The Federal Court has ruled that the decision to establish a nuclear waste dump on Native Title land at Kimba was biased.
The Barngarla people filed a complaint, claiming that the former federal resources minister, Keith Pitt, had “prejudged” the issue. The court has now set aside the decision and canceled the $325 million project.
Justice Natalie Charlesworth supported the Barngarla people’s complaint, stating that the entire decision should be overturned. The ruling was met with tears and cheers from the Barngarla people and their supporters.
The cancellation means that the nuclear waste dump will not proceed.
However, there is still a legal question regarding the effective cancellation date.
CEO Jason Bilney of the Barngarla Determination Aboriginal Corporation hailed the decision as a victory for all First Nations people, emphasizing the importance of listening to Indigenous voices.
The proposal for the nuclear waste dump in Kimba faced opposition from the Barngarla people since its introduction in 2017.
The community supported the dump in a 2019 ballot, excluding Native Title holders outside the council region.
The Morrison Government later acquired land for the dump, intending to store low-level waste from multiple facilities.