Penny Wong office reply to Josephite SA Reconciliation Circle letter before the last Senate session  27 October 2020 
From: “Wong, Penelope (Senator)” <Senator.Wong@aph.gov.au>

Subject: RE: We plead with Labor Senators to vote NO to the undemocratic, unfair National Radioactive Waste Management Amendment Bill 2020
Date: 26 October 2020

Dear Michele,

 RE:      NATIONAL RADIOACTIVE WASTE MANAGEMENT FACILITY PROPOSAL

 

Thank you for your correspondence on the proposal for a national radioactive waste management facility in South Australia and the National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020.

 

Senator Wong is aware of different views in the community about this proposed facility.

 

It is clear the Government’s proposal gives rise to issues surrounding Indigenous heritage, environmental concerns, public safety, as well as differing opinions on necessity of such a facility, all of which must be adequately resolved.

 

Australians depend on nuclear technology for medicines used in the diagnosis of heart disease, skeletal injuries, as well as a range of cancers. Radioactive substances and wastes must be handled safely and with care.

 

One effect of the Bill would be to amend the National Radioactive Waste Management Act 2012 to set aside the existing site selection and approval process, and instead specify the site selected and enable the acquisition of additional land for the facility.

 

On 11 June 2020, the Bill passed the House of Representatives. As you noted, Labor opposed the Bill in the House. As you are aware, the Senate Economics Legislation Committee completed an inquiry into the Bill, and now it is up to the Government to decide when this bill will be debated in the Senate. Senator Wong followed the progress of the committee inquiry, in which Labor senators actively participated. We are pleased to see that you quoted from Labor senator Jenny McAllister’s dissenting report in your correspondence.

 

Senator Wong encouraged members of the South Australian community to engage with the Senate Economics Legislation Committee inquiry in order to ensure committee members and parliamentarians more broadly are aware of community attitudes. Along with consultation that has taken place with stakeholders, as well as community views expressed to Labor parliamentarians in community meetings and through organised petitions and campaign emails, this informed Shadow Cabinet and Caucus as they finalised Labor’s position on the legislation.

 

Labor has decided move an amendment to the legislation in the Senate that will remove the section of the Bill that nominates the site at Napandee, near Kimba, as the location of the national radioactive waste management facility, whilst maintaining the Community Fund established in the Bill for whatever community eventually hosts the site. Should our amendment be unsuccessful, we will oppose the Bill in the Senate.

 

Labor’s proposed course of action does not prevent the Government from nominating the site under the existing legal process, something it could do today. However, retaining the existing process ensures this significant decision will be subject to judicial review so that the community can be assured the decision about where to locate the facility was reached as a result of a fair and properly conducted process. This is something we are aware that the representatives of the Barngarla People have expressed is particularly important to them.

 

Ten years ago, Federal Labor deliberately amended the current legislation to include judicial review so that an affected party could challenge a decision made by the relevant minister. This is a contentious issue and should have the highest levels of scrutiny to ensure that the principles of procedural fairness and natural justice have been applied given the national significance of this matter.

 

Thank you again for your correspondence.

 

Yours sincerely,

 

OFFICE OF SENATOR THE HONOURABLE PENNY WONG