Dr NELSON (Bradfield—Minister for Education, Science and Training) (9.01 am)—I move:
That this bill be now read a second time.

The purpose of this bill is to put beyond doubt the Commonwealth’s power to make arrangements for the safe and secure management of the small quantity of radioactive waste produced by Commonwealth agencies from the use of nuclear materials in medicine, research and industry.

Radioactive waste management includes all of the activities that are involved in the handling, treatment, conditioning, transport, storage and disposal of radioactive waste. Successive Australian governments since the Hawke Labor government have endeavoured to make responsible arrangements for managing Australia’s radioactive wastes. In doing so they have been defeated by the attitude of state and territory governments who fully agree with the need for such facilities providing they are ‘not in their backyard’.

In an attempt to deal with such parochialism, an objective, scientifically based, study to find a highly suitable site for a national low-level radioactive waste repository was initiated in July 1992 by the then Minister for Primary Industries and Energy, the Hon. Simon Crean MP. After considerable effort and expense this process ended last year following action in the Federal Court by the Rann Labor government to oppose use of the selected site near Woomera in South Australia.

In response to the intransigence of the South Australian government, the Prime Minister announced on 14 July 2004 that the national repository project would be abandoned and the Australian government would examine sites on Commonwealth land, both onshore and offshore, for a colocated facility for management of low and intermediate level radioactive waste produced by Commonwealth agencies. State and territory governments are now expected to make their own arrangements for managing radioactive wastes in their jurisdiction, in a manner consistent with Australia’s international treaty obligations.

In July 2005 I announced that, following a significant desktop examination of Commonwealth sites, including offshore territories, the Australian government will undertake detailed on-site investigations at three sites on Commonwealth owned land in the Northern Territory.

Mr Snowdon—And not anywhere else. Why not?

Dr NELSON—The three sites include a site called Fishers Ridge, about 43 kilometres south-east of Katherine.

Mr Snowdon—You are outrageous; this is disgusting.

Dr NELSON—The second site is near Harts Range, 100 kilometres directly north-east of Alice Springs.

Mr Snowdon—You are outrageous.

The SPEAKER—Order! The member for Lingiari!

Dr NELSON—And the third site is Mount Everard, about 27 kilometres directly north-west of Alice Springs. These three sites are currently Department of Defence sites owned by the Commonwealth.

Over the next year a detailed site selection process will be undertaken, with a range of studies being conducted to identify a preferred site or sites for detailed environmental impact assessment in accordance with the Environment Protection and Biodiversity Conservation Act.

Mr Snowdon—You’re doing it because you can, not because it’s responsible.

Dr NELSON—These studies will include assessment of site characteristics such as security, transport access and geological, floral, faunal and heritage as-pects. Subject to environmental approval, the preferred site and related project proposals will then need to satisfy the licensing procedures for radioactive waste management facilities set out in the Australian Radiation
Protection and Nuclear Safety Act. Subject to these further regulatory approvals, it is envisaged that the facility will be constructed and become operational in 2011. Indeed, it must.
While the Australian Radiation Protection and Nuclear Safety Act and the Environment Protection and Biodiversity Conservation Act provide authority to site, construct and operate the Commonwealth Radioactive Waste Management Facility, legislation is required to reduce the potential for costly delays by putting these powers totally beyond doubt.

Mr Snowdon—You don’t care what the Northern Territory community say, do you?

The SPEAKER—Order! The member for Lingiari!

Mr Snowdon—This is outrageous.

The SPEAKER—I warn the member for Lingiari!

Mr Snowdon—He’s outrageous.

The SPEAKER—The member for Lingiari will remove himself from the House under standing order 94(a).

The member for Lingiari then left the chamber.

Dr NELSON—Recent statements from the Northern Territory government that it will attempt to obstruct the project reinforce the need for this legislation in the interests of responsible management of Commonwealth radioactive waste. This is a national interest issue.

Part 2 of the bill provides clear and express powers for the Commonwealth to proceed with activities necessary or incidental to further investigating the three sites the government has identified in the Northern Territory.
This is necessary because the territory government has introduced a specific law purporting to prohibit the Commonwealth from establishing a facility, which could include activities essential to the process of selecting a site for the establishment of a Commonwealth facility. Further, they have made it clear they
will do everything possible to halt or frustrate the Commonwealth’s actions.

Because of these very real concerns about politically motivated obstruction of the Commonwealth’s activities and the need to progress this important project, the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Environment Protection and Biodiversity Conservation Act 1999 will not apply to
the site investigation phase of the project.

Part 3 of the bill provides that the responsible minister may declare one, or part of one, of the specified sites as the place where a facility may be established and operated, subject to the Commonwealth regulatory processes I have mentioned earlier. Part 3 also allows for an access route to be declared in order to provide for all-weather road access to the site.

Part 3 of the bill also effects the acquisition or extinguishment of all interests, if any, which the Commonwealth does not already hold in the site selected for a facility. Part 5 of the bill, importantly, provides
for affected parties, if there are any, to be compensated on just terms.

A number of existing state and territory jurisdictions purport to prohibit or regulate the Commonwealth’s activities in establishing and operating a facility and/or transporting radioactive material to a facility. State and territory jurisdictions may introduce additional legislation purporting to prohibit or regulate the Commonwealth
in these activities.

Notwithstanding any state or territory legislation, part 4 of the bill provides the Commonwealth with the express authority to do anything necessary or incidentally required to proceed with the establishment and operation of a Commonwealth facility at the selected site, and transport waste to the facility. To ensure there
is no suggestion that the Commonwealth would seek to circumvent proper Commonwealth regulatory scrutiny, the bill explicitly provides that the processes under the Environment Protection and Biodiversity Conservation Act 1999, the Australian Radiation Protection and Nuclear Safety Act 1998 and the Nuclear Non-Proliferation (Safeguards) Act 1987, must be complied with.

In particular, the operation of the facility, including transport of radioactive waste, will proceed in accordance with licences issued by the Australian Radiation Protection and Nuclear Safety Agency, known as ARPANSA. The highest standards of safety will be applied to ensure that operation of the facility does not present a hazard to people or the environment in the Northern Territory or along interstate transport routes.

Transport of radioactive material has an excellent safety record internationally and in Australia, with around 30,000 packages of radioactive material transported safely around the country each year.

The government would have preferred to act with the cooperation of the states and territories, whose citizens receive direct and life saving benefits from the Commonwealth’s activities in this field.
It ought to be remembered by the House that every Australian, every member of this parliament, will at least once throughout his or her lifetime, benefit from a medical procedure with a radioisotope
sourced from Lucas Heights and that waste needs to be securely and properly stored in the longer term.

As a measure of this government’s intentions we have offered to allow access to the new facility by the Northern Territory for management of its radioactive waste. The Northern Territory currently has 16 cubic metres of low level radioactive waste at the Royal Darwin Hospital in the middle of Darwin, and also intermediate level waste at Mount Todd in the vicinity of one of the proposed three sites. However, despite the lack of cooperation, the government will not shy away from doing what is required in the interests of all Australians. It is worth noting that the scientific basis for safely operating a facility such as the Commonwealth is proposing is well established and widely applied internationally. I have yet to hear a sensible, practical alternative from those opposed to the Commonwealth Radioactive Waste Management Facility.

Those opposed to it might reflect on the fact that there are 124,000 cubic metres of nuclear waste stored in Champagne, one of the most beautiful areas of France and highly acclaimed internationally.

It is extremely important that all Australians understand that we cannot expect to receive the benefits of nuclear-sourced radioisotopes and then totally disregard or even actively oppose the need for facilities for the safe, long-term storage of low-level and intermediate level waste.

On average, every single Australian will benefit at least once from a medical procedure to either diagnose or treat a cancer or other disease using a radio-pharmaceutical sourced from Australia’s only nuclear reactor. Every year more than 400,000 Australians undergo medical procedures that use the isotopes produced
by Australia’s only nuclear reactor and save people’s lives every day.

There are also a host of applications of radioactive materials that we rely upon and indeed take for granted, in areas as diverse as sterilisation of bandages, syringes and women’s hygiene products, minerals exploration— particularly in the Northern Territory—and processing, ensuring the safety of oil and gas pipelines and accurate filling of bottles and cans containing food and beverages. Every Australian, including Northern Territorians, benefits substantially from these initiatives.

To ensure that these medical and industrial procedures and products are available in the future, we have a responsibility to provide the facilities needed for managing the small quantity of radioactive wastes that arise in their production and use. We are looking at 0.00002 per cent of the land mass of the Northern Territory on Commonwealth owned land. Passage of the bill is essential if Australians are to continue to realise the benefits of the wide range of uses of radioactive materials in our daily lives.

Full details of the measures in the bill are contained in the explanatory memorandum that has been circulated to honourable members. I commend the bill to the House. It is in the interests of this country.