Antinuclear

The Public Interest and Indigenous Rights in South Australia must not be compromised by an untenable Defence imposition of AUKUS military High-Level nuclear waste & nuclear weapons usable fissile material on the Woomera Area

Contents:

Introduction

The public has a ‘Right to Know’ who is targeted for imposed storage of AUKUS N- wastes.

AUKUS N-wastes are a threat to the Rights of the People of SA to decide their own Future.

3 There is an onus on this Woomera Area Review to see it doesn’t add to a sad history of nuclear disrespect for Indigenous Human Rights and Interests in our State.………………….

4 Civil Society faces imposition of an AUKUS military High-Level nuclear waste dump …………………..
5 Defence is already targeting the Woomera Area as a potential region to site an imposed
AUKUS military High-Level nuclear waste dump ……………………………….

6 Indigenous People have a UN recognised Human Right to Say No to AUKUS N-wastes …………………….
7 Is US origin military High-Level nuclear waste from US N-Subs to be dumped at Woomera? ……………………………

8 Multi-billion $ N-waste Costs are ignored while the US gets Indemnity over nuclear risks ……………….
9 Recommendations

10 Discussion
The Review must be transparent on Defence roles for Woomera in AUKUS and in war
11 As to my Relevant Background

The public has a ‘Right to Know’ who is targeted for imposed storage of AUKUS N- wastes.

Minister Marles MP has still not made a promised ‘announcement’, said to be by early 2024, on
a process to manage High-Level nuclear waste and to site a waste disposal facility, he saying
“obviously that facility will be remote from populations” (ABC News 15 March 2023).

The national press (11 August 2023) reports the Woomera rocket range is understood to be the
‘favoured location’ for storage and disposal of submarine nuclear waste (“Woomera looms as
national nuclear waste dump site including for AUKUS submarine high-level waste afr.com).

Political leaders in WA, Qld and Vic have already rejected a High-Level nuclear waste disposal
site. SA’s Premier has so far only said it should go to a ‘remote’ location in the national interest.

This Review must respect the SA public and Traditional Owners rights to full disclosure of
potential nuclear risks and impacts in advance of any decisions, legislation and process to
impose AUKUS N-waste onto community in the Woomera Area or anywhere else in SA.

Defence can-not claim to have a ‘social license’ to operate in the Woomera Area while failing to
inform affected community of the AUKUS nuclear risks, the cultural and environmental impacts,
and socio-economic impacts they may face through siting for AUKUS nuclear waste storage.

Defence has so far denied South Australians their ‘Right to Know’ the nuclear risks they face.

AUKUS N-wastes are a threat to the Rights of the People of SA to decide their own Future.

The Woomera Area Review must understand that South Australians will not accept federal
Labor and Defence undemocratic imposition of AUKUS nuclear wastes in our State.

If federal Labor go ahead with storage of AUKUS nuclear wastes in SA, it will have to over-ride
State Law to impose the dump. AUKUS N-wastes are a threat to the Safety of the People of SA.

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 Nuclear Waste Storage (Prohibition) Act 2000.

The Reforming Defence Legislation Review also proposes to take on Defence Act powers to
override State legislation to ‘provide certainty’ to Defence roles, operations and facilities. My
input and Recommendations to the Defence Review called for transparency on these issues:

Defence should become transparent over proposed Navy High-Level nuclear waste
disposal, policy, siting process, rights and legal issues. 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. (April 2023, p.7 & Rec 6-7)

I refer the Review’s consideration to “The Politics of Nuclear Waste Disposal: Lessons from
Australia”, a Report by Dr Jim Green and Dimity Hawkins AM, Published by the Asia-Pacific
Leadership Network (January 2024). The Defence AUKUS agenda needs to learn these lessons…………………………………………………………………………………………………….

Recommendations

These Recommendations No.1-5 comprise public interest disclosures that must be required
from Defence to facilitate an informed public Review of the future of the Woomera Area:

Civil Society faces imposition of an AUKUS military High-Level nuclear waste dump
This Review must respect affected Communities and Indigenous People’s ‘Right to Know’ the
Defence imposed nuclear risks they face in intended High-Level nuclear waste & nuclear
weapons usable fissile material storage and disposal facilities.

1.1 The Review must call on Defence to publicly disclose which Australian regions and
Indigenous Peoples are currently under threat of imposed siting and compulsory land
acquisition for an AUKUS High-Level nuclear waste dump, and which – if any – existing Defence
lands are included in the regional short list that is currently being prepared.

1.2 The Review must make Defence become accountable over the future and fate of the
Woomera Area, understood in national media to be a ‘favoured location’ for storage and
disposal of submarine nuclear waste (“Woomera looms as national nuclear waste dump site
including for AUKUS submarine high-level waste afr.com AFR 11 August 2023). Noting the
Woomera Area is currently subject to a Defence ‘Review’: “to ensure it remains fit for purpose
and meets Australia’s national security requirements” – read AUKUS requirements.

1.3 Defence must become publicly accountable and declare its intension to over-ride the SA
Nuclear Waste Storage (Prohibition) Act 2000 through powers in an AUKUS Bill now before
Parliament (Sec.135 “Operation of State and Territory laws”): to impose an AUKUS nuclear
waste dump on outback lands and unwilling community in SA, by decree in federal Regulations.

This Defence agenda to impose nuclear waste storage in SA also involves Defence over-ride of
the SA Environment Protection Act 1993 and over-ride of the SA Aboriginal Heritage Act 1988.

2 Indigenous People have a UN recognised Human Right to Say No to AUKUS N-wastes

The Woomera Area Review must respect the clear views of Indigenous Labor Senator Patrick
Dodson and act in accordance with the Recommendations of a Federal Inquiry Report (Nov
2023) into the UN Declaration on the Rights of Indigenous Peoples, stating:

“the Commonwealth Government ensure its approach to developing legislation and
policy on matters relating to Aboriginal and Torres Strait Islander people be consistent
with the Articles outlined in the UNDRIP”.

2.1 This Review must seek an explanation from the federal Labor Gov as to whether they will
commit to respect and comply with the United Nations Declaration on the Rights of Indigenous
Peoples Article 29 provision of Indigenous Peoples Rights to “Free, Prior and Informed
Consent”, as a Right to Say No, over storage or disposal of hazardous materials on their lands;

OR if Federal Labor intends to claim a sanction to over-ride UNDRIP and to impose a hazardous AUKUS nuclear waste dump against the potential express wishes of Traditional Owners.

3 US origin military High-Level nuclear waste from US N-Subs to be dumped at Woomera?
The Woomera Area Review must recognise the AUKUS Agreement’s proposed importation of US
origin military High-Level nuclear wastes sourced in 10–12-year-old US Navy nuclear reactors in
second hand US Virginia Class N-Subs that will require perpetual storage in Australia:

This Review must seek a full explanation of how Defence Minister Marles claims to be able
to manage a globally unprecedented task in siting and perpetual storage & disposal of
intractable US origin High-Level nuclear wastes from second-hand US Virginia N-Subs.

It is not credible for the Review to overly rely on claims by AUKUS proponent Minister Marles.

3.1 The Review should call on Minister Marles to explain the incompatibility between the AUKUS
Agreement’s transfer of US origin Virginia Class N-Sub nuclear wastes to Australia, effective
importation of nuclear wastes sourced from the US, and the pre AUKUS Federal Labor Policy
commitment in the ALP National Platform (2021, Uranium p.96-98) to oppose overseas waste:

Labor will: 8. d. Remain strongly opposed to the importation and storage of nuclear
waste that is sourced from overseas in Australia.

4 Multi-billion $ N-waste Costs are ignored while the US gets Indemnity over nuclear risks.

There is an onus on this Review to require public $ Costings and an evidentiary basis on:

• the liability $ Cost consequent in required capability and facilities for in perpetuity High-
  Level nuclear waste storage and geological waste disposal at the Woomera Area;
• whether the $ Cost of High-Level nuclear waste storage and claimed geological disposal
  is included in – OR is additional to – the public Cost of AUKUS at approx. A$368 billion.

These unstated, kept secret, liability $ Costs must be in the order of at least A$10’s of billions.

4.1 In the public interest the Review must require a full exposition on the array of nuclear waste
risks the AUKUS Agreement exposes the Woomera Area to and grants the US Indemnity over.

“Indemnity 22. The Agreement requires Australia to indemnify the UK and the US
against any liability, loss, costs, damage, or injury (including third party claims) arising
out of, related to, or resulting from nuclear risks (risks attributable to the radioactive,
toxic, explosive or other hazardous properties of materials) … transferred pursuant to the
Agreement (Article IV(E)).” (In the National Interest Analysis [2024] ATNIA 14)

5. The Review must be transparent on Defence’s roles for Woomera in AUKUS and in war.

Our survival is at stake, ex-Ambassador to China, Ross Garnaut has stated (20 August 2024):

“America would be damaged by war with China over the status of Taiwan, but, short of a
major nuclear exchange debilitating both great powers, its sovereignty would not be at
risk. Australia’s would be. Indeed, I doubt that Australia could survive as a sovereign
entity the isolation from most of Asia that would be likely to follow anything other than a
decisive and quick US victory in a war in which our military was engaged.”

Discussion:

Defence imposed AUKUS military High-Level nuclear waste & nuclear weapons usable fissile
material on all future generations of Australians is untenable and will be opposed at Woomera.

This Review must at least be able to facilitate informed public consideration of the future of the
Woomera Area through required full disclosures from Defence to the set of pre-requisite public
interest Recommendations No.1-5 presented in this public input.

Australian regional communities and Indigenous groups have a ‘Right to Know’ who is being
currently targeted for siting and assessment of an AUKUS nuclear waste storage / dump.

The Review must realise an answer from federal Labor over whether the UNDRIP championed
by Senator Patrick Dodson will be complied with OR over-ridden to impose AUKUS N-wastes.

Three years into AUKUS the failure to respect affected communities ‘Right to Know’ is evidence
Defence is on a seriously wrong track and is undermining trust in governance in Australia.

There is an onus is on this Review to investigate the array of serious nuclear waste risks to be
imposed on Woomera through AUKUS and subject to an Indemnity to favour US interests.

The Review must be transparent on Defence roles for Woomera in AUKUS and in war.

It is arguable that AUKUS and N-Subs bring Australia closer to a devastating war between the
US and China, including likely strikes on Australia with a real risk of nuclear weapons strikes.

For instance, the Review should consider “AUKUS: The worst defence and foreign policy
decision our country has made” by ex-Foreign Affairs Minister Gareth Evans (17 August 2024):

“… Four, the price now being demanded by the US for giving us access to its nuclear
propulsion technology is, it is now becoming ever more clear, extraordinarily high. Not
only the now open-ended expansion of Tindal as a US B52 base; not only the conversion
of Stirling into a major base for a US Indian Ocean fleet, making Perth now join Pine Gap
and the North West Cape – and increasingly likely, Tindal – as a nuclear target …

Australia’s no-holds-barred embrace of AUKUS is more likely than not to prove one
of the worst defence and foreign policy decisions our country has made, not only
putting at profound risk our sovereign independence, but generating more risk than
reward for the very national security it promises to protect.”…………………………………………………………..

September 16, 2024 - Posted by Christina Macpherson | politics