Antinuclear

Australian news, and some related international items

Nuclear Waste Dispute in Court Wednesday 15 June 

Kimba Radioactive Waste Facility Judicial Review in Federal Court. Wednesday 15 June 2022:
initial directions hearing and hearing on discovery

Barngarla Determination Aboriginal Corporation RNTBC ICN 8603 
• The first directions hearing will occur in the Federal Court of Australia this Wednesday at
9:00am in Adelaide, with some solicitors and counsel attending by MS Teams.
• The directions hearing will start off the long process of judicial review on the facility.
• An immediate issue is that the former Minister Pitt would not provide the Barngarla
documents Barngarla needed for the judicial review. It is not clear what the new Labor
Minister’s position is now that they have won Government.
• The dispute on discovery includes records of all of the commitments Minister Pitt and
Minister Canavan made that a facility would not be placed on an unwilling community.
Minister Pitt abandoned this requirement in his reasons when he made the declaration to
select Napandee.

The Government is refusing to provide these records and the matter may now need to be
argued as a contested discovery application.
• Any dispute on discovery is likely to take several months.
• Barngarla, Indigenous leaders around Australia, and the environmental movement have all
called for the declaration to be withdrawn now that Labor has won Government.
Barngarla spokesperson quote:
“There were serious failings when the National Party selected Napandee, too many to outline of the area, trying to legislate away judicial review, breaching UNDRIP and abandoning the test ofbroad community support at the last minute without any warning to anyone. The former Ministerwouldn’t provide us the material we need to run our case. Leaving aside these tricks and theseefforts to exhaust us, we remain confident that we will win this if we have to go to Court. However,because of the terrible mishandling by the National Party, we again call upon the new Labor Ministerto quash the declaration. We do not want to spend the next two years in Court against the LaborGovernment. They know what the National Party did and they should do the right thing andwithdraw the declaration.”
For further comment, please contact: barngarlamedia@gmail.comhere.They included, denying the First Peoples the right to vote, not conducting a proper heritage survey

June 14, 2022 - Posted by | aboriginal issues, AUSTRALIA - NATIONAL, Federal nuclear waste dump, legal

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