find the latest legal job
Banking Associate - 1-6PQE - Allen & Overy
Category: Banking and Finance Law | Location: United Kingdom
· Banking Associate - 1-6 PQE - Allen & Overy
View details
Academic Dean and Head of School of the TC Beirne School of Law
Category: Other | Location: Brisbane QLD 4000
· An outstanding opportunity · Provide educational, research and organisational leadership
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: Arncliffe NSW 2205
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: All Sydney NSW
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: Sydney NSW 2000
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
Lawyers shun nuclear waste laws

Lawyers shun nuclear waste laws

The law firm acting pro bono for the Muckaty legal challenge says new federal laws on nuclear waste will have no impact on their case.

 

Maurice Blackburn lawyers says the passage of the National Radioactive Waste Management Bill will not affect the Federal court challenge over the nuclear waste dump at Muckaty near Tennant Creek. 

In 2007, the Northern Land Council nominated Muckaty as a proposed site for the deposit of radioactive materials under the Commonwealth Radioactive Waste Management Act 2005.  The new Act repeals the old act, but provides for nominations under the old act to continue.

The legal case will continue regardless of the passage of this legislation, said Elizabeth O’Shea, lawyer for a number of traditional owners representing five different groups with an interest in Muckaty.

“This law does not dilute the resolve of Traditional Owners who are opposed to the Muckaty nuclear dump. They did not give consent and were not sufficiently consulted over the nomination of their land for Australia's first radioactive waste dump. They want to keep the land safe for their communities,  their children and future generations."

Traditional owner and applicant in the proceedings, Lorna Fejo, said she is still opposed to the dump in spite of the bill.

“it’s our land and we are going to continue fighting for it. It’s my heritage and no one has the right to take that away from us. I am still opposed to the dump in spite of this bill passing. 

Legal proceedings against the Federal Government and the Northern Land Council (NLC) began in June 2010 and a mediation held last year failed to reach agreement over the land. The case goes back to the Federal Court for a two-day hearing on procedural matters at the end of the month. Ron Merkel QC is appearing for the traditional owners.

“There are allegations that the NLC engaged in misconduct and breach of fiduciary duty by their actions in nominating the Muckaty site. These are important claims to have resolved in court before any further assessment of the Muckaty site goes ahead,” said O’Shea.

“The National Radioactive Waste Management Act offers some minimal procedural fairness provisions which must be followed in the process of declaring the site of the dump. It also preserves the only nomination currently on foot - Muckaty – and does not remedy the alleged substantial flaws in that nomination which are the subject of the Federal Court challenge. The challenge will go ahead and the Minister for Resources and Energy Martin Ferguson has maintained that he will respect the outcome of the Federal Court case.” 

 

Like this story? Read more:

Book commemorates diamond milestone for WA law society

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

Lawyers shun nuclear waste laws
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Gavel, legal book, criminal lawyers
Jan 19 2018
Three criminal lawyers named NSW magistrates
The NSW Attorney-General has announced the appointment of three new local court magistrates. ...
Warning
Jan 18 2018
Lawyer highlights ‘unintended consequences’ on SSM estate planning
A succession lawyer has warned that the right for same-sex couples to legally marry could have a sub...
drug rehabilitation services available in rural and remote communities
Jan 18 2018
ALS survey shines spotlight on insufficient rehabilitation services
A new survey posted by the Aboriginal Legal Service (NSW/ACT) has revealed an alarming insight into ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...