'Traditional owners on South Australia's Eyre Peninsula have won a legal challenge to stop the federal government building a nuclear waste facility near Kimba.
Key points:
The federal government selected Kimba as the site for future storage of nuclear waste
The Federal Court today ruled in their favour, setting aside the government's decision
The federal government had planned to store low and intermediate level radioactive waste at the proposed facility.
Barngarla traditional owners applied for a judicial review in the Federal Court, arguing the facility would interfere with a sacred site.
They also said they were not properly consulted about the plan before it was approved in 2021.
The court this morning ruled in favour of the native title group, leaving the future of the project in severe doubt.
The court set aside a federal government declaration made in 2021 formally selecting the site for the facility.
Justice Natalie Charlesworth made the decision in favour of the Barngarla people on the grounds there was apprehended bias in the decision-making process in selecting the site due to "pre-judgement".
Justice Charlesworth also found there was an error of law, but concluded it did not have a "material effect" on the outcome of the declaration of the site.
An application for legal costs, which are substantial, will be heard later.
The decision was welcomed by opponents of the nuclear facility, who had travelled to the Federal Court building and cheered following the outcome.'
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