SA: State to appeal nuclear dump ruling

AAP General News (Australia)
12-11-2003
SA: State to appeal nuclear dump ruling

ADELAIDE, Dec 11 AAP - The South Australian government will appeal a Federal Court
ruling allowing a nuclear waste dump to be built in the state's far north.

SA Environment and Conservation Minister John Hill today said legal advice from the
Crown Solicitor indicated there were grounds to appeal the ruling.

The Federal Court this week rejected the state's argument the Commonwealth government
acted unfairly in the compulsory acquisition of land at a sheep station near Woomera for
the proposed low-level radioactive waste dump.

The federal government acquired the land under a provision of urgency, denying the
state the right to object.

The urgency stemmed from the fact the state government had introduced a bill to the
SA parliament seeking to make the site a public park, which would have prevented it from
being used as a dump.

Mr Hill today said the appeal would be made on the grounds the court erred in determining
the Commonwealth could deny natural justice under the Land Acquisitions Act.

"This appeal is about more than the Commonwealth trying to force a radioactive waste
dump on South Australians, it's about insisting on the right of a landowner, whether it's
the state or an individual, to have a say in what is done with its land," Mr Hill said.

"If we allow the Commonwealth to take South Australian land without notice or an opportunity
to respond then who knows where it will end."

Mr Hill said the appeal was expected to cost $20,000-$30,000, bringing the state's
total cost of the legal action to about $60,000, including Commonwealth legal costs which
the Federal Court had ordered the state to pay.

"If the appeal to the Full Federal Court is successful the state government will no
longer be liable for the Commonwealth's costs in the original Federal Court case," Mr
Hill said.

The appeal was expected to be heard by April.

AAP la/sl/tma/de

KEYWORD: NUCLEAR

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