Nigel Scullion (NT, Country Liberal Party) Share this | Hansard source

I rise to support the Commonwealth Radioactive Waste Management Legislation Amendment Bill 2006. This should not be surprising; it was me who introduced particular amendments that allowed for three other classes of land. One was a class of land that could be nominated by the Northern Territory government—a very large landholder in the Northern Territory and principally responsible for land. The other two principal landholders are the Northern Land Council, which is effectively responsible for the northern half of the Northern Territory, and the Central Land Council, which is responsible for those remaining lands in the southern half of the Northern Territory.

The purpose of this bill falls principally into two parts. The first part is to provide for the return of land when the facility may no longer be required and also to indemnify those landholders following the return of the land against potential damages arising from the original use of the land. The second aspect of the bill deals with a number of issues that may cause a delay in the nomination process. We are all pretty familiar in this place with the history of this legislation, and the siting of a radioactive repository on behalf of all Australians—which was the original idea, and a very laudable one at that—with years of effort to try to get it right. I think everybody knows that that effort has been thwarted by those who create mischief by saying, ‘I will do anything to prevent a radioactive facility from being sited anywhere in Australia.’ That is not in anyone’s interest. This bill is very important because the second aspect of it deals with ensuring that there is no more mischief to be made in this matter. We have put beyond reach of the mischief makers the ability to cause any further, and clearly unnecessary, delays in this matter.

The bill also deals with the Administrative Decisions (Judicial Review) Act 1977 and makes some amendments to the land nomination process, particularly section 3A. This has the effect of adding a site nomination under proposed section 3A of the Commonwealth Radioactive Waste Management Legislation Amendment Bill 2006 to the classes of decisions that are not decisions to which the Administrative Decisions (Judicial Review) Act applies. Again, we think that it is a bit of a hole in what we consider to be a pretty clear future. This bill is all about making sure that there are no more holes in the future and no more little avenues where people can make some mischief.

It is also important to note that these amendments principally come from the Northern Land Council. Under the Aboriginal Land Rights Act, the Northern Land Council has a great deal of responsibility for not only the land under their jurisdiction but also the Aboriginal people who are the traditional owners of that land and it has the responsibility to ensure that the wishes of those people are met on a number of matters such as development and change and the siting of things, whether it be fishing entitlements, mining or railways. Historically, the Northern Land Council is quite expert on this matter and I have to commend it for its efforts in ensuring that traditional owners have an option, one which is in the amendments that I have put forward in this place. That option is that they can consider whether or not this is something they would like to have sited on their land or otherwise. This council has gone a long way to ensure that the processes are in place so that people are well-informed of the options before them.

Particular parts of these amendments, as I say, come from the Northern Land Council. Their concern is that a challenge may be raised on the basis that the Northern Land Council did not properly consult all interested parties, as required by subsection 3B(1) of the act, prior to making a nomination and the seeking of judicial review under the nomination under the AD(JR) Act, which I previously covered. Of course, the government shares that concern.

The Australian Government Solicitor believes on balance that, whilst a failure to comply with subsection 3B(1) of the Commonwealth Radioactive Waste Management Legislation Amendment Bill 2006 would not affect the validity of the nomination, there is not an insignificant risk that a court may decide otherwise. So the AGS considered the greatest risk was from a successful challenge to any siting decision made under section 7 of the Commonwealth Radioactive Waste Management Act or from an ongoing court action that prevented progress in making that decision, so that a challenge could be made at any time in the future after considerable time and effort has been spent on assessing a nominated site. Given the possibility of receiving a nomination of land adjacent to the Central Land Council’s jurisdiction, the prospect of a legal challenge is considered high, given the Central Land Council’s vocal opposition to the facility.

I have to say that there is a stark contrast between the behaviour of Northern Land Council and the Central Land Council in regard to these matters. It was interesting that I knew exactly what the Central Land Council thought about the amendments and the opportunity to be included in the discussion over the siting of a radioactive storage facility almost the following day after I made the amendments in this place, because there were yells and screams from the Central Land Council: ‘No, we’re not going to have it. We’ll have absolutely none of that.’ I have to say I was amazed at the time it took to consult so many people over those lands. It seemed like the next day they had it all squared away. There was no way they were going to have it on their land.

I had the opportunity during a committee hearing on Monday, 27 November to place a question on notice. They certainly put in the evidence that their position was a solid position because they had unanimous support for that decision. I actually asked them in a question on notice if they could provide the minutes of meetings reflecting upon who was there and that will obviously give me some guidance in that matter. I am looking forward to that answer.

It is in stark contrast to the Northern Land Council, who have, I consider, done an absolutely outstanding job. I inquired as to how Mr John Daly, the chairman of the Northern Land Council, a traditional owner himself, had gone about the process of informing individuals. He was able to tell me that the full council of 80 Indigenous traditional owners from the Northern Land Council region met in a place not far from Darwin in the Northern Territory—in Bynoe Harbour, I believe. They met for two full days and considered no other issue apart from informing the traditional owners what the amendments I brought before this place enabled them to do. They had two full days of deliberations where they invited ANSTO scientists to provide information about what it actually meant and they were able to question and deliberate slowly and, in a proper way, make a decision. Their decision was not, ‘Yes, we are going to have something on our land.’ Their decision was not, ‘Yes, we want it here.’ It simply informed those people from the Northern Land Council and they unanimously decided that they would allow and assist people in making a nomination should the landholders require it. It is, as I said, in pretty stark contrast to the Central Land Council. The Northern Land Council certainly made it clear in an announcement on 21 October last year which read:

The full council of the NLC has called for an amendment to the Commonwealth Radioactive Waste Management Bill 2005 so that the Land Council can nominate an alternative site in the Northern Territory for a waste facility provided that the traditional owners agree.

I have heard a lot of absolutely unadulterated garbage from the other side—I have only been listening to the debate for short time—but I did note a couple of comments from the Leader of the Opposition in the Senate and I must say it brought me some sadness to hear him say that Aboriginal people have had their rights taken from them. I note that later in his submission he said that Aboriginal people have the right to make determination on their own land. The single word ‘self-determination’ I thought would come with the respect to stand up in this place and say that, if individuals from the Northern Land Council and the traditional owners want to make up their minds, they can choose to nominate a site to do anything they like on that country.

From my perspective, if you ignore the fearmongering from the other side, this process is no different from the process of establishing a corridor for a railway. It is a very important thing for the Northern Territory. Of course, the Northern Land Council did exactly the same in that matter and ensured that everybody was consulted for the entire length of the Territory. You can imagine the difficulties in doing that. They are very good at this. Why would we change the respect that was afforded them at that stage now? Why do we think this development is any different? Of course, it is because there is mischief afoot.

I have to say that the main mischief has been that provided by the Labor Party. The word ‘disingenuous’ starts paling into insignificance when you look at a bit of the history here. In this country some time ago—I was still catching fish when all this was happening—there was a principal agreement between the heads of the states and territories in Australia that it seemed very fair and reasonable that we would form a Commonwealth or a national repository where any radioactive material from around Australia would be stored to the very best level of amenity, properly and safely. So it was to everybody’s benefit that we studied that. I understand that it took some four years to go through that process and they established that it would be in the Officer Basin in whatever the section is in Woomera. They decided that that would be the very best place to have it. Of course, that is when the mischief starts. Mr Rann decided he was not doing too well in the polls, so a bit of fear and loathing would not hurt, and he suddenly said, ‘We’re not having radioactive waste in my backyard.’ He said that at the last moment.