Lawyers for the traditional land owners at Muckaty in the Northern Territory fear some community members may die before court proceedings against a proposed nuclear waste facility are heard.
The Federal Court has decided to adjourn the case against the site until the end of the year.
“If it starts leaking it's going to destroy all the water the animals, the environment we don't really want it there,” said Penny Phillips, a traditional owner.
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Members of the Warl-Manpa community have lived at Muckaty, near Tenant Creek for thousands of years.
When the area was selected five years ago as the site for Australia's first nuclear waste facility they began an epic David and Goliath battle to save their land.
In court, they had hoped to have the date set to begin the formal hearing to try to have the decision overturned. But that decision has now been adjourned until November.
At the heart of the case, the community says that the Northern Land Council spoke to only a few of the local traditional owners before deciding to support the plant five years ago.
Further delays in court proceedings could mean some people won't live long enough to formally voice their objection.
“A lot of our clients and witnesses are old their health is failing and they need to be able to give their evidence and tell their stories to the court as soon as possible,” said Lizzie O'Shea from Maurice Blackburn Lawyers, a prominent law firm working pro bono for the community.
Australian Conservation Foundation's Dave Sweeny says Muckaty residents were targeted because of their isolation.
“No-one wants it in their backyard and the minister has looked for a backyard far enough away from most of the voters and most of the camera, and they've picked on Muckaty,” he said. “But that's not good enough".
He hopes the case will finally be heard in March or April next year.
