Federal Resources Minister Madeleine King said this morning the government will not appeal the Federal Court ruling last month in favour of the Barngarla Determination Aboriginal Corporation’s battle to stop the controversial low-level waste repository on the Eyre Peninsula.

The region’s federal Liberal MP Rohan Ramsay, who lives near Kimba, described the announcement as “a cowardly abandonment of Australia’s long-term interests” calling into question the government’s ability to find a home for nuclear waste.

“I’m just incredibly disappointed for the community, despite the fact it will be celebrated by some,” Ramsay said.

“I’m concerned for the fact that the government now has no plan for the Australian Nuclear Science and Technology Organisation and how it will manage its nuclear waste.”

The costly court battle centred on the Barngarla arguing that Indigenous owners were not consulted by the former Morrison Government when it announced it had won “majority support” of 61 per cent in the community for the Napandee site.

Justice Natalie Charlesworth quashed former Federal Resources Minister Keith Pitt’s decision to build the National Radioactive Waste Management Facility in Kimba, saying it was affected “by bias”.

InDaily reported last September that in reply to questions on notice, SA senator Barbara Pocock heard that since January 1, 2017, the Commonwealth Government had spent at least $9,905,737 on legal work for the nuclear waste dump and the Australian Radioactive Waste Agency.

King said this morning that work on the Napandee site already completed was “non-permanent and will be reversed”, adding that the government was already searching for other options.

“The site is currently being supervised to ensure it remains safe and cultural heritage is protected while we work through dispossession of the land,” she said.

King visited the region in January and also met Barngarla Determination Aboriginal Corporation board members.

Kimba is sited halfway across Australia on National Highway One, with the farming town home to 1300 people.

Its community heard the waste repository project would create 45 new local jobs and inject $300 million in construction work into the local economy, with Ramsay claiming many had invested in businesses as they expected the repository would go ahead.

Local council Mayor Dean Johnson has formerly spoken in support of the plan that also has led to Kimba being awarded $2 million in grants through a Community Benefit Program, but InDaily was unable to reach him for comment today.

Conservation Council SA supported the Barngarla court action, with chief executive Craig Wilkins today saying the minister’s decision to walk away from the Kimba site was a “totally appropriate response”.

“There was no way forward around Kimba legally and morally, and so we strongly welcome their decision to not appeal and to walk away from what was a very divisive and unfortunate process which they inherited from the Morrison government,” Wilkins said.

“It’s really important that they see this moment as a real opportunity for a reset and start to doing it properly.

Wilkins described the court action as “an extraordinary David and Goliath legal fight, and enormous credit must go to the Barngarla people”.

“They have spent hundreds and hundreds of thousands of their own money to try and win this, because they wanted to stand up for their country and they were deeply distressed that they were cut out of the consultation process,” he said.

Barngarla Determination Aboriginal Corporation chairperson Jason Bilney acknowledged “my Barngarla people for being so strong and the resilience of our community to fight this waste dump”.

“We welcome the move by Minister King today to listen to our voices and walk away from the atrocious conduct of the former government. Today, this ends, and I thank everyone who has been with us along the way,” Bilney said.

Barngarla Elder Aunty Dawn Taylor added that: “This plan was flawed from the start and finally today, things went our way and there will be no dump on our land.”

Barngarla elder Linda Dare celebrates today’s Federal Court decision. Photo: Tony Lewis/InDaily

The leader of the federal Nationals party David Littleproud labelled the decision to walk away from the Kimba site as “profoundly disappointing”, and a “legacy failure” for Australia’s radioactive waste management program.

“Australia has a long and proud history of nuclear science, operating over many decades, and the development of this facility was the next step in this process,” Littleproud said.

“The former Coalition government proactively engaged with the local Kimba community and Barngarla people and underwent a significant consultation process over a number of years.

“Seven years of work has gone into developing the national radioactive waste management facility and in one swift moment, the government has erased that progress.”