Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions)

Current status

This bill is currently before Parliament.

Policy area

Climate, energy & environment

What does this bill do?

The bill would repeal Commonwealth provisions that block or limit approval pathways for certain nuclear facilities, including nuclear power plants, fuel fabrication plants, enrichment plants and reprocessing facilities.

Why was it introduced?

Senator Canavan introduced the bill to remove Commonwealth legal prohibitions that stop specified nuclear facilities from being approved or considered. In his second-reading speech, he argued Australia should be able to assess nuclear energy alongside other low-emissions technologies, while the explanatory memorandum says environmental assessment, radiation-safety regulation, state and territory powers and nuclear-safeguards permits would remain in place.

Broader context

The bill sits in Australia's recurring argument over whether federal law should keep a blanket bar on nuclear power while the country debates emissions reduction, electricity reliability and energy costs. The sponsor traces the current prohibitions to late-1990s amendments and frames repeal as a technology-neutral step; collected public-context reporting shows nuclear policy was also a major federal political issue before and after the 2025 election.

Key criticism

The collected bill-specific parliamentary record does not include opposition speeches, amendments, divisions or a committee report for this 2026 bill. The wider collected public-context material shows the main criticisms around nuclear policy were cost, long build times, waste and safety concerns, local and state resistance, and concern that nuclear policy could slow the renewable-energy transition.

Who supported it?

Senator Matthew Canavan introduced this bill. Supportive speeches so far have come from LNP.

Introduced in Senate 04 Feb 2026
At second reading in Senate 04 Feb 2026
Not yet reached House
Not yet law

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

126 days

Updated 10 June 2026.

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. The bill would repeal Commonwealth provisions that block or limit approval pathways for certain nuclear facilities, including nuclear power plants, fuel fabrication plants, enrichment plants and reprocessing facilities.

  2. In the Environment Protection and Biodiversity Conservation Act 1999Australia's main federal environment law. This bill would repeal several EPBC Act provisions that currently stop certain nuclear installations being approved or considered through specified pathways., the repeals would remove bans on the environment minister declaring, approving, or considering actions involving those nuclear installations.

  3. In the Australian Radiation Protection and Nuclear Safety Act 1998A Commonwealth law for radiation protection and nuclear safety. This bill would repeal section 10, while the explanatory memorandum says the safety regulator's protective functions would remain., the bill would repeal section 10, which the explanatory memorandum describes as a restriction on constructing or operating certain nuclear facilities.

  4. The explanatory memorandum says the bill would not remove other EPBC ActAustralia's main federal environment law. This bill would repeal several EPBC Act provisions that currently stop certain nuclear installations being approved or considered through specified pathways. assessment requirements, state and territory radiation-protection powers, or the foreign affairs minister’s role under nuclear non-proliferation safeguards law.

  5. If passed, the bill would commence the day after Royal AssentThe formal approval that turns a bill passed by Parliament into an Act. This bill would commence the day after Royal Assent if enacted.. The collected APH record lists it as still before the Senate, so this page does not report any final Act or passed text.

Show source excerpts
  1. Section 10 Repeal the section. Environment Protection and Biodiversity Conservation Act 1999 2 Section 37J Repeal the section. 3 Section 140A Repeal the section. 4 Section 146M Repeal the section.
    Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) introduced bill text
  2. 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
    Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum
  3. 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
    Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum
  4. leaves unaffected the other elements of the Environment Protection and Biodiversity Conservation Act 1999... state and territory powers... and 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
    Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) explanatory memorandum
  5. The whole of this Act The day after this Act receives the Royal Assent.
    Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) introduced bill text

Broader context for this bill

The bill sits in Australia's recurring argument over whether federal law should keep a blanket bar on nuclear power while the country debates emissions reduction, electricity reliability and energy costs. The sponsor traces the current prohibitions to late-1990s amendments and frames repeal as a technology-neutral step; collected public-context reporting shows nuclear policy was also a major federal political issue before and after the 2025 election.

  1. 10 Dec 1999

    Federal nuclear prohibitions enter the policy story

    In the incorporated second-reading speech, Senator Canavan said the nuclear-energy banA legal rule that prevents a class of nuclear facilities from being approved or considered at all, rather than allowing a project-by-project assessment. was introduced through a Greens amendment in the Senate in December 1999 while the Howard government was seeking support for a new research reactor at Lucas Heights.

    Senate Hansard ↗
  2. 28 Sept 2022

    Earlier Canavan repeal bill introduced

    The 2026 second-reading speech says Senator Canavan had first introduced this proposal in 2022 and thanked people who took part in the later Senate committee inquiry.

    Senate Hansard ↗
  3. 19 June 2024

    Coalition takes nuclear policy to the national debate

    Collected public reporting said Peter Dutton pledged seven nuclear power stations by 2050, with resistance from states and concerns from business about delaying the energy transition.

    Australian Financial Review ↗
  4. 02 June 2025

    Coalition figures revisit the shape of nuclear policy

    After the 2025 election, collected reporting quoted James Paterson saying that lifting the moratoriumA legal rule that prevents a class of nuclear facilities from being approved or considered at all, rather than allowing a project-by-project assessment. and leaving investment to the private sector was more consistent with Liberal Party philosophy than government ownership of generators.

    Australian Financial Review ↗
  5. 04 Feb 2026

    Removing Nuclear Energy Prohibitions bill introduced

    Senator Canavan introduced the private senator's billA bill introduced by a senator who is not introducing it on behalf of the government. The APH metadata lists this bill as a private bill sponsored by Senator Matthew Canavan. in the Senate and moved the second reading on the same day. The collected APH record lists no later passage and records the bill as before the Senate.

    APH bill page ↗

How did it move through Parliament?

House Senate
Introduced 04 Feb 2026

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 04 Feb 2026

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

The main case against this bill

The collected bill-specific parliamentary record does not include opposition speeches, amendments, divisions or a committee report for this 2026 bill. The wider collected public-context material shows the main criticisms around nuclear policy were cost, long build times, waste and safety concerns, local and state resistance, and concern that nuclear policy could slow the renewable-energy transition.

This section reports criticism found in the scoped local source bundle. It should not be read as a full account of all arguments for or against nuclear energy in Australia.

Cost and construction time

Even the sponsor's speech acknowledged that critics focus on the high cost of building nuclear power stations in western countries and long construction timeframes, while arguing those concerns are not a reason for a legal banA legal rule that prevents a class of nuclear facilities from being approved or considered at all, rather than allowing a project-by-project assessment..

Raised by Nuclear-power critics described in Senator Canavan's speech Source ↗

Waste, safety and local opposition

Collected public commentary said nuclear policy would likely face concerns about waste storage, accidents and local opposition around proposed reactor sites.

Raised by Australian Financial Review Editorial Commentary Source ↗

Risk of delaying the energy transition

Collected reporting on the Coalition's 2024 nuclear plan described state resistance and business concerns that nuclear policy could delay the energy transition.

Raised by State and business concerns reported by the Australian Financial Review Source ↗

Recorded votes

No recorded votes have been found yet for this bill.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Matthew Canavan

Liberal National Party • Senator 04 Feb 2026

Senator Canavan supported the bill as a way to remove Commonwealth nuclear-energy prohibitions so nuclear projects could at least be discussed and assessed under existing environmental, radiation-safety, non-proliferation, state and territory laws.

Read in Hansard ↗

All speeches by bloc

Coalition

1 speaker · 1 support

Full record

Full chat