LEGISLATIVE COUNCIL STANDING COMMITTEE ON STATE DEVELOPMENT Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 Report 46 March 2020 www.parliament.nsw.gov.au LEGISLATIVE COUNCIL Standing Committee on State Development Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 Ordered to be printed 4 March 2020 according to Standing Order 231 Report 46 - March 2020 i LEGISLATIVE COUNCIL Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Council. Standing Committee on State Development. Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 / Standing Committee on State Development. [Sydney, N.S.W.] : the Committee, 2020. – [xiv, 150] pages ; 30 cm. (Report no. 46 / Standing Committee on State Development) Chair: Hon. Taylor Martin, MLC. “March 2020” ISBN 9781920788599 1. New South Wales. Parliament. Legislative Council—Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2018. 2. Uranium mines and mining—Law and legislation—New South Wales. 3. Nuclear industry—Law and legislation—New South Wales. 4. Nuclear energy—Law and legislation—New South Wales. I. Martin, Taylor. II. Title. III. Series: New South Wales. Parliament. Legislative Council. Standing Committee on State Development. Report ; no. 46 622.349 (DDC22) ii Report 46 - March 2020 STANDING COMMITTEE ON STATE DEVELOPMENT Table of contents Terms of reference vi Committee details vii Chair’s foreword viii Findings and recommendations x Conduct of inquiry xiii Chapter 1 Background 1 The bill in context 1 The Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 1 Rationale and impetus for the bill 2 Committee comment 3 Other inquiries into nuclear 4 Other parliamentary inquiries 4 The Nuclear Fuel Cycle Royal Commission (South Australia) 5 The Switkowski review 6 Overview of uranium mining 7 Prohibition on uranium mining in NSW 7 Uranium mining laws in other Australian jurisdictions 9 Overview of nuclear facilities 11 Prohibition on nuclear facilities in New South Wales 11 Current nuclear applications in Australia 13 Case study: Canada 14 Committee comment 16 Chapter 2 Uranium mining 17 Uranium mining in Australia 17 Key considerations for uranium mining in New South Wales 19 Potential deposits in New South Wales 20 Potential economic benefits for New South Wales 23 Current state of the market 28 Industry prerequisites for workplace safety and capacity 30 Environmental impacts of uranium mining 32 Transportation and export of uranium 35 Committee comment 36 Report 46 - March 2020 iii LEGISLATIVE COUNCIL Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 Chapter 3 Energy in New South Wales 39 The New South Wales electricity system 39 The electricity supply chain at a glance 39 Overview of the National Electricity Market (NEM) 40 Energy issues in New South Wales 44 Emissions reduction targets 44 The energy trilemma 45 Current energy mix and trends in New South Wales 46 The energy trilemma in New South Wales – are we losing our competitive advantage? 48 Committee comment 51 Nuclear as a solution to the State's energy issues 51 The capacity factor 51 The future: nuclear or variable renewables? 52 Nuclear's environmental and emissions footprint 55 Dispatchability and nuclear power as firming for renewables 57 Committee comment 59 Chapter 4 Nuclear energy in New South Wales? 61 Nuclear technologies defined 61 Nuclear technologies at a glance 61 Small Modular Reactors (SMRs) 64 Committee comment 67 Viability and suitability of nuclear energy in New South Wales 68 Safety 68 Committee comment 74 Cost of nuclear 75 Construction times 83 Committee comment 85 Waste 85 Committee comment 91 Weapons 91 Prerequisites for a nuclear power industry in New South Wales 93 Regulatory framework for nuclear energy 93 Workforce capacity 95 Committee comment 98 Conclusion 99 iv Report 46 - March 2020 STANDING COMMITTEE ON STATE DEVELOPMENT Chapter 5 Social consent for nuclear energy 103 Public attitudes and support for nuclear energy 103 The Chernobyl effect 103 Trends 105 Other factors influencing support for nuclear 108 The role of media and popular culture in shaping public attitudes 109 Committee comment 110 Community engagement and education on nuclear energy 111 Promoting the benefits of nuclear 111 Popular misconceptions of radiation and its effects 112 Existing outreach and community education initiatives 114 Future community engagement strategies to obtain social acceptance 115 Committee comment 121 Appendix 1 Submissions 123 Appendix 2 Witnesses at hearings 126 Appendix 3 Minutes 128 Appendix 4 Dissenting statement 149 Report 46 - March 2020 v LEGISLATIVE COUNCIL Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 Terms of reference 1. That: (a) the Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 be referred to the Standing Committee on State Development for inquiry and report, and (b) on tabling of the report by the Standing Committee on State Development, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral. 2. That as part of the inquiry the New South Wales Parliamentary Library prepare an Issues Paper on the bill.1 The terms of reference were referred to the committee by the Legislative Council on 6 June 2019.2 1 The terms of reference were amended by the House on 13 November 2019, LC Minutes No 31, item 6, p 656 2 Minutes, NSW Legislative Council, 6 June 2019, pp 59-60. vi Report 46 - March 2020 STANDING COMMITTEE ON STATE DEVELOPMENT Committee details Committee members The Hon Taylor Martin MLC Liberal Party Chair The Hon Mick Veitch MLC Australian Labor Party Deputy Chair The Hon Mark Bansiak MLC Shooters Fishers and Farmers Party The Hon Wes Fang MLC The Nationals The Hon Scott Farlow MLC Liberal Party The Hon John Graham MLC Australian Labor Party The Hon Natasha Maclaren-Jones MLC Liberal Party The Hon Mark Latham MLC* Pauline Hanson's One Nation * The Hon Mark Latham MLC substituted for the Hon Mark Pearson MLC as a member of the committee for the duration of the inquiry Contact details Website www.parliament.nsw.gov.au Email [email protected] Telephone (02) 9230 3081 Report 46 - March 2020 vii LEGISLATIVE COUNCIL Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 Chair’s foreword This inquiry was established to inquire into the Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019, which was referred to the Standing Committee on State Development for inquiry and report on 6 June 2019. The bill seeks to remove all State-based legal impediments to uranium mining and the construction and operation of nuclear facilities in New South Wales. The Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 may be considered an artefact of its time, a post-Chernobyl era characterised by concern about the environmental and health impacts of nuclear, as well as fears of nuclear war and the proliferation of nuclear weapons. Since 1986, much has changed. Nuclear technology has improved and there are further promising innovations such as Small Modular Reactors being developed. This report highlights the opportunities that exist for New South Wales if we were to play a greater role in the nuclear fuel cycle. If the bill is enacted in law, the prohibition on uranium mining in New South Wales would be lifted, making it legal to mine for uranium within State boundaries for the first time since 1987. However, the prohibition on nuclear facilities would still remain in place as a result of prohibitions enacted in Commonwealth legislation. The inquiry provided a timely platform for debate on whether nuclear energy should be considered on its merits as one possible energy source in the State's future energy mix. It presented an opportunity to gather the facts about nuclear energy based on the best available science and technology and to evaluate the prospects of nuclear energy as a low emissions source of electricity. This was not the first fact-finding mission on nuclear energy undertaken by an Australian parliament. Over the past fifteen years, Australian parliaments and governments have considered a greater role in the nuclear fuel cycle at various times. While neither the focus, findings, nor recommendations of this inquiry are entirely new, no Government has embraced the opportunities of an expanded nuclear industry. One of the themes of this inquiry was the decarbonisation of New South Wales's electricity generation. Despite the share of wind and solar in the New South Wales electricity generation mix tripling in the past five years, just over seven per cent of the State’s electricity currently comes from these sources. It is a finding of this inquiry that wind and solar firmed with gas, batteries and pumped hydro would not be an adequate solution to meet the State’s future needs for affordable and reliable electricity following the decommissioning of our ageing coal fired generation assets. There is an imperative for legislators and governments to be genuinely technology-neutral and not lock out appropriate, low-emissions alternatives to replace these ageing assets. This inquiry was not about promoting an overnight change in the legal settings for nuclear energy in New South Wales. Rather, removing the barriers that exist will increase the ability for private investment in this space and there remains significant work to be done before it becomes a possibility. The report highlights that the Government will need to consider the viability of nuclear energy from an economic perspective, workforce capacity and regulatory frameworks prior to any proposal being implemented. viii Report 46 - March 2020 STANDING COMMITTEE ON STATE DEVELOPMENT Serious and informed policy dialogues about nuclear energy involve incredibly complex issues and considerations – and therefore take time. They also will require a willingness to listen to contemporary evidence that challenges entrenched views.