By Justin Tutty
Ten years since traditional owners stared down a threat to dump nuclear waste at Muckaty Station near Tennant Creek, the CLP Government’s proposed Territory Coordinator legislation, aimed at streamlining approvals for major projects, has brought nuclear waste policy back to the fore.
Chief Minister Lia Finocchiaro has indicated the Territory Coordinator legislation will be presented to Parliament in a matter of weeks.
No NT legislation since self government matches this bill’s broad implications for governance, economic development, and environmental oversight. While the NT has seen significant legislative changes in its history, this new bill stands out due to its sweeping powers across sectors and regulatory frameworks: the potential for long term shifts in governance and development processes, and the risk of overriding established procedural and environmental protections.
Of course, the basic concept of coordinating the various regulations applying to identified large development projects is entirely sensible. As is that of removing regulatory duplication, streamlining processes and prioritising important decision making.
But added to this, the bill consolidates broad decision making authority under an inexperienced Chief Minister and her appointed coordinator, diminishing traditional checks and balances.
These new powers would allow them to override, exempt or vary 32 scheduled items of NT legislation. The 32 acts range from infrastructure-related laws (e.g. Building Act 1993, Planning Act 1999) to more niche or restrictive laws that appear misaligned, and of uncertain relevance.
The Nuclear Waste Prohibition Act was passed 20 years ago, to stand as NT Parliament’s formal opposition to plans to dump nuclear waste in the NT.
Prohibited actions are listed in part 2 of the Act, with only two items: a person must not construct or operate a nuclear waste storage facility; and a person must not transport nuclear waste into the Territory for storage at a nuclear waste storage facility in the Territory.
The Act is further limited by stating (perhaps unnecessarily) that it does not override Commonwealth law.
The likely impact of the new powers over the Act would be to enable NT departments to actively cooperate with, and limit scrutiny, of plans to import and dump nuclear waste in the NT.
Valid concerns at the inclusion of this Act in the schedule have been met with clumsy misinformation. At a public webinar, an officer of the interim coordinator asserted that this Act is included because some mining operations have had to interface with the prohibition.
But if that doesn’t satisfy, in a media report on ABC last week, the Chief Minister offered a different explanation, claiming the inclusion was due to “medical isotopes that we are dealing with throughout our hospital network”.
Both of these justifications are explicitly carved out, in section 5(3) of the Nuclear Waste Prohibition Act.
The inclusion of the Nuclear Waste Prohibition Act in the Territory Coordinator Bill could reflect a desire for administrative flexibility to manage projects or decisions that intersect with reactor wastes. It remains possible that a future Commonwealth government may still look to the NT for storing Commonwealth obligated nuclear wastes from Lucas Heights.
It is also likely that Defence land in the NT could be used for storing spent reactor fuel from nuclear submarines visiting Australian ports under the AUKUS agreement.
Neither of these possibilities are in any way a matter of ongoing public debate or consultation. Either would be significantly controversial. But it is highly unlikely they’d be the subject of private investment.
It remains hard to see what connects the scheduling of this Act to the stated intention of increasing private investment in the NT.
When called to account for its inclusion, at a well-attended public forum held the week before Christmas, the interim Territory Coordinator Stuart Knowles apologised that he was unfamiliar with that particular piece of legislation.
One wonders how familiar he is with the remaining 31 laws he is poised to take control over.
Justin Tutty is an environmental activist and was a founding member of the No Waste Alliance, a network of community groups around the Territory that joined together 20 years ago to oppose Commonwealth plans for a nuclear waste dump in the NT
Its ok to have nuclear submarines but not ok to have nuclear to keep the lights on.
Its ok to have nuclear medicine to keep people alive but not ok to store the remains anywhere.
Where do these people come from??