Chris Evans (WA, Australian Labor Party) Share this | Hansard source

The Minister for Resources and Energy has provided the following answer to the honourable senator's question:

(1) (a) On 3 March 2010, the Minister met a delegation of Ngapa persons including a member of the Muckaty Aboriginal Land Trust and representatives of the Northern Land Council (NLC) in Darwin, including in relation to the National Radioactive Waste Management Bill 2010. The Minister attended this meeting at the invitation of the NLC. One Departmental representative and one advisor from the Minister's office attended the meeting. There were no records or notes that arose from the meeting. The Minister has not been on the Muckaty Aboriginal Land Trust land (Muckaty Outstation).

(b) See answer to Question 1 a).

(2) Yes. A site assessment will be conducted regarding any additional sites which may be nominated under the National Radioactive Waste Management Act 2012.

(3) No. However, the Commonwealth Procurement Rules, Rule 7.7 provides that in order to draw the market's early attention to potential procurement opportunities, each agency publish an annual procurement plan on AusTender containing a short strategic procurement outlook.

On 3 September 2012, the Department of Resources, Energy and Tourism updated its Strategic Procurement Outlook, to incorporate the possibility of a need for biophysical characterisation of potential radioactive waste management site(s). This information is publically available on the AusTender website.

(4) If site characterisations for additional sites are undertaken in the 2012-13 financial year, funding would be provided for under Program 1 Annual Administered Expenses (Radioactive Waste Management), Budget Portfolio Statements 2012-13, Budget Related Paper No.1.17, Resources Energy and Tourism Portfolio, (see page 25). Any future tender process will be conducted in accordance with the Commonwealth Procurement Rules and outcomes on costs and timeframes will be determined by this process.

(5) It would be inappropriate to pre-empt the proper conduct of the statutory process by releasing any correspondence or documentation relating to a potential additional nomination of land on the Muckaty Aboriginal Land Trust.

(6) No.

(7) Yes.

(8) Two Departmental Officers from the Resources Division attended the meeting on the invitation of the Northern Land Council. The purpose of their attendance was to provide information and respond to questions regarding the passage of the National Radioactive Waste Management Act 2012 and radioactive waste management policy.

(9) Yes.

(a) No – they were advised on arrival.

(b-c) Questions regarding the rationale for the deployment of local police on the turnoff to Muckaty Station are a matter for the Northern Territory Police.

(10) See answers to Question 9.

(11) See answer to Question 5.

(12) The outcome for the Department of Resources, Energy and Tourism of the meeting was the provision of factual information and responses to questions raised by the attendees on the National Radioactive Waste Management Act 2012 and radioactive waste management policy.

(13) Departmental officers offered to respond to any subsequent requests for information on the National Radioactive Waste Management Act 2012 and radioactive waste management policy.

On 28 November 2012 a delegation from the Northern Land Council visited the Australian Nuclear Science and Technology Organisation (ANSTO) campus at Lucas Heights in New South Wales. Information was provided on the generic concept design work and ANSTO officers provided factual information on radiation and radioactive waste and conducted a tour of the premises, including the radioactive waste inventories held at Lucas Heights.

(14) The NLC did not advise the Department of the names of those invited or who attended the meeting on 7 November 2012.

(15) (a) – (b) No.

(16) Additional areas of land on the Muckaty Aboriginal Land Trust for potential nomination were identified at the 7 November 2012 meeting.

The specific location of any nomination that may be made will be identified through the statutory process. This includes consultations with traditional Aboriginal owners, interested Aboriginals, and Aboriginal communities or groups that may be affected by a proposed nomination.

If an additional nomination is made, section 8(2) of the National Radioactive Waste Management Act 2012 provides that a nomination must include:

(17) See answer to Question 16.

(18) No assessment has been sought on the impact of further site nominations on the Muckaty Aboriginal Land Trust (or from another Land Council). The Department has had discussions on the matter with its legal advisors, however providing material as a result of these discussions would result in the Department waiving legal privilege.

The National Radioactive Waste Management Bill 2010 was first introduced in February 2010; four months before the Applicants lodged their application in the Federal Court. The Bill always anticipated the ability for additional nominations to be made either by the NLC or the other Land Councils in the Northern Territory.

Any impacts of subsequent nominations on the Federal Court matter are a question for the Court.

(19) The Department has not attended or been notified of any other meetings convened by the NLC to discuss the proposed nomination of an additional site on the Muckaty Aboriginal Land Trust land.

(20) No.

(21) Yes. At the time of the 2007 nomination, the then Howard Government and Department discussed with the NLC the possibility of scheduling the western portion of Banka Banka Station as Aboriginal land under the Aboriginal Lands Rights (Northern Territory) Act 1976 as a regional benefit. The current Minister and Department have discussed that arrangement with the NLC in relation to both the 2007 nomination and any additional nomination on Muckaty Station. The Indigenous Land Corporation purchased Banka Banka West in October 2010.

(22) See answer to Question 5.

(23) Matters relating to traditional ownership should be referred to the Northern Land Council.