Legislative Council: Wednesday, April 13, 2016

Contents

Nuclear Waste

In reply to the Hon. M.C. PARNELL (8 March 2016).

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy): The Premier has received the following advice:

The government has not broken the law. Section 13 of the Nuclear Waste Storage Facility (Prohibition) Act 2000 provides that no public money may be appropriated, expended or advanced to any person for the purpose of encouraging or financing any activity associated with the construction or operation of a nuclear waste storage facility in this state.

It is the government's position that, until there is an identifiable proposal for the construction of a nuclear waste storage facility in South Australia, section 13 cannot be engaged. Whether section 13 is engaged by the Nuclear Fuel Cycle Royal Commission's report is not yet known. It will depend upon the report.

The repeal of section 13 is necessary because section 13 has the potential to prevent the government from consulting on the merits of a nuclear waste storage facility, once the Royal Commission hands down its final report on 6 May 2016.

The repeal of Section 13 does not signal a shift in the government's policy on nuclear waste storage.

On 15 February 2016, the Premier committed to deciding on next steps and embarking on the next stage of discussions with the South Australian community following the release of the final report.

The repeal of section 13 is to ensure barriers that prevent consultation with the community are removed.

The government awaits the release of the Royal Commissions' final report and will then consult on the report's findings.

It will not release any public feedback prior to embarking on the next stage of the discussion with the South Australian community as part of the deliberative process.