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Media statement on Barngarla Determination Aboriginal Corporation v District Council of Kimba

On 12 July 2019, His Honour Justice White delivered his judgment in the matter of Barngarla Aboriginal Determination Corporation v District Council of Kimba (SAD236/2018). At that time, the Court found in favour of Council. However, as the community may be aware, on 1 August 2019, the Barngarla Determination Aboriginal Corporation filed a Notice of Appeal in the Federal Court of Australia, appealing against the court’s decision and seeking to have it overturned.

Despite the appeal, at its ordinary meeting held on 14 August 2019, Council reaffirmed its intention to facilitate a National Radioactive Waste Management Facility site selection ballot on behalf of the Minister for Resources and Northern Australia(74 kb).

While Council acknowledges the appeal currently before the Federal Court of Australia, it considers that His Honour Justice White’s reasons for judgment were strong, and supported Council’s decision to facilitate a ballot. For this reason, together with the fact there is no legal impediment to the ballot proceeding, Council has determined to act consistently with its earlier decision.

Accordingly, it is anticipated that planning will commence immediately and that the ballot will be concluded prior to the end of 2019. Council will liaise with the community to ensure that eligible electors are engaged and able to effectively express their views through the process.

Council will not be making any further comment in relation to the appeal at this time.



District Councl of Kimba

Cross Street (PO Box 189)

Kimba SA 5641