Groundhog Day: New NT dump law fails to restore rights
Beyond Nuclear Initiative
Media Release
The Beyond Nuclear Initiative (BNI) in the Northern Territory has condemned the National Radioactive Waste Management Bill introduced by Minister Martin Ferguson today as draconian and in breach of Labor's election commitments.
BNI spokesperson Natalie Wasley says the new Bill fails to restore fundamental rights suspended by the former Howard Government's Commonwealth Radioactive Waste Management Act (CWRMA). The new laws can be used to impose a nuclear waste dump in the NT against the wishes of both Aboriginal landholders and the NT Government.
BNI is particularly concerned that provisions of the CWRMA which suspend procedural fairness and administrative law rights will still apply to the contested nomination of Aboriginal land in the Muckaty Land Trust.
BNI coordinator Natalie Wasley said, "Minister Ferguson’s failure is now plain to see. Labor promised an open and transparent process for dealing with nuclear waste ‐ but has only recycled previous, flawed legislation".
"Under Minister Ferguson’s legislation, site nominations by Land Councils will remain legitimate, even if their consultation process has not complied with the Aboriginal Land Rights (Northern Territory) Act 1976. Minister Ferguson has the power to ride roughshod over all State and Territory laws, along with Aboriginal heritage protection and environmental protection legislation when establishing a dump".
"The final section of this Act stipulates that nominations made under Howard’s laws will continue to be subject to provisions of the CWRMA, excluding Traditional Owners from the meagre protections granted by the new legislation such as procedural fairness rights and the full operation of the Administrative Decisions (Judicial Review) Act 1977".
"In opposition, Labor called the CWRMA sordid and draconian. They strongly criticised the nomination at Muckaty. How can Labor members now justify support for the imposition of a dump at Muckaty using Howard's powers?"
"Saying this new Bill restores rights to affected communities is blatantly deceptive. We call on Federal members of parliament to stand up for their constituents and join the growing fight against Minister Ferguson's plan to bulldoze a nuclear dump onto Muckaty station," Ms Wasley concluded.