Wednesday, 22 November, 2006

by Natalie Wasley
ALEC, ECNT, NWA

NT community and environment groups have warned a Senate Committee Inquiry that amendments to the Commonwealth Radioactive Waste Management Act (CRWMA) due to be debated in Federal Parliament at the end of this month, would override hard-won rights of Traditional Owners currently enshrined in the landmark NT Aboriginal Land Rights Act.

Submissions made to the Committee from Environment Centre of the Northern Territory, Arid Lands Environment Centre and the Darwin No-Waste Alliance all express strong opposition to the changes proposed earlier this month by Julie Bishop, Minister for Science, Education and Training.

The current CRWMA legislation, passed last December, includes provisions that for a Land Council to nominate a site for assessment for the Commonwealth radioactive waste dump, they must demonstrate evidence of:
- consultation with traditional owners
- that the traditional owners understand the nomination
- that they have consented as a group
- that any community or group that may be affected has been consulted and had adequate opportunity to express its view

Less than one year after the CRWMA was passed, the Government is attempting to further weaken community input into radioactive waste management, with proposed amendments clearly stating that if the above conditions are not met, this does not affect the validity of a nomination.

Natalie Wasley from the Arid Lands Environment Centre notes "the implications of this are extraordinary, as it reduces the former rules of nomination to guidelines, allowing Land Councils to nominate land for a Commonwealth dump irrespective of traditional owner and community opposition and concerns, contrary to their usual, statutory obligations under the Aboriginal Land Rights (NT) Act".

"The legislation also removes the process of procedural fairness, whereby communities could challenge any such nominations. Placing this process outside of the ambit of judicial review is demonstrative of the bullying tactics being employed by the Federal Government to secure a site for its radioactive waste by any means possible, with blatant disregard for the opinions of affected communities", added Emma King from the Environment Centre of the Northern Territory.

"We will be closely monitoring the Senate Committee Inquiry and debate in Federal Parliament in the hope that community opposition to these proposed changes is taken into account. We encourage the Senate Committee to take note of our concerns and recommend that this shameful legislation not be passed", concluded Justin Tutty from Darwin’s No Waste Alliance.