By: Romita Chattaraj | March 20, 2023 – 2:06pm

On March 14, 2023, Australia, the US, and UK concluded a deal that will extend nuclear powered submarines to the Australian Navy, a key part of the AUKUS security agreement between the three countries. The AUKUS deal requires the Australian government to dispose of nuclear waste containing radioactive materials produced by the submarines. While Australia has facilities to store low through intermediate-level waste, no facilities exist to store high-level waste for the decades or centuries such waste requires. This has raised concerns about violating Article 2 of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) which does not permit non-nuclear states to “receive nuclear explosive devices or seek their manufacture.” However, Australian Prime Minister Anthony Albanese reaffirmed Australia’s commitment to the NPT and stated that the country will work in “close cooperation with the International Atomic Energy Agency (IAEA).” One other violation concern has been raised regarding the Treaty of Rarotonga, also known as the South Pacific Nuclear Free Zone Treaty, which does not allow signatories to “acquire, possess, or have control over any nuclear explosive device” but allows reservations in Article 14. Reservations, as defined by Article 14 of the Vienna Convention on the Law of Treaties, permits a state to exclude the application of certain provisions, creating a loophole for Australia’s ability to store nuclear reactors. US submarines will start visits to Australia this year with UK submarines expected by 2026. Full nuclear capability is expected by the early 2030s.

Australia’s nuclear waste from AUKUS deal raises treaty violation concerns

US & UK make the submarines, Australia stores the waste.