Jay Weatherill and (left) Kevin Scarce. Photo: Nat Rogers

The legislation, brought down under the previous Liberal Government in 2000, states that “no public money may be appropriated, expended or advanced to any person for the purpose of encouraging or financing any activity associated with the construction or operation of a nuclear waste storage facility in this State” – a caveat Premier Jay Weatherill says could preclude the Government “advancing this conversation with the community”.

“Our legal advice is that the legislation as it currently stands may prevent the Government from advancing this conversation with the community – therefore it is important we remove this barrier before we receive the final report [of the Scarce Royal Commission in May],” he said in a statement.

“Once the Royal Commission hands down its final report, there will be a period of extensive community engagement on this topic and I expect this will involve us committing public resources to this process.”

He says the Government’s advice is that the legislation “does not prevent the Commission from completing its work”, and insists the move to repeal it “does not signal a shift in the Government’s policy on nuclear storage”.

However, it will surely antagonise green groups opposed to escalating South Australian involvement in the nuclear fuel cycle, signaling an expectation the Scarce report will maintain its position on nuclear storage.

But Weatherill insists the repeal “would not pave the way for a nuclear waste facility in SA, as any such policy decision would require further legislation to be brought to the Parliament.”

Former Liberal frontbencher Iain Evans – who was the Environment Minister that brought the laws in – told InDaily he supports their removal.

“We put a range of laws in to suit the politics of the day,” he said, arguing the then-Mike Rann-led Opposition was running an “outrageous scare campaign” against the prospect of a low-level waste facility.

“So the laws were put in to give the strongest possible defence that the argument was closed,” he said.

“The difference now is we’ve got a mature Opposition prepared to have the debate… the Government’s got a free rein and SA should have the debate.”

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