State Loses Dump Case but Vows to Fight On

South Australia is considering an appeal against the latest decision enabling a radioactive waste dump to proceed in the Far North. The State Government yesterday lost a court bid to prevent the establishment of the Federal Government's low-level nuclear waste dump near Woomera.

Costs were awarded against SA, although Environment Minister John Hill said costs up until yesterday morning were $1500 and total costs were likely to be about $20,000. He said the Government was disappointed with the decision and had received preliminary advice there were grounds to appeal. "We believe the Commonwealth showed contempt for states' rights when it acquired the land without giving South Australians the opportunity to have their say," he said. "We will continue to fight plans to establish the dump."

The state went to the Federal Court arguing the Commonwealth had acted unfairly in compulsorily acquiring land for the dump just days after SA said it would introduce legislation to make the area a conservation park.

Justice Brad Selway dismissed the state's application and an application by the Kuyani people possibly clearing the way for construction work to begin on the waste repository, which the Federal Government wants operating next year. The proposed site takes in part of the Arcoona sheep station.

SA had argued the compulsory acquisition of the land was flawed and there was no basis for urgency in acquiring the land. But Justice Selway said the acquisition was "not unlawful", saying it is accepted the certificate issued to acquire the land and the statement of acquisition were made before the acquisition occurred.

Opposition spokesman on environment Iain Evans said SA should "stop playing games" and work co-operatively with the Commonwealth on the issue of responsible radioactive waste management. Federal Finance Minister Nick Minchin said the Rann Government should now take "a sensible and co-operative approach to the establishment of this important national facility".

"They have wasted time and money with (this) legal challenge," he said. "The selection of this site was the culmination of an exhaustive 11-year process to identify the safest site in Australia for the storage of the nation's low-level radioactive waste."

Greg Kelton, © Advertiser Newspapers Ltd

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