Dutton鈥檚 nuclear push heats up debate, energy prices, but won鈥檛 cool the climate

July 4, 2024
Issue 
Used with permission from Alan Moir, moir.com.au

Former Coalition Prime Minister Malcolm Turnbull famously described Coalition leader Peter Dutton as a 鈥溾.

That description appears particularly apt in Dutton鈥檚 nuclear power plan.

The Coalition鈥檚 nuclear project is opposed by Labor governments in each of the five states being targeted.

Victoria, NSW and Queensland have听听banning nuclear power. Labor governments in South Australia and Western Australia may follow suit if they think state laws will give them some legal protection, or political advantage. Or both.

Could a Dutton Coalition government override state laws banning nuclear power?

Anne Twomey, a Sydney University Professor Emerita with lengthy experience teaching and practising in constitutional law,听听that states probably could not prevent the Commonwealth establishing a nuclear power plant, nor could they prevent necessary associated operations, such as transmission lines and nuclear waste transport.

Would a Dutton Coalition government attempt to override state opposition to nuclear power plants? Almost certainly it would.

Nationals leader David Littleproud听听in March that 鈥渋f the Australian people vote for us that鈥檚 a fair indication to premiers that they should get out of the way鈥.

Federal Coalition and Labor governments have pursued attempts to impose a national nuclear waste dump in SA and the NT, despite state and territory听听banning such facilities.

Those attempts have all听, largely due to community opposition led by affected Traditional Owners.

Legal challenges helped听听three of the four proposed nuclear dump sites 鈥 Woomera (South Australia) under the Howard government; Muckaty (Northern Territory) under the Abbott government; and Kimba (SA) under the Morrison and Albanese governments.

But the legal difficulties could have been overcome if the government of the day was ruthless enough and wasn鈥檛 suffering too much political pain because of its听own .

There is no doubt a Dutton Coalition government would ignore the wishes of Traditional Owners and Native Title holders听听to the construction of a nuclear reactor on their country.

They would be stripped of their land rights and heritage protections, as has been the case with听.

Compulsory acquisition

What about the companies which own the sites being targeted by the Coalition for nuclear power plants and which have their own multi-billion dollar plans to develop their own clean energy industrial hubs based around renewables?

According to Labor鈥檚听energy minister听, six of the owners of the seven targeted sites have ruled out agreeing to nuclear power reactors.

Dutton hasn鈥檛 bothered to consult these companies, but he has sought legal advice. This is what he听: 鈥淲e will work with the companies, the owners of the sites. If we find a situation where we apply a national interest test and we require that site to be part of the national grid, then the legal advice that we have is that the Commonwealth has ample power to compulsorily acquire that with ample compensation.鈥

The Coalition also has not bothered to consult communities around the sites targeted for nuclear reactors. Like state governments and the owners of the targeted sites, opposition from local communities will be overridden.

Nationals deputy leader Perin Davey made the mistake of听听that the Coalition would not impose nuclear power plants on communities that were adamantly opposed.

Davey was corrected by Littleproud who听: 鈥淪he is not correct and we made this very clear. Peter Dutton and David Littleproud as part of a Coalition government are prepared to make the tough decisions in the national interest.鈥

Likewise, Dutton听: 鈥淧erin I think made a mistake yesterday as everybody does from time to time ... We鈥檝e identified the seven locations and we believe it鈥檚 in the community鈥檚 interests and the national interest to proceed.鈥

According to Dutton and Littleproud, democracy is for 鈥渢raitors鈥 who oppose the 鈥渘ational interest鈥.

This stands in stark contrast to a 2019 parliamentary inquiry, led by current shadow energy minister Ted O鈥橞rien, whose听report听was titled .

Announcing the release of the parliamentary report, O鈥橞rien听听then that a future government should only proceed with nuclear power on the condition that it make 鈥渁 commitment to community consent as a condition of approval for any nuclear power or nuclear waste disposal facility鈥.

He also听听about 鈥渕aintaining a social license based on trust and transparency鈥 and putting people 鈥渁t the centre of any approval process鈥.

That was then and this is now.

罢飞辞尘别测听听that a Dutton government would need to get laws through Parliament, including the Senate, to repeal federal laws banning nuclear power and also 鈥渢o provide any necessary legal support and protection for a nuclear power industry in Australia鈥.

An uncooperative Senate could block Dutton鈥檚 nuclear power plans but could not stop him expanding and prolonging the use of fossil fuels and derailing the renewable energy transition.

Only voters can do that.

Nuclear power for South Australia

SA is destined to get one or more nuclear power reactors, whether or not it likes it and whether it needs the additional power supply.

SA has gone from 1% renewable electricity supply to听听over the last 16 years and the government aims to reach听.

While there is doubt about the 2027 timeline, it鈥檚 a safe bet we鈥檒l reach 100 percent net renewables by the time a nuclear reactor could possibly begin generating electricity听.

The Northern Power Station near Port Augusta, one of the Coalition鈥檚 seven sites, was shut down in 2016 and the region has since become a听听.

Are Dutton and O鈥橞rien unaware of these developments? Are they planning a renewables-to-nuclear transition for SA?

It鈥檚 difficult to see their non-negotiable plan for a nuclear power plant in SA as anything other than an ill-conceived uncosted thought bubble.

The Coalition insists that nuclear power would reduce power bills. But there鈥檚 no evidence to support that claim and plenty to suggest otherwise.

That claim is not supported by CSIRO鈥檚听 or by a recent听听prepared for the Clean Energy Council by Egis, a leading global consulting, construction and engineering firm.

Neither is it supported by a recent听听on small modular reactors by the Institute for Energy Economics and Financial Analysis, or in the latest听听released by investment firm Lazard.

SA Premier Peter Malinauskas is not convinced about the Coalition鈥檚 economic claims either,听: 鈥淓very single objective, independent analysis that has looked at this has said nuclear power would make power more expensive in Australia rather than cheaper.

鈥淲hy we would impose that burden on power consumers in our country is completely beyond me.鈥

[Dr Jim Green is the national nuclear campaigner with听听and co-author of a new report by the Australian Conservation Foundation . He also helped produce .]

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