Additional comments from Liberal Senators
1.1
Liberal Senators agree with the majority report's consideration of the
evidence, and support the majority report's conclusions and recommendations.
Liberal Senators understand the importance of establishing a national facility
to ensure that Australia is in accordance with international best practice in
relation to the management of radioactive waste materials.
ALP promises in relation to establishment of a national facility
1.2
However, Liberal Senators wish to make some additional comments in
relation to the evidence of many submitters and witnesses who expressed the
view that the Bill does not deliver on a number of promises made by the
Australian Labor Party (ALP) concerning the establishment of a national
radioactive waste facility, and particularly in relation to the Muckaty Station
nomination.
1.3
These submitters and witnesses pointed to undertakings by the ALP – many
of which were made while still in opposition – that, in government, it would
seek the repeal of the current Act. Further, the ALP stated that it would put
in place a new process for the selection of a site for the national radioactive
waste facility, which would restore rights of procedural fairness, transparency
and accountability.[1]
1.4
As noted in Chapter 1, prior to the election of the Rudd Labor
Government in 2007, the ALP committed to the repeal of existing legislation as
part of its National Platform. This pledge was highlighted in a joint press
release by Senator the Hon. Kim Carr (the then Shadow Minister for Industry,
Innovation, Science and Research), Northern Territory Senator Trish Crossin,
and the Hon. Warren Snowden (the member for the electorate of Lingiari in the
Northern Territory). The press release stated:
Labor will legislate to restore transparency, accountability
and procedural fairness including the right of access to appeal mechanisms in
any decisions in relation the...[siting] of any nuclear waste facilities.
Labor will ensure that any proposal for the siting of a
nuclear waste facility on Aboriginal Land in the Northern Territory would
adhere to the requirements that exist under the Aboriginal Land Rights,
Northern Territory Act (ALRA).
Labor will restore the balance and, pending contractual
obligation, will not proceed with the establishment of a nuclear waste facility
on or off Aboriginal land until the rights removed by the Howard government are
restored and a proper and agreed site selection process is carried out.
Labor will not arbitrarily impose a nuclear waste facility
without agreement on any community, anywhere in Australia.[2]
1.5
Liberal Senators note that a number of submitters and witnesses strongly
questioned the extent to which the Bill honours the government's previous
promises and undertakings concerning the establishment of a national facility
and the Muckaty Station nomination. Particular concern was expressed in
relation to the restoration of procedural fairness to the site selection
process, and the transparency of the processes put in place by the Bill.
1.6
Liberal Senators acknowledge the evidence of submitters and witnesses in
relation to this issue and note that the Labor Bill is in many ways consistent
with the current Act, which was introduced by the Howard Government. This again
confirms that Labor is willing to say one thing and then do another.
Impact on the Northern Territory
1.7
Liberal Senators also note the evidence of some submitters and witnesses
regarding the Bill's impact on the Northern Territory.
1.8
The Northern Territory Government submitted that the establishment of a
radioactive waste facility in the Northern Territory could impose a number of
potential risks and costs.
1.9
The Northern Territory submission noted that the normal operation of the
facility will have a 'significant impact on territory security and emergency
management capacity and capabilities'. Further, a serious incident at, or
transporting waste to, the facility could require the territory to provide
additional resources in order to respond appropriately.[3]
1.10
In light of the potential impacts of locating the national radioactive
waste facility in the Northern Territory, the Northern Territory Government
expressed its concern that:
...there may be significant financial implications arising
should a decision be made to locate the facility in the Northern Territory. The
Northern Territory should not be financially disadvantaged by a decision to
locate a facility in the Northern Territory and appropriate financial
arrangements would need to be implemented...[4]
Adequacy of regulatory oversight of national radioactive waste facility
1.11
Finally, Liberal Senators acknowledge the concerns of a number of
stakeholders as to whether the legislative framework and regulatory oversight
arrangements governing the construction and ongoing operation of the proposed
facility are adequate. These concerns are particularly pertinent in light of
the Bill's displacement of certain state and territory and Commonwealth Acts,
and the expected life span of the facility (approximately 300 years).
Accordingly, Liberal Senators consider that the actual or perceived uncertainty
as to the effectiveness of the legal and regulatory regimes that will govern a
national facility should be addressed by an independent review, to be held at
an appropriate time following the selection of a site. The focus of this review
should be on the adequacy of the regulatory arrangements governing the
facility, and ensuring that all facets of safety and security regulation
reflect, and will continue to reflect, international best practice. As a
minimum, the review body should contain representatives from relevant
traditional owner and community groups, and representatives with relevant
scientific, security, safety and technical expertise.
1.12
In recognition of the particular interests and concerns of the Northern
Territory Government, as noted above, Liberal Senators also consider that an
aspect of the review should be to consider the facility's impacts on the
Northern Territory, in the event that the facility is located on a site in that
territory.
Recommendation 1
1.13
That the Bill be amended to require that an independent review of
the national radioactive waste facility and its operations be conducted within
five years of the commencement of its construction; the review should consider
the adequacy of the legal and regulatory regimes governing the safe and secure
operation and effective management of the facility. A further independent
review should be conducted within each ten years of the facility's operation.
Senator Guy Barnett Senator
Stephen Parry
Deputy Chair
Senator Russell Trood
Navigation: Previous Page | Contents | Next Page