Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

My question is also to Senator Farrell, but in this case in his capacity as the Minister representing the Minister for Resources. I refer the minister to the recent Federal Court judgement which set aside the selection of the Napandee site, near Kimba, for the proposed national radioactive waste management facility. Will the Albanese government appeal this decision, and, if a decision has not yet been made, when will the government determine whether it will appeal the decision?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I thank Senator Birmingham for his question and the issue which he has raised, which of course affects part of his own state of South Australia, and in particular the selection of Kimba as a site for the waste depository centre. I suppose the simple answer to your question is that this matter is obviously a matter in the court or before the courts, and we don't generally comment on these matters when judicial matters are proceeding. That is the first point to make. The principle of judicial review is an important process which the government fully supports, and my recollection is that, when this issue was debated in the previous parliament, the provisions for judicial review were one of the things that the then minister inserted into the processes—

Matthew Canavan (Queensland, Liberal National Party) Share this | Link to this | Hansard source

No!

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Senator Canavan says no, but if I'm wrong on that I'll correct it. But my recollection is that, as part of the agreement to get the processes through this place, the judicial review was inserted into the provisions. But, as I say, if I'm wrong on that, I'll come back and correct it. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham, first supplementary?

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

Minister, considering the serious implications of this decision, particularly for nuclear medicines like cancer treatments, how will you ensure swiftly that certainty is given for their continued development in Australia? Given your comments about judicial review, does the government reserve the right to legislate a remedy so that the site at Napandee can proceed as planned?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I thank Senator Birmingham for his first supplementary question. We understand that the issue of how we deal with low-level nuclear waste, which is often stored in hospitals around the country, has been a contentious issue for a very long period of time. Of course, one of the possibilities was that the site at Kimba would resolve that issue. Can I say this: Australia's radioactive waste is currently being safely managed in temporary storage arrangements right around the country. It is being safely managed right now, and you have nothing to worry about.

Sue Lines (President) Share this | Link to this | Hansard source

Second supplementary, Senator Birmingham?

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

Does the minister acknowledge the increasing urgency of resolving this issue? Does the government support proceeding with the proposed site at Napandee for low- and intermediate-level radioactive waste storage, given the importance to our nuclear medicine industries and also given the additional obligations Australia has committed to under the AUKUS arrangements?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

My recollection—and, again, I may not be correct in this—is this whole process started with a Labor minister. Yes, don't look so surprised, Senator Cash! My recollection is that it was the late Simon Crean who started the discussion about how we deal with the serious issue of low-level nuclear waste.

Well, if you stop interrupting me, I can answer your question. We understand the importance of this issue. We do say that these— (Time expired)