Opposing uranium mining in Brisbane, 1976–78

Jessica Harrison

The mid-1970s was an inspiring time to be active against nuclear madness. As well as the formation of grassroots organisations calling for a moratorium on uranium mining, there were protests, strikes and direct action by unionists. In 1976 in Townsville, a railway worker was sacked after he refused to couple carriages heading to the Mary Kathleen uranium mine. After walk-offs across northern Queensland, he was reinstated. A 24-hour strike by Melbourne wharfies closed the port after police on horses attacked a protest against a ship carrying uranium exports.

In 1976, Friends of the Earth (FoE) Brisbane moved office to the Learning Exchange in Boundary St, West End. I lived and worked there, so I jumped head first into the anti-uranium campaign. Mary Kathleen uranium mine near Mt Isa had re-opened in 1974, and uranium was transported in shipping containers down the east coast railway line. At the Learning Exchange, we started getting calls from railway workers, warning us that uranium was heading south to the Brisbane wharves. A small radioactive symbol was the only marking on the shipping containers carrying uranium.

Our first rally was on the railway line where we blocked the uranium containers from entering the wharf gate. We were roughly dragged off by the cops and the train went in.

Next time, we needed better tactics to delay the export. Peter T and I rode his motorbike to the outer suburbs of Brisbane and hid beside the railway line. After we spotted the containers coming though, we headed to a shunting yard to find out about container movements. It was 3am when we walked into the canteen − we were welcomed with “you must be from Friends of the Earth!” Then the railway workers told us the most likely timing and route for the containers.

Meanwhile, the wharfies let us know that once we were on the wharves, all work would stop for health and safety reasons. But how to get onto the wharves at short notice? I had noticed a stormwater drain near the fence. One night, with a storm brewing, two of us crawled along the drain. It was so narrow that I could only move one knee at a time. As stormwater dribbled along the bottom of the drain, we hoped it would not suddenly increase due to the storm. Then disappointment − the wharf end of the drain was cemented shut!

Ah well, we had other ideas. We camped along the fence, prepared with padlocks to lock the gates against the cops driving in, while we pre-planned our access – over, under, or through holes in the wharf fence. Some people hid in the wharfies’ toilets. The new plan worked well – plenty of people ran in and hid on the wharves, amongst the containers. I climbed up between two container stacks and spent a boring few hours waiting to be found. Only when I joined another activist for a chat did we both get arrested and shoved into a cop van. We rocked the van enthusiastically until the cops threatened us.

About 12 people were arrested and fined for this action – the cops found an obscure charge for me – “being found unlawfully in an enclosed space”.

The Special Branch cops were so arrogant that they swapped around their court appearances at their whim. Their favourite technique for unnerving us was to greet us by name when we arrived at demos, then follow us home or try to provoke another excuse for arrest. Returning from a postering and graffiti run, we found the cops parked diagonally in the street, checking the front door of the Learning Exchange without getting out of their car. The anti-uranium action at the wharf was later dramatised by the cops – we were said to have swum the river to launch our “assault”!

Bjelke-Peterson and his National Party cronies would not allow any delays of uranium export, so in September 1977 we were told: “don’t bother applying for permits to march – you won’t get them”. The subsequent civil liberties campaign took over our lives and led to many more arrests − more than 1800 during 17 Brisbane marches. On 22 October 1977, I was one of 418 “right-to-march” demonstrators arrested – but that’s another story.

The Ranger uranium mine in the Northern Territory also concerned us, in solidarity with the Aboriginal communities threatened with the mine on their ancestral land. The same year, around Christmas time, we occupied the Rio Tinto office and presented them with an Australian-shaped ‘yellowcake’ – the faces of the office workers blanched as we arrived, singing one of our many anti-uranium songs (to the tune of ‘Hernando’s Hideway’)

The people up in Arnhem Land

Are threatened to lose all their land

The miners they are right on hand – be damned, it’s not their &*^%$ land – olé

Dollars, dollars, dollars and cents – we’ll sell uranium to France and Uncle Sam

Dollars, dollars, dollars and cents – just one question and the answer isn’t clear – how to store the waste for half a million years.

After moving to the UK in the 1980s, Peter and I climbed the ‘Old Man of Coniston’, a Cumbrian mountain above the Windscale/Sellafield nuclear plant. It was a sobering thought that Australian uranium could be powering this risky nuclear power plant, the scene of many radioactive pollution ‘incidents’.

The direct action tactics we used in Brisbane in the 1970s are just as useful today – after all, we all live in Blocadia.

From Chain Reaction #123, April 2015, national magazine of Friends of the Earth, Australia, www.foe.org.au/chain-reaction

FoE exposes uranium cartel in 1976

Wieslaw Lichacz

A huge jump in the uranium price occurred in the mid-1970s, thanks to a cartel known as the Uranium Club. The cartel was exposed by Friends of the Earth (FoE). It was disbanded and out of court settlements resulted in some club members paying about $800 million in penalties.

FoE had grappled with the Ranger Uranium Environmental Inquiry since September 1975 in a David and Goliath battle against highly-paid lawyers, company officials, senior government department representatives and corporate public relations consultants.

At the time, Chain Reaction carried generic appeals from FoE’s ‘Leak Bureau’ asking corporate or governmental whistle-blowers to provide information. In the dying days of the Ranger Inquiry we received a phone call from someone who had just flown from Melbourne to Sydney. We were asked to come to a secret location in a terrace house near the Oxford Street Police Station to see some important ‘luggage’ he had brought from Melbourne. We were told not to tell anyone where we were going.

When we got there, we were confronted with a large box full of original files and documents leaked to FoE from the offices of Mary Kathleen Uranium Mining Pty Ltd.

The leaked company files had evidence of:

  • shoddy environmental practices
  • close surveillance of environmental organisations
  • the close relationship between ACTU president Bob Hawke and the chair of Conzinc Riotinto Australia (CRA), Sir Roderick Carnegie
  • the complicity of Australian government officials in providing advice to mining companies on how to avoid important nuclear non-proliferation safeguards treaties to sell uranium to places like Taiwan (which was not a signatory to the Nuclear Non-Proliferation Treaty) via “Toll Processing” in the US.

The Uranium Club

The files also revealed a uranium producers’ group called the “Uranium Club”. It consisted of the key Australian and other non-US uranium producers. The Club appeared to have been established with the primary aim of artificially increasing the price of uranium from about US$7 per pound to a lofty US$45−50 per pound from 1972 to 1974 in order to squeeze nuclear power producers and US uranium suppliers.

John Proud of Peko-Wallsend (one of the original joint venturers of the Ranger Uranium Mining Company Pty Ltd with the federal government before the government sold its share) was coordinator of the club at the March 1976 meeting of companies and government bureaucrats. The notes of that meeting finish with the statement: “Mr Proud stressed the need for extreme secrecy”.

FoE planned to simultaneously release these documents around the world. We knew that we would need multiple copies. The NSW Environment Centre in Broadway, Sydney, had three photocopiers and we were going like gangbusters. We burnt out one older copier in a puff of smoke! But we kept going with the remaining machines as the bright orange sunrise burnt through the narrow windows over the top of our lone desk in the far corner of the environment centre.

The original documents now had to be re-stapled back into their original state to submit to the Ranger Inquiry as primary evidence.

The first set of copies, wrapped up in brown paper as personal luggage, were immediately taken to the airport, to be hand-delivered to the Californian Energy Commission in San Francisco. The Commission was primed to pass on the documents to the US Justice Department and the US media.

Back-up copies were placed in a locker at Central Railway Station across the road from the Ranger Inquiry, with the key given to one of our office workers with whistle-blowing instructions if something went wrong with our plans. The other set was on the back of a pushbike peddled by an intrepid FoE activist, always on the move – a veritable moving target for the authorities!

We took a big box of the original documents to the Ranger Inquiry. But we had to get through the filter of the inquiry counsel assisting, John Cummins QC. During the gruelling two years or so of the Inquiry from September 1975 to 1977, the counsel assisting the inquiry went out of his way to preclude evidence presented by environmentalists as ‘inadmissible’.

We were in the corridor of the Old Gas Light Building waiting for the counsel assisting to consider the documents behind closed doors. The wall clock was stuck on 3:33 for the duration of the inquiry – for a moment time had stopped for us too! Our lawyers became very worried with the time the counsel assisting was taking and we had visions of NSW Special Branch and ASIO officers marching down the corridors with handcuffs jingling and no escape for us. We would be thrown into Katingal maximum security prison, the keys thrown away and we would never see the sun ever again!

I hammered on the counsel assisting’s door, pushing it open with my shoulder to see what he was doing. Inside some of the documents were spread over his desk. He was on the phone and looked very embarrassed and hung up quickly. He told us in no uncertain terms that to admit these documents now would mean re-opening the inquiry for another nine months and re-calling witnesses. He would not allow that as the government had given the order for the inquiry to wind up. No more extensions of time, he insisted.

Counsel assisting the inquiry rejected our case to admit the documents as exhibits during the final submission hearings. It is quite likely that the commissioners and their advisers never saw this critical primary evidentiary material.

This is only the beginning of a much bigger story that ran on for many years right into the mid-1980s and beyond. Many of the details are covered in books (listed below) written by former Australian Trade Practices Commissioner George Venturini.

Cartel shut down

The cartel story was published in The National Times in its August 16–21 1976 edition, causing serious embarrassment to the government and the uranium cartel members that included RTZ, RioAlgom, CRA, Mary Kathleen Uranium Mining (the only company producing uranium in Australia at the time), Electrolytic Zinc, Peko-Wallsend, Pancontinental, Noranda Uranium Mining and Queensland Mines.

On August 30, once the Californian Energy Commission released the documents in San Francisco, the story broke internationally, and it was splashed across the front pages of major financial papers and dailies around the world over the next few days.

The scheduled Uranium Club meetings in New York were immediately cancelled. The US Justice Department had issued subpoenas for the company executives who were named in the documents and other members of the cartel to appear before a Grand Jury any time they set foot in US. Future meetings scheduled for Paris were also cancelled and the Uranium Club was disbanded.

A person purporting to represent Westinghouse tried unsuccessfully to bribe FoE to get the documents, stating that “price was no object” and that through Westinghouse’s contacts in the Marcos regime, a Filipino environmentalist on death row would be recommended for a pardon by President Marcos.

Through our carefully laid out plan, many of the documents were ultimately placed on the US Congressional Record for all to see despite the Australian inquiry counsel refusing to admit them.

Litigation by Westinghouse and General Electric against the members of the cartel picked up momentum in the US courts and eventually flowed into Australian courts. The conservative Fraser government passed legislation in November 1976 – the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976 – to prevent FoE or anyone else from providing any further documentary evidence against the uranium mining companies from Australia. The Act was described in a Chain Reaction editorial as “one of the most corrupt pieces of legislation to go on to the Australian statutes”.

Westinghouse finally settled out of court with the uranium cartel participants for damages in excess of US$800 million to make up for its losses due to the artificially inflated price of uranium supplied over four years and some punitive damages for breaching the US Sherman Antitrust Act.

Meanwhile, the Ranger Inquiry concluded that the nuclear power industry was unintentionally leading to an increased risk of nuclear war. The Inquiry recommended caution and consultation, but its findings were misrepresented by the government as a green light for uranium mining. John Howard was promoted to Minister for Special Trade Negotiations and was responsible for using uranium trade as a lever to gain better access to European markets. Then in 1980, Bob Hawke switched from being a pro-uranium trade union leader to a pro-uranium politician. And the rest is history …

Wieslaw Lichacz was a foundation member of FoE in NSW and continued with activist work that included Ambassador of the Atom Free Embassy for 18 months outside Lucas Heights. He represented FoE at the Ranger Inquiry for two years. He is now working on international climate change issues.

More information:

− Stannard, Bruce, The National Times, 16−21 August 1976, pp 1, 3−4, 44.

− Venturini, George, 1980, “Malpractice − The Administration of the Murphy Trade practices Act”, Sydney: Non Mollare. Discussed at tinyurl.com/u-howard

− Venturini, George, 1982, “Partners in Ecocide: Australia’s complicity in the uranium cartel”, Victoria: Rigamarole Books. Reviewed by Evan Jones at tinyurl.com/u-cartel

− Senz, Deborah and Hilary Charlesworth, “Building Blocks: Australia’s Response to Foreign Extraterritorial Legislation”, http://beta.austlii.edu.au/au/journals/MelbJIL/2001/3.html

− Dalton, Les, May 2006, “The Fox Inquiry: Public Policy Making in Open Forum”, Labour History, Vol.90, tinyurl.com/u-dalton

− Finch, James, 2006, “Is This Uranium Bull Market For Real?”, tinyurl.com/u-finch. (Note: The author is incorrect in his assertion that FoE “offered Westinghouse additional documents if the nuclear power plant manufacturer would help the environmental group release jailed members in the Philippines”.)

− Lichacz, Wieslaw, 2006, Submission to the UMPNER Inquiry, tinyurl.com/wl-sub

− Lichacz, Wieslaw, 2004, Submission #82 to the Senate Inquiry into Environmental Regulation of Uranium Mining, tinyurl.com/wl-sub-u

From Chain Reaction #123, April 2015, national magazine of Friends of the Earth, Australia, www.foe.org.au/chain-reaction

Response to Barry Brook / Corey Bradshaw’s ‘open letter to environmentalists’

Nuclear power and biodiversity – don’t forget WMD proliferation!

Jim Green, 18 Dec 2014, The Ecologist

http://www.theecologist.org/News/news_analysis/2680005/nuclear_power_and_biodiversity_dont_forget_wmd_proliferation.html

Nuclear energy is essential to preserve the world’s biodiversity, according to 69 conservation scientists. But there’s a mysterious omission in their analysis, writes Jim Green: nuclear weapons proliferation. And after a major exchange of nuclear bombs, and the ‘nuclear winter’ that would follow, exactly how much biodiversity would survive?

A group of conservation scientists has published an open letter urging environmentalists to reconsider their opposition to nuclear power. The letter is an initiative of Australian academics Barry Brook and Corey Bradshaw. The co-signatories from 14 countries “support the broad conclusions drawn in the article ‘Key role for nuclear energy in global biodiversity conservation’, published in Conservation Biology.”

The open letter states: “Brook and Bradshaw argue that the full gamut of electricity-generation sources – including nuclear power – must be deployed to replace the burning of fossil fuels, if we are to have any chance of mitigating severe climate change.”

So, here’s my open letter in response to the open letter initiated by Brook and Bradshaw:

Dear conservation scientists …

If you want environmentalists to support nuclear power, get off your backsides and do something about the all-too-obvious problems associated with the technology. Start with the proliferation problem since the multifaceted and repeatedly-demonstrated links between the ‘peaceful atom’ and nuclear weapons proliferation pose profound risks and greatly trouble environmentalists and many others besides.

The Brook / Bradshaw journal article emphasises the importance of biodiversity – but even a relatively modest exchange of some dozens of nuclear weapons could profoundly effect biodiversity, and large-scale nuclear warfare undoubtedly would.

The Brook / Bradshaw article ranks power sources according to seven criteria: greenhouse gas emissions, cost, dispatchability, land use, safety (fatalities), solid waste, and radiotoxic waste. WMD proliferation is excluded. By all means ignore lesser concerns to avoid a book-length analysis, but to ignore the link between nuclear power and weapons is disingenuous and the comparative analysis of power sources is a case of rubbish in, rubbish out.

Integral fast reactors

While Brook and Bradshaw exclude WMD proliferation from their comparative assessment of power sources, their journal article does address the topic. They promote the ‘integral fast reactor‘ (IFR) that was the subject of R&D in the US until was abandoned in the 1990s. If they existed, IFRs would be metal-fuelled, sodium-cooled, fast neutron reactors.

Brook and Bradshaw write: “The IFR technology in particular also counters one of the principal concerns regarding nuclear expansion – the proliferation of nuclear weapons – because its electrorefining-based fuel-recycling system cannot separate weapons-grade fissile material.”

However Brook’s claim that IFRs “cannot be used to generate weapons-grade material” is false. George Stanford, who worked on an IFR research program in the US, states: “If not properly safeguarded, [countries] could do [with IFRs] what they could do with any other reactor – operate it on a special cycle to produce good quality weapons material.” IFR advocate Tom Blees notes that: “IFRs are certainly not the panacea that removes all threat of proliferation, and extracting plutonium from it would require the same sort of techniques as extracting it from spent fuel from light water reactors.”

Brook and Bradshaw argue that “the large-scale deployment of fast reactor technology would result in all of the nuclear waste and depleted uranium stockpiles generated over the last 50 years being consumed as fuel.” Seriously? An infinitely more likely outcome would be some fast reactors consuming waste and weapons-useable material, while other fast reactors and conventional uranium reactors continue to produce such materials.

The reality of fast reactor technology

The Brook/Bradshaw article ignores the sad reality of fast reactor technology: over US$50 billion invested, unreliable reactors, numerous fires and other accidents, and one after another country abandoning the technology.

Moreover, fast reactors have worsened, not lessened, proliferation problems. John Carlson, former Director-General of the Australian Safeguards and Non-proliferation Office, discusses a topical example: “India has a plan to produce such [weapon grade] plutonium in fast breeder reactors for use as driver fuel in thorium reactors. This is problematic on non-proliferation and nuclear security grounds. Pakistan believes the real purpose of the fast breeder program is to produce plutonium for weapons (so this plan raises tensions between the two countries); and transport and use of weapons-grade plutonium in civil reactors presents a serious terrorism risk (weapons-grade material would be a priority target for seizure by terrorists).”

The fast reactor techno-utopia presented by Brook and Bradshaw is theoretically attractive. Back in the real world, there’s much more about fast reactors to oppose than to support.

Creative accounting

Brook and Bradshaw also counter proliferation concerns with the following argument: “Nuclear power is deployed commercially in countries whose joint energy intensity is such that they collectively constitute 80% of global greenhouse-gas emissions. If one adds to this tally those nations that are actively planning nuclear deployment or already have scientific or medical research reactors, this figure rises to over 90%. As a consequence, displacement of fossil fuels by an expanding nuclear-energy sector would not lead to a large increase in the number of countries with access to nuclear resources and expertise.”

The premise is correct − countries operating reactors account for a large majority of greenhouse emissions. But even by the most expansive estimate − Brook’s − less than one-third of all countries have some sort of weapons capability, either through the operation of reactors or an alliance with a nuclear weapons state. So the conclusion − that nuclear power expansion “would not lead to a large increase in the number of countries with access to nuclear resources and expertise” − is nonsense and one wonders how such jiggery-pokery could find its way into a peer-reviewed journal.

The power-weapons conundrum is neatly summarised by former US Vice-President Al Gore: “For eight years in the White House, every weapons-proliferation problem we dealt with was connected to a civilian reactor program. And if we ever got to the point where we wanted to use nuclear reactors to back out a lot of coal … then we’d have to put them in so many places we’d run that proliferation risk right off the reasonability scale.”

Safeguards

The Brook / Bradshaw article adds one further comment about proliferation: “Nuclear weapons proliferation is a complex political issue, with or without commercial nuclear power plants, and is under strong international oversight.”

They cite a book by the committed IFR advocate Tom Blees in support of that statement. But Blees argues for the establishment of an international strike force on full standby to attend promptly to any detected attempts to misuse or to divert nuclear materials. That is a far cry from the International Atomic Energy Agency’s safeguards system. In articles and speeches during his tenure as the Director General of the IAEA from 1997-2009, Dr Mohamed ElBaradei said that the Agency’s basic rights of inspection are “fairly limited”. The safeguards system suffers from “vulnerabilities” and “clearly needs reinforcement”, he went on, while efforts to improve the system had been “half-hearted”, and the safeguards system operated on a “shoestring budget … comparable to that of a local police department”.

Blees doesn’t argue that the nuclear industry is subject to strong international oversight – he argues that “fissile material should all be subject to rigorous international oversight” (emphasis added). This conflation between reality and wishful thinking is a recurring feature of Barry Brook’s nuclear advocacy.

Strengthening safeguards

Of course, the flaws in the nuclear safeguards system are not set in stone. And this gets me back to my original point: if nuclear lobbyists want environmentalists to support nuclear power, they need to get off their backsides and do something about the all-too-obvious problems such as the inadequate safeguards system.

Environmentalists have a long record of working on these problems and the lack of support from nuclear lobbyists has not gone unnoticed.

To give an example of a topical point of intervention, Canada has agreed to supply uranium and nuclear technology to India with greatly reduced safeguards and non-proliferation standards, and Australia seems likely to follow suit. Those precedents will likely lead to a broader weakening of international safeguards – and make it that much more difficult for nuclear lobbyists to win support from environmentalists and others. The seriousness of the problem has been acknowledged by, among others, a former Chair of the IAEA Board of Governors and a former Director-General of the Australian Safeguards and Non-proliferation Office. It is a live debate in numerous nuclear exporting countries and there isn’t a moment to lose.

To mention just one more point of intervention, the separation and stockpiling of plutonium from power reactor spent fuel increases proliferation risks. There is virtually no demand for the uranium or plutonium separated at reprocessing plants, and no repositories for the high-level waste stream. Yet reprocessing continues, the global stockpile of separated plutonium increases year after year and now stands at around 260 tons. It’s a problem that needs to be solved; it’s a problem that can be solved.

Endorsing the wishful thinking and misinformation presented in the Brook / Bradshaw journal article is no substitute for an honest acknowledgement of the proliferation problems associated with nuclear power, coupled with serious, sustained efforts to solve those problems.


Conservation, Proliferation and Responsible Science

No2NuclearPower

nuClear news No.70, January 2015

www.no2nuclearpower.org.uk/nuclearnews/NuClearNewsNo70.pdf

A group of academics have argued that nuclear power is essential to save the planet from climate change, and preserve the world’s biodiversity. But there’s a mysterious omission in their analysis, writes Jim Green of Friends of the Earth Australia: nuclear weapons proliferation. And after a major exchange of nuclear bombs, and the ‘nuclear winter’ that would follow, exactly how much biodiversity would survive? (1)

Dr Green also attacks the paper for endorsing fast breeder reactor technology as the solution to climate change. He says that the “fast reactor techno-utopia presented by Brook and Bradshaw is theoretically attractive”, but has already been tried unsuccessfully, and cannot be made to work in the real world. (2)

Greenpeace UK chief scientist Dr Doug Parr commenting on the plea from the academics for environmentalists to support nuclear power said: “The ‘next generation’ of nuclear reactors are always clean, safe, cheap and just over the horizon. But, mysteriously, the reactors that get built are always the exact opposite. By contrast, photovoltaics are clean, safe, getting cheaper by the day and available now. They can be installed in heavily populated cities, on dual-use agricultural land and even in shallow water. And no-one will lie awake at night worrying about terrorists getting access to a solar panels or wind farms.” (3)

Put very simply, says David Elliott, Emeritus Professor of Technology Policy at the Open University, the academics argue that nuclear has lower land-use per unit of energy produced than renewables and so will leave more space for biodiversity. This assessment, like some of the other analysis in the paper, is debatable. It’s true that some renewables are land-hungry, biomass especially, but that is not the case for offshore wind, wave and tidal stream or roof-top solar. And although onshore wind farm sites may be relatively large, the land around the wind turbines can be farmed or left wild. It has also been claimed that solar farm arrays on land can actually increase local biodiversity – protecting the area from other uses. By contrast with nuclear, it is not just the area of the plants and their security zones that has to be considered, but also the impact of uranium mining and fuel production and waste disposal activities. These activities and the operation of nuclear plants also have impacts beyond just land-use. The release of radioactive materials has a significant potential for long term damage to cellular and possibly genetic material and to the health of ecosystems. That is not the case with renewables. (4)

Norwich Green Party point out (5) that according to recent research published by Stanford University greenhouse gas emissions from the nuclear cycle can be up to 25 times higher per unit than wind power. (6) While Ian Ralls of Cambridge FoE says 70 per cent of carbon dioxide (CO2) emissions is not produced by electricity so nuclear power wouldn’t make much difference. How about universal free household insulation for example, or proper integrated public transport? Both much cheaper, more effective and would have a greater positive impact on people’s lives.

1. Ecologist 18th Dec 2014 http://www.theecologist.org/News/news_analysis/2680005/nuclear_power_and_biodiversity_dont_forget_wmd_proliferation.html

2. Climate News Network 26th Dec 2014 http://www.climatenewsnetwork.net/professors-plead-greens-accept-nuclear-power/

3. Edie 6th Jan 2015 http://www.edie.net/news/6/Nuclear-power-good-or-bad-for-the-environment-UK-report-2015/

4. ResponsibleSci blog, 9 January 2015 http://www.sgr.org.uk/resources/nuclear-power-still-not-good-bet

5. Independent on Sunday, 11 January 2015 http://www.independent.co.uk/voices/letters/ios-letters-emails–online-postings-11-january-2015-9970239.html

6. See http://www.mng.org.uk/gh/nn.htm#CO2

If irradiated food is glowingly good – why not label it?

Robin Taubenfeld

From Chain Reaction #122, Nov 2014, www.foe.org.au/chain-reaction

Over the past two years Food Standards Australia New Zealand (FSANZ) has supported a push to significantly expand the list of foods allowed to be irradiated in Australia and New Zealand. At the same time, irradiation proponents have been embarking on a cynical marketing strategy to reduce consumer resistance to irradiated food, namely, the removal of mandatory labelling requirements.

The Ministerial Forum on Food Regulation (FoFR) has now asked FSANZ to undertake a “review” of mandatory labelling requirements for irradiated food. In correspondence to Senator Nick Xenophon, Health Minister Fiona Nash states the purpose of the review is to “assess whether there are better ways to communicate the safety and benefits of irradiated food to consumers.”

In December 2013 correspondence with Food Irradiation Watch, Victorian Minister for Agriculture and Food Safety Peter Walsh stated: “The review has been requested to assess whether this is a more effective approach to communicate the safety and benefits of irradiation to consumers. The FoFR noted that improving consumer confidence in irradiation will reduce disincentives for increased uptake and broader application of the technology by industry.”

The words are telling. Since the lifting of a hard-won 10-year moratorium on irradiation that lasted until 1999, FSANZ has been taking up the gauntlet as an irradiation promoter rather than a non-biased adjudicator. Now, labelling has been identified as an impediment to “uptake” of the technology.

Despite FSANZ’s support, however, numerous scientific reports question the safety or wholesomeness of irradiated food. At best, scientific opinion around irradiation remains divided. There is no data to support the claim that irradiated food has been proven safe, as no long-term studies of human consumption of irradiated food have been carried out.

The Australian and New Zealand public have demonstrable, known and legitimate concerns about irradiation. In recent polling in New Zealand − where irradiated Australian produce is being marketed – 72% of respondents expressed concern.1 Since the lifting of the moratorium in 1999, Australians − and their counterparts overseas – have shown ongoing resistance to irradiated food which has been expressed by opposition to food irradiation applications, rejection by informed consumers of irradiated foods on the market, community campaigns to close irradiation plants, and community campaigns to support local and organic agriculture.

Research commissioned by irradiation supporters reveals little public awareness about irradiation and consumer hesitation to support it. An overview of some of the issues appeared in The Land on July 31. It clearly articulates retailers concerns about consumer perception of irradiation.

The article reveals market research into inaccurate or deceptive statements such as “cold sterilisation” which would make irradiation more palatable to the consumer. Survey results showed that even when informed, irradiation was not the preferred treatment method among consumers. The market research also found that retailers have expressed concern over public resistance to the very term ‘irradiation’ and a consumer backlash against irradiated products.

Paul Harker from Woolworths is quoted in The Land article: “It’s going to be an extremely emotional product and we are not going to stand alone trying to convince Australian consumers that there is nothing wrong with irradiation. We’ve communicated that back to industry and we said unless there is a concerted campaign that is led not only by the people peddling irradiation as an alternative, but unless the government and everyone else is involved in actually talking to the customer about it, the last thing I am going to do is plonk it on my shelf because I can tell you that fresh produce sales will die. People won’t shop there.”

The demand for irradiated products should be driven by consumers making informed and intentional decisions to purchase such products. Irradiators who are confident that their products are wholesome, healthy and desirable should be proud to label their products irradiated and let the market play out.

With Australia and New Zealand set to dramatically increase the amount of irradiated foods available on the market and in people’s diets, the push to remove mandatory labelling and signage requirements is unacceptable and must be stopped.

To find out what you can do, please visit: www.foodirradiationwatch.org

References:

1. www.nzherald.co.nz/opinion/news/article.cfm?c_id=466&objectid=10892295

2. www.theland.com.au/news/agriculture/horticulture/general-news/irradiation-pros-and-cons/2665981.aspx?storypage=0

Small Modular Reactors

Philippines presentation, June 2024

Small Modular Reactors and ‘Advanced’ or ‘Generation IV’ Reactor Concepts, 31-page FoE Australia briefing paper, June 2023

Small modular nuclear reactors: a history of failure (Nov. 2023 article)

An important 2024 analysis of SMRs by Dr. Edwin Lyman from the Union of Concerned Scientists notes that much of the promotion of SMRs is “rooted in misinformation”.

Institute for Energy Economics and Financial Analysis (IEEFA), May 2024, ‘Small Modular Reactors: Still too expensive, too slow and too risky

PowerPoint — Small Modular Reactors (Nov. 2023)

2023 Directory of SMR projects (nuClearNews)

Institute for Energy Economics and Financial Analysis, Feb. 2022, ‘NuScale’s Small Modular Reactor: Risks of Rising Costs, Likely Delays, and Increasing Competition Cast Doubt on Long-Running Development Effort‘. Too late, too expensive, too risky and too uncertain.

Prof. M.V. Ramana, 2020, ‘Eyes Wide Shut: Problems with the Utah Associated Municipal Power Systems Proposal to Construct NuScale Small Modular Nuclear Reactors‘.

Further research by Prof. MV Ramana on SMRs and see also Prof. Ramana’s university webpage.

Small nuclear reactors, huge costs, Oct. 2021 article in RenewEconomy

Exposing ‘small modular reactor’ economic misinformation from Ben Heard and other nuclear lobbyists (June 2020 article in RenewEconomy)

Small modular reactors and the nuclear culture wars, Aug 2019 article in RenewEconomy

Sept. 2019 – Australian environment groups’ submission to federal nuclear power inquiry (lots on nuclear economics, ‘generation IV’ concepts, small modular reactors etc).

Aug. 2019 – 65-page Friends of the Earth submission to federal nuclear inquiry, specifcally on ‘small modular reactors’

2019 Nuclear Monitor feature on SMRs:

To read or download the PDF click here.

Small modular reactors: an introduction and an obituary ‒ Small reactors: past and present ‒ Why the hype? ‒ Skepticism ‒ The SMR ‘hype cycle’ ‒ An obituary

The forgotten history of small nuclear reactors

SMR economics: an overview ‒ Fundamental problems ‒ Market size ‒ Costs per MWh ‒ Learning curve ‒ SMRs as ‘affordable luxuries’, diseconomies of scale ‒ Standardized modular rhetoric

SMR cost estimates, and costs of SMRs under construction

No-one wants to pay for SMRs: US and UK case studies

Are thousands of new nuclear generators in Canada’s future?

Small modular reactors and nuclear weapons proliferation ‒ Power/weapons connections ‒ The military origins of SMR programs ‒ Small reactors and proliferation ‒ SMRs as the proliferator’s technology of choice ‒ The proliferation risks associated with different SMR designs ‒ Uranium enrichment ‒ Plutonium reactors ‒ Safeguards and security

A military bromance: SMRs to support and cross-subsidize the UK nuclear weapons program

SMRs to power military installations and forward bases in the United States

SMR safety issues

Generation IV nuclear waste claims debunked

mPower: an obituary

High-temperature, gas-cooled zombie SMRs

Vale Eileen Wani Wingfield, 1920-2014

From Chain Reaction #122, Nov 2014, www.foe.org.au/chain-reaction

After an amazing life fighting for country and culture Kokatha Elder Eileen Wani Wingfield passed away at her home in Port Augusta on August 8, 2014. Mrs Wingfield will be widely remembered and acknowledged for her contribution to the nuclear-free and peace movements in Australia and worldwide.

Living her life in the South Australian desert, Mrs Wingfield experienced first-hand the effects of the British military’s nuclear weapons tests at Emu Fields and Maralinga during the 1950s and 1960s. Motivated by this injustice, she dedicated her life to protecting her country and future generations from the effects of the nuclear industry. In the early 1980s Mrs Wingfield lay down in front of bulldozers at Cane Grass Swamp in opposition to the Olympic Dam uranium mine’s construction.

Joining other senior desert women in the early 1990s, Mrs Wingfield played a leading role in the Kupa Piti Kungka Tjuta who fought and won a fight against the federal government’s plan to build a nuclear waste dump in the SA desert. Feeling disempowered by broken promises and the general lack of respect, Mrs Wingfield co-wrote to government officials working on the government nuclear waste dump “consultation” process that “it’s just like our words went in the wind”.

Ensuring that their voices were heard, Mrs Wingfield and the Kunga Tjuta wrote to “greenies” and shortly after travelled to Melbourne to attend the Global Survival and Indigenous Rights conference hosted by Friends of the Earth Melbourne in 1998. Here a strong alliance between environmentalist, particularly non-Aboriginal women and the Kunga Tjuta was formed. What followed was years of travel and campaign commitments that raised the profile of the issue and ultimately created a political wedge between the South Australian government and its federal counterparts. Throughout the Kunga Tjuta reiterated the message that “We’ve got the story of the land.”

Not one to mince words, Mrs Wingfield was both an advocate for her desert Country, espousing the life and culture it contained and resisting the view of it as a barren and lifeless. But the changes to her Country weighed heavy. She once stated “I think everything is ruined. I think the (ground) water level would have dropped. There’s very few bush tucker now. I think it’s the bomb and dynamites going off and everything. The country’s not the same.”

The worry for country, the concern for her children and future generations and the risk that practices handed down from her ancestors could be broken, kept Mrs Wingfield active. “We learned from the bedside of our Kokatha and Arabunna Old People. This is what we want to pass on to our younger generations – to keep the culture and the land alive and to keep them alive themselves”. Her role in protecting Country was recognised in 2003 when Mrs Wingfield was co-recipient of the International Goldman Award for the ‘protection of environment’. This prestigious prize has been dubbed the “greenie Nobel Prize” and is awarded annually to “grass-roots environmental heroes” from six geographic regions. Despite ill-health and extensive cultural and family commitments, Mrs Wingfield travelled to San Francisco to attend the official award ceremony and completed a 10-day tour in the US attending news conferences, media briefings and high-level meetings.

Mrs Wingfield continued her anti-nuclear work long after the nuclear waste dump was scrapped for South Australia. She was a regular guest on Friends of the Earth’s annual Radioactive Exposure Tour and often travelled with family to sit by the campfire to retell her stories once again to aspiring greenies and long-term activist colleagues. It was here she often handed over a big bucket of prized Irmangka Irmangka − a bush medicine ointment that anti-nuclear campaigners would take back to Melbourne, divide and sell as a fundraiser. It was practical and generous donation that continued for many years.

Mrs Wingfield was a formative member of the Alliance against Uranium which later became the Australian Nuclear Free Alliance (ANFA). In 2009 she became the honorary president. Mrs Wingfield stood in solidarity with communities from Northern Territory in their incredible efforts to stop nuclear waste being dumped in their lands and with many other Aboriginal people also facing the results or prospect of uranium mining. “It’s all for the wellbeing of the land; its against uranium and the radioactive dump.” Her contribution to ANFA’s meetings over many years helped grow and shape the alliance and she will be dearly missed.

Mrs Wingfield was a mother to 13 children, beloved grandmother of 51 grandchildren, great grandmother of 64 and great-great grandmother of 19. Alongside these extensive family and cultural responsibilities, Mrs Wingfield tirelessly spent her life travelling to attend forums and events; lobbying politicians and addressing students, tour groups and the general public. She worked within her local community and with numerous environmental groups from around Australia. She was cofounder of several committees and corporations, including the Kokatha Mula Aboriginal Corporation which was party to recent Native Title determinations in the Gawler Ranges and the Roxby Downs Area. Mrs Wingfield received many awards for her efforts, was featured in documentaries and was the author of three books. She was as an amazing artist who enjoyed painting and of course a committed activist. Her resilience, passion and dedication remains an inspiration to everyone that met her.

Mrs Wingfield was laid to rest in Port Augusta on August 29. Family, friends and environmentalists travelled from afar to pay respects and say goodbye. A vibrant anti-nuclear flag flew strong in the gentle wind over the hundreds of mourners gathered in the cemetery. It was a colourful reminder of her life’s work and the future we can all aspire to. Rest in Peace.

Former safeguards office director John Carlson attacks Australia-India uranium agreement

Two articles below by John Carlson, a Fellow at the Lowy Institute who was Director-General of the Australian Safeguards and Non-Proliferation Office from 1989 to 2010.

Carlson’s insights make for a sharp contrast with the disgraceful, dangerous propaganda peddled by Lowy Institute staffer Rory Medcalf.

Update – Nov 2014: to read Mr Carlson’s submissions (and other submissions) to the Joint Standing Committee on Treaties click here.


Is the Abbott Government abandoning Australia’s nuclear safeguards standards for India?

John Carlson, 1 October 2014

http://www.lowyinterpreter.org/post/2014/10/01/Is-the-Abbott-Government-abandoning-Australias-nuclear-safeguards-standards-for-India.aspx

The signing last month of a civil nuclear cooperation agreement between Australia and India has been greeted as an important step towards closer relations between the two countries, as well as bringing India into the global nuclear energy mainstream. These are worthy objectives, but not at any cost.

Now that the text of the agreement has been quietly made public, some substantial departures from Australia’s current safeguards conditions are evident. These suggest, disturbingly, that Australia may be unable to keep track of what happens to uranium supplied to India.

In this post I will explain what is wrong with the Australia-India nuclear cooperation agreement and why it appears that the Abbott Government may be abandoning Australia’s longstanding safeguards requirements for India. In a subsequent post I will explain what can and should be done about it.

Negotiations for the agreement began under the Gillard Government in 2012, after Labor came around to an in-principle acceptance of uranium exports to India provided they were properly safeguarded. This was always going to be contentious, primarily because of Australia’s longstanding policy against supplying uranium to countries outside the Nuclear Non-Proliferation Treaty (NPT).

It is short-sighted and self-defeating to make the agreement even more contentious by compromising Australia’s safeguards standards. This will jeopardise bipartisan support for the agreement, raising the prospect of future governments suspending exports under it. It will also expose the agreement to potential legal challenge under the 1987 Safeguards Act, and it risks re-opening the wider uranium debate in Australia. None of this is in the interests of the Australian or Indian governments or of the nuclear industry in either country.

Two documents are critically important here. First, let’s look more closely at the agreement itself. It departs in the following ways from Australia’s standard requirements on countries receiving our uranium:

Consent to reprocessing – reprocessing, involving separation of plutonium from spent fuel, is the most sensitive stage of the nuclear fuel cycle. To date Australia’s consent to reprocessing has been limited to the EU and Japan, and has been given on what is called a programmatic basis, i.e. Australia has approved the specific ‘downstream’ facilities using separated plutonium and the purposes involved. In this agreement, however, Australia has effectively given consent in advance for India to reprocess in accordance with an ‘arrangements and procedures’ document India concluded with the US in 2010. This covers safeguards at two reprocessing plants which India plans to build, but includes only a vague reference to management of plutonium, and nothing corresponding to programmatic consent;

Right of return – Australia’s standard conditions include a right for Australia to require the return of material and items if there is a breach of an agreement. This agreement contains no such provision;

Fallback safeguards – Australia’s standard condition is that, if for any reason IAEA (International Atomic Energy Agency) safeguards cease to apply, the parties are to establish safeguards arrangements that conform with IAEA safeguards principles and procedures and provide equivalent assurance. This agreement requires only that the parties consult and agree on ‘appropriate verification measures’, a vague term readily open to differing interpretations;

Settlement of disputes – Australia’s standard requirement is for negotiation, backed by an arbitration process. This agreement refers only to negotiation, with no mechanism for resolving deadlock.

Even more consequential than the agreement itself may be a second, follow-on text that the public may never get to see, a so-called ‘administrative arrangement’ which sets out the working procedures for the agreement. Officials are presumably working on this at present. The key question here is, will this administrative arrangement enable Australia to track and account for the nuclear material that is subject to the agreement with India?

The administrative arrangement should set out detailed procedures for identifying and accounting for the specific nuclear material to which the agreement applies. This includes not only the initially-supplied Australian uranium, but all subsequent generations of material derived from it, especially plutonium. If it is not possible to apply the agreement’s provisions to specific material, the agreement will be meaningless.

To be effective, these procedures need to include a requirement for regular reports to Australia showing the flow of material under the agreement through the nuclear fuel cycle in India. Australia needs to be able to track and account for this ‘Australian-obligated nuclear material’. This is both a proper public expectation and a legal requirement under section 51 of the Safeguards Act.

Bipartisan support for, and public acceptance of, uranium exports is based on the assurance that Australia is able to track our material and determine that our conditions are being met. Australia’s safeguards requirements were developed by the Fraser Government, are in line with international standards, and have been applied under all our safeguards agreements ever since – today we have 22 agreements covering 40 countries.

Disturbingly, it is reported that Indian officials will not provide Australia with reports accounting for material under the agreement, and that the Abbott Government seems prepared to waive this requirement for India. The same issue has arisen under India’s arrangements with the US and Canada. In response, Washington has held firm: the US-India administrative arrangement has been outstanding for several years; reportedly the US is insisting on receiving tracking information and India is refusing.

In the case of Canada, the Harper Government gave in to India, an outcome described as the ‘meltdown of Canadian non-proliferation policy‘. The Canadian Government refuses to reveal the details of its arrangement. If Australia follows Canada down this path, it will put the wrong kind of pressure on the US, the EU and Japan in their own dealings with India.

Apparently India considers that its acceptance of IAEA safeguards should be good enough. But India’s refusal to provide reports on Australian supplied material calls into question whether India will in fact identify and account for this material, as required by the agreement. If India will account for this material, the additional effort in providing reports to Australia should cause India no problem. However if it will not account for the material, India will be in breach of the agreement.

Why is India being so difficult on this issue? India has an expanding nuclear weapon program. It has not fully separated its military and civilian nuclear programs and some facilities are still dual-purpose. India’s safeguards agreement with the IAEA does not impose the same restrictions as bilateral agreements in areas such as reprocessing, higher enrichment, retransfers to third countries, research and development or the production of tritium (which has uses in nuclear weapons).

If India succeeds in delinking foreign-obligated nuclear material from individual bilateral agreements, making it impossible to identify which batch of material is covered by which agreement, then India could work a ‘pea and thimble’ trick in which no supplier could tell whether their material was being used contrary to bilateral conditions. The mere possibility of this is sufficient to call into question India’s commitment to observing bilateral agreements.

Without proper reporting, Australia has no way of knowing whether India is in reality meeting its obligations to identify and account for all the material that is subject to the agreement, and to apply Australia’s safeguards conditions to this material. It is not good enough to simply say that we trust India because it has an ‘impeccable’ non-proliferation record (and India’s record in any case is not ‘impeccable’).The reporting procedures are not optional; they are fundamental to Australia’s ability to confirm that our safeguards conditions are being met. They have long applied to close and trusted partners such as the US, the EU, Japan and South Korea. There is absolutely no case to waive them for India.

John Carlson AM is a Nonresident Fellow at the Lowy Institute. He was Director General of the Australian Safeguards and Non-Proliferation Office and its predecessor the Australian Safeguards Office from 1989 to 2010.


Australia-India nuclear deal: The need for full parliamentary scrutiny

John Carlson, 1 October 2014

http://www.lowyinterpreter.org/post/2014/10/01/Australia-India-nuclear-deal-The-need-for-full-parliamentary-scrutiny.aspx

In a previous post, I pointed out how the Australia-India nuclear cooperation agreement departs from Australia’s longstanding safeguards requirements. In particular, there is a risk that the follow-on ‘administrative arrangement’ could deprive Australia of the ability to track and account for Australian uranium supplied to India.

It is not too late to address this problem in a way that ensures the agreement is meaningful and can command bipartisan support in Australia. There will be a crucial role here for the Australian Parliament’s Joint Standing Committee on Treaties (JSCOT), which will have the opportunity to scrutinise the agreement and to ask the necessary and difficult questions about the administrative arrangement.

Here there are two practical issues: the administrative arrangement has not yet, as far as we know, been negotiated, so it will not be available when JSCOT commences its review of the agreement; and in any case it is the usual practice to treat administrative arrangements as being confidential.

The Abbott Government should proceed no further with the agreement unless it can give an assurance that all of Australia’s longstanding safeguards requirements will be met. Of course, the Government may try to dismiss any discussion of the administrative arrangement as being merely speculation. The problem is that, in considering the potential impact of such a confidential document, the public and the Parliament may never know the facts. Yet, a way needs to be found to ensure that a confidential document does not negate the effective operation of a treaty-level agreement.

Therefore, when the agreement is brought to JSCOT for review, the Committee should insist on examining the terms of the proposed administrative arrangement. If necessary, given the sensitivities, this can be done in a closed session. The key question for JSCOT will be whether the terms of the administrative arrangement will enable Australia to confirm that its safeguards conditions are fully met and that Australian uranium and other nuclear material subject to the India agreement is properly accounted for.

This may take some time. The Committee may need to withhold its final conclusions on the agreement until the text of the administrative arrangement is available. It would help if the Government were to make the text publicly available.

Both major parties in Australian politics now support the principle that Australia should be able to sell uranium to India to help it meet its energy needs, subject to proper safeguards. However, a nuclear agreement with India should be on the same conditions Australia applies to our other partners, not terms dictated by India.

Even some supporters of closer Australia-India ties have made the point that safeguards should discriminate neither against India nor for it. Australia has demonstrated good faith to India by reversing our longstanding policy with respect to the NPT and signing a civil nuclear agreement. It is up to India to demonstrate good faith by accepting the same safeguards arrangements as all our other nuclear partners.

John Carlson AM is a Nonresident Fellow at the Lowy Institute. He was Director General of the Australian Safeguards and Non-Proliferation Office and its predecessor the Australian Safeguards Office from 1989 to 2010.


Australia’s uranium agreement with India under attack

Jim Green, Online Opinion, 8 Oct 2014

www.onlineopinion.com.au/view.asp?article=16752&page=0

The federal government’s plan to permit uranium sales to India has been subjected to a strong critique by the former Director-General of the Australian Safeguards and Non-Proliferation Office (ASNO), John Carlson.

Others to have raised concerns include former Defence Department Secretary Paul Barratt, and Ron Walker, former Chair of the International Atomic Energy Agency (IAEA) Board of Governors. But Carlson’s critique carries particular weight given his 21 years experience as the head of Australia’s safeguards office.

Carlson notes that the civil nuclear cooperation agreement signed by Australia and India in September contains “substantial departures from Australia’s current safeguards conditions” which suggest “that Australia may be unable to keep track of what happens to uranium supplied to India.”

Carlson writes: “Disturbingly, it is reported that Indian officials will not provide Australia with reports accounting for material under the agreement, and that the Abbott Government seems prepared to waive this requirement for India. … The reporting procedures are not optional; they are fundamental to Australia’s ability to confirm that our safeguards conditions are being met. They have long applied to close and trusted partners such as the US, the EU, Japan and South Korea. There is absolutely no case to waive them for India.”

The failure to provide regular reports “will also expose the agreement to potential legal challenge under the 1987 Safeguards Act”, Carlson writes. (Another problem, not mentioned, is that nuclear material could be diverted and reports falsified. There is little likelihood that the falsification of reports would be detected.)

Carlson notes that provisions for ‘fallback safeguards’ in the event of IAEA safeguards ceasing to apply are vague and open to differing interpretations.

There are many concerns other than those noted by Carlson. The IAEA−India safeguards agreement is on the public record, if only because it was leaked, and it is clear from the agreement that safeguards inspections are few and far between. A leaked IAEA document states that the IAEA “will not mechanistically or systematically seek to verify” information obtained from India.

Underpinning this entire debate is an infuriating secrecy. For example, it seems reasonable that we should be able to find out how often IAEA safeguards inspections are carried out in India, which facilities have been inspected, and whether any accounting discrepancies were detected. But national governments refuse to supply that information and the IAEA itself only releases aggregate information on the number of inspections carried out across three countries − India, Pakistan and Israel.

Carlson notes that the ‘administrative arrangement’ which will append the nuclear cooperation agreement may be “even more consequential than the agreement itself” as it sets out the working procedures for the agreement. But the Australian public will never get to see the administrative arrangement. And the Australian public will never be able to find out any information about the separation and stockpiling of weapons-useable plutonium in India; or nuclear accounting discrepancies (‘Material Unaccounted For’); or even the quantity of Australian uranium (and its by-products) held in India.

Even if strict safeguards were in place, uranium sales to India would create an intractable problem: uranium exports freeing up India’s domestic reserves for weapons production. K. Subrahmanyam, former head of the India’s National Security Advisory Board, has said that: “Given India’s uranium ore crunch and the need to build up our minimum credible nuclear deterrent arsenal as fast as possible, it is to India’s advantage to categorise as many power reactors as possible as civilian ones to be refuelled by imported uranium and conserve our native uranium fuel for weapons-grade plutonium production.”

And even if strict safeguards were in place, uranium sales to India would create another intractable problem: we are setting a poor precedent by selling uranium to a country that is expanding its nuclear weapons arsenal and its missile capabilities, and refuses to sign the Nuclear Non-Proliferation Treaty (NPT) or the Comprehensive Test Ban Treaty (CTBT).

Ron Walker, former Chair of the IAEA Board of Governors, wrote in a 2007 paper: “India is a democracy and yes we want to be in their good books, but that is no reason to drop our principles and our interests. To make an exception for them would be crass cronyism. If you make exceptions to your rules for your mates, you weaken your ability to apply them to everyone else. How could we be harder on Japan and South Korea if they acquired nuclear weapons? Could we say Israel is less of a mate than India?”

US-led efforts to open up international nuclear trade with India have already weakened the global non-proliferation and disarmament regime − for example, it has encouraged China to openly and actively support the nuclear program of Pakistan, another nuclear weapons state that has not signed the NPT or the CTBT.

India’s Public Accounts Committee said in a report last year that the country’s nuclear safety regime is “fraught with grave risks” and that the nuclear regulator is weak and under-resourced. In 2012, India’s Auditor-General found that 60 per cent of safety inspections for operating nuclear power plants were either delayed or not undertaken at all.

The pay-off for going down this dangerous path will be negligible. Claims of mega-profits from uranium exports to India ignore readily-available facts. According to the World Nuclear Association, India’s uranium demand this year will amount to just 913 tonnes – just 1.4 per cent of world demand. If Australia supplies 20 per cent of that demand, uranium export revenue will increase by 3 per cent.

Likewise, claims that the nuclear cooperation agreement will indirectly boost bilateral trade by fostering trust and goodwill ignore readily-available facts. Bilateral trade grew from $3.3 billion at the turn of the century to more than $20 billion in 2011, despite Australia’s ban on uranium exports to India and other countries that have not signed the NPT. Since the uranium policy was overturned in 2011, bilateral trade has gone backwards and now stands at $15 billion.

The nuclear cooperation agreement will be scrutinised by federal parliament’s Joint Standing Committee on Treaties. The Committee may rubber-stamp the agreement, but that is not certain. The Committee rejected a similar agreement to sell uranium to Russia when it learnt that IAEA safeguards inspections in Russia are nearly non-existent. The Committee said it is “essential that actual physical inspection by the IAEA occurs at any Russian sites that may handle” Australian uranium and that uranium exports “should be contingent upon such inspections being carried out.” That doesn’t seem much to ask yet the Labor government − with Coalition support − ignored the Committee’s recommendations.

Jim Green is the national nuclear campaigner with Friends of the Earth, Australia.

FoE articles on uranium sales to India

Uranium Sales to India

Jim Green, Chain Reaction #122, Nov 2014, www.foe.org.au/chain-reaction

The federal government’s plan to permit uranium sales to India has been subjected to a strong critique by the former Director-General of the Australian Safeguards and Non-Proliferation Office (ASNO), John Carlson. Others to have raised concerns include former Defence Department Secretary Paul Barratt, and Ron Walker, former Chair of the International Atomic Energy Agency (IAEA) Board of Governors. But Carlson’s critique carries particular weight given his 21 years experience as the head of Australia’s safeguards office.

Carlson notes that the civil nuclear cooperation agreement signed by Australia and India in September contains “substantial departures from Australia’s current safeguards conditions” which suggest “that Australia may be unable to keep track of what happens to uranium supplied to India.”

Carlson writes: “Disturbingly, it is reported that Indian officials will not provide Australia with reports accounting for material under the agreement, and that the Abbott Government seems prepared to waive this requirement for India. … The reporting procedures are not optional; they are fundamental to Australia’s ability to confirm that our safeguards conditions are being met. They have long applied to close and trusted partners such as the US, the EU, Japan and South Korea. There is absolutely no case to waive them for India.”

The failure to provide regular reports “will also expose the agreement to potential legal challenge under the 1987 Safeguards Act”, Carlson writes. (Another problem, not mentioned, is that nuclear material could be diverted and reports falsified. There is little likelihood that the falsification of reports would be detected.)

Carlson notes that provisions for ‘fallback safeguards’ in the event of IAEA safeguards ceasing to apply are vague and open to differing interpretations.

There are many concerns other than those noted by Carlson. The IAEA−India safeguards agreement is on the public record, if only because it was leaked, and it is clear from the agreement that safeguards inspections are few and far between. A leaked IAEA document states that the IAEA “will not mechanistically or systematically seek to verify” information obtained from India.

Carlson notes that the ‘administrative arrangement’ which will append the nuclear cooperation agreement may be “even more consequential than the agreement itself” as it sets out the working procedures for the agreement. But the Australian public will never get to see the administrative arrangement. And the Australian public will never be able to find out any information about the separation and stockpiling of weapons-useable plutonium in India; or nuclear accounting discrepancies (‘Material Unaccounted For’); or even the quantity of Australian uranium (and its by-products) held in India.


Race to export uranium to India only has a booby prize

Jim Green, The Courier-Mail, 8 Sept 2014

http://www.couriermail.com.au/news/opinion/opinion-race-to-export-uranium-to-india-only-has-a-booby-prize/story-fnihsr9v-1227050580065

CLAIMS about the potential economic benefits of uranium sales to India are laughable.

Michael Angwin from the Australian Uranium Association claimed that Australia could sell 2500 tonnes of uranium annually to India by 2030, generating export sales of $300 million. A 2011 report in the Fairfax press claimed that uranium sales to India could generate $1.7 billion in annual exports.

Such claims ignore readily available facts. According to the World Nuclear Association, India’s uranium demand this year will amount to just 913 tonnes – just 1.4 per cent of world demand. If Australia supplies 20 per cent of that demand, uranium export revenue will increase by 3 per cent.

Vanessa Guthrie from Adelaide-based uranium explorer Toro Energy, who is accompanying Prime Minister Tony Abbott on his trip to India, claims that by 2018-19 the uranium industry could generate 10,000 jobs. But according to the most generous estimate, that of the World Nuclear Association, uranium mining and exploration account for just 1700 jobs in Australia – that’s 0.015 per cent of all jobs. So Guthrie anticipates a sixfold expansion in just five years, at a time when global nuclear power capacity is stagnant? That’s laughable. Mr Abbott may struggle to keep a straight face as Guthrie dishes up this nonsense in India.

But there’s nothing funny about other aspects of the proposal to sell uranium to India. It is foolish and dangerous to sell uranium to a country that is actively expanding its nuclear weapons arsenal and refuses to sign the Nuclear Non-Proliferation Treaty or the Comprehensive Test Ban Treaty.

And there’s nothing funny about brutal state repression of many thousands of Indian citizens protesting against nuclear projects, including the murder of at least five people.

The hopeless mismanagement of India’s nuclear industry would be funny if it wasn’t so serious. India’s Public Accounts Committee said in a report last year that the country’s nuclear safety regime is “fraught with grave risks” and that the nuclear regulator is weak and under-resourced. In 2012, India’s Auditor-General found that 60 per cent of safety inspections for operating nuclear power plants were either delayed or not undertaken at all.

And there’s nothing funny about the risks arising from domestic and regional political tensions in India. To give just one example, transport of uranium to the Uranium Corporation of India Ltd processing plant was suspended in May after an ore-laden truck was torched by Maoists.

Prime Minister Abbott is promising “suitable safeguards” to ensure that Australian uranium remains in peaceful use in India. But Australia has no authority or capacity to carry out safeguard inspections in India – we are entirely reliant on the International Atomic Energy Agency (IAEA). The IAEA−India safeguards agreement is on the public record, if only because it was leaked, and it is clear from the agreement that inspections will be few and far between, if indeed there are any inspections at all.

Even if IAEA inspections do occur in India, another problem looms: uranium exports freeing up India’s domestic reserves for weapons production. K. Subrahmanyam, former head of the India’s National Security Advisory Board, has said that: “Given India’s uranium ore crunch and the need to build up our minimum credible nuclear deterrent arsenal as fast as possible, it is to India’s advantage to categorise as many power reactors as possible as civilian ones to be refuelled by imported uranium and conserve our native uranium fuel for weapons-grade plutonium production.”

Directly or indirectly, Australia will be fuelling a nuclear arms race in South Asia … for a pittance in return.


Gillard’s uranium sales push will have dangerous fall-out

Canberra Times, 15 Nov 2011

http://www.canberratimes.com.au/federal-politics/editorial/gillards-uranium-sales-push-will-have-dangerous-fallout-20111115-1v1g0.html
Prime Minister Julia Gillard’s arguments in favour of uranium sales to India are dangerous and dishonest. She fails to even acknowledge the crucial problem – India’s refusal to sign the Nuclear Non-Proliferation Treaty. The NPT is the main international nuclear treaty and is routinely described by Australian political leaders as the ”cornerstone” of the non-proliferation system. The NPT has its flaws, not least the failure of the nuclear weapons states to take seriously their disarmament obligations, but that is no reason to junk the treaty or to disregard it.
On the contrary, the NPT needs much greater support. The least we should expect is that Australia maintains its policy of requiring uranium customer countries to be NPT signatories and to take seriously their NPT obligations.
The United States and some other countries have opened up nuclear trade with India in recent years. Thus the NPT has already been damaged and weakened. But that is no justification for Australia to weaken it further. According to the nuclear lobby, Australia is now isolated in its stance. Nothing could be further from the truth – only a minority of countries support the opening up of nuclear trade with countries that refuse to sign the NPT. The 118 countries of the Non-aligned Movement voiced strong objections during the NPT Review Conference in New York last year.
The events set in train by the opening up of nuclear trade with India have been disastrous from a non-proliferation standpoint. They have led to an escalating nuclear arms race between India and Pakistan, and a weakening of the global non-proliferation and disarmament regime which others are now exploiting (e.g. China’s plan to supply reactors to Pakistan).
Another serious problem is that the precedent set by nuclear trade with India increases the risk of other countries pulling out of the NPT and building nuclear weapons with the expectation that nuclear trade would continue. As former Australian ambassador Professor Richard Broinowski notes: ”The sale of Australian uranium to India would signal to some of our major uranium customers, such as Japan and South Korea, that we do not take too seriously their own adherence to the NPT. They may as a result walk away from the NPT and develop nuclear weapons without necessarily fearing a cut-off of Australian supplies.”
Prime Minister Gillard argues that ”we must, of course, expect of India the same standards we do of all countries for uranium export – strict adherence to International Atomic Energy Agency arrangements and strong bilateral undertakings and transparency measures that will provide assurances our uranium will only be used for peaceful purposes.”
Such claims are uninformed or dishonest. The International Atomic Energy Agency safeguards agreement with India does not provide for comprehensive or full-scope safeguards. Safeguards apply only to that part of the nuclear program that India considers surplus to military ”requirements”. IAEA safeguards inspections in India will at best be tokenistic and will most likely be non-existent (as they are in Russia – another of Australia’s uranium customer countries). Moreover, even if a rigorous safeguards regime was in place in India (and it most certainly is not), that would in no way undo the damage done to the NPT by opening up nuclear trade with countries that refuse to sign and abide by the treaty.
Prime Minister Gillard argues that ”as in other areas, broadening our [uranium] markets will increase jobs”. However, if Australia supplied one-fifth of India’s current demand, uranium exports would increase by a measly 1.8per cent. Even if all reactors under construction or planned in India come on line, Australia’s uranium exports would increase by just 10per cent. That level of uranium exports might – might – support one very small, additional uranium mine employing a few dozen people. Much more likely, exports would come from existing mines and no additional jobs would be created.
Uranium exports will do nothing to reduce greenhouse emissions in India, twice over. Firstly, because uranium supply is no constraint to nuclear power expansion in India. Secondly, because renewables and energy efficiency could very easily substitute for India’s nuclear program.
Australia has uranium export agreements with nuclear weapons states flouting their NPT disarmament obligations; countries with a history of secret nuclear weapons research; countries that refuse to sign and ratify the Comprehensive Test Ban Treaty; countries blocking progress on the proposed Fissile Material Cut-Off Treaty; and undemocratic, secretive states with appalling human rights records. Now the Prime Minister proposes ditching the requirement for uranium customer countries to be NPT signatories.
Delegates to the ALP national conference in December should stop the rot and take a principled stand. Media reports assume that the Right faction of the Labor Party will fall in behind the Prime Minister. But the Labor Right has a history of splitting on uranium debates.
Indeed one of the most outspoken MPs opposing a change of policy with respect to uranium exports to India has been Kelvin Thomson from the Right.


Promises and U-turns of the nuclear kind

ABC Opinion 18 Nov 2011

http://www.abc.net.au/news/2011-11-18/green-promises-and-u-turns/3680602

The nuclear lobby has been softening us up for years to the idea of selling uranium to nuclear-armed India. They’ve promised the world – and delivered nothing.
This con-job began with the US-India nuclear cooperation agreement concluded in 2008. Proponents of the agreement promised non-proliferation and disarmament concessions from India but the opposite occurred. India did not commit to nuclear weapons disarmament or even to a process that would – or might – lead to disarmament in the long term. India did not commit to sign and ratify the Comprehensive Test Ban Treaty (CTBT). India has not stopped producing fissile (explosive) material for nuclear weapons nor has it committed to doing so.
There is no restraint on India building new, unsafeguarded reactors or other facilities for its weapons program. India did not commit to comprehensive safeguards inspections. India is able to divert more of its own uranium to weapons and the net result of the US-India agreement has been to boost India’s capacity to produce fissile material for weapons.
Proponents of the US-India agreement resorted – and continue to resort – to dishonest arguments. These include the claim that India’s ‘moratorium’ on nuclear tests is a victory although it was in place before the US-India negotiations (and before India’s 1998 weapons tests!) and is clearly no substitute for signing and ratifying the CTBT.
India’s willingness to separate its peaceful and military programs is portrayed as a successful outcome, but it does not constrain India’s nuclear weapons program in any way and is part of a process which legitimises India’s weapons program and facilitates its expansion.
The mantra that India has a good track record on nuclear non-proliferation beggars belief. India is a nuclear weapons state, tested weapons in 1974 and 1998, violated its pledge not to use a Canadian-supplied research reactor to produce plutonium for weapons, refuses to sign the Nuclear Non-Proliferation Treaty (NPT) or the CTBT, has a history of illicit nuclear procurement and inadequate nuclear export controls, and continues to expand its nuclear weapons and missile capabilities. Could India possibly have a worse record?
The events set in train by the opening up of nuclear trade with India have been disastrous from a non-proliferation standpoint. They have led to an escalating nuclear arms race between India and Pakistan, and a weakening of the global non-proliferation and disarmament regime which others are now exploiting – an important example being China’s plan to supply reactors to Pakistan in the wake of the US-India agreement.
As Opposition Leader in 2007, Kevin Rudd argued against uranium sales to India with the prescient warning that: “No-one in Australia wants a nuclear arms race aided by us in the Indian sub-continent or between India and China because we’ve failed to properly ensure the upholding of the NPT and the [International Atomic Energy Agency] safeguards regime under it.”
Another serious problem is that the precedent set by nuclear trade with India increases the risk of other countries pulling out of the NPT, and building nuclear weapons with the expectation that civil nuclear trade would continue.
What steps could Australia take to extricate us from the current mess – the South Asian nuclear arms race, and the broader problem of nuclear proliferation?
Option #1 is to leave uranium in the ground. It’s not as radical an idea as it might sound. Uranium accounts for a paltry 0.3 per cent of national export revenue and 0.03 per cent of Australian jobs. Few would notice if the industry vanished and still fewer would miss it.
Option #2 is to apply current government policy – restricting supply to countries that have signed the NPT. A variation of that option would be to restrict supply to NPT signatories that are serious about their non-proliferation and disarmament obligations – that would require a rethink of supply to, for example, the US and China since they have not ratified the CTBT.
Option #3 would be to insist on meaningful concessions from India as a condition of uranium supply.
One condition would be an immediate, verified cessation of the production of fissile material for weapons and agreement that uranium supply would cease immediately if India resumed the production of fissile material for weapons.
A second, important condition would be for India to sign and ratify the CTBT along with a bilateral treaty provision making it clear that uranium supply would cease if India resumed weapons testing. (By way of stark contrast, the US-India agreement contains mind-boggling clauses about the steps to be taken to ensure ongoing nuclear trade even if India does resume weapons testing.)
A third condition would be an end to India’s development and testing of nuclear-capable missiles. Julia Gillard didn’t forewarn Kevin Rudd about her announcement on Wednesday but it’s likely that India was forewarned – and duly celebrated by testing an intermediate-range missile.
Option #4 is to sell uranium to India with no meaningful conditions whatsoever. That is the path that Gillard and Rudd are set upon. There will be some theatre but the intention is to pursue the one and only option that is completely irresponsible and indefensible.
The theatre show will have two parts. Firstly, the ‘robust’ debate at the ALP national conference in Sydney next month. Can’t wait. (By the way, have you heard what Peter Garrett said in response to the Prime Minister’s statement about uranium sales to India? No? Neither have I.)
The second part of the theatre show will be the intrigue as to whether India will agree to the ‘strict’ bilateral conditions that Australia requires of uranium customer countries. The gullible media will follow this in detail without waking up to underlying realpolitik. Rumours of Indian intrasigence will be leaked – just for show. Foreign Minister Rudd, or Prime Minister Gillard, or Prime Minister Rudd, will ride in on a white horse and save the day. India will agree to the bilateral conditions.
Of course India will agree to the bilateral conditions – they aren’t worth the paper they are written on. We insist on prior Australian consent before plutonium is separated from spent fuel arising from Australian uranium. Great – but Australia has never once refused permission to separate plutonium, even when there is a compelling case to do so. We insist on prior Australian consent before enriching uranium beyond 20 per cent uranium-235. Great – but no country has ever asked permission to enrich beyond 20 per cent, and most likely no country would be refused if they did ask.
Of course India will agree to the bilateral conditions – after a bit of theatre.
Precious few Australians would expect anything other than duplicity and deceit from the major parties but we have also been let down by the media. An ABC TV news anchor, for example, asserted as fact that strict safeguards inspections would apply to uranium supplied to India. In truth, International Atomic Energy Agency safeguards will be tokenistic or non-existent – the IAEA has neither the resources nor the inclination to seriously apply safeguards in nuclear weapons states. Senior Fairfax journalists have remained silent on the serious issues – including the very, very serious issue of nuclear proliferation in South Asia – while pumping out a load of ephemeral hoo-ha about internal ALP political machinations.
A bit more thought from the think tanks would also be welcome. The Lowy Institute, for example, has for years been promoting a raft of non-proliferation concessions that could be won in the context of a uranium supply agreement with India. But in the past few days the institute has been enthusiastically promoting uranium sales to India with no mention whatsoever of winning any concessions.
The Institute’s Rory Medcalf promotes uranium sales to India on the grounds that ”Australia has to be more actively engaged in the civil nuclear energy revival globally if we are going to be a credible player in the non-proliferation environment.”
In other words, undermining the NPT − the cornerstone of the non-proliferation regime − is a necessary step towards strengthening that regime. Go figure.


Safeguarding uranium exports to India

Online Opinion, 2 Dec 2011

http://www.onlineopinion.com.au/view.asp?article=12965&page=0
A big part of the PR pitch for uranium sales to nuclear-armed India is the assertion that ‘strict’ safeguards will ‘ensure’ peaceful use of Australian uranium. Sadly, it’s just PR.
The claim sits uncomfortably with the reality that safeguards are based on occasional inspections of some nuclear plants by the International Atomic Energy Agency (IAEA). The claim sits even more uncomfortably with the observations of recently-retired IAEA chief Mohamed El Baradei that the Agency’s basic rights of inspection are “fairly limited”, the safeguards system suffers from “vulnerabilities” and efforts to improve it have been “half-hearted”, and the system operates on a “shoestring budget…comparable to a local police department”.
To give an illustration of the contrast between reality and rhetoric, the Gillard Government takes credit for insisting that all of Australia’s uranium customer countries must have an ‘Additional Protocol’ in place with the IAEA – an agreement which provides for expanded inspection rights. The genesis of that policy is revealing. Australia waited until all of Australia’s uranium customer countries had an Additional Protocol in place before announcing that it was a requirement for all customer countries. We weren’t driving improvements in the international safeguards regime but merely indulging in a cynical, retrospective PR exercise.
What about safeguards in India? Australia has no capacity for independent monitoring and verification. We are entirely reliant on the IAEA. The safeguards agreement between the IAEA and India is on the public record and it certainly doesn’t provide for strict safeguards. It provides for safeguards that will be tokenistic or non-existent.
Arms Control Today thoroughly dissected the IAEA-India safeguards agreement and noted that: “Reporting provisions…not contained in India’s agreement cover information such as nuclear fuel-cycle-related research and development, nuclear-related imports, and uranium mining. The Indian additional protocol also does not include any complementary access provisions, which provide the IAEA with the potential authority to inspect undeclared facilities.”
A leaked 2009 IAEA document states that the IAEA “will not mechanistically or systematically seek to verify” information obtained from India. It makes another statement of relevance to uranium suppliers: “The verification activities in question are not linked to quantitative yardsticks such as inventories of nuclear materials.”
The IAEA document also states: “The frequency and intensity of IAEA inspections shall be kept to the minimum consistent with the aim of improving safeguards.” That is standard diplomatic jargon – it means that safeguards will be infrequent or non-existent except in circumstances where the IAEA wants to test novel safeguards technologies or procedures and India agrees to take part.
Proponents of nuclear trade with India argue that it will bring 65 per cent (14 out of 22) of India’s reactors under safeguards. But it does not curtail India’s nuclear weapons program by 65 per cent − it does not curtail India’s weapons program at all. Nuclear trade will do more to facilitate India’s nuclear weapons program than to curtail it. Safeguards apply only to that part of the nuclear program that India considers surplus to military ‘requirements’. India is free to build new, unsafeguarded reactors or other facilities for its weapons program. The opening up of nuclear trade with India has clearly escalated the South Asian nuclear arms race.
Will safeguards in India be tokenistic or non-existent? No point asking the IAEA or the Australian safeguards office – both organisations are notorious for their secrecy and for failing to respond to questions. What little information is on the public record seems designed to confuse rather than to clarify – specifically, the IAEA provides some aggregate data on the number of inspections carried out in India, Israel and Pakistan but no India-specific information. From 2005-09, 44–50 safeguards inspections were carried out each year in those three countries, but the figure increased to 67 last year. So perhaps safeguards in India will be tokenistic rather than non-existent?
Even if a credible safeguards regime were established to ensure peaceful use of Australian uranium in India – and it won’t – that would in no way undo the damage done to the nuclear non-proliferation regime by permitting uranium sales to countries refusing to sign the Non-Proliferation Treaty.
Nor would a rigorous safeguards regime address another key problem: uranium exports to India freeing up domestic reserves for weapons production. K. Subrahmanyam, former head of the India’s National Security Advisory Board, has said that: “Given India’s uranium ore crunch and the need to build up our minimum credible nuclear deterrent arsenal as fast as possible, it is to India’s advantage to categorize as many power reactors as possible as civilian ones to be refueled by imported uranium and conserve our native uranium fuel for weapons grade plutonium production.”
Which leaves advocates of uranium sales to India with the drug-dealer’s defence: some other countries have abandoned the principle that nuclear trade should be restricted to Non-Proliferation Treaty signatories so Australia might as well follow suit. Yet, as Ron Walker, former Chair of the IAEA Board of Governors, argued last week: “India is a democracy and yes we want to be in their good books, but that is no reason to drop our principles and our interests. To make an exception for them would be crass cronyism. If you make exceptions to your rules for your mates, you weaken your ability to apply them to everyone else. How could we be harder on Japan and South Korea if they acquired nuclear weapons? Could we say Israel is less of a mate than India?”
The alternative course for Australia is to side with the large majority of the world’s countries who want to re-establish and reinforce the principle that nuclear trade should be restricted to countries that have signed the Non-Proliferation Treaty and take seriously their non-proliferation and disarmament commitments.
We could take a principled rather than an unprincipled approach. We could lead rather than follow.


Australia’s bargain basement Boxing Day special on uranium

Online Opinion, 9 Dec 2011

http://www.onlineopinion.com.au/view.asp?article=12991&page=0
How low can Australia go with uranium export policy? Can we match the bargain-basement Boxing Day specials? You bet we can. We now have uranium export agreements with all of the ‘declared’ nuclear weapons states – the U.S., U.K., China, France, Russia – although not one of them takes seriously its obligation under the Non-Proliferation Treaty (NPT) to pursue disarmament in good faith. That weakness, among others, is now being used to justify disregarding the NPT altogether with sales to India. Selling uranium to countries in breach of nuclear non-proliferation and disarmament norms violates Australian government policy and binding Labor platform policy. That’s pretty low.
We claim to have championed the adoption of ‘Additional Protocols’, agreements that provide the International Atomic Energy Agency (IAEA) with somewhat greater powers to uncover covert weapons programs. But we waited until all of our customer countries had an Additional Protocol in place before making it a condition of uranium sales, that’s not leveraging improvements in the safeguards regime, it’s low-brow PR.
We claim to be working to discourage countries from producing fissile (explosive) material for nuclear bombs, yet we export uranium to countries blocking progress on the proposed Fissile Material Cut-Off Treaty. And we give Japan permission to separate and stockpile plutonium although that stockpiling has fanned regional proliferation risks and tensions in North-East Asia for many years.
In 1993, cables from the U.S. Ambassador in Tokyo posed these questions: “Can Japan expect that if it embarks on a massive plutonium recycling program that Korea and other nations would not press ahead with reprocessing programs? Would not the perception of Japan’s being awash in plutonium and possessing leading edge rocket technology create anxiety in the region?”
Australia’s response? We have weakened the previous policy of requiring case-by-case permission to separate and stockpile plutonium, and we now give Japan open-ended permission. That’s pretty low. In theory, Australia has a relatively ‘strict’ policy of requiring Australian consent to separate and stockpile plutonium produced from Australian uranium. In practice we have failed when put to the test and permission to separate plutonium has never once been refused.
We sell uranium to countries with a recent history of weapons-related research. In 2004, South Korea disclosed information about a range of weapons-related R&D over the preceding 20 years. Australia has supplied South Korea with uranium since 1986. We don’t know whether Australian uranium or its by-products were used in any of the illicit research in South Korea. The attitude from the Howard government and its safeguards office was ‘see no evil, hear no evil’.
The 2006 approval to sell uranium to China set another new low: uranium sales to an undemocratic, secretive state with an appalling human rights record (such as jailing nuclear whistle-blowers). That precedent was reinforced with the subsequent approval of uranium sales to Russia (another undemocratic nuclear weapons state, though Russia prefers to deal with dissidents by poisoning them with radioactive polonium).
The Russian agreement set a new low: uranium sales to a country that is very rarely visited by International Atomic Energy Agency (IAEA) safeguards inspectors – just two inspections over the past decade. Federal parliament’s treaties committee recommended against uranium sales to Russia until some sort of safeguards system was put in place, only to have its recommendation ignored.
Another new low with the Russian agreement: we granted permission to Russia to process Australian uranium at a nuclear plant that is entirely beyond the scope of IAEA inspections. The IAEA has no authority to inspect the plant even if it had the resources and the inclination to do so.
The decision to sell to India sets a new low: uranium sales to a country which is outside the NPT altogether and is not subject to the requirement of the ‘declared’ weapons states to pursue nuclear disarmament in good faith. As former Defence Department Secretary Paul Barratt recently said: “The discrimination is in India’s favour, not against it.”
And another low: India would be the only one of Australia’s uranium customers that is definitely continuing to produce fissile material for weapons (China may also be doing so).
And another low: we take pride in Australia’s ‘leadership’ role in the development of the Comprehensive Test Ban Treaty yet we sell uranium to countries that have signed but not ratified the CTBT (the U.S and China) and the government now plans to sell uranium to India, which has neither signed nor ratified the CTBT. The CTBT remains in limbo because those three countries, and a few others, refuse to ratify it.
And another low: if uranium sales to India proceed, it will be the first time since the Cold War that we have sold uranium to a country which is engaged in a nuclear arms race. India and Pakistan have increased the size of their nuclear weapons arsenals by 25-35 per cent over the past year alone. Both continue to develop nuclear-capable missiles. Both are expanding their capacity to produce fissile material. Both refuse to sign or ratify the CTBT.
The India decision marks a low-point in Australia’s international diplomacy. To permit uranium sales with no meaningful commitment by India to curb its weapons program, and to de-escalate the South Asian nuclear arms race, is spineless, irresponsible, dangerous sycophancy.
How low can we go? Plans are in train to sell uranium to the United Arab Emirates, probably followed by other undemocratic state in the Middle East. We were planning uranium sales to the Shah of Iran months before his overthrow in 1979. The Middle East has been (and remains) a nuclear hot-spot with numerous covert nuclear weapons programs – successful, aborted, destroyed or ongoing. The Middle East has also seen numerous conventional military strikes and attempted strikes on nuclear plants, in Iraq (several times), Iran, Israel, and most recently Israel’s strike on a suspected reactor site in Syria.
Short of selling uranium deliberately and specifically for weapons production – as we did after World War II – I don’t think its possible for Australian uranium export policy to sink any lower. I suppose we can take some comfort from that. Sort of. Not really.

Managing Australia’s radioactive waste – need for an independent Commission of Inquiry (Aug 2014)

Managing Australia’s radioactive waste

12 Aug 2014, Jim Green, Online Opinion

www.onlineopinion.com.au/view.asp?article=16583&page=0

How should Australia manage radioactive waste? The short answer is that there is no obvious approach − hence the need for an independent Commission of Inquiry.

This discussion primarily concerns waste produced at the Lucas Heights nuclear research reactor site south of Sydney, operated by the Australian Nuclear Science and Technology Organisation (ANSTO), as well as much smaller volumes produced and/or stored at numerous medical, scientific and military sites. Radioactive waste produced at Australia’s uranium mines, from the use of Australian uranium overseas, and the radioactive contamination of Maralinga and other nuclear bomb test sites, are separate problems.

To date, efforts to find a radioactive waste repository site have been unsuccessful. For the past 15 years, Coalition and Labor governments have attempted a ‘crash though or crash’ approach, attempting to impose a repository first in South Australia and more recently in the Northern Territory − both attempts failed in the face of opposition from Traditional Owners and the wider community.

All options should be considered

Much of the debate assumes the ‘need’ for a central repository. But the option of storing waste where it is produced needs serious consideration. Even if a central repository exists, waste is inevitably stored at the site of production − often for long periods. One government documents suggests that waste stores would be cleared out once every five years if and when a central repository was established, and a government official said waste would be removed from Lucas Heights on an infrequent basis. Thus on-site storage facilities must be adequately monitored and regulated whether or not a central repository exists.

Lucas Heights is a case in point. Measured by radioactivity, well over 90% of the radioactive waste is produced at Lucas Heights and is either stored there already or is at overseas reprocessing plants and destined to be returned to Lucas Heights. Ironically, all of the key proponents of a central repository − including ANSTO itself, the federal government, and the Australian Nuclear Association − have acknowledged that ANSTO can continue to manage its own waste at Lucas Heights, as has the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). ANSTO’s Dr Ron Cameron said: “ANSTO is capable of handling and storing wastes for long periods of time.”

Australia’s nuclear expertise is heavily concentrated at Lucas Heights. Security at Lucas Heights is far more rigorous than has been proposed for remote repository sites. Storage at Lucas Heights would avoid the risks associated with transportation and double-handling. In particular, one of the most incoherent aspects of the NT proposal was that long-lived intermediate-level waste would be trucked from Lucas Heights to Muckaty for above-ground storage, only to be moved again if and when a deep geological repository is established − deep geological disposal being the designated method of disposal for this type of waste by the nuclear industry.

Successive governments have indulged in scare-mongering, talking up the risks of waste allegedly stored in hospital car parks, basements and the like in order to make the case for a central facility. Yet Canberra has also claimed that existing waste stores are safe and that there has never been a single incident of concern.

Canberra hasn’t shown the slightest interest in actually determining whether existing waste stores are adequate and ensuring that any necessary improvements are implemented. Providing an off-site repository option, combined with the federal government’s glaring indifference to the status of existing waste stores, can only encourage poor management practices at existing stores.

That glaring indifference is evident in the following answers (from the federal Department of Education, Science and Tourism (DEST)) to questions (from an environmental NGO) in 2003:

Q: “What plans does the federal government have to upgrade stores since the government repeatedly claims that they are unsafe.”

DEST: “This question should be referred to the appropriate state and territory regulators.”

Q: “Regarding the storage of radioactive waste in 26 towns and suburbs in SA, what number of these stores will still be storing radioactive waste even if the repository project goes ahead because of ongoing waste production?”

DEST: “This question should be directed to the South Australian Environment Protection Authority or to the operators of the existing stores.”

Q: “What plans does the federal government have to upgrade stores since the government repeatedly claims that they are unsafe.”

DEST: “This question should be referred to the appropriate state and territory regulators.”

Complete indifference from DEST in 2003 − and nothing has changed in the past 11 years.

Net benefit

The principle of net benefit is useful to frame the discussion. The NHMRC Code of Practice for the Near-Surface Disposal of Radioactive Waste in Australia (1992) requires that “No practice involving exposures to radiation should be adopted unless it produces sufficient benefit to the exposed individuals or to society to offset the radiological detriment it causes.”

Yet successive federal governments have made no effort whatsoever to attempt to demonstrate a net benefit with their SA and NT repository proposals.

In 2004, ARPANSA held an inquiry into the proposal for a waste repository in SA. A government official was asked to justify the claim that a central repository would reduce the cumulative risk of storing waste. The response was that: “In terms of someone sitting down and doing that risk assessment, that hasn’t been done − the short answer is it hasn’t been done.” The official said that the repository proposal was being pursued on the basis of a “general belief” and another official said it was a “general feeling”.

So the robust concept of net benefit has been replaced with general beliefs and feelings as a basis for public policy. The situation has not changed in the 10 years since the 2004 ARPANSA inquiry − there has been no effort to assess waste management options according to net-benefit principles, not even a superficial attempt.

Prof. Ian Lowe, who sat on the ARPANSA panel which convened the 2004 inquiry, summed up some of the unresolved questions and problems: “DEST told the forum that “Disposal of the waste in a purpose-built national repository will reduce the cumulative risks of storing wastes”, leading to the conclusion that “The community and the environment will benefit”. Questioning revealed that the basis for this assertion is shaky. … There are some difficult issues to be resolved if the applicant is to show that the proposal would provide a net benefit to the community, most obviously including a risk assessment to determine whether the increased risk of collecting and transporting waste is outweighed by the reduced risk of storage at a properly engineered repository; this study should take into account the continuing need for local storage of waste between the proposed disposal campaigns. A professional risk assessment cannot be conducted until a firm waste acceptance plan and transport code are developed.”

Commission of Inquiry

An independent Commission of Inquiry is necessary to untangle the mess created by successive governments. It needs to address basic issues that remain unresolved after all these years − such as a comprehensive inventory of existing waste stockpiles, and the adequacy (or otherwise) of existing waste stores. It needs to thoroughly explore all options for radioactive waste management.

The alternative option is that Canberra could try yet again to impose a repository on an unwilling Aboriginal community, stripping that community of its land rights in the process. In addition to the immorality of that approach, it simply hasn’t worked − it failed in SA and it failed in the NT.

A Commission of Inquiry should learn from overseas experience. Around the world, opinion is shifting in the direction of bottom-up, consultative, consensual approaches to radioactive waste management.

The UK Committee on Radioactive Waste Management notes: “Experience in the UK and abroad clearly demonstrates the failures of earlier ‘top down’ mechanisms (often referred to as ‘Decide−Announce−Defend’) to implement long-term waste management facilities. It is generally considered that a voluntary process is essential to ensure equity, efficiency and the likelihood of successfully completing the process. There is a growing recognition that it is not ethically acceptable for a society to impose a radioactive waste facility on an unwilling community.”

The new approaches emphasising consultation and consent clearly represent a qualitative step forward yet they raise challenges of their own. Examples include:

  • Situations where community consent is forthcoming but proposed sites are sub-optimal on other criteria (meteorological, geological, etc.).
  • Impoverished communities offering land for toxic waste facilities to receive benefits which they ought to be entitled to in the first place (sometimes called ‘radioactive ransom’).
  • Governments may not accept informed community decisions, such as the recent political manoeuvring following a decision in north-east England to reject a proposal for a radioactive waste repository.

Muckaty Traditional Owners defeat Lib-Lab-NLC dump plan

19 June 2014 – fantastic victory for Muckaty Traditional Owners in their battle to stop the imposition of a nuclear waste dump by the federal government! Here are some videos, photos and information.

 

Updates and more info:

www.beyondnuclearinitiative.com

https://twitter.com/hashtag/muckaty

https://www.google.com.au/search?q=muckaty

https://www.facebook.com/beyond.nuclearinitiative.1

Blog of court proceedings www.beyondnuclearinitiative.com/blog

Photos:

http://beyondnuclearinitiative.com/photos/

https://www.facebook.com/beyond.nuclearinitiative.1

https://twitter.com/search?q=%23muckaty&mode=photos

Videos

http://beyondnuclearinitiative.com/video/

http://www.youtube.com/results?search_sort=video_date_uploaded&search_query=muckaty

http://vimeo.com/search?q=muckaty

Audio

http://beyondnuclearinitiative.com/audio/

Radioactive Show 28.06.2014

A week after the win against the Muckaty Nuclear Waste Dump, hear from activists in Melbourne about their reflections on the 7 year campaign. With Michaela Stubbs, Jessie Boylan, Hannah Walters and Gem Romuld this show explores connections between city activists and Traditional Owners standing up for their country in the desert. We consider what we mean by acting in solidarity, and how the win at Muckaty strengthens the broader fight for a nuclear free world.

File Download

– See more at: http://www.3cr.org.au/radioactive/podcast/radioactive-show-28062014#sthash.QJwpyXiv.dpuf

Radioactive Show 28.06.2014

A week after the win against the Muckaty Nuclear Waste Dump, hear from activists in Melbourne about their reflections on the 7 year campaign. With Michaela Stubbs, Jessie Boylan, Hannah Walters and Gem Romuld this show explores connections between city activists and Traditional Owners standing up for their country in the desert. We consider what we mean by acting in solidarity, and how the win at Muckaty strengthens the broader fight for a nuclear free world.

File Download

– See more at: http://www.3cr.org.au/radioactive/podcast/radioactive-show-28062014#sthash.QJwpyXiv.dpuf

Radioactive Show 28.06.2014

A week after the win against the Muckaty Nuclear Waste Dump, hear from activists in Melbourne about their reflections on the 7 year campaign. With Michaela Stubbs, Jessie Boylan, Hannah Walters and Gem Romuld this show explores connections between city activists and Traditional Owners standing up for their country in the desert. We consider what we mean by acting in solidarity, and how the win at Muckaty strengthens the broader fight for a nuclear free world.

File Download

– See more at: http://www.3cr.org.au/radioactive/podcast/radioactive-show-28062014#sthash.QJwpyXiv.dpuf

Radioactive Show 28 June 2014 − A week after the win against the Muckaty Nuclear Waste Dump, hear from activists in Melbourne about their reflections on the 7 year campaign. With Michaela Stubbs, Jessie Boylan, Hannah Walters and Gem Romuld this show explores connections between city activists and Traditional Owners standing up for their country in the desert. File Download or to listen online click here.

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Above: Alice Springs, 19 June 2014.

Above: Dianne Stokes and Nat Wasley

Above: Dianne Stokes: “I am proud and still in shock. We want to tell the world we stood up strong.”

Above: Bunny Naburula: “We have fought for seven long years.”

Above: 19 June 2014, Alice Springs

Above: Marlene Bennett and Nat Wasley, 19 June 2014.

Above: Marlene Bennett: “Today will go down in the history books of Indigenous Australia on par with the Wave Hill Walk-off, Mabo and Blue Mud Bay. The Warlmanpa Nation has won an eight-year battle against the might and power of the Commonwealth Government and Northern Land Council. Justice has prevailed and this is a win for all Territorians.”

Above: Mitch: “They forgot that the women of that land were fighting for their unborn grandchildren.”

Above: Barb Shaw: “This is what happens when black and white stand together as a collective.”

Above: Valda Shannon: “I want thank everyone who has stood with us all the way through this 8 year struggle. This has been a long an exhaustive journey. We have been silenced excluded but we kept our voices up.”

Above: Media conference in Alice Springs announcing the victory.

Above: Maurice Blackburn lawyer Lizzie O’Shea: “So proud to represent Traditional Owners of Muckaty Station and am thrilled the Cwth has agreed not to rely on the nomination.”

Above: Muckaty Traditional Owner and hip-hop artist Kylie Sambo. “Today we are here to tell you that we have won. My family has taught me how to fight. We are so relieved.”

Above: Adam Sharah: ‘Victory is sweet. We smashed the racist nuke industry today. Relaxing with strong women of Muckaty Land Trust.’

Above: Doris Kelly

Above: Doris Kelly, Gladys Brown and Elaine Peckham

Above: Senior Warlmanpa law man Dick Foster with Paddy Gibson.

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‘Justice has prevailed’: Muckaty nuclear waste plan finally dumped.

Beyond Nuclear Initiative, Media Release, June 19, 2014

Traditional Owners and campaigners are celebrating today after learning that plans for a national nuclear waste dump at Muckaty in the Northern Territory have been scrapped.

The Commonwealth Government has committed to not pursue the proposed Muckaty site, the announcement coming mid-way through a federal court trial examining the site nomination process. (A federal court action lodged in 2010 began went to trial on June 2, with hearings in Melbourne and Tennant Creek. The hearing scheduled for Darwin has now been vacated.)

A delegation of Traditional Owners has travelled from Tennant Creek to speak with supporters and media in Alice Springs.

Marlene Nungarrayi Bennett, Warlmanpa woman said, “Today will go down in the history books of Indigenous Australia on par with the Wave Hill Walk-off, Mabo and Blue Mud Bay. The Warlmanpa Nation has won an eight-year battle against the might and power of the Commonwealth Government and Northern Land Council. Justice has prevailed and this is a win for all Territorians.”

Penny Williams Namikilli said “ngulayilpa wanganya ngurru-ku partta-wurru mar-darnjaku marjumarju kula yanjaku. kuyayi ngurru kirlka kan-jin-mi, mayi parnta.” [Translated from Warlmanpa: We talked about our land to keep the waste away off the land, not to put it there. We want it to remain clean with bush tucker.]

Milwayi Traditional Owner Gladys Nungarrayi Brown said, “The land is important, we have to keep it clean without radioactive waste. Our ancestors walked around that land and were always looking after it-generation after generation they kept handing that knowledge on. We have to keep passing on that knowledge to future generations.”

The Commonwealth government announced in 2005 that it would pursue three sites in the Northern Territory for a national dump, passing legislation to override NT government opposition. Amendments made in 2006 allowed additional site nominations from Aboriginal Land Councils.

The Northern Land Council offered Muckaty for assessment in 2007, despite opposition from many Traditional Owners. A determined community campaign gained support from trade unions, public health and human rights organisations around the country. Annual demonstrations in Tennant Creek pledged direct action against any attempts to build the dump.

Beyond Nuclear Initiative convenor Natalie Wasley said “Next month will mark ten years since the SA nuclear dump plan was stopped by the Kupa Piti Kungka Tjuta and supporters. Any further attempts to impose nuclear waste on Aboriginal people considered politically expendable will be defeated.”

Dianne Stokes, Milwayi kurtungurlu and Yapa Yapa kirtta said, “We will be still talking about our story in the communities up north so no one else has to go through this. We want to let the whole world know that we stood up very strong. We want to thank the supporters around the world that stood behind us and made us feel strong.”

Kylie Sambo, Milwayi Kurtungurlu and hip-hop artist said, “I joined the campaign four years ago when I wrote my hip hop song Muckaty. My sister always told me stories about our mothers dreaming, where it traveled to and from. That land means a lot to us, that’s why we stand up to protect it. My sister always encouraged me to stand up for our people and our country, my uncle and grandfather would be very happy and proud of what we have done. We are in Alice Springs with good news that we have WON the fight, If you think something is not going the right way then you stand up and speak, because if we in the centre of the Northern Territory can stand up and win then so can you.”

Court proceedings in Melbourne revealed that compensation for the radioactive dump would be in the form of roads, houses and education scholarships. This funding is desperately needed in the region, with a recent estimate that Tennant Creek alone needs around 400 houses to meet current demand.

Ms Wasley concluded, “This radioactive ransom must end. We call for the repeal of the National Radioactive Waste Management Act, which explicitly targets Aboriginal Land for a waste dump. It is time for a national commission to examine radioactive waste production and all options for management.”

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June 26 update from Nat Wasley – Beyond Nuclear Initiative

Dear nuclear-free friends

We received fantastic news late last week, that the Commonwealth Government has committed not to pursue plans for a national radioactive waste dump at Muckaty, 120km north of Tennant Creek in the Northern Territory!

Some more information about the last few weeks of the campaign is outlined below; please hang in there to the end as this bulletin wraps up with some ideas for connecting and contributing to Beyond Nuclear Initiative’s ongoing work.

1- The Federal Government has agreed not to act on Muckaty nomination

The announcement that Muckaty will not be pursued for a nuclear dump came mid-way through the Federal Court trial examining the process under which the nomination of Muckaty was made by the Northern Land Council and accepted by the Commonwealth Government in 2007. Lawyers from Maurice Blackburn Social Justice Practice and Ron Merkel QC were acting pro bono for Traditional Owners challenging the site nomination.

Two weeks of the trial were completed with hearings in Melbourne, Tennant Creek and on country at Muckaty outstation. The Northern Land Council and Commonwealth Government agreed on June 19 to settle with the Applicants by committing not to act on the proposal or nomination, so the hearings scheduled for Darwin (June 23-July 4) were cancelled.

A blog of the court proceedings is posted online at the updated BNI website www.beyondnuclearinitiative.com/blog and photos posted at www.beyondnuclearinitiative.com/photos

The Muckaty win follows the successful campaign by the Kupi Piti Kungka Tjuta to stop a nuclear dump in SA and has been built from the ground up in Tennant Creek with help from supporters across the NT and country. Over the last 7 years, the community has marched in Tennant Creek every year, hosted trade union delegations, written songs and poems, made films and toured photo exhibitions. People have travelled tirelessly around the country to build awareness and support, having conversations over cups of tea in regional areas and walking the corridors of Canberra Parliament House to lobby Ministers.

The community used the annual May 25 rally and media attention on the federal court proceedings to reiterate they would continue campaigning until the dump was stopped- including blocking the road if needed.

Traditional Owners and the wider community in the Barkly region are very excited and relieved and looking forward to a big celebration on July 4 in Tennant Creek. Everyone is welcome to come along, contact me if you would like further details.

We will then set about collating photos, footage and other materials from the campaign, so stay tuned for the call out to copy and/or send these to the Arid Lands Environment Centre for archiving.

Federal Government is still pushing for a site on Aboriginal Land to be nominated within three months

While the Muckaty plan has been shelved, the federal government immediately starting pressuring NT Aboriginal Land Councils to nominate an alternate site within three months.

This replicates the rushed process of the first nomination that was heavily criticised during the federal court proceedings. BNI will maintain an active watch and ear to the ground on this issue. We hope that before throwing another dart at the map, the government will consider launching an independent commission that examines all facets of radioactive waste production, including options for minimisation, as well as all options for management. This call for a commission is supported by peak bodies including the Public Health Association of Australia and Australian Council of Trade Unions.

You can also sign up at the BNI website to make a recurring donation to the project. www.beyondnuclearinitiative.com/donate

Stay in touch – and thankyou for your contribution to this long running campaign 

Finally for now, we invite you to have a browse around and subscribe to the new upgraded BNI website to receive updates via a low volume email service.

I was asked by Muckaty mob to finish this note with a huge thanks to everyone who has been part of this campaign and supported the community to be heard- every action, letter, conversation, trip to Tennant, fundraising gig and movie night has helped bring about this victory!!

Thanks to your support and actions, Muckaty will be nuclear waste dump free.

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Muckaty: our case is like Mabo, our land is ours to protect

We’ve been fighting for eight years to stop a waste dump on our land. We brought people from different Dreamings, different clans together for this victory

Kylie Sambo

19 June 2014

http://www.theguardian.com/commentisfree/2014/jun/19/muckaty-our-case-is-like-mabo-our-land-is-ours-to-protect

Protesters against the placement of a nuclear waste dump at Muckaty Station walk to the Tennant Creek courthouse on Tuesday, June 10 2014. Photograph: AAPIMAGE

They’ve finally heard us. Tennant Creek, where my people, the Warlmanpa and Warumungu live, won’t become Australia’s first waste dump. We’ve been fighting for eight years to stop the dump, and the government did nothing about it. Finally, we had to take them to court before they understood that we were serious, that we didn’t want a waste dump in the Muckaty area.

My whole family and other extended families, the communities around the Tennant Creek region, and other people who are living there have all been supporting us these past few years, as we’ve been doing our rallies and speaking up.

They’ve come on board and joined us, marched with us in Tennant Creek. This year has been a very good outcome. A lot of people from different Dreamings, different family groups, different clans have come together in our struggle. I believe this is an impressive way to show we stick together, we fight together.

I was worried a bit that the case would go the other way. My sister kept saying, “We’re going to win this one, we’re going to win this one!” My mind was set that the decision was going to be made in March next year. When I got the news, I was shocked that we won. I’ll travel back to Tennant Creek and celebrate this weekend. I’ll probably celebrate all week.

I believe that our case is similar to the Mabo case, and the legal struggles other communities have been fighting against the government for years to protect their land. That’s what we’re doing.

How many times has the government seen people fighting for their country, and yet they keep doing this. They have to understand us: our land means a lot to Aboriginal people because it’s ours, because it’s ours to protect.

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Muckaty station nuclear waste dump will not go ahead: Aboriginal Traditional Owners succeed in legal challenge

Maurice Blackburn statement, 19 June 2014

http://www.mauriceblackburn.com.au/about/media-centre/media-statements/2014/muckaty-station-nuclear-waste-dump-will-not-go-ahead-aboriginal-traditional-owners-succeed-in-legal-challenge/

Plans to build a nuclear waste dump on Aboriginal land at Muckaty Station near Tennant Creek will not go ahead after the Commonwealth agreed not to act upon the nomination of the site by the Northern Land Council (NLC).
Leading social justice law firm Maurice Blackburn has been acting for Traditional Owners opposed to the dump in a four-year legal fight that was two weeks into a Federal Court trial when it was resolved.
The parties plan to ask that Justice Anthony North of the Federal Court dismiss the proceedings, which were due to continue in Darwin next week. This settlement is without any admission of liability.
Elizabeth O’Shea, head of Maurice Blackburn’s social justice practice said:
“Aboriginal people at Muckaty have been fighting this plan for more than seven years and are overjoyed to have secured this outcome.
“We are thrilled to share in the relief and excitement our clients are feeling, knowing that their country will not be the site of the country’s first nuclear waste dump.”
The matter has been run by Maurice Blackburn on a pro bono basis.  Barristers including Ron Merkel QC and David Yarrow have also acted pro bono.
“Just like the class actions and other landmark cases brought by Maurice Blackburn, our pro bono cases provide access to justice and make a real difference in terms of public accountability”, Ms O’Shea said.
Lorna Fejo, a Traditional Owner said:
“I feel ecstatic. I feel free because it was a long struggle to protect my land. I feel really happy about this decision because my children, grandchildren and great grandchildren can go to Namerini safely. This is what Australia is: it is a free land and Traditional Owners must always be free to express what they want done on their land.
“My grandmother gave me that land in perfect condition and other lands to my two brothers, who are now deceased. It was our duty to protect that land and water because it was a gift from my grandmother to me. And now that I am 84 years old, and I have had to fight hard to protect this land for my grandchildren and great grandchildren, it is now a gift which I will be able to pass onto them in its perfect condition, like I had received it.”
LEGAL BACKGROUND
A fee simple estate in Muckaty Station was granted to the Muckaty Aboriginal Land Trust (MLT, a respondent to the proceeding) in 1999 following a claim under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA). The MLT holds Muckaty Station on trust under the ALRA for the benefit of the traditional Aboriginal owners of Muckaty Station and of other Aboriginal persons entitled to enter upon or use the land in accordance with Aboriginal tradition.
The Northern Land Council (NLC, also a respondent) is a body established under ALRA to supervise and administer Aboriginal land trusts in respect of areas in the Northern Territory including Muckaty Station.  The NLC is responsible under ALRA for giving lawful directions to and acting on behalf of the MLT for the benefit of the traditional Aboriginal owners of and the Aboriginal people holding an interest in Muckaty Station.
In June 2007, the NLC purported to nominate a portion of Muckaty Station as a potential site for the management and storage of radioactive waste.
Traditional Owners alleged in the action that the NLC failed to take appropriate steps to ensure the traditional Aboriginal owners understood the nature and purpose of the nomination, and failed to obtain proper consent before nominating the site.
Legal proceedings against the Commonwealth and the NLC were commenced in June 2010. The Federal Court trial began on 2 June 2014.

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Activists win seven-year fight to protect Muckaty, minister still seeks dump site

Saturday, June 21, 2014
By Mara Bonacci, Alice Springs

https://www.greenleft.org.au/node/56681
When Muckaty traditional owners first heard about a proposed waste dump on their land seven years ago, it didn’t seem like such a bad idea. Many thought it was a general rubbish tip that would recycle, sell reclaimed materials and provide work opportunities for people living in the remote area of the Northern Territory. Millions of dollars were promised for roads and scholarships. In an area with few employment prospects or education opportunities, it is little wonder the offer seemed attractive.
Then came the truth. The proposal was not for a tip, but for radioactive waste. The money would not go straight to traditional owners, but to the Northern Land Council (NLC) to be held in a charitable trust. It seemed there was more to the proposal than met the eye.
This month, a seven-year grassroots campaign against the dump and a four-year federal court challenge against the federal government and the NLC came to an end when the NLC withdrew its nomination of the Muckaty site. That eliminated the need for their officials to take the stand at court in Darwin after evidence was heard from traditional owners in Tennant Creek.
The first that Warlmanpa traditional owner Marlene Nungarrayi Bennett heard about the dump proposal was on the radio. One of the witnesses questioned in court at Tennant Creek, she told of her surprise at first hearing about it on the radio and how she set about educating herself, her family and community about the proposal. Once she learned the truth about the potential impacts of a radioactive waste dump, she was firmly opposed to it going ahead.
Traditional owner Dianne Stokes, who has been a staunch and tireless campaigner against the dump since it was nominated by the NLC in 2007, was also initially in favour of it because of the benefits it would supposedly bring to the community.
It was not until Beyond Nuclear Initiative (BNI) campaigners came to Tennant Creek and explained what the waste would be, how far it had to be transported to get there and the risks associated with it, that she realised it was not a proposal she could support.
In a statement she said: “We will be still talking about our story in the communities up north so no one else has to go through this. We want to let the whole world know that we stood up very strong. We want to thank the supporters around the world that stood behind us and made us feel strong.”
With the support of BNI, over the past seven years, the community has marched in Tennant Creek annually, hosted trade union delegations, written songs and poems, made films and toured photo exhibitions.
People have travelled tirelessly around the country to build awareness and support, having conversations in regional areas and lobbying ministers at Parliament House in Canberra. Supporters have held fundraisers and information nights around Australia.
Kylie Sambo, Milwayi Kurtungurlu and hip-hop artist, said: “I joined the campaign four years ago when I wrote my hip-hop song ‘Muckaty’. My sister always told me stories about our mothers dreaming, where it travelled to and from.
“That land means a lot to us, that’s why we stand up to protect it. My sister always encouraged me to stand up for our people and our country, my uncle and grandfather would be very happy and proud of what we have done.
“We are in Alice Springs with good news that we have won the fight. If you think something is not going the right way then you stand up and speak, because if we in the centre of the Northern Territory can stand up and win then so can you.”
The remote area where the dump was proposed may seem to the government, industry and city-dwellers to be a safe and reasonable place to dump radioactive waste. It has, however, a vibrant community, strong Aboriginal culture and many people call it home. Radioactive waste is not something anyone wants next door. This is possibly part of the reason the government wants to relocate the waste from where it is now stored at Lucas Heights in southern Sydney.
A successful campaign by the Kupi Piti Kungka Tjuta to stop a nuclear dump in South Australia 10 years ago led the federal government to push for a dump in the Northern Territory. The risk remains that a dump may be proposed elsewhere in Australia.
Although the federal government has withdrawn its push for a radioactive waste facility at Muckaty, Minister for Indigenous Affairs Nigel Scullion said: “I would hope it [the end of court action] would offer opportunities for a second nomination of a northern site.”
The people of Muckaty and anti-nuclear activists say: “Not here, not anywhere.” This people-powered fight will continue if another site is nominated.
[Mara Bonacci is an anti-nuclear campaigner based in Alice Springs.]

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Parliamentary speech by Greens Senator Scott Ludlam

http://scott-ludlam.greensmps.org.au/content/speeches-parliament/muckaty-congratulations-speech-parliament

Senator LUDLAM (Western Australia): Tonight, I want to pay my respects to the Aboriginal elders of the Muckaty lands in the Barkly region, their families and their supporters around the country. I understand that only a tiny handful of MPs in this place could even find Muckaty on a map and bear no knowledge of the rich history of the place. For white politicians on the other side of the continent, the Barkly region is essentially regarded as the absolute middle of nowhere. There is nowhere better to park Australia’s 60-year inventory of spent nuclear fuel, which is industrial waste that will still be carcinogenic a thousand generations from now, decaying silently away into future geological ages. Everything it touches, for all those future lifetimes of people who will never know our names, becomes not just contaminated but contaminating.

Every country that embarked on the nuclear experiment that lit up the mid-20th century with the light of a thousand suns has its own millennial legacy of spent nuclear fuel and reprocessing wastes. No country has come up with a solution that will keep it isolated for tens of thousands of years. Presently, nearly all of Australia’s radioactive waste is banked adjacent to the Lucas Heights reactor on the outskirts of Sydney. A small amount of it is contracted to return to Australia from Europe next year. This impending shipment was the trigger for the process that came to a dramatic end in the federal court in Melbourne last week.

Late in 2005, the Howard government used its command of the numbers in both houses of parliament to ram through a bill mandating that Australia’s radioactive waste would be trucked into the Northern Territory and dumped at one of three possible defence department sites-in other words, on land stolen from people who had been living and singing that country since before the last ice age. The Greens opposed this bill. The Democrats opposed it. The Labor Party stridently opposed it. But numbers matter in here and, on that night, we didn’t have them.

I want to acknowledge the communities of people who spoke up for each of those three sites, the pressure and uncertainty placed on you, the stress on your families, and the leadership you showed in stepping up and saying no. All of you were unfairly targeted in a process with no procedural, scientific or democratic legitimacy.

Within a year, the fatal flaws in this bankrupt proposal were evident even to senior members of the Howard government. An amendment bill was pushed through here late in 2006 to add an illusion of due process to this amoral preamble: communities can now volunteer a site for the dump. Only sites in the Northern Territory, constitutionally weaker than the states, would be considered. Within what seemed like mere hours, a site was nominated by the Northern Land Council, and this place, Muckaty, which no whitefella outside the Barkly Region had ever heard of, was suddenly at the top of the Commonwealth government’s target list. The cause and effect, and who really originated the Muckaty nomination, we will probably never know. But we do know that, from day one, this was a process driven from Canberra, not Tennant Creek.

Fourteen years earlier, the High Court had struck down the offensive legal fiction of terra nullius; but, even so, when government bureaucrats and politicians with more immediate things on their minds go looking for somewhere to dump the nation’s most poisonous garbage, they go looking for empty lands, places in the middle of nowhere, places like Muckaty Station. And when they climb out of their shiny land cruisers, they discover that it is not empty at all. They discover it is a real place, not just a rectangle on their GPS-a place with a history and a story that proceeds history and many stories told in languages they will never bother to learn. Imagine their surprise to discover that this terra nullius is inhabited-inhabited by the formidable Dianne Stokes and her family, by Bunny Ngaparula, an elder who somehow seems to get younger every year, and by the deadly Kylie Sambo. They are confronted by Mark Lane Jangala and Ronald Brown and by Lorna Fejo and Dick Foster. They are challenged by mighty allies from further afield-Mitch from Arrende country and Donna Jackson from the Larrakia nation, and many, many others. Collectively, these unwelcome strangers are told to pack up their cars, their fancy maps and their 100,000-year-contamination nightmare and go the hell home.

If you are going to be thrown into a campaign like this without warning, you are going to need allies. Profound respect to Nat Wasley, her partner Paddy and up and coming anti-nuclear campaigner, Jalinyba. Natty, you are one of the most kickass organisers I have ever had the honour to work with. There is my dear friend Dave Sweeney, who has long been the backbone of the Australian Conservation Foundation’s anti-nuclear work and is the author of the best one-liners in the business. There is also Jim Green from Friends of the Earth in Melbourne, one of the country’s most dedicated and tenacious campaigners. There are so many others, but to name just a few: Cat Beaton and Lauren Mellor, Hillary Tyler and Justin Tutty, you stepped up when the old people needed your help. Ellie Gilbert and Peter Sutton, Leanne Minshull and Michael Fonda, you saw the need and did not look away. There is Jagath Dheera-Sekara, Rod Lucas and everyone at the Jumbunna Indigenous House of Learning, and dear Dimity Hawkins. My Western Australian Anti-Nuclear family – Jo Vallentine and the staunch BUMP crew – just one powerful piece of a national campaign that finally delivered. And then there is everyone at the Arid Lands Environment Centre and the Environment Centre Northern Territory, FoE Melbourne and ACE campaigners – nearly all of them volunteers. For every demonstration, every banner drop, every early morning occupation of Martin Ferguson’s electorate office, it has all been worth it.

There is Felicity Ruby, who worked with me for years. As we discovered, after the 2007 election, those Labor politicians who had been so staunch from opposition, turned silent when they actually had a chance to do something about Muckaty from government. They maintained their silence as Minister Martin Ferguson took this piece of procedural abuse designed by Prime Minister John Howard and then stepped up the aggression. We held off the Rudd government’s waste dump legislation for two years. But in 2012 the Labor Party took legislative responsibility for driving this obscene theft of country over the raised voices of traditional owners and their supporters-and we will not forget this.

The appalling behaviour of the Labor Party in sliding seamlessly from condemnation to continuity makes recognition of the handful of ALP members who did buck the party line that much more important. I particularly want to acknowledge local MPs Gerry McCarthy and Elliott Macadam, backed by NT Chief Minister Paul Henderson; and, federally, Senator Louise Pratt, who tragically had to give her valedictory speech earlier this evening; Melissa Parke, the member for Fremantle; and, more recently, Senator Nova Peris, who brings heart and history to her opposition to this project. The rest of the Labor caucus stand condemned by your silence and by the votes you cast when you finally combined with the Abbott opposition to defeat the Greens in March 2012.

I also want to acknowledge those in the trade union movement who stood up when it mattered, particularly the ACTU and Unions NT, and also the MUA, the ETU and the Fireys, representing those first on the scene when things go horribly wrong at facilities like this. The failure of parliament to uphold its obligations to the mob, yet again, left it to the community movement and to a small but focused legal team as the last line of defence. George Newhouse, Mark Cowan, Steven Lennard and David Yarrow, thanks are owed for your generosity and your expertise. Ron Merckel QC, Julian Burnside QC and the brilliant Lizzie O’Shea, lawyer to the people-last week, you did it, and broke the Commonwealth government’s resolve in the Federal Court and brought this shameful episode to an end. As a quick aside, you could have followed and supported this whole extraordinary contest if you were listening to the radioactive show on radio 3CR. Thank goodness for the community broadcasters.

There is a reason why the nuclear industry seeks high isolation sites for its proposed waste dumps: stable geology, deep groundwater, low seismic activity, no people, no mineral resources. Muckaty actually meets none of these preconditions, but put that down to a jittery government running before an artificial deadline. The reason the industry likes these remote, high isolation sites is that there is no form of engineered barrier that can contain spent nuclear fuel for such immense periods of time. They know this material will burn its way out eventually, and so they want to put it as far from the suburbs in which they live as possible.

What the mob in the Barkly want to know is, if it is too dangerous to leave where it is, guarded by a Federal Police detail and ticking away under 24/7 monitoring by technicians with lab coats and PhDs, how does dumping it in a shed surrounded by a chain-link fence on a cattle station somehow make it safe?

The campaign to support Dianne and the Muckaty mob was born out of this dismal injustice; racism, with a 25,000-year half-life. The NLC negotiated for $12 million for the 300-year head lease. It works out at a little bit over $800 a week, with the land passing back to the mob sometime in the 24th century. Beads and blankets, not laced with smallpox but with caesium.

We must never do this to an Australian community again. The Muckaty mob won this time, but it cost them, in stress to families, division in the community and time away from home. The Kunkas in South Australia had to go through this trauma a decade earlier. They won too. The mob at Cosmo Newberry were in the firing line when Pangea came calling in 1999 with a proposal to dump 20 per cent of the world’s spent nuclear fuel. It took us a year to beat that. The Navajo prevailed over a similar project at Yucca Mountain in Nevada in the United States. What do all these projects have in common? The expectation that it is aboriginal communities that should bear the burden. This has to stop.

The Greens propose a new way forward. Its most important element is that it does not assume, as a foregone conclusion, that it should fall to some remote Aboriginal community to take responsibility for this poisonous time capsule. In fact, the most important thing we could do now would be to admit that there is no scientific or community consensus that a remote shed surrounded by barbed wire is anything like an appropriate management strategy for this material. It is time, as Dave Sweeney would put it, for a process, not a postcode.

We propose therefore an independent commission on radioactive waste management to run an open, deliberative process that acknowledges, as a starting condition, that if material is dangerous in Sutherland Shire, it will still be dangerous in the Barkly. It is time to leave the politics outside the room and bring together the best minds in the country, learning from 60 years of overseas experience, to design a long-term strategy of custodianship and eventually, perhaps, isolation of radioactive waste. It will confront us with the question of whether we should be producing this material at all.

Yes, it has to go somewhere. Maybe it ends up in Synroc bricks. Maybe it ends up two miles below the surface. Maybe it stays right where it is while smarter people than us work out how to contain it for periods approaching eternity. But, as we have been saying for nearly eight years, it will not be going to Muckaty. You mob were too deadly. You beat them. Take a rest and tell your story, and maybe this time a few more people will be listening.

Above and below – Former Labor MP Martin Ferguson drove legislation through parliament permitting the imposition of a dump with no Aboriginal consultation or consent. Mr Ferguson ignored countless requests for meetings with Muckaty Traditional Owners.

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Muckaty Mob Win Battle To Stop Nuclear Dumping Ground

By Chris Graham, 19 Jun 2014

https://newmatilda.com//2014/06/19/muckaty-mob-win-battle-stop-nuclear-dumping-ground

The Warlmanpa people of Central Australia are this morning celebrating a sensational legal victory over government plans to dump nuclear waste on their land. Chris Graham reports.

The ‘Mob from Muckaty Station’ have scored a stunning victory over attempts by the Northern Land Council and the Commonwealth Government to dump nuclear waste on their land.

In what was shaping up as a true ‘David vs Goliath battle’, the Commonwealth this week pulled out of ongoing litigation over plans to build a nuclear waste dump on the land of the Warlmanpa people, north of Tennant Creek in Central Australia.

And the fall out is going to be huge, particularly for the Northern Land Council (NLC).

For the last seven years, the NLC has been maintaining it obtained the proper consent of Traditional Owners of land at Muckaty Station to build the Commonwealth waste dump.

But the Warlmanpa people – who have an interest in the land – say they were never properly consulted, and never gave their agreement.

They challenged the NLC’s claims around consent in the Federal Court, which is already two weeks into hearings. The case was set to re-convene in Darwin on Monday, and run for at least another two weeks.

But last night, the Warlmanpa people received confirmation the Commonwealth had guaranteed it would not rely on the consent nominations provided by the NLC.

The withdrawal comes just days before Northern Land Council officials were due to take the stand to face the same sort of intense grilling senior Warlmanpa custodians had been subjected to by NLC lawyers in Tennant Creek last week.

The shock withdrawal has fuelled speculation the NLC was seeking to avoid damaging scrutiny of its handling of the nomination process.

Ron Merkel QC, for the Warlmanpa people, had already told the Federal Court that an anthropology report which underpinned the waste dump nomination – and which had been changed significantly – should be considered to have been written by the NLC’s principal lawyer, Ron Levy.

Paddy Gibson, a researcher with the Jumbunna Indigenous House of Learning at the University of Technology, Sydney has been working with the Warlmanpa people since the dump was first announced.

“The Warlmanpa people who opposed the dump had been subjected to a fierce cross examination by NLC barristers, who were trying to denigrate their cultural knowledge,” Gibson told New Matilda.

“But the Traditional Owners have held the line, and they’ve insisted all along that the anthropology report underpinning the nomination was wrong, and that the process that the NLC used was completely inadequate.

“People said in their evidence that they felt intimidated and shut out of the process.

“The NLC are refusing to admit wrongdoing as part of this deal. However, by avoiding the Darwin court hearings I firmly believed they’ve dodged a bullet.”

By withdrawing, the Federal Court made no determination on the matter, and the NLC and Commonwealth also avoided having both a judgment and costs awarded against them.

“Today in a Darwin press conference, NLC CEO Joe Morrison said that he did not want anymore Traditional Owners to be subjected to the fierce cross examination that took place in Tennant Creek,” Gibson said.

“It was an NLC barrister who did that. It was an NLC barrister who attempted to denigrate the cultural knowledge of senior Warlmapna people for three hours in these cross examination sessions.”

For their part, the Warlmanpa people are celebrating. Kylie Sambo, a young Warlmanpa leader told New Matilda this morning her people were relieved the matter was finally over.

“I feel relieved that we don’t have to keep going. We’re happy and we’re proud. That land means a lot to us because of our culture, our beliefs and our totems and dreaming that went through there,” Sambo said.

“I believe [the NLC] didn’t want to go through that humiliation of what they really done. But it’s better now that they actually backed off. It’s good for us.”

But Sambo said her people weren’t quite done fighting yet. They’re now turning their attention to getting the Northern Territory land council boundaries shifted, so they no longer come under the jurisdiction of the NLC.

“Hopefully we can continue to try and push the boundary for the NLC back up north a bit.

“We had a good trust there but then they broke it. It’s going to be tough, we stood and fought for eight long years and I think we can take on anything now.”

The Warlmanpa are also considering a push by Traditional Owners for the Commonwealth to honour an agreement reached as part of the process which would provide education benefits in exchange for land.

It emerged during proceedings that the federal Department of Education had been involved in negotiations with Traditional Owners to provide $1 million in scholarships for local children, if they agreed to make their land available for the waste dump.

“I think that is very, very stupid idea for us to sell our land to get better education and scholarships,” Sambo said.

“As an Australian we should be already entitled to that.”

The Commonwealth Government will now have to look elsewhere for somewhere to dump their nuclear waste, after also earlier losing a battle with the South Australian Government.

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Lauren Mellor (ECNT), 20/6/14:

Bob Gosford: the conduct of the NLC has been an absolute disgrace over 8 long bitter years in which they made no attempt to reconcile, settle or include the majority of muckaty traditional owners in discussions on this highly divisive and contested project. Easy to scapegoat so-called ‘out-side interests’ as interfering, perhaps you missed the years of public outreach events led by Muckaty mob opposed to the dump calling for support to have this nomination overturned? The NLC has played an even more divisive role than the federal government amongst the community to try and push through its dodgy nomination, and senior staff that facilitated this nomination would have been raked over the coals in court next week if they hadn’t offered to settle. The hearings in Tennant clearly proved NLC did not gather the correct evidence on which to nominate muckaty – court next week would have proved that that was a deliberate act. There’s not a scrap of credibility left to cling to for either gov or NLC over this long running debacle – a sad missed opportunity to reform a thoroughly rotten organisation by Joe Morrison.

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Maritime Union of Australia:

Dumped! National Radioactive Waste Won’t Be Disposed Of At Muckaty

June 19, 2014

http://www.mua.org.au/dumped_national_radioactive_waste_won_t_be_disposed_of_at_muckaty

After a long campaign by traditional owners, unions and progressive organisations across the country, the Commonwealth Government has committed not to pursue plans for a national radioactive waste dump at Muckaty, 120km north of Tennant Creek in the Northern Territory.

The campaign to oppose the dump began in 2005, with strong support and involvement of the MUA.

Upon hearing the news, Assistant National Secretary Ian Bray dispatched the following message to traditional owners:

“Dear Muckaty Traditional Owners,

On behalf of the Maritime Union of Australia I want to warmly congratulate you on your historic victory to protect your land from radioactive waste.

When the Commonwealth Government first announced plans to use Muckaty lands as a dump for nuclear waste, it was simply assumed by most that it was an inevitability – a done deal.

Yet your spirit, smarts and sheer tenacity have resulted in a great Australian victory for the underdog.

I know that Muckaty Traditional Owners – and many others who supported your cause – have travelled tirelessly across the country to build awareness and support.

I know that behind the scenes many have worked diligently on organising continual letters, rallies, meetings, community conversations, trips to Tennant Creek, fundraising gigs, and movie nights.

What a magnificent thing it is that all this effort has finally paid off handsomely.

MUA members are often required to move radioactive waste, so it is an issue that resonated strongly with our members from the start.

We are proud to have stood with you in your fight and we are overjoyed that you have been successful.

I am certain that the bonds we have forged during this long struggle will remain strong for many, many years to come.

Your great victory is an inspiration to all of us who fight for justice in the face of overwhelming power.

I hope you celebrate long and hard – you truly deserve it.

Yours sincerely,

Ian Bray

MUA Assistant National Secretary

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The Northern Land Council has played a disgraceful role, selling out Traditional Owners. To give just one example − of many − the NLC supported legislation by John Howard and Martin Ferguson that allows the imposition of a nuclear waste dump on Aboriginal land with no Aboriginal consultation of consent. Below is an asinine, self-serving statement from the NLC and see also an even worse NLC statement at this link.

http://blogs.crikey.com.au/northern/2014/06/19/northern-land-council-settles-muckaty-claim/

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NLC settles on Muckaty

http://www.nlc.org.au/media-releases/article/nlc-settles-on-muckaty/

June 19, 2014

NLC CEO Joe Morrison addresses the media today.

OUT of concern for relations among the Aboriginal clans which comprise the Muckaty Aboriginal Land Trust, the Northern Land Council has agreed to settle the Federal Court challenge to the Commonwealth Government’s proposal to establish a nuclear waste facility at Muckaty.

The settlement, offered by the lawyers representing opponents of the facility, was signed off by the parties in Melbourne late yesterday.

In June 2007, the NLC nominated a site for the facility on 225 hectares in the south-east section of the Muckaty Aboriginal Land Trust area. The Commonwealth approved the site in September 2007.

“The NLC notes that its acceptance of the offer is done without any admission of liability – that is, without any admission that the nomination was made in error,” said NLC Chief Executive Officer Joe Morrison.

Mr Morrison said the NLC remains satisfied that it made the nomination with the consent of traditional owners and after consultation with other Aboriginal people with interests in the land.

“In fact, the applicants’ own evidence, heard in Tennant Creek last week, acknowledged that the NLC had consulted broadly and appropriately, with the involvement of all affected groups, and that consent was given to the nomination in accordance with Aboriginal tradition,” he said.

“The NLC maintains that the nomination was not affected by any relevant error and that the legal challenge would have failed.

“However, it is apparent for various reasons – largely due to outside pressures, including pressures caused by divisive litigation – that a number of individuals have shifted their position since the nomination and no longer want the facility to be constructed on the nominated land.

“Because of the divisions within the Aboriginal community, the NLC is now of the view that it would be preferable if the Commonwealth did not act on the nomination. The Commonwealth has agreed with our proposition.

“This position has, of course, been endorsed by the NLC’s Executive Council, which now wants to help the restoration of good relations among the Muckaty families.”

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Muckaty radioactive waste dump plan dumped

ACF Media Release, 19 June 2014

http://www.acfonline.org.au/news-media/media-release/muckaty-radioactive-waste-dump-plan-dumped

The Federal Government’s decision to end the plan for a national radioactive waste dump at Muckaty, north of Tennant Creek in the NT, is a win for Traditional Owners, the environment and responsible radioactive waste management in Australia, the Australian Conservation Foundation said today.

The Federal Government today committed not to act on the Northern Land Council’s contested nomination of Muckaty as the site for a national radioactive waste dump.  The decision comes during a Federal Court hearing initiated by Traditional Owners opposed to the dump plan and conducted on a pro bono basis by law firm Maurice Blackburn.

“Muckaty was always a bad deal – it is a profound relief it will now never be a done deal,” said ACF nuclear free campaigner Dave Sweeney.

“This result is a tribute to the tenacity and courage of the many Traditional Owners who have been tireless in their defence of country and culture for more than seven years.

“It is also a stark reminder of the failure of successive federal governments to adopt an effective and responsible approach to radioactive waste management and highlights the need for a new approach to this old problem.

“After decades of division and secrecy it is time to do things differently and better.  Instead of searching for a vulnerable postcode for a dump it is now time to advance a credible process for management of radioactive waste,” he said.

ACF and other civil society groups, including the ACTU and the Public Health Association, have long called for an independent, expert and public national commission to explore options for responsible radioactive waste management in Australia.

“Muckaty is the latest in a series of failed attempts to impose a dump on unwilling communities in both South Australia and the NT,” Dave Sweeney said. “It was a secretive and ill-considered deal that has properly failed the test.

“We can all be pleased this proposal is finished, but no other Australian community should have to face the pressure and heartache the Muckaty community has experienced.

“It is time to stop the flawed and failed search for a short term political fix and instead adopt an open, evidence-based approach on how to manage a long term human and environmental health hazard.”

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Muckaty nuclear dump defeat is a huge victory for Aboriginal Australia

Elizabeth O’Shea (Maurice Blackburn lawyer)

19 June 2014

http://www.theguardian.com/commentisfree/2014/jun/19/muckaty-nuclear-dump-defeat-is-a-huge-victory-for-aboriginal-australia

Today, the Commonwealth Government has agreed not to act upon the nomination of land at Muckaty Station as a site for Australia’s first radioactive waste dump. The resolution comes seven years after the nomination, four years after the court case was started, and two weeks into a seven week trial. The matter has settled with no admission of liability. Maurice Blackburn’s social justice practice conducted this case on a pro bono basis, and we couldn’t be prouder of the outcome or happier for our clients.

Muckaty Station, 110km north of Tennant Creek, is an Aboriginal land trust under the Aboriginal land rights act. In the 1990s, the Aboriginal land commissioner, justice Gray, was tasked with working out who were the traditional owners of that particular country and the nature of land tenure under customary law. He wrote a report and handed the land back to Aboriginal people on the basis of his findings.

This means the land is owned outright by Aboriginal people, like most people own their homes. Under the law, the land is dealt with according to customary law or agreed processes. The idea is that Aboriginal people are in charge of their land, with the Northern Land Council (NLC) acting on their behalf. It is a statutory scheme that now seems quite visionary, especially in relation to the small minded attitudes that underpinned the Intervention and its successor, the Stronger Futures regime.

Understandably, the return of land to Aboriginal people is a source of immense pride for many. Aboriginal people treat their customary obligations seriously and with dignity, undercutting many of the old lines about Aboriginal people from the reactionary songbook.

In relation to Muckaty, there may be many Aboriginal people who have an interest in the land under customary law. The NLC is charged with dealing with land according to certain rules. They have legal duties to obtain informed consent from people who have primary spiritual responsibility for country, but also to give those with an interest in the land the opportunity to express their views.

In 2005, the Howard government introduced legislation to facilitate the building of Australia’s first radioactive waste dump. The Commonwealth had sites that it owned already and could use, but the NLC lobbied to introduce a provision which permitted Aboriginal people to volunteer a site.

In 2006, the NLC began negotiations with the Commonwealth about a nomination of a site on the Muckaty land trust. The proposed nomination was immediately contentious. Eventually, the Commonwealth offered $12m in the event that the nomination was declared to be the site of the dump. The NLC say they obtained consent and consulted with the right people. The deal was signed in 2007.

There is no doubt that some traditional owners consented to the nomination. It is easy to see why – these are some of the poorest people in Australia and this is a lot of money, though it starts to look quite miserly when compared with international examples.

However, there are five key dreamings on Muckaty that are relevant to this site. The NLC’s stated position was that one sub-branch of one dreaming group were exclusively able to consent to the nomination. Representatives of every other dreaming oppose the dump.

This contrasts with justice Gray’s report, which clearly articulates how decisions about country in the Central Desert area are made collectively, by consent. It is also troubling for other reasons. This proposal is not a microwave tower, or a railway or even a mine. This proposal involves burying radioactive waste on country, within a short distance from a significant sacred site. Even if, as the Commonwealth maintains, it will be safe within a couple of hundred years, it arguably involves permanent sterilisation of land under customary law. The consultation for a proposal of this significance should have been thorough, so people knew exactly what it was they were consenting to, but also that any dissent was treated seriously and as potentially a reason not to proceed with the proposal.

The court heard evidence last week from traditional owners and witnesses on behalf of the applicants seeking to stop the dump. The court was presented with a united front from traditional owners, who explained that the consultation process was confusing and unclear, with people not certain about the location of the proposed dump or who that land belonged to. Meetings were very tense and people felt like they weren’t listened to. The witnesses told the court that they were not told who would be getting the money or how it would be managed.

The NLC maintains it has done everything properly. The traditional owners maintain that they were ridden over roughshod and the anthropology which identified the relevant people to speak for country was mistaken. Hopefully, this is an opportunity for the NLC to reflect on their processes and try to get it right.

This has been hard fought litigation and we are proud to have given voice to the resilience and determination of our clients. In the seven years since this nomination was made, the movement to stop a dump on Muckaty has grown. Local council, unions, community groups all got on board and stood firm in their opposition to the dump.

But the truth is that this is a much bigger issue than the court case. This is an opportunity to rethink these issues from a public policy perspective. These remain some of the most important discussions we can have. If you are a person who places importance on the rights of Aboriginal people, the protection of the environment or simply good governance, you have a duty to be part of them.

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More on this story

Muckaty nuclear dump plan shelved by Northern Land Council

Muckaty nuclear dump will sever Indigenous ties to heritage, court hears

Indigenous landowner claims she was threatened over Muckaty nuclear dump

Nuclear waste dump would ‘dispossess’ Indigenous landowners in NT

Indigenous elder speaks out at NT nuclear waste dump trial

Muckaty station compensation no ‘bucket of money’, court told

Traditional owners fear nuclear waste will poison land, court told

Traditional landowners fighting nuclear waste dump get their day in court

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Muckaty Station: Northern Land Council withdraws nomination of site of first nuclear waste dump

June 19, 2014

http://www.abc.net.au/news/2014-06-19/northern-land-council-withdraws-muckaty-creek-nomination/5535318

The Northern Land Council has withdrawn its nomination of Muckaty Station north of Tennant Creek as the site for Australia’s first nuclear waste dump.

A small section of Muckaty Station, about 600 kilometres north of Alice Springs, was put forward by the council to store Australia’s low and intermediate-level nuclear waste.

The waste is currently stored at Lucas Heights in Sydney before being sent to France.

The NLC nominated the site on behalf of members of the Ngapa group eight years ago, but four other clans have laid claim to the land and say it is adjacent to a sacred site.

Those traditional owners have been challenging the nomination in the Federal Court, arguing they were not consulted and did not give their consent.

Traditional owner Kylie Sambo says the court action came after eight years of fighting, and played a pivotal role in the NLC’s decision.

“We had a really strong argument. We haven’t been consulted properly for our own country. We know our land, the story, the songs, the dreamings. That’s why we stand up and spoke for ourselves,” she told ABC News 24.

We haven’t been consulted properly for our own country. We know our land, the story, the songs, the dreamings. That’s why we stand up and spoke for ourselves

Traditional owner Kylie Sambo

“There would be no way in the world that I would let a nuclear waste dump come to my grandfather’s country, because I have fought very hard to get the country back and we’re not just going to give it away just like that.”

She says the NLC should have been “upfront and honest with the people of the country”.

“I was surprised that they did things the wrong way. I knew at the start that they did wrong things, but I didn’t know that it was this bad until I heard it in court, of how they went about the nomination.

“But what I strongly believe is that they should’ve done it better instead of doing it under the table or behind closed doors as people say.”

She says she is proud by how the community came together to fight the proposal.

“When [the NLC] came up they saw most of our friends and family and extended family members standing up, talking strong to the media. I think they got scared,” she said.

“There’s going to be a big celebration. Other families and other supporters from around Australia could come and celebrate this victory with us.”

NLC seeks to ‘reconcile’ with divided families

NLC head Joe Morrison maintains the land council consulted the right groups, but says it is a tragedy the nomination has divided families.

“That division and argument are the most unfortunate consequences of this whole case being brought about and its being whipped up by special interests groups, pursuing their own agendas,” he said.

“I am determined that those relations at Muckaty be now repaired.

“The most pressing task for the Northern Land Council is to bring families back together and reconcile.”

Lizzie O’Shea from Maurice Blackburn lawyers, which represents the traditional owners, says the Commonwealth flagged the decision in recent days.

“We’ve always felt that these concerns about the process for the nomination were valid and that they needed to be put before a judge and considered carefully so we’re thrilled that we’ve had the opportunity to do that,” she said.

“But the Commonwealth has now decided not to rely on the nomination.”

The Federal Court has dismissed the case and both parties have agreed to pay their own costs.

The Commonwealth had promised about $12 million in compensation to the NLC if the dump proceeded.

More on this story:

Muckaty Station land rights challenge begins in Federal Court

Court hears cultural stories at proposed nuclear dump site

Muckaty Station owners reject $12m waste dump offer

Related Story: Muckaty Station land rights challenge begins in Federal Court

Related Story: Court hears cultural stories at proposed nuclear dump site

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Muckaty Radioactive Dump defeated at last

http://scott-ludlam.greensmps.org.au/muckaty

After eight long years, the hard fought battle to keep Muckaty free of radioactive waste, is over.

This is an extraordinary win for the elders and their families who have sought to protect country on behalf of all of us. They should never have had the burden of dealing with Australia’s radioactive waste laid on them, first by the Howard Government, and then by the Rudd/Gillard Government. Now that burden is lifted.

It is essential that Australia’s disgraceful history of targeting Aboriginal communities to host our 60-year legacy of spent reactor fuel is never repeated again.

The Greens propose the Commonwealth Government immediately establish an independent Commission on Radioactive Waste Management to undertake a deliberative process that is procedurally fair, scientifically rigorous, and properly informed.

In the meantime, this win belongs to all those who stood up against this appalling proposal.
(read more about the Waste Commission proposal here: http://greens.org.au/nuclear-waste)

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Media release by Industry Minister Ian Macfarlane

National Radioactive Waste Management Facility

19 June 2014

http://www.minister.industry.gov.au/ministers/macfarlane/media-releases/national-radioactive-waste-management-facility

The Australian Government will not proceed with the nomination of the Muckaty Station site for the construction of a National Radioactive Waste Management Facility.

The National Radioactive Waste Management Act 2012 requires the voluntary nomination of a site and an agreement to any nomination from people or groups with relevant rights and interests.

The Government has agreed to a request from the Northern Land Council that the site, which was nominated in 2007, should not be considered for a waste management facility.

The Government will hold further discussions to identify a suitable alternative site. If a suitable site is not identified through these discussions the Government will commence a new tender process for nominations for another site in accordance with the Act.

[NB: FOLLOWING SENTENCE IS NOT TRUE] The Government is committed to ensuring Australia has an appropriate facility for the management of radioactive waste that is created within Australia, largely as a result of medical procedures.

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Statement from Labor Senator Nova Peris congratulating Muckaty Traditional Owners

Follow the link: https://twitter.com/NovaPeris/status/479556196223823874/photo/1

Senator Peris is one of a very small number of ALP politicians who spoke out – contraulations also to Gerry McCarthy. Most voted for Martin Ferguson’s racist legislation permitting the imposition of a nuclear dump on Aboriginal land with no consultation or consent.

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Northern Territory Muckaty waste dump plan abandoned

The Australian, June 19, 2014, Pia Akerman

http://www.theaustralian.com.au/news/nation/northern-territory-muckaty-waste-dump-plan-abandoned/story-e6frg6nf-1226959705496

THE federal government will persevere with plans for a nuclear waste dump in the Outback despite losing its preferred site during a protracted legal challenge.

Muckaty Station, 110km north of Tennant Creek, was chosen as a potential waste site by the Howard government in 2007.

The site was volunteered by the Northern Land Council, in a deal that was estimated to deliver the NLC $11 million and the Northern Territory government an initial $10m, plus about $2m a

year from other governments once the facility was operational.

A legal challenge by some elders who say they did not consent to the proposed nuclear waste facility was launched in 2010, with the trial running this month in Melbourne and the Northern Territory.

Today the Federal Court has been asked to dismiss the proceedings, on the basis that the commonwealth has agreed not to act upon the Muckaty nomination.

Industry Minister Ian Macfarlane said the site was off the agenda following a request from the NLC.

The council will be given the opportunity to nominate an alternative location.

“The government will hold further discussions to identify a suitable alternative site,” Mr Macfarlane said.

“If a suitable site is not identified through these discussions the government will commence a new tender process for nominations for another site in accordance with the Act.

“The National Radioactive Waste Management Act 2012 requires the voluntary nomination of a site and an agreement to any nomination from people or groups with relevant rights and interests.

“The government is committed to ensuring Australia has an appropriate facility for the management of radioactive waste that is created within Australia, largely as a result of medical procedures.”

The NLC said it had agreed to settle the case out of concern for relations among the Aboriginal clans which comprise the Muckaty Aboriginal Land Trust.

“The NLC notes that its acceptance of the offer is done without any admission of liability — that is, without any admission that the nomination was made in error,” said NLC chief executive officer Joe Morrison.

Mr Morrison said the NLC remained satisfied that it made the nomination with the consent of traditional owners and after consultation with other Aboriginal people with interests in the land.

“The NLC maintains that the nomination was not affected by any relevant error and that the legal challenge would have failed,” he said.

“However, it is apparent for various reasons — largely due to outside pressures, including pressures caused by divisive litigation — that a number of individuals have shifted their position since the nomination and no longer want the facility to be constructed on the nominated land.

“Because of the divisions within the Aboriginal community, the NLC is now of the view that it would be preferable if the commonwealth did not act on the nomination. The commonwealth has agreed with our proposition.”

The settlement will be without any admission of liability and Maurice Blackburn, which has represented the dump’s opponents, will not seek costs.

The firm’s social justice practice head Elizabeth O’Shea said their clients were thrilled.

“Aboriginal people at Muckaty have been fighting this plan for more than seven years and are overjoyed to have secured this outcome,” she said.

Australian Conservation Foundation anti-nuclear campaigner Dave Sweeney said the government could not begin again with a search for a “vulnerable postcode” to dump on.

“Muckaty was a bad idea from day one,” he said.

“We now need to move away from a 20-year failed search for a vulnerable community to dump on.”

The trial heard there was no realistic alternative to the Muckaty site.

Ron Merkel QC, representing Mark Lane Jangala and other opponents of the waste dump, said the case would have been dropped by now if there was any realistic alternative to Muckaty.

“Everything has been explored,” he said, adding that the prospect of a nuclear waste dump was inconsistent with a duty owed to ancestors to care for the land, and nuclear waste was akin to introducing “poison” to the soil.

Traditional owner Lorna Fejo said she had fought hard to protect the land for her children and grandchildren.

“My grandmother gave me that land in perfect condition and other lands to my two brothers, who are now deceased,’’ she said in a statement.

“It was our duty to protect that land and water because it was a gift from my grandmother to me.’’

She said she would now be able to pass it on in perfect condition.

With AAP

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Land council abandons Muckaty dump push

June 19, 2014, Neda Vanovac

http://news.smh.com.au/breaking-news-national/land-council-abandons-muckaty-dump-push-20140619-3af4c.html

The Northern Land Council (NLC) has abandoned its push to locate a national nuclear waste dump on Muckaty Station in the Northern Territory.

A surprises settlement was offered by lawyers for opponents of the dump and was signed off on Wednesday in Melbourne.

It comes halfway through a roving series of Federal Court hearings to take evidence from a number of Aboriginal clans from the station, 120km north of Tennant Creek, who said their wishes were overruled by a fifth clan and the NLC, who worked together to nominate the site.

The groups have been battling the dump for seven years since Muckaty was formally nominated in 2007.

The NLC says it settled out of concern for relations among the clans.

“The NLC notes that its acceptance of the offer is done without any admission of liability – that is, without any admission that the nomination was made in error,” CEO Joe Morrison said on Thursday.

Lawyers for the traditional land owners at Muckaty Station said their clients were overjoyed with the outcome.

“Every step of the process was opposed by people on the ground, and that may be one reason why they’ve decided to no longer rely on litigation,” Maurice Blackburn lawyer Elizabeth O’Shea told reporters in Melbourne.

Traditional owner Lorna Fejo said she had fought hard to protect the land for her children and grandchildren.

“My grandmother gave me that land in perfect condition and other lands to my two brothers, who are now deceased,” she said in a statement.

“It was our duty to protect that land and water because it was a gift from my grandmother to me.”

She said she would now be able to pass it on in perfect condition.

The Australian government has subsequently dumped plans to locate the facility at Muckaty.

Following a request from the NLC the site is off the agenda, Industry Minister Ian Macfarlane said.

The council will be given the opportunity to nominate an alternative location.

“If a suitable site is not identified … the government will commence a new tender process for nominations for another site,” Mr Macfarlane said.

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Muckaty could still house nuclear dump

AAP, 19 June 2014

http://www.dailymail.co.uk/wires/aap/article-2661965/Muckaty-house-nuclear-dump.html

Opponents of a nuclear waste dump in the Northern Territory have won the battle, but perhaps not the war.

The Northern Land Council has three months to nominate another site for Australia’s nuclear waste storage facility after abandoning the Muckaty site, following a seven-year battle with Aboriginal traditional owner groups who launched a Federal Court challenge against the NLC for what they said was inadequate consultation and a failure to obtain informed consent from all traditional owners.

The NLC settled with opponents of the dump midway through a trial that had travelled from Melbourne to Tennant Creek and Muckaty, and was due in Darwin next week.

“The NLC have walked away without being held truly accountable,” said Gerry McCarthy, local member for the Barkly tablelands, of which Muckaty is a part.

He now hopes for a scientific approach to locating the dump, which previous reports said would suit conditions in the northwestern corner of South Australia.

“Science will prove this facility needs to go to the driest part of this continent, (with) a water table very deep and preferably contaminated by salt, and also an area of minimal infrastructure that provides access to what will be low to intermediate-level waste coming home from France shortly,” he said.

Australian Conservation Foundation spokesman Dave Sweeney told AAP that for 20 years, successive governments had tried to find a “remote and vulnerable community and a remote place to dump Australian waste”.

He said the federal government needed “an open, inclusive, evidence-based assessment of the range of radioactive waste management options available” for responsible and effective long-term storage.

Clan members think the NLC capitulation is not the end of the matter, with Marlene Bennett saying they were “still feeling slightly apprehensive”.

Both sides maintain they would have won, with NLC CEO Joe Morrison saying it walked away to protect the Muckaty clans.

Five groups lay claim to the site nominated for the facility, with interwoven dreamings and intermarriages, resulting in divided families.

“I was disturbed by the fractures created in the community,” Mr Morrison said.

“At stake here is the fundamental right of Aboriginal people to decide for themselves how their land is to be used; (they) should be able to arrive at those decisions without the influence of outside groups who have their own agendas.”

But Natalie Wasley of the Beyond Nuclear Initiative said if concern for the community was so strong, the NLC could have acted seven years ago when the schism first appeared.

She denied her organisation had influenced traditional owners.

“It’s patronising to say traditional owners have been pushed around, told what to say and manipulated by interest groups, because clearly people are intelligent, articulate and able to make up their own minds about this decision,” she told AAP.

Federal Minister for Indigenous Affairs Nigel Scullion told ABC he hoped for another nomination of a northern site at Muckaty, not susceptible to the conflicts of the first.

Mr McCarthy said the NT couldn’t refuse the dump, which “should never be forced on a community due to constitutional exploitation”.

Spent nuclear fuel rods are due to be returned to Australia from France by mid-2015, and traditional owners are ready to continue their fight if Muckaty is circled again.

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Civil debate needed next time around

Centralian Advocate, Editorial, 20/06/2014

THE longwinded debate over the proposed nuclear waste dump at Muckaty Station is finally over.

The traditional owners have spoken and their voices have been heard with the Northern Land Council yesterday revoking its controversial offer to the Federal Government.

Some onlookers may suggest the closing decision was a result of a carefully constructed argument pitched by the defendants’ legal team, but it was the voice of the people that inevitably prevailed.

Fighting for what you believe in may not always be the easiest task. It can, however, be extremely rewarding if time, effort and dedication is maintained.

The Muckaty case has proven that even in the roughest times and in the toughest circumstances, individuals will unite and stand up for their rights. The traditional owners, and the greater community, have pushed their way through a prolonged and often painful battle.

It has also proved that no amount of money – no matter how great or small – can buy a communal treasure.

The Federal Government put their offer on the table, but refusal was inexorable – they weren’t going to budge. Small town community groups – in all their shapes, sizes and forms – will always have a voice. They will rise above the hardest circumstances, influence decision-making to the best of their ability, and continue to lobby against those who pose a potential threat.

In this case, they have challenged the Big Guys and come out on top.  …

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Muckaty dumped

Centralian Advocate, 20/06/2014

A LANDMARK swing by the Northern Land Council to dump Muckaty Station as its site of choice for storing nuclear waste has ended seven years of division among traditional owner groups in Central Australia. The NLC, which nominated the site about 120km north of Tennant Creek in 2007, made the shock announcement yesterday morning stating they were withdrawing the nomination because of divisive litigation and because “a number of individuals have shifted their positions”.

Warlmanpa woman Marlene Nungarrayi Bennett said she was shaking with excitement. “Today will go down in the history books of indigenous Australia on par with the Wave Hill Walk -off, Mabo and Blue Mud Bay,” she said. “We have showed the Commonwealth and the NLC that we will stand strong for this country. The NLC tried to divide and conquer us but they did not succeed.”

Reports say a surprise settlement was offered by lawyers for opponents of the dump and was signed off on Wednesday in Melbourne. The case was scheduled to be heard next week in Darwin.

Campaigner Paddy Gibson, who attended the court proceedings, said Darwin would have been a “bloodbath”. “The NLC didn’t have a leg to stand on.”

Lawyers supporting those against the site argued the NLC did not consult the relevant dreaming groups who passed through the land and its nomination was therefore invalid.

But Chief Executive Officer Joe Morrison said the NLC stood by its nomination processes. “The NLC maintains that the nomination was not affected by any relevant error and that the legal challenge would have failed,” he said.

Maurice Blackburn’s lawyer Lizzie O’Shea, who represented the opponents of the dump, said it was their view the NLC did not comply with the law.

“The clients presented a united front and told the judge the process had been flawed,” she said.

“This has been a hard fought litigation, not an easy battle by any stretch.”

The NLC will be given the opportunity to nominate an alternative location.

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Muckaty: A Little Lift For An Otherwise Black Day

By Chris Graham, 20 Jun 2014

Muckaty: A Little Lift For An Otherwise Black Day

Tomorrow is a black day for Aboriginal Australia. But at least one mob from the red centre have something to celebrate, writes Chris Graham.

Saturday marks the 7th anniversary of the Howard government launching an unprecedented assault on the lives of Aboriginal people in the Northern Territory.

Shortly after midday on June 21, 2007 – in the shadow of a federal election that threatened the annihilation of the Liberal-National Government – Prime Minister John Howard and Indigenous Affairs Minister Mal Brough announced the Northern Territory intervention, a policy that, with the backing of Labor, saw the suspension of the basic human rights of some of the nation’s most vulnerable citizens.

Seven years on, virtually every aspect of Aboriginal life in the Territory is demonstrably worse. School attendance is down. Alcohol-related violence is up. Unemployment and homelessness is entrenched. Incarceration rates are at world record levels. And reports of attempt suicide and self-harm have more than quadrupled.

The NT intervention continues today, having been extended by the Rudd and Gillard governments for another decade.

Not much to celebrate in that.

But some Central Australian blackfellas will be celebrating tomorrow… and the day after that… and the day after that.

Earlier this week, the Warlmanpa people – Traditional Owners of land in and around Muckaty Station, north of Tennant Creek – won a stunning victory in the Federal Court.

If you’re looking for a happy Aboriginal story to finish off an otherwise depressing political week, then watch this video, which explains what happened.

The law firm which ran the case pro-bono – Maurice Blackburn – has posted the video on YouTube. And a warning to New Matilda readers: It’s a bit of a tear-jerker, albeit a really happy one.

Elizabeth O’Shea, an Associate with Maurice Blackburn is interviewed in the video about the legal struggle.

“Aboriginal people have been fighting against a nomination of their land to be Australia’s first nuclear waste dump,” O’Shea says.

“That nomination was made seven years ago and they’ve been fighting every step of the way, which has ultimately now been resolved with the Commonwealth agreeing not to rely on that nomination.

“They’ve shown real courage and determination standing up to two really significant figures of authority in their lives (the Northern Land Council and the Commonwealth Government).

“That determination I think was not lost upon the Commonwealth in the evidence given in recent days.

“This has been hard fought litigation. We’ve had to struggle against the Commonwealth and the Northern Land Council every single step of the way.

“It’s taken four years to get to trial and our clients have shown resilience and determination, and we’ve tried to reflect that in the way we’ve approached this legal case.

“So we’re really proud to have taken it this far, and to have gotten a really good result for our clients.”

The most touching moment of the video is the moment when Nat Wasley from the Beyond Nuclear Initiative – a key group which backed the Warlmanpa people – breaks the news of the legal victory to Warlmanpa elders earlier this week.

The last word, however, belongs to Dianne Stokes, one of the senior Warlmanpa women who has helped lead the fight against the waste dump from day one.

“Adam Giles (Chief Minister of the Northern Territory), I want to let him know that if he wants to ignore our stories, our informations, he’s not going to keep the report from us,” says Stokes.

“Let him come and listen to us what we gonna tell him. We gonna tell him right here on this land.”

Land that is now safe from radioactive waste.

Happy Friday people!

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Muckaty could still house nuclear dump

AAP, 19 Jun 2014

http://www.sbs.com.au/news/article/2014/06/19/muckaty-could-still-house-nuclear-dump

The Northern Land Council has abandoned its push to locate a national nuclear waste dump on Muckaty Station in the Northern Territory.

Marlene Bennett might be “popping out of her skin” with relief that a national nuclear waste dump will not be located on her ancestors’ lands, but her people remain wary.

The Northern Land Council (NLC) announced on Thursday that it had settled with opponents of the dump and that Federal Court proceedings currently underway would be dismissed.

“We’ll probably have one of the first good sleeps we’ve had in eight years,” Ms Bennett told AAP.

“However, we’re still wary.”

Plans to locate a national radioactive waste storage facility at Muckaty have been in development since 2006, with several Aboriginal clans from the Muckaty Land Trust challenging the NLC’s determination that the Lauder family of the Ngapa clan were rightful owners of the land that would house the dump, 120km north of Tennant Creek.

There has been no admission of liability in settling the court case, with the NLC maintaining it consulted properly and obtained informed consent.

Opponents say it was secretive and shut out rightful owners of the site in favour of the Lauders.

“I think NLC should be thoroughly ashamed of themselves,” Ms Bennett said.

“They’re supposed to be there to protect the interests of indigenous people, protect the land, law, culture, rights. They’re not there to try and divide family groups, damage their relationships, all for that big dollar sign.”

The federal government offered $12 million, including a charitable trust for the whole community, a new road and
educational scholarships, but that will now be scrapped.

Kwementyaye Lauder, who has since passed away, was key in negotiating the dump.

“Like many people in this region she understood poverty and understood the importance of opportunity; it was this she was trying to create for the families of the region,” NLC CEO Joe Morrison said.

Healing a fractured community was the main reason given for dropping the case, but may be easier said than done.

“We need to forgive that cousin for what she’s done, because she was used,” Ms Bennett said.

“Rich and powerful people will do what they want because they have the money; they don’t care who they hurt, they just have to find the right person for the right price. I think it’s insulting that they targeted her and had discussions with her under the table.”

The NLC maintains these claims are fraudulent.

“I feel sad we have been fighting all these years,” said senior Milwayi traditional owner Bunny Nabarula, 84.

“They tried to separate people. This hurt my feelings.”

It took a Federal Court challenge to make the NLC listen, said Kylie Sambo.

“If you keep committing to the fight and keep going and never stop then the victory will be yours,” she told AAP.

But she echoed the comments of a number of family members that the NLC had broken their trust; they are seeking a boundary shift so Tennant Creek might once again be part of the Central Land Council, which has been sympathetic to their battle against the facility.

Although the federal government has accepted the withdrawal of the Muckaty site nomination, federal Minister for Indigenous Affairs Nigel Scullion told the ABC he hopes a second nomination can be made.

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Federal Court goes to Muckaty

June 14, 2014
By Mara Bonacci

https://www.greenleft.org.au/node/56628

Seven years after Muckaty Station was nominated as a radioactive waste dump site, a Federal Court challenge has begun in Tennant Creek, 500 kilometres north of Alice Springs and 120 kilometres south of the proposed dump site.
In 2007, the Northern Land Council (NLC) nominated Muckaty to the Commonwealth. The Federal Court challenge is based on the argument that the traditional owners were not properly consulted and they did not give consent.
The case began in Melbourne on June 2. Ron Merkel QC, appearing for traditional owners opposed to the waste dump, said the NLC’s nomination was a breach of the rights of traditional owners under the Aboriginal Land Rights Act NT (ALRA).
He said the federal government could not be considered an “innocent third party” in this breach of rights, given its close collaboration with the NLC through the nomination process.
Under ALRA, for a nomination to progress, the full council of the NLC needs to be satisfied that there is consent from traditional owners whose land will be affected. Such a resolution did pass council, but Merkel told the court: “The explanation provided to Full Council [about the nature of the agreement] was so woefully deficient that it doesn’t meet any standards of bona fides … and moves into maladministration.”
Merkel cited email correspondence in which the NLC’s legal officer, Ron Levy, said further consultations would have been “fraught with political risk” because they would give opportunity for “dissidents” within the Muckaty group to cause “mayhem”.
The Commonwealth Radioactive Waste Management Act (2005) was clearly designed to shut down legal avenues for Aboriginal people wanting to challenge the nomination of their land for a waste dump. The John Howard government went out of its way to ensure Aboriginal traditional owners were explicitly stripped of their rights in the 2005 act.
The land council produced two anthropological reports for the waste dump commission in 2006. The first report was 50 pages and the second was 20. The emphasis in the original report on shared responsibility for sites across Muckaty by all clan groups was absent in the second report. It was the second report that was eventually given to the minister to substantiate the NLC’s contention that exclusive traditional ownership of the nominated waste dump site is held by the narrow “Lauder branch of the Ngapa clan”.
The week of court proceedings in Melbourne focused on technical and anthropological evidence. However, the court has agreed to sit for two weeks in Tennant Creek to provide an opportunity for Justice Anthony North to see and experience the country being talked about and hear evidence from traditional owners. Questioning has focussed on the nomination process and their connections to the land.
The court was taken to the proposed dump site on June 9. Senior Warlmanpa man Dick Foster, one of the applicants challenging the waste dump, explained the dreaming stories that are significant to the nominated site and how these impact on the rights and responsibilities of different clan groups.
Bunny Nabarula, an 84-year-old Warlmanpa elder who has been a leading spokesperson in the campaign against the dump for seven years, also gave evidence on site. Nabarula alleged that the NLC have strongly supported the small family group who nominated the dump, while trying to exclude those opposed to the waste dump from access to some consultation meetings.
Nabarula argued that her clan, the Milwayi, have primary responsibility for the nominated site, but also that numerous clans have overlapping dreamings and responsibilities in the area, meaning that they would all need to be involved in major decisions such as the introduction of a nuclear waste dump.
Court proceedings will continue in Darwin.
If the government’s argument is accepted by the Court, the nomination of Muckaty as a nuclear waste dump will stand even if the traditional owners are found to have never consented to the nomination.
It may be months before a decision is made on this case. Justice North made it clear that his final decision could not in any way be based on the morality of putting a nuclear waste dump at Muckaty: “I’m not sitting here looking at the moral arguments, if I was I would have an easy answer.”

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The bipartisan nuclear war against Aboriginal people

Jim Green, Online Opinion, 11 July 2014

http://www.onlineopinion.com.au/view.asp?article=16489&page=0

The nuclear industry has been responsible for some of the crudest racism in Australia’s history. This radioactive racism dates from the British bomb tests in the 1950s and it has been evident in more recent debates over nuclear waste.

Since 2006 successive federal governments have been attempting to establish a nuclear waste dump at Muckaty, 110 kms north of Tennant Creek in the Northern Territory. A toxic trade-off of basic services for a radioactive waste dump has been part of this story from the start. The nomination of the Muckaty site was made with the promise of $12 million compensation package comprising roads, houses and scholarships. Muckaty Traditional Owner Kylie Sambo objected to this radioactive ransom: “I think that is a very, very stupid idea for us to sell our land to get better education and scholarships. As an Australian we should be already entitled to that.”

While a small group of Traditional Owners supported the dump, a large majority were opposed and some initiated legal action in the Federal Court challenging the nomination of the Muckaty site by the federal government and the Northern Land Council (NLC).

The Howard government passed the Commonwealth Radioactive Waste Management Act, overriding the Aboriginal Heritage Act, undermining the Aboriginal Land Rights Act, and allowing the imposition of a nuclear dump with no Aboriginal consultation or consent. ‘Practical reconciliation’ was the Howard government’s mantra.

Labor voted against the Commonwealth Radioactive Waste Management Act, with Labor parliamentarians describing it as “extreme”, “arrogant”, “draconian”, “sorry”, “sordid”, and “profoundly shameful”. At its 2007 national conference, Labor voted unanimously to repeal the legislation. Yet after the 2007 election, the Labor government passed legislation − the National Radioactive Waste Management Act (NRWMA) − which was almost as draconian and still permitted the imposition of a nuclear dump with no Aboriginal consultation or consent. Hooray for hypocrisy.

Then Prime Minister Kevin Rudd highlighted the life-story of Lorna Fejo (a.k.a. Nanna Nungala Fejo) during the National Apology in February 2008. At the same time, the Rudd government was stealing her land for a nuclear dump. Fejo said: “I’m very, very disappointed and downhearted about that [Muckaty legislation]. I’m really sad. The thing is − when are we going to have a fair go? Australia is supposed to be the land of the fair go. When are we going to have fair go? I’ve been stolen from my mother and now they’re stealing my land off me.”

Shamefully, the NLC supported legislation disempowering the people it is meant to represent. (The NLC is also facing a legal challenge from Traditional Owners in relation to the bauxite mine in north-east Arnhem Land.)

Labor’s Resources Minister Martin Ferguson drove the disgraceful NRWMA through parliament. He refused countless requests to meet with Traditional Owners opposed to the dump. Muckaty Traditional Owner Dianne Stokes said: “All along we have said we don’t want this dump on our land but we have been ignored. Martin Ferguson has avoided us and ignored our letters but he knows very well how we feel. He has been arrogant and secretive and he thinks he has gotten away with his plan but in fact he has a big fight on his hands.”

Dianne Stokes has not been alone. Many Traditional Owners were determined to stop the dump and they have been supported by the Beyond Nuclear Initiative, a pro bono legal team led by legal firm Maurice Blackburn, the Australian Nuclear Free Alliance, key trade unions including the Australian Council of Trade Unions, church groups, medical and public health organisations, local councils, the Australian Greens, and environmental groups such as Friends of the Earth, the Australian Conservation Foundation and the Environment Centre NT.

The Federal Court trial finally began in June 2014. After two weeks of evidence, the NLC gave up and agreed to recommend to the federal government the withdrawal of the nomination of Muckaty for a nuclear dump. The Abbott government accepted the recommendation (Tony Abbott himself might have been called to appear at the trial had it proceeded).

As a result of their surrender, the NLC and the Commonwealth did not have to face cross-examination in relation to numerous serious accusations raised in the first two weeks of the trial − including claims that the NLC rewrote an anthropologists’ report. Kylie Sambo said: “I believe [the NLC] didn’t want to go through that humiliation of what they really done. But it’s better now that they actually backed off. It’s good for us.”

Lorna Fejo said: “I feel ecstatic. I feel free because it was a long struggle to protect my land.”

Marlene Nungarrayi Bennett said: “Today will go down in the history books of Indigenous Australia on par with the Wave Hill Walk-off, Mabo and Blue Mud Bay. We have shown the Commonwealth and the NLC that we will stand strong for this country. The NLC tried to divide and conquer us but they did not succeed.”

Dianne Stokes said: “We will be still talking about our story in the communities up north so no one else has to go through this. We want to let the whole world know that we stood up very strong. We want to thank the supporters around the world that stood behind us and made us feel strong.”

After the celebrations, one immediate challenge for Muckaty Traditional Owners is to continue their campaign to have land council boundaries shifted so they can be represented by the Central Land Council instead of the NLC. Kylie Sambo said: “Hopefully we can continue to try and push the boundary for the NLC back up north a bit. We had a good trust there but then they broke it. It’s going to be tough, we stood and fought for eight long years and I think we can take on anything now.”

What did self-styled Aboriginal leaders such as Warren Mundine and Noel Pearson have to say about the Muckaty dispute? Nothing. In eight years they never once spoke up in support of Muckaty Traditional Owners. Likewise, Australia’s self-styled ‘pro-nuclear environmentalists’ − Adelaide University’s Barry Brook, uranium industry consultant Ben Heard, and others − never once voiced concern about the imposition of a nuclear dump on an unwilling Aboriginal community and their silence suggests they couldn’t care less about the racism of the industry they so stridently support.

Dumping on South Australia

The failed attempt to establish a dump at Muckaty followed the failed attempt to establish a dump in South Australia. In 1998, the Howard government announced its intention to build a nuclear waste dump near Woomera in South Australia. Leading the battle against the dump were the Kupa Piti Kungka Tjuta, a council of senior Aboriginal women from northern SA. Many of the Kungkas personally suffered the impacts of the British nuclear bomb tests at Maralinga and Emu in the 1950s.

The proposed dump generated such controversy in SA that the federal government hired a public relations company. Correspondence between the company and the government was released under Freedom of Information laws. In one exchange, a government official asked the PR company to remove sand-dunes from a photo to be used in a brochure. The explanation provided by the government official was that: “Dunes are a sensitive area with respect to Aboriginal Heritage”. The sand-dunes were removed from the photo, only for the government official to ask if the horizon could be straightened up as well. Terra nullius.

In 2003, the federal government used the Lands Acquisition Act 1989 to seize land for the dump. Native Title rights and interests were extinguished with the stroke of a pen. This took place with no forewarning and no consultation with Aboriginal people.

The Kungkas continued to implore the federal government to ‘get their ears out of their pockets’, and after six years the government did just that. In the lead-up to the 2004 federal election − after a Federal Court ruling that the federal government had acted illegally in stripping Traditional Owners of their native title rights, and with the dump issue biting politically in SA − the Howard government decided to cut its losses and abandon the dump plan.

The Kungkas wrote in an open letter: “People said that you can’t win against the Government. Just a few women. We just kept talking and telling them to get their ears out of their pockets and listen. We never said we were going to give up. Government has big money to buy their way out but we never gave up.”

The Kungkas victory had broader ramifications − it was a set-back for everyone who likes the idea of stripping Aboriginal people of their land and their land rights, and it was a set-back for the nuclear power lobby. Senator Nick Minchin, one of the Howard government ministers in charge of the failed attempt to impose a nuclear dump in SA, said in 2005: ”My experience with dealing with just low-level radioactive waste from our research reactor tells me it would be impossible to get any sort of consensus in this country around the management of the high-level waste a nuclear [power] reactor would produce.” Minchin told a Liberal Party council meeting that ”we must avoid being lumbered as the party that favours nuclear energy in this country” and that ”we would be political mugs if we got sucked into this”.

Nuclear War

Muckaty Traditional Owners have won a significant battle for country and culture, but the problems and patterns of radioactive racism persist. Racism in the uranium mining industry involves ignoring the concerns of Traditional Owners; divide-and-rule tactics; radioactive ransom; ‘humbugging’ Traditional Owners (exerting persistent, unwanted pressure); providing Traditional Owners with false information; and threats, including legal threats.

One example concerns the 1982 South Australian Roxby Downs Indenture Act, which sets the legal framework for the operation of BHP Billiton’s Olympic Dam uranium mine in SA. The Act was amended in 2011 but it retains exemptions from the SA Aboriginal Heritage Act. Traditional Owners were not even consulted. The SA government’s spokesperson in Parliament said: “BHP were satisfied with the current arrangements and insisted on the continuation of these arrangements, and the government did not consult further than that.”

That disgraceful performance illustrates a broader pattern. Aboriginal land rights and heritage protections are feeble at the best of times. But the legal rights and protections are repeatedly stripped away whenever they get in the way of nuclear or mining interests. Thus the Olympic Dam mine is largely exempt from the SA Aboriginal Heritage Act. Sub-section 40(6) of the Commonwealth’s Aboriginal Land Rights Act exempts the Ranger uranium mine in the NT from the Act and thus removed the right of veto that Mirarr Traditional Owners would otherwise have enjoyed. NSW legislation exempts uranium mines from provisions of the NSW Aboriginal Land Rights Act. Native Title rights were extinguished with the stroke of a pen to seize land for a radioactive waste dump in SA, and Aboriginal heritage laws and land rights were repeatedly overridden with the push to dump nuclear waste in the NT.

Most of those laws are supported by the Coalition and Labor. Radioactive racism in Australia is bipartisan.

The Muckaty battle has been won, but the nuclear war against Aboriginal people continues − and it will continue to be resisted, with the Aboriginal-led Australian Nuclear Free Alliance playing a leading role.