Tuesday, 28 November, 2006

by Annabel Stafford, Canberra
The Age

Aboriginal elders may no longer have to be consulted before their land
is turned into a radioactive waste dump under controversial new
legislation set to be passed by Federal Parliament in the next fortnight.

The legislation could clear the way for Aboriginal land to be nominated
for use as a radioactive waste repository without the consent of
traditional land owners - and without consultation of them or other
indigenous people who may be affected.

It will also remove the right to a judicial review or procedural
fairness for parties that oppose a particular site being nominated or
approved for a dump.

The legislation comes amid speculation that the Northern Land Council is
considering a radioactive waste dump at Muckaty Cattle Station in the
Northern Territory.

The Labor Party, Aboriginal groups and the environment lobby savaged the
Government for giving a parliamentary inquiry just a few hours to
investigate the bill. The inquiry was held yesterday evening.

Labor Senator for the NT Trish Crossin said the bill was meant to "block
the rights of traditional owners or others from challenging any
nomination of Aboriginal land for a dump site". It would "absolve the
Government from any responsibility to traditional owners of a site, to
ensure that they agree with it becoming a radioactive dump site and
losing access to it", she said.

Aboriginal Land Councils in the NT are split over the legislation. The
Northern Land Council supports the bill, saying provisions that stop a
site selection being overturned - even if the rules about consulting
traditional owners have not been followed - are no different from
existing arrangements for certain mining leases.

There was "no way" the legislation would allow Land Councils to nominate
a waste site without getting the approval of traditional owners, NLC
representatives told the parliamentary inquiry. Instead it would simply
stop green groups and other parties delaying developments.

But the Central Land Council says the legislation "diminishes the rights
of traditional owners, is a gross abuse of process and must be rejected
in its entirety".

Nationals senator for the NT Nigel Scullion said he was "absolutely
confident" the legislation would not wind back the protections of the
Land Rights Act or requirements to consult traditional owners.