Environment and Other Legislation Amendment (Low Emissions Future) Bill 2025 Explained

The short answer

Environment and Other Legislation Amendment (Low Emissions Future) Bill 2025 Explained

The Environment and Other Legislation Amendment (Low Emissions Future) Bill 2025 is a private senator's bill introduced by Senator Jane Hume (Liberal) on 29 October 2025. It would amend three Acts: the Australian Radiation Protection and Nuclear Safety Act 1998 to remove the moratorium on nuclear energy in Australia; the Australian Renewable Energy Agency Act 2011 to enable ARENA to exercise its functions in relation to 'clean emissions energy technologies', which includes civil nuclear energy and nuclear technologies; and the Clean Energy Finance Corporation Act 2012 to remove the prohibition on the CEFC's ability to invest in nuclear technology or nuclear power. As of July 2026, the bill remains before the Senate with its second reading having been moved on 29 October 2025. It is Before Senate as of 17 July 2026.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What This Bill Proposes

The Environment and Other Legislation Amendment (Low Emissions Future) Bill 2025 is a private senator's bill that seeks to overturn Australia's long-standing legislative barriers to nuclear energy. Its central proposal is to amend three Commonwealth Acts to remove prohibitions and moratoriums that currently prevent nuclear power from being considered as part of Australia's energy mix.

The bill frames nuclear energy as a 'clean emissions energy technology', explicitly grouping it with other low-emission technologies. By changing the language in the Australian Renewable Energy Agency Act 2011 from 'renewable energy technologies' to 'clean emissions energy technologies', the bill would recategorise nuclear power within the statutory framework governing ARENA's investment mandate.

Evidence review

The Three Acts Being Amended

The first target is the Australian Radiation Protection and Nuclear Safety Act 1998, which currently contains a moratorium on nuclear energy in Australia. The bill would remove this moratorium, clearing the primary legal obstacle to the construction and operation of nuclear power facilities in Australia.

The second is the Australian Renewable Energy Agency Act 2011, which would be amended to enable ARENA to exercise its functions in relation to 'clean emissions energy technologies'. This expanded definition would include civil nuclear energy and nuclear technologies alongside the renewable energy technologies that ARENA currently supports, such as solar, wind and hydrogen.

The third is the Clean Energy Finance Corporation Act 2012, which currently prohibits the CEFC from investing in nuclear technology or nuclear power. The bill would remove this prohibition, potentially allowing the CEFC — a government-owned green bank with over $10 billion in investment capacity — to finance nuclear energy projects.

Evidence review

The Nuclear Moratorium and Its History

Australia has maintained a legislative prohibition on nuclear power since the late 1990s. The Australian Radiation Protection and Nuclear Safety Act 1998 and the Environment Protection and Biodiversity Conservation Act 1999 together form the statutory basis for the moratorium. While Australia is a major uranium exporter — holding approximately one-third of the world's known uranium reserves — it has never generated electricity from nuclear power.

The prohibition on the CEFC investing in nuclear technology was inserted into the Clean Energy Finance Corporation Act 2012 when the corporation was established by the Gillard government. It reflected the then-government's position that the CEFC should focus exclusively on renewable energy and energy efficiency technologies.

Evidence review

What 'Clean Emissions Energy Technologies' Would Include

The bill introduces the concept of 'clean emissions energy technologies' as a replacement for 'renewable energy technologies' in the ARENA Act. According to the official summary, this term would include 'civil nuclear energy and nuclear technologies'. The definition is significant because it would expand ARENA's statutory remit beyond renewable energy sources to include any energy technology that produces low or zero emissions during operation.

The distinction between 'renewable' and 'clean emissions' is important. Renewable energy technologies — such as solar, wind and hydro — draw on naturally replenishing resources. Nuclear power uses finite uranium resources but produces negligible greenhouse gas emissions during electricity generation. The bill's language reflects an argument that emissions reduction, rather than renewability, should be the primary criterion for government energy investment.

Evidence review

Parliamentary Progress

The bill was introduced in the Senate on 29 October 2025, with Senator Jane Hume moving the first and second readings on the same day. As a private senator's bill — meaning it was introduced by a senator in their individual capacity rather than on behalf of the government — it does not have the institutional backing that government bills enjoy.

Private senators' bills face significant procedural hurdles. They are generally debated only when the Senate grants them time, and without government support they rarely proceed to a vote. As of July 2026, the bill remains before the Senate. The second reading debate, where senators would speak to the principles of the bill, has not yet occurred beyond the moving of the second reading. No proposed amendments have been circulated.

Evidence review

Who Is Affected

If enacted, the bill would directly affect ARENA and the CEFC, two government agencies with significant roles in Australia's energy transition. ARENA has invested billions of dollars in renewable energy projects since its establishment in 2012, while the CEFC has committed over $10 billion to clean energy investments.

The bill would also affect the energy sector more broadly by removing legal barriers to nuclear power investment. State and territory governments, which hold significant regulatory powers over energy projects through planning and environmental approvals, would need to consider their own legislative frameworks. Several states, including Victoria and Queensland, have state-level prohibitions on nuclear activities that would not be directly affected by this Commonwealth bill.

Evidence review

What Happens Next

For the bill to become law, it would need to pass the Senate and then pass the House of Representatives before receiving Royal Assent. As a private senator's bill, its path forward depends on whether the government, opposition, or crossbench senators allocate debate time to it. Even if it were to pass the Senate, it would face the additional hurdle of passage through the House of Representatives, where the government typically controls the legislative agenda.

The bill's prospects also depend on the broader political debate about nuclear energy in Australia. The removal of the nuclear moratorium has been a policy position advanced by the Coalition at various points, but it remains contentious. The cost, construction timelines and waste management challenges of nuclear power are frequently raised by opponents, while proponents argue it provides reliable baseload power with zero emissions.

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