Traditional owners take Kimba nuclear dump fight to Federal Court

A key vote supporting a green light for the controversial facility shut important voices out of the decisions, the local group argues.

Harry and Linda Dare, who will be attending the hearing in the Federal Court in Adelaide. Picture: Dean Martin

A group of Eyre Peninsula traditional owners will take their fight against a nuclear waste dumping facility to the Federal Court, as debate over the controversial project continues.

The judicial review into the declaration of Napandee, 24km west of Kimba, as the location for the facility will be heard by Justice Natalie Charlesworth on Monday with dozens of Traditional Owners and supporters expected to descend on the Federal Court.

The court action is the most significant step in the Barngarla people’s fight to have the waste facility scrapped

The Barngarla Native Title stretches about 35,000sq km across the Eyre Peninsula, including Kimba.

Traditional owner Harry Dare said Barngarla people would continue to fight until the project was called off.

“We’re absolutely against nuclear waste being on our Country,” Mr Dare said.

“We’re not just fighting for ourselves … we’re fighting for all of Australia.

“I’m sure that no community wants nuclear waste in their community.

“This is only the start of many fights that we’re going to have with the Australian government.

“We will fight them tooth and nail to stop their transportation of nuclear waste over our Country and we will stand for anybody in their fight against nuclear waste.”

Mr Dare’s niece, Linda Dare said the 211ha site at Napandee was a significant place in a Barngarla Dreaming story.

“If you break that story, how are we supposed to keep that story going?” Ms Dare said.

The facility, which was previously planned to be built near Hawker in the Flinders Ranges before the project was called off after fierce opposition from Traditional Owners, would store low-level nuclear medical waste currently kept at facilities across Australia.

The debate over the facility in the Flinders Ranges divided traditional owners, with some supporting the facility.

Malcolm McKenzie, whose family lives on Yappala station, supported a nuclear facility on the Eyre Peninsula because of the jobs it would create.

Malcolm McKenzie, whose family lives on Yappala station near Hawker, supports a nuclear waste facility in the area. Picture Dean Martin

A community ballot held in 2019 found more than 60 per cent of Kimba locals supported the $325m facility, however, traditional owners said they were not included in the vote because they did not live within Kimba Council’s boundary.

“We were excluded from the start,” BDAC chairman Jason Bilney said.

In November 2021, the Morrison government announced it had acquired farming land near Kimba for the facility.

Mr Bilney said BDAC had spent about $650,000 on legal costs to fight the project and said BDAC would continue to fight against the facility at Kimba until it was scrapped.