Western Australia's Ban on Uranium Mining - Make it Law!

Published in Green Issue, April 2007

Uranium and all things nuclear are very critical issues in the current debate on climate change. I have devoted my report to this issue alone and urge all Greens members to commit to lobbying for a law to ban uranium mining in WA.

While the Western Australia Labor Government should be congratulated for maintained its opposition to uranium mining, State ALP members are coming under increasing pressure from their Federal colleagues to lift the ban that has formally been in place since June 2002. Also despite its stated opposition to uranium mining the State Government has continually resisted passing legislation to enforce its position. I am very concerned that at any time this Government, or a future Liberal government could overturn this 'commitment' if it is not subject to legislative rigour.

Bill Introduced

On 4 April 2007 I introduced in my Second Reading Speech the Uranium Mining (Implementation of Government Commitments) Bill 2007. A cheeky title but accurate!

The purpose of the Bill is to implement the Government's own stated commitment to prohibit the mining of uranium on mining leases granted since 22 June 2002. This is a more modest aim than my previous Nuclear Activities (Prohibition) Bill 2000 which sought to completely ban uranium mining and the construction of nuclear facilities in WA.

Uranium Mining And Nuclear Reactor Ban

It is still my intention to pursue a total ban but to do this in a series of stages. My next step will be to introduce a Bill to prohibit nuclear reactors in WA (also publicly promised by the Premier).

Implement Government Promise

On 25 June 2002, Clive Brown MLA, the then Minister for State Development, made the following statement to Parliament -

"I wish to announce that the Western Australian Government has prohibited the mining of uranium for nuclear purposes from any mining leases granted from Saturday, 22 June 2002, when I first made the announcement to delegates at the Australian Labor Party state conference in Perth. The decision meets the policy of the Labor Government, which came to power on a platform that included banning the mining of uranium for nuclear purposes.... The policy will be ratified in legislation through the early introduction to Parliament of a government Bill that will specifically amend the Mining Act 1978 to prohibit the mining of uranium for nuclear purposes. The decision will not interfere with existing rights under the Mining Act, nor where the mining of uranium is incidental to the mining of other minerals and is not extracted for sale." (emphasis added)

Nearly five years have elapsed since that statement was made and no Bill has been introduced to give effect to the commitment to amend the Mining Act 1978. My Bill seeks to implement the commitment made by Minister Brown on the Government's behalf. It does so by simply amending the Mining Act 1978 to prohibit the mining of uranium on mining leases granted from 22 June 2002. Consistent with former Minister Brown's statement, this prohibition will not apply when the mining of uranium is incidental to the mining of other minerals and when uranium is not extracted for sale.

Toxic Waste, Weapons Proliferation and Health Hazards

In my Second Reading speech I said:

"This bill goes some way towards addressing the wishes of many Western Australians who want to prevent uranium mining in this state. Many Western Australians recognise that uranium is just not another mineral that can be exploited. They understand that mining uranium starts a nuclear fuel chain that inextricably leads to highly toxic waste and potential weapons proliferation. They recognise that there are environmental and health problems at each stage of that fuel chain, whether they be in the mining and processing of uranium and the resultant waste dumps; its use in nuclear reactors and resultant highly radioactive spent fuel rods; nuclear weapons; or the requirement to keep toxic waste isolated from the environment indefinitely."

If this Bill passes, that ban will have the force of law and will not exist only at the whim of this Government or any future government. The ban will be able to be lifted only by the repeal of the section of the Mining Act that this Bill will insert, which would require the support of both Houses of Parliament.

Your Action Is Required

I urge all members to contact the Premier and your local MP to express your support for this Bill and insist that the Labor Government act on the commitment given by Clive Brown in 2002.

In addition to expressing opposition to all aspects of the dangerous and deadly nuclear fuel cycle, some key points you may wish to make are:

• The ALP opposed the Nuclear Activities (Prohibition) Bill 2000 on the grounds that they were concerned about claims for compensation. Under this Bill holders of mining leases will not have theirs rights diminished. A mining lease that was granted after 22 June 2002 already contains a no-uranium mining condition. Accordingly, there is no basis for holders of mining leases to complain that it will remove their rights or to argue that they will be entitled to compensation. Therefore the ALP should have no problem in supporting the Bill.
• There should be no reason for the ALP not to support this bill as it is merely enacting their own promise to deliver the same legislation.
• It is an important step towards the complete prohibition of uranium mining in Western Australia.
• In pursuing the Nuclear Waste (Prohibition) Act 1999 Geoff Gallop argued that only legislation was strong enough to prevent an international nuclear waste dump in WA, the then government's policy commitment wasn't enough. The same argument is true for legislation to ban uranium mining.

Postal address:
Hon Alan Carpenter MLA
Premier of Western Australia
24th Floor
Governor Stirling Tower
197 St George's Terrace
Perth 6000

Telephone: 08 9222 9888

Email: Alan Carpenter
         WA Government

To find your local State Member of Parliament visit: WA Parliament Current Members by Electorate

If you're not sure which electorate your in, check the Western Australian Electoral Commission website