A cross-party parliamentary committee has found "significant risk" that local Indigenous groups were not consulted about a proposed nuclear waste facility to a standard required under international law.
A report by the Joint Committee on Human Rights found that given Barngarla traditional owners unanimously vetoed the proposed facility, the Federal Government's decision to press ahead with a bill to build it risked breaching Barngarla rights to culture and self-determination.
The proposed site outside Kimba on South Australia's Eyre Peninsula is on land traditionally associated with the Barngarla people and would store Australia's low to medium-level radioactive waste, most of which is created by nuclear medicine.
Two non-binding independent ballots were conducted to gauge community support for the proposal; one for residents in the local government area surrounding the site, the other among Barngarla Determination Aboriginal Corporation members, who largely did not qualify for the first ballot.
While more than 60 per cent of voters in the Kimba local government ballot supported the facility, 100 per cent of Barngarla voters rejected the proposal.
Rights 'may not be sufficiently protected'
The committee found the site's nomination seemed to "rest heavily on the local council ballot from which native title holders were excluded, which the Minister uses as evidence of local community support".
"Given the nature and extent of the consultation ... it appears the right of Indigenous peoples to influence the outcome of decision-making processes affecting them may not be sufficiently protected by this bill," it said.
Barngarla traditional owner Jason Bilney said he felt betrayed by then-resources minister Matt Canavan.
"He assured us that you put the votes together, and he did not put the votes together," Mr Bilney said.
Senator Canavan said he never made that assurance, rather that "both ballots would be considered, which they have been".
Native title does not currently exist
Keith Pitt, who has since replaced Senator Canavan as Resources Minister, said the Government "wants to work with the Barngarla people at all stages of the project to protect cultural heritage and make sure traditional owners can access skills training and employment opportunities".
He also said Barngarla native title did not currently exist at the facility's proposed site despite the "potential for unregistered cultural heritage to exist in the area".
Mr Pitt said the Government had not ruled out amendments to the bill, which allows for future expansions of the site after seeking comment from traditional owners.
Labor member of the committee Steve Georganas said amendments were necessary, given obligations to "consult much more broadly than mere comment prior to any government acquisition" under international human rights law.
The bill remains before parliament and will likely not be voted on for some time amid disruptions from the coronavirus pandemic.
