The Times Australia
The Times World News

.

Queensland Premier Steven Miles is promising to hold a vote on nuclear power. Here’s why

  • Written by Anne Twomey, Professor Emerita in Constitutional Law, University of Sydney

Queensland Premier Steven Miles this week declared his party would hold a plebiscite on nuclear power[1] if it returns to office at the forthcoming state election.

The move is in response to plans[2] by the federal Coalition to build and operate seven nuclear plants[3] around Australia if elected to government. Opposition Leader Peter Dutton says the facilities would be built at sites of coal power stations scheduled for closure. Two are slated for Queensland, at the Callide and Tarong power stations.

Queensland has state laws banning the construction or operation of a nuclear facility and requiring the state government to hold a plebiscite if there are Commonwealth plans to build a nuclear plant in the state. A plebiscite is a referendum-style vote[4] to gauge voters’ views on an issue.

Unlike a referendum, the results are not binding. There’s also very little chance a plebiscite could be held on or before the date of the next federal election, as Miles has suggested, as the laws do not allow for a plebiscite on an opposition policy.

Who has the constitutional power over nuclear facilities?

While the Commonwealth Constitution does not refer to nuclear energy, the federal parliament has passed laws to regulate nuclear matters. To do so, it relies on a web of constitutional powers[5], including the trade and commerce power, the corporations power, the external affairs power and the territories power.

The Commonwealth can also compulsorily acquire land for public purposes. This makes the land a “Commonwealth place” over which it can exercise full and exclusive[6] legislative power.

The federal government has previously engaged in commercial matters by establishing trading corporations, such as NBN Co and Snowy Hydro Ltd, to deal with nation-building infrastructure.

It seems likely, therefore, that the federal parliament could pass laws to authorise and regulate the operation of nuclear power plants in Australia.

In doing so, its laws would override inconsistent state laws, such as those that prohibit nuclear facilities, under section 109[7] of the Constitution.

But state governments could still make it difficult for the Commonwealth to give effect to its nuclear policies. You only have to look at how state governments have successfully opposed Commonwealth efforts to create a nuclear waste facility[8] to see the problems.

Plebiscite as booby trap

The development of a nuclear power industry in Australia has been debated before – most recently in 2006 when the Howard Coalition government commissioned the Switkowski report[9] on the use of nuclear energy in Australia.

This report suggested the Commonwealth could act to establish 25 nuclear power stations across Australia. In response, Queensland’s parliament, under a Labor government, enacted the Nuclear Facilities Prohibition Act 2007[10]. It banned the construction or operation of certain types of nuclear facilities in Queensland. New South Wales and Victoria had also previously done the same.

The Queensland government recognised the Commonwealth probably had the power to override such a ban. So it included a political booby trap in section 21[11] of the law.

It says that if the relevant Queensland minister is satisfied the Commonwealth government has taken, or is likely to take, any step supporting or allowing the construction of a prohibited nuclear facility in Queensland, the minister:

must take steps for the conduct of a plebiscite in Queensland to obtain the views of the people of Queensland about the construction of a prohibited nuclear facility in Queensland.

man walking in suit
If re-elected, Queensland Premier Steven Miles has promised to hold a plebiscite on nuclear power in the state – potentially on the same day as the next federal election. Darren England/AAP[12]

Unlike a referendum, which changes the Constitution, a plebiscite operates as an opinion poll.

It would not prevent a nuclear power plant being built, or stop the federal parliament overriding the state ban. But it could create a political impediment.

During the debate over the state law in 2007, then-Premier Peter Beattie made this point clearly:

If the Howard government wants to use its powers to override the strong position of Queenslanders […] this government will make certain that Queenslanders have a chance to have their say.

This was important, he claimed, because it would “put political pressure on the federal government to not go down this road”. In other words, the law can be used to apply political pressure.

Of plebiscites and federal elections

Miles suggested the plebiscite could be held the same day as the next federal election “to save people going to the polls twice”.

This could affect voting in the federal election by highlighting the impact of nuclear policies on Queensland. But if this is the tactic, Miles faces two problems.

First, Queensland law only triggers the plebiscite requirement when the relevant state minister is “satisfied the government of the Commonwealth” is likely to take a step in supporting or allowing the construction of a prohibited nuclear facility in Queensland.

But the minister could not legally be satisfied of this before the election outcome is known, as a policy of an opposition party does not amount to a proposed action of the “government of the Commonwealth”.

Second, section 394[13] of the Commonwealth Electoral Act 1918 says no state or territory election, referendum or vote can be held on the day of a Commonwealth election without the authority of the governor-general.

This ban was introduced in 1922, after holding state votes at the same time as federal elections resulted in a high informal vote due to different voting instructions.

The governor-general has given this permission only once, when the Northern Territory held a plebiscite on becoming a state[14] on the same day as the 1998 federal election.

It’s doubtful the federal government would advise the governor-general to permit a partisan state plebiscite to be held on the same day as a federal election.

man power station control panel Queensland’s ageing Callide Power Station opened nearly 60 years ago. It’s been flagged as a possible location for a nuclear power station under opposition leader Peter Dutton’s plan. Queensland State Archives[15]

Where does this leave us?

It’s unlikely Queensland could hold such a plebiscite at or before the next federal election.

But if the Coalition wins the next federal election and proceeds with its nuclear policy, Queensland would be obliged to hold a plebiscite – regardless of who wins the state election, unless its law was changed.

This would make clear how much support there was for nuclear power. A clear rejection wouldn’t have any legal effect, but could well achieve the same outcome through political pressure. We might also see other states follow suit to hold plebiscites on nuclear power, although none currently are legally obliged to do so.

References

  1. ^ plebiscite on nuclear power (www.theguardian.com)
  2. ^ plans (www.theguardian.com)
  3. ^ seven nuclear plants (www.peterdutton.com.au)
  4. ^ referendum-style vote (lawpath.com.au)
  5. ^ web of constitutional powers (youtu.be)
  6. ^ exclusive (www.austlii.edu.au)
  7. ^ section 109 (www.austlii.edu.au)
  8. ^ nuclear waste facility (youtu.be)
  9. ^ Switkowski report (apo.org.au)
  10. ^ Nuclear Facilities Prohibition Act 2007 (www.austlii.edu.au)
  11. ^ section 21 (www.austlii.edu.au)
  12. ^ Darren England/AAP (photos.aap.com.au)
  13. ^ section 394 (www.austlii.edu.au)
  14. ^ becoming a state (www.abc.net.au)
  15. ^ Queensland State Archives (www.flickr.com)

Read more https://theconversation.com/queensland-premier-steven-miles-is-promising-to-hold-a-vote-on-nuclear-power-heres-why-241254

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

Exploring the Curriculum at a Modern Junior School in Melbourne

Key Highlights The curriculum at junior schools emphasises whole-person development, catering to children’s physical, emotional, and intellectual needs. It ensures early year...

Distressed by all the bad news? Here’s how to stay informed but still look after yourself

If you’re feeling like the news is particularly bad at the moment, you’re not alone. But many of us can’t look away – and don’t want to. Engaging with news can help us make ...

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...