Legal bans on nuclear power plants would be removed
Senator Matthew Canavan's short bill would delete the parts of two laws that stop nuclear plants being built or approved. Any plant would still face the normal nature, safety and state checks.
Official name: Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2026
- Two federal laws now ban nuclear power plants and some other nuclear fuel plants.
- This bill would delete those bans so projects could be checked like other big projects.
- The Environment Minister would still have to check and approve any nuclear plant.
- State laws on radiation, and the Foreign Minister's nuclear permits, would stay as they are.
- It is a private bill and is still before the Senate.
Who it affects
- Energy companies: They could ask to build a nuclear power plant and have it checked. This is not possible now.
- The Environment Minister: The minister could look at and approve a nuclear project under the normal nature law.
- States and territories: Their own powers to protect people and nature from radiation would not change.
Law bans four nuclear plants
Australian law bans four kinds of nuclear plant. They are nuclear power plants and plants that make nuclear fuel. They also include enrichment plants and reprocessing plants. These plants make power, or make, prepare or recycle nuclear fuel.
The bans sit in two federal laws. One is the main radiation safety law. The other is the main national nature law.
Senator Matthew Canavan brought this bill to the Senate, the upper house of Parliament. It is a private bill. That means it does not come from the government. His notes on the bill call these "blanket" bans. That means they block everything. The bill would remove them and leave the rest of the checks in place.
Radiation law ban ends
The Australian Radiation Protection and Nuclear Safety Act 1998 sets up a national safety agency. That agency protects people and nature from radiation. Section 10 of that law says nothing in it allows those four kinds of nuclear plant to be built or run.
The bill would delete section 10. The notes say the minister and the safety agency would still be able to keep radiation protections in place.
Environment law bans end
The national nature law is the Environment Protection and Biodiversity Conservation Act 1999. It protects nature and heritage. It now has four separate rules that block nuclear plants.
The minister cannot say that a nuclear plant project needs no approval. The minister cannot approve a nuclear plant. The minister cannot approve one under a wider plan. The minister also cannot sign a nature deal about building or running one. A nature deal is an agreement with a landholder or group to protect nature in an area.
The bill would delete all four rules. It would also delete a linked rule about nuclear engines for nuclear-powered submarines. That rule only made sense next to the nature deal ban.
After the change, a company could ask for approval to build a nuclear power plant. The minister would check it the normal way under the nature law. This is the same as for a large mine or dam. The minister could say yes or no.
What stays the same
The notes say the bill leaves the rest of the nature law alone. The minister would still check any request to build one of these plants.
States and territories would keep their own powers to protect people and nature from radiation.
The Minister for Foreign Affairs would still decide whether to give a permit under the Nuclear Non-Proliferation (Safeguards) Act 1987. That law helps make sure nuclear material is not used for weapons.
Waiting in the Senate
The changes would start the day after the bill became law. A bill becomes law when the Governor-General signs it. The Governor-General stands in for the King.
Senator Canavan brought the bill into the Senate on 4 February 2026. The debate on its main idea began that day.
The bill is still before the Senate. The Senate would need to debate it and vote for it. The House of Representatives, the lower house, would then need to pass it before it could become law.
Its journey through Parliament
| 04 Feb 2026 | Senate: Introduced and read a first time |
| 04 Feb 2026 | Senate: Second reading moved |