Thursday 13th October 2005
7.00PM ABC TV NEWS With Michael Coggan

In what's been described as an act of political thuggery, the Commonwealth has introduced legislation stripping the Territory of its right to mount a court challenge against a proposed nuclear waste dump. The bill has attracted fierce bipartisan opposition in Territory Parliament, but CLP Senator Nigel Scullion says he'll vote for the legislation despite a previous commitment to cross the floor.

MICHELLE FRASER REPORTS, DAVE TOLLNER, NIGEL SCULLION, CLARE MARTIN, JODEEN CARNEY, LORAINE BRAHAM, PETER ROBERTSON - Environment Centre INTERVIEWED.

REPTR The nuclear dump bombshell was dropped by the Federal Science Minister in an almost deserted Parliament this morning.

NELSON (Speaking in Parliament) AND PART FOUR OF THE BILL PROVIDES THE COMMONWEALTH WITH THE EXPRESS AUTHORITY TO DO ANYTHING NECESSARY OR INCIDENTALLY REQUIRED TO PROCEED WITH THE ESTABLISHMENT AND OPERATION OF A COMMONWEALTH FACILITY.

REPTR But it wasn't without protest. Labor Member for Lingiari, Warren Snowdon, was present to hear the bill being introduced, but not for long, he was thrown out of the Chamber for interjecting.

NELSON (Speaking in Parliament) RECENT STATEMENTS FROM THE NORTHERN TERRITORY GOVERNMENT THAT WILL ATTEMPT TO OBSTRUCT THE PROJECT -

SPEAKER (Speaking in Parliament) THE MEMBER FOR LINGIARI IS WARNED -

SNOWDON (Speaking in Parliament) IT'S OUTRAGEOUS -

SPEAKER (Speaking in Parliament) THE MEMBER FOR LINGIARI WILL REMOVE HIMSELF UNDER 94A.

REPTR Despite promising never to allow a nuclear waste dump in the Territory, both Federal CLP Members Dave Tollner and Senator Nigel Scullion have thrown their full support behind the legislation. They fear the Territory Government would take legal action against the Commonwealth delaying the construction of a nuclear dump. The Commonwealth says a location must be locked in by April otherwise; Australia's ability to produce radiopharmaceuticals would be limited.

TOLLNER WE DO NOT WANT TO BE SEEN AS THE PEOPLE WHO'VE FLUSHED AWAY AUSTRALIA'S CURES FOR CANCER, CARDIAC DISEASE.

REPTR Senator Nigel Scullion will vote for the legislation despite a previous commitment to cross the floor.

SCULLION TERRITORIANS ARE GONNA NEED TO GET ACCESS TO RADIOPHARMACEUTICALS JUST LIKE EVERY AUSTRALIAN. AND WHEN THEY UNDERSTAND THAT THERE IS NO CHOICE IN THIS MATTER I'M QUITE SURE I WILL GET SUPPORT FROM TERRITORIANS.

REPTR But that's unlikely if the response in Territory Parliament was any indication.

MARTIN (Speaking in Parliament) AND THE FEDERAL GOVERNMENT THIS MORNING HAS MADE THE GREATEST ATTACK ON OUR LEGISLATION. HAS MADE WHAT WE DO IN HERE POINTLESS WHEN THEY CAN SIMPLY PUT IN LEGISLATION THAT OVERRIDES US. WE SHOULD BE UP IN ARMS -

CARNEY (Speaking in Parliament) UTTERLY RESIST AND RESENT ANY COMMONWEALTH GOVERNMENT TELLING THE PEOPLE OF THE NORTHERN TERRITORY WHAT TO DO.
BRAHAM (Speaking in Parliament) AND I GUESS MADAM SPEAKER THIS IS ABOUT THE WORST RESULT WE COULD HAVE GOT.

REPTR And the concern extends beyond politics, environmentalists are predicting a mass protest.

ROBERTSON ALREADY IT'S HARD ENOUGH TO GET PROPER ENVIRONMENTAL ASSESSMENTS UNDERTAKEN OF MAJOR PROJECTS ACROSS THE NORTHERN TERRITORY AND TO DO THIS IT JUST SHOWS THAT THE COMMONWEALTH HAS GOT NO INTEREST IN PROTECTING THE ENVIRONMENT.

REPTR The legislation will also remove the Territory's right to conduct environmental assessments of the three sites being considered, two near Alice Springs and one near Katherine.

As you've just heard the Chief Minister has criticised the Commonwealth for its proposal to override Territory legislation. Clare Martin has condemned the bill and she joins us from Parliament House.

CLARE MARTIN INTERVIEWED.

REPTR Chief Minister what are the implications for the Territory in this legislation?

MARTIN MICHAEL THIS IS A DAY THAT THE TERRITORY HAS BEEN BETRAYED AND I DON'T SAY THAT LIGHTLY, BUT WE HAVE. WE HAD AN ASSURANCE FROM THE PRIME MINISTER THAT HE WOULD TREAT THE TERRITORY IN THIS ISSUE WITH RESPECT, THE SAME RESPECT EVERY OTHER AUSTRALIAN WOULD GET. AND WE'VE BEEN SINGLED OUT BECAUSE WE ARE A TERRITORY, BECAUSE THE FEDERAL GOVERNMENT CAN OVERRIDE OUR LEGISLATION. AND REALLY FOR TERRITORY RIGHTS, THIS IS A TRAGIC DAY, THIS IS THE MOST PROFOUND DAMAGE TO TERRITORY RIGHTS THAT WE HAVE WITNESSED IN NEARLY 30 YEARS OF SELF-GOVERNMENT.

REPTR CLP Senator Nigel Scullion said he would cross the floor on this, what do you make of his actions today?

MARTIN WELL WHAT WE'VE HEARD FROM THE CLP REPRESENTATIVES IN THE FEDERAL PARLIAMENT, DAVE TOLLNER AND NIGEL SCULLION, IS DEEPLY DISAPPOINTING TO TERRITORIANS TODAY. FROM TWO REPRESENTATIVES WHO SHOULD HAVE THE TERRITORY'S INTERESTS AS THEIR PRIMARY GOAL, THEY'RE LETTING US DOWN, THEY'RE WALKING AWAY. NIGEL SCULLION HAS THE CAPACITY TO CROSS THE FLOOR IN THE SENATE AND ACTUALLY VOTE THIS LEGISLATION DOWN. AND I THINK TERRITORIANS WILL BE JUDGING THOSE TWO AT THE NEXT ELECTION VERY HARSHLY.

REPTR What do you say to Territory Opposition claims that you could have actually done more to stop this legislation before today?

MARTIN WE HAD NO CAPACITY OTHER THAN ARGUE STRONGLY WITH THE PRIME MINISTER, WHICH I HAVE DONE, TO MAKE CHANGES TO WHAT THE FEDERAL GOVERNMENT HAS SAID. THE FEDERAL GOVERNMENT SAID THAT THEY WEREN'T GOING TO USE THE FACT THAT WE WERE A TERRITORY TO SINGLE US OUT ON THIS, AND THEY HAVE DONE. I AM DEEPLY DISAPPOINTED IN THE PRIME MINISTER OVER THIS AND CERTAINLY, WHAT WE'LL LOOK AT NOW IS ANY LEGAL CAPACITY WE HAVE. I MEAN I DID TELL THE PRIME MINISTER THAT WE KNEW THAT THEY COULD OVERTURN OUR LEGISLATION, WHICH WE HAD IN PLACE TO STOP SUCH A FACILITY BEING BUILT HERE, AND I SAID I RECOGNISE THAT THEY COULD TURN IT OVER, BUT HOPED THAT HE WOULD TREAT THE TERRITORY WITH PROPER RESPECT AND THAT WE WOULD FIGHT IT. THAT TERRITORIANS WERE VERY STRONG ABOUT THIS, AND TERRITORIAN POWER IS VERY TOUGH AND I BELIEVE TERRITORIANS WILL STILL FIGHT THIS DECISION, THIS APPALLING DECISION FROM THE FEDERAL GOVERNMENT.

REPTR Okay thank you very much for talking to us. And the ABC did ask Senator Nigel Scullion to come onto the program tonight but he refused.