Recommendations by David Noonan comprise public interest disclosures that are required by Defence for an informed, transparent and accountable process on AUKUS Regulations 2025.
1. Civil Society faces federal imposition of untenable AUKUS N-sub nuclear waste storage.
Defence must respect affected Australian communities and Indigenous People’s ‘Right to Know’ the nuclear risks they face in imposed AUKUS nuclear waste storage facilities:1.1 Defence must declare its intention to over-ride the SA Nuclear Waste Storage (Prohibition) Act 2000 to impose AUKUS N-sub reactor nuclear waste storage at Osborne, Port Adelaide.
1.2 Defence must publicly disclose which Australian regions and Indigenous Peoples are currently under consideration for imposed siting and compulsory land acquisition for an AUKUS High-Level nuclear waste storage, and which – if any – existing Defence lands are included in the regional short list that is currently being prepared across SA, the NT and WA.
1.3 Defence must become accountable over the future and fate of the Woomera Area, understood in national media to be a ‘favoured location’ for storage and disposal of AUKUS Nsub nuclear waste (“Woomera looms as national nuclear waste dump site including for AUKUS submarine high-level waste afr.com AFR 11 August 2023).
1.4 Defence must declare its reserved right to override the SA Nuclear Waste Storage (Prohibition) Act 2000 through powers in the Australian Naval Nuclear Power Safety Act 2024 Section.135 “Operation of State and Territory laws” to impose an AUKUS nuclear waste dump on outback lands and unwilling community in SA, by decree through these AUKUS Regulations.
2. Indigenous People have a UN recognised Human Right to Say No to nuclear wastes. Defence should respect the clear views of Indigenous Labor Senator Patrick Dodson and act to make the AUKUS Regulations consistent with the Recommendations of a Federal Inquiry Report (Nov 2023) into the UN Declaration on the Rights of Indigenous Peoples, stating:
“the Commonwealth Government ensure its approach to developing legislation and policy on matters relating to Aboriginal and Torres Strait Islander people be consistent with the Articles outlined in the UNDRIP”.
2.1 Defence must provide a clear disclosure as to whether or not they will commit to respect and comply with the United Nations Declaration on the Rights of Indigenous Peoples Article 29 provision of Indigenous Peoples Rights to “Free, Prior and Informed Consent”, as a Right to Say No, over storage or disposal of hazardous materials on their lands – in this case AUKUS High-Level & Intermediate Level nuclear waste storage.
3. The undemocratic AUKUS Regulations “Section 105 (3) State and Territory laws that do not apply in relation to a regulated activity” that is intended to take up powers to impose Nsub nuclear reactor wastes which are currently illegal in SA, in the NT, and in WA, must be withdrawn by the AUKUS Minister Richard Marles MP and by Defence.
David Noonan’s full submission:
Noonan-AUKUS-N-sub-regulations-to-override-SA-laws-July-2025