Legal eagles weigh in on Muckaty dispute
A PROMINENT human rights lawyer has agreed to examine legal options which would jettison plans to construct a nuclear waste dump at Muckaty.
Sydney-based George Newhouse, who spent the Easter weekend in Tennant Creek, said evidence from traditional owners has raised serious doubts about whether the proper people had been identified for consultation.
“If they didn’t contact all the traditional owners, you have to ask who actually approved the nomination and whether those persons were entitled to speak for that land,” he said.
“After reviewing the Land Commissioner’s report and speaking to the elders who came to Tennant Creek to speak with us over the weekend, I don’t understand how anyone could argue that only one clan or a particular family group has the right to speak for this land.”
Mr Newhouse said he didn’t believe proper process had been followed.
“Elders told us they weren’t informed about the radioactive waste proposal in any detail and some were not contacted about it at all,” he said.
“Many of the traditional owners told us that they were not even invited to meetings regarding the site and all of them said they did not give their consent for the use of their sacred sites or their dreaming tracks for a radioactive waste storage facility.”
Another lawyer, Stephen Leonard, said he was convinced there is a genuine dispute occurring within the community as to who is entitled to speak for the proposed site, the contract with the Commonwealth and the alleged approval.
“The clear message from traditional owners we spoke to was that legal ownership of, and the spiritual association with the relevant land is the shared responsibility of at least three clans,” he said.
“All three family groups have a deep, spiritual and legally recognised connection with the area in question.
“There is obviously no group consensus on this issue.”
Mr Leonard said the traditional owners are concerned that legislation which is currently before the Parliament will force a radioactive waste facility on them against their will and without their informed consent.
The legal team which has agreed to assist the traditional owners said a Request for Urgent Action to the UN Committee on Elimination of Racial Discrimination (CERD} or a communication to the Special Rapporteur on Indigenous Peoples are also being considered.