The Slow Decay.

Nuclear-waste-dump proposals

In plain terms

For thirty years South Australia has been asked to store the nation's nuclear waste. It has never said a clear yes on terms the affected communities accepted. The last plan was only unwound in court.

The question is coming back bigger. The AUKUS submarines will need a permanent home for their reactor waste within a generation. Canberra has already passed a law that lets it overrule the state law meant to stop that.

So Labor's long-running opposition is about to be tested. Talk is easy. The real test is whether South Australians get a genuine say. That includes the Barngarla, Kokatha and Adnyamathanha people, whose country keeps getting named.

Key facts, dated and sourced

  • On 6 May 2016 the South Australian Nuclear Fuel Cycle Royal Commission reported that importing high-level waste could earn roughly $257 billion in revenue against $145 billion in costs over about 120 years (approx.; Royal Commission Final Report).
  • On 6 November 2016 two-thirds of the 350-member Citizens' Jury rejected the proposal "under any circumstances" (Nuclear Fuel Cycle Citizens' Jury, Final Report).
  • In November 2019 Kimba's official ballot returned 61.6 per cent Yes (452 of 734 formal votes), short of the 65 per cent the federal government had said it wanted (DISER, 8 November 2019).
  • On 18 July 2023 the Federal Court set aside the Napandee site declaration for apprehended bias, and on 10 August 2023 the Commonwealth confirmed it would not appeal (Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809; Minister King statement).
  • Defence Minister Marles told the House on 22 March 2023 that the first AUKUS submarine's reactor waste would not need dealing with until the 2050s, and no permanent site has been named (Ministerial Statement; Australian Submarine Agency).

The 90-second read

Recurring plans to host national nuclear waste and the communities that resist them.

South Australia has spent three decades being asked, in one form or another, whether it will store the nation's nuclear waste, and it has never once said a clear yes on terms the people most affected actually accepted. That question is about to get bigger: Australia's AUKUS submarines will need a permanent home for high-level reactor waste within a generation, and the Commonwealth has already legislated power to override the state law written specifically to stop that waste landing here without consent. Whether Malinauskas Labor can convert three decades of rhetorical opposition into an actual say for South Australians — and for the Barngarla, Kokatha and Adnyamathanha communities whose country is most often proposed — will decide whether the next site is chosen with consent or, like the last one, only unwound by a court.

In November 2019, two ballot counts happened in the same small farming district on South Australia's Eyre Peninsula, and only one of them made the news. The District Council of Kimba tallied 734 formal votes on whether the town should host Australia's first purpose-built national radioactive waste facility: 452 people, or 61.6 per cent, voted yes — short of the 65 per cent the federal government had said it wanted to see before calling the result a clear community mandate. A few kilometres away, the Barngarla people, the native title holders whose country takes in most of the district, ran a ballot of their own, because the official one did not count them: renters, adult children of ratepayers, and Barngarla people who did not personally own land nearby were all excluded from the roll used for the council vote. Every Barngarla vote cast in their own ballot was against the dump. Both results were true at once, about the same paddocks of wheat and sheep country, on the question of who would host radioactive material for millennia. Only the version with the bigger raw number went on to become Commonwealth policy — until a Federal Court judge decided, nearly four years later, that the process itself could not stand.

That split verdict is the latest instalment in an argument South Australia has been having with itself, and with Canberra, for three decades. Malinauskas Labor now governs a state juggling three separate nuclear-waste questions at once: a shelved 2016 plan to import the world's high-level waste for profit, a just-collapsed federal push to build a national low- and intermediate-level waste store on Eyre Peninsula soil, and a live, unresolved question about where the high-level waste from Australia's own AUKUS submarines will eventually go. Every one of them has run into the same obstacle — a South Australian community, asked directly, that has not freely agreed to host the material.

What happened

The state government opened this chapter itself. In February 2015, Premier Jay Weatherill's Labor Government established a Royal Commission into South Australia's role in the nuclear fuel cycle, chaired by former state Governor and retired Rear Admiral Kevin Scarce. Its brief covered uranium mining, enrichment, power generation and waste, but the commercial case that dominated the debate afterwards concerned waste. The Commission's final report, delivered on 6 May 2016, judged nuclear power uneconomic for the state at the time, but concluded South Australia could safely and profitably store and dispose of high-level waste from other countries' reactors in a deep geological repository — modelling projected roughly $257 billion in revenue against $145 billion in costs over the project's roughly 120-year life (approx.), a net figure the Commission itself described as deliberately conservative.

Weatherill did not try to legislate the plan straight away. His government ran an extensive public consultation and then convened a randomly selected, 350-member Citizens' Jury, which met across two rounds through 2016. When it reported on 6 November 2016, two-thirds of jurors rejected the proposal "under any circumstances," citing insufficient information, a lack of Aboriginal consent, and low confidence in the economic modelling; the remaining third supported proceeding only under conditions the government had not met. Weatherill accepted the result and did not press ahead. His government lost office to Steven Marshall's Liberals in March 2018, and the high-level waste import plan has not been revived by any South Australian government since.

A separate, federally run process kept moving. The National Radioactive Waste Management Act 2012 (Cth), passed by the Gillard Labor Government, set out how the Commonwealth would site a facility for Australia's own low-level waste — mostly medical and research by-products of the Lucas Heights reactor — and the intermediate-level waste that comes with it, both currently scattered across more than 100 ad hoc stores around the country. Eyre Peninsula produced two finalists: Kimba, and Wallerberdina Station near Hawker, on Adnyamathanha country, which was ruled out in December 2019 after strong opposition from its traditional owners. In November 2021, then-Resources Minister Keith Pitt formally declared Napandee, a property near Kimba, as the site under the Act — a law that explicitly allows a declared site to override state prohibitions.

Malinauskas became Premier in March 2022, inheriting a declared federal site and a Barngarla legal challenge already under way. SA Labor's state convention voted in October 2022 to back "a veto right for the Barngarla community," and Malinauskas has said publicly that his government does not support the facility proceeding without Barngarla consent. On 18 July 2023, Justice Natalie Charlesworth of the Federal Court set aside Pitt's declaration in Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources, finding apprehended bias: Pitt had made public comments suggesting the outcome was decided before the statutory process had run its course. On 10 August 2023, the new federal minister, Madeleine King, confirmed the Commonwealth would not appeal and would not pursue Napandee, or the earlier-shortlisted Lyndhurst and Wallerberdina sites either. Six years of federal process ended inside six months of litigation.

The AUKUS question arrived at the same time (the defence budget and strategy gap sets out the wider cost). Under the "optimal pathway" the Albanese Government announced in March 2023, nuclear-powered submarines will be built and sustained at Osborne, in Adelaide, from the 2040s, and Australia will manage the resulting high-level naval reactor waste onshore rather than send it overseas. Defence Minister Richard Marles told the House of Representatives on 22 March 2023 that the first submarine would not need its reactor waste dealt with until the 2050s, giving the country roughly three decades to find a site. Malinauskas has ruled out Osborne itself hosting spent fuel (see AUKUS submarines at Osborne) and is lobbying the Commonwealth to instead consider the Woomera Prohibited Area, a Defence-controlled range in the state's north that overlaps Kokatha native title country. He has publicly rejected the argument, made by other Labor premiers, that South Australia should take the waste because it is getting the shipbuilding jobs, saying the site should be chosen in "the nation's interest."

The strongest case

Two separate arguments deserve to be taken seriously, and they are not the same argument

The Royal Commission's economic case was not fanciful. Australia is also among the only G20 economies to legally ban nuclear power (the nuclear ban). Large volumes of used fuel already sit at reactor sites worldwide with nowhere permanent to go, and someone will eventually be paid well to solve that problem for a growing list of countries. South Australia has genuinely favourable geology for deep storage — stable, dry, low-seismicity country in the state's far north — plus decades of relevant expertise from uranium mining at Olympic Dam and Beverley. Kevin Scarce's Commission argued a well-regulated, stable democracy like Australia could capture that value more safely than the weaker-governance alternatives the waste would otherwise go to, and that the resulting royalties could have funded decades of health, education and debt reduction without raising a single South Australian tax.

The second argument is different, and in some ways harder to dismiss: somebody already has to manage this material, regardless of what South Australia decides. Lucas Heights produces isotopes for hundreds of thousands of nuclear medicine scans and treatments a year (approx.), and the low-level waste this generates currently sits in scattered, ad hoc stores that safety regulators, and even many opponents of Kimba, generally agree is a worse long-term arrangement than one purpose-built, monitored facility. AUKUS adds an unavoidable version of the same problem: Australia has chosen to operate nuclear-powered submarines, which means it will generate high-level reactor waste whether or not any state agrees to store it, and the government's argument that a country capable of building submarines should also be capable of safely managing their waste, rather than deferring the question indefinitely, is a reasonable one on its own terms.

The evidence

The clearest thread through three decades of proposals is a persistent gap between the strength of the case on paper and the consent obtained in the room. The 2016 Citizens' Jury was not a hostile audience — it was 350 randomly selected South Australians given weeks of briefings by the Royal Commission's own experts — and two-thirds still said no. The 2019 Kimba ballot only just missed the government's own 65 per cent bar, and produced a majority at all only because the roll excluded the Barngarla people whose country the facility would sit on. Their own, separately run ballot shows what the official count left out.

$257bn
Revenue the Royal Commission modelled from high-level waste storage over ~120 years (approx.)
SA Nuclear Fuel Cycle Royal Commission, May-2016
2 in 3
Citizens' Jury members who rejected waste import "under any circumstances"
Nuclear Fuel Cycle Citizens' Jury, Nov-2016
61.6%
Kimba's official Yes vote — short of the government's own 65% benchmark
DISER, Kimba Community Ballot, Nov-2019
0
Permanent sites named for Australia's own AUKUS high-level waste, three years on (approx.)
Australian Submarine Agency, public record, 2026
Two ballots, one town — share voting Yes, Nov-2019 61.6% Official council ballot ≈0% Barngarla people's own ballot (approx.; reported near-unanimous No)
Chart: share voting Yes in the two separate 2019 Kimba ballots. Source: District Council of Kimba / DISER Community Ballot results, Nov-2019; Barngarla ballot as reported to Federal Court proceedings (approx.).

Set against the roughly $257 billion the Royal Commission modelled as achievable revenue from importing the world's high-level waste, the sums actually at stake domestically look far smaller and the timeline far longer. Australia's own AUKUS waste will not need a permanent home until the 2050s, and more than three years after the Kimba site collapsed in court, the Commonwealth has published no shortlist, no selection criteria, and no public costing for where that home will be — a gap the Australian Submarine Agency itself has been unable to resolve when asked directly for current cost estimates.

The critique

The design flaw that ultimately sank Kimba was not a one-off. Every siting process in this history has let government define who counts as "the community" in a way that excludes the people with the deepest and longest connection to the land in question. The 2019 Kimba ballot roll ran on ratepayer status, not residency or native title; the earlier Wallerberdina proposal ran into the same objection from Adnyamathanha traditional owners before it was even put to a vote. Justice Charlesworth's finding of apprehended bias in the Barngarla case showed how far that design flaw ran: a minister who had all but announced the outcome before the statutory process had finished. That is a legal failure, not simply a public-relations one, and it took a Federal Court challenge, brought and funded by a native title corporation with limited resources, to catch it.

Malinauskas Labor's own record on the tools available to it is less impressive than its public rhetoric. The Nuclear Waste Storage Facility (Prohibition) Act 2000 — legislated by a Liberal government in 2000 and broadened by a Labor government in 2002 — requires State Parliament's Environment, Resources and Development Committee to inquire into any facility a Commonwealth law authorises for South Australia. When Kimba was declared, the Committee, chaired by a Labor MP, held that the threshold for opening that inquiry had not yet been met, and never opened one before the Federal Court intervened instead. A state government that says loudly it opposes a facility, while its own Parliament declines to use the safeguard that same government's predecessors wrote into law, is not obviously testing that opposition.

The AUKUS question then exposes a deeper problem: the 2000 Act itself may no longer bind the Commonwealth at all. The Australian Naval Nuclear Power Safety Act 2024 (Cth) gives Defence-related nuclear activity the power, under section 135, to override state and territory law, and the Australian Naval Nuclear Power Safety Regulations 2025 name laws — reportedly including South Australia's own prohibition Act — that do not apply to regulated AUKUS activity. In its own submission to that 2025 consultation, the South Australian Government did not contest the override; it asked for administrative clarity, and supported removing the fixed legal boundary around the Osborne shipyard so the site could expand without needing a fresh Act of federal Parliament. A state that once wrote a law declaring itself off-limits to nuclear waste is now, on the public record, helping the Commonwealth draw a bigger box around the one site its own Premier says will not take spent fuel.

Every South Australian government since 2000 has said, in one form or another, that this state will not be told where to put nuclear waste — and every process since has been decided somewhere else.

The risk to the future

A federal override with no published site, no costing, and thirty years to get it right or wrong

The 2023 Kimba judgment showed what happens when a nuclear-waste siting process treats consent as an afterthought: years of work and hundreds of millions of dollars, and a community left divided, undone in a single Federal Court hearing. The AUKUS waste question now carries the same risk on a larger scale. The Commonwealth has roughly three decades before the first submarine needs its reactor waste dealt with, has published no shortlist of sites, no selection process and no public costing, and has already legislated the power to override the one South Australian law built specifically to stop exactly this outcome without consent. Woomera may yet prove a genuinely sound technical choice — remote, already Defence-controlled, on land the state does not need for agriculture or housing — but "genuinely sound" was also said of Napandee, by a minister a judge later found had already made up his mind. If the next process repeats the pattern of narrow consultation and after-the-fact consent, South Australia risks hosting the country's most consequential radioactive waste facility without ever having been asked in a way its own Citizens' Jury, its own Barngarla and Kokatha communities, or its own Parliament could recognise as a genuine choice.

Frequently asked questions

Has South Australia ever agreed to host a national nuclear waste dump?

No. In November 2016 two-thirds of the 350-member Citizens' Jury rejected importing high-level waste "under any circumstances". In November 2019 Kimba's official ballot returned 61.6 per cent Yes, short of the federal government's own 65 per cent benchmark, and the Barngarla people's separate ballot opposed the facility.

Why was the Kimba nuclear waste site dropped?

On 18 July 2023 Justice Natalie Charlesworth of the Federal Court set aside the Napandee declaration, finding apprehended bias by the then Resources Minister. On 10 August 2023 Resources Minister Madeleine King confirmed the Commonwealth would not appeal and would not pursue Napandee.

Where will Australia's AUKUS submarine nuclear waste go?

No permanent site has been named. Defence Minister Richard Marles told the House on 22 March 2023 that the first submarine's reactor waste would not need dealing with until the 2050s. Premier Malinauskas has ruled out Osborne and is lobbying the Commonwealth to consider the Woomera Prohibited Area.

Can South Australia's law stop a federal nuclear waste facility?

Probably not for AUKUS activity. The Australian Naval Nuclear Power Safety Act 2024 (Cth), section 135, lets regulated Defence nuclear activity override state and territory law, and the 2025 regulations reportedly name South Australia's own prohibition Act among the laws that do not apply.

Sources

  1. South Australian Nuclear Fuel Cycle Royal Commission, Final Report, Government of South Australia, 6-May-2016 — nuclear.yoursay.sa.gov.au
  2. Nuclear Fuel Cycle Royal Commission Consultation and Response Agency, South Australia's Citizens' Jury on Nuclear Waste — Final Report, Nov-2016 — democracyco.com.au
  3. Nuclear Waste Storage Facility (Prohibition) Act 2000 (SA), current version — legislation.sa.gov.au
  4. National Radioactive Waste Management Act 2012 (Cth) — legislation.gov.au
  5. Department of Industry, Science, Energy and Resources, National Radioactive Waste Management Facility: Kimba Community Ballot Results, 8-Nov-2019 — industry.gov.au
  6. Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809, Federal Court of Australia, judgment 18-Jul-2023 — jade.io
  7. Hon Madeleine King MP, Minister for Resources, Statement on the National Radioactive Waste Management Facility, 10-Aug-2023 — minister.industry.gov.au
  8. Hon Richard Marles MP, Deputy Prime Minister and Minister for Defence, Ministerial Statement: AUKUS Nuclear-Powered Submarine Pathway, House of Representatives, 22-Mar-2023 — minister.defence.gov.au
  9. Australian Naval Nuclear Power Safety Act 2024 (Cth), incl. s135 "Operation of State and Territory laws"; Australian Naval Nuclear Power Safety Regulations 2025 (Cth) — legislation.gov.au
  10. Australian Submarine Agency, Department of Defence, Nuclear stewardship and waste, current record — asa.gov.au. See also the full source library.