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AAP
AAP
Politics
Rudi Maxwell

Barngarla people cheer after halting Kimba nuclear dump

Barngarla Corp chair Jason Bilney says Kimba is a crossroads for his and other Indigenous people. (PR HANDOUT IMAGE PHOTO) (AAP)

The Barngarla people are celebrating after the Federal Court set aside a decision to build a nuclear waste dump on their country.

Justice Natalie Charlesworth only upheld one of the four reasons for judicial review but that was enough for the Barngarla.

"It was important to stop this dump because the Seven Sisters Dreaming goes through there," Barngarla elder Aunty Dawn Taylor, who was born at Kimba in South Australia, says.

"Having a waste dump out there would have just destroyed everything."

The coalition government decided to build the dump at Napandee in November 2021, when it announced it had acquired 211 hectares of land with the proposed facility subject to heritage, design and technical studies.

The majority of nuclear waste produced in Australia is associated with the production of nuclear medicine.

The Barngarla native title area covers more than 34,000 square kilometres on Eyre Peninsula, including the town of Kimba.

Barngarla Aboriginal Determination Corporation chair Jason Bilney said it had been an emotional fight.

"Kimba is a crossroads for us Barngarla people and other First Nations people," he told AAP.

"It's about empowering Barngarla people to stand up and be counted and to continue to fight no matter what toll it takes, because it's crucial to us and other First Nations people around Australia.

"Stand up, speak up, and show up strong and proud for our community and for our past and present elders."

"And don't shut up," Aunty Dawn added.

Justice Charlesworth said she would not make any decisions on the judicial review until both sides had the opportunity to read her judgment.

She said the only appropriate order was to set aside the whole of the declaration regarding the proposed facility by former resources minister Keith Pitt.

Conservation groups called called on the federal government to shelve the project in its entirety.

"Today's monumental decision offers an exciting opportunity to reset the relationship between the federal government, Aboriginal people and nuclear waste," Conservation SA chief executive Craig Wilkins said.

"In many ways the real work starts now to find the final resting place for Australia's long-lived radioactive waste - not a deeply deficient and illegal process to park the waste temporarily in above ground sheds in South Australia."

Australian Conservation Foundation nuclear free campaigner Dave Sweeney said the court's decision should mean a red light for Kimba.

"This waste lasts longer than any politician and it needs to be responsibly managed," he said.

"More responsible and credible alternatives exist and should now be properly examined.

"We need a new approach that is based on evidence, inclusion and respect."

A further hearing to determine technical details about timing and costs will be held on August 7.

Resources Minister Madeleine King said Labor had worked with the Barngarla people in the last term of parliament to ensure they secured the right to seek judicial review of the decision to acquire the site and that she would review the judgment.

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