Antinuclear

Civil Society faces imposition of an AUKUS military High Level nuclear waste dump.

The Federal ALP belatedly disclosed a pre-condition to AUKUS and to Australia’s purchase of existing US nuclear submarines is for Australia to keep the US subs military High Level nuclear waste forever.

This was kept secret in the federal election and only revealed to the public after an 18-month study.

The ALP is seeking to ‘normalise’ military High Level nuclear waste in Australia with simplistic claims
of ‘nuclear stewardship’ in taking on the liabilities in buying US nuclear subs & retaining the wastes.

Disposal of High Level nuclear waste is unprecedented at a global scale, with the US and UK having
proven unable to do so in over 60 years since first putting nuclear powered submarines to sea.

Minister for Defence Richard Marles MP has stated there will be ‘an announcement’ within a year on the management of High Level nuclear waste with a process to site a disposal facility, saying
“obviously that facility will be remote from populations” (ABC News 15 March 2023).

Defence is reported to be working with the Australian Radioactive Waste Agency to conduct a review
to identify potential nuclear waste disposal sites. The public have a right to know who’s targeted.

WA, Queensland and Victoria immediately rejected a High Level nuclear waste disposal site in their
States. The SA Premier said it should go to a safe ‘remote’ location in the national interest.

New Agencies are to be set up and at least three sets of federal legislation are to go to Parliament
that relate to facilitating the disposal of military High Level nuclear waste in Australia.

An Australian Submarine Agency (ASA) is to be set up by 1 July 2023, to absorb the current NuclearPowered Submarine Taskforce and manage nuclear submarines and supporting infrastructure and
facilities from acquisition through to disposal. Defence says the ASA is to: “enable the necessary
policy, legal, non-proliferation, workforce, security and safety arrangements”.

A new military nuclear regulator, the statutory Australian Nuclear-Powered Submarine Safety
Regulator is to be established. Both Agencies will report directly to the Defence Minister.
The current Reforming Defence Legislation Review proposes to take on Defence Act powers to
override State & Territory legislation to ‘provide certainty’ to Defence roles, operations and facilities.

In public input to that Defence Review I made these Recommendations (April 2023, p.7 & Rec 6-7):

Defence should become transparent over proposed Navy High Level nuclear waste disposal,
policy, siting process, rights and legal issues.

Defence should commit to respect and to
comply with the United Nations Declaration on the Rights of Indigenous Peoples Article 29
provision of Indigenous People’s rights to “Free, Prior and Informed Consent” over storage or
disposal of hazardous materials on their lands.

Defence must declare whether the SA Nuclear Waste Storage (Prohibition) Act 2000 will be
respected or is intended to be over-ridden to impose a Navy High Level nuclear waste
storage or disposal site on ‘remote’ lands and unwilling community in South Australia.

Integrity, transparency and accountability are key to any public confidence in government process.

However, this nuclear dump is likely to be imposed on community in SA or in NT, with override of
State legislation, compulsory land acquisition, and disregard for Indigenous Peoples right to Say No.

Both the AUKUS military nuclear dump and ANSTO’s dump imposition at Kimba are
untenable affronts to democratic rights and to Indigenous People’s rights in SA

Defence should now disclose associated policy plans for ANSTO nuclear fuel wastes and long-lived
Intermediate Level Radioactive Wastes (ILW) to also be disposed at a proposed military High Level
nuclear waste disposal site, along side Navy nuclear wastes arising from buying US nuclear subs.

SA already faces federal imposition of a so called National Radioactive Waste Management Facility to
store ANSTO nuclear fuel wastes and ILW on agricultural land near Kimba, on Barngarla People’s
country in defiance of Barngarla clearly Saying No, and dividing community on Eyre Peninsula.

A suite of public interests are already at risk, see input to the Federal Environment Department on
Guidelines for an Environmental Impact process on the nuclear facility at Kimba (DN 23 March 2023).

For instance, see “Nuclear Waste Store siting at Kimba also targets the Port of Whyalla” (Feb 2020).

ANSTO is the predominant waste holder and future producer of both ILW and Low Level Waste, see a
Briefing: “National Inventory of Radioactive Waste shows the Kimba dump is ANSTO’s dump”.

There are alternatives: ANSTO can securely retain their nuclear wastes on site at Lucas Heights,
rather than impose double handling transport into indefinite above ground storage at Kimba.

Both nuclear waste dump plans trigger the United Nations Declaration on the Rights of Indigenous
Peoples (adopted by United Nations, Sept 2007) in Indigenous People’s rights to “Free, Prior and
Informed Consent” over storage or disposal of hazardous materials on their lands.

Traditional owners must have a right to Say No to nuclear wastes. See “AUKUS nuclear waste dump
must be subject to Indigenous veto” (By Michelle Fahy May 2023): “Bipartisan secrecy and Defence’s
poor record with Indigenous groups at Woomera are red flags for consultations over an AUKUS
nuclear waste dump. Human rights experts say government must establish an Indigenous veto right.”

The “Woomera Protected Area” (WPA) a large Defence weapon testing range in SA has already been
flagged by other State Premiers as a site for a military High Level nuclear waste disposal facility.

Most of the WPA is State owned Crown land and not Commonwealth owned Defence lands. Siting a
nuclear waste dump would be imposed through compulsory land acquisition & over-ride of SA laws.

Storage and disposal of nuclear wastes compromises the safety and welfare of the people of South
Australia, that is why it is prohibited by the SA Nuclear Waste Storage (Prohibition) Act 2000.

The Objects of this Act cover public interest issues at stake, to protect our health, safety and welfare:

“The Objects of this Act are to protect the health, safety and welfare of the people of South
Australia and to protect the environment in which they live by prohibiting the establishment
of certain nuclear waste storage facilities in this State.”

Defence are already ignoring Aboriginal Heritage law and contravening protections in SA, see
“Defence bombing Indigenous site in Woomera” (20 May 2023). Defence is now further ‘angling for
exemption from State laws it admits serve important public purposes’

The SA Premier is yet to say if he will support an Indigenous right to Say No to an AUKUS dump in SA.
Both the proposed AUKUS military High Level nuclear waste dump and ANSTO’s dump at Kimba are
illegal under SA Law. Both nuclear dumps are an untenable affront to democratic rights in SA.

May 31, 2023 - Posted by Christina Macpherson | Uncategorized