The Gillard government should not try to pass legislation that would allow a national radioactive waste dump on Muckaty Land Trust in the Northern Territory before the Federal Court case opposing it lodged by some traditional owners of the Land Trust is heard, Oxfam Australia said today.

The National Radioactive Waste Management Bill 2010 is due to be debated in Parliament this week in the face of opposition from some Aboriginal traditional owners of Muckaty Land Trust who lodged the case with the Federal Court contesting the process used to nominate the land as a radioactive waste site.

In 2007, the then Opposition Labor Party recognised that many Aboriginal people in the Muckaty Land Trust area opposed the waste facility and committed to 'the centrality of community consultation and support' for nominating locations for the waste facility.

Oxfam Australia Policy Director James Ensor said it was inappropriate for the government to have the legislation passed before the outcome of the Federal Court case.

“With key issues of ownership, traditional owner consent and affected community support for the radioactive waste facility currently before the Federal Court, the Gillard Government should defer debate on this controversial legislation.

“Oxfam’s objection is not based on being opposed to this facility per se, but as a rights-based development agency we are concerned that passage of this legislation is potentially inconsistent with Australia’s obligations under the United Nations Declaration on the Rights of Indigenous Peoples.

“As a signatory to the Declaration, Australia has committed to obtaining the free, prior, and informed consent of Indigenous peoples before adopting laws and policies which may affect them.

“The government must wait for the ruling of the Federal Court rather than attempting to debate and pass the National Radioactive Waste Management legislation this week,” Mr Ensor said.

Oxfam said it believes the government should reinstate the present Aboriginal Land Rights Act consultative and decision making processes for determining radioactive waste disposal sites.