The Kimba community ballot on the National Radioactive Waste Management Facility (NRWMF) will go ahead next week after an injunction application was dismissed in the Federal Court.
The Barngarla Determination Aboriginal Corporation (BDAC) successfully sought an injunction last year while they took legal action against the ballot, putting the process on hold for over a year.
The BDAC racial discrimination complaint against the ballot was dismissed in the Federal Court in July, but the group has since lodged an appeal that is unlikely to be heard before February 2020.
The Kimba District Council voted to go ahead with the ballot before the appeal is heard, with ballots set to be mailed on Thursday October 3.
A second application for an injunction preventing the ballot was dismissed on Friday, confirming the ballot will be held.
A ballot will also go ahead in November for those in the Flinders Ranges council area.
NRWMF taskforce general manager Sam Chard said the court decision meant the communities involved would have another way to have their say.
"What this means is that after more than two years of consultation, communities will have multiple ways in which they can have their say on the proposal," she said.
"Whether individuals are for or against the facility, we're confident the communities at the centre of the process are well informed.
"In addition to the ballots, anyone can have their say through the submissions process."