Barngarla V Kimba Goes To Human Rights Commission

The Supreme Court in SA has adjourned the Barngarla Aboriginal Corporation v Kimba District Council nuclear ballot case while it is considered for possible conciliation in the Australian Human Rights Commission. 

The Barngarla Determination Aboriginal Corporation has complained that the conduct of the ballot proposed by the Kimba District Council seeking opinions on the placement of a National Radioactive Waste Facility near Kimba would exclude native title holders that live out of the local area. Lawyers for Barngarla have argued that the poll breaches the Racial Discrimination Act.

The Full Supreme Court earlier in the day heard arguments that the Barngarla case about a poll about the National nuclear waste site raises constitutional issues and so should be referred to Commonwealth & State Attorney Generals, further delaying the case and the ballot. Arguments over the proper court to consider the matter continue and the injunction remains until a further order.

Another poll, about the placement of a waste site near Hawker in the Flinders Ranges has been deferred pending the outcome of the Barngarla Case.

CEO of Adnyamathanha Traditional Lands Association (ATLA) Vince Coulthard, native title holders for areas around the Flinders Ranges, attended court and expressed his support for the Barngarla legal action.

A small group of protesters gathered outside the Supreme Court at the start of the hearing on Thursday 23 August 2018 (pictured)

By Lucy Kingston

SANTS acknowledges that the land on which our office is based is the traditional lands for the Kaurna people and we respect their spiritual and cultural relationship with their country.