To Minister King, Minister Marles and the Australian Radiation Waste Agency, 

Thanks for considering my submission to the Australian Radioactive Waste Management Framework. 

ENOUGH IS ENOUGH

The management of nuclear waste in Australia has always involved a profound disrespect for the rights and interests of Aboriginal First Nations.

This history dates from the British atomic bomb tests in the 1950s and ‘60s, and scandal-plagued ‘clean-ups’ of contaminated test sites in subsequent decades.

For the past 30 years, successive governments have attempted to override opposition from Aboriginal communities to impose nuclear waste dumps.

Since 2021, federal and state governments have passed legislation disempowering Aboriginal people in order to advance the AUKUS nuclear submarine project.

Enough is enough. This racial discrimination must end now.

NATIONAL RADIOACTIVE WASTE MANAGEMENT ACT

The National Radioactive Waste Management Act 2012 (NRWMA) is the Commonwealth legislation governing the management of civil (non-military) nuclear waste. The NRWMA permits the imposition of radioactive waste facilities even if affected First Nations people were not consulted and did not provide consent. Further, the NRWMA includes clauses which nullify state/territory laws that protect the archaeological or heritage values, and curtails the application of Commonwealth laws including the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Native Title Act 1993.

The approach of successive governments – enshrined in the authoritarian, racist NRWMA – has not only been immoral and racist, but it has been unsuccessful. First Nations people in SA and the NT have defeated four attempts to impose a national nuclear waste dump on their land.

AUKUS NUCLEAR SUBMARINES

A significant roadblock to ending patterns of radioactive racism is the AUKUS nuclear submarine project pursued by successive governments since 2021. One of the key areas of concern under the AUKUS agreement is that Australia has committed to manage all radioactive waste generated from the nuclear-powered submarine program within Australia. The waste that Australia will be left to deal with includes high-level radioactive waste, which requires an extra level of management, security, and political support.’

The AUKUS project is being pursued with no regard to the rights and interests of affected Aboriginal people. The federal Labor government has secured passage of legislation through parliament allowing it to impose any AUKUS-related facilities ‒ including nuclear waste stores and dumps ‒ on Aboriginal land without consultation or consent. State laws providing feeble Aboriginal heritage protections and land rights are overridden by new federal laws.

FREE, PRIOR AND INFORMED CONSENT

Aboriginal people and their allies are working to enshrine the principle of free, prior and informed consent in legislation and to enshrine the principles outlined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in legislation. Article 29 of the UNDRIP states: “States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.”

Efforts to enshrine UNDRIP principles in legislation were given a boost by Dr. Marcos Orellana, the UN Special Rapporteur on Human Rights and Toxics, who visited Australia in 2023. The Special Rapporteur‘s recommendations included the following:

“(a) Amend the National Radioactive Waste Management Act to explicitly reflect the United Nations Declaration of the Rights of Indigenous Peoples and the right of free, prior and informed Consent of Indigenous Peoples; 

(b) Provide adequate compensation and assistance to those affected by radiation exposure from nuclear testing, particularly Indigenous Peoples; 

(c) Provide further assistance to affected communities and further environmental remediation in relation to the atomic tests conducted by the British Government on Australian territory.”

A legislated commitment to free, prior and informed consent is a necessary starting-point for all future discussions about radioactive waste management in Australia. It is already government policy – though not legislated – in South Australia.

The federal government’s 2026 ‘Draft Australian Radioactive Waste Management Framework​’ notes that Australia has “endorsed the United Nations Declaration on the Rights of Indigenous Peoples and supports its principles as a guiding international framework.”

But relevant legislation – the NRWMA and AUKUS legislation – systematically disempowers and dispossesses First Nations people and is diametrically opposed to UNDRIP principles.

RECOMMENDATIONS

1. Amend the National Radioactive Waste Management Act

All clauses in the NRWMA which disempower First Nations should be repealed. Further, the authoritarian provisions of the Act – not least the unbridled power it gives to the relevant Minister – much be addressed.

The NRWMA must enshrine the principle of free, prior and informed consent for First Nations peoples.

The federal government should adopt the recommendations of Federal Parliament’s Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs in its November 2023 report on the Inquiry into the UNDRIP in Australia. That includes the recommendation that the federal government ensure its approach to developing legislation and policy should be consistent with the UNDRIP and that a National Action Plan should be developed to implement, and assess compliance with, the UNDRIP. The government should also implement the Committee’s recommendation that the Human Rights (Parliamentary Scrutiny) Act 2011 be amended to include the UNDRIP in the definition of ‘human rights’ so that it be formally considered when scrutinising legislation.

2. Amend AUKUS legislation

ANFA opposes the AUKUS nuclear submarine project. If the government pursues the dangerous and obscenely expensive AUKUS project, relevant legislation disempowering and dispossessing First Nations peoples must be immediately amended to remove racist clauses. Further, the principle of free, prior and informed consent must be enshrined in relevant legislation.

3. Clean up contaminated sites

Further environmental remediation is required at the Maralinga and Emu Field atomic bomb test sites, and further research into residual radioactive contamination at the Montebello Islands is also necessary.

Other contaminated sites also require remediation, such as the Port Pirie uranium treatment plant and the Radium Hill site.

Thanks for considering my submission.