Kimba radioactive waste storage site faces fresh legal challenge from Barngarla Determination Aboriginal Corporation

Native title holders have launched a new legal challenge over the planned radioactive waste site at Kimba.

Barngarla native title holders have launched court action against the federal government in another bid to quash plans for a radioactive waste storage site near Kimba.

The Barngarla Determination Aboriginal Corporation on Tuesday filed an application for a judicial review of the government’s decision to build the nuclear waste facility at Napandee Farm.

The Federal Court litigation follows years of upset among some traditional landowners over how consultation for the project was handled.

A political impasse over legislation paving the way for the storage site was settled this year, resulting in the government recently reaffirming Napandee as its chosen place.

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

Traditional landowners were upset that those who did not live in the Kimba Council area were excluded from a public ballot on whether the project should go ahead in the area.

Barngarla Determination Aboriginal Corporation chairman Jason Bilney said native title holders had “never been respected or engaged” by the government during the site selection process.

“We will continue to fight to protect and preserve our country, like we have always done, and make sure that the government’s failures are brought to light in the court,” he said.

Resources Minister Keith Pitt during Question Time at Parliament House in Canberra. Picture: NCA NewsWire / Gary Ramage

Barngarla and other community members have raised worries about aspects of the plan including potential environmental damage, impacts on agriculture and tourism, and a lack of consultation with the wider Eyre Peninsula community.

The Kimba ballot found 62 per cent of respondents supported the project, which the government and council says will bring more jobs to the region and diversify the local economy.

The community will also receive a $31m funding package including skills and business development and other local projects.

The Barngarla corporation last year lost a court battle against Kimba Council over the ballot.

Resources Minister Keith Pitt said the declaration of Napandee as project’s location was “a significant step” in setting up the “crucial piece of national infrastructure”.

Mr Pitt said it provided “a much-needed solution” for Australia’s nuclear medicine industry and the country’s nuclear research capabilities, which would benefit all Australians.

The government has previously said work at the site would start once all necessary approvals were complete and funding approved, which was likely to be after 2024.

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