Kliimaministeerium / Ministry of Climate of Estonia’s Post

Today's unveiling of the Coalition's 'Our Plan for Zero-Emission Nuclear' Policy suggests a potential transformative shift in the landscape of nuclear law in Australia. Here are the key legal takeaways and what it may mean for the future of nuclear law: - Nuclear Prohibitions: To lift existing bans, amendments are required at both the Commonwealth and State levels. This includes changes to the Australian Radiation Protection and Nuclear Safety Act 1998 and the Environment Protection and Biodiversity Conservation Act 1999, alongside State acts such as the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 (NSW) and similar legislation in Queensland and Victoria. The SA and WA Prohibition Acts does not ban nuclear power. Alternatively State law can be overwritten by the Commonwealth. - Nuclear Safety: To manage nuclear power generation, the Australian Radiation Protection and Nuclear Safety Act 1998 will need amendments to expand Australian Radiation Protection And Nuclear Safety Agency's (ARPANSA) regulatory powers, ensuring our already competent and respected nuclear regulator is equipped for this new era. - Nuclear Liability: As Australia navigates this transition, ratifying the Convention on Supplementary Compensation for Nuclear Damage (CSC) could become crucial. This step will integrate us with global standards and attract specialised nuclear insurers and mutual insurance pools to our market, which is essential for managing the complex risk profiles of nuclear energy. - Nuclear Waste Management: The Coalition's proposal to consolidate the management of spent fuel from both AUKUS submarines and civilian nuclear plants in a single permanent repository necessitates legislative reforms. The current legal framework, as outlined in the proposed Australian Naval Nuclear Power Safety Bill 2023, is tailored specifically to military uses and does not extend to civilian nuclear activities. Additionally, the National Radioactive Waste Management Act 2012 currently does not encompass the management of high-level waste, such as spent nuclear fuel. These gaps highlight the need for an integrated legislative approach to safely and effectively manage all types of nuclear waste across both defence and civilian sectors. - Land Ownership and Acquisition: With The Hon. Peter Dutton MP's commitment to collaborate with current landowners of proposed sites, it's clear that the government may also utilise its land acquisition powers if necessary. Whether through purchase, compulsory acquisition, or voluntary processes, securing land is critical for the strategic placement of nuclear facilities under Commonwealth law. Is this all feasible? Absolutely! Australia is already implementing substantial legal reforms to support the nuclear-powered submarine program. Building on these changes to develop the necessary civilian nuclear law would not only be logical but also a seamless and strategic extension of our existing efforts.

Last week, I had the privilege of participating in the International Atomic Energy Agency (IAEA) Legislative Assistance Mission, hosted by the Ministry of Climate, as a representative of the Siseministeerium / Estonian Ministry of the Interior. This mission marked a significant milestone in Estonia’s journey toward developing a robust legal framework for nuclear energy. One of the key takeaways from this mission was the importance of embedding nuclear security and emergency preparedness and response into Estonia's legal and regulatory framework. These elements are crucial not only for safeguarding public safety but also for building trust and confidence in the safe and secure use of nuclear energy.

This quick guide provides an overview of current prohibitions on nuclear activities under Commonwealth, state and territory laws. It considers the primary legislation most relevant to current policy debates about domestic nuclear energy only and consequently does not consider recent changes to Commonwealth law to facilitate Australia’s acquisition of conventionally-armed, nuclear-powered submarines under the AUKUS partnership. It also does not include consideration of Australia’s international obligations in respect of nuclear activities, including the safeguarding of nuclear materials and the non-proliferation of nuclear weapons. If a domestic nuclear energy industry were to progress, it is expected that a comprehensive framework for the safety, security and safeguarding of the related nuclear material would need to be legislated to accommodate such an industry. Consideration of these issues is beyond the scope of this paper. The Parliamentary Library Confidential, Impartial, Timely https://lnkd.in/gjvXgF_p

Indo-US nuclear deal: Law that bars manufacturing here, Indian law on liability The primary obstacle for U.S.-India collaboration in nuclear energy is the 10 CFR Part 810 authorization under the U.S. Atomic Energy Act of 1954. While this regulation allows U.S. nuclear vendors to export equipment to countries like India under strict safeguards, it prohibits manufacturing nuclear equipment or conducting nuclear design work in India. This restriction conflicts with India's desire to participate in the nuclear manufacturing value chain and co-produce components for jointly planned atomic power projects. This limitation is viewed as a significant barrier from New Delhi's perspective.

𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐃𝐚𝐲 𝐟𝐨𝐫 𝐓𝐨𝐭𝐚𝐥 𝐄𝐥𝐢𝐦𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐍𝐮𝐜𝐥𝐞𝐚𝐫 𝐖𝐞𝐚𝐩𝐨𝐧𝐬- 𝟐𝟔 𝐒𝐞𝐩𝐭𝐞𝐦𝐛𝐞𝐫 𝟐𝟎𝟐𝟒 𝘉𝘺 𝘛𝘦𝘣𝘰𝘩𝘰 𝘔𝘰𝘴𝘦𝘣𝘰 / 𝘎𝘐𝘊𝘑 The 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗗𝗮𝘆 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗧𝗼𝘁𝗮𝗹 𝗘𝗹𝗶𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗡𝘂𝗰𝗹𝗲𝗮𝗿 𝗪𝗲𝗮𝗽𝗼𝗻𝘀 is observed on 26 September each year, established by the UN General Assembly in 2013 to promote awareness and participation in nuclear disarmament. It commemorates efforts to eliminate nuclear weapons and emphasises the dangers they pose, citing the atomic bombings of Hiroshima and Nagasaki as stark reminders.   In 2017, the Treaty on the Prohibition of Nuclear Weapons (TPNW) was adopted. This treaty prohibits activities related to nuclear weapons, such as creation, testing, and stockpiling. As of July 2024, 97 States have committed to the treaty.   Initiatives for the 2024 observance include educational seminars, advocacy for peaceful policies, panel discussions, online learning resources, and support for disarmament organisations. 𝗚𝗲𝗻𝗲𝘃𝗮 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗖𝗲𝗻𝘁𝗿𝗲 𝗳𝗼𝗿 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 (𝗚𝗜𝗖𝗝) echoes the General Assembly's call for the urgent commencement of negotiations and efforts to prevent the possession, testing, development, production, transfer, use or stockpiling of nuclear weapons. We further urge States not only to ratify the Treaty on the Prohibition of Nuclear Weapons (TPNW) but also to take tangible action to prohibit the use of nuclear weapons. Together, let's unite in peace and protect the world and its people from the harmful use of nuclear weapons!   #InternationalDay #NuclearWeapons #United #Peace #Disarmament #HumanRights #Geneva4Justice #GICJ #GenevaInternationalCentreforJustice

In her latest analysis, Bisma Batool critically examines the Nuclear Non-Proliferation Treaty (NPT), highlighting its inherent weaknesses, including asymmetry between nuclear and non-nuclear states, selective enforcement, and disarmament failures. Read the article: https://lnkd.in/eVU-AY6V

Pushing nuclear power in Queensland would be 'hugely messy' for a future Dutton government, constitutional law experts say https://lnkd.in/gt5Mt7q5 Asked again about nuclear power yesterday, Queensland Premier David Crisafulli held firm to the LNP's position that it will not repeal the state's nuclear ban. What does the law say? Building nuclear reactors is prohibited by the Queensland Nuclear Facilities Prohibition Act: https://lnkd.in/gXbKBhhJ. Constitutional law experts say Queensland ultimately has no legal power to stand in the way of a federal government determined to build nuclear reactors in this state. Section 109 of the Australian Constitution is unequivocal on such a dispute: "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid." But University of Queensland electoral law expert Professor Graeme Orr thinks having a federal government override the state in this case would be nowhere near that simple. On the contrary, he believes it would be "hugely messy". "There isn't a simple precedent for this kind of thing, let alone for it being Liberal-on-Liberal conflict," Professor Orr said. "But the politics of nuclear power is going to make this different from some other earlier questions about power between levels of government. "First of all, if the state doesn't want to give up Crown land, the Commonwealth have to forcibly acquire that Crown land, pay for it and and transfer it." #UQ Rick Bigwood

From Conflict to Cooperation: Westinghouse and South Korea Settle IP Dispute In a landmark move that will resonate across the nuclear energy landscape, Westinghouse Electric Company has just announced a global settlement with Korea Electric Power Corporation (KEPCO) and Korea Hydro & Nuclear Power (KHNP), resolving a long-standing intellectual property dispute that has hindered international nuclear projects. This agreement is not just a legal resolution; it's a beacon of progress for our industry. The Background: The dispute began in October 2022 when Westinghouse sought to block the export of the APR1400 reactor design by KHNP and KEPCO, citing ownership of the underlying IP. After a series of legal maneuvers, including countersuits by KHNP, the case was dismissed by the US District Court in September 2023, setting the stage for this settlement. The Settlement: While the specifics remain confidential, this agreement signifies a mutual commitment to dismiss all ongoing legal actions and move forward with certainty. Westinghouse CEO Patrick Fragman expressed optimism, stating, "As the world demands more firm baseload power, we look forward to opportunities for cooperation to deploy nuclear power at even greater scale." Global Impact: This resolution clears the path for KHNP's pivotal $17.1 billion deal to construct two nuclear reactors at the Czech Republic's Dukovany site, expected to be finalized by March. It also restores the 50-year partnership between Westinghouse and the Korean firms, opening doors for future global nuclear endeavors. Strategic Alliances: The settlement comes on the heels of a US-South Korea MoU on nuclear exports and cooperation, underscoring the strategic importance of this partnership. As US Secretary of Energy Jennifer Granholm noted, this collaboration "could pave the way for hundreds of billions of dollars in cooperative projects," enhancing job creation and upholding non-proliferation standards. Industry Support: Cameco, a leading nuclear fuel provider and part-owner of Westinghouse, supports this agreement, with CEO Tim Gitzel highlighting its role in advancing carbon-free energy solutions globally. Call to Action: As professionals in the nuclear energy sector, this development presents us with a unique opportunity to engage in shaping the future of nuclear technology deployment. Let's: Discuss: Share your insights on how this agreement could influence nuclear projects in your region or globally. Collaborate: Explore potential partnerships or initiatives that could leverage this new era of cooperation. Educate: Use this moment to educate others about the importance of nuclear energy in our sustainable future. Let's harness this momentum to drive innovation, secure energy supplies, and meet our global climate goals together. The future of nuclear energy is brighter with this unity. #NuclearEnergy #Innovation #GlobalCooperation #Sustainability #EnergySecurity #NuclearLaw #Westinghouse #KEPCO #KHNP

IAEA Information Circular 153 (INFCIRC/153) titled "The structure and content of agreements between the Agency and States required in connection with the Treaty on the Non-proliferation of Nuclear Weapons" was promulgated in June 1972 is a key #safeguards document. It is the framework upon which the vast majority of safeguards agreements between the International Atomic Energy Agency (IAEA) and States are built. INFCIRC/153 is not itself an agreement, just the model for an agreement text. Actual agreements are based on GOV/INF/276 which I will discuss tomorrow. INFCIRC/153 was produced in a series of meetings of States that is referred to as Committee 22. This Committee met in Vienna and discussed a very wide range of issues and recorded their common understanding of what was needed in the text that became INFCIRC/153. There was a tension in the negotiation between States' concern for their own sovereignty and the need for the IAEA to be given the authority to fulfil its mandate. States wanted safeguards to avoid getting in the way of their legitimate development of peaceful nuclear applications. In a clear break from INFCIRC/66 safeguards, under INFCIRC/153, nuclear material is the focus of the IAEA safeguards effort rather than facilities or equipment. The first paragraph makes clear each safeguards agreement's intent: BASIC UNDERTAKING 1. The Agreement should contain, in accordance with Article III. 1 of the Treaty on the Non-Proliferation of Nuclear Weapons, an undertaking by the State to accept safeguards, in accordance with the terms of the Agreement, on all source or special fissionable material in all peaceful nuclear activities within its territory, under its jurisdiction or carried out under its control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.

OCNI recognizes the significance of the Canada-Poland Nuclear Energy Cooperation Agreement, a milestone that strengthens international collaboration and opens new channels for the Canadian nuclear supply chain to deliver expertise and technology on a global scale. As Poland ramps up its clean energy sector and phases out coal, this agreement paves the way for increased trade, innovation, and job creation within Canada’s nuclear industry. OCNI’s core pillar of Global Reach is about fostering international partnerships that drive the success of our members, and this agreement aligns perfectly with that mission. We look forward to seeing the positive impact of this partnership and the role Canadian nuclear expertise will play in supporting Poland’s clean energy sector. 🤝 Read more here: https://lnkd.in/dmYqPUXn