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. Is the minister aware of the huge public demonstration in Fremantle on Sunday against the proposed gas hub in the West Kimberley in which thousands of people marched in opposition to the gas plan promoted by WA Premier Colin Barnett and federal resources minister, Martin Ferguson? If he is aware of it, with regard to the imminent decision by Woodside to move heavy machinery into the sand dunes at Walmadany, which contain burial grounds and other sites of enormous significance to local Aboriginal people, can the minister tell the Senate, with respect to Minister Burke’s assessment of a section 9 request for emergency heritage protection—which he has now had on his desk for more than 18 months—where it is up to, when it will be completed and when it will be released?

Stephen Conroy (Victoria, Australian Labor Party, Minister for Broadband, Communications and the Digital Economy) Share this | Link to this | Hansard source

I thank the Senator for her question. The government is undertaking a strategic assessment of the James Price Point precinct gas hub under the national environment law or the EPBC Act. Minister Burke will not be in a position to make a final decision on the proposal until he is satisfied that all potential environment, heritage and Indigenous impacts have been fully assessed. Minister Burke is aware that many people have strong views on this proposal. Minister Burke, as I said, will need to consider all of these issues, but he will not be in a position to make a decision until all matters required by the terms of the strategic assessment have been appropriately investigated.

During Minister Burke’s press conference on 6 February last year, Minister Burke emphasised that the Western Australian state election deadlines are irrelevant to his decision. What is relevant is whether the principles and minimum standards of the strategic assessment have been met. The final strategic assessment documentation was received by the government on 14 December 2012. The environment department is verifying whether the requirements of the strategic assessment have been met. If necessary, further information will be sought. National environment law does not set out time lines for decision making on strategic assessments.

Minister Burke is also aware that on 19 November 2012 the Western Australian environment minister provided state approval for the state developments proposed at Browse liquefied natural gas precinct at James Price Point. Minister Burke is also aware that on 18 December last year the Western Australian Environmental Protection Authority declared Woodside’s proposal to build and operate the foundation Browse LNG project to be a derived proposal— (Time expired)

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

On a supplementary, I thank the minister for what can only be described as weasel words, because he knows full well we are asking about the—

John Hogg (President) Share this | Link to this | Hansard source

No, question time is not time for preamble and debate.

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

Will the minister act to prevent Woodside from destroying the dune ecosystems until he has made a determination on whether to grant emergency heritage protection or does he intend to wait until the company has destroyed the sites before he makes up his mind? That is the question, and it is the Aboriginal heritage protection act we are talking about. (Time expired)

Stephen Conroy (Victoria, Australian Labor Party, Minister for Broadband, Communications and the Digital Economy) Share this | Link to this | Hansard source

(—) (): Minister Burke is aware that on 10 December 2012 the Western Australian government admitted it did not comply with processes for the compulsory acquisition of land at James Price Point under the Native Title Act 1993 and will need to start again. Minister Burke has received advice that the Western Australian government’s stated intention of compulsory acquisition for James Price Point does not prevent any major legal risks under the EPBC Act for the Kimberley strategic assessment. He is also aware that the Wildness Society announced that it will take the Western Australian Environmental Protection Authority and the Western Australian environment minister to the Western Australian Supreme Court over gross mishandling of conflicts of interest in relation to assessment of the proposed Kimberley gas hub. The Wildness Society proposes to bring the case before the Western Australian Supreme Court in 2013. Minister Burke has been advised that, should the Western Australian Supreme Court overturn the Western Australian state approval decision, the absence of approval— (Time expired)

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

I will try again. Given that Woodside is about to move heavy machinery into sand dunes which are of enormous cultural significance, will the minister act to prevent Woodside from destroying those dune ecosystems until he has made a determination on whether to grant emergency heritage protection, and will he consider an alternative for processing gas from the Browse Basin that does not involve destroying Aboriginal culture and heritage in a 30-square-kilometre industrial park on the Kimberley coast?

Stephen Conroy (Victoria, Australian Labor Party, Minister for Broadband, Communications and the Digital Economy) Share this | Link to this | Hansard source

The federal government is carefully considering applications under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 to protect Aboriginal sites near James Price Point. As the applications are the subject of legal decision-making processes, it would be inappropriate for Minister Burke to comment on possible outcomes.

The areas specified in applications are part of a native title claim. Representatives of the native title claimants consider there are adequate safeguards in place to protect traditionally significant sites. The applicants, who are also members of the native title claimant group, disagree. For one of the applications, Minister Burke is required to consult parties whose interests could be affected by Minister Burke's decision. The consultation is nearing conclusion after being delayed initially by cultural sensitivities and changes to the application. If there is any further information I can provide you from Minister Burke, I will provide it. (Time expired)