LEON COMPTON:                        There's been a big - well, an announcement expected today that will tell Territorians a little more about whether or not we're to become a dump for nuclear waste from around Australia and, possibly, that that's been exported overseas in the past.

Martin Ferguson is the Resources Minister. He's not spoken on this issue for a long time and, indeed, over the past couple of days our local Labor representatives too have gone to ground. An opportunity to talk with him on news around the Commonwealth Radioactive Waste Management Act today. A longstanding pledge from the Labor Party to repeal that act which would have allowed government of any stripe to force a waste dump on the Northern Territory.

Martin Ferguson, good morning to you. Thank you for talking with us.

MARTIN FERGUSON:                  Good morning, and thank you, Leon.

LEON COMPTON:                        Have you - what have you done today; have you repealed the Commonwealth Radioactive Waste Management Act, as long promised?

MARTIN FERGUSON:                  The Commonwealth Government will introduce legislation this week to repeal the Howard Government's Commonwealth Radioactive Waste Management Act.

I might stress, in terms of the waste, it is not waste arising from the export of Australian uranium overseas. It is our waste, which is also very much related to our ongoing requirement for nuclear medicine in Australia.

Half a million Australians a year have the benefit of nuclear medicine, and we produce 85 per cent of our own domestic requirements.

LEON COMPTON:                        And what about waste that's forecast to be coming back from places like France in the not too distant future? That is waste that will be coming back from overseas.

MARTIN FERGUSON:                  But it's our waste. It goes to the operation of our nuclear reactor, Lucas Heights in Sydney, which is where we produce the medical isotopes. It is the Australian community's waste.

But putting that aside, we will deliver on the Howard Government's Radioactive Waste Management Act, it will be repealed, and we will establish a purpose-built facility for managing Australia's waste.

LEON COMPTON:                        Where?

MARTIN FERGUSON:                  It will be based on a proper process. It includes putting back in place normal procedural requirements going to scientific assessment. The operation of the Environmental Protection and Biodiversity Act. And also, proper regard for the Northern Territory Aboriginal Land Rights Act.

LEON COMPTON:                        Okay. So my question…

MARTIN FERGUSON:                  That means…

LEON COMPTON:                        The question we're trying to understand is where - what site will you be choosing or are you still working on that at this stage?

MARTIN FERGUSON:                  Well, firstly, the three sites selected by the Howard Government will not be pursued, despite the fact that, scientifically, they actually stack up.

We will proceed, firstly with the only voluntary site that we have, and that goes to the Ngapa land with respect to the Muckaty Station. That is a volunteer nomination. And we're required, as an act of good faith and good spirit in accordance with the nomination deed to actually pursue that process.

But I also have a capacity - if I assess that is not a proper site, then open up to a national voluntary site nomination process.

LEON COMPTON:                        So are you eliminating Harts Range, Fishers Ridge, Mount Everard, the three sites on Commonwealth Department of Defence land that were formerly named, and you are now…

MARTIN FERGUSON:                  Absolutely.

LEON COMPTON:                        … operating with one site, and one site only for scrutiny, and that is Muckaty Station?

MARTIN FERGUSON:                  The only site currently volunteered to me is Muckaty Station. It was a volunteer nomination done through the Northern Land Council, and I'm required, in accordance with the deed going to that nomination to explore it in good faith and good spirit.

LEON COMPTON:                        I'm looking…

MARTIN FERGUSON:                  But I also have Muckaty…

LEON COMPTON:                        Minister, I'm looking at a petition now signed by 57 traditional owners of the Muckaty Land Trust outlining their concerns with the plan and asking you not to go ahead with nuclear waste storage on their land.

MARTIN FERGUSON:                  Well, clearly, there are some differences in terms of the Muckaty Land Trust. The trust goes to an agreement with the Ngapa clan, which is part of the Muckaty Land Trust. They have continued to support their nomination and has the full support of the Northern Land Council.

But can I also say that, in addition to the proper regulatory processes going to heritage, environmental consideration and scientific consideration, in determining this matter, the bill requires that any nomination to me by any land council, including the Northern Land Council, must provide evidence that the nomination was determined in accordance with the act. And that means, effectively, that those people have been due process, through the normal operation of the Aboriginal Land Rights Act in the Northern Territory, leading up to the nomination of the Northern Land Council.

The Northern Land Council is going to have to prove that it's been done in accordance with the law of the Northern Territory.

LEON COMPTON:                        Just to be clear, Minister, the process then is this, you're repealing the Commonwealth Radioactive Waste Management Act?

MARTIN FERGUSON:                  Yes.

LEON COMPTON:                        You are now looking at one site for nuclear waste storage in Australia, and one site only. That is Muckaty station. And the process will continue from there.

When are you expecting to make a decision?

MARTIN FERGUSON:                  This will be a long drawn-out process because it involves a variety of requirements legally. Firstly, the voluntary site that I currently have - and it is a national process. If I assess that this is an appropriate site - firstly, requires proper independent scientific investigation and a report to me.

If we then determine that it's appropriate, scientifically, there will be a full environmental assessment by the Minister for the Environment, again at arms length to me.

But all the normal regulatory requirements, environmentally - as happens with any proposed development in Australia.

Thirdly, we also have to continue to engage in accordance with the [indistinct] through the Northern Land Council with the Ngapa people and, I might say, have proper discussions with the Northern Land Council with other people who are affected by the nomination - which goes to potentially some of the other clans who are party to the Muckaty Land Trust.

LEON COMPTON:                        The point is though if the science is good, and suggests that it can be stored safely at Muckaty Station, it would seem that you will look no further.

MARTIN FERGUSON:                  If the science stacks up and if it meets environmental approvals, but thirdly and more importantly, it attains the necessary approval from the Ngapa people, through the Northern Land Council, then it will potentially be at the appropriate site.

LEON COMPTON:                        And so Martin Ferguson, this is important then for Territorians to understand - the significance of today is that we are significantly closer in the Northern Territory to hosting the nation's nuclear waste.

True or false?

MARTIN FERGUSON:                  No. The significance of today is that we've put back in place the normal legal processes that apply to any selection of the radioactive waste disposal repository in Australia.

It is a rights-based approach from a scientific, environmental, and community point of view. The potential site in the Northern Territory is on Ngapa land. But there will only be a site in the Northern Territory if we meet all the normal regulatory proposals, the requirements that apply to any other major proposal I have to consider as the Minister for Resources and Energy, be it a mine, an LNG plant, or whatever.

There will be nothing different to all the normal regulatory requirements.

I might say it's probably no different to the proposal of the Northern Territory Government to build a uranium mine 20 kilometres south of Alice Springs.

LEON COMPTON:                        But the point is that the only site that you're looking at this stage is in the Northern Territory. That's the significant part.

MARTIN FERGUSON:                  The bill recognises that the only volunteer nomination I have to date is that from the Ngapa people.

LEON COMPTON:                        So if no-one else - the point is if no-one else volunteers, and we've seen the science previously suggest that South Australia was the correct place, or the best place on science for this nuclear waste storage, so assuming that the other states will use their powers - as South Australia has done - to say no, then at this stage we're dealing with one site. And it's Muckaty Station.

MARTIN FERGUSON:                  But I'll also have an opportunity for land councils at a point to nominate alternative sites to me on their land. But in terms of where we go forward, the most important issue is we've delivered on our election commitment.

The Howard Government legislation will be repealed, and we have knocked out the three sites which were not volunteered by the community, but determined by politicians in Canberra.

Any end result will effectively be based on the normal law of the land in terms of procedural fairness, the rights that were stripped away by the Howard Government, the rights that Territorians complained about long and hard and we have listened to them and we have restored those rights.

LEON COMPTON:                        Will you appreciate that many people listening to this interview will understand the significance of today is that it would seem that nuclear waste is more likely, on this announcement, to be coming to the Northern Territory?

MARTIN FERGUSON:                  The Australian community, perhaps more importantly in my opinion, including Territorians, will breathe a sigh of relief that a process started in 1988 has to be bought to an end point.

And that's because we as a community want the benefit of nuclear medicine.

Half a million Australians per year benefit from nuclear medicine. And this waste is already stored at Darwin Hospital and in 100 ill-thought-out storage units around Australia at the moment, in hospitals and universities.

And we also have to correctly manage the waste that has been taken overseas for reprocessing which fuels the nuclear reactor at Lucas Heights that gives us the benefit of nuclear medicine.

LEON COMPTON:                        Okay. Minister - we have to leave it there. There will be plenty more discussion on this issue, hopefully with you in the days and weeks to come. Thank you for talking to us this morning.

MARTIN FERGUSON:                  Thanks very much Leon.

LEON COMPTON:                        Martin Ferguson, the Federal Resources Minister. Be interested in your feedback on the issue of nuclear waste. Do you think it's more or less likely to be coming to the Northern Territory based on that. What do you make of comments today in news today that the Radioactive Waste Management Act will be repealed?