Antinuclear

Jason Bilney, chairman of the Barngarla Determination Aboriginal Corporation, said the 200 local native title holders were excluded from the Kimba community ballot despite repeated requests to both the council and the federal government to be included.

The corporation is challenging the ballot in the federal court, claiming their exclusion is a breach of the racial discrimination act. The full court of the federal court heard the matter last Friday.

“It is a simple truth that had we, as the first people for the area, been included in the Kimba community ballot rather than unfairly denied the right to vote, then the community ballot would never have returned a yes vote,” Bilney told Guardian Australia ahead of a visit to Canberra next month.

“Many of our people were born in Kimba, and we have significant native title land near the proposed facility. This native title land allows us to live on and use the land. However, because it is not rateable, we were excluded from the Kimba community ballot on a technicality,” he said.

The Barngarla claim the Coalition’s bill has been introduced to make it impossible to challenge the decision to locate a facility at Kimba, even if the court appeal is successful, effectively removing the protections of the Race Discrimination Act.

“These amendments would entirely remove any court oversight, right in the middle of existing federal court proceedings. This would entirely deprive any protections for our people,” Bilney said.

The group is expected to meet with crossbench senators in Canberra in the current session of parliament, explaining their concerns about the ballot process and pushing for the legislation to be blocked.

Centre Alliance has already expressed reservations about supporting the legislation, saying Canavan had not been upfront about what constituted “broad community support” before the results of the ballot were known.

“No one goes into a vote without understanding what the pass criteria is,” SA senator Rex Patrick told Guardian Australia.

“I support the need for a national facility, but it should only be located where there is broad community support.”

Labor discussed the party’s position regarding the legislation in a caucus meeting on Tuesday, with MPs resolving to wait until the bill had been considered by the senate economics committee and until the federal court decision had been handed down.

A final decision will then be considered by the shadow cabinet and caucus and will also go through the First Nations caucus committee.

Labor’s shadow industry minister, Brendan O’Connor, is expected to outline the party’s concerns when debate gets under way in the House of Representatives on Wednesday, but told MPs that there was a need for Australia to establish a national radioactive waste management facility. ….. https://www.theguardian.com/australia-news/2020/feb/26/south-australia-nuclear-waste-dump-could-face-roadblock-in-senate