Senate debates Questions without Notice

Goldmining Industry: McPhillamys Gold Project


Ross Cadell

Ross Cadell NSW, National Party, Shadow Minister for Water

2:29 pm

My question is to the Minister representing the Prime Minister, Minister Wong. Minister, the Federal Court has now cleared the way for further consideration and progress on the McPhillamys goldmine in New South Wales. Will your government allow the mine to proceed?

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

Thank you, Senator Cadell, for that question. You are correct. The Federal Court has handed down its judgement in this matter, and the minister has directed his department to work with all parties to move this forward.

Unidentified interjection - Hansard doesn't record who said this

Hon. Senators:

Honourable senators interjecting—

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

I think he's sitting behind me, mate, so you could do that. I'll say what I can. I'm advised directly that that work has begun and that the minister will be seeking to resolve this matter as quickly as possible—obviously, in line with the law. I would make that point again—there have been previous calls in this chamber in relation to particular matters which are before the minister. A minister is required to resolve—

Sue Lines

Sue Lines President

Senator Canavan and Senator McKenzie, come to order.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

A minister is required to consider applications before them in accordance with the law, and I have no doubt that that is what the minister will do. I know there have been a lot of—

Sue Lines

Sue Lines President

Senator McKenzie, no. Come to order. Minister, please continue.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

As you know, this is a matter which has been before the courts for some time, and we think the handing down of the judgement is an important step. The government recognises the need to give certainty both for industry and for First Nations communities.

Sue Lines

Sue Lines President

Senator Cadell, first supplementary?

Ross Cadell

Ross Cadell NSW, National Party, Shadow Minister for Water

2:31 pm

Given that the minister's got the department working on it, does that mean we have ruled out an appeal on this decision? Can we reveal now how much taxpayers have wasted defending the decision in the High Court, where they found that the minister acted outside the law?

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

In relation to that last point, I haven't read the judgement, but I think what was actually found was natural justice had not been provided. That was the basis of it. I think it was a reasonably narrow basis in relation to that procedural fairness. But, as I said, I haven't read the judgement and others will have studied it much more carefully.

In relation to your first question, the government is examining the judgement and engaging with relevant parties, and I'm not in a position to give any further indication.

Sue Lines

Sue Lines President

Senator Cadell, second supplementary?

Ross Cadell

Ross Cadell NSW, National Party, Shadow Minister for Water

2:32 pm

Given the Orange Land Council wants to mine it, the industry wants it, the community wants it, and even the New South Wales Labor government wants it, will this government back this project or will it continue the war on investment, development and regional jobs?

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

I appreciate all of the rhetoric, but I think you've seen from the work—particularly in Senator Ayres' portfolio but also more broadly—the importance we attach to regional communities and regional jobs. However, what I would say in relation to this is that there are applications that are being dealt with under the statutory framework and in accordance with the law. They are not political or policy decisions in the way that you have urged us to consider them.