Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000
- F2011C00392
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SR 2000 No. 307 Regulations as amended, taking into account amendments up to Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Regulations 2011 (No. 1)
Administered by: Health and Ageing
Prepared 01 Jul 2011 by OLDP
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Prepared 01 Jul 2011
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Start Date 01 Jul 2011
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Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000

Statutory Rules 2000 No. 307 as amended

made under the

This compilation was prepared on 1 July 2011
taking into account amendments up to SLI 2011 No. 52

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

                        1   Name of Regulations [see Note 1]                                      3

                        2   Commencement [see Note 1]                                             3

                        3   Interpretation                                                                     3

                        4   Annual charge for facility licence — nuclear installations      3

                        5   Annual charge for facility licence — prescribed radiation facilities         4

                        6   Annual charge for source licence                                        4

Schedule 1                  Facility licence annual charges — nuclear installations 6

Schedule 2                  Facility licence annual charges — prescribed radiation facilities    11

Part 1                             Charges — general                                                        11

Part 2                             Fees — other                                                                12

Schedule 3                  Source licence annual charges                                    13

Part 1                             Kinds of controlled apparatus or controlled material        13

Part 2                             Charges — general                                                        16

Part 3                             Charges for certain licence-holders                                 16

Notes                                                                                                          17

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000.

2              Commencement [see Note 1]

                These Regulations commence on gazettal.

3              Interpretation

         (1)   In these Regulations:

Act means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.

ARPANS Act means the Australian Radiation Protection and Nuclear Safety Act 1998.

ARPANS Regulations means the Australian Radiation Protection and Nuclear Safety Regulations 1999.

         (2)   Unless the contrary intention appears, an expression used in these Regulations that is defined in the ARPANS Act or the ARPANS Regulations has the same meaning in these Regulations as it has in the ARPANS Act or the ARPANS Regulations.

4              Annual charge for facility licence — nuclear installations

         (1)   For subsection 4 (2) of the Act, this regulation prescribes the amount of the charge for a financial year for a facility licence that authorises persons to do a thing mentioned in column 2 of an item in Schedule 1 in relation to a controlled facility that is a nuclear installation.

         (2)   The amount of the charge for the licence for the year is the amount mentioned in column 3 of the item.

Note   Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro-rating and refunds.

5              Annual charge for facility licence — prescribed radiation facilities

         (1)   For subsection 4 (2) of the Act, this regulation prescribes the amount of the charge for a financial year for a facility licence that authorises persons to do a thing mentioned in paragraph 30 (1) (a), (b), (c), (d) or (e) of the ARPANS Act in relation to a controlled facility that is a prescribed radiation facility of a kind mentioned in column 2 of an item in Part 1 of Schedule 2.

         (2)   The amount of the charge for the licence for the year is:

                (a)    subject to paragraph (b), the amount mentioned in column 3 of the relevant item in Part 1 of Schedule 2; or

               (b)    if the thing authorised to be done by the licence is mentioned in column 2 of an item in Part 2 of Schedule 2 — the amount mentioned in column 3 of that item.

         (3)   If the licence authorises persons to do 2 or more of the things mentioned in paragraphs 30 (1) (a), (b), (c), (d) and (e) of the ARPANS Act in relation to the controlled facility, the amount of the charge for the licence for the year is the sum of the amounts of charge for each thing authorised to be done by the licence.

Note   Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro-rating and refunds.

6              Annual charge for source licence

         (1)   For subsection 5 (2) of the Act, this regulation prescribes the amount of the charge for a financial year for a source licence that authorises persons to deal with a controlled apparatus or a controlled material of a kind mentioned in column 2 of an item in Group 1, 2 or 3 of Part 1 of Schedule 3.

         (2)   Subject to subregulation (3), the amount of the charge is:

                (a)    for a licence that authorises persons to deal with controlled apparatus or controlled materials in the same location:

                          (i)    if the controlled apparatus or controlled materials are from the same Group — the amount mentioned in column 3 of the provision in Part 2 of Schedule 3 that relates to the number of controlled apparatus or controlled materials from that Group; and

                         (ii)    if the controlled apparatus or controlled materials are from 2 or more Groups — the sum of the amounts mentioned in column 3 of the provisions in Part 2 of Schedule 3 that relate to the number of controlled apparatus or controlled materials from each of those Groups; and

               (b)    for a licence that authorises persons to deal with controlled apparatus or controlled materials in 2 or more locations — the sum of the amounts mentioned in column 3 of the provisions in Part 2 of Schedule 3 that relate to the number of controlled apparatus or controlled materials from each Group that persons are authorised to deal with in each location.

Note   Same location is defined in subregulation 40D (3) of the ARPANS Regulations (see the Dictionary to those Regulations).

         (3)   If the holder of the licence is a controlled person mentioned in column 2 of an item in Part 3 of Schedule 3, the amount of the charge for the year for all source licences held by that person for the year is the amount mentioned in that item.

Note   Division 5 of Part 4 of the ARPANS Regulations makes provision in relation to the time for payment of the annual charge, pro-rating and refunds.


Schedule 1        Facility licence annual charges — nuclear installations

(regulation 4)

  

 

Item

Thing authorised to be done by licence

Charge ($)

1

Preparing a site for a controlled facility, being a nuclear reactor that is designed:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  to have maximum thermal power of less than 1 megawatt

21 660

2

Constructing a controlled facility, being a nuclear reactor that is designed:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  to have maximum thermal power of less than 1 megawatt

54 150

3

Possessing or controlling a controlled facility, being a nuclear reactor:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  with maximum thermal power of less than 1 megawatt

21 660

4

Operating a controlled facility, being a nuclear reactor:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  with maximum thermal power of less than 1 megawatt

108 299

5

De-commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that:

   (a)  was used for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  had maximum thermal power of less than 1 megawatt

54 150

6

Preparing a site for a controlled facility, being a nuclear reactor that is designed:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  to have maximum thermal power of 1 megawatt or more

43 319

7

Constructing a controlled facility, being a nuclear reactor that is designed:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  to have maximum thermal power of 1 megawatt or more

108 299

8

Possessing or controlling a controlled facility, being a nuclear reactor:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  with maximum thermal power of 1 megawatt or more

108 299

9

Operating a controlled facility, being a nuclear reactor:

   (a)  for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  with maximum thermal power of 1 megawatt or more

833 899

10

De-commissioning, disposing of or abandoning a controlled facility, being a nuclear reactor that:

   (a)  was used for research or production of nuclear materials for industrial or medical use (including critical and subcritical assemblies); and

  (b)  had maximum thermal power of 1 megawatt or more

216 597

11

Preparing a site for a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9

10 830

12

Constructing a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9

21 660

13

Possessing or controlling a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9

10 830

14

Operating a controlled facility, being a plant for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9

54 150

15

De-commissioning, disposing of or abandoning a controlled facility, being a plant that was used for preparing or storing fuel for use in a nuclear reactor of a kind mentioned in any of items 1 to 9

21 660

16

Preparing a site for a controlled facility, being a nuclear waste storage or disposal facility that is designed to contain waste with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations

10 830

17

Constructing a controlled facility, being a nuclear waste storage or disposal facility that is designed to contain waste with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations

21 660

18

Possessing or controlling a controlled facility, being a nuclear waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations

10 830

19

Operating a controlled facility, being a nuclear waste storage or disposal facility with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations

54 150

20

De-commissioning, disposing of or abandoning a controlled facility, being a nuclear waste storage or disposal facility that formerly contained waste with an activity that is more than the relevant activity level prescribed by regulation 8 of the ARPANS Regulations

21 660

21

Preparing a site for a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations

21 660

22

Constructing a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations

54 150

23

Possessing or controlling a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations

21 660

24

Operating a controlled facility, being a facility to produce radioisotopes, containing a mixture of controlled materials, with an activity that is more than the activity level prescribed by regulation 11 of the ARPANS Regulations

86 639

25

De-commissioning, disposing of, or abandoning a controlled facility, being a facility that formerly produced radioisotopes, containing a mixture of controlled materials, with an activity that was more than the activity level prescribed by regulation 11 of the ARPANS Regulations

54 150

Schedule 2        Facility licence annual charges — prescribed radiation facilities

(regulation 5)

Part 1          Charges — general

 

Item

Kind of prescribed radiation facility

Charge ($)

1

Particle accelerator with a beam energy of more than 1 MeV

11 139

2

Particle accelerator capable of producing neutrons

11 139

3

Irradiator containing more than 1015 Bq of a controlled material

11 139

4

Irradiator containing more than 1013 Bq of a controlled material but not including shielding as an integral part of its construction

11 139

5

Irradiator containing more than 1013 Bq of a controlled material and including shielding as an integral part of its construction, but the shielding does not prevent a person from being exposed to the source

11 139

6

Irradiator containing more than 1013 Bq of a controlled material and including shielding as an integral part of its construction, and with a source that is not inside the shielding during the operation of the irradiator

11 139

7

Facility for the production, processing, use, storage, management or disposal of sealed sources of controlled materials of activity in a quantity more than 109 times that mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations

22 279

8

Facility for the production, processing, use, storage, management or disposal of unsealed sources of controlled materials of activity in a quantity more than 106 times that mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations

22 279

9

Facility for the production, processing, use, storage, management or disposal of a mixture of controlled materials, the activity of which, worked out using the method set out in subregulation 6 (2) of the ARPANS Regulations, is more than the applicable level mentioned in that subregulation

22 279

Note   If the licence authorises persons to do 2 or more of the things mentioned in paragraphs 30 (1) (a), (b), (c), (d) and (e) of the ARPANS Act in relation to the prescribed radiation facility, the annual charge for the licence is the sum of the charges for each thing authorised to be done by the licence — see subregulation 5 (3).

Part 2          Fees — other

 

Item

Thing authorised to be done by licence

Charge ($)

1

De-commissioning a controlled facility, being a prescribed radiation facility that was formerly used as a nuclear or atomic weapon test site

37 131

2

Disposing of or abandoning a controlled facility, being a prescribed radiation facility that was formerly used as a nuclear or atomic weapon test site

24 754

3

De-commissioning a controlled facility, being a prescribed radiation facility that was formerly used for the mining, processing, use, storage, management or disposal of radioactive ores

37 131

4

Disposing of or abandoning a controlled facility, being a prescribed radiation facility that was formerly used for the mining, processing, use, storage, management or disposal of radioactive ores

24 754

Schedule 3        Source licence annual charges

(regulation 6)

Part 1          Kinds of controlled apparatus or controlled material

 

Item

Controlled apparatus or controlled material

Group 1

1

Sealed source for calibration purposes of activity of 40 MBq or less

2

Sealed source in a fully enclosed analytical device

3

Sealed source with activity of 400 MBq or less in a fixed gauge

4

Sealed source in a blood irradiator

5

Sealed source in a bone densitometer

6

Sealed source that:

   (a)  is in storage and awaiting disposal; and

  (b)  has a nuclide with a maximum activity of not more than 109 times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide

7

Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity not more than 100 times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide

8

Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide, the total of the results for all nuclides in the source, or sources, is not more than 100

9

Mammographic x-ray unit

10

Conventional dental x-ray unit

11

X-ray unit used for bone densitometry

12

X-ray unit used for veterinary radiography

13

Fully enclosed x-ray analysis unit

14

Baggage inspection x-ray unit

15

Mobile or portable medical x-ray unit

16

Magnetic field non-destructive testing device

17

Induction heater or induction furnace

18

Industrial radiofrequency heater or welder

19

Radiofrequency plasma tube

20

Microwave or radiofrequency diathermy equipment

21

Industrial microwave or radiofrequency processing system

22

Optical source, other than a laser product, emitting ultraviolet radiation, infra-red or visible light.

23

Laser product with accessible emission level more than the accessible emission limit of a Class 3B (Restricted) laser product, set out in Australia/New Zealand Standard AS/NZA 2211.1:1997

24

Optical fibre communication system exceeding Hazard Level 3A, as set out in Australia/New Zealand Standard AS/NZS 2211.2:1997

Group 2

25

Sealed source for calibration purposes of activity of more than 40 MBq

26

Sealed source in a partially enclosed analytical device

27

Sealed source of activity of more than 400 MBq in a fixed gauge

28

Sealed source in a mobile gauge

29

Sealed source for medical or veterinary diagnostic nuclear medicine use

30

Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity of more than 100, but not more than 10 000, times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide

31

Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide, the total of the results for all nuclides in the source, or sources, is more than 100 but not more than 10 000

32

Unsealed sources used for tracer studies

33

Industrial radiography x-ray unit

34

Fixed medical x-ray unit, including a unit used for fluoroscopy, tomography and chiropractic radiography

35

Partially enclosed x-ray analysis unit

36

Medical therapy simulator

37

CT scanner

Group 3

38

Sealed source for industrial radiography

39

Sealed source for medical and veterinary radiotherapy

40

Sealed source in a bore hole logger

41

Sealed source of controlled material not mentioned in another item of this Schedule

42

Unsealed source, or sources, in a laboratory or premises, having nuclides of 1 kind only with a maximum activity of more than 10 000, but not more than 1 000 000, times the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide

43

Unsealed source, or sources, in a laboratory or premises, having nuclides such that when the maximum activity of each nuclide in the source, or sources, is divided by the amount mentioned in column 4 of Part 2 of Schedule 2 to the ARPANS Regulations for that kind of nuclide, the total of the results for all nuclides in the source, or sources, is more than 10 000 but not more than 1 000 000

44

Veterinary or medical radiotherapy unit

45

Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule

Part 2          Charges — general

 

Item

Number of controlled apparatus or controlled materials in the same location that persons are authorised to deal with under the licence

Charge ($)

1

For less than 4 controlled apparatus or controlled materials from:

 

 

   (a)  Group 1

619

 

  (b)  Group 2

2 475

 

   (c)  Group 3

7 426

2

For more than 3, but less than 11, controlled apparatus or controlled materials from:

 

 

   (a)  Group 1

1 609

 

  (b)  Group 2 

4 951

 

   (c)  Group 3

14 852

3

For 11 or more controlled apparatus or controlled materials from:

 

 

   (a)  Group 1

3 095

 

  (b)  Group 2

9 307

 

   (c)  Group 3

27 229

Part 3          Charges for certain licence-holders

 

Item

Licence-holder

Charge ($)

1

Department of Defence

715 389

2

Australian Nuclear Science and Technology Organisation

238 629

3

Commonwealth Scientific and Industrial Research Organisation

238 629

 


Notes to the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000

Note 1

The Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000 (in force under the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998) as shown in this compilation comprise Statutory Rules 2000 No. 307 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2000 No. 307

16 Nov 2000

16 Nov 2000

 

2004 No. 214

15 July 2004

15 July 2004

2010 No. 102

25 May 2010 (see F2010L01073)

26 May 2010

2011 No. 52

27 Apr 2011 (see F2011L00645)

1 July 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 6.........................................

am. 2004 No. 214

Examples to r. 6 (2).............

rep. 2004 No. 214

Note to r. 6 (2).......................

rs. 2004 No. 214

Schedule 1

 

Schedule 1............................

am. 2004 No. 214; 2010 No. 102; 2011 No. 52

Schedule 2

 

Schedule 2............................

am. 2004 No. 214; 2010 No. 102; 2011 No. 52

Schedule 3

 

Schedule 3............................

am. 2004 No. 214; 2010 No. 102; 2011 No. 52

 


 

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