THE NT Government is considering a legal challenge to a nuclear waste facility being built in the Territory.

Chief Minister Clare Martin said lawyers were investigating if the move was constitutional.

A legal challenge could cost millions of dollars. Ms Martin said the best way to stop the waste depository being built near Alice Springs or Katherine was for CLP Senator Nigel Scullion to vote against the Federal Government.

The Government has a majority of only one in the Senate and a defection by the Territory Senator would probably kill the law.

But Senator Scullion has said he will not vote against the Government, despite saying several times in the past three months that he would ``cross the floor''.

The CLP is frightened of trying to tell its two Canberra representatives how to vote over the nuclear facility, it was learned last night.

The party suffered damaging criticism when it dumped long-serving Senator Grant Tambling for voting against internet gambling.

The fallout is believed to have contributed to the CLP's loss to Labor in the 2001 NT election.

Solomon MHR Dave Tollner who has come under fire for refusing to vote against the siting of the waste depository in the NT, said he had not been contacted by party bosses.

``There has been a clear division between the parliamentary wing and the party machine since the Tambling affair,'' he said.

But Mr Tollner said he had been in close contact with CLP leader Jodeen Carney.

``We're all disgusted. But we must be rational. We can't stop it,'' he said.

Mr Tollner is to introduce an amendment in Parliament go give the NT Government and indigenous groups a say on where the nuclear waste facility is sited.

But the NT Government and Aboriginal organisations said they don't want the nuclear waste storage facility at any cost.