Australian news, and some related international items

Kimba community groups need to pose these hard questions to Ministers Madeleine King and Ed Husic, and to ANSTO ARWA and ARPANSA

In order to establish fully and properly the breaches by the federal government as to its Kimba nuclear installation, community group opposing the installation proposals need to immediately send out this formal request to the various persons and organisations listed below

Formal requests for Kimba proposals:

  1. What are the earthworks being carried out or planned in connection with
    the government’s proposed nuclear waste facility
  2. Are these earthworks confined to the Napandee farm site
  3. If not what other land in the Kimba region is affected by the earthworks
  4. How much actual physical work has been carried
  5. By whom and how was this work authorised
  6. Was any licence issued by ARPANSA for his work
  7. If not and why not as is required by the guidance codes and standards of
  8. Was a progressive safety case started for these earthworks
  9. If not how was the work justified without community consultation and
  10. How have the environmental aspects of these earthworks been dealt with
  11. Have there been any environmental studies done
  12. Has the community generally been consulted on the environmental studies
    or referrals
  13. Will the community be involved by consultation as to all aspects of the
    earthworks as to the environmental implications

PLEASE immediately provide:
• the plans and other details for for the earthworks
• the environmental studies and assessments for this work
• any licences or applications for licences
• a full copy of the environmental referral

This list of requests should given to:
Hon. Madeleine King Hon. Ed Husic as the responsible ministers
The chief executive officers of ARWA ANSTO and ARPANSA
Meghan Quinn PSM as the Secretary of the Department of Industry, Science,
Energy and Resources
Andrew Metcalfe AO as the Secretary of the Department of Agriculture, Water
and the Environment

September 22, 2022 Posted by | Federal nuclear waste dump, politics, South Australia | Leave a comment

Greens Senator Barbara Pocock calls on the Federal Government to suspend work on South Australian nuclear waste site

Call to suspend work on SA nuclear waste site InDaily , Stephanie Richards, 20 Sept22, The Barngarla Determination Aboriginal Corporation in December applied for judicial review in an attempt to thwart construction of the controversial radioactive waste storage facility at Napandee near Kimba on the Eyre Peninsula, arguing they weren’t properly consulted before the site was selected.

Despite the active legal challenge, the Federal Court was told in June that the government had already approved plans to begin earthworks.

That prompted South Australian Greens Senator Barbara Pocock to last week write to federal Resources Minister Madeleine King asking her to commit to suspending all preparatory work and construction at the site pending the outcome of the court proceedings.

“The Barngarla people are unanimously opposed to the waste dump,” she wrote in the letter, seen by InDaily.

“The site is an important part of their culture and heritage, yet they were not consulted on the proposal.

“In light of the Barngarla opposition and lack of consultation, I write to ask that you commit to suspending all preparatory work and construction in relation to building the waste dump at Napandee, pending the outcome of the current judicial review and court proceedings underway.”

……………………….new information released by the federal government reveals it is spending three times more than Barngarla Traditional Owners fighting the project in the Federal Court.

In response to a question on notice lodged by Pocock, the government stated that between December and July, it had spent $343,457.44 on legal fees.

That compares to the approximate $124,000 spent by the Barngarla Determination Aboriginal Corporation over the same period.

The Native Title group estimates that the total cost incurred by the federal government would run into the millions.

Pocock said the disparity between the spending was “disproportionate and just unfair”.

“This is a David and Goliath case,” she said.“The spend so far shows that the government is doing all in their power to minimise the voices and traditional rights of the Barngarla people.”…………….

The Napandee site was selected by the former Morrison Government in November last year, with then Resources Minister Keith Pitt saying the government had secured “majority support” from the local community after more than “six years of consultation”.

But Barngarla Traditional Owners opposed the project and argued they were not included in the consultation.

South Australian Labor has long called for Barngarla people to have the right to veto the project, with Premier Peter Malinauskas telling ABC Radio Adelaide this morning that the state government had expressed its views to the federal government…………..

September 22, 2022 Posted by | AUSTRALIA - NATIONAL, Federal nuclear waste dump, politics | Leave a comment

Barngarla people say NO to a nuclear waste dump

NITV – The Point, September 18, 2022)

September 17, 2022 Posted by | aboriginal issues, AUSTRALIA - NATIONAL, Federal nuclear waste dump | Leave a comment

South AustralianPremier backs traditional owners in saying no to nuclear waste facility.

Above” Barngarla traditional owner, Linda Dare with the Minister for Aboriginal Affairs, Kyam Maher, Premier Peter Malinauskas, and Barngarla traditional owner, Daw Taylor. Picture: Jason Bilney, Chairman of Barngarla Determination Aboriginal Corporation

Extracts Adelaide Now, 15 Sept 2022, Premier Peter Malinauskas has thrown his support behind traditional owners trying to stop a nuclear waste facility being built on Native Title land near Kimba on the Eyre Peninsula. On Thursday, during the state government’s country cabinet tour, the Premier said he supported the Barngarla people who have been fighting to stop the proposed project…

Mr Malinauskas said though his government did not have the power to stop the project, he did support the Barngarla people and their cause, and would use his position to influence the Labor federal government.

“Ultimately, the nuclear waste facility is a matter for the federal government,” he said.

“However, the state government’s position is that the local Indigenous community should have the opportunity to have a veto on this proposal. “While the state government doesn’t necessarily have the legislative ability to act, the government does have the ability at a political level to raise concerns where relevant.” …

Chairman for BDAC, Jason Bilney, said it was good to see Mr Malinauskas backing the Barngarla people and hoped the federal government would do the same. …

It’s about the Statement from the Heart, truth-telling, and having a voice for First Nations people to be heard.

“It’s our country, we’ve been here for over 60,000 years and it’s about having us at the table and listening to First Nations voices, especially when we don’t want a nuclear waste dump on our country.”   

September 15, 2022 Posted by | Federal nuclear waste dump | Leave a comment

One legal win for Aboriginal people in South Australia gives hope to the Barngarla people who are fighting the Kimba nuclear waste dump plan

Nuclear waste site in spotlight following Barngarla court win, Traditional Owners say they fear the destruction that an accident at the waste dump could cause to Country.

By Keira Jenkins, Source: The Point,, 6 SEP 2022,

Barngarla Traditional Owners are fighting for access to a number of federal government documents regarding the proposed nuclear waste facility near Kimba, South Australia.

The Barngarla Determination Aboriginal Corporation (BDAC) and its lawyers have requested the documents that the federal government relied on to choose the 900 hectare site more than 400 kilometres north-west of Adelaide

The argument over the documents is part of a federal court challenge launched by Barngarla people.

Jason Bilney is the chair of the BDAC. He told NITV Barngarla people were not properly consulted about the facility, and were excluded from a community ballot.

“It’s very disrespectful, very hurtful to my people as a community and to my past and present Elders,” he said.

“It’s a disgrace.”

After the Supreme Court overturned authorisation to drill on South Australia’s Lake Torrens last week, Barngarla people are hopeful their fight can lead to protection for the Kimba site as well. 

Mr Bilney is joined in the fight against the facility by Lez and Dawn Taylor, who grew up in Kimba.

Standing at the site, which has been fenced off, Dawn Taylor said she’s deeply upset that nuclear waste could be stored on this Country……………………………..

Government officials didn’t talk to the Barngarla people for the study.

Barngarla Elder Harry Dare said the Traditional Owners of the Country should have been involved in this study.

“We know what’s on our Country, they choose not to let us go and have a look at that Country but we already know what’s out there,” he said.

‘I still feel strong’

But regardless of what has occurred up to this point, Jason Bilney said Barngarla people will continue to fight for their Country.

“[The government] think they’re going to put [the facility] there, they’ve still got a long drawn out process and for any government, it doesn’t look good to go against First Nations people,” he said.

“I still feel strong, I still feel proud to keep up this fight for our people, being up there and doing it for our community.

“It has taken its toll for a lot of our family. It’s sad but we’ve got to keep going.”

Barngarla woman Linda Dare said she hopes this fight means the voices of her people will be heard.

“We want them to stop what they’re doing, we want them to listen to us and hear us, take the time to sit down and listen and talk to us not disrespect us and put waste up on our Country,” she said.

September 6, 2022 Posted by | aboriginal issues, Federal nuclear waste dump, South Australia | Leave a comment

Is the Australian government aware of the human rights implications of the ill-chosen Kimba nuclear waste dump plan?

Peter Remta 3 Sept 22, Dr Marcos Orellana being the special rapporteur mandated as to the human rights
implications of toxic and nuclear waste is gravely concerned about the Australian
government’s proposals for Kimba which have been heightened by refusing his
proposed visit to Australia and the production of all appropriate documents.

In view of this I understand that he will be reporting the situation to the United Nations
Human Rights Commissioner which in turn will bring it before the full body of the United
Nations and may I add that this is being done with a view to embarrassing Australia at
the behest as I predicted of many of our Pacific islands “friendly” neighbours

What is interesting about the Kimba situation for the special rapporteur is that it does
not involve the rights of a minority group but covers the entire general community of the
region and that from information gained by him a large majority of South Australia’s
population is strongly against the federal government’s proposals for nuclear waste
management in that state.

Put bluntly this is the end of the Kimba proposal as in light of the foregoing IAEA and
other international bodies will prevent any licensing or other progress with the
government’s proposals with the appropriate public criticisms for justification.

There must be something clearly afoot as I understand that some European human
rights lawyers are already looking at possible actions within appropriate human rights
courts in Europe against the Australian government which invariably have a very low
standard of proving a successful claim.

My educated guess would be an award of €500 million against the Australian
government which again is another outgoing it can ill afford
I wonder how much of this is known by the federal government particularly at
ministerial level.

September 3, 2022 Posted by | aboriginal issues, AUSTRALIA - NATIONAL, Federal nuclear waste dump | Leave a comment

The Australian nuclear lobby’s embarrassing claim about Kimba nuclear dump plan and nuclear medicine.

Peter Remta 3 Sept 22, Apparently the Australian government has instructed its Geneva legation to inform both the special rapporteur and the Human Rights Commissioner’s office that any attempts to stop Kimba will lead to a disastrous world shortage of nuclear medicine which will predominantly affect third world countries including the Pacific island nations.

What a great diplomatic masterstroke!

This gets better than Days of our Lives as the latest claim is that the opponents of the Kimba proposals are being financed by the overseas competitors to ANSTO in producing nuclear medicine

ANSTO has still failed to explain that the nuclear medicine being produced by it is becoming obsolete since the medical profession worldwide is turning away from it towards cheaper and above all far safer alternatives.

One of the major failings by the government in promoting the Kimba facility is that it never explained the true and unsafe nature of reactor generated nuclear medicine to the community with former Minister Keith Pitt being the main culprit.

No wonder ANSTO is now turning towards cosmetics as its main undertaking.

September 3, 2022 Posted by | AUSTRALIA - NATIONAL, Federal nuclear waste dump, spinbuster | Leave a comment

Refuting the nonsense by Sam Usher of the Australian Radioactive Waste Agency in favour of dumping nuclear waste at Kimba, South Australia

Mr Sam Usher

Chief Executive Officer

Australian Radioactive Waste Agency 

Dear Mr Usher

I am amazed at the rather unconvincing and inaccurate comments bordering to some extent on outright silliness in your letter in the Sunday Mail of 14 August 2022 regarding the safety of the proposed nuclear waste facility at Kimba 

While  you claim that it will be a highly engineered and purpose-built facility the simple fact remains that it will struggle to get the necessary licences for its construction and operations since it fails to meet the basic prescriptions of the International Atomic Energy Agency (IAEA)

To begin with the location chosen for the facility is completely unsuitable as it is in the heart of prime agricultural land which will undoubtedly have a devastating economic and social effect on the region 

What is more the whole environmental and geophysical setting of the Kimba region is completely inappropriate for the facility adding to the unsafe nature of the proposal

This situation will only be exacerbated by using an above the ground structure particularly with regard to the intermediate level waste which even for temporary storage should be geologically buried as the safest possible option 

Considering that you speak of our country’s national interest most of your letter is confusing in its meaningless management speak and fails to provide any proper and accurate information mainly for the local community but generally for the Australian  population 

Your mention of the regulatory aspects of the nuclear industry in Australia is simply unconvincing when despite numerous requests the federal government has failed to give the Kimba community the technical and monetary assistance so that it can have its own independent assessment of the government’s proposals 

Perhaps the most blatant failings by the federal government are that it has never developed a progressive safety case for the local community which is considered an undisputed necessity by international requirements and best practices and the persistent refusal to provide the community with the inventories of the radionuclides for the intermediate level waste intended to be stored at Kimba 

You should in your capacity be well aware that the safety case must be started when a particular location is first considered for any form of nuclear installation and must fully involve the local community at the outset on a continuing basis so that it is kept properly informed of all aspects of the installation’s development 

However the conduct and actions by the federal government in all its capacities including the so-called independent regulator in ARPANSA with regard to establishing the nuclear waste facility at Kimba are nothing short of disingenuity  tantamount to a deprivation of human rights 

Your letter stemmed from the fact that your Agency did not include any information on the transport of nuclear waste to and from Kimba in its environmental referral and study for the facility 

Unless you mean that there is radioactivity in everything on this planet then your claim that nuclear or radioactive material has been transported safely around Australia for sixty years is simply wrong  –  perhaps you should tell me where most radioactive material is currently being transported within Australia excluding the uranium mines and I will then give you my answer

If your comments are not enough I understand from a relatively reliable source that you are now pushing the federal government to refuse a visit by the UNHCR special rapporteur mandated for nuclear waste and provide him with any pertinent information

I write of course with the knowledge and experience of the Azark Project facility at Leonora which in all respects including its relationships with and support by leading international experts on nuclear waste and the design and planning of the facility which is regarded as probably the best in the world and is light years ahead of the imprecise and grossly unacceptable efforts by the federal government and its various entities including your yet to be constituted agency 

All I need to say is that you and your bureaucratic colleagues should stop playing your childish games clothed in sheer ignorance for Kimba – and in this I include ARPANSA – before you recklessly plunge its region into some nuclear disaster which will be completely beyond your competence and control

Yours sincerely 

PETER  REMTA 23 August 2022

Letter from Sam Usher Letter to the Editor Sunday Mail August 14th 2022

Nuclear Safety

I write in relation to “Alarm on nuclear waste transport” (Sunday Mail July 31st).

The National Radioactive Waste Management Facility will be highly engineered and purpose built, consistent with international best practice and Australia’s national interest.

It will safely and securely manage Australia’s radioactive waste, and protect heritage and environment during construction and operation.

There is no one application you can make to site, construct and operate the NRWMF in Australia.

Multiple applications are expected and have been prepared for across many years.

In line with this, there is an environmental application which relates to the construction, operations, decommissioning and closure stages.

The safe packaging for transport, and the routes will be assessed.

Subject to the highest of regulatory and safety standards, radioactive material has been safely transported around Australia and the world for about 60 years. The nuclear industry is, quite rightly, one of the most regulated in Australia, and we recognise and appreciate the role of regulators.

SAM USHER, Australian Radioactive Waste Agency  chief executive officer 

August 25, 2022 Posted by | AUSTRALIA - NATIONAL, Federal nuclear waste dump | Leave a comment

Traditional owners seek documents in nuclear dump case

The Transcontinental. By Tim Dornin, August 15 2022 ,

Traditional owners have asked for wide-ranging access to federal government documents as part of their efforts to block the construction of a nuclear waste dump in South Australia.

The Barngarla Determination Aboriginal Corporation is engaged in Federal Court action seeking to stop the proposed dump at Napandee, near Kimba on the Eyre Peninsula.

On Monday their lawyers outlined the reasons why the government should hand over a considerable volume of material it relied on in choosing the site and in preparing supportive legislation.

Some of the most contentious material related to correspondence the applicants contend must have taken place between then resources minister Keith Pitt and his department.

Others related to commitments the previous government made not to impose the dump on an unwilling community.

But the Commonwealth argued the Barngarla had been given a “complete record of the decision-making process” and what was being asked for went far beyond an orthodox judicial review.

“They should focus their efforts upon minister Pitt’s conduct rather than essentially seeking to have a royal commission into the cacophony that surrounds the drafting of legislation and the announcement of particular political decisions,” the court was told.

Justice Natalie Charlesworth indicated she was mindful to allow discovery of some of the material, regarding it relevant to the case.

However, she asked the parties to negotiate further to potentially narrow the scope of the documents being sought, particularly in two of the seven categories outlined.

Justice Charlesworth also cautioned that while production of the documents might be ordered, whether or not they proved admissible in the substantive case, now likely to be heard in March next year, was yet to be determined.

The case will return to court next week.

The Barngarla launched their action last year seeking to overturn the coalition government’s decision to develop the dump by quashing the ministerial declaration.

The corporation also recently wrote to new Prime Minister Anthony Albanese urging him to scrap plans for the dump.

It said the previous federal government had tried to silence the traditional owners at every turn, denying their right to participate in a community ballot to gauge local support for the site.

The corporation said the coalition also refused access to the land to undertake a proper heritage survey and tried to remove its right to judicial review.

Ahead of Monday’s hearing, Barngarla chairman Jason Bilney said it was hoped the new federal government would quickly realise how badly the former government handled the project.

“We fought 21 years to win our native title and if we have to fight 21 years to stop this nuclear waste dump damaging our country, then we will have to do it,” he said…… more

August 16, 2022 Posted by | aboriginal issues, AUSTRALIA - NATIONAL, Federal nuclear waste dump, legal | Leave a comment

Alarm on nuclear waste transport

Clare Peddie, Sunday Mail 31 July 2022, Rural 1st Edition p.22

A DECISION to exclude the risks of shipping and trucking intermediate-level radioactive waste from the environmental impact assessment of the planned Kimba nuclear waste dump has riled MPs, experts and Whyalla locals.

Independent environment campaigner and consultant David Noonan said Whyalla was the only port in the region with the infrastructure to take the 110-tonne casks the waste would be shipped in.

Mr Noonan wrote to the federal government in June demanding an explanation for excluding shipping and transport of ‘waste residues from reprocessing spent research reactor fuel’ from the EIS.

‘It is nonsensical and contrary to the public interest,’ he said. ‘It is just not credible to claim a later separate referral and assessment can somehow cover (it) … after the dump has been pushed through.’

Environment Department assistant secretary Kylie Calhoun said separating the transport issue would result in a ‘better-informed assessment of (it) at a future point in time.’

South Australian Greens senator Barbara Pocock said that was an ‘unacceptable’ position.

State Giles MP Eddie Hughes called for a ‘round-table dialogue about the responsible long-term disposal of our domestic long-lived intermediate waste, not moving it from one interim site to another’, given it ultimately required ‘deep geological disposal’.

Nuclear industry expert and author Ian Lowe, an adjunct professor at Flinders University, said the ‘serious’ transport risks deserved proper scrutiny and consultation.

Whyalla resident Andrew Williams has raised his concerns with the council.

Mr Williams said he firmly believed the transport routes should be publicly disclosed and subject to extensive consultation.

July 31, 2022 Posted by | AUSTRALIA - NATIONAL, Federal nuclear waste dump | Leave a comment

Labor should halt plans to dump nuclear waste on South Australia – Greens Senator Barbara Pocock.

29 July 2022

Greens Senator for SA Barbara Pocock has called on the Albanese Labor Government to abandon plans to dump nuclear waste on South Australia, after it was revealed the environmental impact statement won’t consider shipping and transport routes for the toxic waste.

The latest concerns have arisen while the Traditional Owners of the selected waste dump site at Kimba on SA’s Eyre Peninsula were visiting parliament this week. The Barngarla people were not consulted before the site was selected and are in the midst of a Federal Court battle opposing the dumping of waste on their traditional lands. They were in Canberra asking the new Minister to listen to them and halt the plans of the Morrison Government.

Senator Pocock said:

“The Albanese Labor Government should stop the pursuit of the Morrison Government’s plans to dump on SA.

“If this dump goes ahead, radioactive waste will be transported through South Australia’s regional roads, streets and waters for decades to come, yet these towns and cities – and most South Australians – have never consulted.

“Now it’s also clear the new government has no plans to consider the environmental impact of the shipping and transport of the waste throughout our state. This is unacceptable.

“This week I met with the Barngarla People who were again in Canberra pleading for the government of the day to listen to them.

“The Labor Party continues to talk about giving First Nations People a voice to the parliament yet is failing to listen to their voices right now, on a current issue. The Prime Minister is addressing the Garma Festival on implementing the Statement from the Heart this weekend. His words will be hollow if his government does not listen to the voice of the Barngala people and instead pursues the radioactive waste dump rejected by Traditional Owners.

“The Greens will fight to ensure that all South Australians have a say about this dump and we will keep listening to the voice of the Barngarla people who, to a person, oppose this dump.”

July 30, 2022 Posted by | AUSTRALIA - NATIONAL, Federal nuclear waste dump, politics | Leave a comment

Scientist sheds doubt on the viability of Australia’s planned Kimba nuclear waste dump.

Peter Remta 7 July 22, This is the comment by the scientific expert who has been  responsible for Australia’s only two nuclear waste  management facilities and is often asked by ARPANSA for  advice .

There was an oblique reference to aerodynamic surveys in  the characterisation reports by AECOM.  

I have no idea why they would be doing this now.

This is the kind of survey that would be undertaken prior to  selecting a site to identify prospective geology and avoid areas of commercial mineralisation that would be sterilised  by siting a radioactive repository. It smacks to me of  someone with a bottomless budget to spend or be lost. 

As a consultant advising a client on site evaluations on a  regular basis, I do my best to minimise the extent of work  done to only that which is required and will provide  important supporting information, as such survey work is  costly. 

A good comparison is Deep Isolation from California  which apparently has raised USD$35 million but most overseas experts  regard its technology as old hat and not really workable and above all not safe


July 7, 2022 Posted by | AUSTRALIA - NATIONAL, Federal nuclear waste dump | Leave a comment

Kimba nuclear waste dump – phase 3 in progress, but the Australian Radioactive Waste Agency (ARWA) has not completed phase 2 !

Peter Remta. Timeline for development of Kimba facility 6 July 22.

Out of interest this is the timeline produced by the Australian Radioactive Waste Agency (ARWA) showing where the progress of the Kimba nuclear waste facility development was as at 16 March 2022.

From this timeline it appears that the government is already into phase 3 of the Kimba development but this is completely false as it has still not completed phase 2 in accordance with the prescriptions of its official nomination guidelines issued in November 2016 and titled Radioactive Waste Management Land Nomination Guidelines.

July 7, 2022 Posted by | AUSTRALIA - NATIONAL, Federal nuclear waste dump | Leave a comment

Earthworks approved for nuclear waste dump despite opposition from traditional owners, court hears

Barngarla traditional owners vie to overturn federal government’s decision to develop site near Kimba in South Australia

Australian Associated Press, Wed 15 Jun 2022 

Traditional owners attempting to block the construction of a nuclear waste dump in South Australia have told a court the federal government has already approved plans to begin earthworks, despite an active legal challenge.

The Barngarla Determination Aboriginal Corporation applied for a judicial review of the project in December, and a directions hearing was held in the federal court in Adelaide on Wednesday.

Legal argument will be heard in July ahead of a substantive hearing, most likely before the end of this year. The court was told that there were plans to begin earthworks at the Napandee site, near Kimba on SA’s Eyre Peninsula, before September…….

Justice Natalie Charlesworth asked that sufficient notice be provided to allow time for the court to hear applications to halt the works. Charlesworth said such notice would avoid the need for an urgent hearing.

“What I would like to avoid is what I might call a pyjama hearing where it’s called at midnight and we all come in here in our pyjamas and we have an unnecessarily urgent argument,” she said.

The Barngarla are seeking to overturn the Coalition government’s decision to develop the site by quashing the declaration of former resources minister Keith Pitt.

The corporation also wrote to the prime minister, Anthony Albanese, and the resources minister, Madeleine King, a week after the federal election, urging them to scrap plans for the dump.

It said the previous federal government had tried to silence the traditional owners at every turn, denying their right to participate in a community ballot to gauge local support for the site.

The corporation said the Coalition also refused access to the land to undertake a proper heritage survey and tried to remove its right to judicial review.

“Although we appreciate all that Labor have done in opposition, the Barngarla people unequivocally make it clear that we request that the new Labor minister revoke the declaration or consent to the orders quashing the declaration,” it wrote in its letter to Albanese.

The Labor government has given no indication that it would take a different view on the matter than the previous administration.

June 16, 2022 Posted by | aboriginal issues, AUSTRALIA - NATIONAL, Federal nuclear waste dump, legal | Leave a comment

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 | Leave a comment