Nuclear site knocked back
A federal court has ruled against the government's plan to build a nuclear waste facility near Kimba in South Australia.
The facility was intended to store low and intermediate level radioactive waste, but the Barngarla traditional owners argued that it would interfere with a sacred site and that they were not adequately consulted prior to its approval in 2021.
Justice Natalie Charlesworth has found that there was apprehended bias in the decision-making process and set aside the federal government's declaration of the site.
While she also identified an error of law, she concluded that it did not have a substantial impact on the outcome. The ruling has cast doubt on the future of the project, leaving its fate uncertain.
The Barngarla people celebrated the court's decision, with Jason Bilney, chairman of the Barngarla Determination Aboriginal Corporation, describing it as a “David and Goliath” battle.
Federal Minister for Resources Madeleine King acknowledged the court's finding and stated that the government would review the decision in detail.
The legal costs associated with the case are yet to be determined, and it remains to be seen whether the government will appeal the ruling or seek an alternative location for the nuclear waste facility.
The project had sparked controversy, with opponents expressing concerns about the potential destruction of sacred sites and the lack of consultation with traditional owners.
Supporters highlighted the economic benefits for the community and the need for a dedicated nuclear waste storage facility.
With the future of the project now uncertain, attention may turn to finding alternative solutions for managing Australia's radioactive waste.
The ruling provides an opportunity for discussions on responsible waste management and the development of more sustainable approaches.
Nuclear-related issues are likely to stay on the agenda, especially given the recent AUKUS nuclear submarine deal and discussions on domestic nuclear power.