Antinuclear

Legal aspects of KIMBA  COMMUNITY OPPOSITION TO National Radioactive Waste Management Facility

KIMBA  COMMUNITY OPPOSITION TO National Radioactive Waste Management Facility

The decision by the High Court in the New Acland Coal case ⁽¹⁾ was delivered only on Wednesday of last week but it is already creating a stir

In applying the rationale of that case to the Kimba situation the very marked difference is that its community members opposing the nuclear waste facility which is apparently made up of several groups including the Barngarla people suffered a much greater disadvantage than the objectors in the New Acland case as there was a real and actual bias at Kimba and not just an apprehension of bias 

This view has been expressed by several lawyers including retired judges to whom I spoke and it should be a very strong and decisive outcome which will mean that the government’s proposals for Kimba will be totally aborted

The other aspect of any litigation as to the Kimba situation is that all the information given by the government will now become subject to detailed scrutiny which will show up the the disingenuous statements by Pitt and the public servants involved including ANSTO and even ARPANSA

The same will apply to all the documents including internal minutes and notes which were either not previously disclosed or else highly redacted as they will have to be produced fully without the availability of any claim of privilege

I imagine that besides Pitt and Canavan being personally embarrassed it will make the government look silly and sneaky in its actions

I understand that the Kimba opponents are already considering an initial application to the Court to have their own impartial scrutiny and assessment of the government’s proposals to be paid for by the government

No wonder that lawyers are already queuing up to take this case on for the objectors as it should be an easy one with prolonged notoriety and no doubt with ultimately substantial costs against the government

Eat your heart out Erin Brockovich!

(1). Oakey Coal Action Alliance Inc v. New Acland Coal Pty Ltd & Ors

High Court Case No. B34/2020      Judgment:   3 February 2021

February 9, 2021 - Posted by Christina MacPherson | AUSTRALIA - NATIONAL, Federal nuclear waste dump