Jurist Australia aboriginal sacred site protected from government nuclear waste development

[Dadparvar]

South Australian aboriginal group the Barngarla people won a legal battle against the federal government Monday after it began development of a nuclear waste facility on a Bangarla sacred site. The Federal Court of Australia found that there was “apprehension of bias” when then-Resources and Water Minister Keith Pitt decided the facility’s location in 2021. As a result of the ruling, the government has set aside the development of the National Radioactive Waste Management Facility.

The area for the site was a sacred site for the Barngarla people. The National Indigenous Times quoted Elder Aunty Dawn Taylor as saying, “It was important to stop this dump because the Seven Sisters Dreaming goes through there.” The Dreaming is a framework for Indigenous Australians spirituality and ongoing connection with the land and waterways.

The Guardian reported that Justice Natalie Charlesworth wrote:

The applicants’ case is that the minister [Pitt] made public statements that they allege might indicate that he might already have made up his mind… His statements demonstrated unswerving dedication to achieving a factual outcome for the benefit of those persons in Kimba who favoured the facility being located at Napandee, whilst at the same time displaying a dismissive attitude to its key opponent, the Barngarla people.

Jason Bilney the chairperson for Barngarla Determination Aboriginal Corporation stated “It’s been a proud win for Barngarla, as well as other First Nations, to continue this fight and get this message out.”

The official judgement is yet to be published by the Federal Court of Australia, the National Indigenous Times reported that Justice Charlesworth “has decided to withhold any definitive orders regarding the judicial review until both parties have had a chance to review her judgment.”

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