Division 2.1Nuclear action

## Part 1—Preliminary #### 1.01 Name of Regulations These Regulations are the Environment Protection and Biodiversity Conservation Regulations 2000. #### 1.03 Definitions—the dictionary (1) The dictionary at the end of these Regulations defines certain words and expressions, and includes references to certain words and expressions that are defined in the Act or elsewhere in these Regulations (signpost definitions). > Note: Example: The signpost definition ‘aircraft—see Act, section 528’ means that the expression aircraft is defined in section 528 of the Act. (2) The dictionary is part of these Regulations. (3) A definition in these Regulations applies to each use of the word or expression in these Regulations, unless the contrary intention appears. ## Part 2—Matters of national environmental significance ### Division 2.1—Nuclear action #### 2.01 Nuclear action (Act s 22(1)) For paragraph (g) of the definition of nuclear action in subsection 22(1) of the Act, a nuclear action includes establishing, significantly modifying, decommissioning or rehabilitating a facility where radioactive materials at or above the activity level mentioned in regulation 2.02 are, were, or are proposed to be used or stored. #### 2.02 Nuclear activity level (Act s 22(1)) (1) For paragraphs (c) and (d) of the definition of nuclear installation in subsection 22(1) of the Act, the activity level is: (a) if the installation contains only 1 type of nuclide and all sources of that nuclide are sealed sources—109 times the activity value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018; or (b) if the installation contains only 1 type of nuclide and all sources of that nuclide at or above the activity concentration value mentioned for the nuclide in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018 are unsealed sources—106 times the activity value for the nuclide set out in that Part; or (c) in any other case—a level for which a mixture of sealed and unsealed sources of nuclides is excessive. (2) A mixture is excessive if: (a) the sealed source activity value is greater than 109; or (b) the unsealed source activity value is greater than 106 and the unsealed source activity concentration value is greater than 1; or (c) both: (i) the sum of the sealed source activity value divided by 109 and the unsealed source activity value divided by 106 is greater than 1; and (ii) the unsealed source activity concentration value is greater than 1. (3) In this regulation: > sealed source activity value means the sum of the fractions calculated for each nuclide by dividing the activity of the nuclide in the mixture in sealed sources by the activity value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018. > unsealed source activity concentration value means the sum of the fractions calculated for each nuclide by dividing the activity concentration for each nuclide in the mixture by the activity concentration value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018. > unsealed source activity value means the sum of the fractions calculated for each nuclide by dividing the activity of each nuclide in the mixture in unsealed sources by the activity value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018. #### 2.03 Large‑scale disposal facility (Act s 22(2)) For the definition of large‑scale disposal facility in subsection 22(2) of the Act, a facility used for the disposal of radioactive materials at or above the activity level mentioned in regulation 2.02 is prescribed.