A decision to build a $325 million low and medium-level nuclear waste facility on the Eyre Peninsula has been overturned following a federal court challenge.
This week, the project slated for a parcel of land west of Kimba was "set aside" by Justice Natalie Charelesworth after a challenge from the Barngarla People was successful.
The traditional owners said they were not consulted correctly prior to the project's approval two years ago, with only District Council of Kimba residents allowed to vote on the issue which would see the waste facility built on a women's dreaming site.
The decision was challenged on five grounds by the Barngarla People with an apprehension of bias challenge the successful submission.
The group believed former federal Minister for Resources Keith Pitt had already decided the Kimba site would house the facility before any consultation took place.
Justice Charlesworth ruled in favour of the group this week, with Mr Pitt's recommendation for the site now set aside.
A statement from current federal Minister for Resources Madeleine King said Labor worked with the Barngarla People in the last term of parliament to ensure they secured the right to seek judicial review of the decision to acquire the facility site.
"The principle of judicial review is an important process the government fully supports," she said.
"As some matters remain before the courts, it would be inappropriate to make further comment."
The Australian Conservation Foundation welcomed the decision and said it had always been a divisive and deficient plan.
"The court has now confirmed it was also an unlawful one - there is now clearly no basis for this deeply flawed radioactive waste plan," ACF's Dave Sweeney said.
"ACF calls on the federal government to halt this failed plan and adopt a new approach."
Buckleboo farmer Peter Woolford said the ability to have concerns understood by an independent party was a win for the Barngarla People.
"It's also a pretty significant decision for our community and agriculture in the region," he said.
"Last year in the Kimba district alone there was probably $150m in grain - across the Eyre Peninsula there would've been billions - so why would you expose a thriving industry to any risk or stigma which could destroy it?
"We just want to find the right site and to find it legally and fairly - Australia is a big country and there's plenty of land out there they can look at."
On August 7 there will be a further hearing to determine technical details about timing and costs.
KIMBA DECISION SETS 'DANGEROUS PRECEDENCE'
Proposed Kimba nuclear waste dump landholder Andrew Baldock said this week's court ruling to set aside the site recommendation was deflating for himself and the community.
Revealed on Tuesday, the future of the 211 hectare site is now in limbo according to Mr Baldock, who believed the project would provide a secure future for the Eyre Peninsula town.
"The project provides different job opportunities to help shore up our town and grow our declining population," he said.
"It would've, and hopefully still will, secure Kimba as a service community for both agriculture and other other projects."
Mr Baldock said the decision set a dangerous precedence for commercial projects on freehold land.
"It's really worrying what sort of right to veto various indigenous groups have," he said.
"Where does that leave us in doing projects on our own land in general?"
Federal Member for Grey Rowan Ramsey echoed Mr Baldock's statement and said Justice Natalie Charlesworth had made a decision which called into question the integrity of every freehold title in the land.
"Tuesday's decision...should be challenged immediately by the federal government," he said.
The country's current nuclear waste site at Lucas Heights will reach capacity in 2028 according to Mr Ramsey who said it was incumbent on the government to find and establish a new site before then.
Working for Kimba's future chair Meagan Lienert said the group would not stop fighting for the waste site to be established at Kimba.
"For the sake of our community, our children and for our country to have a nuclear waste site we can't let it go," she said.
Katie Jackson
Journalist at Stock Journal. Born into a journo family in the state's South East, Katie made the move to the big smoke to join the team in early 2022 after seven years spent at various mastheads in the regions.
Journalist at Stock Journal. Born into a journo family in the state's South East, Katie made the move to the big smoke to join the team in early 2022 after seven years spent at various mastheads in the regions.
