The Barngarla Determination Aboriginal Corporation in December applied for judicial review in an attempt to thwart construction of the controversial radioactive waste storage facility at Napandee near Kimba on the Eyre Peninsula, arguing they weren’t properly consulted before the site was selected.

Despite the active legal challenge, the Federal Court was told in June that the government had already approved plans to begin earthworks.

That prompted South Australian Greens Senator Barbara Pocock to last week write to federal Resources Minister Madeleine King asking her to commit to suspending all preparatory work and construction at the site pending the outcome of the court proceedings.

“The Barngarla people are unanimously opposed to the waste dump,” she wrote in the letter, seen by InDaily.

“The site is an important part of their culture and heritage, yet they were not consulted on the proposal.

“In light of the Barngarla opposition and lack of consultation, I write to ask that you commit to suspending all preparatory work and construction in relation to building the waste dump at Napandee, pending the outcome of the current judicial review and court proceedings underway.”

Barngarla Determination Aboriginal Corporation chair Jason Bilney did not respond to InDaily’s request for comment, but a spokesperson from the Native Title group confirmed it did not want to incur the costs of an injunction and had written to King urging her to commit to suspending earthworks.

“We have asked the Minister to commit to not building the facility whilst the case in happening, as we expect to win the case and we think it is entirely inappropriate,” they said.

InDaily understands the earthworks are yet to begin on the site, despite the plans being approved.

It comes after the Barngarla Native Title group last month won a separate Supreme Court bid to overturn former Premier Steven Marshall’s decision to allow a mineral exploration company to drill at Lake Torrens in the state’s outback.

At the time, Bilney said the group was buoyed by the win as they continued their legal fight to stop the Napandee nuclear waste facility from going ahead.

But new information released by the federal government reveals it is spending three times more than Barngarla Traditional Owners fighting the project in the Federal Court.

In response to a question on notice lodged by Pocock, the government stated that between December and July, it had spent $343,457.44 on legal fees.

That compares to the approximate $124,000 spent by the Barngarla Determination Aboriginal Corporation over the same period.

The Native Title group estimates that the total cost incurred by the federal government would run into the millions.

Pocock said the disparity between the spending was “disproportionate and just unfair”.

“This is a David and Goliath case,” she said.

“The spend so far shows that the government is doing all in their power to minimise the voices and traditional rights of the Barngarla people.”

A spokesperson for King said because the matter was before the courts, it would be inappropriate for her to comment.

“The government is committed to working with the Traditional Owners as we progress with the project and that protecting and preserving Aboriginal cultural heritage is of fundamental importance in delivering this facility,” they said.

The Napandee site was selected by the former Morrison Government in November last year, with then Resources Minister Keith Pitt saying the government had secured “majority support” from the local community after more than “six years of consultation”.

But Barngarla Traditional Owners opposed the project and argued they were not included in the consultation.

South Australian Labor has long called for Barngarla people to have the right to veto the project, with Premier Peter Malinauskas telling ABC Radio Adelaide this morning that the state government had expressed its views to the federal government.

“That has been state Labor’s position I understand ever since 2016 since (former Premier) Jay Weatherill announced it and the parliamentary Labor Party under my leadership hasn’t change their position,” he said.

“I think that the traditional owners of the land on a project as controversial and as significant as this one, and as long lasting as this one, are entitled to have a say and that is what has underpinned our position.”

– with AAP