Regulatory Issues - Australia 
(last updated 7 Sep 2008)
This page provides information on recently published rules or
rules under development, covering the operation and
decommissioning of uranium mines and mills and the management of
uranium mine wastes and mill tailings.
> see also:
On Apr. 28, 2007, opposition Leader Kevin Rudd narrowly carried a vote to overturn the ALP's 25-year policy ban on new uranium mines.
Delegates to Labor's national conference voted 205 to 190 to allow the expansion of uranium mining, in a vote that was much tighter than most observers expected.
Under amendments to Labor policy moved by Mr Rudd and South Australian Premier Mike Rann, individual states will be able to authorise the development of new uranium mines. Uranium exports will be allowed only to countries that have signed the nuclear Non-Proliferation Treaty.
(The Age April 29, 2007)
European Union wants bigger slice of Australia's future uranium sales
The European Union wants a share of Australia's future uranium sales, rather than be closed out of the billion dollar market by China and India.
It is arguing that Europe, as a strong supporter of the Nuclear Non-Proliferation Treaty, is a reliable consumer of uranium compared with other countries.
EU ambassador 
Bruno Julien told West Australian Premier Alan Carpenter that while the state's ban on uranium mining was an internal political matter, Europe had to rely on nuclear power for matters of energy security and climate change.
Mr Carpenter reiterated at the meeting there would be no uranium mining in the state while he was Premier.
(The Australian Apr. 12, 2007)
The security agreement signed by Indonesia and Australia on Nov. 13, 2006, has provided a basis for Indonesia to buy uranium from its neighbor for a planned nuclear power plant.
"If Indonesia wants to proceed with a civil nuclear power program, and if Indonesia wants to buy uranium from Australia, then Indonesia and Australia will have to negotiate a separate nuclear safeguard agreement," Australian Foreign Minister Alexander Downer said.
Downer said that once a safeguard agreement is in place, Australia would have no objection to selling uranium to Indonesia.
Indonesia first signed an international non-proliferation treaty in 1971, and has since committed to a safeguard agreement and other treaties designed to stop the spread of nuclear weapons.
(The Jakarta Post, Nov. 15, 2006)
On Nov. 13, 2006, a "high-level Steering Group" appointed by Federal Resources Minister Ian Macfarlane presented a report including 20 recommendations demanding any imaginable concessions for the Australian uranium industry.
Uranium Industry Framework, Report of the Uranium Industry Framework Steering Group, September 2006
On Aug. 25, 2008, the Australian Conservation Foundation and the Medical Association for Prevention of War (Australia) say the current conflict in Georgia provides another reason why Australia should scrap plans to sell uranium to Russia.
"In the face of Russian military action in Georgia and threats of a possible nuclear strike against Poland, Australia should immediately discontinue plans to sell uranium to Russia. We cannot turn a blind eye to the threat of nuclear war," said Dr Sue Wareham, President of the Medical Association for the Prevention of War (Australia).
On June 20, 2008, the ecological organisations Ecodefense, Baikal Ecological Wave, Baikal Motion, Bellona and Greenpeace turned to the parliament of Australia with the demand not to ratify the agreement which will open the road for the large-scale export of Australian uranium to Russia.
(Ecodefense June 20, 2008)
In a Policy Brief issued on June 18, 2008, the Australian Conservation Foundation opposes uranium exports to Russia:
"The proposed treaty for uranium export to Russia, signed by then Prime Minister Howard and Russian President Putin at APEC in Sydney in 2007, is not in Australia's national interest and Australia should not ratify this flawed nuclear treaty.
ACF believes this treaty will compromise Prime Minister Kevin Rudd's "International Commission on Nuclear Non Proliferation and Disarmament" and unacceptably weaken, rather than strengthen, Australia's policy and practice on nuclear safeguards and nuclear non-proliferation.
Australia should not export uranium to nuclear weapon states - like Russia - that fail to fully comply with their nuclear disarmament obligations under the Nuclear Non-Proliferation Treaty (NPT). [...]"
(Nuclear treaty with Russia would compromise the Commission on Nuclear Non-Proliferation & Disarmament, ACF Policy Brief 2.6.1, June 2008)
On Sep. 7, 2007, Russia has signed an agreement allowing it to buy Australian uranium for its nuclear reactors.
Australia could be exporting its yellowcake to Russia as soon as next year, but today's agreement means Russia could not sell the fuel to any other nation or use it for military purposes.
Russia previously said it would sign a nuclear safeguards agreement to allow for the sale of the fuel, to ensure it is used only for domestic civil use.
But the deal has angered Greenpeace, which says it will create a nuclear weapons proliferation risk.
Greenpeace says the plan could free up Russia's own uranium supplies for weapons production and export.
Democrats leader Senator Lyn Allison strongly condemned the move in the lead-up to the agreement.
She says the safeguards agreement is "generally regarded as joke".
"Russia has a very poor history of safety, it routinely flouts its own laws, it won't ratify the International Atomic Energy Agency (IAEA) additional protocol that would have allowed for greater levels of inspection," she said.
(ABC Sep. 7, 2007)
Russia expects annual deliveries of 4000 t of uranium from Australia, according to Rosatom chief Sergej Kirijenko. (RIA Novosti Sep. 7, 2007)
Australian Government officials confirmed that a new agreement to sell uranium to Russia could be signed in September 2007 during the visit of President Vladimir Putin to Australia. The deal will pave the way for Australian uranium to fuel Russian reactors for the first time.
Under a 1990 agreement, Russia has processed Australian uranium for other countries but not for its own use.
The new agreement follows Russia's decision to separate its civil and military nuclear programs last year. This includes putting its civil facilities under the International Atomic Energy Agency safeguards agreement.
(The Age Aug. 17, 2007)
Negotiations have started which could allow Australian uranium to be exported to Russia for its nuclear power industry.
Foreign Minister Alexander Downer says Russia's move to clearly separate its military and civil nuclear programs is one reason Australia agreed to take part in the discussions.
(ABC Apr. 27, 2007)
Techsnabexport , Russia's state-owned nuclear fuel maker, will meet BHP Billiton and Rio Tinto executives as part of an attempt to import uranium from Australia.
The company, known as Tenex, supplies reactor operators worldwide, many of which buy Australian uranium. The lack of an export agreement between Australia and Russia barred those customers from having the material enriched and converted to fuel in Russia, Tenex director-general Vladimir Smirnov said.
Tenex is seeking new supplies of uranium to help fuel new power plants Russia plans to build by 2015, and to supply customers it has in Europe, Japan and South Korea.
(The Age, Oct. 18, 2006)
Australia may start exporting uranium to Mexico in four or five years time, Australian Industry Minister Ian Macfarlane said; Mexico's government is considering ratifying a safeguard agreement within six months, which would enable Australia to start exporting the nuclear fuel for use in Mexico.
Mexico is a signatory of the Nuclear Non-Proliferation Treaty yet still needs to ratify the safeguard agreement before Australia can start exports, he said.
(Bloomberg Oct. 5, 2006)
On 29 Dec. 2006, John Howard's nuclear energy taskforce released its final report "Uranium mining, processing and nuclear energy - opportunities for Australia?" , proposing the expansion of uranium mining and uranium exports, establishment of a uranium enrichment industry, and construction of 25 power reactors.
The draft report had been released on 21 Nov. 2006.
The Taskforce moreover commissioned special studies, in particular:
John Howard's hand-picked nuclear energy taskforce will find that a nuclear industry could be commercially viable within 15 years, giving the green light to the Prime Minister to radically shake up Australia's energy market.
(Australian Nov. 4, 2006)
On 6 June 2006, the Prime Minister announced the appointment of a Taskforce to undertake an objective, scientific and comprehensive review into uranium mining, processing and the contribution of nuclear energy in Australia in the longer term.
The Uranium Mining, Processing and Nuclear Energy Review (UMPNER) Taskforce invited interested individuals and organisations to lodge submissions addressing the terms of reference by 18 August 2006. The submissions were published on 31 August 2006.
> View Uranium Mining, Processing and Nuclear Energy Review · Submissions · Report
Controversy on first Australian uranium shipment to Taiwan
The controversial first shipment of Australian uranium to Taiwan is scheduled to leave on Dec. 19, 2006, amid debate about potential for the move to help clear the way for future exports to nuclear-armed India.
BHP Billiton refused to confirm the timing of the shipment to Taiwan via the United States, but the buyer, the electricity generator Taipower, was less constrained.
The shipment to Taiwan employs an indirect sale arrangement through the US, which will first convert and enrich the ore under a bilateral agreement between Canberra and Washington.
(Sydney Morning Herald Dec. 18, 2006)
Australian miners have signed deals to export uranium to NPT-non-signatory Taiwan
Two Australian mining companies have quietly signed contracts for the supply of uranium to Taiwan, raising fears that it could undermine efforts to stop the spread of nuclear weapons.
Taiwan is not a signatory to the non-proliferation treaty (NPT) on nuclear arms, but it has confirmed the uranium deals to the Sydney Morning Herald on April 3, 2006.
Taiwanese officials said the deal had been signed by the electricity producer Taipower with BHP Billiton and ERA during the past 12 months, and the arrangement provided for indirect trade through the US.
ERA said that as yet no uranium had been shipped to Taiwan because all available production had already been pre-sold to other customers. BHP Billiton refused to say when the first shipments to Taiwan would take place.
In 2002 little attention was paid to an "exchange of notes" between Australia and the US allowing "re-transfer" of Australian uranium.
(Sydney Morning Herald, April 4, 2006)
Pakistan wants Australian uranium, too, if India gets it
Pakistan's Minister for Religious Affairs, Muhammad Ijaz ul-Haq, warned of a possible diplomatic backlash should Australia decide to sell uranium to India.
He said because Pakistan and India both had active nuclear weapon and nuclear power programs, and neither was a signatory to the NPT, Australia should now consider supplying uranium to Pakistan.
(The Australian July 27, 2007)
Australia's ban on uranium sales to India stays in spite of NSG waiver
The Rudd Government's ban on uranium sales to India will stay in place despite the decision by supplier nations, including Australia, to end the 34-year embargo on nuclear trade with New Delhi.
On Sep. 6, 2008, the 45 countries comprising the Nuclear Suppliers Group endorsed a waiver of its rules for India, which refuses to sign the Non-Proliferation Treaty.
Trade Minister Simon Crean yesterday confirmed Canberra's ban on yellowcake sales to India would stay in place as long as it refused to sign the NPT.
(The Australian Sep. 8, 2008)
Australian Government softens stance on uranium export ban to India
The Rudd Government's resolve not to sell uranium to India is weakening after Foreign Affairs Minister Stephen Smith signalled that country's refusal to sign the Nuclear Non-Proliferation Treaty could be overlooked.
In a significant softening of Labor's position, Mr Smith told Indian reporters that, although the Government had a "strong policy" of not exporting uranium to non-signatory countries, the ban could be overturned if a long-awaited "123" agreement between India and the United States was finalised.
The comments, reported in The Times Of India last week, effectively leave the door open for sales of uranium to India, despite Labor's clear election promise to ban exports to the booming democracy as long as it refuses to sign the treaty.
(The Sydney Morning Herald June 1, 2008)
Australia reverses decision to sell uranium to India
Australia's new Labor Government told India's nuclear envoy Shyam Saran it would not sell uranium to New Delhi unless it signs the Non-Proliferation Treaty (NPT), reversing a decision by the previous government.
(Reuters Jan. 15, 2008)
Australian uranium sales to India would breach nuclear treaty
Australia will be in breach of an anti-nuclear treaty approved by the Foreign Affairs Minister, Alexander Downer, if it goes ahead with plans to sell uranium to India.
Mr Downer, now an advocate of uranium sales, acknowledged 10 years ago in Hansard that, under the South Pacific Nuclear Free Zone Treaty signed in 1985, Australia could not sell uranium to countries which had not signed up to "full scope safeguards" on their nuclear plants.
Yet Australia's sales to India, which has not signed the Nuclear Non-Proliferation Treaty, will be subject to a regime which experts say falls well short of such safeguards. Under the draft US-India deal signed this month, only the civil nuclear plants will be subject to inspections, while military installations will not.
(Sydney Morning Herald, August 28, 2007)
Nonproliferation organization blasts Australian Government move to sell uranium to India
The Arms Control Association (ACA), a leading nuclear nonproliferation research and advocacy organization, strongly criticized the Australian government's decision to pursue the sale of uranium to India.
"This move flagrantly contradicts Australia's long standing international nuclear nonproliferation commitments and should be reconsidered and reversed," said Daryl G. Kimball, executive director of ACA.
"The reported Australian cabinet decision to sell uranium to India - which is not a member of the nuclear Nonproliferation Treaty (NPT), has not signed the Comprehensive Nuclear Test Ban Treaty (CTBT), and has refused to halt its production of plutonium for weapons - would violate Australia's past political and treaty commitments to the principle of full-scope international safeguards as a condition for supply of nuclear technology and material," said Kimball.
> View Arms Control Association release Aug. 15, 2007
Australian cabinet poised for uranium exports to non-NPT signatory India
The National Security Committee of federal cabinet has decided to start uranium shipments to India with the condition that Australian inspectors be allowed to check on site that the yellowcake is used only for peaceful purposes and electricity generation.
John Howard will contact his Indian counterpart, Manmohan Singh, who is also Minister for Atomic Energy, to explain the conditions before formally announcing the agreement.
(The Australian Aug. 15, 2007)
Australia moves to sell uranium to India
Australia may sell uranium to India if the federal cabinet approves a submission from Foreign Affairs Minister Alexander Downer.
The move would allow the deal despite India not being a signatory to the international Nuclear Non-Proliferation Treaty.
(The Australian July 26, 2007)
India presses Australia to export uranium
On Nov. 16, 2006, India's finance minister pressed Australia's prime minister to give India access to the country's uranium, arguing it needs nuclear power if it is to reduce carbon emissions.
India has sought previously to buy Australian uranium, but Canberra earlier this year stood by its policy of not selling to countries, such as India, that have not signed the nuclear non-proliferation treaty.
(Reuters Nov. 16, 2006)
NGOs issue report on the limitations of safeguards for the proposed export of Australian uranium to China and India
> see here
Working group to explore implications of US-India nuclear agreement on possibility of Australian uranium exports to India
Australia and India will set up a working group to explore the detail of a nuclear pact concluded between India and the United States that has put the issue of Australian uranium sales in the spotlight.
Australia at first appeared willing to consider whether the pact could open the door for India to buy its uranium, even though it is not a signatory to the nuclear non-proliferation treaty (NPT). But Mr Howard backed away from the idea amid widespread concerns in Australia that it could undermine the NPT.
Mr Howard and Indian Prime Minister Manmohan Singh agreed to let officials from both countries further explore the detail of the US-India agreement.
The United States will allow India access to American technology and fuel despite its refusal to sign the NPT. In return, India has agreed to let 14 of its 22 reactors - those used for its civilian needs - be opened to international inspections.
(The Age March 7, 2006)
A high-level Australian official team has undertaken a visit in India to discuss the Indo-US Civil Nuclear Agreement, following up on Prime Minister John Howard's keenness to know more details about the deal before his country could decide whether to supply uranium to India. The team was led by David Ritchy, Deputy Secretary in Australian Foreign Ministry, and included John Kalson, head of the country's nuclear department, sources said.
(Outlook India May 5, 2006)
Australia will consider selling uranium to India even if it refuses to sign the Nuclear Non-Proliferation Treaty, top level sources say.
A move by Australia to change its ban on selling uranium to non-signatories would be considered if India made similar reciprocal moves, such as allowing inspections of its nuclear facilities by the International Atomic Energy Agency (IAEA), The Australian newspaper said today.
The decision follows meetings in Delhi last week in which India's senior foreign ministry diplomat Shyam Saran asked if Australia would agree to change its stance on exporting uranium to countries that have not signed the non-proliferation treaty.
(The Australian May 11, 2006)
ERA signs China uranium export deal
> See here
BHP considers export of unsmelted Olympic Dam copper / uranium concentrate to China
> View here
Australia and China ratify agreements on nuclear cooperation and uranium exports
Australia and China ratified the Nuclear Cooperation Agreement and the Australia-China Nuclear Transfer Agreement on Jan. 4, 2007.
The agreements will come into force in a month. The legal framework for Australia to start exporting uranium to China is expected to be in place early this year.
(ABC Jan. 5, 2007)
NGOs issue report on the limitations of safeguards for the proposed export of Australian uranium to China and India
On 5 Nov. 2006, the Australian Conservation Foundation (ACF) and the Medical Association for Prevention of War (MAPW) launched a report on the limitations of safeguards for the proposed export of Australian uranium to China and India.
"Australian uranium will disappear off the safeguards radar on arrival in China at a military controlled uranium conversion facility that is outside of the IAEA's international nuclear inspection regime," said ACF Nuclear Free Campaigner David Noonan.
"Our uranium exports can directly and indirectly fuel the fires of future nuclear weapons and further regional insecurities."
> Download report: ACF · MAPW
Parliament Committee holds hearing on uranium exports to China
On Sep. 4, 2006, the Joint Standing Committee on Treaties held a hearing on the agreements between the governments of Australia and the People's Republic of China on the Transfer of Nuclear Material and for Cooperation in the Peaceful Uses of Nuclear Energy.
On 6 December 2006, the committee released its report, recommending the export of uranium to China.
> For details, see: Joint Standing Committee on Treaties: Treaties tabled on 8 August 2006 · report
> See also: Australian Safeguards and Non-Proliferation Office
Australian Conservation Foundation and Environment Centre criticise China uranium deal
The Northern Territory Environment Centre says a nuclear safeguard agreement signed between China and Australia is not worth the paper it is written on.
The environment centre's Peter Robertson says China does not have the systems of transparency in place to be trusted with any Australian uranium.
"The only thing that the Australian Government can do, if it's got any concern for the environment or humanity, is to cancel the agreement to supply uranium to China," he said.
He says the pact is a grab-the-cash-and-run-style agreement.
"China is a serial offender in terms of its irresponsible conduct, in terms of spreading nuclear technology, nuclear weapons and we don't believe Australia has any capacity to regulate the use of uranium once it arrives in China," he said.
(ABC Apr 4, 2006)
The Australian Conservation Foundation (ACF) says it remains fundamentally opposed to any deal to export uranium to China.
ACF president Ian Lowe says such a move would further regional insecurity and increase nuclear risks.
(ABC Apr 2, 2006)
Australia and China sign agreement on uranium exports
On April 3, 2006, Australia and China signed the Australia-China Nuclear Material Transfer Agreement and Nuclear Cooperation Agreement.
Australia and China set to sign agreements on uranium exports and exploration
Australia and China look set to sign agreements on the use of Australian uranium in Chinese nuclear power plants.
China's Premier Wen Jiabao arrives in Australia on April 1, 2006.
The centrepiece of his four-day trip appears to be a deal over uranium.
A Chinese spokesman said two agreements will be signed over China's peaceful use of nuclear energy and the exploration and exploitation of uranium.
Previously Australia has said if a deal was struck, up to 10,000 tonnes of uranium could be exported to China every year.
(ABC Mar 27, 2006)
Australia to begin formal negotiations on uranium exports to China
Australia was to begin formal negotiations on an agreement allowing it to start exporting uranium to China, Foreign Minister Alexander Downer said on Aug. 9, 2005.
Mr Downer said the agreement would establish safeguards to ensure the uranium was used exclusively for peaceful purposes.
Australian and Chinese officials had held exploratory talks on the proposed agreement, he said.
"When finalised, in accordance with Australian treaty-making practice, the agreement will be tabled in parliament for review by the Joint Standing Committee on Treaties before binding treaty action is taken," he said.
(AAP Aug. 9, 2005)
China has refused to commit to IAEA inspections of its nuclear power facilities as a condition of buying uranium from Australia.
(The Australian Sep. 2, 2005)
Australia preparing negotiations over uranium sales to China
China is interested in buying Australian uranium for its nuclear power plants under conditions that would ban military use, the Chinese ambassador said on Feb. 17, 2005.
Australian officials will visit Beijing this week for informal discussions, continuing talks that began last year aimed at making sure China would abide by the Nuclear Nonproliferation Treaty.
Australia prohibits the sale of uranium for military applications including atomic weapons and nuclear-powered warships.
(AP Feb. 17, 2005)
A proposed inquiry into Australia's non-fossil fuel energy industry has been approved by Federal Resources Minister Ian Macfarlane.
The inquiry, to be conducted by the House of Representatives Standing Committee on Industry and Resources chaired by Geoff Prosser MP, will begin with a case study on Australia's uranium resources, looking into global demand for and strategic importance of Australia's uranium resources, potential implications for global greenhouse gas emission reductions, and current structure and regulatory environment of the uranium mining sector.
(Ian Macfarlane release, March 17, 2005)
> Inquiry into developing Australia's non-fossil fuel energy industry
The committee report was tabled on Dec. 4, 2006:
Australia's uranium: Greenhouse friendly fuel for an energy hungry world .
The report recommends the removal of all impediments to the Australian uranium industry, but it also includes recommendations calling for a stronger global non-proliferation scheme and for rehabilitation of mine sites.
> See also: Areva/Cogema sees "moral obligation" for uranium mining countries to take back spent fuel
On June 20, 2002, the Australian Senate decided to hold an inquiry into the uranium mining industry. The move follows a series of leaks, spills and reporting failures at operations in both the Northern Territory and South Australia. The Senate inquiry should report by December this year on the regulatory, monitoring and reporting regimes that govern environmental performance at the mines. The inquiry is to focus on the role of the Commonwealth in ensuring adequate health and environmental standards.
(ACF June 20, 2002, Canberra Times June 21, 2002)
"The Senate agreed to the following new inquiry:
Environment, Communications, Information Technology and the Arts References
Committee - the regulatory, monitoring and reporting regimes that govern
environmental performance at the Ranger and Jabiluka uranium operations in the
Northern Territory and the Beverley and Honeymoon in situ leach operations in
South Australia - to report by 5 December 2002"
(Senate Daily Summary Thursday 20 June 2002)
Submissions from interested individuals and organisations had to be lodged by 9 August 2002.
> Inquiry into Environmental Regulation of Uranium Mining
> View/Download submissions filed
> Download hearings transcripts : Darwin (30 Sep 2002) · Jabiru (1 Oct 2002) · Adelaide (4 Oct 2002) ·
Canberra (18 Oct 2002) ·
Canberra (22 Oct 2002) ·
Canberra (24 Oct 2002) (PDF format)
On 14 Oct 2003, the Committee released its report.
The key findings include:
- that mining at Honeymoon (South Australia) "not proceed unless and until conclusive evidence can be presented demonstrating that the relevant aquifer is isolated"
- that in situ leach (ISL) mining "not be permitted until more conclusive evidence can be presented on its safety and environmental impacts"
- that urgent changes to the uranium industry are needed to protect the environment and people from "serious or irreversible damage"
- that there is a "clear conflict of interest" with the State and Territory agencies currently regulating uranium mining and a need for new and more transparent approach based around environmental agencies like the EPA
- a call for more comprehensive and independent monitoring of mines and the public release of environmental and monitoring data
> Download Committee Report: Regulating the Ranger, Jabiluka, Beverly and Honeymoon uranium mines, 14 October 2003
The Nuclear Codes have been revised by a commonwealth/states Nuclear Codes Committee: