The short answer

Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2026: what the Canavan bill would actually do

The Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2026 is a private senator's bill introduced by Nationals Senator Matt Canavan on 4 February 2026. It proposes to remove two federal-level legislative prohibitions that currently prevent the construction and operation of nuclear power plants in Australia. The bill is before the Senate and was introduced as a private member's initiative, meaning it is not government policy and does not have the backing of the executive government. The bill would amend two key pieces of Commonwealth legislation. First, it would amend the Australian Radiation Protection and Nuclear Safety Act 1998 (the ARPANS Act) to remove the prohibition on the construction or operation of 'certain nuclear installations'. Second, it would amend the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) to remove the prohibition on the Minister for the Environment and Water declaring, approving or considering actions relating to the construction or operation of 'certain nuclear installations'. The prohibitions the bill seeks to remove have been in place for over two decades. Section 10 of the ARPANS Act currently prohibits the CEO of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) from issuing a licence for the construction or operation of a nuclear fuel fabrication plant, a nuclear power plant, an enrichment plant, or a reprocessing facility. Section 140A of the EPBC Act currently prohibits the Environment Minister from approving actions involving the construction or operation of any of those same categories of nuclear installation. Together, these sections form the Commonwealth-level legislative ban on nuclear power generation and associated fuel-cycle facilities. The bill would repeal both sections. It is critical to understand what this bill would and would not do. It would remove the Commonwealth legislative ban on nuclear power. It would not, by itself, authorise the construction of any nuclear plant anywhere in Australia. It would not address state and territory bans on nuclear activities, including uranium mining prohibitions in Western Australia, Queensland and Victoria. It would not establish a regulatory or licensing framework for nuclear power, set safety or security standards, address radioactive waste management and disposal, provide for emergency planning, or require community consultation. The bill is purely a removal of prohibitions; it does not create any positive authorisation or regulatory pathway for nuclear energy development. The bill is a private senator's bill, introduced by Senator Canavan in his personal capacity as a senator for Queensland, not on behalf of the government or even necessarily on behalf of the Coalition party room. Private senators' bills rarely pass without government support. Senator Canavan has been one of the most prominent parliamentary advocates for nuclear energy in Australia and has introduced similar bills in previous parliaments that did not pass. The Coalition, while it has expressed support for nuclear energy as part of its broader energy policy platform, had not formally endorsed this specific bill at the time of its introduction. The political context is significant. The bill was introduced against the backdrop of an intensifying national debate about Australia's energy future and the role of nuclear power. The Albanese Labor Government maintains a firm policy position opposing nuclear power in Australia, arguing it is too expensive and too slow to deploy compared to renewable energy alternatives backed by firming and storage. The Coalition under Peter Dutton has proposed including nuclear power as part of Australia's future energy mix, with a policy of constructing nuclear power plants on the sites of retiring coal-fired power stations. Senator Canavan's bill aligns with this Coalition policy direction but was introduced independently and without formal Coalition endorsement. There are several important legal and practical considerations that limit what even a successful passage of this bill could achieve. Even if the Commonwealth prohibitions were removed, state-level bans would remain firmly in force. Under Australia's federal system, environmental and resource regulation operates at both Commonwealth and state levels. Victoria's Nuclear Activities (Prohibitions) Act 1983 comprehensively prohibits nuclear activities including uranium mining, enrichment and power generation. Western Australia and Queensland have similar legislative or policy bans on uranium mining and nuclear activities. South Australia lifted its ban on nuclear activities in 2016 following a royal commission but has not proceeded with any nuclear power development. New South Wales has no specific legislative ban but has not pursued nuclear power development either. This means that even if this bill passed the Commonwealth Parliament, it would be legally insufficient to enable nuclear power development in most Australian jurisdictions. Additionally, Australia's international obligations under the Nuclear Non-Proliferation Treaty and its bilateral safeguards agreements with the International Atomic Energy Agency would remain in place. These impose requirements around the peaceful use of nuclear technology, accounting for nuclear material, and IAEA inspections that would need to be met regardless of domestic legislative changes. The bill has not been referred to a committee for inquiry and no Bills Digest has been prepared by the Parliamentary Library. No substantive parliamentary inquiry has been initiated into its provisions at this stage. The bill was introduced and read a first time on 4 February 2026, and the second reading was moved the same day with Senator Canavan delivering a private senator's introductory speech. No proposed amendments have been circulated and no further parliamentary action had been recorded as of the most recent available records. The bill should be understood in the broader context of repeated parliamentary attempts to address Australia's nuclear energy prohibitions. It is one of several attempts over the past two decades to remove the legislative barriers to nuclear power at the Commonwealth level. Previous similar bills, including ones introduced by Senator Canavan and other Coalition senators in earlier parliaments, have not progressed beyond the Senate. The bill's primary function may be less about immediate legislative change and more about keeping the nuclear energy debate active in parliamentary proceedings, signalling Coalition policy intent, and providing a platform for public discussion of Australia's energy options. Its introduction may also serve to pressure the government to articulate and defend its opposition to nuclear power more explicitly on the parliamentary record. The bill remains an active item of parliamentary business. It could be brought on for debate at any time the Senate agrees to allocate time for private senators' business. The government controls the legislative program in both houses and has stated its opposition to lifting the nuclear energy prohibition.

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 the bill proposes

The Environment and Other Legislation Amendment (Removing Nuclear Energy Prohibitions) Bill 2026, introduced by Nationals Senator Matt Canavan, would remove two federal legislative bans on nuclear power. It amends the Australian Radiation Protection and Nuclear Safety Act 1998 to remove the prohibition on ARPANSA issuing licences for nuclear installations, and the Environment Protection and Biodiversity Conservation Act 1999 to remove the prohibition on the Environment Minister approving nuclear-related actions.

The bill is a private senator's bill, not government legislation. It was introduced on 4 February 2026 and remains before the Senate.

Evidence review

The two prohibitions being targeted

Section 10 of the ARPANS Act currently prohibits the CEO of the Australian Radiation Protection and Nuclear Safety Agency from issuing a licence for the construction or operation of a nuclear fuel fabrication plant, a nuclear power plant, an enrichment plant, or a reprocessing facility. The bill would repeal this section.

Section 140A of the EPBC Act currently prohibits the Minister for the Environment and Water from declaring, approving or considering an action consisting of or involving the construction or operation of any of those same classes of nuclear installation. The bill would repeal this section too.

Together these two sections form the Commonwealth-level legislative ban on nuclear power and related fuel-cycle facilities in Australia. Removing them would not, by itself, enable any nuclear development — it would simply remove the legislative prohibition.

Evidence review

What the bill would not do

Removing these sections would not authorise the construction of any nuclear power plant. It would not establish safety, security or environmental standards for nuclear facilities. It would not address radioactive waste management or decommissioning. It would not override state and territory bans on nuclear activities, which exist in Western Australia, Queensland and Victoria. It would not affect Australia's obligations under the Nuclear Non-Proliferation Treaty or IAEA safeguards agreements.

The bill is purely a removal of specific statutory prohibitions. Any actual nuclear power development would require additional legislation, regulatory frameworks, environmental approvals and community consultation at both Commonwealth and state levels.

Evidence review

The sponsor and political context

Senator Matt Canavan is a Nationals senator for Queensland. He has been a long-standing advocate for nuclear energy in Australia and has introduced similar bills in previous parliaments. The bill was introduced in his personal capacity as a private senator, and it is not a government bill.

The Albanese Labor Government maintains a policy opposing nuclear power. The Coalition parties have expressed support for nuclear energy as part of Australia's energy mix. This bill aligns with Coalition energy policy but was not introduced with government endorsement.

Private senators' bills rarely pass without government support. Previous similar bills, including those introduced by Senator Canavan, have not progressed beyond the Senate.

Evidence review

State-level barriers

Even if the Commonwealth prohibitions were removed, significant barriers would remain at the state and territory level. Victoria's Nuclear Activities (Prohibitions) Act 1983 prohibits nuclear activities including uranium mining, enrichment and power generation. Western Australia and Queensland have similar mining and activity bans. South Australia lifted its ban in 2016 but has not proceeded with any nuclear power development. New South Wales has no specific legislative ban but has not pursued nuclear power development either.

This means that even if this bill were to pass, it would be legally insufficient to enable nuclear power development in most Australian jurisdictions.

Evidence review

Status and parliamentary context

The bill was introduced in the Senate on 4 February 2026 by Senator Matthew Canavan. As of July 2026, the bill is before the Senate. The second reading was moved but the debate has not concluded and no vote has been held. The bill has not been referred to a committee for inquiry and no proposed amendments have been circulated.

The bill is a private senator's bill — introduced by a senator who is not a minister — and does not represent government policy. The Australian Labor Party has a longstanding policy opposing nuclear power, and the Albanese government has stated it will not lift the prohibition on nuclear energy. The government's position means the bill would need to overcome government opposition in both the Senate and the House of Representatives to become law.

The debate over this bill takes place within a broader political conversation about Australia's energy future. At the time of the bill's introduction, the Coalition had announced a policy supporting the development of nuclear power in Australia, proposing seven sites for nuclear reactors. The bill aligns with that policy direction but is separate from it: it is Senator Canavan's private initiative, not a Coalition government measure. The bill's presence on the Senate notice paper keeps the question of nuclear energy prohibitions before the Parliament.

Common questions

Before you rely on the answer

Would this bill allow nuclear power plants to be built in Australia?

Not by itself. The bill would remove Commonwealth-level legislative prohibitions but would not create a regulatory framework or authorisation pathway. State bans and the absence of a licensing regime would remain as barriers.

Is this government policy?

No. This is a private senator's bill introduced by Senator Matt Canavan in his personal capacity. It is not a government bill and does not represent the policy of the Albanese Labor Government, which opposes nuclear power.

Has the Coalition endorsed this bill?

At the time of writing, the Coalition had not formally endorsed this specific bill. The Coalition's broader energy policy supports including nuclear power in Australia's energy mix, but this bill was introduced independently by Senator Canavan.

Do states also ban nuclear power?

Yes. Victoria, Western Australia and Queensland have legislative or policy bans on various nuclear activities including uranium mining and nuclear power. These state-level bans would remain in force even if this Commonwealth bill passed.

Source spine

Primary material used for this guide

Review trigger: Second reading debate outcome; Coalition endorsement or opposition; government response; referral to committee; passage or defeat in Senate.

Archive note: Based on the bill text, explanatory memorandum and parliamentary records available as of July 2026. The bill had not passed into law at the time of writing. Parliamentary status may have changed.

Primary links are provided without affiliate or tracking parameters. Confirm that the source still applies to the bill, sitting date, jurisdiction or reporting period before relying on it.