Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities, Senator Conroy, and relates to the James Price Point gas hub. In the light of evidence that Woodside asked the Western Australian government to withdraw warnings from the Department of Indigenous Affairs that the company might be acting in breach of the Aboriginal Heritage Act, a breach which could put its directors in jail, and that the Western Australian government did so, how can the federal government continue to have any confidence that the WA assessment and EPA reports on which the federal minister must rely have not been corrupted?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I thank the senator for her question. Minister Burke is aware there is a range of views in relation to this proposal. He will not be in a position to make a decision on the plan to develop the precinct until all matters required by the terms of the strategic assessments have been appropriately investigated. The Western Australian Environmental Protection Authority has finalised its draft recommendation report with draft approval conditions and completed a two-week public appeals period. Minister Burke is advised the West Australian Office of the Appeals Convenor is considering appeals received before providing a report to the Western Australian environment minister for final decision. Minister Burke will not be in a position to make a decision on this proposal until the Western Australian government has finalised its strategic assessment documents to meet the terms of the strategic assessments agreement.

Minister Burke has received an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 to protect an area near James Price Point. The act requires that a report be commissioned in response to the section 10 application. The environment department is currently consulting interested parties on Minister Burke's behalf as part of the section 9 process. During the course of consultation the applicants stipulated conditions for the management of culturally sensitive evidence which Woodside Energy Ltd and the Western Australian government refused to accept. Attempts to resolve this impasse delayed the decision-making process. As the applications are the subject of a legal decision-making process, it would be inappropriate for me to comment any further.

Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I thank the minister for his response and I would ask this supplementary. When was the application for the sections 9 and 10 declaration received by the minister? How long has he had it and why is it taking him so long to get to the point of protecting the area from serious and immediate threat of desecration?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

The sections 9 and 10 were received I think in June 2011 and June 2012 respectively and, as I said, this is a matter of ongoing legal dispute and I am not in a position—and in fact it would be inappropriate for me—to comment any further. But I absolutely reject the premise on which the question was based.

Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. In the light of the minister's answer, the whole point of the sections 9 and 10 is serious and immediate threat. How can the government explain to the people concerned that sitting on this for more than a year is responding to a serious and immediate threat? In the light of Woodside's behaviour and the revelations, when is the federal government going to investigate what is clearly an attempt to repress serious information from an assessment process?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I am not sure if there is a lot I can add to my previous answers but I am happy to take on notice any part of that question to see if Minister Burke is able to add anything further for you.