Overview
The process to license a National Radioactive Waste Management Facility (NRWMF) is described in ARPANSA’s Regulatory Guide: Applying for a licence for a radioactive waste storage of disposal facility (January 2019) (the Guide) and Information for Stakeholders: Radioactive Waste Storage and Disposal Facilities (May 2017).
The guide provides information on documentation, relevant to the type of facility, to be submitted to make an informed assessment of whether the proposed facility sufficiently addresses the matters that should be taken into account by the CEO in making a licensing decision.
The ARPANSA Radiation Protection Series Code for Disposal Facilities for Solid Radioactive Waste (2018) RPS C-3 is also expected to be followed by the licence applicant. This code sets out:
a) the radiation protection principles and regulatory requirements for the safety and security of disposal of solid radioactive waste that will ensure that the protection against radiation risks for people and the environment is optimised
b) a nationally uniform framework for the safe and secure disposal of solid radioactive waste
c) an appropriate authorisation framework, including the clear allocation of responsibilities and provision for independent regulatory review and inspection
d) a requirement for the preparation of a ‘safety case’ that draws upon the organisational and technical arrangements put in place, the nature of the waste to be accepted, the characteristics of the site, the design of the facility including engineered barriers, and the arrangements for its construction, operation, closure and post-closure stages
An advisory note: consultation and engagement on public health: considerations for siting, construction, and operation of a radioactive waste disposal facility provides explanation of health and wellbeing as referred to in RPS-C3
The essence of the licensing decision is whether the applicant can supply a safety case that satisfies the ARPANSA CEO that the facility would not have an adverse impact on human health or the environment. The CEO is required to take into account international best practice in relation to radiation protection and nuclear safety. The CEO must also invite public submissions on the application and take any submissions into account when making a licensing decision. The process is shown in the diagram below:
The licensing process
Commonwealth legislative requirements
The establishment of an NRWMF is governed by the National Radioactive Waste Management Act 2012.
The key legislation governing the licensing of an NRWMF is the Australian Radiation Protection and Nuclear Safety Agency Act 1998 and the Australian Radiation Protection and Nuclear Safety Regulations 2018. An NRWMF would also need to adhere to the Environment Protection and Biodiversity Conservation Act 1999, and the Nuclear Non‑Proliferation (Safeguards) Act 1987.
Staged licensing process
The licensing of a facility for the storage or disposal of radioactive waste is a staged process. The different stages include:
- licence to prepare a site
- licence to construct
- licence to operate
- licence to decommission (waste store)
- licence to close (waste disposal facility)
- site release and surrender of licence.
The diagram below illustrates that monitoring and surveillance is undertaken throughout the life of the facility from before construction until the site is released from regulatory control. Following closure of a disposal facility, the period of institutional control may extend well beyond 100 years during which time there is ongoing monitoring and surveillance. After this time, the site will be released from regulatory control and the licence will be surrendered. The site will then be in a period of passive safety.
The staged approach allows for continuous improvement in the design, operation and safety through the lifetime of the facility; the safety case and accompanying safety assessments are reviewed and developed accordingly.
The licence application for each stage needs to be forward looking and contain sufficient information on the safety and security aspects of subsequent stages, to allow the CEO to make an informed decision.
A new licence application is required for each stage of a facility. For co-located facilities, such as a waste store and a disposal facility there will be one application per facility.
