Secondly, the relevant laws are stacked against the interests of Traditional Owners. In 2007, the Howard Coalition government passed legislation ‒ the Commonwealth Radioactive Waste Management Act ‒ allowing the imposition of a nuclear waste dump on Aboriginal land with no consultation or consent from Traditional Owners.
At the time, Labor parliamentarians described the legislation as "extreme", "arrogant", "draconian", "sorry", "sordid", and "profoundly shameful". But when the Gillard Labor government amended the legislation in 2012 ‒ and renamed it the National Radioactive Waste Management Act ‒ the amendments were superficial and still allowed for the imposition of a nuclear waste dump with no consultation or consent from Traditional Owners.
Even if the Federal Court finds that the government has acted within the law, the plan to impose a nuclear dump despite the unanimous opposition of Barngarla Traditional Owners is immoral.
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It contradicts the spirit of the Voice to Parliament currently being championed by the Albanese government. Jane Stinson, Chair of the SA Parliament's Environment, Resources and Development Committee, said: "In this day and age, when we're talking about Voice, Treaty and Truth, we can't just turn around and say, 'Oh, well, those are our values but in this particular instance, we're going to ignore the voice of Aboriginal people'. I think that's just preposterous and it's inconsistent with what most South Australians would think."
It contradicts Labor's professed support for the United Nations Declaration on the Rights of Indigenous Peoples, which states that "no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent".
Susan Close, now Deputy Premier of South Australia, said in 2019 that it was a "dreadful process from start to finish" that led to the nomination of the proposed Kimba dump site and that SA Labor is "utterly opposed" to the "appalling" process which led to Kimba being targeted.
Close noted in 2020 statement, titled 'Kimba site selection process flawed, waste dump plans must be scrapped', that SA Labor "has committed to traditional owners having a right of veto over any nuclear waste sites, yet the federal government has shown no respect to the local Aboriginal people."
Of course, Close was speaking about the Morrison government but SA Labor continues to call for the federal government to abandon the proposed dump and for Traditional Owners to have a right of veto.
Yet the federal Labor government stubbornly persists. Sadly, federal Labor has form on these issues. In February 2008, Labor Prime Minister Kevin Rudd highlighted the life-story of Lorna Fejo ‒ a member of the stolen generation ‒ in the historic National Apology to Aboriginal People in Parliament House.
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At the same time, the Rudd government was attempting to impose a nuclear waste dump on her country in the Northern Territory. Fejo said: "I'm very, very disappointed and downhearted about that [the National Radioactive Waste Management Act]. I'm really sad. The thing is ‒ when are we going to have a fair go? Australia is supposed to be the land of the fair go. When are we going to have fair go? I've been stolen from my mother and now they're stealing my land off me."
Labor's nuclear racism is disgraceful and it diminishes all Australians.
Several steps should be taken to rectify the situation. To date, the issue has been managed by resources minister Madeleine King. There appears to have been little or no input from caucus, Cabinet or the Prime Minister's Office. That needs to change.
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