Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

Perhaps Senator Ludlam, at a later date, can correct this, but International Radioactive Waste Action Day, as far as I can determine, has no official status. On that basis, in my view as Manager of Government Business in the Senate, it is unusual for the Senate to recognise an international day which has not been declared as such.

That aside, in addition to the substance of the particular motion itself, the issue of whether those contesting the nomination of Muckaty are relevant traditional owners is a matter that is currently before the Federal Court. This government will, of course, always respect the court’s ruling and decision in respect of that. On that basis, the Senate should not, in my view, use a motion to pre-empt the decision of the court in respect of this matter if it is construed to go to that issue.

Thirdly, and perhaps more importantly, since the government has proposed legislation which establishes a proper process for identifying suitable sites for transport and storage of Australia’s radioactive waste that is consistent with international best practice and scientific processes and that is transparent, accountable and fair and allows appropriate access to appeal mechanisms and full community consultation, there is on that basis no requirement for the Senate to call on it to do so. The Senate, of course, can express its desire for such a process by supporting the government’s legislation. That is not to detract from Senator Ludlam moving the motion. I am just pointing out that the government has already taken on the substance of the matter and is proceeding as outlined. For those reasons, the government does not see any need for the motion and will not support it.