Australian Nuclear
Power
Independent Inquiry: Extended Research Response
Legal Studies
Sophie Anderson Summative
Assessment
SOPHIE ANDERSON
Contents
Written Component................................................................................................ 2
Appendix.............................................................................................................. 10
Reference List...................................................................................................... 15
Bibliography......................................................................................................... 17
Annotated Bibliography....................................................................................... 24
Research.............................................................................................................. 40
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Written Component
Nuclear Energy and its place in Australia, has become a topical issue due to the
countrys energy crisis and ever-decreasing fossil fuel store. Considered a green
alternative to traditional fossil fuels, nuclear power would lessen Australias CO 2
emissions, while increasing the countrys sustainability, longevity and
profitability1. Nonetheless, controversy regarding the nature of nuclear energy
has created a debate concerning the true outcome of nuclear energy
implementation. More specifically, the highly radioactive and dangerous liquid
rad-waste, created as a byproduct of nuclear energy creation. This is a significant
problem for Australia as there is the potential for large-scale nuclear disasters to
arise. Due to this, as well as many other significant issues, the Environment
Protection and Biodiversity Conservancy Act 1999 (CWTH), has outlawed
all nuclear action. Current, regulation is highly effective in preventing nuclear
actions from being accessed in Australia, with fines up to nine million dollars 2.
Nuclear power poses a significant issue due to the imbalance between successful
results and disastrous outcomes. To conclude that there is a viable future for
nuclear power in Australia, multiple recommendations, legislation alterations and
case studies must be examined.
Nuclear Energy is derived from the process of fission; where uranium ore 3 is
manipulated to produce energy in the form of radiation 4; this radiation, controlled
by a condenser, uses water to turn the radioactive heat into steam. The steam
produced then drives a turbine, which spins a generator to produce power, thus
providing a source of power, that emits no greenhouse gases in a way more
efficient than solar or wind power5. Since a large nuclear power plant that utilizes
a cooling system may withdraw 800 million gallons of water a day, these plants
are usually built next to bodies of water 6. The certain types of reactors in
1 Boden, T.A., Marland, G. and Andres, R.J., 2009. Global, regional, and national
CO2 emissions.
2 Act, E.P.B.C. and Act, O.P.G.G.S., 1999. Environment protection and biodiversity
conservation act 1999. Canberra: comlaw. gov. au.
3 Brain, M. and Lamb, R., 2000. How nuclear power works. HowStuffWorks.
com, 9.
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common use are the boiling water reactors (Appendix one) and pressurized
water reactors (Appendix two).
Legislation, both federally and state-specifically, prohibit the use of nuclear
power amid fears of misuse or mishandling7. These issues involve the concerns
about the storage and management of liquid rad-waste, due to its long-lived
toxic nature, worries also stem from the occurrence of nuclear accidents, the
potential for nuclear proliferation as well as the lack of cost-efficiency and
practicality in the beginning stages of nuclear enactment. These issues currently
outweigh Australias energy crisis and will until a significant need for nuclear
energy emerges. However, Australia is still involved in many nuclear agencies or
committees, such as the International Nuclear Energy Agency; an
intergovernmental agency that facilitates cooperation among countries to ensure
the safety of nuclear technology, science and law 8.
Within Australia, the administrative laws on nuclear energy are tightly managed,
with a country-wide embargo on nuclear action set forth in the Environment
Protection and Biodiversity Conservancy Act 1999 (CWTH) (EPBCA). This
act prohibits nuclear action that has, will have, or is likely to have a significant
impact on the environment. This means that nuclear actions such as nuclear fuel
fabrication plants, nuclear power plants, enrichments plants and reprocessing
facilities are prohibited9. Since its inception, it has been highly efficient in
regulating nuclear use with no notable offences occurring. A contributing factor
towards this efficiency is the difficulty of sourcing uranium and creating an
undetectable nuclear power plant. Each state, with the exception of Tasmania
and the Northern Territory, have legislation that manages the state use of
nuclear actions.
The EPBCA sets the precedent for state-specific legislation. Such as the
Queensland Nuclear Facilities Prohibitions Act 2007. explicitly stating that a
person must not construct or operate a nuclear facility 10. Further affirming the
lack of generating authority for nuclear power to be connected to a transmission
grid or supply network. This precedent is common throughout legislation in each
state. Such as the Nuclear Activities Prohibitions Act 1983 (VIC), Nuclear
Facilities Prohibition Bill 2007 (WA) and Uranium Mining and Nuclear
Facilities (Prohibitions) Act 1986 (NSW). These acts all have a reoccurring
prevention on connecting a transmission system or a distribution system to a
generating works in a state 11. This, in addition to the Nuclear Waste Storage
and Facility Prohibition Act 2000 (SA) prohibit the building of liquid rad-
waste storage or transport facilities. As of 2016, however, the Australian
7 Greenpeace.org.uk. (2015). Nuclear power - the problems | Greenpeace UK.
[online] Available at: http://www.greenpeace.org.uk/nuclear/problems [Accessed
16 May 2017].
9 Act, E.P.B.C. and Act, O.P.G.G.S., 1999. Environment protection and biodiversity
conservation act 1999.
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Government have begun to make provisions to legalise waste storage and have
gone as far as revising the South Australian Bill to allow nuclear waste to be
lawfully stored in the state by government agencies, while those without
authority will still have penalties applicable to storing such waste 12. This type of
provision creates a disparity in the expectations Australia derives from the
legislation. If Australia were to implement nuclear energy, they would have to
start de novo on legislation currently in use, as most nuclear action relates
specifically to the aforementioned nuclear processes.
These arguments, span the social, political, economic and environmental spheres
of Australia. At the present time, the arguments against nuclear energy have
forged a rational fear of the consequences of an introduction of nuclear power. It
is this fear that means that legislation, such as the EPBCA, and the Queensland
NFPA13, directly prohibit most, if not all nuclear action. As a result, Australias
only nuclear technology is derived from the medical reactor at Lucas Heights.
Run by the Australian Nuclear Science and Technology Organisation (ANSTO) 14.
Luca Heights primarily produces 10,000 doses per day of nuclear medicine for
250 hospitals around the country 15. This nuclear action is not prohibited by the
EPBCA, instead falling under the jurisdiction of the Australian Radiation
Protection and Nuclear Safety Act 1998.
Nonetheless, the facility is still controversial as it deals directly with a nuclear
reactor and thus, liquid rad-waste. It is this waste that is the fundamental cause
for opposition to nuclear energy. Liquid rad-waste (commonly referred to as
nuclear waste has damaging consequences to the environment, that could
override the benefits of a reduction in CO 2 emissions that nuclear energy
promises. Already, South Australian Governments have signed a bipartisan
agreement has begun the process of taking nuclear waste from France at the risk
of environmental safety16. However, national legislation has not yet been
endorsed amidst heated debate on the nature of the radioactive surplus. These
toxic wastes must be stored under specific conditions to prevent leaks into the
natural environment17, otherwise detrimental environmental consequences will
11 Nuclear Facilities Prohibition Bill 2007 (WA)
14 http://www.ansto.gov.au/ContactUs/index.htm#sthash.5PI8zXGc.dpuf
16 ABC News. (2016). Open letter calls on SA politicians to keep nuclear waste
dump debate alive. [online]
17 Sovacool, B.K. and Cooper, C., 2008. Nuclear nonsense: Why nuclear power is
no answer to climate change and the world's post-Kyoto energy challenges. Wm.
& Mary Envtl. L. & Pol'y Rev.
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20 Nuclear Fuel Cycle Royal Commission, 2016. Nuclear Fuel Cycle Royal
Commission Report.
22 Goldemberg, J., Johansson, T.B., Reddy, A.K. and Williams, R.H., 1988. Energy
for a sustainable world. New York: Wiley.
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current enactments. The other main concerns for nuclear power include the
worries of the high cost and lack of immediate practicality of nuclear energy.
Craig Kelly, a member of the Australian House of Representatives, stated that the
nuclear energy is the approval process would take over a decade 23. This
significant period of time, on top of decisions and research into details that would
ensure safety and permanency cause questions to arise over the immediate
efficiency of nuclear power. With a potential oil-shortage by 2018 24, Australia
does not have the luxury of time to begin this lengthy process. These issues
currently mean that nuclear power is out of consideration for the time being, as
there is pressing need for Australia to forge a pathway to a nuclear future.
Sir Peter Cosgrove (Australian Governor General) has cited Australias rich and
technologically advanced nature, its geographically stable location and
abundance of uranium as grounds for a practical interim arrangement for
instigating nuclear power25. Declaring Australia as being an optimal candidate for
nuclear power. Further cementing the benefits of nuclear power, is Australias
current standpoint as one of the worlds leading CO 2 emitters (Appendix five); the
zero-carbon emissions assurance that nuclear energy would contribute
dramatically reduces the stresses of Australian-induced climate change and the
global impact far worse than that of nuclear power. The counter argument for
solving Australias CO2 problem is for a stronger reliance on traditional renewable
fuels, such as solar power, wind energy and hydro-electricity. However, leading
nuclear scientist, Dr. Switkowski, has rebutted these claims, explaining that
because 80% of electricity has to be available at all times, it cannot be subject to
the intermittent nature of wind or solar, leaving the only as nuclear power 26. With
only 2% of the worlds power being generated by renewables and nuclear power
counting for two-thirds of the words emissions free energy 27(Appendix six), there
is substantial evidence that nuclear power is the best green alternative to fossil
fuel.
Further justification of the pro-nuclear debate, are the rich uranium mines that
Australia operates. With one third of the worlds supply of low cost uranium, the
economic costs of trade, and clear legislation on uranium mines, Australia has
established a clear legal proceeding for the continuation of uranium mines for
domestic and international purposes. In association with the Queensland
23 Massola, J. and Gartrell, A. (2017). Put nuclear in the energy mix, Coalition
MPs tell Malcolm Turnbull. [online] The Sydney Morning Herald.
24 ABC News. (2017). Homes could lose power as gas shortage looms, operator
warns. [online]
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cabinets28 successful vote to lift the ban on uranium mining 29; reciprocal notions
federally have caused the creation of bills such as the Civil Nuclear Transfers
Bill 2016 (CWTH). Leading to social upheaval and commentary from
figureheads; such as Malcolm Turnbull 30, to come to the conclusion that Australia
is running on a double standard, where uranium is readily sold, but remains
unused domestically31. These double standards are justification for the
introduction of nuclear power into Australia and the reasons why nuclear power
is in the countrys economic interest.
Comprehensively, nuclear power is a prevailing and reliable source that will
create cheap electricity, opening up many new employment opportunities. John
Howard has expressed the need to keep a nuclear power option open as it
inevitably becomes more economic for nuclear power 32. This conclusion justifies
the arguments based around the cost of the program and further strengthens the
case for nuclear power. Since 1979, the political and social support for nuclear
energy has risen, with polls in 1979 giving a 34% support vote to the 49%
majority vote in 2009 (Appendix seven) 33. A similar study by SACOME 34, found
that 48% of participators supported while only 32% opposed (Appendix eight) 35.
This rising support means that there would be the potential for a bipartisan
agreement that prompts the first phase of an advantageous nuclear power
system.
The favourable outcomes of successfully managed nuclear power can be
corroborated by the effective use of nuclear power in France, using 58 reactors
throughout the country, deriving over three quarters of electricity (appendix
nine)36.. France is the world's largest exporter of electricity due to its very low
cost of generation, and gains over 3 billion per year from this. In provincial
regions, nuclear plants have brought jobs and prosperity to the area 37.
Concluding that with the fuel cost being a relatively small part of the overall cost,
28 2012 Queensland Cabinet, under Campbell Newman
31 Massola, J. and Gartrell, A. (2017). Put nuclear in the energy mix, Coalition
MPs tell Malcolm Turnbull. [online] The Sydney Morning Herald.
33 poll, M. (2009). More Aussies back nuclear power: poll. [online] The Sydney
Morning Herald.
35 South Australian Chamber of Mines & Energy (2014), Uranium and Nuclear
Attitudes Survey,
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nuclear energy has achieved greater energy security for France 38. The success of
the nuclear program can be attributed to the well-managed and comprehensive
legislature. The Transparency and Security in the Nuclear Field Act 2006
deals with the prevention of malicious acts and civil security actions in the event
of an accident by establishing a Nuclear Safety Authority, that manages the
surveillance of nuclear safety and radiation protection 39. This, and the to the
French Sensitive Institutions approach and the consequential 2nd National
Environmental Health Plan 2009-201340 act to ensure that nuclear power is
an asset instead of a burden. Further acts that manage nuclear power include
the Installations Nuclaires de Base41 and the Installations classes pour
la protection de lenvironnement. Overall ensuring that power plants have
little effect on the environment, maximising the benefits of nuclear power and
can be considered precedential for potential Australian legislation.
Despite the success of Frances nuclear system, there have been two major
nuclear incidents that have dented the reputation of nuclear powers safety and
success. Nuclear accidents are ranked on a scale from zero to seven, with zero
being a nonconsequential deviation and seven being a major accident (Appendix
ten). The 1986 Chernobyl Disaster and the 2011 Fukushima Daiichi Nuclear
Disaster are the only two level seven accidents to have occurred in history.
However, the effects and impacts that these disasters had federally and globally
should not be modulated, as they have proved the extent of damage that nuclear
power could produce. In Chernobyl, the accident was a result of an over-heating
system, causing a steam explosion, fire, and meltdown, necessitating the
evacuation of 300,000 people from Chernobyl and dispersing radioactive
material across Europe42. Fukushima is a more recent case of nuclear
catastrophe; in 2011, a tsunami flooded and damaged the plant's 5 active
reactors. Consequential loss of backup electrical power led to overheating,
meltdowns, and evacuations43.
37 Palfreman, J., 2009. Why the French like nuclear energy. PBS. Dec.
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45 Osaka, E., 2012. Corporate liability, government liability, and the Fukushima
nuclear disaster.
47 Nei.org. (2017). Economic Growth & Job Creation - Nuclear Energy Institute .
[online]
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Australia is creating the jobs of the future. However, this increase in job-
opportunity, for a country where unemployment is on the upward trend
(appendix twelve) does put Australians at the risk of a devastating incident
occurring.
The negative impacts of nuclear power are mostly concentrated in the Native
Title and Rights of Indigenous Australians. Nuclear power plants and nuclear-
waste dumps impede on Aboriginal land and create great distress for the
traditional tribes of Australia. Despite the concerns for the health, safety and
prosperity of Aborigines, most states legislation, such as the Western Australia
Aboriginal Heritage Act 1972, New South Wales Aboriginal Heritage Act
and the South Australia Aboriginal Heritage Act exempt uranium mining and
nuclear activity, such as Lucas Heights, from the land protection provisions and
native-title claims48. Meaning that if nuclear power were to be implemented, the
Indigenous tribes would be adversely affected. An elder of an Aboriginal tribe
mourned the loss of traditional land, claiming that they dont want to bequeath a
legacy for future generations of a toxic environment 49. As a result, the Aborigine-
run Anti-Nuclear Alliance is one of the strongest anti-nuclear advocates.
There is a great split in government standpoints and thus how they would be
effected by nuclear power. The government would find that it would become
heavily involved in through safety and environmental research, ultimately
entering into the nuclear world 50. The nuclear waste storage proposal could
generate billions of dollars over the next ten years, suggesting that an increase
in nuclear involvement would follow the same trend. However, an agreement in
government would have to be bipartisan, and with the vastly different
standpoints amongst parties (appendix thirteen), a substantial deal will not occur
soon. State and local governments would also have an impact on the framework
and economics of nuclear power 51, as certain locales would have to mould their
council-laws, regulations and ways of life around the implemented nuclear power
reactors. The final stakeholder bearing an impact is the mining Industry; there,
an influx in funding, as a result of uranium mines opening and funding of current
mines increasing, would benefit the industry greatly. Again, an increase in jobs
would be witnessed as more people relocate to mining towns, both future and
already established, prompting a second mining boom. By combining the long-
term demand and increasing global demand, Australias mining and nuclear
market has a secure and sustainable upturn 52.
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54 Forsberg, C.W., Peterson, P.F. and Zhao, H., 2004, November. Sustainability,
water, dry cooling, and the advanced high-temperature reactor. In American
Nuclear Society 2004 Winter Meeting, Washington, DC.
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The question now is; should we implement a system, that could end in a nuclear
disaster, may start at an extreme economic disadvantage and generates a waste
so potent, that it is considered by the UNEP to be a detrimental ecological
extreme55? These concerns must be weighed against successful legislation and
precedents set about by countries such as France and Japan. It is logical to
administer the stare decisis provided by these countries, so that Australia can
secure the benefits of nuclear power. If appropriate measures are taken, the
implementation of nuclear power could provide green and sustainable power,
begin a second mining boom and lower Australias CO 2 emissions. Therefore, the
fair, just and equitable solution to Australias looming fossil fuel shortage and
inconsistent and backwards legislation, is to implement nuclear power.
Appendix
Appendix 1
55 Peduzzi, P. and Harding Rohr Reis, R., 2011. The Decommissioning of Nuclear
Reactors and Related Environmental Consequences.
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Appendix 2
Appendix 3
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Appendix 4
Appendix 5
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Appendix 6
Appendix 7
Appendix 8
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Appendix 9
Appendix 10
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Appendix 11
Appendix 12
Appendix 13
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Nuclear-energy.net. (2017). Advantages and disadvantages of nuclear power. [online]
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Pbs.org. (2017). Why the French Like Nuclear Energy | Nuclear Reaction | FRONTLINE | PBS.
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Premier.sa.gov.au. (2017). South Australia is taking charge of its energy future - Jay Weatherill,
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Harmsen, N. (2017). Gas supply shortage will threaten nation's power supplies, AEMO forecasts.
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Conversation.
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Australian.
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275A.
Jacques, O. (2017). Premier Newman announces lift on uranium mining ban. Rockhampton
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Johnson, A. (2016). Why we should build a nuclear waste dump in South Australia. The Sydney
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Kidd, S., 2009. Nuclear in FranceWhat did they get right. Nuclear engineering international,
pp.14-15.
Lombardi, M.H., 2006. Radiation safety in nuclear medicine. CRC Press.
Manning, H (2016). The political and moral case for storing the world's nuclear waste - InDaily.
Massola, J. and Gartrell, A. (2017). Put nuclear in the energy mix, Coalition MPs tell Malcolm
Turnbull. The Sydney Morning Herald.
Macey, R. (2007). Howard says nuclear is our best hope. The Sydney Morning Herald.
McNally, L. (2017). Nuclear power on the agenda in NSW as Deputy Premier claims 'we've been
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McDonald, P (2015). Sydney reactor to ramp up nuclear medicine production to meet world
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Thompson. J (2011). Report scathing of nuclear reactor safety. ABC News
Validakis, V. (2014). Australias nuclear energy future in the spotlight. Mining Australia.
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25
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MISCELLANEOUS
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Annotated Bibliography
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Author Title
South Australia, legislation.sa.gov.au Nuclear Waste Storage SOPHIE ANDERSON
Facility
(Prohibition) Act 2000,
THE FUTURE OF AUSTRALIAN NUCLEAR POWER
Date Published Date Obtained
2000 22th May 2017
Summary of Article
Outlines the expectations and guidelines for allowing and
managing nuclear waste in Australia
Means that the government can decide what it wants to do with
Nuclear waste, and can deal with waste as it sees fit, but the
nuclear waste industry cannot be privatised or used outside of
what the commonwealth, and South Australian Government sees fit
Controversial piece of legislature, recently amended by the
government.
Does take into account the environmental impacts of storing
Author
nuclear waste Title
Possible Citation
legislation.qld.gov.au Nuclear Facilities Prohibition Act
This Act does not apply in relation 2007to (a) nuclear waste lawfully
Date Published Date
stored in the State before the commencement Obtained of this Act; or (b)
st nd
1 nuclear
November 2013 (i) from radioactive
waste 22 material
May 2017that has been used or
Summary
handledofinArticle
accordance with the Radiation Protection and Control
The purpose
Act 1982 of thisto
pursuant Act is to help
a licence, protect
permit the health,
or other safety
authority and
granted
welfare of the
under that Actpeople of Queensland
The purpose
A public is achieved
authority may do primarily by prohibiting
one or more the construction
of the following: (a)
and operation
remove of particular
a nuclear nuclear
waste storage reactors
facility and other
constructed or facilities
operatedinin
the nuclear fuel
contravention ofcycle.
this Act; (b) make good any environmental harm
Queensland
resulting fromState
the legislation
construction or operation of that facility; (c)
Exempts
prevent or mitigate
facilities any
for futuremedicine,
nuclear environmental
howeverharm resulting from
Queensland is not
the construction
home to any suchorfacilities
operation as of
of that
2017facility
Possible
Earlier versions of this Act (historical versions) are listed at the
Citation
A end of themust
person legislative history.
not construct or operate a nuclear facility
Another purpose authorised under the Radiation Safety Act 1999
A generating authority under the Electricity Act 1994 does not
authorise the connection, under that Act, of generating plant to a
transmission grid or supply network if a nuclear reactor is used for,
or in connection with, the plant.
28
SOPHIE ANDERSON
Author Title
Western Australia, slp.wa.gov.au Nuclear Activities Regulation Act
1978,
Date Published: Date Accessed
1978 25th May 2017
Summary:
Prior to the federal prohibition of Nuclear action in 1999, this piece of
legislation regulated, but did not prohibit any nuclear action, the Nuclear
Facilities Prohibition Bill, introduced in 2007 then prohibited it
It is for the regulation and control of nuclear activities, for the formulation
and adoption of codes
Deals with waste, protection of the environment and of peoples health and
safety
Discusses the regulations and responsibilities for the Western Australian
Government and the certain groups and communities operating within
them
Possible Citation:
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SOPHIE ANDERSON
The object of this Act is to make provision for protecting the health and
safety of the people of the State, and the environment, from possible
harmful effects associated with nuclear activities.
An Act to make provision with respect to the regulation and control of
nuclear activities, for the formulation and adoption of codes of practice in
relation thereto, and for incidental and other purposes.
Author Title
legislation.sa.gov.au Aboriginal Heritage Act 1988,
Date Published: Date Accessed
1988 25th May 2017
Summary:
Deals with, in majority, the Native Title claims and the land rights of the
Indigenous Australians
Like all other state heritage act, there is a direct exemption of any type of
mining (including the relevant uranium mining)
Not highly relevant to the bigger picture, but this legislature does
enormously impact the Aboriginal stakeholders.
Possible Citation:
For the purposes of this section, the expression the owner of any land
includes a lessee from the Crown, and the holder of any mining tenement
or mining privilege, or of any right or privilege under the Petroleum Act
1967, in relation to the land.
If the land is subject to a mining tenement a reference to the owner of the
land extends to the holder of the tenement
Author: Title:
Kevin Scarce Nuclear Fuel Cycle Royal Commission
Date Published: 2016 Date Accessed: 25th May 2017
Summary:
Royal commission to prepare a considered report to government to
inform future decision-making for the future of nuclear waste
storage in Australia, coming from France and Britain
Discusses all elements of nuclear power, and how it works
How nuclear power would be extracted, exploited and expanded
The use of nuclear fuels for power and if it should be considered
Commissioned by the South Australian Government
Relevant to the legislation of Australia and the reasons into why it
hasnt changed much in the past, and why change is unlikely in the
future.
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SOPHIE ANDERSON
Possible Citation:
Independent and comprehensive investigation into the potential for
increasing South Australias participation in the nuclear fuel cycle,
specifically in four areas of activity: expanded exploration, extraction and
milling of minerals containing radioactive materials , the further processing
of minerals and the processing and manufacture of materials containing
radioactive and nuclear substances, the use of nuclear fuels for electricity
generation, the establishment of facilities for the storage and disposal of
radioactive and nuclear waste.
It remains unclear which energy options Australia will embrace.
The Paris Agreement negotiated at the 2015 United Nations (UN) Climate
Change Conference agrees to overall global reductions aimed at limiting
any rise of the global average temperature to well below 2 degrees Celsius
It would be wise to plan now for a contingency in which external pressure
is applied to Australia to more rapidly decarbonise. Action taken now to
settle policy for the delivery and operation of nuclear power would enable it
to potentially contribute to reducing carbon emissions.
Author: Title: Uranium mining Ranger
Australian Government Uranium Environmental Inquiry
Date Published: Date Accessed:
1975 25th May 2017
Summary:
Highly publicised inquiry, that brought up the serious issues
involving the exploitation of Aboriginal heritage land, held in all
states and territories to examine their Uranium mines, resources
and how it effects the environment
Dealt with the grounds of objection to uranium mining, Aboriginal
land rights, the establishment of a national park in the region, and
other environmental matters
Catalyst for the anti and pro-nuclear movements
12,575 pages of transcript of evidence and 354 documentary
exhibits
Possible Citation:
If uranium mining was properly regulated and controlled, its
hazards were not sufficient to prevent the development of the
mines. It is recommended that the establishment of a
comprehensive system of environmental monitoring and research,
overseen by a coordinating committee representing all the
agencies involved, and chaired by a supervising scientist.
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SOPHIE ANDERSON
Author: Title:
Benjamin K. Sovacool, Nuclear Nonsense: Why Nuclear
Christopher Cooper Power is No Answer to Climate
Change and the World's Post
Kyoto Energy Challenge
Date Published: Date Accessed:
2008 25th May 2017
Summary:
121- page research review into the negative connotations and
illogicality of nuclear power.
Uses scientific data and opinion to strengthen arguments in a
logical and reasonable manner
Examines the post Kyoto nuclear world
Kyoto was a nuclear incident related to the 2011 Fukushima
nuclear failure
Highly referenced, from credible and reliable sources
Explains all the processes and risks of Nuclear power
Discusses international cooperation
Possible Citation:
Almost everywhere one looks today, politicians, pundits and
prognosticators all declare nuclear power as a safe and carbon-free source
of electricity, a viable response to global climate change in a carbon-
constrained world.
What if the emerging nuclear renaissance is, in fact, just a clever ruse to
subsidize an industry with insurmountable logistical problems and little
hope of addressing global climate change?
Nuclear power plants are a poor choice for addressing energy challenges
in a carbon-constrained, post-Kyoto world. Nuclear generators are prone to
insolvable infrastructural, economic, social, and environmental problems.
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SOPHIE ANDERSON
Title Author
Nuclear power - the problems Greenpeace
Date published 2006 Date obtained
Summary of article
Anti-Nuclear Source that is an in-depth analysis the issue
relating to nuclear power. Significant environmental-associated
organisation therefore there is an obvious bias unto the
immediate and threatening effects of nuclear waste
Contains some links to other articles that examine similar points
Discusses how, on a global scale, nuclear power would be
unable to dramatically change climate change. However, in
Australia it would have a larger impact as it is more
concentrated into a smaller area
Possible citation
Allowing ten new reactors to be built would add threefold to the
amount of highly radioactive waste we already have to deal with. This
waste will remain dangerous for up to a million years: an outrageous
legacy to leave for many generations to come.
If a nuclear waste train was involved in a terrorist attack, tens of
thousands of people could be exposed to cancer causing radiation and
whole regions might have to be evacuated.
climate change itself also threatens the safety of nuclear power
stations; many reactors are built on coastal sites vulnerable to the
impacts of sea level rise, including flooding and erosion.
33
SOPHIE ANDERSON
Author: Title:
Ben Heard The strange tale of Australian
nuclear law
Date Published: Date Accessed:
2012 25th May 2017
Summary:
Examines the legislation found in the Environmental protection
and biodiversity conservancy act 1999.
Comments on the fact that Nuclear power is the only form of
energy or mining that has a direct ban on it, unlike all other
fuels and such which have limited bans or prohibitions or similar
laws.
There are many comments from readers, in which Heard has
answered in-depth and reliably with corroborating knowledge,
further evidencing his point and why these laws should be
changed
Does not explicitly state whether he wants all fuels to have
these laws, or these laws to be lifted from Nuclear Power
Possible Citation:
We miss out on uranium because of the Arkaroola protection but it is
probably worth it.
There is NO OTHER form of industrial activity that is subject to such
conditions; that provides no room for consideration whatsoever, that
expressly excludes the approval by the Minister, irrespective of the case
for or against it.
34
SOPHIE ANDERSON
Author: Title:
Jon Palfreman Why the French Like Nuclear
Energy | Nuclear Reaction
Date Published: Date Accessed:
2017 22 May 2017
Summary:
Recount of a province in Frances opinions, views and successes
relating to the implementation of a nuclear power plant in
Civaux
Discusses the individual stakeholders down to a minute level
and all the relevant effects that is has on their lives
Contains quotes from the people who live and work in Civaux as
well as politicians, workers and scientists.
Contains some background knowledge on how nuclear power
came to be and why it is such a good idea for France and the
rest of the world as well
Explores the relevant codes, legislation and other relevant laws
that help keep the nuclear industry functioning this is very
relevant and important for the assignment
Possible Citation:
People in France can be proud of their nuclear plants, but nobody wants to
be proud of having a nuclear dustbin under its feet
mad cow disease as being much scarier than nuclear power.
When the Civaux nuclear power plant comes on line sometime in the next
12 months, France will have 56 working nuclear plants, generating 76% of
her electricity.
The nuclear plant has brought jobs and prosperity to the area. Nobody I
spoke to, nobody, expressed any fear. Any traces of doubt they might have
had have faded as they have come to know plant workers, visited the
reactor site and thought about the benefits of being part of France's
nuclear energy effort.
35
SOPHIE ANDERSON
Author: Title:
Nei.org. Environment: Emissions Prevented -
Nuclear Energy Institute.
Date Published: Date Accessed:
2017 22 May 2017
Summary:
US Department of Energy Cited Website, containing scientifically
proven and justified evidence into the success of nuclear power in
preventing CO2 emissions.
Nuclear Energy Institute is an international institute that
advocates for world-wide usage of nuclear fuels and energy.
Discusses how nuclear power has actually decreased acid rain
showers, decreased emissions and that it should be considered as
a highly effective and worthy source of future power
Contains relevant and useful graphs, links and in-site links to other
sections covering similar topics
Possible Citation:
the single most effective emission control strategy for utilities was to
increase nuclear generation. Increased nuclear capacity and improved
efficiency at nuclear power plants since 1993 represents one-third of
voluntary carbon dioxide reductions from U.S.
Nuclear energy facilities avoided 554 million metric tons of carbon
dioxide in 2016 across the U.S. This is nearly as much carbon dioxide as
is released from nearly 118 million cars, which is more than all U.S.
passenger cars.
Worldwide nuclear energy avoids on average the emissions of about
2.5 billion metric tons of carbon dioxide per year.
50 percent to achieve targets under the Kyoto Protocol.
showed a 16.4 percent increase of nuclear generation that avoided
480,000 tons of sulphur dioxide
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SOPHIE ANDERSON
37
SOPHIE ANDERSON
Author: Title:
World-nuclear.org. US Nuclear Power Policy | Nuclear
Energy Policy USA - World Nuclear
Association.
Date Published: Date Accessed:
2017 22nd May 2017
Summary:
World Nuclear Organisation highly regarded organisation that
deals with the legislation, organisation and management of
publicly released information on Nuclear technology
Extensive summary and analysis of the US government policy
To some extent, analyses the stakeholders involved in this
process and how they are effected by certain policies,
legislature and understandings held globally and federally.
Examines federal loan guarantees for new plants and the other
economic impacts and contributions that the government is
involved in
Examines the key piece of legislature for this case; the 2005
Energy Policy Act and how it effects the certain stakeholders
(primarily the government)
Contains a table of how each relevant sector, energy company
and other economic stakeholders pay or are expected to pay to
ensure the longevity of the scheme
Examines the Social, Environmental, political and economic
spheres of the problem, with direct links to scientific, political
and financial evidence.
Possible Citation:
While the USA has more private sector participation in the production of
civilian nuclear power than any other nation, the government is heavily
involved through safety and environmental regulations, R&D funding,
and setting national energy goals.
Beginning in the late 1990s, US government policy and funding
decisions have encouraged the development of greater civilian nuclear
capacity.
The commitment to nuclear power as part of the USA's long-term
energy strategy continues, but there has been a reduction in some
nuclear programs as a result of greater emphasis on alternative sources
of energy.
The disposal and storage of high-level nuclear waste remains a major
unresolved issue.
Over the last 30 years public opinion has steadily grown more positive
towards nuclear energy
After much preliminary debate, the Energy Policy Act 2005 comfortably
passed both houses (74-26 in the Senate and 275-156 in the House). It
included incentives for the domestic nuclear power industry
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SOPHIE ANDERSON
Author: Title:
Green, J The nuclear war against Australia's
Aboriginal people - Intercontinental
Cry.
Date Published: Date Accessed:
2014 25th May 2017
Summary:
The impacts that nuclear technology has had on indigenous people and
how this is a direct violation of several rules, codes and to some extent,
the law
Discussed how there is an increased interest in using native land as
either mining, dumping or testing grounds for various nuclear actions
Examines the heritage acts in various states and how they all directly
exempt uranium mining lands from being claimed under Native Title and
how they can use previously claimed land for uranium mining
How communities are being disturbed and broken apart because of the
deals and actions taking place on especially sensitive land
Discusses various successes in uprisings, protests and appeals that have
indentured the nuclear technology path, meaning that it cannot continue
further, such as the Kungka uprisings
The adverse effects of nuclear-waste being dumped in various locations
whilst there are still people residing on those lands
Possible Citation:
Australia's nuclear industry has a shameful history of
'radioactive racism' that dates from the British bomb tests in
the 1950s
While a small group of Traditional Owners supported the dump,
a large majority were opposed and some initiated legal action in
the Federal Court
In 2003, the federal government used the Lands Acquisition
Act 1989 to seize land for the dump. Native Title rights and
interests were extinguished with the stroke of a pen.
New South Wales legislation exempts uranium mines from
provisions of the NSW Aboriginal Land Rights Act. The Western
Australian Government is in the process of gutting the WA
Aboriginal Heritage Act 1972 at the behest of the mining
industry.
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SOPHIE ANDERSON
Author: Title:
Evans, S. SA nuclear waste dump would
deliver $257b
40
SOPHIE ANDERSON
Author: Title:
Massola, J. and Gartrell, A. Put nuclear in the energy mix,
Coalition MPs tell Malcolm
Turnbull.
Date Published: Date Accessed:
2017
Summary:
A compilation of the quotes and comments on Nuclear power
from a range of coalition MPs, directed toward the Prime
Minister
Discusses primarily the benefits that nuclear power would bring
Australia economically, socially and environmentally as well as
how it impacts Malcolm Turnbull himself
explicitly quotes the Prime Minister himself
MPs on a Federal and State level
Encourages the implementation of nuclear energy sooner rather
than later, so that Australia can get a head start for future
energy crises
Reported to Fairfax media, and then transcribed in the article
May be slightly wrong as it is transcribed word of mouth as
opposed to in written form
Possible Citation:
shortfalls in gas supplies projected to hit the eastern and southern
states in the coming years
"We are a massive gas exporter. It is utterly untenable - unacceptable -
41
SOPHIE ANDERSON
Author: Title:
Moore, T Uranium mining: Campbell Newman's
two-week turnaround.
Date Published: Date Accessed:
2012
Summary:
Discussion of Queensland Premier, Campbell Newmans decision
to allow uranium mining in Queensland, despite recent public
announcements to scrap this type of allowance.
The tone of the article suggests that it is against this decision
42
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43
SOPHIE ANDERSON
Author: Title:
ABC News 'We've been led by fear and
mistruths': NSW Deputy Premier's
nuclear power bombshell
Date Published: Date Accessed:
2017
Summary:
The New South Wales Premiers political views on how Nuclear
Power could eventually be introduced into NSW legislation as it
would be highly beneficial for the state
How these comments have been received by the media,
opposition and cabinet members
Includes direct quotes from the speech given by John Bariolo
Argues the greener energy source would be socially and
economically advantageous a feasible and thus a healthy
addition to the system
Looks at other countries and their successes and then argues
the illogicality of Australias lack of nuclear power or significant
technology
Possible Citation:
You often hear about the impacts of mining, or fears about a power
plant, but you need to start looking at the facts,"
"Can you have nuclear power in a day where technology has changed
the way those power plants are built, and how they are decommissioned
and what we do with the waste material?
"The two things that motivate us in NSW are, number one, energy
security, and number two, keeping an eye on household bills,"
"The fact is nuclear energy is enormously expensive, consumes huge
amounts of water and of course Australia doesn't have a lot of spare
water to say nothing of the environmental issues,"
Author: Title:
Elbaradei, M., Nwogugu, E. and International law and nuclear energy:
Overview of the legal framework.
Rames, J
Date Published: Date Accessed:
1995. 25th May 2017
Summary:
Summarises certain recommendations and precautions that
could be put in place in order to ensure that nuclear power is
used safely now and into the future. Reviews all nuclear actions
set out in the EPBCA and how they could be legalised and why
this should happen. In depth analysis of the international
systems held by organisations such as the IAEA. Very pro-
nuclear, with no negative implications mentioned in depth,
rather there is a general glossing over of any information that
may dispute the positive message of the journal. Gives reason
44
SOPHIE ANDERSON
Author: Title:
Australian Broadcasting Corporation Nuclear power in Australia. ABC
radio news.
Date Published: Date Accessed:
2007 27th May 2017
Summary:
A radio interview with Dr. Ziggy Switkowski; who has been on the
Prime Ministers nuclear task force and is now Chairman of the
Australian Nuclear Science and Technology Organisation
Dr. Switkowski outlines all aspects of nuclear power, including the
issues, benefits and all other important aspects that should be
considered
He describes the role and outcomes of the Nuclear Review, and
how nuclear stacks up against our other energy alternatives.
Although Dr. Switkowski is a traditionally pro-nuclear scientist, the
interview is a more even an unbiased account, coming to a justified
and reasonable conclusion that nuclear power is beneficial, in a
way that is more acceptable due to all aspects being justified.
Possible Citation:
The global demand for electricity continues to grow strongly and the
figures vary but it's about 2% growth per year on the back of economic
growth in countries around the world and rising prosperity in countries
that aspire to our standard of living.
We were asked to focus on four areas uranium mining, the value-
adding steps, nuclear power and issues of waste and proliferation.
Specifically, with respect to nuclear, in June when I looked at the
submissions that were made to the inquiry and talked to communities
like this the main concerns expressed by the opponents to nuclear
power were:
concerns about the long-lived toxic nature of nuclear waste,
worries about the occurrence of a catastrophic Chernobyl-like accident,
and
issues to do with terrorism, proliferation etc.
Today those issues are still there, but frankly the debate has seen other
issues overtake them. Surprisingly to some extent given that only a
short number of months have elapsed and not because of our inquiry
but perhaps influenced a little bit by the discussions that we've caused
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SOPHIE ANDERSON
46
SOPHIE ANDERSON
Research
What is the issue?
It is illegal to use nuclear power in Australia, thus losing out on a potentially eco-
friendly and cost-efficient source of power. Nuclear Power presents an issue as it
is either a social and safety hazard or an environmental and economic benefit.
Where does the Law come in?
There are multiple acts, policies, groups and reviews relating to the regulation
and prohibition of nuclear power. These include:
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Progress Summary
Nuclear power now contributes 17% of the worlds power. It is a efficient and
reliable source of energy, employed by many countries, such as France and
Japan. However, it poses many safety and social concerns, such as nuclear waste
disposal and proliferation of resources. As a result, Australia has prohibited the
use of nuclear power in all states and territories, except Tasmania and the
Northern Territory. The most relevant of the legislation produced in found in the
Environment Protection and Biodiversity Act 1999. As well as state-specific
legislature. In order to successfully argue the two sides of the issue, case studies,
such as the French Nuclear Power system and the 20011 Fukushima disaster
must be analysed to determine whether the potential risk of nuclear disaster is
worth the economic and environmental gain. And, what can be learnt from such
an event when determining future legislation or decision dealing with the issue.
More nationally, the varying stakeholders must be examined to decide why this
is an issue, and who is being affected by it. For example, groups such as the
Greens are vehemently opposed to nuclear power due to its potential risks.
Another group against it are the Aboriginals, who feel that this step in nuclear
power would take up natural resources and land that traditionally belongs to
their people and tribes. On the flip side, many mining companies, as well as both
the liberal and the labour parties are more compliant to changes in legislation, as
it would generate an increase in employment, increase Australias reputation and
help close the gap on global warming. To conclude, it must be noted that the
fair, just and equitable is harder to determine solidly, and there are many
conflicting or undeterminable facts. However, there are many recommendations
that could lead to a future implementation of nuclear power in Australia.
Defi nitions
Nuclear Power: Electric or motive power generated by a nuclear reactor
Nuclear Waste: means radioactive material for which no further use is foreseen
(EPBCA).
Nuclear Proliferation: The spread of nuclear weapons and weapon like
technology
Renewable Energy: Energy from a source that is not depleted when uses (i.e.
solar, hydro and wind)
Nuclear Action:
nuclear action means any of the following:
(a) establishing or significantly modifying a nuclear installation;
(b) transporting spent nuclear fuel or radioactive waste products arising from
reprocessing;
(c) establishing or significantly modifying a facility for storing radioactive waste
products arising from reprocessing;
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WANO: World Association of Nuclear Operations, unites all countries that use
nuclear power commercially
IAEA: International Atomic Energy Agency that seeks peaceful nuclear use
Environment Protection and Biodiversity Conservancy Act: Central federal
legislation dictating environmental protection
Fossil Fuels: A natural fuel formed in the geological past
Uranium: Dense radioactive material used as a fuel in nuclear reactors
Fukushima Disaster: Nuclear energy accident, causing a meltdown
Green House Gases: CO2 and noxious chemicals that contribute to global
warming
Chernobyl: Wrong decisions during management of the plant caused an
explosion
Nuclear Fusion: Low atomic nuclear particles fuse to form a heavier release of
energy
Nuclear Fission: Heavy nuclear particles split and release energy
Technical Support Missions: Survey groups that identify and fix nuclear
problems.
Bipartisan: of or involving the agreement or cooperation of two political parties
that usually oppose each other's policies.
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Oil and Gas from Shale has brought about a dramatic reduction in
greenhouse gases in the United States, I am in favour of this use of
Nuclear Power
My view is that the nuclear option should be kept on the table. As it
becomes more economic more economic to have nuclear power, we
should entertain it
I believe I would be failing Australia, if I didnt factor in nuclear power as
part of the solution to global warming
Nuclear power is cleaner than power from coal and gas
It will inevitably become more economic to use nuclear power
KEVIN RUDD:
Theres a double standard here, where we dont have nuclear power, but
we are happy to sell uranium
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CRAIG KELLY
Nuclear has to be in the mix. If we are fair dinkum and say we need to cut
CO2 emissions, we have to look to nuclear.
The problem is the approval process would take over a decade, and have
to be bipartisan
WARREN ENTSCH
Given the technology now available and given the geological stability of
our country, it may well be a very practical interim arrangement for base-
load power
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Stakeholders:
ABORIGINAL AUSTRALIANS
Nuclear power-plants and waste dumps impede on Aboriginal land. As the
land is a sensitive area. The proposed nuclear dump in 2003 was overruled
by the Kungkas, that has become a setback for the nuclear power lobby
The Ranger Uranium Mine is exempt from the SA Aboriginal Heritage Act
New South Wales legislation exempts mines from the provisions, as does
the WA Aboriginal Heritage Act (1972)
The Australian Nuclear Free Alliance plays a leading role
We dont want to bequeath a legacy for future generations of a toxic
environment
It presents an unacceptable hazard, to the future and wellbeing of
indigenous communities
Serious health ramifications
Destructive impact
The aboriginal issue has been one of the strongest for Anti-nuclear power
Imposition on local tribes who resent major disturbance
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ALL AUSTRALIANS
All of Australia could be considered a stakeholder of Nuclear Power, as it
could potentially take over as a source of electricity, cutting electricity
bills, increasing tax, creating jobs and potentially risking the safety of
Australians if a nuclear accident occurs. Because of this high-level
stakeholder, especial consideration must be taken to ensure that when a
decision is reached, it has as minimal negative impact as possible.
MINING INDUSTRY
Would cause an influx of funding as more uranium mines are opened and
funding of three current mines increase.
Increase in employments during a potential second mining boom
May cause less funding or stress on the coal and gas industry
Economic increase
Weve got 1/3 of the world supply of low cost uranium
International competition will increase the demand
More research into the high-tech/ modern mining industry
Combining long term with an increasing global awareness for the
environment, Australias uranium and nuclear market has a secure and
sustainable upturn
ENVIRONMENTAL LOBBYISTS
Divided
o Waste concerns vs Carbon emissions
Causes the creation of more environmental groups
Need for fundraising to promote awareness
Causes a significant amount of research facilities to open to investigate all
areas of nuclear power
Mines take up environmentally protected land
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Legislation needed to protect and lessen the impact of nuclear power and
waste
Groups currently employed:
o Australian Greens party
o Friends of the earth
o Greenpeace
o Conservation council
o The wilderness society
Recommendations
Despite the risks, if the appropriate measures are taken, the implementation of
Nuclear Power can be a highly successful implementation. The outcome would
be cheap, green and sustainable power, that could raise Australias reputation,
begin a second mining boom and lower Australias CO 2 emissions. To make this
successful the recommendations are:
Review and reform the legislation making Nuclear Power legal, but keep in
place legislation that involve the proliferation of nuclear weapons and
harmful nuclear activity
Review heritage acts and outlaw nuclear activity on especially sensitive
areas, that have Native Title claims prior to a certain year
Introduce a branch of government that deals solely with the regulation,
protection and building of the nuclear industry
Incorporate Australian Nuclear Waste into the already introduced French
and British Nuclear-waste storage scheme
Pass legislation that means that bi-weekly checks on nuclear power
stations must be held, and that there are multiple back-up systems in
place to prevent disasters such as Chernobyl or Fukushima. As well as a bi-
annual review of nuclear power, that reviews all the safety, practicality
and economic elements of the
Adopt the French Energy Security policy and hold meetings and
discussions with France and Britain to ensure maximum safety,
profitability and success.
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