• Regina, here with her grandchildren, is fighting the waste dump at Hawker.. (NITV News)Source: NITV News
The Barngarla people have won a Supreme Court injunction against the vote in Kimba, with the Hawker ballot still scheduled to open Monday.
Brooke Fryer

17 Aug 2018 - 12:53 PM  UPDATED 17 Aug 2018 - 12:55 PM

A community vote on whether a nuclear waste facility should be built on South Australia's Eyre Peninsula near Kimba has been stalled, after a group argued the poll was discriminatory.

The five-week ballot had been scheduled to open on Monday for the two districts which cover three proposed waste dump sites.

The Kimba vote will be delayed until after a court hearing next Thursday, after the Barngarla Determination Aboriginal Corporation was granted the injunction. The matter will be heard before the full court next week.

NITV News understands a similar legal challenge for Hawker is being considered.

Two sites near Kimba, on the Eyre Peninsula, have been short-listed as potential locations for a low-level radioactive waste storage facility, while a third is near the Flinders Ranges town of Hawker.

Ballot papers were due to be sent out to residents of the District Council of Kimba, but the Barngarla people say as native title-holders they should also be included - though some do not live in the municipality.

Lawyer Dan O'Gorman, who is acting for the Barngarla people, said the poll presented issues of direct and indirect discrimination.

"These owners of land are treated differently and that's because their rights are native title rights," he said.

Nuclear waste dump millions a 'bribe' ahead of community vote, SA Elder says
The federal government has announced an additional $21 million for the community that will host a nuclear waste dump.

The court heard an example is that a person who owns a property at Kimba but lives away from the district would be entitled to vote, but a person who holds native title rights and lives away would not.

Mr O'Gorman also argued the council did not have the authority to hold the poll under the Elections Act, but counsel for the council said it has authority under the Local Government Act.

The people of Kimba last year voted in support of moving to phase two of the waste management facility consultation process.

'No consultation'

Barngarla Traditional Owner, Harry Dare, told NITV News earlier this week proper consultation with the Indigenous community hasn't taken place.

"We want all the details, not just what they are chucking to us." 

“We want all people, black and white, to stand as one and say no to nuclear waste,” Mr Dare said.

“My greatest concern is we haven’t been able to put our message across regarding what we want and what we see necessary for that area."

Aboriginal Elders debate nuclear waste dump
The project has sparked bitter debates and divided Traditional Owners.

Mr Dare says the Barngarla people opposed to a nuclear waste dump stand alongside the Adnyamathanha people who are also facing the prospect of a waste dump on their land.

"Of course we stand behind them in their pursuit to not let this waste dump go on their country also."

Adnyamathanha Traditional Owner and Flinders Rangers custodian Regina McKenzie told NITV News earlier this week she is worried not everyone who should get a say will be able to vote.

"Not all Adnyamathanha people have the right to vote and I believe when something is happening on country, all Traditional Owners have the right to vote as it will impact all the Adnyamathnha people," Ms McKenzie said.

"Our belief system is being impacted all the time and I believe this is cultural genocide," she said.

With AAP