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Kimba radioactive waste debate hits court as Barngarla community says its concerns have been ‘ignored’

An Aboriginal corporation will launch a fresh legal battle over the Federal Government’s decision to store radioactive waste near Kimba, saying traditional owners’ views were “ignored”.

National Radioactive Waste Management Facility Concept Design

An Aboriginal corporation says it is likely to launch a new legal challenge over the Federal Government’s decision to use farming property Napandee, near Kimba, to store radioactive waste.

It comes as the Barngarla Determination Aboriginal Corporation is already set to return to the Federal Court on February 21.

The organisation, which represents native title holders, is appealing Justice Richard White’s decision in July to dismiss its claim against Kimba Council.

It had argued the council discriminated against native title holders when it decided to exclude those who did not live in the area from a community ballot to gauge support for the radioactive waste storage site.

The Barngarla community conducted its own postal ballot, with all of the 83 traditional landowners who responded rejecting the proposal.

An artist's impression of the radioactive waste site at Napandee, near Kimba. Picture: Supplied
An artist's impression of the radioactive waste site at Napandee, near Kimba. Picture: Supplied

It followed the Kimba vote – conducted on the Government’s behalf – finding 62 per cent of respondents were in favour of the facility, which would come with a $31 million community funding package.

In a statement, the Barngarla corporation this week said it would “likely” launch new judicial review proceedings after the results of its ballot were “ignored”.

The Federal Government has maintained that a nuclear waste site must have “broad community support”.

“The only reason why there was a yes vote was because Barngarla were excluded, and this has then been used as the justification to allow the facility to be built, entirely ignoring Barngarla’s views,” the Barngarla statement said.

“The Barngarla stand with most of the farming industry against this proposal. However, the more important issue now is the fact that voting manipulation has allowed for the decision to occur.”

Senator Matt Canavan announced the plan for Kimba on Saturday, but has since resigned from his role as Resources Minister. AAP Image/Lukas Coch
Senator Matt Canavan announced the plan for Kimba on Saturday, but has since resigned from his role as Resources Minister. AAP Image/Lukas Coch

The storage site – costing about $325 million – will hold mostly medical waste, but also spent fuel and potentially waste from the Woomera Test Range.

Low-level waste will be held in above-ground vaults, eventually covered by earthworks.

The intermediate-level waste will also be stored above ground, but with access retained so it can be moved to a final disposal site in decades to come.

The approvals process for the waste facility is expected to take at least two years, with a build time of at least another two years.

A spokesman for the Department of Industry, Science, Energy and Resources said the department could not comment on matters before court but could confirm the Barngarla’s views were considered.

“The Government has consistently said we will not reduce ‘broad community support’ to a single number and that no one group or individual has a right to veto the facility,” he said.

Resources Minister Matt Canavan, who on Saturday announced Napandee as the host site, handed in his resignation from Cabinet amid this week’s National party leadership spill.

“While native title has been extinguished on the identified site, the Government is committed to working with traditional owners to protect culture and heritage, and to maximise economic opportunities and outcomes for Aboriginal communities.”

michelle.etheridge@news.com.au

Original URL: https://www.adelaidenow.com.au/business/sa-business-journal/kimba-radioactive-waste-debate-hits-court-as-barngarla-community-says-its-concerns-have-been-ignored/news-story/255f1f0cbbc8ccc33aabae7dad03089a