Could delay the energy transition
Critics argued that lifting the bans could distract from or slow the shift already under way to other low-emissions electricity sources, especially if nuclear projects take too long to deliver.
Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions)
Current status
This bill did not become law and is no longer proceeding.
Policy area
Climate, energy & environment
What does this bill do?
Australia would remove the federal ban that stops the Environment Minister from considering, declaring or approving nuclear power plants and related fuel-processing facilities under national environment law.
Why was it introduced?
Federal law currently blocks the Environment Minister from even considering or approving nuclear power plants and related fuel facilities, and separately bans building or operating some of them. This bill removes those blanket bans so proposals can be assessed under normal environment, radiation and safeguards laws instead of being ruled out automatically.
Broader context
Commonwealth law had barred nuclear power plants and related fuel-processing facilities since a 1999 Senate amendmentA change made in the Senate that inserted the original federal ban on nuclear power plants and related fuel facilities., so proposals were blocked before they could be tested under the usual environment, radiation and safeguards rules. As support for reopening the issue resurfaced, this 2022 bill sought to repeal those blanket federal bans so nuclear projects could at least be assessed under existing approval systems, but Parliament did not pass it and the bill lapsed when the Parliament ended in July 2025.
Key criticism
The main case against removing the nuclear bans was that it could open the way for a slow, contentious technology rollout needing major extra regulation and state cooperation, while risking delays to Australia’s energy transition and creating local concerns about water, waste and accidents. These objections were raised mainly in later public debate and state-level commentary rather than as a strong recorded parliamentary campaign against this bill, so the criticism appears real but limited and conditional.
Who supported it?
Senator Matthew Canavan introduced this bill. Speeches supporting it came from LNP.
Introduced in Senate 28 Sept 2022
Failed in Senate 21 July 2025
Did not reach House —
Did not become law —
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
1027 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
What does this bill do?
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Australia would remove the federal ban that stops the Environment Minister from considering, declaring or approving nuclear power plants and related fuel-processing facilities under national environment law.
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Australia would remove the federal ban on building or operating certain nuclear facilities under the Australian Radiation Protection and Nuclear Safety Act 1998The federal law that regulates radiation safety and currently includes a ban on building or operating certain nuclear facilities..
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Proposals for nuclear plants would still have to go through the usual national environmental assessment processThe normal federal approval process a proposal would still have to go through after the bans are removed. instead of being blocked automatically at the start.
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States and territories would still keep their own powers to protect people and the environment from radiation risks, even if the federal bans were removed.
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Anyone proposing a nuclear facility would still need a permit under Australia's nuclear safeguards lawThe federal safeguards law that still requires a permit before a proposed nuclear facility can go ahead., with the Foreign Affairs Minister deciding whether to issue it.
Show source excerpts
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removing the blanket prohibition on the Minister for Environment and Water declaring, approving, or considering actions relating to the construction or operation of certain nuclear facilities as described in sections 37J, 140A and 146M, and paragraph 305(2)(d) of the Environment Protection and Biodiversity Conservation Act 1999, by repealing those provisions; and
Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum -
removing the blanket prohibition on the construction or operation of certain nuclear facilities as described in section 10 of the Australian Radiation Protection and Nuclear Safety Act 1998, by repealing that section; and
Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum -
the other elements of the Environment Protection and Biodiversity Conservation Act 1999, pursuant to which the Minister would assess any application to establish a facility previously named in the repealed provisions;
Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum -
state and territory powers to protect their citizens and the environment from potential adverse radiation impacts; and
Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum -
the power vested in the Minister for Foreign Affairs to determine whether or not to issue a permit under the Nuclear Non-Proliferation (Safeguards) Act 1987 for such a proposed facility.
Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum
Context
Broader context for this bill
Commonwealth law had barred nuclear power plants and related fuel-processing facilities since a 1999 Senate amendmentA change made in the Senate that inserted the original federal ban on nuclear power plants and related fuel facilities., so proposals were blocked before they could be tested under the usual environment, radiation and safeguards rules. As support for reopening the issue resurfaced, this 2022 bill sought to repeal those blanket federal bans so nuclear projects could at least be assessed under existing approval systems, but Parliament did not pass it and the bill lapsed when the Parliament ended in July 2025.
- 10 Dec 1999
Senate adds the federal ban on nuclear power plants
A Senate amendmentA change made in the Senate that inserted the original federal ban on nuclear power plants and related fuel facilities. inserted prohibitions that stopped Commonwealth approval or operation of nuclear power plants and related fuel facilities, creating the legal barrier this bill later targeted.
Second reading speech ↗ - 21 Oct 2019
One of the senators behind the ban says Australia should revisit nuclear power
The Australian Financial Review reported that former senator Michael Forshaw had second thoughts about the 1998-99 prohibition, showing the long-settled ban was back in debate.
Australian Financial Review ↗ - 28 Sept 2022
Bill introduced to remove federal nuclear energy prohibitions
The bill was introduced in the Senate to repeal the EPBC ActThe main federal environment law this bill changes, including the parts that currently block nuclear plant proposals from being considered or approved. and ARPANSA ActThe federal law that regulates radiation safety and currently includes a ban on building or operating certain nuclear facilities. provisions that automatically blocked specified nuclear facilities.
Parliamentary timeline ↗ - 28 Sept 2022
Sponsors argue nuclear projects should face normal approvals instead of an automatic ban
The second reading speechThe speech explaining why the bill was introduced and what its sponsors say it is meant to do. said any future plant would still need environmental assessment, radiation licensing, safeguards permits and compliance with state and territory laws.
Hansard ↗ - 21 July 2025
Bill lapses at the end of Parliament
Because the bill was not passed before the Parliament ended, the federal prohibitions it sought to repeal stayed in place.
Parliamentary timeline ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 28 Sept 2022
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 28 Sept 2022
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Environment and Communications Legislation Committee; Committee report (11/08/2023) review 27 Oct 2022
Referred to Committee (27/10/2022): Environment and Communications Legislation Committee; Committee report (11/08/2023)
Referred to committee
APH bill page notesLapsed at end of Parliament 21 July 2025
The bill reached this recorded parliamentary step.
Key criticism
The main case against this bill
The main case against removing the nuclear bans was that it could open the way for a slow, contentious technology rollout needing major extra regulation and state cooperation, while risking delays to Australia’s energy transition and creating local concerns about water, waste and accidents. These objections were raised mainly in later public debate and state-level commentary rather than as a strong recorded parliamentary campaign against this bill, so the criticism appears real but limited and conditional.
No significant organised parliamentary case against the bill is clearly recorded in publicly available sources here.
Needs major extra regulation and state acceptance
A recurring reservation was that removing the federal prohibition would not be enough on its own, because nuclear projects would still face substantial legal overhaul, state resistance and a need for broader public consent before anything could proceed.
Local environmental and community risks
Opponents and sceptics warned that any move toward nuclear plants would trigger concerns about water use, radioactive waste, house prices and accident risk in host communities.
Votes
Recorded votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Matthew Canavan
Matthew Canavan supports the bill and argues the nuclear bans should be removed so Australia can consider nuclear power as a future low-carbon option.
Read in Hansard ↗All speeches by bloc
Coalition
1 speaker · 1 support
Coalition
1 speaker · 1 support
Record
Full record
- Status
- Not Proceeding -- Collected from the APH bill page.
- Originating house
- Senate
- 28 Sept 2022
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 28 Sept 2022
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 21 July 2025
Senate · Lapsed at end of Parliament
Lapsed at end of Parliament
The bill reached this recorded parliamentary step.
Environment and Communications Legislation Committee; Committee report (11/08/2023)
Referred to committee
Referred to Committee (27 Oct 2022): Environment and Communications Legislation Committee; Committee report (11 Aug 2023)
APH bill page notes