Frequently Asked Questions
What is the Australian Naval Nuclear Power Safety Regulator?
The Australian Naval Nuclear Power Safety Regulator is an independent statutory regulator established under the Australian Naval Nuclear Power Safety Act 2024 to uphold the highest standards of nuclear safety and radiological protection for naval nuclear propulsion.
The agency is responsible for licensing activities related to Australia’s nuclear-powered submarines, and for monitoring and enforcing those licences.
What is a Statutory Regulator?
A statutory regulator is a government-established body that oversees and enforces regulations within a specific body or sector.
It must assure the Commonwealth Parliament that the body is acting in accordance with its roles and responsibilities.
Who will lead the new Regulator?
Mr Michael Drake has been appointed Director-General of the Australian Naval Nuclear Power Safety Regulator.
The Director-General is the head of the agency and is responsible for its administration and performance.
The Director-General is a statutory appointment approved by the Governor-General.
What is the role of the new Regulator?
The Australian Naval Nuclear Power Safety Regulator licences, monitors and enforces regulated activities associated with naval nuclear propulsion in Australia’s Nuclear-Powered Submarine Program.
This new regulatory system will consider the full lifecycle requirements of a nuclear‑powered submarine and related facilities to ensure the highest standards of nuclear safety and radiological protection are applied.
How were the Australian Radiation Protection and Nuclear Safety Agency licences transferred to the new Regulator?
The new Regulator worked closely with the Australian Radiation Protection and Nuclear Safety Agency to ensure a smooth transition for regulatory oversight for Australia’s nuclear-powered submarine program.
Shortly after 1 November 2025, licences transitioned from the Australian Radiation Protection and Nuclear Safety Agency to the Australian Naval Nuclear Power Safety Regulator related to low-level waste management and maintenance services a to support SRF-West program.
The transition occurred under the Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024.
Why does Australia need another nuclear safety Regulator?
Australia’s nuclear regulatory framework prior to the stand up of the Australian Naval Nuclear Power Safety Regulator was not designed to accommodate the unique activities associated with naval nuclear power in a military context.
Regulating the nuclear safety aspects of this enterprise requires a system that is calibrated to addressing the unique hazards and risks associated with this sensitive military capability and for hostile undersea environments.
Will the future Regulator regulate US and UK submarines?
The Regulator will not regulate United States and United Kingdom nuclear-powered submarines or other visiting foreign nuclear-powered vessels.
The Regulator will regulate radiological and nuclear safety aspects of Australian facilities and material activities needed to support the Nuclear-Powered Submarine Program. At times, these facilities will support United States and United Kingdom submarine maintenance operations.
What are designated zones?
Designated zones represent a regulatory boundary to clearly define the responsibilities and jurisdiction of the Australian Naval Nuclear Power Safety Regulator with that of the Commonwealth nuclear safety Regulator, the Australian Radiation Protection And Nuclear Safety Agency and state radiation safety regulators.
Designated zones are the Stirling designated zone known as HMAS Stirling at Garden Island in Western Australia, and the Osborne designated zone known as Osborne Naval Shipyard in South Australia.
Designated zones are a regulatory boundary and they do not represent an exclusion zone for the public. The declaration of the designated zone does not change the permissions with respect to activities like boating and fishing where they are currently permitted.
The designated zones came into effect on 1 November 2025 at the commencement of the Australian Naval Nuclear Power Safety Act 2024.
Will the next designated zone be at Henderson and will there be consultation?
In October 2024 the Government announced its intention that nuclear-powered submarine sustainment activity will occur at Henderson in WA.
For any radiological or nuclear safety related activities to occur for Australia’s nuclear-powered submarines, appropriate licences are required from the Australian Naval Nuclear Power Safety Regulator. The Regulator cannot issue a licence for a regulated activity that is outside a designated zone, therefore a designated zone will be required to be prescribed before a licence can be approved.
Before a new designated zone can be prescribed in Regulations, the Australian Naval Nuclear Power Safety Act 2024 requires that public consultation is to occur on the proposed new area.
Is public consultation required for the Australian Naval Nuclear Power Safety Regulator licence applications?
For any licence, the Regulator must be satisfied that meaningful consultation has been undertaken with all relevant stakeholders, Aboriginal and Torres Strait Islander peoples and the wider public about the regulated activity and the facility or proposed facility in deciding whether to issue a licence (per paragraphs 24(3)(b) of the Australian Naval Nuclear Power Safety Regulations).
How will the future Regulator maintain its independence?
The future Regulator is a non-corporate Commonwealth entity within the Defence portfolio.
The Regulator is independent of the Australian Defence Force’s chain of command and directions from the Department of Defence and the Australian Submarine Agency.
- The Regulator has complete discretion in performing its functions under the Australian Naval Nuclear Power Safety Act 2024 and is not subject to direction by any person in relation to the performance of those functions.
- The exception to the above is the circumstance where the Minister for Defence may issue a direction to the Regulator if it is necessary to do so in the interests of national security or to respond to an emergency.
- In this circumstance, a statement that a direction was given to the Regulator must be tabled in each House of Parliament alongside any action taken by the Regulator or the relevant licence-holders.
The Australian Naval Nuclear Power Safety Act 2024 provides an additional qualification for appointment of a Director-General and Deputy Director-General, requiring a minimum of 12 months of separation between appointment and any previous service as a ‘Defence staff member’.
A ‘Defence staff member’ includes ADF service chiefs and members, ADF reservists, APS employees in the Department of Defence and Australian Submarine Agency (ASA), in addition to the Secretary of Defence, and Director General of the ASA.
Will the Regulator regulate the safety of radioactive waste from the nuclear-powered submarine program?
The new Regulator will impose licence conditions to assure the appropriate plans and arrangements are in place for the safe management and movement of all materials, including radioactive wastes, related to naval nuclear propulsion.
The Australian Naval Nuclear Power Safety Regulations 2025 requires public consultation occur as part of any licence application process. This will include the designation of future areas where nuclear-powered submarine activities may occur and in respect to managing radioactive waste.
Is the Regulator drawing from the experience of the US and UK partners?
Australia has more than 70 years of experience in nuclear operations and nuclear regulation in the safe management and stewardship of civilian nuclear facilities and materials.
- We have built upon Australia's good track record in nuclear safety and regulation.
Australia has nuclear safety regulatory experience overseeing complex civilian facilities spanning more than 70 years and includes a Commonwealth regulator, the Australian Radiation Protection and Nuclear Safety Agency and eight state and territory radiation safety regulators.
- We we are leveraging the deep experience and impeccable safety record of our AUKUS partners in the US and UK to safely regulate in a military context.
Regulating safety aspects of nuclear-powered submarines requires a system that is calibrated to addressing the unique contexts associated with the sensitive military capability.
Defence has consulted and will continue to access the knowledge and experience of our AUKUS partner peer-regulators, the Defence Nuclear Safety Regulator (UK) and Naval Reactors (US), and the outstanding safety records they have upheld for more than 70 years of safety operation.
