Senate Inquiry
Please note: A final day of Senate hearings is scheduled for Friday November 28, 2008 in Parliament House, Canberra. Everyone is welcome to attend.
Senate Hearings held in Alice Springs over nuke waste dump laws
Traditional Owners, health organisations, environment groups and the NT Government have again joined forces in calling for repeal of legislation forcing a nuclear dump on the NT.
A Senate Inquiry has been underway since September, when Australian Greens Senator Scott Ludlam put forward the Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008. Over 100 people and organisations made comments on the Bill, designed to wind back federal government powers to force a nuclear waste dump on the NT. The overwhelming majority called for the heavy-handed laws to be overturned.
Two days of hearings in Alice Springs on November 17 and 18 heard evidence from a range of affected community members and stakeholders. NT government representative Dr Diana Leeder stated that the laws are “an erosion of rights”, adding that “The Northern Territory Government maintains its strong objection to the Commonwealth Radioactive Waste Management Act’s capacity to override Northern Territory laws.”
Traditional Owners from Muckaty, Mt Everard and Harts Range put forward strong cases for repeal, referring to the absence of consultation, lack of information and communication from government and extreme frustration and disempowerment throughout the process.
Kath Martin, Traditional Owner for the Mt Everard site told the Senate panel; “My grandfather’s stories goes right along that hill in the form of a kangaroo and I do not want to see that site denigrated in any way at all, because I am responsible for the safety and the upkeep of that land”
In a video submission to the Inquiry, Muckaty Traditional Owner Marlene Bennett said “most of our mob, we all found out when we read it in the paper. What sort of consultative approach by the government is that?”
There is deep concern about the breadth of CRWMA measures as the legislation undermines public health, environment and heritage laws.
During site investigations the Aboriginal and Torres Straight Islander Heritage Protection Act 1984 is excluded from having effect and the Native Title Act 1993 is rendered obsolete. NT laws passed in 2004 that prohibit the transport and storage of radioactive waste are completely overridden. Provisions of the law that suspend the Administrative Decisions (Judicial Review) Act leave no avenue for challenge to site nominations through normal legal procedures.
The ALP committed to repealing the Howard-era laws before the election, but has failed to do so in over a year since forming government. The delay stems from Energy and Resources Minister Martin Ferguson, now in charge of radioactive waste management, who refuses to indicate the ALP government’s intentions for the NT dump plan despite consistent requests from a range of individuals and organisations.
Dianne Stokes, a Muckaty Traditional Owner who has spoken at events all over the country to gain support for the NT campaign, expressed dismay that letters she has received from Martin Ferguson seemed to all contain the same information, suggesting “they must be photocopied from one to the next”.
ALP Ministers and Senators labeled the dump laws ‘draconian’, ‘extreme’, ‘arrogant’ and ‘sordid’ when they were first announced by the Howard Government. Repealing them became national ALP platform at the 2007 national conference. Earlier this year the Northern Territory ALP called for the federal government to honour its promise of repeal and scrap all site nominations.
A community rally held outside the Senate Inquiry venue in Alice Springs attracted over 100 people on their lunch break and ALP Senator Louise Pratt encouraged people to keep speaking out saying, “I don’t know why we haven’t repealed the legislation yet”.
The hearings were also well attended, with many local people coming for sections of the presentations and questions, showing active local engagement with the process.
Though it is over three years since the dump was announced, people across the Territory have continued to resist, citing the undemocratic imposition, as well as concerns about the environmental, transport safety, business and tourism impacts of the plan.
A statement was presented to the Senators from the Katherine Nuclear Dump Action Group, which stated opposition to all four proposed sites, vowing “Katherine residents are committed to working with all stakeholders opposing any site anywhere in the NT.”
The network of supporters for the community campaign has also grown nationally and internationally, with messages of support sent from around the country and from delegates at the recent International Indigenous Solidarity Conference in Melbourne.
The UK Committee on Radioactive Waste (CoRWM) report, released in June 2006, highlights how internationally;
There is a growing recognition that it is not ethically acceptable for a society to impose a radioactive waste facility on an unwilling community (www.corwm.org.uk/)
It is important that Australia now step into line with international trends that prioritise consultation with communities over ‘Decide-Announce-Defend’ processes.
With Kevin Rudd espousing the federal government will follow through with all election promises, it is time for the NT dump issue to be addressed in an open, transparent and accountable manner.
Minister Martin Ferguson and Prime Minister Kevin Rudd must listen to constituents who have sent a clear message about the dump. As the Katherine Nuclear Dump Action Group concluded in their letter to the Senate Committee; “We are part of a dedicated network covering Darwin through to Alice Springs and we will not go away”.
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Many people attending the community rally signed a banner calling for the Senate Committee to recommend:
1- Immediate and unconditional repeal of the Commonwealth Radioactive Waste Management Act
2- Remove from consideration all sites currently under assessment; Mt Everard, Harts Range, Fisher’s Ridge and Muckaty
3- An independent and comprehensive public inquiry into radioactive waste management.
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Senate Inquiry Public Hearings
Alice Springs November 17-18
The Federal Government is conducting a Senate Inquiry into the future of the Commonwealth Radioactive Waste Management Act (CRWMA). This law allows a nuclear waste dump to be forced on the Northern Territory.
We must show strong, united community opposition.
Community Rally
No Nuclear Waste Dump in the NT
Repeal the Commonwealth Radioactive Waste Management Act
12pm Monday November 17
Crowne Plaza Lawns, Barrett Drive
Speakers will include people from affected communities and local organisations.
Senate Inquiry public hearing times:
Monday November 17, 1pm-5pm
Tuesday November 18, 8am-11am.
Crowne Plaza Ballroom AB
Everyone welcome to attend
For more information contact: Natalie Wasley 08 8952 2011
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Submissions that were made to the Senate Inquiry are now posted on the Senate Committee website.
http://www.aph.gov.au/Senate/committee/eca_ctte/radioactive_waste/submissions/sublist.htm
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Submissions due October 31
Senator Scott Ludlam has put forward a Bill to repeal the Commonwealth Radioactive Waste Management Act (CRWMA) of 2005 and the amendments to that legislation made in 2006.
The Howard government created this highly undemocratic law, which allows the federal government to override Territory law and force a federal radioactive waste dump on the NT.
Continued operation of the CRWMA means the ALP federal government can pursue any of the nominated Department of Defense sites; Mt Everard, Harts Range or Fishers Ridge, for a waste dump, even though Traditional Owners, Central Land Council and the NT Government oppose the plan.
A site in the Muckaty Land trust, nominated by the Northern Land Council, is also still under assessment. Many Muckaty Traditional Owners express strong contention to the process that led to this nomination.
The ALP clearly committed to throw out the Commonwealth Radioactive Waste Management Act if they were elected, but almost one year later, targeted communities have received no indication this will occur.
There will be a Senate Inquiry into the Commonwealth Radioactive Waste Management Repeal Bill 2008.
Submissions are due by Friday 31 October.
Information about the Inquiry is online here: http://www.aph.gov.au/Senate/committee/eca_ctte/radioactive_waste/info.htm
You are strongly, strongly urged to make a submission to the Inquiry! Send your submissions to:
Committee Secretary
Senate Standing Committee on Environment, Communications and the Arts
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT, Australia, 2600
Phone: +61 2 6277 3526
Fax: +61 2 6277 5818
Email: eca.sen@aph.gov.au
Hearings will be held in mid-November, and if enough submissions are received from the Territory, it is a possibility that a hearing will be held in Darwin and/or Alice Springs. The report from the Senate Committee will be released in early December.
Below is Senator Scott Ludlam’s Second Reading Speech, which sets out the many reasons why the legislation should be repealed.
COMMONWEALTH RADIOACTIVE WASTE MANAGEMENT (REPEAL AND CONSEQUENTIAL AMENDMENT) BILL 2008 – Second Reading
The Commonwealth Radioactive Waste Management Act Repeal Bill 2008 will repeal the Commonwealth Radioactive Waste Management Act 2005 and the related Commonwealth Radioactive Waste Management Legislation Amendment Act 2006. This legislation enables the Federal government to impose a radioactive waste facility on an unwilling Territory government, and on unwilling communities.
Before the 2004 election, Federal Environment Minister, Senator Campbell provided an ‘absolute categorical assurance’ that a radioactive dump would not be imposed on the Northern Territory. In July 2005 it was announced, after no consultation with the NT Government or affected traditional owners and communities, that three Department of Defence sites – Harts Range, Fisher’s Ridge and Mt Everard – had been short-listed for assessment.
The Commonwealth Radioactive Waste Management Act (CRWMA) 2005 was then pushed through federal parliament, overriding NT laws prohibiting transport and storage of federal nuclear waste. The legislation prevents the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 from having effect during investigation of potential dump sites, and it excluded the Native Title Act 1993 from operating at all. Procedural fairness is also wiped out through suspension of the Judicial Review Act.
Amendments passed in 2006 to the CRWMA override Aboriginal Land Rights Act procedures requiring informed consent from all affected people and groups. Indeed, these changes explicitly stated that site nominations from Land Councils are valid even in the absence of consultation with and consent from traditional owners.
Under the amended process, the Northern Land Council nominated Muckaty, 120 km north of Tennant Creek. The site was added to the short-list of potential sites in September 2007, when former Science Minister Julie Bishop accepted the contentious nomination. This clearly ignored strong, public opposition from a number of traditional owners from the Muckaty Land Trust.
In response to this announcement, Senator Carr, the Shadow Minister for Industry, Innovation, Science and Research stated,
“Today’s announcement is yet the next chapter in the decade-long saga of lies and mismanagement that has become Howard’s waste dump. The Howard Government has tried to impose its waste dump at numerous sites around the country; settling on the Northern Territory because of its ability to steamroll the Territory’s rights and impose the dump against its will.After forcing legislation through Federal Parliament, the Science Minister now has full Ministerial discretion over the siting of a nuclear waste facility in the Northern Territory. Labor believes that Howard’s bullyboy tactics in the Northern Territory are no way to select a nuclear waste dump. Labor is committed to repealing the Commonwealth Radioactive Waste Management Act and establishing a consensual process of site selection.Labor’s process will look to agreed scientific grounds for determining suitability. Community consultation and support will be central to our approach.
In April 2007, the Australian Labor Party national conference passed its National Platform, Chapter 5 of which states that a “Federal Labor Government will:
• not proceed with the development of any of the current sites identified by the Howard Government in the Northern Territory, if no contracts have been entered into for those sites.
• repeal the Commonwealth Radioactive Waste Management Act 2005.
• establish a process for identifying suitable sites that is scientific, transparent, accountable, fair and allows access to appeal mechanisms.
• identify a suitable site for a radioactive waste dump in accordance with the new process.
• ensure full community consultation in radioactive waste decision-making processes.
• commit to international best practice scientific processes to underpin Australia’s radioactive waste management, including transportation and storage.”
A number of senior Labor Ministers and Senators released media statements prior to the 2007 federal election pledging repeal of the CRWMA if elected. ALP politicians had referred to the legislation as ‘draconian’, ‘sordid’, ‘arrogant’ and ‘profoundly shameful’. In their media statement issued on 6 March 2007 by Senator Carr, Shadow Minister for Industry, Innovation, Science and Research, MP Warren Snowdon, Member for Lingiari and Shadow Parliamentary Secretary for Northern Australia and Indigenous Affairs, and NT Senator Trish Crossin. This committed Federal Labor to:
• Legislate to restore transparency, accountability and procedural fairness including the right of access to appeal mechanisms in any decisions in relation the siting of any nuclear waste facilities;
• Ensure that any proposal for the siting of a nuclear waste facility on Aboriginal Land in the Northern Territory would adhere to the requirements that exist under the Aboriginal Land Rights, Northern Territory Act (ALRA);
• Restore the balance and, pending contractual obligation, will not proceed with the establishment of a nuclear waste facility on or off Aboriginal land until the rights removed by the Howard government are restored and a proper and agreed site selection process is carried out; and
• Not arbitrarily impose a nuclear waste facility without agreement on any community, anywhere in Australia.
The Commonwealth Radioactive Waste Management Act 2005 has been ineffective and controversial. Leaving this legislation in place undermines the Aboriginal and Torres Straight Islander Heritage Protection Act, overrides Aboriginal Land Rights procedures and is a blatant disregard for the express wishes of the Territory government. Repealing this legislation is implementing an ALP federal election promise and will pave the way for a new approach to the management of Australia’s radioactive waste.
Australia’s radioactive waste is a legacy of decisions taken in the past, specifically in the Menzies era when the government opened a research reactor at Lucas Heights, 31 kms from the heart of Sydney. Decisions taken then reflect historically specific moments in science and in politics.
Both the scientific and the political methods we have today contrast sharply with those of the Cold War era during which assumptions about the relatively new nuclear technology were simplistic and utopian and nuclear decision-making was cloaked in secrecy, far away from the public eye.
The decisions we take today about Australia’s radioactive waste – how it should be stored, where it should be stored, whether it should be transported and centralised – should reflect the best science we have at our disposal now, as well as the best democratic and transparent processes that governments and citizens can utilise in today’s world.
Transparency is what Australia has been lacking in its decision-making about radioactive waste management. Recent attempts to impose an “out of sight, out of mind solution” onto unwilling communities, or communities that have been divided through the provision of payments are not sustainable “solutions” but doomed because they do not enjoy public confidence.
Senator LUDLAM —I seek leave to continue my remarks later.
Leave granted; debate adjourned.
