for constructing the proposed NNP facility;

 (b) information and documents that:

 (i) describe and document the site works undertaken to enable the construction of the facility; and

 (ii) document that those works are now complete.

Environmental protection requirements

 (4) If the applicant believes that no requirements of the kind mentioned in paragraphs 16(h) to (k) (environmental protection requirements under Commonwealth, State or Territory law) would apply to the conduct of the activity, details of the grounds for that belief are required.

Design of the proposed NNP facility (construction)

 (5) A design of the proposed NNP facility is required that:

 (a) ensures nuclear safety of the facility and its proposed operation; and

 (b) supports the safety case report’s demonstration that the construction is suitable for the life of the facility and the regulated activities intended to be conducted at the facility; and

 (c) complies with subsection (6).

 (6) The design must include information and documents addressing the functional safety requirements of:

 (a) any material activity intended to be conducted at the facility; and

 (b) any naval nuclear propulsion plant in the facility that is not on a UK/US submarine; and

 (c) any such plant’s interaction with:

 (i) the facility; or

 (ii) any material activity mentioned in paragraph (a);

including the control of reactivity, the removal of residual heat (cooling) and containment.

Construction plan

 (7) Information and documents that describe and document the proposed construction plan for the proposed NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 80.

Preliminary decommissioning plan

 (8) A preliminary decommissioning plan for the proposed NNP facility is required.

27  Additional information and documents—activity of having possession or control of an NNP facility in a designated zone

 (1) This section applies to an application for a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone.

Note: If the application is for a licence that authorises both the possession and control of the NNP facility, the information and documents prescribed by this instrument as required for an application authorising possession or control of the facility are required for both the possession and control.

Safety case report (possession or control)

 (2) A safety case report for the possession or control of the NNP facility is required.

Construction evaluation

 (3) An evaluation of the construction of the NNP facility is required that assesses whether the design of the construction supports the safety case report’s demonstration of the suitability of the facility for the possession or control.

Note: To issue the licence, the Regulator must be satisfied that the construction evaluation demonstrates the suitability of the NNP facility for the possession or control: see subsection 45(2).

 (4) Subsection (3) does not apply if a licence authorising the operation of the NNP facility has been issued under the Act or the Australian Radiation Protection and Nuclear Safety Act 1998.

Plan for the possession or control period

 (5) Information and documents that describe and document the proposed possession or control period plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 81.

 (6) The results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity is required.

Note: To issue the licence, the Regulator must take these results into account: see subsection 45(3).

Preliminary plans

 (7) The following are required:

 (a) if a licence authorising the operation of the facility has never been issued under the Act or the Australian Radiation Protection and Nuclear Safety Act 1998—a preliminary operational plan for the NNP facility;

 (b) a preliminary decommissioning plan for the NNP facility;

 (c) a preliminary disposal plan for the NNP facility.

Note: To issue the licence, the Regulator must take these preliminary plans into account: see subsection 43(3).

28  Additional information and documents—activity of operating an NNP facility in a designated zone

 (1) This section applies to an application for a licence to authorise a facility activity of operating an NNP facility in a designated zone.

Safety case report (operation)

 (2) A safety case report for the operation of the NNP facility is required.

Evaluation of operational readiness

 (a) an evaluation of the readiness of the NNP facility for its proposed operation;

 (b) information and documents that describe and document the testing undertaken to confirm readiness.

Note: To issue the licence, the Regulator must be satisfied that the evaluation of operational readiness demonstrates the suitability of the NNP facility for its proposed operation: see subsection 46(2).

Commissioning plan

 (4) Information and documents that describe and document the proposed commissioning plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 82.

Operational plan

 (5) Information and documents that describe and document the proposed operational plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 82.

 (6) The results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity is required.

Note: To issue the licence, the Regulator must take these results into account: see subsection 46(3).

Preliminary plans

 (7) The following are required:

 (a) a preliminary decommissioning plan for the NNP facility;

 (b) a preliminary disposal plan for the NNP facility.

Note: To issue the licence, the Regulator must take these preliminary plans into account: see subsection 43(3).

29  Additional information and documents—activity of decommissioning an NNP facility in a designated zone

 (1) This section applies to an application for a licence to authorise a facility activity of decommissioning an NNP facility in a designated zone.

Safety case report (decommissioning)

 (2) A safety case report for the decommissioning of the NNP facility is required.

Strategy and plan for decommissioning the NNP facility

 (a) information and documents that describe and document the proposed decommissioning plan for the NNP facility;

 (b) the decommissioning strategy on which the proposed decommissioning plan is based.

Note 1: To issue the licence, the Regulator must take into account the decommissioning strategy: see paragraph 47(2)(a).

Note 2: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 83.

 (4) The results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity is required.

Note: To issue the licence, the Regulator must take these results into account: see paragraph 47(2)(b).

Preliminary disposal plan

 (5) A preliminary disposal plan for the NNP facility is required that addresses how the proposed decommissioning plan for the facility supports the safety case report’s demonstration of the suitability of the facility for decommissioning.

30  Additional information and documents—activity of disposing of an NNP facility in a designated zone

 (1) This section applies to an application for a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

Safety case report (disposal)

 (2) A safety case report for the disposal of the NNP facility is required.

Decommissioning evaluation

 (3) An evaluation of the decommissioning of the NNP facility is required.

Note: To issue the licence, the Regulator must be satisfied that the decommissioning evaluation demonstrates the suitability of the NNP facility for disposal: see subsection 48(2).

Disposal plan

 (4) Information and documents that describe and document the proposed disposal plan for the NNP facility are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 84.

Independent assessment

 (5) An assessment by a suitably qualified and experienced independent person of whether the proposed disposal plan for the activity would result in any ongoing radiation exposure at the site of the NNP facility being sufficiently low so as not to pose an ongoing hazard to the public or the environment is required.

Note: To issue the licence, the Regulator must take the independent assessment into account: see subsection 48(3).

Subdivision D—Application relating to a material activity—additional information and documents

31  Additional information and documents for any kind of material activity—general

 (1) This section applies to an application for a licence to authorise any kind of material activity in a designated zone.

 (2) The following information and documents are required:

 (a) details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant that would be, or could be, involved in the conduct of the activity;

 (b) information and documents that describe and document the proposed arrangements for storing, managing and handling any such NNP material or NNP equipment or plant;

 (c) the results of a field exercise conducted for the purpose of testing the proposed emergency management and response plan for the activity.

 (3) For an application for a licence to authorise a material activity that would involve a kind of NNP material or NNP equipment or plant specified in column 1 of an item in the following table, the information and documents specified in column 2 of the item are required.

• Information and documents—material activities involving particular NNP material or NNP equipment or plant
• Item Column 1Kind of NNP material or NNP equipment or plant Column 2Information and documents required
• 1 Sealed NNP material Information and documents that describe and document the following:(a) the hazard level, nuclide, activity level, chemical form and physical form of the sealed NNP material;(b) the encapsulation material for the sealed NNP material;(c) the identification details of the sealed NNP material;(d) the intended purpose of the sealed NNP material;(e) where the sealed NNP material would be located
• 2 Unsealed NNP material Information and documents that describe and document the following:(a) the hazard level, nuclide, chemical form and physical form of the unsealed NNP material;(b) the identification details of the unsealed NNP material;(c) the intended purpose of the unsealed NNP material;(d) where the unsealed NNP material would be located;(e) the forecast maximum activity level of each nuclide at each of those locations
• 3 NNP equipment or plant that produces ionising radiation Information and documents that describe and document the following:(a) the hazard level, and the maximum output (in a relevant unit of measurement e.g. joules per kilogram), of the NNP equipment or plant;(b) the identification details of the NNP equipment or plant;(c) the intended purpose of the NNP equipment or plant;(d) where the NNP equipment or plant would be located
• 4 NNP equipment or plant that produces harmful non‑ionising radiation Information and documents that describe and document the following:(a) the hazard level of the NNP equipment or plant;(b) the identification details of the NNP equipment or plant;(c) the intended purpose of the NNP equipment or plant;(d) the likely exposure to radiation from the NNP equipment or plant and all relevant output parameters for the exposure;(e) where the NNP equipment or plant would be located

Note 1: To issue the licence, the Regulator must take into account the details provided under paragraphs (2)(a) and (b) and the description and documentation provided under the relevant item in the table in subsection (3): see section 49.

Note 2: The licence, if issued, would be subject to conditions that:

(a) the licence holder maintain a current inventory of NNP material and NNP equipment or plant and keep up‑to‑date the information and documents specified in the relevant item in the table in subsection (3) (see section 86); and

(b) the licence holder conduct the activity in accordance with the arrangements for storing, managing and handling the NNP material and NNP equipment or plant, and that the arrangements are implemented, maintained, audited and reviewed (see sections 68 and 87); and

(c) the licence holder ensures a field exercise is conducted every 2 years and that, if required, any system, arrangements or plan mentioned in section 60 is updated in response to the results of the field exercise (see section 88).

32  Additional information and documents for any kind of material activity—transport management and movement plans

 (1) This section applies to an application for a licence to authorise any kind of material activity in a designated zone.

Transport management plan

 (2) Information and documents that describe and document the proposed transport management plan for transporting NNP material or NNP equipment or plant into, or out of, a designated zone for the activity are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 91.

Movement plan

 (3) Information and documents that describe and document the proposed movement plan for moving NNP material or NNP equipment or plant within a designated zone for the activity are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 91.

33  Additional information and documents—activity of having possession or control of NNP material or NNP equipment or plant in a designated zone

  For an application for a licence to authorise a material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone, information and documents that describe and document the proposed plan for the possession or control of the NNP material or NNP equipment or plant are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 93.

34  Additional information and documents—activity of using NNP material in a designated zone

  For an application for a licence to authorise a material activity of using NNP material in a designated zone, information and documents that describe and document the proposed plan for using the NNP material are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 94.

35  Additional information and documents—activity of using or operating NNP equipment or plant in a designated zone

  For an application for a licence to authorise a material activity of using or operating NNP equipment or plant in a designated zone, information and documents that describe and document the proposed plan for using or operating the NNP equipment or plant are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 95.

36  Additional information and documents—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

  For an application for a licence to authorise a material activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone, information and documents that describe and document the proposed plan for the maintaining, storing or disposing of the NNP material or NNP equipment or plant are required.

Note: The licence, if issued, would be subject to conditions that the licence holder conduct the activity in accordance with the plan and that the plan is implemented, maintained, audited and reviewed: see sections 68 and 96.

Division 3—Manner of giving application

37  Manner of giving an application

 (1) For the purposes of paragraph 30(1)(l) of the Act, the manner for giving an application for a licence to authorise any kind of facility activity or material activity is through the online lodgement facility provided by the Regulator.

Note: The application must be in the approved form (if any): see paragraph 30(1)(i) of the Act.

 (2) The Regulator must publish a notice of the application on its website.

Division 4—Further information Regulator may require in connection with application

38  Further information the Regulator may require

  For the purposes of subsection 30A(2) of the Act, the kinds of further information that may be required by the Regulator under subsection 30A(1) of the Act in connection with an application for a licence to authorise a facility activity or material activity are the following:

 (a) further information in relation to any information that the application must contain or any documents that must accompany the application (for example, for the purpose of clarifying, confirming or demonstrating a matter to the Regulator’s satisfaction);

 (b) further information in relation to any matter that the Regulator must be satisfied of, or take into account, in deciding whether to issue the licence;

 (c) further information to demonstrate that the proposed licence holder, and any other persons that would be authorised under the licence to conduct the activity, would be able to comply with the Act, this instrument and any licence condition that would be imposed under section 32 of the Act;

 (d) any other information that is reasonably necessary to assist the Regulator to make a decision on the application.

Note: For example, if the Regulator has concerns that a proposed plan for the conduct of the regulated activity provided with the application may not meet the requirements for the plan in section 60, the Regulator may require further information about the changes to the plan the applicant proposes to make to address these concerns.

Part 3—Matters to be satisfied of or taken into account in issuing licence authorising facility activity or material activity

39  Simplified outline of this Part

To conduct a regulated activity, a person generally must be authorised by an Australian naval nuclear power safety licence, and comply with the conditions of the licence (see sections 19, 23 and 25 of the Act for the offences and civil penalty provisions relating to this).

If a Commonwealth‑related person makes an application for a licence under section 28 of the Act, the Regulator may under section 31 of the Act issue, or refuse to issue, the licence to the person.

Under section 31 of the Act, in deciding whether to issue a licence, the Regulator must be satisfied:

 (a) that the applicant will be able to comply with the conditions of the licence; and

 (b) of any matter prescribed by the regulations.

The Regulator must also take into account:

 (a) international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion; and

 (b) any matter prescribed by the regulations.

Division 2 of this Part prescribes matters that the Regulator must be satisfied of, or take into account, in deciding whether to issue a licence to authorise a facility activity or a material activity. The matters may be prescribed:

 (a) for all such licences (this is set out in Subdivision A); or

 (b) only for licences authorising facility activities or a particular kind of facility activity (this is set out in Subdivision B); or

 (c) only for licences authorising material activities (this is set out in Subdivision C).

If the Regulator is required to be satisfied of, or take into account, a matter, there may be:

 (a) a related requirement in Part 2 for the applicant to provide information or documents; and

 (b) a related licence condition in Part 4.

40  Matters the Regulator must be satisfied of or take into account in issuing licence authorising facility activity or material activity

  For the purposes of subparagraphs 31(2)(a)(ii) and 31(2)(b)(ii) of the Act:

 (a) the matters the Regulator must be satisfied of; and

 (b) the matters the Regulator must take into account;

in deciding whether to issue a licence to authorise a facility activity or material activity are the matters prescribed by this Part for a licence to authorise that kind of facility activity or material activity.

Division 2—Matters to be satisfied of or taken into account

Subdivision A—Licence authorising any kind of facility activity or material activity

41  General matters the Regulator must be satisfied of

 (1) This section applies to a licence to authorise any kind of facility activity or material activity.

General

 (2) The Regulator must be satisfied that:

 (a) the application contains the information and is accompanied by the documents required by Division 2 of Part 2; and

 (b) the applicant has given any further information required by the Regulator under subsection 30A(1) of the Act (see section 38 of this instrument); and

 (c) the applicant has demonstrated that the proposed licence holder would ensure, so far as reasonably practicable, nuclear safety when conducting the regulated activity; and

 (d) the applicant has demonstrated that the proposed licence holder would be able to comply with the other nuclear safety duties that would apply to the licence holder under Division 2 of Part 2 of the Act; and

 (e) the applicant has demonstrated that the systems, arrangements and plans described and documented in the application or a document accompanying the application (see subsection 21(2) and section 22 of this instrument) would be appropriate for their purpose; and

 (f) the applicant has demonstrated that all of the following, in relation to the conduct of the regulated activity, would be kept as low as reasonably achievable taking into account economic and societal factors:

 (i) the magnitude of individual doses;

 (ii) the number of people who are exposed;

 (iii) the likelihood of incurring exposures to ionising radiation and harmful non‑ionising radiation; and

 (g) the persons, or class of persons, to be authorised to conduct the regulated activity would, so far as reasonably practicable, have appropriate expertise, training and information to ensure the nuclear safety of the regulated activity; and

 (h) if it is reasonably foreseeable that:

 (i) any other high risk activities or material would be, or could be, conducted or located in, or near, the designated zone in which the regulated activity may be conducted under the licence; and

 (ii) those activities or materials could reasonably pose additional risks to the nuclear safety of the regulated activity;

  the measures (as proposed at the time of making the decision to issue the licence) to mitigate that additional risk ensure, so far as reasonably practicable, that additional risk is mitigated; and

 (i) the activity would be adequately and appropriately insured.

Radiation monitoring boundaries and exclusion zones

 (3) The Regulator must be satisfied that the boundaries to be set (as proposed at the time of making the decision to issue the licence) for the radiation monitoring of the regulated activity would ensure nuclear safety.

Note 1: For the information and documents that the applicant must provide that are relevant to this subsection: see section 20.

Note 2: The licence, if issued, would be subject to a condition that radiation monitoring is undertaken within set boundaries in accordance with the radiation protection plan for the activity: see subsection 59(2).

 (4) The Regulator must be satisfied that the exclusion zones to be set around the boundary of the area in which the regulated activity would be conducted (as proposed at the time of making the decision to issue the licence):

 (a) would ensure nuclear safety; and

 (b) would be enforced throughout the proposed period of the licence.

Note 1: For the information and documents that the applicant must provide that are relevant to this subsection: see section 20.

Note 2: The licence, if issued, would be subject to a condition that the exclusion zones are enforced: see subsection 59(4).

42  General matters the Regulator must take into account

  The Regulator must take into account the following matters in deciding whether to issue a licence to authorise any kind of facility activity or material activity:

 (a) whether the applicant has demonstrated that the interaction between technical, human and organisational factors in the management of nuclear safety has been considered in relation to the conduct of the activity;

 (b) whether the applicant has demonstrated that international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the proposed nuclear safety management system for the activity, and the proposed arrangements and plans for the activity, that would be required under section 60;

 (c) the analysis of the radiological consequences to the surrounding environment from a reference incident at the site of the activity, provided under paragraph 16(e);

 (d) any technical authorities or standards, that the Regulator is aware of, that:

 (i) address measures to ensure, so far as reasonably practicable, nuclear safety; and

 (ii) would apply in relation to the conduct of the activity if the licence is issued;

 (e) any other proposed policies or procedures for the conduct of the activity that the Regulator is aware of;

 (f) any other design and operational limits and conditions (actual or proposed) of any infrastructure, plant, equipment, information technology, radiation monitoring boundaries, systems, components, or warning devices proposed to be involved in the conduct of the activity that the Regulator is aware of;

 (g) any other matters the Regulator considers relevant.

Note: For the purposes of paragraph (b), the applicant must provide information that describes how international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion has been considered in the development of the system, arrangements and plans: see subsection 21(3).

Subdivision B—Licence authorising facility activity—additional matters

43  Additional matters—any kind of facility activity

 (1) This section applies to a licence to authorise any kind of facility activity.

Note: For the information and documents that the applicant must provide that are relevant to this section, see Subdivision C of Division 2 of Part 2.

Matters to be satisfied of

 (2) The Regulator must be satisfied of the following matters in deciding whether to issue a licence to authorise a facility activity:

 (a) that the applicant has demonstrated that all regulated activities that could reasonably be foreseen to be conducted in relation to the facility, or proposed facility, over its lifetime have been appropriately considered in relation to the conduct of the activity;

 (b) that meaningful consultation has been undertaken with all relevant stakeholders, Aboriginal and Torres Strait Islander peoples and the public about the regulated activity and the facility or proposed facility.

Matters to take into account

 (3) The Regulator must take into account the following matters in deciding whether to issue a licence to authorise a facility activity:

 (a) the baseline radiological data provided under subsection 24(2);

 (b) the level of nuclear safety risk posed by the activity proposed to be authorised (having regard to the matters in paragraph 24(3)(b));

 (c) if paragraph 24(3)(f) applies in relation to the application for the licence—the extent to which conditions applying to the previous licensing stage have been complied with;

 (d) the preliminary plans provided as required by the section in Subdivision C of Division 2 of Part 2 that applies in relation to an application for a licence to authorise the facility activity.

Note 1: The licence, if issued, would be subject to a condition that a current description of the level of nuclear safety risk is maintained: see section 77.

Note 2: For whether paragraph 24(3)(f) applies in relation to the application for the licence, see subsections 24(1) and (4).

Note 3: Preliminary plans may be preliminary decommissioning plans, preliminary operational plans or preliminary disposal plans. A preliminary plan is not required for an application for a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

44  Additional matters—activity of preparing a site for an NNP facility in a designated zone

  For a licence to authorise a facility activity of preparing a site for an NNP facility in a designated zone, the Regulator must be satisfied that the site evaluation for the proposed NNP facility (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the site for the proposed NNP facility.

Note: For the information and documents that the applicant must provide that are relevant to this section, see section 25.

45  Additional matters—activity of having possession or control of an NNP facility in a designated zone

 (1) This section applies to a licence to authorise a facility activity of having possession or control of an NNP facility in a designated zone.

 (2) If subsection 27(3) applies in relation to the application for the licence, the Regulator must be satisfied that the construction evaluation for the facility (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the facility for the possession or control.

Note: For whether subsection 27(3) applies, see subsections 27(1) and (4).

 (3) The Regulator must take into account the results of the field exercise provided under subsection 27(6).

46  Additional matters—activity of operating an NNP facility in a designated zone

 (1) This section applies to a licence to authorise a facility activity of operating an NNP facility in a designated zone.

 (2) The Regulator must be satisfied that the evaluation of the readiness of the facility for its proposed operation (as proposed at the time of making the decision to issue the licence) demonstrates the suitability of the facility for its proposed operation.

Note: For the information and documents that the applicant must provide that are relevant to this subsection, see subsection 28(3).

 (3) The Regulator must take into account the results of the field exercise provided under subsection 28(6).

47  Additional matters—activity of decommissioning an NNP facility in a designated zone

 (1) This section applies to a licence to authorise a facility activity of decommissioning an NNP facility in a designated zone.

 (2) The Regulator must take into account:

 (a) the strategy for decommissioning the facility provided under subsection 29(3); and

 (b) the results of the field exercise provided under subsection 29(4).

48  Additional matters—activity of disposing of an NNP facility in a designated zone

 (1) This section applies to a licence to authorise a facility activity of disposing of an NNP facility in a designated zone.

 (2) The Regulator must be satisfied that the evaluation of the decommissioning of the facility demonstrates the suitability of the facility for disposal.

Note: For the information and documents that the applicant must provide that are relevant to this subsection, see subsection 30(3).

 (3) The Regulator must take into account the independent assessment provided under subsection 30(5).

Subdivision C—Licence authorising material activity—additional matters

49  Additional matters—any kind of material activity

  For a licence to authorise any kind of material activity, the Regulator must take into account the following matters:

 (a) the details of the types, categories, forms and quantities of any NNP material or NNP equipment or plant provided under paragraph 31(2)(a);

 (b) the proposed arrangements, described and documented in information and documents provided under paragraph 31(2)(b), for storing, managing and handling any such NNP material or NNP equipment or plant;

 (c) the description and documentation of NNP material or NNP equipment or plant provided under subsection 31(3).

Note: The licence, if issued, would be subject to a condition that the information and documents specified in the relevant item in the table in subsection 31(3) are kept up‑to‑date: see section 86.

Part 4—Conditions applying to licence authorising facility activity or material activity

50  Simplified outline of this Part

A person authorised by an Australian naval nuclear power safety licence to conduct a regulated activity must comply with the conditions of the licence that apply to the person (see sections 23 and 25 of the Act for the offences and civil penalty provisions relating to breach of conditions).

Under section 32 of the Act, a licence is subject to all of the following conditions:

 (a) the condition set out in subsection 32(2) of the Act;

 (b) the conditions prescribed by the regulations;

 (c) conditions specified by the Regulator in the licence at the time of issuing the licence;

 (d) any conditions specified by the Regulator under subsection 34(2) of the Act after the licence is issued.

This Part prescribes conditions for a licence authorising a facility activity or material activity. The conditions apply to the licence holder and may also apply to other persons authorised under the licence. The conditions may apply to:

 (a) all licences authorising a facility activity or material activity (these are set out in Division 2); or

 (b) only licences authorising facility activities or a particular kind of facility activity (these are set out in Division 3); or

 (c) only licences authorising material activities or a particular kind of material activity (these are set out in Division 4); or

 (d) only licences that are transitional licences (these are mainly set out in Division 5).

A licence authorising a facility activity or material activity is also subject to the conditions in section 105 (in Part 5) in relation to nuclear safety incidents that the licence holder is required to report under section 21 of the Act.

51  Application of this Part

  This Part does not apply to a licence authorising a submarine activity.

Note: For the meaning of submarine activity, see section 13 of the Act.

52  Conditions to which a licence authorising a facility activity or material activity is subject

 (1) For the purposes of paragraph 32(1)(b) of the Act, a licence authorising:

 (a) a facility activity; or

 (b) a material activity in a designated zone;

is subject to the conditions prescribed by this Part that are applicable to the activity.

Note: The licence is also subject to conditions relating to a nuclear safety incident that the licence holder must report under section 21 of the Act: see section 105 of this instrument.

 (2) Each condition prescribed by this Part applies to:

 (a) the licence holder; and

 (b) if the condition specifies that it applies to both the licence holder and any other person authorised to conduct the regulated activity—that other person.

 (3) To avoid doubt, if a provision in this Part mentions a period of time during which the licence is in force, the calculation of the period of time is not to include any periods during which the licence is suspended.

Note: A licence is not in force during any period it is suspended (to the extent it is suspended): see subsection 33(3) of the Act.

Division 2—Conditions applying to licence authorising any kind of facility activity or material activity

Subdivision A—General conditions relating to the conduct of the regulated activity

53  General conduct of the regulated activity

  It is a condition that the regulated activity is conducted in accordance with the following:

 (a) radiation exposure resulting from the conduct of the activity is to be controlled and monitored;

 (b) ingestion and inhalation of radioactive material, and absorption of radioactive material through direct contact with intact or broken skin, resulting from the conduct of the activity are to be prevented, or mitigated if prevention is not achievable;

 (c) radiation exposure resulting from the conduct of the activity is to be kept as low as reasonably achievable;

 (d) material contaminated with radioactive material or radionuclides resulting from the conduct of the activity is to be controlled;

 (e) NNP material and NNP equipment or plant is to be controlled;

 (f) the reactivity of naval nuclear propulsion plant is to be controlled;

 (g) the naval nuclear propulsion plant is to be effectively cooled and residual decay heat removed;

 (h) the radioactivity of NNP material and naval nuclear propulsion plant is to be controlled and contained;

 (i) the health, in relation to nuclear safety, of all persons authorised under the licence and all other occupationally exposed persons is to be maintained;

 (j) the public and environment are to be protected from exposure to ionising radiation and harmful non‑ionising radiation resulting from the conduct of the activity;

 (k) hazards or risks that may result in damage to naval nuclear propulsion plant are to be prevented, or mitigated if prevention is not achievable.

Note: There are also nuclear safety duties in Division 2 of Part 2 of the Act that apply to people when they conduct regulated activities.

54  Adequate resources for the safe conduct of the regulated activity

  It is a condition that the licence holder must, at all times during the period of the licence, have, control and maintain adequate financial, human and technical resources to conduct the regulated activity safely.

55  Changes to the conduct of the regulated activity and to systems, arrangements, designs and plans

 (1) This section applies to the following:

 (a) changes related to the conduct of the regulated activity;

 (b) changes to the nuclear safety management system, arrangements or a plan for the regulated activity required under section 60;

 (c) changes to the records management system for the regulated activity required under section 61;

 (d) changes to a plan or design for the regulated activity required under Division 3 of this Part (plans or designs for particular facility activities);

 (e) changes to a plan or arrangements for the regulated activity required under Division 4 of this Part (plans or arrangements for particular material activities).

Changes that must be approved

 (2) It is a condition that the licence holder must comply with subsection (3) if:

 (a) the licence holder proposes to implement or make the changes; and

 (b) for changes to the nuclear safety plan, the radiation protection plan, the emergency management and response plan or the environmental protection plan (which are covered by paragraph (1)(b))—the proposed changes are not insubstantial, insignificant or trivial or a correction of an administrative error; and

 (c) for any other changes not covered by paragraph (b) of this subsection—the proposed changes are significant or may have significant implications for nuclear safety.

 (3) The licence holder must:

 (a) obtain approval from the Regulator before implementing or making the changes; and

 (b) for changes mentioned in paragraphs (1)(b) to (e)—provide the Regulator with any updated documentation of the system, arrangements, design or plan proposed to be changed.

Changes that must be notified

 (4) It is a condition that the licence holder must comply with subsection (5) if:

 (a) the licence holder implements or makes the changes; and

 (b) the changes are:

 (i) not of a kind required to be approved under subsection (3); and

 (ii) not insubstantial, insignificant or trivial; and

 (c) for changes covered by paragraph (1)(a)—the changes modify any NNP facility, NNP material or NNP equipment or plant, that are, or could be, involved in the regulated activity.

 (5) The licence holder must:

 (a) notify the Regulator of the changes implemented or made; and

 (b) for changes mentioned in paragraphs (1)(b) to (e)—provide the Regulator with any updated documentation of the system, arrangements, design or plan.

56  Conducting the regulated activity

  It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must do the following when conducting the regulated activity:

 (a) take all reasonably practicable steps to prevent or minimise human errors and organisational failures in the conduct of the activity;

 (b) take all reasonably practicable steps to prevent or minimise incidents (including accidents, near misses and deficiencies) and to minimise the consequences of any incidents.

57  Nuclear safety site induction

Site inductions

 (1) It is a condition that the licence holder must ensure that all persons entering the site of the regulated activity receive a site induction:

 (a) before first entering the site; and

 (b) if the person has not received a site induction in the previous 12 months—before entering an NNP facility, or interacting with NNP material or NNP equipment or plant, at the site; and

 (c) before interacting with a kind of NNP material or NNP equipment or plant, at the site, if the person has not received a site induction that covered that kind of NNP material or NNP equipment or plant in the previous 12 months.

 (2) The site induction must cover:

 (a) nuclear safety and radiation hazards and risks at the site in relation to the regulated activity and the kinds of NNP material or NNP equipment or plant at the site; and

 (b) for persons at higher risk—the severity of such hazards and risks; and

 (c) how to respond to a nuclear safety incident and any other emergency or incident that could occur in relation to the regulated activity at the site; and

 (d) reporting requirements for nuclear safety incidents and other emergencies or incidents.

Review of induction material and reporting

 (3) It is a condition that the licence holder must review the appropriateness and effectiveness of the induction material:

 (a) after the end of each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued); and

 (b) each time significant changes are required to ensure nuclear safety.

Note: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (4) It is a condition that the licence holder must cause the review to be completed within 3 months after:

 (a) if paragraph (3)(a) applies—the end of the relevant 12 month period; or

 (b) if paragraph (3)(b) applies—the significant change is made.

 (5) It is a condition that the licence holder must, within 14 days of the completion of the review, provide the Regulator with a report on the outcomes of the review that includes details of:

 (a) the assessment of the appropriateness and effectiveness of the material; and

 (b) how any identified deficiencies were, or are proposed to be, rectified.

Note: The licence holder must receive approval from the Regulator before implementing a change identified in the review if the change is significant or may have significant implications for nuclear safety: see section 55.

 (6) However, if the remaining period of the licence, following any periods mentioned in paragraph (3)(a), is 12 months or less, subsections (3) to (5) do not apply to the period.

 (7) If the licence is a transitional licence, this section applies in relation to a review of induction material as if:

58  Warning placards and warning devices

Warning placards

 (1) It is a condition that the licence holder must ensure that a sufficient number of warning placards, in relation to nuclear safety hazards and risks, are prominently displayed in the area in which the regulated activity is conducted.

 (2) It is a condition that the placards must be:

 (a) clearly legible by persons approaching the placard; and

 (b) separate from any other sign or writing that contradicts, qualifies or distracts attention from the placard; and

 (c) located:

 (i) as close as is reasonably practicable to the main entrance of each NNP facility or workspace involved in the activity; and

 (ii) at the entrance to each room or walled section in which NNP material or NNP equipment or plant involved in the activity is used, handled or stored; and

 (iii) on, next to, or at the entrance of, each container or outside storage area in which NNP material or NNP equipment or plant involved in the activity is stored or transported; and

 (iv) at each entrance where an emergency service organisation (within the meaning of the Work Health and Safety Regulations 2011) may enter a NNP facility or workspace involved in the activity.

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must:

 (a) ensure that the placards remain accurate; and

 (b) ensure that the placards are:

 (i) kept clean; and

 (ii) maintained in good repair; and

 (iii) not covered or obscured.

Warning devices

 (4) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must:

 (a) ensure that a sufficient number of warning devices are operational in the area in which the regulated activity is conducted, and during the conduct of the activity, to minimise nuclear safety risks; and

 (b) ensure that each warning device is positioned to ensure that the device will work to best effect; and

 (c) ensure that sufficient information, training and instruction is provided to persons in the area in relation to the use of the devices and responding to warnings; and

 (d) take all reasonable steps to ensure that the warning devices are used in accordance with that information, training and instruction.

Incident review

 (5) If a deficiency in the effectiveness or appropriateness of a warning placard or a warning device may have been a factor in an incident relating to the regulated activity, it is a condition that the licence holder must review the appropriateness and effectiveness of the warning placards or warning devices used at the site of the regulated activity.

Note: The licence holder must receive approval from the Regulator before implementing a change identified in the review if the change is significant or may have significant implications for nuclear safety: see section 55.

59  Radiation monitoring boundaries and exclusion zones

Radiation monitoring boundaries

 (1) It is a condition that the licence holder must have set boundaries for the radiation monitoring of the regulated activity that:

 (a) ensure nuclear safety; and

 (b) are as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (2) It is a condition that the licence holder undertake radiation monitoring of the activity within the boundaries in accordance with the radiation protection plan for the activity.

Note: For the radiation protection plan, see section 60.

Exclusion zones

 (3) It is a condition that the licence holder must set one or more exclusion zones around the boundary of the area in which the regulated activity is conducted that:

 (a) ensure nuclear safety; and

 (b) are as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (4) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must enforce the exclusion zones.

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the set boundaries and the exclusion zones to the Regulator; and

 (b) paragraph (1)(b) applies as if the reference to the set boundaries as proposed at the time of making the decision to issue the licence were a reference to the set boundaries as described and documented in the information and documents provided to the Regulator on the day the Act commences; and

 (c) paragraph (3)(b) applies as if the reference to the exclusion zones as proposed at the time of making the decision to issue the licence were a reference to the exclusion zones as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Subdivision B—Conditions relating to nuclear management system, arrangements and plans for the activity

60  Nuclear safety management system, arrangements and plans for the conduct of the activity

 (1) It is a condition that the regulated activity is conducted in accordance with each of the following:

 (a) a nuclear safety management system;

 (b) arrangements for organisational and human control of the activity;

 (c) a regulatory compliance plan;

 (d) a supply chain management plan;

 (e) a nuclear safety plan;

 (f) a radiation protection plan;

 (g) a radioactive waste management plan;

 (h) a security plan;

 (i) an emergency management and response plan;

 (j) an environmental protection plan;

 (k) an insolvency plan.

Note: The regulated activity must also be conducted in accordance with obligations imposed by other laws. The regulatory compliance plan mentioned in paragraph (c) deals with compliance with Commonwealth law and regulatory requirements: see subsection (3).

General requirements for systems, arrangements and plans

 (2) It is a condition that each system, arrangements and plan mentioned in subsection (1):

 (a) be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (ii) to comply with a condition specified by the Regulator for the purposes of subsection 34(2) of the Act; and

 (b) be effectively implemented and maintained throughout the period of the licence.

Note 1: No condition in this section that relates to the system, arrangements or plan limits what the licence holder may otherwise choose to deal with in the system, arrangements or plan.

Note 2: The system, arrangements and plans must be audited and reviewed: see section 68.

Specific requirements for each system, arrangements and plan

 (3) It is a condition that the system, arrangements or plan specified in an item in the following table complies with the requirement specified in that item.

• Requirements for systems, arrangements and plans
• Item Column 1The… Column 2must…
• 1 nuclear safety management system ensure control of the activity
• 2 arrangements for organisational and human control of the activity maintain control of the organisation and nuclear safety
• 3 regulatory compliance plan ensure continual compliance with Commonwealth law and regulatory requirements
• 4 supply chain management plan ensure effective supply chains
• 5 nuclear safety plan (a) ensure that:(i) the activity is conducted safely; and(ii) radiation exposure is kept as low as reasonably achievable within the applicable dose limits (see Subdivision D); and(b) include a safety case for the activity that deals with any hazards or risks
• 6 radiation protection plan ensure:(a) radiation protection to prevent harmful or accidental irradiation of any person; and(b) radiation exposure is kept as low as reasonably achievable
• 7 radioactive waste management plan ensure effective radioactive waste management
• 8 security plan ensure the security of any NNP facilities, NNP material and NNP equipment or plant that are, or could be, involved in the activity
• 9 emergency management and response plan ensure that the management of, and response to, emergencies removes or minimises risk or harm to persons or the environment
• 10 environmental protection plan ensure environmental management and protection
• 11 insolvency plan eliminate or reduce the risk to nuclear safety from potential insolvency, by making effective arrangements for:(a) potential insolvency of the licence holder; and(b) the impact of insolvency of the licence holder on nuclear safety; and(c) indemnities in relation to the regulated activity

 (4) If the licence is a transitional licence:

 (a) the condition in subsection (1) in relation to the arrangements and plans mentioned in paragraphs (1)(b), (c), (d) and (k) does not apply until the day that is 6 months after the commencement of the Act; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide information and documents that describe and document those arrangements and plans to the Regulator; and

 (c) paragraph (2)(a) applies in relation to those arrangements and plans as if the reference to the arrangements or plan as proposed at the time of making the decision to issue the licence were a reference to the arrangements or plan as provided to the Regulator on the day that is 6 months after the commencement of the Act.

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the nuclear safety management system and the plans mentioned in paragraphs (1)(a), (e), (f), (g), (h), (i) and (j) to the Regulator; and

 (b) paragraph (2)(a) applies to that system and those plans as if the reference to the system or plan as proposed at the time of making the decision to issue the licence were a reference to the system or plan as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Subdivision C—Conditions relating to reporting, record keeping, audit and review

61  Records management system

Records management system

 (1) It is a condition that records relating to the conduct of the regulated activity are kept in the records management system for the activity.

 (2) It is a condition that the records management system for the activity must:

 (a) ensure that:

 (i) records of all matters of significance in relation to the regulated activity are kept; and

 (ii) all records remain accessible in Australia for at least 90 years or, if the record relates to radiation monitoring or exposure to radiation, for at least 180 years; and

 (iii) all records relating to nuclear safety are traceable in respect of the information they contain; and

 (iv) in the event that the licence expires or is surrendered or cancelled, or the licence holder ceases to exist, all records remain accessible in Australia and are transferrable to the Regulator; and

 (b) be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

Note: Paragraph (a) does not limit what the licence holder may otherwise choose to deal with in the system.

 (3) It is a condition that the licence holder must ensure that the records management system is effectively implemented and maintained throughout the period of the licence.

Note: The records management system must be audited and reviewed every 3 years: see section 68.

Access on request

 (4) It is a condition that the licence holder must provide access to records relating to nuclear safety and radiation protection to the Regulator on request.

62  Information and documents on request

 (1) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must provide the following information and documents if requested by the Regulator:

 (a) information and documents that describe and document how a condition to which the licence is subject has been, or is being, complied with;

 (b) information that describes how international best practice in relation to nuclear safety has been considered:

 (i) in implementing or maintaining systems, arrangements or plans required under this Part; and

 (ii) in conducting the regulated activity;

 (c) records of doses (both occupational and otherwise) to persons in relation to the conduct of the regulated activity;

 (d) records of any incidents (including accidents, near misses and deficiencies) in relation to the regulated activity and the consequences and management of those incidents;

 (e) any other information or document that is necessary to assist the Regulator to perform any of the Regulator’s functions to ensure nuclear safety.

Discussions with subject matter experts

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must, if requested by the Regulator in relation to a request by the Regulator for information under subsection (1), facilitate discussions between the Regulator and a subject matter expert in relation to that area of inquiry who is:

 (a) nominated by the Regulator; or

 (b) if the Regulator requests, nominated by the licence holder or other person.

 (3) If the Regulator makes a request for the purposes of paragraph (2)(b), the licence holder or person must nominate a suitably qualified and experienced subject matter expert as soon as practicable, and in any event within 14 days of the request.

63  Reporting—potential serious impacts and breaches

Potential serious impacts to nuclear safety or radiation protection

 (1) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person becomes aware of any event or circumstance (including a near miss), that:

 (a) may seriously impact, or could have seriously impacted, nuclear safety or radiation protection; and

 (b) that occurs in relation to:

 (i) the regulated activity; or

 (ii) any NNP facility, NNP material or NNP equipment or plant, involved in the conduct of the activity;

the licence holder or other person must immediately report the event or circumstance to the Regulator.

Note: The licence holder must immediately report any nuclear safety incident that occurs in relation to the regulated activity authorised by the licence: see section 21 of the Act and section 104 of this instrument.

Breach of licence condition

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person becomes aware of a breach of a condition to which the licence is subject, the licence holder or other person must report the breach to the Regulator as soon as possible after becoming aware.

Suspected breach of licence condition

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person suspects that a breach of a condition to which the licence is subject may have occurred, the licence holder or other person must, as soon as practicable after forming the suspicion:

 (a) investigate the suspected breach; and

 (b) report their findings to the Regulator.

Serious offences and contraventions of serious civil penalty provisions

 (4) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that if the licence holder or other authorised person suspects that:

 (a) the licence holder, or any other person authorised under the licence, has committed or is committing a serious offence against a Commonwealth, State or Territory law; or

 (b) the licence holder, or any other person authorised under the licence, has contravened or is contravening a serious civil penalty provision of a Commonwealth, State or Territory law;

the licence holder or the other authorised person must report their suspicion to the Regulator within 28 days of forming the suspicion.

 (5) It is a condition that the licence holder must report to the Regulator any proceedings against the licence holder for a serious offence against, or contravention of a serious civil penalty provision of, a Commonwealth, State or Territory law within 28 days of the proceeding being brought.

 (6) A serious offence is an offence against the law of the Commonwealth, a State or a Territory that:

 (a) is an offence involving fraud or dishonesty punishable by imprisonment for life or for a period, or a maximum period, of at least 3 months; or

 (b) is an offence punishable by imprisonment for life or for a period, or a maximum period, of at least 3 years.

 (7) A serious civil penalty provision is a civil penalty provision of a Commonwealth, State or Territory law with a maximum penalty that is at least equivalent to 5,000 penalty units.

64  Reporting—incidents

Periodic review and reporting of incidents

 (1) It is a condition that the licence holder must:

 (a) for each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued)—review:

 (i) all incidents (for example, accidents, near misses and deficiencies) that occurred in relation to the regulated activity during that period; and

 (ii) the management and consequences of those incidents; and

  (b) provide the Regulator, by the day that is 28 days after the end of the period, with a report on the outcomes of the review that includes details of:

 (i) key themes and trends identified for the period; and

 (ii) any practices or procedures that have had a significant number of near misses or deficiencies which has resulted in increased nuclear safety and radiation protection risks; and

 (iii) how any identified deficiencies were, or are proposed to be, rectified.

Note: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (2) However, if the remaining period of the licence, following any periods mentioned in paragraph (1)(a), is 12 months or less, subsection (1) does not apply to the period.

Report on investigation of incident

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person receives a report on:

 (a) an internal investigation of an incident in relation to the regulated activity; or

 (b) an investigation by a Commonwealth, State or Territory agency (other than the Regulator) of an incident in relation to the regulated activity;

the licence holder or other person must provide the report to the Regulator within 14 days after receiving the report.

 (4) If the licence is a transitional licence, this section applies in relation to a review of incidents and the management and consequences of those incidents as if:

65  Reporting—holdings of radioactive waste awaiting disposal

Reporting holdings of radioactive waste

 (1) It is a condition that the licence holder report to the Regulator, at the end of each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued):

 (a) the amount of radioactive waste from the regulated activity that is in a designated zone at that time, awaiting disposal; and

 (b) a description of the kind of the waste and its hazard level and classification.

Note: The calculation of a period mentioned in this subsection is not to include any periods during which the licence is suspended: see subsection 52(3).

 (2) However, if the remaining period of the licence, following any periods mentioned in subsection (1), is 12 months or less, subsection (1) does not apply to the period.

 (3) If the licence is a transitional licence, this section applies as if:

66  Reporting—change of office holder with control of activity

 (1) If the person who is the office holder of the licence holder that has organisational, financial and operational control of the conduct of the regulated activity changes, it is a condition that the licence holder must:

 (a) notify the Regulator; and

 (b) provide details of the new office holder to the Regulator.

 (2) It is a condition that the licence holder must notify the Regulator and provide the details:

 (a) at least 6 weeks before the change; or

 (b) if the licence holder was not aware of the change 6 weeks before—as soon as practicable after becoming aware.

67  Reporting—final report for final period of licence

 (1) This section does not apply in relation to a licence that is cancelled by the Regulator.

 (2) It is a condition that the licence holder must provide to the Regulator, in accordance with subsection (3), a final report relating to the regulated activity.

 (3) The final report must be provided by the day that is 28 days before the following:

 (a) if the licence holder intends to surrender the licence under section 37 of the Act—the day the licence is surrendered;

 (b) otherwise—the day the licence will cease under paragraph 33(2)(b) of the Act.

68  Nuclear safety management system, arrangements, plans and records management system must be audited and reviewed

 (1) This section applies in relation to all of the following:

 (a) the nuclear safety management system, arrangements and each plan for the activity required under section 60;

 (b) the records management system for the activity required under section 61;

 (c) each plan for the activity required under Division 3 of this Part (plans for particular facility activities);

 (d) each plan or arrangements for the activity required under Division 4 of this Part (plans or arrangements for particular material activities).

 (2) It is a condition that the licence holder must, in accordance with subsection (3):

 (a) audit the implementation of the system, arrangements or plan; and

 (b) review the appropriateness and effectiveness of the system, arrangements or plan.

 (3) The audit and review must be undertaken:

 (a) for a plan mentioned in paragraph 60(1)(f), (i) or (j)—for each period of 12 months during which the licence is in force;

 (b) otherwise—for each period of 3 years during which the licence is in force;

with the first of those periods beginning on the day the licence is issued.

Note 1: The plans mentioned in paragraph 60(1)(f), (i) and (j) are the radiation protection plan, the emergency management and response plan and the environmental protection plan.

Note 2: The calculation of a period mentioned in paragraph (a) or (b) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (4) It is a condition that the licence holder must cause the audit and review to be completed within 3 months after the end of the period to which the audit and review relates.

 (5) It is a condition that the licence holder must, within 14 days after the completion of the audit and review, provide the Regulator with a report on the outcomes of the audit and review that includes details of:

 (a) the assessment of the implementation of the system, arrangements or plan; and

 (b) the assessment of the appropriateness and effectiveness of the system, arrangements or plan; and

 (c) how any identified deficiencies were, or are proposed to be, rectified.

 (6) However:

 (a) if, apart from this paragraph, paragraph (3)(a) would apply—if the remaining period of the licence, following any periods mentioned in paragraph (3)(a), is 12 months or less, subsections (3) to (5) do not apply to the period; and

 (b) if, apart from this paragraph, paragraph (3)(b) would apply—if the remaining period of the licence, following any periods mentioned in paragraph (3)(b), is 3 years or less, subsections (3) to (5) do not apply to the period.

 (7) If the licence is a transitional licence, this section applies in relation to an audit and review as if:

Subdivision D—Conditions relating to dose limits

69  Dose limits

 (1) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that radiation protection, in relation to the conduct of the regulated activity, is optimised:

 (a) to achieve the outcome that all of the following are kept as low as reasonably achievable:

 (i) the magnitude of individual doses;

 (ii) the number of people who are exposed;

 (iii) the likelihood of incurring exposures to ionising radiation and harmful non‑ionising radiation; and

 (b) in accordance with the limits in this Subdivision; and

 (c) if the Regulator has specified, as a condition for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act, that other codes or standards for dose limits must be complied with—in accordance with those codes or standards.

Note 1: Records must be kept: see section 61.

Note 2: Any moderate or significant increase in the magnitude of individual doses, or the number of people who are exposed, must be reported to the Regulator: see section 76.

Note 3: If the significant increase involves a breach of dose limits, this must also be reported to the Regulator: see section 76.

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that exposure (both occupational and public) to harmful non‑ionising radiation produced by any NNP equipment or plant that are involved in the conduct of the regulated activity is kept as low as reasonably achievable within applicable dose limits.

Note: Any moderate or significant increase in the magnitude of individual doses, or the number of people who are exposed, from the NNP equipment or plant must be reported to the Regulator: see section 76.

70  Dose limits—facility activity

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that the doses that a person (whether or not an occupationally exposed person) receives from ionising radiation inside, or in connection with, the NNP facility, do not exceed the applicable dose limits in sections 72 and 73.

Note:  A significant increase in the magnitude of individual doses that involves a breach of dose limits must also be reported to the Regulator: see section 76.

71  Dose limits—activity of having possession or control of NNP material or NNP equipment or plant

 (1) This section applies if the regulated activity authorised by the licence is the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must ensure that the doses that a person (whether or not an occupationally exposed person) is exposed to from ionising radiation from the NNP material or the NNP equipment or plant do not exceed the applicable dose limits in sections 72 and 74.

Note:  A significant increase in the magnitude of individual doses that involves a breach of dose limits must also be reported to the Regulator: section 76.

72  Effective dose limits for ionising radiation

Limit for occupational exposure of persons who are at least 18

 (1) Subject to subsections (4) and (6), the effective dose for occupational exposure of a person who is at least 18 years old must not be greater than 20 mSv annually, averaged over 5 consecutive years.

 (2) However, subject to subsection (6), the effective dose for a person who is at least 18 years old subject to occupational exposure must not, in a year, be greater than 50 mSv.

Limit for occupational exposure of persons who are 16 or 17

 (3) Subject to subsection (4), the effective dose for occupational exposure of a person who is 16 or 17 years old must not be greater than 6 mSv annually.

Limit for occupational exposure of persons declared to be pregnant or breastfeeding

 (4) The effective dose for occupational exposure of a person who has declared to the licence holder that the person is pregnant or breastfeeding must not be greater than 1 mSv annually.

Limit for public exposure

 (5) Subject to subsection (6), the effective dose for public exposure (including of an unborn child) must not be greater than 1 mSv annually.

Limit for emergency workers and helpers

 (6) The effective dose for exposure of a person who undertakes an action mentioned in column 1 of an item in the following table must not be greater than as set out in column 2 of that item.

• Limit for emergency workers and helpers
• Item Column 1Action Column 2Limit
• 1 An emergency worker undertaking mitigatory actions and urgent protective actions on‑site during a nuclear or radiological emergency, including:(a) lifesaving actions; and(b) actions to prevent serious injury; and(c) actions to prevent the development of catastrophic conditions that could significantly affect people and the environment, and(d) actions to prevent severe tissue reactions that the worker considers is unlikely to result in serious injury (a) in relation to actions of a kind mentioned in paragraph (a), (b) or (c) of column 1 of this item—500 mSv during the nuclear or radiological emergency;(b) in relation to all other actions—50 mSv during the nuclear or radiological emergency
• 2 An emergency worker or helper undertaking urgent or early protective actions during the emergency response phase of a nuclear or radiological emergency 50 mSv during the nuclear or radiological emergency
• 3 An emergency worker undertaking long‑term recovery operations during transition or termination phases of a nuclear or radiological emergency and beyond 20 mSv annually, averaged over 5 consecutive years

Note: A nuclear or radiological emergency is a nuclear safety incident: see subsection 21(2) of the Act.

 (7) An emergency worker includes:

 (a) a person authorised to conduct the regulated activity; and

 (b) a person employed, either directly or indirectly, by a licence holder; and

 (c) personnel of a response organisation, such as a police officer, firefighter, medical personnel, and a driver or a crew of a vehicle used for evacuation.

73  Effective doses

 (1) For the purposes of section 72, a person’s effective dose for a period that is relevant to the person under subsection (2) of this section is the sum of:

 (a) the effective dose that the person receives, from a source outside the person’s body, during the relevant period; and

 (b) the person’s committed effective dose, received from intakes during the relevant period, for the next 50 years.

 (2) For the purposes of subsection (1), a period that is relevant to a person is:

 (a) if the person is an occupationally exposed person—5 years; or

 (b) if the person is a member of the public—1 year.

 (3) Despite paragraph (1)(b), if the person is under 18 years of age, the committed effective dose must be worked out on the basis of the number of years calculated by subtracting the person’s age, at the time of the calculation, from 70.

74  Annual equivalent dose limit for ionising radiation

Limit for occupational exposure of the lens of the eye

 (1) For occupational exposure, the equivalent dose to the lens of the eye must not be greater than 20 mSv annually, averaged over 5 consecutive years.

 (2) However, the equivalent dose to the lens of the eye for a person subject to occupational exposure must not, in a year, be greater than 50 mSv.

Limit for public exposure of the lens of the eye

 (3) The equivalent dose to the lens of the eye for a person subject to public exposure must not, in a year, be greater than 15 mSv.

Limit for occupational exposure of hands and feet

 (4) For occupational exposure, the annual equivalent dose to the hands and feet must not be greater than 500 mSv.

Limits for occupational exposure and public exposure of skin

 (5) The annual equivalent dose to the skin must not be greater than:

 (a) for occupational exposure—500 mSv; and

 (b) for public exposure—50 mSv.

 (6) The annual equivalent dose limit to the skin applies to the average dose received by any 1 cm2 of skin.

Exception for emergency workers and helpers

 (7) This section is subject to subsection 72(6).

75  Occupationally exposed persons

 (1) It is a condition that the licence holder must:

 (a) identify all persons (the occupationally exposed persons) who are, or could be, occupationally exposed to ionising radiation or high levels of non‑ionising radiation in relation to the conduct of the regulated activity; and

 (b) ensure that each occupationally exposed person’s age, and whether they have declared that they are pregnant or breastfeeding, can be effectively taken into account for the purposes of keeping exposure as low as reasonably achievable within the applicable dose limits; and

 (c) provide for a personal radiation monitoring service for each occupationally exposed person; and

 (d) record doses received by each occupationally exposed person, including results from the personal radiation monitoring and how doses were calculated; and

 (e) register each occupationally exposed person on the Australian National Radiation Dose Register; and

 (f) provide data on doses received by each occupationally exposed person to the Australian National Radiation Dose Register:

 (i) at least once every 3 months during which the licence is in force (beginning on the day the licence is issued); or

 (ii) if the Regulator has specified, as a condition for the purposes of paragraph 32(1)(c) or subsection 34(2) of the Act, that the licence holder must provide data more frequently—at least as frequently as specified.

Note: The calculation of a period mentioned in subparagraph (f)(i) is not to include any periods during which the licence is suspended: see subsection 52(3).

Dose record to be provided to occupationally exposed person

 (2) It is a condition that the licence holder provides a copy of the dose record of an occupationally exposed person to the person:

 (a) annually until termination of the person’s employment or contract; and

 (b) at the termination of the person’s employment or contract; and

 (c) on request at any time during the period of the licence.

Audit and review

 (3) It is a condition that the licence holder must:

 (a) for each period of 12 months during which the licence is in force (with the first of those periods beginning on the day the licence is issued), audit and review the doses received by occupationally exposed persons during that period for the purposes of optimising radiation protection in relation to the conduct of the regulated activity as required under subsection 69(1); and

 (b) cause the audit and review to be completed within 3 months after the end of the period to which the audit and review relates; and

 (c) within 14 days after the completion of the audit and review, provide the Regulator with a report on the outcomes of the review that includes details of:

 (i) the assessment of the doses received; and

 (ii) how any identified deficiencies in the optimisation of radiation protection were, or are proposed to be, rectified.

Note 1: The licence holder must receive approval from the Regulator before making a change identified in the review that is significant or may have significant implications for nuclear safety: see section 55.

Note 2: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

 (4) However, if the remaining period of the licence, following any periods mentioned in paragraph (3)(a), is 12 months or less, subsection (3) does not apply to the period.

 (5) If the licence is a transitional licence, this section applies as if:

76  Reporting—increases in radiation exposure

 (1) Subsection (2) applies if the licence holder or any other person authorised to conduct the regulated activity becomes aware of any moderate or significant increase in the magnitude of individual doses or in the number of people who are exposed:

 (a) in relation to the conduct of the regulated activity; or

 (b) from any NNP material or NNP equipment or plant that are involved in the conduct of the regulated activity.

 (2) It is a condition applying to both the licence holder and the other person that the licence holder or person must report the increase to the Regulator:

 (a) if the increase is significant—immediately after becoming aware of the increase; or

 (b) if the increase is moderate—within 24 hours after becoming aware of the increase.

 (3) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that if the significant increase involves:

 (a) a person (whether or not an occupationally exposed person) being exposed to doses of a magnitude that breaches a condition in section 70 or 71 that applies to the licence holder or the other authorised person; or

 (b) any other breach of a condition relating to dose limits that applies to the licence holder or the other authorised person;

the licence holder or the other authorised person must also report that fact under subsection (2).

Division 3—Additional conditions applying to licence authorising facility activity

77  Additional conditions for any kind of facility activity—risk levels and activity levels

 (2) It is a condition that the licence holder must maintain a current description of the level of nuclear safety risk posed by the regulated activity, having regard to the matters in paragraph 24(3)(b).

 (3) It is a condition that the licence holder must measure and record the activity levels of the NNP facility.

78  Additional conditions for any kind of facility activity—sale, transfer or abandonment of a site, NNP facility or proposed NNP facility

Sale or transfer by licence holder

 (2) It is a condition that the licence holder must notify the Regulator of the proposed sale or transfer of:

before it is sold or transferred.

 (3) It is a condition that the licence holder must not sell or transfer:

other than to a Commonwealth‑related person that holds a licence authorising the conduct of a facility activity involving the site, NNP facility or proposed NNP facility.

Site, facility or proposed facility not to be abandoned

 (4) It is a condition that:

is not abandoned.

No sale or transfer by person authorised under licence

 (5) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that the other authorised person must not sell or transfer:

 (b) the NNP facility or proposed NNP facility.

79  Additional conditions—activity of preparing a site for an NNP facility in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of preparing a site for an NNP facility in a designated zone.

Plan for preparing the site

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for preparing the site for the proposed NNP facility.

 (3) It is a condition that the plan for preparing the site must ensure nuclear safety during the preparation of the site.

 (4) It is a condition that the licence holder must ensure that the plan for preparing the site is effectively implemented and maintained throughout the period of the licence.

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the plan for preparing the site for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide a preliminary decommissioning plan for the proposed NNP facility to the Regulator.

80  Additional conditions—activity of constructing an NNP facility in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of constructing an NNP facility in a designated zone.

Design of the proposed NNP facility (construction)

 (2) It is a condition that the regulated activity is conducted in accordance with the design of the proposed NNP facility (that ensures nuclear safety of the facility and its proposed operation), as that design is proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

Construction plan

 (3) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the construction plan for the facility.

 (4) It is a condition that the construction plan must ensure nuclear safety during the construction of the facility.

 (5) It is a condition that the licence holder must ensure that the construction plan is effectively implemented and maintained throughout the period of the licence.

Construction of items important for nuclear safety

 (6) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that the licence holder or other person must not, as part of the construction of the facility, construct an item that is important for nuclear safety unless the licence holder or other person has obtained the approval of the Regulator to construct the item.

Permit to establish facility

 (7) If the permit under the Nuclear Non‑Proliferation (Safeguards) Act 1987 to establish the facility was not provided to the Regulator under section 16 of this instrument, it is a condition that the licence holder must provide the permit to the Regulator before conducting the activity.

 (8) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide the following to the Regulator:

 (i) information and documents that describe and document the construction plan for the proposed NNP facility;

 (ii) the design of the proposed NNP facility that ensures nuclear safety of the facility and its proposed operation, as in effect immediately before the day the Act commences; and

 (b) subsection (7) applies as if the reference to the licence holder providing the permit to the Regulator before conducting the activity were a reference to the licence holder providing the permit to the Regulator on the day the Act commences; and

 (c) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide a preliminary decommissioning plan for the proposed NNP facility to the Regulator.

81  Additional conditions—activity of having possession or control of an NNP facility in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of having possession or control of an NNP facility in a designated zone.

Possession or control period plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the possession or control period plan for the facility.

 (3) It is a condition that the possession or control period plan must ensure nuclear safety during the possession or control period.

 (4) It is a condition that the licence holder must ensure that the possession or control period plan is effectively implemented and maintained throughout the period of the licence.

What must occur before any NNP facility or NNP equipment or plant is tested or operated

 (5) It is a condition that the licence holder must ensure that no NNP facility or NNP equipment or plant involved in the conduct of the activity is tested or operated unless:

 (a) effective safety mechanisms, devices or circuits are connected to the facility or equipment or plant to prevent or mitigate any nuclear safety hazards or risks and those mechanisms, devices or circuits are in good working order; and

 (b) if the Regulator requests the licence holder to demonstrate that paragraph (a) has been complied with before the testing or operation—the licence holder provides the Regulator with information or documents to demonstrate that compliance.

 (6) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the possession or control period plan for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide the following to the Regulator:

 (i) if a licence authorising the operation of the facility has never been issued under the Australian Radiation Protection and Nuclear Safety Act 1998—a preliminary operational plan for the NNP facility;

 (ii) a preliminary decommissioning plan for the NNP facility;

 (iii) a preliminary disposal plan for the NNP facility.

82  Additional conditions—activity of operating an NNP facility in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of operating an NNP facility in a designated zone.

Commissioning plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the commissioning plan for the facility.

 (3) It is a condition that the commissioning plan must ensure nuclear safety during the commissioning of the facility.

Operational plan

 (4) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the operational plan for the facility.

 (5) It is a condition that the operational plan must ensure nuclear safety during the operation of the facility.

Plans must be implemented and maintained

 (6) It is a condition that the licence holder must ensure that the commissioning plan and the operational plan are effectively implemented and maintained throughout the period of the licence.

Note: The plans must be audited and reviewed every 3 years: see section 68.

 (7) If the licence is a transitional licence:

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the commissioning plan for the facility and the operational plan for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide the following to the Regulator:

 (i) a preliminary decommissioning plan for the NNP facility;

 (ii) a preliminary disposal plan for the NNP facility.

83  Additional conditions—activity of decommissioning an NNP facility in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of decommissioning an NNP facility in a designated zone.

Decommissioning plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the decommissioning plan for the facility.

 (3) It is a condition that the decommissioning plan must ensure nuclear safety during and after the decommissioning of the facility.

 (4) It is a condition that the licence holder must ensure that the decommissioning plan is effectively implemented and maintained throughout the period of the licence.

 (a) it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the decommissioning plan for the facility to the Regulator; and

 (b) it is a condition that the licence holder must, on the day that is 6 months after the commencement of the Act, provide a preliminary disposal plan for the NNP facility to the Regulator.

84  Additional conditions—activity of disposing of an NNP facility in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the facility activity of disposing of an NNP facility in a designated zone.

Disposal plan

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the disposal plan for the facility.

 (3) It is a condition that the disposal plan must ensure nuclear safety during and after the disposal of the facility.

 (4) It is a condition that the licence holder must ensure that the disposal plan is effectively implemented and maintained throughout the period of the licence.

Final disposal and post closure report

 (5) It is a condition that the licence holder provide to the Regulator a final disposal and post closure report by the day that is 28 days after the later of the following:

 (a) the completion of the final actions to be taken under the disposal plan;

 (b) if, under a law of the Commonwealth or a State or Territory, an environmental impact assessment of the site following disposal of the NNP facility would be required—the issuing, by a Commonwealth, State or Territory agency, of a notice of the agency’s decision in relation to the assessment that has been undertaken.

 (6) It is a condition that the final disposal and post closure report include a copy of the notice of the decision mentioned in paragraph (5)(b).

 (7) If the licence is a transitional licence, it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the disposal plan for the facility to the Regulator.

85  Additional conditions—general requirements for plans required under this Division

 (1) This section applies in relation to each plan for the regulated activity required under this Division.

 (2) It is a condition that the plan must be as proposed at the time of making the decision to issue the licence, as changed from to time to time by the licence holder:

 (3) If the licence is a transitional licence, subsection (2) applies as if the reference to the plan as proposed at the time of making the decision to issue the licence were a reference to the plan as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Note: For the requirements to provide such information and documents to the Regulator, see subsections 79(5), 80(8), 81(6), 82(7), 83(5) and 84(7).

Division 4—Additional conditions applying to licence authorising material activity

86  Additional conditions for any kind of material activity—maintaining inventory, information and documents

 (2) It is a condition that the licence holder must:

 (a) maintain a current inventory of any NNP material and NNP equipment or plant involved in the activity; and

 (b) keep the information and documents specified in column 2 of the item in the table in subsection 31(3) up‑to‑date for any such NNP material and NNP equipment or plant.

 (3) If the licence is a transitional licence, it is a condition that the licence holder must, on the day the Act commences, provide to the Regulator the information and documents specified in column 2 of the item in the table in subsection 31(3) for any NNP material and NNP equipment or plant involved in the activity.

87  Additional conditions for any kind of material activity—storing, managing and handling NNP material or NNP equipment or plant

 (2) It is a condition that the regulated activity is conducted in accordance with the arrangements for storing, managing and handling of any NNP material or NNP equipment or plant involved in the conduct of the activity.

 (3) It is a condition that the arrangements must be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (4) It is a condition that the licence holder must ensure that the arrangements are effectively implemented and maintained throughout the period of the licence.

Note: The arrangements must be audited and reviewed every 3 years: see section 68.

88  Additional conditions for any kind of material activity—field exercises

 (2) It is a condition that the licence holder must:

 (a) ensure that a field exercise is conducted every 2 years during which the licence is in force (beginning on the day the licence is issued), for the purpose of testing the emergency management and response plan for the activity; and

 (b) if the results of the field exercise indicate that the emergency management and response plan, or any other system, arrangements or plan mentioned in section 60, needs to be changed—proceed to change the system, arrangements or plan in accordance with section 55.

Note: The calculation of a period mentioned in paragraph (a) is not to include any periods during which the licence is suspended: see subsection 52(3).

89  Additional conditions for any kind of material activity—transport or movement of naval nuclear propulsion plant

 (1) This section applies:

 (a) if the regulated activity authorised by the licence is a material activity; and

 (b) the activity includes:

 (i) the movement within a designated zone of naval nuclear propulsion plant; or

 (ii) the transport of naval nuclear propulsion plant into, or out of, a designated zone, other than on an operational AUKUS submarine.

 (2) It is a condition that the licence holder must, before a particular movement or transport of naval nuclear propulsion plant:

 (a) submit to the Regulator a plan and arrangements for the particular movement or transport; and

 (b) obtain the approval of the Regulator for:

 (i) the plan and arrangements; and

 (ii) the movement or transport.

 (3) It is a condition that the movement or transport of naval nuclear propulsion plant is conducted in accordance with the plan and arrangements as approved by the Regulator.

90  Additional conditions for any kind of material activity—transport of NNP material and NNP equipment or plant only as approved

 (1) This section applies:

 (a) if the regulated activity authorised by the licence is a material activity; and

 (b) the activity includes the transport into, or out of, a designated zone of NNP material or NNP equipment or plant not covered by section 89, other than on an operational AUKUS submarine.

 (2) It is a condition that the licence holder must obtain the approval of the Regulator for the transport of the NNP material or NNP equipment or plant before it is transported into, or out of, the designated zone.

Note: The transport must also be in accordance with the transport management plan for the activity: see section 91.

91  Additional conditions for any kind of material activity—transport management and movement plans

 (2) This section does not apply to naval nuclear propulsion plant (which is dealt with in section 89).

Transport management plan

 (3) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the transport management plan for transporting NNP material or NNP equipment or plant into, or out of, a designated zone for the activity.

Note 1: NNP material and NNP equipment or plant (other than naval nuclear propulsion plant) may only be transported into, or out of, the designated zone in which the activity is conducted with the Regulator’s approval: see section 90.

Note 2: The transport of naval nuclear propulsion plant requires a specific plan, arrangements and the approval of the Regulator for each transport: see section 89.

 (4) It is a condition that the transport management plan must ensure nuclear safety during, and control of, the transport of the NNP material or NNP equipment or plant into, or out of, the designated zone in which the regulated activity is conducted.

Movement plan

 (5) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the movement plan for moving NNP material or NNP equipment or plant within a designated zone for the activity.

Note: The movement of naval nuclear propulsion plant requires a specific plan, arrangements and the approval of the Regulator for each movement: see section 89.

 (6) It is a condition that the movement plan must ensure nuclear safety during, and control of, the movement of the NNP material or NNP equipment or plant within the designated zone in which the regulated activity is conducted.

Other requirements for plans

 (7) It is a condition that the licence holder must ensure that the transport management plan and the movement plan are effectively implemented and maintained throughout the period of the licence.

Note: The plans must be audited and reviewed every 3 years: see section 68.

 (8) If the licence is a transitional licence it is a condition that the licence holder must, on the day the Act commences, provide information and documents that describe and document the transport management plan and the movement plan for the activity to the Regulator.

92  Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—sale, transfer or abandonment

 (1) This section applies if the regulated activity authorised by the licence is the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

Sale or transfer by licence holder

 (2) It is a condition that the licence holder must obtain approval from the Regulator for the sale or transfer of naval nuclear propulsion plant before it is sold or transferred.

 (3) It is a condition that the licence holder must notify the Regulator of the proposed sale or transfer of NNP material, or NNP equipment or plant not covered by subsection (2), before it is sold or transferred.

 (4) It is a condition that the licence holder must not sell or transfer NNP material, or NNP equipment or plant not covered by subsection (2), other than to a Commonwealth‑related person that holds a licence authorising the conduct of a material activity involving the NNP material or NNP equipment or plant.

Material, equipment or plant not to be abandoned

 (5) It is a condition that the NNP material or NNP equipment or plant is not abandoned.

No sale or transfer by person authorised under licence

 (6) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that the other authorised person must not sell or transfer the NNP material or NNP equipment or plant.

93  Additional conditions for activity of having possession or control of NNP material or NNP equipment or plant—plan for possession or control

 (1) This section applies if the regulated activity authorised by the licence is the material activity of having possession or control of NNP material or NNP equipment or plant in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for the possession or control of the NNP material or NNP equipment or plant.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

94  Additional conditions—activity of using NNP material in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the material activity of using NNP material in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for using the NNP material.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

95  Additional conditions—activity of using or operating NNP equipment or plant in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the material activity of using or operating NNP equipment or plant in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for using or operating the NNP equipment or plant.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

96  Additional conditions—activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone

 (1) This section applies if the regulated activity authorised by the licence is the material activity of maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone.

 (2) It is a condition that the regulated activity is, so far as reasonably practicable, conducted in accordance with the plan for maintaining, storing or disposing of NNP material or NNP equipment or plant.

 (4) It is a condition that the licence holder must ensure that the plan is effectively implemented and maintained throughout the period of the licence.

97  Additional conditions—general requirements for certain plans required under this Division

 (1) This section applies in relation to each plan for the regulated activity required under this Division, other than a plan required under section 89.

 (2) It is a condition that the plan must be as proposed at the time of making the decision to issue the licence, as changed from time to time by the licence holder:

 (3) If the licence is a transitional licence, subsection (2) applies as if the reference to the plan as proposed at the time of making the decision to issue the licence were a reference to the plan as described and documented in the information and documents provided to the Regulator on the day the Act commences.

Note: For the requirements to provide such information and documents to the Regulator, see subsection 91(8).