MARK COLVIN: There could be a legal challenge to the Federal Government's plans for a nuclear waste dump at Muckaty Station in the Northern Territory. A group of traditional owners of the cattle station, north of Tennant Creek, have nominated their land for the dump and the Federal Government is assessing the site.

But a Sydney-based lawyer and former Labor candidate, George Newhouse, says other Aboriginal traditional owners are incensed that their voices haven't been heard.

Lindy Kerin reports.

LINDY KERIN: Muckaty Station lies 120 kilometres north of Tennant Creek. Back in 2007, the Ngapa traditional owners nominated the site for a national radioactive waste dump. But members of four other clan groups on the Muckaty land don't want the facility.

DIANNE STOKES: First time when I heard about the waste dump's going to be resided in, in the proposed area, I felt sad. I thought I was fighting myself. 

LINDY KERIN: That's traditional owner, Dianne Stokes, from the Yapa Yapa group. She spoke at a rally against the nuclear waste facility held at Tennant Creek on the weekend. Her comments have been posted on the internet by a community group campaigning against the dump.

DIANNE STOKES: We were supposed to be consulted when they were talking about the waste dump before and we have to stand up and say that we don't want the waste dump. 

I don't care what they say, I know I've got a bad name, people call me this and that but I'm proud of what I'm standing for. I'm standing for nuclear waste dump. And I need myself to be very strong and be very strong to hold it and to say that we don't want the waste dump in Northern Territory and in Muckaty. 

LINDY KERIN: Dianne Stokes and other traditional owners of the area are now considering legal action against the Federal Government which is in the process of assessing the Muckaty site. They've enlisted the help of Sydney-based lawyer, George Newhouse, who was also at the Tennant Creek rally.

GEORGE NEWHOUSE: People were incensed about the proposal. They were incensed about the way they weren't consulted and they were incensed about the fact that they had not given their consent to this project and they were very concerned about the way the whole issue had been handled and they instructed us to look at their legal remedies. 

LINDY KERIN: George Newhouse says the relevant land at Muckaty Station is the shared responsibility of several clans and family groups. He says there are serious questions about whether the body representing traditional owners, the Northern Land Council, has consulted all of those entitled to speak about the proposed site. 

GEORGE NEWHOUSE: The evidence that we gathered over the weekend indicated that the traditional owners and the people with a direct spiritual connection to the site had not been contacted and had not given their consent. 

If you've contacted the wrong people, if you've gone around the people with the close connection to that site and they don't really want it, then you can't say that this is a site that people want, a nuclear waste site that the people want on their land.

LINDY KERIN: Gerry McCarthy is the Northern Territory Labor member for the seat of Barkly which includes the Muckaty site. He says the traditional owners have also raised their concerns with him.

GERRY MCCARTHY: They are basically calling for the Federal Government, for Minister Martin Ferguson and for the Northern Land Council to come back to the table and to discuss this proposal in an open, accountable forum as they have major concerns. 

LINDY KERIN: The final decision on whether a national nuclear waste facility will be built at Muckaty Station will be made by the Federal Resources Minister, Martin Ferguson. He was unavailable for an interview today but a spokesman says the Government will continue with its assessment of the site and that all affected parties will be consulted. Meanwhile, the Northern Land Council has declined to comment.

MARK COLVIN: Lindy Kerin.