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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-05-17 Daily Xml
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Nuclear Waste

The Hon. M.C. PARNELL (15:19): I seek leave to make a brief explanation before asking the Minister for Sustainability, Environment and Conservation a question about nuclear waste dumps on crown land.

Leave granted.

The Hon. M.C. PARNELL: On 29 April, the federal Minister for Energy, Resources and Northern Australia, Mr Josh Frydenburg, announced that the short list of six self-nominated sites for a commonwealth nuclear waste dump had been narrowed down to just one site, being at Barndioota in the Flinders Ranges in South Australia.

As members know, the land in question is crown land; it is under the Crown Land Management Act 2009 and is subject to a perpetual lease. As the minister knows, under the Crown Land Management Act, a lessee is not able to excise any part of the lease without the express permission of the minister, or to use any part of the lease for a nuclear waste dump without the minister's permission. In other words, leaving aside the legislative prohibition on nuclear waste dumps in this state found in the Nuclear Waste Storage Facility Prohibition Act 2000, there is the more fundamental issue that the ultimate fate of the land in question is squarely in the hands of the minister. There is only one site being considered, and that is crown land under the control of the minister.

No-one believes that the federal government would have put all its eggs in one basket unless it had some assurance that it had the support of the ultimate owner of the land as represented by the minister. My questions of the minister are:

1. What discussions has the minister or his department had with the federal government over a possible commonwealth nuclear waste dump at Barndioota in South Australia?

2. What assurances has the minister or his department given to the federal government?

3. Have any contracts, memoranda of understanding or other documents been prepared to reflect the state government's support for this nuclear waste dump, and will the minister share those documents with the South Australian public and this parliament?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (15:21): I thank the honourable member for his most important questions. He is quite right; I understand that the land he refers to that the federal government has shortlisted, along with other areas, is land that is held under a perpetual pastoral lease and as such is crown land. My understanding is that the federal legislation specifically contemplated that and made provision, either in the legislation—I cannot say—or in the regulatory approach that the federal government has taken to allow for leaseholders to nominate land to the federal government.

That does not, of course, answer any of the questions the honourable member has about what role I might have as the manager of crown lands in terms of that matter, but, from the federal government's point of view, my understanding is that their procedure allowed leaseholders to directly nominate to them, putting aside what that might mean in terms of our own legislation.

In terms of any discussions that I have had with the federal government about this, I cannot recall that there have been any. I cannot recall immediately that there has been any written communication to me about this either. There may have been some officer level discussions. I will have to take that question on notice and bring back a response, but as far as I am aware there has been no federal government contact with me or my office in relation to any discussions about this or any approval process. Whilst there may have been officer to officer contact which I am not aware of, I will make those inquiries and bring back the answer to the member.

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