Radioactive waste nomination process
1. How do I submit my nomination?
The nomination guidelines and form are available at www.radioactivewaste.gov.au.
A nomination must meet certain criteria, including that it:
(i)
be in writing;
(ii)
be made to the Minister;
(iii)
specify the land nominated; and,
(iv)
contain evidence that the interest in the land held by the Nominator or
Nominators of the land is as required.
Nominations must be in accordance with rules set out in section 8 of the National
Radioactive Waste Management Act 2012. A copy of these rules is attached to the
nomination form.
Completed nominations can be lodged:
(i)
via email at radioactivewaste@industry.gov.au;
(ii)
via post at
(iii)
via hand delivery by contacting the Department on 02 6243 7030.
The Minister for Industry and Science
c/o- The Department of Industry and Science
National Radioactive Waste Management Section
GPO Box 1564
Canberra ACT 2601
Nominations should be submitted before 5:00pm AEST on Tuesday 5 May 2015.
Consistent with the Minister’s discretion under the Act, nominations made after this time
might not be considered.
2. What type of evidence of community consultation could I provide?
It is not necessary to provide evidence of community support at the time of lodging a
nomination. If you wish to provide this information, types of evidence may include:
a. letters of support from neighbouring land owners, Councils and community
groups;
b. copies of Council resolutions supporting the nomination;
www.radioactivewaste.gov.au
c. a petition from community members in support of the nomination.
3. Will my nomination be kept confidential?
Your personal details will not be made public, however the government will provide
details of the locations of all nominated sites when the Minister announces the intention
to approve shortlisted nominations. On current timeframes this will be in July 2015.
4. Who do I contact for more information about the process?
Further information on the call for nomination process can be obtained by calling 02 6243
7030 or via email at radioactivewaste@industry.gov.au. Please note that this advice
relates to how the nomination process will be undertaken under the National Radioactive
Waste Management Act 2012. The department cannot give legal or financial advice to
those proposing to nominate land.
5.
Do I need to engage independent legal advice?
The government encourages all landholders proposing to nominate land to seek and
engage independent legal advice during the nomination, site selection and site
acquisition processes.
6. Will the design on the website be the final facility design?
The facility on the website is a concept design of an international best practice facility
tailored to Australia’s requirements. Final design of the facility will be developed to best
suit the characteristics of the preferred site.
7. What types of land title can be nominated for the facility?
Section 7 of the Act describes the types of landownership eligible for nomination. These
include freehold title, pastoral leasehold land and native title holders. Landowners in all
States and Territories may nominate land for consideration.
8. Can a State Government or Local Council nominate land?
Yes, provided that the nomination meets the requirements of the National Radioactive
Waste Management Act 2012. The details of a nomination from a State Government or
Local Council would need to be assessed on a case by case basis.
9. Can I jointly nominate land with my neighbour?
No. The Act does not provide for several owners of distinct parcels of land jointly
nominating a site across property boundaries.
Joint tenants or tenants in common of a single property are eligible to nominate a site.
10. Can land be nominated by a body corporate?
Yes, although the government would encourage any such nomination to be forwarded on
the basis of consultation with lessees.
11. How will the land value be calculated if the Commonwealth acquires the site?
Land value will be calculated with reference to the relevant process for valuing land under
the Lands Acquisition Act 1989 plus a premium of three (3) times the value determined.
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12. Can I withdraw my nomination during the process?
Land nominations may be withdrawn at any stage prior to approval under the Act of the
nomination by the Minister. Nominations will only be approved for detailed analysis and
consideration with the consent of landowners. Once a nomination has been approved
the Minister, it cannot be withdrawn by the landowner.
13. If my nomination is approved or short listed, can I sell the property or transfer
title?
Approved land may only be sold, transferred, leased or otherwise dealt with under
exceptional circumstances and with the consent of the Government.
Landowners with approved land nominations will be requested to enter into a license
agreement relating to the nominated land. The agreement will set out the detailed site
assessment activities to be conducted on the land and include a payment to the
landowner for this use of the land. It will also require that no dealings be made in relation
to the land without the express consent of the Government.
14. Do I have to nominate my whole property or the site?
No. You can specify just the parcel of land you are prepared to nominate.
15. Should my site be selected, how will the facility affect other adjoining properties I
own?
The Commonwealth will work to ensure that any such impacts are minimized through
appropriate design and operation of the facility and in consultation with the landholder.
16. Will the Commonwealth pay to access my land to undertake physical site
assessments?
Yes. The license agreement will include payment to landowners for use of the land
during detailed site assessment activities. The payment would be subject to negotiations
between the landowner and the Government.
17. Will physical site assessments restrict my ability to conduct business/recreational
activities on my property?
The intention is to ensure that minimal disruption is caused as a result of site assessment
activities. However, some disruption may be inevitable and payments will be made to
landowners in recognition of this.
18. How long will the assessment process take? When will I find out if my property
has been shortlisted?
Assessment of nominated sites will take place during May and June 2015. The Minister
intends to announce a shortlist of sites in July 2015, followed by a 60 day public comment
period on the intention to approve these nominations.
19. Will I get notified before my property is announced as a short listed site?
Yes. Owners of shortlisted sites will be contacted prior to public release of the shortlist.
20. Will the Commonwealth assist with community engagement?
Yes. Extensive community engagement and information campaigns will be conducted,
with a particular focus on the communities of shortlisted sites.
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21. Will my local community get a say in whether my property should be a site for the
facility and on the design of the facility?
Yes. The Minister will provide a 60 day period for public comment on the intention to
approve shortlisted sites, in accordance with the requirements of the Act. Comments
received will form part of the Minister’s consideration on whether to approve these sites
for detailed assessments.
Once sites are approved, there will be ongoing opportunities for the community to be
involved in the proposal through Regional Consultative Committees to be established by
the government.
22. Will security be provided to short-listed sites?
Security at short-listed sites will be assessed on a case by case basis in conjunction with
landowners and relevant authorities.
23. What are the risks to human health and the environment associated with the
facility?
Australia’s nuclear industry has a strong safety record and the national facility will be
established in accordance with international best practice.
All aspects of establishing the national facility, including site selection, construction and
operation, will be subject to assessment under Australia’s strict environmental and
radiation protection regulatory regimes. This requires the Government to demonstrate
that there will be no adverse impact on human health or the environment arising from the
national facility. The regulatory assessment processes include extensive community
consultation and provide opportunities for stakeholders and members of the public to
provide submissions for consideration.
24. Will the facility be converted to an intermediate or high level waste disposal facility
in the future?
No. The facility will be established for disposal of low-level radioactive waste and storage
of intermediate-level waste pending future disposal at another site. Intermediate-level
waste will not be disposed of at the facility. No high-level waste will be managed at the
facility.
25. What benefits will be provided to the community to support a facility?
The Act requires that a National Repository Capital Contribution Fund be established for
the purposes of providing enhanced public services and/or infrastructure in the relevant
State and Territory. This fund must be credited with a minimum of $10 million by the
Commonwealth in order for the facility to become operational. These Funds may be
drawn upon once the facility is operational.
The Government also intends to negotiate a package of benefits with the community of
the selected site in recognition of the potential development, construction and operational
impacts of the national facility.
26. Do I have to provide information to address all the criteria?
No. There is no requirement to provide information relating to the site assessment
criteria. The Department will draw upon a range of Australian Government datasets and
other information during the site assessment process.
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The rules for nomination are set out in section 8 of the Act and include a requirement to
prove a nominator’s interest in the land. Landowners may choose to provide any
additional information they consider could be of assistance during the assessment
process.
27. Will site inspections be undertaken prior to shortlisting?
The initial site assessment process will be a desktop study drawing upon the extensive
data sources available through Geoscience Australia and other government agencies. In
cases where data is either unavailable or requiring confirmation, there may be a need for
site inspections for the purposes of surveying and other similar, low-impact
investigations.
28. Do I need the agreement of my neighbours to nominate my property?
While this is not a requirement for nominating land, any evidence of neighbour and
community consultation that you have undertaken may strengthen the case for a
nomination.
29. Who is responsible for obtaining the necessary approvals for the facility?
The Government is responsible for obtaining all necessary regulatory approvals.
30. Am I able to nominate only part of my property?
Yes, however nominators are encouraged to nominate all areas of land that they would
like to be considered for the national facility. In cases where a large area of land is
nominated and considered for approval, the Government may work with the nominator to
determine whether a part of that land may be carried forward for approval.
31. Can I lease my land to the Commonwealth for the facility?
No. The selected site for the facility will be acquired by the Commonwealth in
accordance with the Act.
32. Will my descendants have the ability to regain title to the land after the facility has
been closed and the site deemed safe?
The Commonwealth will be required to maintain control over the facility until
decommissioning is complete and the nuclear regulator is satisfied that it can be returned
for public or private use. This is expected to be approximately 400 years from
establishment, consisting of 100 years of operations and 300 years of post-operations
monitoring and decommissioning. Use of the site following decommissioning would be a
matter for a future Government.
33. How will the price be determined for my land?
The Commonwealth proposes to pay four (4) times the value of the land to the holder of
the selected site. This would be determined with reference to:
1. the process for establishing land value in the Lands Acquisition Act 1989 (Cth); plus
2. a premium of three (3) times the value established under that process.
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