How courts killed nuclear waste facilities in Australia
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- Опубликовано: 9 фев 2025
- While the Commonwealth Parliament may well have the constitutional power to enact laws that authorise the construction and operation of nuclear power plants in Australia and to override conflicting State laws, such projects can still come undone in the courts.
This video explores how efforts to create a national nuclear waste storage facility in Australia have been overturned by the courts on a number of occasions. This is because of flaws in the government's decision-making process, triggering administrative law challenges, or a failure to comply with the conditions of legislation. These problems could ordinarily be solved by amendments to the relevant legislation, but this is often not politically feasible. Hence, having constitutional power to act is often insufficient. Compliance with, or alteration of, relevant legislation will also be necessary, as will procedurally fair government decision-making.