Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

The simple answer is no. I do not know whether the senator misunderstands or clearly has a political position, which he just advanced and which is a little overdramatic. I am not sure that the apology to the stolen generation and a decision about this site are quite on a par.

The key response to the senator's question is that this legislation will allow us to deal with the Muckaty site or any other site. The legislation can survive any decision that is made in the court case. It is the case that we have an existing deed—a contractual obligation—in relation to Muckaty Station and that we look to honour that. A decision in the court would be binding on the government and would therefore be observed. The act allows us to deal with volunteer sites—Muckaty and others. It is not correct to say that the whole bill is dependent on Muckaty; it is not at all.

The rather emotive arguments about the impact of the decision are quite misplaced. It is the case that people have different views about this, as they will about any site. These issues are always contentious. It is important that people are allowed to pursue their legal rights. Some are doing so, and they will have their day in court. The court will make a judgment, and the government will abide by that judgment. This legislation provides the framework for the government to deal with Muckaty Station or other volunteer nominations, which allow for people to volunteer their interests and land to support us having a site. I do not think anyone contests the fact that we need a waste site and that current arrangements are unsatisfactory.

As the newly appointed science minister I have been briefed on those arrangements, and it has reinforced for me that we need to do better than we currently are in managing that waste. This issue has a long history, and I understand the emotion and the various views about it. This legislation allows the government to get on with resolving this longstanding matter. It allows us to honour the agreement with the traditional owners of Muckaty Station and to follow the process and assessment through; it also allows us to do so with other sites. The act recognises the existing contractual relationship with the traditional owners of Muckaty Station. A successful action in the Federal Court to remove the nomination of Muckaty Station would not challenge the act and would not prevent us from proceeding with the architecture that is contained in the act.