Fresh Kimba radioactive waste dump injunction bid could bring extra costs, delays, Federal Court hears

A court injunction to stop a vote on Kimba hosting a nuclear waste dump could mean high costs and delays in the project, a court has heard.

Any hold-ups caused by another case over the Kimba nuclear waste dump vote could result in “significant” extra costs and delays in the project, the Federal Court has heard.

The Barngarla Determination Aboriginal Corporation wants an injunction to stop Kimba Council hosting a ballot to determine community support for a radioactive waste storage facility being built near the town.

In July, it lost a Federal Court challenge to stop the vote, which it argued was discriminatory because traditional land owners who lived outside the district were not allowed to take part.

Speaking on behalf of the Barngarla, Dan O’Gorman on Tuesday told the court there was “no foundation” for a claim made by the Federal Government’s National Radioactive Waste Management Taskforce that putting off the vote would have “significant implications” in establishing a waste storage site.

“It’s apparent that a consequence will be a delay of the process but there’s no evidence … that anyone would suffer any detriment as a result of that,” Mr O’Gorman said.

The Government is considering three sites for the project, which would store low and intermediate-level medical waste. Two are near Kimba, on the Eyre Peninsula, and one is near Hawker in the Flinders Ranges.

Votes were due to happen last year but were delayed pending the court action and concerns from traditional landowners in both regions.

“The native title holders didn’t even figure in deliberations of the (Kimba) Council when it was deciding what criteria to adopt when determining eligibility for the ballot,” Mr O’Gorman said.

“Why were the freehold people entitled to vote but not the native title holders? The clear inference is that it’s based on race.”

Speaking on behalf of Kimba Council, Michael Burnett said it was “common sense” that an injunction would cause further delays and costs.

He said the owners of non-rateable properties would also be excluded from Kimba’s vote, which was based on “objective criteria”.

“The (Resources) Minister (Matthew Canavan) will determine what he considers the community view is, taking into account the result of any ballot and submissions made by stakeholders,” Mr Burnett said.

Justice Craig Colvin reserved his decision until Friday.

[e-mail]