Dear Secretary
I am writing to outline my expectations for how the Department of Industry, Science and Resources will administer the mineral export permissions (MEP) process for uranium, controlled ores, and other nuclear material.
This statement of expectations will assist with the Australian Government’s commitment to effective governance and performance of regulatory functions, guided by the Public Governance, Performance and Accountability Act 2013. It forms part of the government's commitment to good corporate governance, which aims to boost Australia’s productivity by reducing unnecessary regulatory burden on business and the community.
Mineral export permissions
I have authorised the department as the designated export authority to administer MEPs in accordance with regulation 9 of the Customs (Prohibited Exports) Regulations 1958 and the Nuclear Non-Proliferation (Safeguards) Act 1987.
In accordance with the Regulations, material with the following characteristics requires an export permission:
- uranium oxide concentrate or uranium ore concentrate (UOC)
- ores or concentrates containing 0.05 per cent by weight or 500 parts per million (ppm) or more of uranium and thorium combined (controlled ores or concentrates)
- other nuclear materials such as depleted uranium, thorium, and plutonium; or any material listed in Schedule 7 of the Regulations.
All uranium produced in Australia is exported for use in nuclear energy generation or research reactors and can only be used for peaceful purposes in countries Australia has approved. Our export controls reflect Australia’s stringent nuclear safety and security requirements, including Australia’s non-proliferation obligations.
Expectations
I have set out my expectations for the department’s administration of MEPs below, to ensure it continues to be effective and compliant with Resource Management Guide 128 (RMG 128) and consistent with updated policy advice provided by the Department of Finance. These expectations reflect the whole-of-government objective to better balance risk mitigation with efficiency, growth and dynamism.
1. Continuous improvement and building trust
I expect the department will:
- Administer MEPs under regulation 9 of the Regulations with integrity, impartiality, and transparency.
- Provide clear, timely, and accessible guidance to applicants.
- Establish and monitor key performance indicators (KPIs) for MEP administration, such as processing times, stakeholder satisfaction, and compliance outcomes, and incorporate these metrics into departmental reporting where appropriate.
- Align its approach and implementation with the 6 principles of the Regulatory Policy, Practice and Performance Framework for the MEP administration role, with consideration of legislative objectives and ensuring they remain fit for purpose in an evolving international environment.
2. Risk-based and data driven
I expect the department will:
- Take a proportionate risk-based approach to regulation to balance risk mitigation with efficiency, growth and dynamism as a priority, and consider the impact of its regulatory activities on productivity. For example:
- Adjusting regulatory posture where appropriate to create a regulatory environment that enables productivity growth.
- Proactively reducing unnecessary regulatory burden, including looking for ways to support innovation and new market entrants.
- Increasing the recognition of suitable risk assessments, standards and conformity assessment procedures to lower barriers to trade.
3. Collaboration and engagement
I expect the department will:
- Engage with relevant international regulatory bodies to ensure Australia’s uranium export framework aligns with global best practice, facilitates international trade, and upholds Australia’s nuclear non-proliferation obligations.
- Strengthen collaboration with the Australian Safeguards and Non-Proliferation Office (ASNO), Australian Border Force (ABF), and other government agencies to ensure robust compliance and safeguard of Australia's uranium and controlled ore export framework without unnecessary regulatory burden on exporters.
- Engage with relevant state and territory regulators to identify opportunities for streamlining processes and reducing regulatory and administrative burden on the industry where appropriate.
- Maintain open and transparent communication with industry stakeholders, engaging in genuine dialogue and incorporating feedback to improve the efficiency and effectiveness of administrative and regulatory processes.
4. Innovation and regulatory change
I expect the department to:
- Work with the Department of Finance, where appropriate, through usual budget processes to implement and report on any reform proposals to reduce unnecessary regulatory burden that may require legislative reform or have funding implications.
- Leverage data and digital technologies to enhance the efficiency, transparency, and effectiveness of regulatory activities and outcomes.
Conclusion
I outline these expectations to ensure that the department administers this regulatory function in good faith, demonstrating a commitment to best practice, and in accordance with Australia’s domestic regulations and applicable laws.
I expect the department will incorporate this statement of expectations into its Public Governance, Performance and Accountability Act processes, such as corporate and annual reports, and will respond in kind with a statement of intent outlining how the department will meet these expectations.
I acknowledge the department’s important work in administering this regulatory function is critical to upholding Australia’s international nuclear non-proliferation obligations while maintaining sustainable and competitive exporting industries.
Yours sincerely
Madeleine King MP