SA Traditional Owners launch legal action to block nuclear waste facility

Barngarla people hold Native Title rights over the site and say they were excluded from a community vote approving the development.

Barngarla people have filed a legal challenge over the Federal Government's selection of a site near Kimba for a nuclear waste dump.

Barngarla chairperson Jason Bilney and supporters pictured in front of the South Australian Supreme Court. Source: Jason Bilney/Kim Mavromatis

Barngarla Traditional Owners have launched a legal campaign to block the federal government’s plans to build a nuclear waste dump near the town of Kimba in South Australia. 

The government acquired around 211 hectares of land at Napandee in November for radioactive waste to be stored in deep trenches for more than 100 years.

Barngarla Determination Aboriginal Corporation chairman Jason Bilney said Traditional Owners were not consulted on the storage of radioactive waste on their land.

“We don't want the nuclear waste dump, full stop, on our Country,” Mr Bilney told NITV News.

“Where they want to build it is part of our storyline and it's about protecting and preserving what Country we have left.

“If you don't have consent from the Indigenous people, you should not be able to put it there.”
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Former federal minister for resources and water Matt Canavan had previously said the Napandee facility would not proceed without broad community support.

A 2019 Australian Electoral Commission ballot found more than 60 per cent of local residents supported the facility.

However, the eligibility criteria for the local government electoral roll meant that Native Title holders were excluded from the ballot.

“After successfully winning Native Title after 21 years of fighting for our Country, we were then excluded from the community ballot,” Mr Bilney said.

“The government has continued to treat us unfairly, including not undertaking heritage assessments with us and abandoning the commitment to ‘broad community support’ at the last minute.”
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The Napandee nominated site. Source: Department of Industry, Science, Energy and Resources
Federal member for Grey Rowan Ramsey said the decision to host the nuclear waste facility in his electorate was made with careful consideration.

“I know that the majority of the local community are behind the project that will bring jobs and new economic opportunities for our region and look forward to the facility proceeding,” Mr Ramsey said.

“This is not to say there are not some people with concerns and I will work with them to resolve those issues wherever possible, as we move into the detailed design, delivery and operational phases.”

The BDAC filed for the Federal Court to review the government’s selection process for the site on Tuesday. 

Mr Bilney said if successful, the court will overturn the decision to locate the facility at Napandee.

“We have been here for 60,000 years and we’ll still be,” Mr Bilney said.

“We're going to fight this all the way.”

The Federal Court is expected to list the case early next year.

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3 min read
Published 22 December 2021 5:07pm
By Nadine Silva
Source: NITV News


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