Aboriginal group loses Federal Court battle against nuclear waste dump ballot
An Aboriginal organisation which has lost a legal battle over plans for a radioactive waste dump, says it is likely to appeal the case in court.
- Government denies it has a preferred site for radioactive waste dump
- Thousands call for SA nuclear dump plans to be scrapped
An Aboriginal organisation is poised to appeal a court decision to dismiss its discrimination claim against Kimba Council, over plans for a radioactive waste dump.
Federal Court Justice Richard White yesterday dismissed the Barngarla Determination Aboriginal Corporation’s claim against the council’s plan for a community ballot, which will exclude traditional land owners not living in the area.
The council plans to host the ballot to inform the Federal Government on whether there is community support to host the waste storage site near the town.
The ballots in Kimba and Hawker — another area flagged as a potential dump site — were due in August 2018 but were stalled after the legal case was launched.
In a media statement, the Aboriginal organisation’s board said the Barngarla held significant areas of native title in the area, and were also property owners for the purpose of the Local Government Act.
“The Barngarla respects the decision of the Federal Court, as the court has to interpret complicated legislation,” the board said.
“However … we consider it sad that in the 21st century we are required to take legal action to allow us to have the right to vote on the major decision of the day.”
The board said the Barngarla had been trying to ensure their members had the same right to vote as other people in Kimba.
Its lawyers were reviewing the court’s decision.
“At this stage it appears that the legal issues are now very narrow and we consider that we will likely appeal the decision,” the board said.
“However, this decision will be made by the Barngarla Determination Aboriginal Corporation … after receipt of full and informed legal advice.”
Kimba Mayor Dean Johnson said it was too early to say when the ballot might be held.
“Our district council has always been a really strong advocate for our community to have a voice,” Mr Johnson said.
“I think people on all sides of the argument really want to see some action made so we can move forward from here. It's a great result for the community.”
Greens MLC Mark Parnell said the court outcome — delivered during NAIDOC week — said a lot about the state of reconciliation in Australia.
“For a court to decide that it’s not a breach of the Racial Discrimination Act to deny traditional owners a vote about whether they want a nuclear waste dump on their traditional lands is a terribly disappointing outcome,” Mr Parnell said.
“Not only is it entirely appropriate for the traditional owners to be given a say but so too should the people who live near ports where nuclear waste will be delivered or along the roads or railway lines.”
Nuclear free campaigner for Friends of the Earth Australia Mara Bonacci said while nonresident ratepayers were to be included in the Kimba vote, traditional owners living outside the area were excluded.
“Despite today’s ruling, community members, civil society groups and many others will continue to fight to protect South Australia from becoming home to Australia’s radioactive waste and for a fair and transparent site selection process,” Ms Bonacci said.
The Federal Government is considering three properties for the radioactive waste facility — two near Kimba and one near Hawker.
As reported by The Advertiser this week, a source close to the venture has said that the radioactive waste storage site is likely to be at least 60 per cent bigger than previously envisaged, covering 160ha or 170ha.
The source believes Napandee — a property near Kimba — is the Federal Government’s preferred site.
However, a spokesman for the Industry, Innovation and Science Department said the Federal Government was yet to decide on the site, which would measure at least 100ha.
“Consultation has remained open during the proceedings, and we continue to encourage people both for and against the proposal to make their views known by making a submission,” the spokesman said today.
“The Department will examine the decision in detail in the coming days, before advising the communities who voluntarily entered into the process, of the next steps.”
Meantime, the Adnyamathanha Traditional Lands Association (ATLA) has also lodged a formal complaint with the Human Rights Commission over the site selection process.
That case is ongoing.
michelle.etheridge@news.com.au