Showing posts with label Browse. Show all posts
Showing posts with label Browse. Show all posts

Thursday, August 9, 2012

Fighting for the whales

Flip Prior, The West  
8 August 2012

"Babies breaching," someone shouted, and everyone rushed to the side of Sea Shepherd's Steve Irwin vessel, binoculars at the ready under the black Jolly Roger flag flapping in the breeze.

In the distance, several kilometres from the Dampier Peninsula coastline, an adult whale slapped her tail and blew plumes of water as her young calf playfully breached beside her, silvery in the early morning sun.

Kimberley naturalist Richard Costin pointed back to the coast, where red rocks loomed above bright white sand.

"We're just coming into the development area for the proposed James Price Point gas hub … (it) has the highest concentration of whales on the Kimberley coast," he said.

"From here through to the Lacipede Islands, the work that we've done in the last three or four years has pinpointed this area as being perhaps the most important area on the Kimberley coast for the whales.

"The whales are actually calving all the way along the coast … between the 80 mile beach and just to the north of Camden Sound. The calving grounds, up until now, have been totally undisturbed."

The whales were the first of 22 - including at least 10 calves - to be spotted today between Broome and James Price Point, the site of the State Government and Woodside's proposed gas hub.

For former Greens Senator Bob Brown, the sight proved his point: that the area was the "world's biggest whale nursery" and the wrong place for the development.

"This is a national whale sanctuary - here we are to protect it," Mr Brown said. "The whale nursery cannot co-exist safely with a gas factory. As a nation, we should be protecting it."

How many whales inhabit these Kimberley waters - and what effect the proposed gas hub will have on their annual migration from Antarctic waters in the south to give birth in the north- is proving the latest flashpoint in a long series of battles between those for and against the hub.

Woodside has said the most important calving ground for the whales are much further north in Camden Sound and that the impacts on whales passing by the proposed development can be adequately managed and mitigated.

Others - including the crew of the controversial anti-whaling vessel Steve Irwin - disagree.

Earlier this week, the vessel sailed into Broome to ramp up the campaign against the proposed gas hub by drawing international attention to whales in the region in a bid to embarrass those who are part of the project.

This morning, surveying the calm waters and blue skies, Captain Malcolm Holland admitted it was not the Sea Shepherd's typical kind of campaign Usually, the crew are in the Antarctic, dodging bullets, water cannons, acoustic devices and flash bang grenades in stormy seas, getting rammed by ships manned by the armed Japanese coastguard.

However, he sees the Kimberley action as just as vital, pointing out it involves the same whales.

"This is a very different kind of campaign … what we're doing on this campaign is showing what it's like up here - that they're building a heavy industrial facility and international sea port right alongside the biggest humpback whale nursery in Australia," he said.Despite the pirate motifs and camouflage paint all over the ship, the Sea Shepherd has a polite crew, reminded by signs all over the place of the strict rules: no drinking, no smoking, no fraternising, no shouting.





Cow and calf off Quandong Point. Picture: Annabelle Sandes/Kimberley MediaVisitors on board are also hardly an anarchistic bunch - among them, rich former Melbourne merchant banker Phillip Wallon, now an extremely wealthy philanthropist who has given millions of dollars to supporting the Sea Shepherd's cause.



This morning, he threw in an extra $100,000 and suggested others who could afford it should do the same.

"This is a battle that we just cannot afford to lose," he said. "10,000 entire species are wiped out every year because of the actions of one species … that is a crime of unimaginable proportions."

"I come from a corporate background. I am pro business … I don't want to shut anything down. But I also want to make sure that we take care of all the externalities - the costs that business imposes on communities and the environment must also be taken into account."

Retired Queens Counsel Murray Wilcox, said he was interested in seeing how close the whales intersected with the site of the proposed gas hub.

"It's obviously a very close relationship," he said.

He denied the Sea Shepherd was run by anarchists: "I think this is people who are very concerned about an issue that should concern us all," he said.

"I think the Kimberley is one of the most beautiful areas in Australia - certainly one of the most pristine areas - and we have an opportunity to preserve a fairly well untouched wilderness area.

"If we don't, there will be nothing left for our grandchildren. It is possible to exploit the gas reserves from the Browse basin without building a Kimberley gas plant."

Environs Kimberley spokesman Martin Pritchard agrees. He said research carried out by community volunteers had counted 1441 humpback whales passing through since July 1, 1200 within 8km of the shore.

However, he said the Environmental Protection Authority had stated that on their annual northern migration, about 1000 whales would be expected to go past during an entire season.

"In three weeks, just looking four hours a day, we're already had 1200 whales counted and about 90 cow-calf pairs," Mr Pritchard said. "It's actually proving Woodside and the State Government's research wrong."

Mr Costin said he had no faith in the research commissioned by Woodside and the State Government and even believes the results were deliberately fudged.

"When you look at the results at face value … the survey work … that is being relied on is totally unreliable," he said.

"And no-one really understands what effect the discharges from an LNG facility processing 50 million tonnes per annum would have on the marine environment."

Sea Shepherd Australia spokesman Jeff Hansen pledged that the ship would return to defend the whales in Kimberley waters for as long as it took to stop the project from going ahead.

"We do our best every year to save as many whales as we can in the Southern Ocean Whale Sanctuary in the Australian Antarctic Territory," he said.

"If the Australian government is not going to protect those waters, then the very least they can do is make sure that their largest humpback whale nursery is safe and protected, here north of Broome.

"If they're under threat here, then we're here to do whatever we can within the law to protect them here."People all around the world have the right to know that this is the largest humpback whale nursery and that the gas hub will go right through the middle of it."


Monday, July 30, 2012

Appeals committee appointed for Browse

Ministerial Media Statements

Bill Marmion
Minister for Environment; Water
Portfolio: Environment
  • Minister appoints Dr Roy Green to investigate Browse appeals
  • Former CSIRO chief executive to prepare report for the Minister
Environment Minister Bill Marmion has appointed Dr Roy Green to investigate more than 200 appeals received regarding the Environmental Protection Authority’s report on the Browse Liquefied Natural Gas (LNG) Precinct at James Price Point. 

Dr Green has considerable experience in government and the petroleum industry, including chairing an expert panel for quarantine management at the Gorgon LNG Project on Barrow Island Nature Reserve. 

“Dr Green is appointed as an appeals committee and will investigate all appeals received,” Mr Marmion said.

“He has previously been the chief executive of the CSIRO and deputy chairman of the Environmental Protection Authority (EPA), and as such, is considered to have an eminent standing to undertake the committee role.”

The process of investigating the appeals will include consultation with the EPA, appellants and the proponent.  Once the committee has completed its investigations, a report is presented to the Minister, who will determine the appeals having regard to the committee’s advice. 

Appeals against the EPA’s report closed on Monday July 30, 2012.  

      Fact File
  • EPA released its report on the Browse proposal on July 16
  • EPA recommended the proposal proceeded with strict conditions
Minister’s office - 6552 6800

Monday, July 16, 2012

James Price Point LNG precinct recommended for approval

Summary: The Browse Liquefied Natural Gas precinct at James Price Point has been recommended for strict conditional approval, Environmental Protection Authority Chairman Paul Vogel announced today.
Release Date: 16 July 2012
Details:
Dr Vogel said the assessment of the Minister for State Development’s strategic proposal was the largest and most multi-faceted ever conducted in the EPA’s 40 year history.
“The level of complexity in assessing this proposal was unprecedented,” Dr Vogel said.
“The assessment has been incredibly thorough and included wide consultation with community members and scientific experts, site visits and meetings with interest groups.
“After carefully considering each environmental factor, I have recommended a rigorous set of 29 conditions and offsets to ensure the EPA’s environmental objectives are met.”
Dr Vogel said the precinct, which will produce up to 50 million tonnes of LNG per year from the Browse basin at a site 60 km north of Broome, provides for multiple users to be co-located on a single site, avoiding a number of LNG processing sites to spread along the coast and in more sensitive parts of the Kimberley.
It has also allowed the consideration of the cumulative environmental impacts of future projects, known as derived proposals.
“The numerous conditions recommended will guide the ultimate development plan, as well as apply to specific, future LNG projects within the precinct,” Dr Vogel said.
“Future proposals will still need to be carefully scrutinised by the EPA to ensure that they were identified in the strategic proposal and fit within the strictly defined precinct footprint.”Dr Vogel said assessing James Price Point as the preferred location for the precinct had been a well thought out process.
In 2008, the Northern Development Taskforce (NDT) short-listed four potential sites from more than 40 suggested locations for a multi-user LNG precinct.
Of the four sites considered, the EPA recommended that environmental risks and impacts at James Price Point were likely to be manageable based on the available data.
“Creating any industrial undertaking, particularly one of this magnitude, will have an environmental impact, however these impacts and risks can be managed to an acceptable level,” Dr Vogel said.
The environmental impact assessment of James Price Point considered the impact on the following factors:
Marine Fauna: Dr Vogel said the population of Humpback Whales off the west coast had continued to increase exponentially since commercial whaling ceased in the 1960s, despite the significant increase in iron ore and petroleum industries over the same period.
He said turbidity from dredging, oil spills, industrial discharges, noise, light and vessel strikes had the potential to adversely impact individual whales, dolphins, turtles, dugong and fish in the area.
“Provided the strict conditions recommended are implemented, impacts to marine fauna will be managed and are unlikely to be significant at the species population level,” Dr Vogel said.
Conditions include:
  • suspending marine pile driving and blasting at night during the peak southern migration of mother and calf Humpback Whale pods;
  • more research into the distribution and habitats of dugong, turtles, Snubfin and Indo-Pacific Humpback dolphins to assist in long term management and conservation;
  • detecting and controlling marine pests.
Seabed Habitats: Dr Vogel said dredging of 34 million cubic metres of the seabed had the potential to affect habitats that support algae, seagrass, corals and filter feeders in the area.
Proponents should be able to design and build a port in an area that is unlikely to compromise the overall ecological functioning of the marine environment provided strict conditions were applied, he said.
Conditions include:
  • all dredged channels and wharves must be wholly contained within the precinct area;
  • permanent impacts must not extend beyond 500 metres of dredged areas;
  • proponents of future proposals will be required to use best practice in dredging and management to minimise impacts;
  • proponents of derived proposals should put forward offset measures to address impacts and risks;
  • surveying the marine environment before, during and after marine works to determine baseline conditions, impacts and recovery.
Marine Environmental Quality: Dr Vogel said a high level of ecological protection was necessary to ensure emissions to the marine environment did not significantly affect ecosystem health, recreation, aesthetics, fishing, aquaculture and cultural and spiritual values.
He said the proponent had also committed to preparing a comprehensive oil spill response plan.
Conditions include:
  • appropriately locating wastewater discharge outlets within a tightly specified area inside the port;
  • implementation of a Wastewater Discharge Monitoring and Management Plan.
Terrestrial Biota: Monsoon Vine Thicket vegetation has a high conservation value and is also important to traditional owners as a significant source of customary foods and other resources, Dr Vogel said.
Conditions include:
  • losses of all types of Monsoon Vine Thicket should be limited to 132 ha due to direct and indirect impacts;
  • all practical measures should be taken to limit impacts to specially protected species before clearing occurs and once infrastructure is located;
  • additional reserves should be created to secure conservation of Monsoon Vine Thicket and Greater Bilby habitats;
  • proponents of derived proposals put forward offset measures, including contributing to conservation initiatives.
Landscape Processes: Dr Vogel recommended that pipelines should be installed by micro-tunneling techniques and that coastal management and terrestrial erosion management programs are implemented to limit the impacts on coastal erosion.
Surface and Groundwater: Future proponents must demonstrate that any excavation can be undertaken without unacceptable impacts on Monsoon Vine Thicket vegetation.
Heritage: Dr Vogel said Aboriginal heritage matters were particularly important in this area and noted that they had been extensively addressed in agreements reached between Traditional Owners and the State Government.
“Indigenous interests have been properly heard and considered in this assessment,” he said.
Dr Vogel said he had also considered the heritage value of fossilised dinosaur track sites that occur in Broome Sandstone in the region.
Surveys, with input from Traditional Owners, local people and independent expert advisors, were conducted by international experts and independently peer reviewed.
Based on these findings, it is recommended that the precinct should not cross the shore within 900 metres of James Price Point to avoid fossil dinosaur footprints.
The EPA also recommended additional surveys occur in any areas where Broome Sandstone exists at the surface and is planned to be disturbed for this proposal.
“If fossils are found, disturbance should be avoided wherever possible,” Dr Vogel said.
“Where disturbance cannot reasonably be avoided, appropriate recovery work to salvage or properly document fossils prior to disturbance should be undertaken under the guidance of an expert and with the advice and participation of Traditional Owners.”
Air emissions: The report recommends gasses, dust, noise and light emissions are managed at best practice levels, ensuring they do not pose a threat to human health.
Greenhouse gases: Future proponents should implement best practice in design and operation to minimise greenhouse gas emissions.
Developers will also need to comply with new Commonwealth carbon tax regulations which came into effect on July 1, 2012.
It is also recommended a co-operative fire management strategy with Traditional Owners is established to limit late season fires, reduce greenhouse gas emissions from burning and help offset emissions from the proposal.
Decision
Dr Vogel said the EPA report 1444 to the Minister for Environment would now be subject to a two week public appeal period closing on July 30, 2012. The Minister for Environment will decide if the proposal can be implemented. Commonwealth approval is also required.
Media Contact: Nadia Miraudo 0400 866 450

Status: Final
Appeals close

Monday, June 11, 2012

Gas hub groups risk $1.5b loss

Flip Prior, The West AustralianJune 12, 2012, 4:18 am
The State Government has warned Kimberley Aboriginal groups they risk losing a $1.5 billion compensation package because of their plan to pull out of a native title deal covering the site of the planned James Price Point gas hub.

It has also again raised the spectre of the Government compulsorily acquiring the land north of Broome to ensure the Woodside Petroleum-led $30 billion LNG development goes ahead.

The warning came after the Goolarabooloo and Jabirr Jabirr groups approached the Federal Court last week to have their joint native title claim covering the Browse LNG precinct discontinued.

The Goolarabooloo and Jabirr Jabirr are expected to instead lodge separate native title claims over the area.

However, court determination of which group has native title rights is expected to take at least a year and could jeopardise State and Federal government plans for construction of the James Price Point hub to start in the middle of next year.

The Federal Court will hear the claimant groups' discontinuance application on Thursday.

The Goolarabooloo and Jabirr Jabirr, represented by the Kimberley Land Council, signed a $1.5 billion compensation deal with the State Government and LNG project operator Woodside Petroleum in 2009.

A Department of State Development spokesman said yesterday the Government had advised the KLC it would oppose the application and considered the proposal a breach of the Browse agreements, including the project, regional benefits and land use agreements.Woodside declined to comment.

Thursday, June 7, 2012

New dolphin for James Price Point suggests inadequate environmental impact assessment: scientist

Robert Mailer and Ben Collins
ABC

Dr Simon Allen says confirmation of a dwarf dolphin not previously recorded in waters off the site for a controversial gas precinct demonstrates that the State Government's environmental impact assessment is sub-standard.

These small dolphins swimming off the West Kimberley coast could be a new species. (June 2012) ( -Feral Films)

The dolphin researcher is part of Murdoch University's Cetacean Research Centre which last year made a public submission criticising the Department of State Development's Browse LNG Precinct Strategic Assessment Report on impacts a planned gas processing precinct would have on the marine environment.
The scientists questioned the scientific integrity of this report in part because of their claim that the survey techniques would not be able to distinguish between different species of dolphin. And sure enough, Dr Allen now says that he has determined that there is a type of dolphin not listed in the government report swimming several nautical miles off the coast of James Price Point.

"Its significance lies not in the fact that this is potentially a new species... it's remarkable that a dolphin or a whale could be unknown..."

Dr Allen is yet to confirm the identity of the miniature dolphin which reaches a size of around a metre-and-a-half at maturity. It appears most like the dwarf spinner dolphin found in the Gulf of Thailand, but may yet prove to be a unique species. But Dr Allen is keen to focus on what the dolphin's discovery says about the survey conducted for the State Government's Strategic Assessment rather than the excitement of what may be a species new to science.

"We surely cannot rely on a decision maker to make an assessment on such a large proposal based on an environmental impact assessment that can't identify between one species and another" says Dr Allen.
Woodside petroleum, which is investigating the site of the State Government's gas precinct planned for James Price Point released a statement in response to Dr Allen's criticisms of the marine surveys:
"The Browse LNG Development has invested more than $80 million in environmental studies over many years to provide us with baseline environmental data. This data helps us understand what potential environmental impacts our development may have, and develop best practice approaches to avoiding, mitigating and managing those impacts. The baseline data also provides us with a dataset that we will use to monitor the Browse LNG Development's ongoing environmental performance.

This information also forms the basis of the environmental impact assessments we have supplied to regulators as part of the environmental approvals processes.

The environmental studies, impact assessments and management plans for both the Upstream EIS and the Strategic Assessment have been released for public review and comment and are now before regulators for assessment."

Tuesday, June 5, 2012

Big bill for Browse pipeline

Peter Kerr, The West Australian
June 5, 2012, 7:18 am
Already struggling to contain costs on the Browse LNG project, Woodside and its joint venture partners face a multi-billion bill for a 650km domestic gas pipeline.
Premier Colin Barnett said that while negotiations over the project had yet to be concluded it would be expected - as for other WA ventures - to supply up to 15 per cent of its gas to WA industry.
To maximise the value of this gas, he said that a land-backed pipeline from James Price Point to Port Hedland to join the State's pipeline network would ultimately be necessary, rather than allowing the partners to provide offsetting gas from other developments as allowed under State Agreements.
"I do not rule anything in or out, but to get the value of what is a significant amount of domestic gas would require a pipeline to be built at some stage," he said.
"Obviously, if domestic gas is there, it will not be hard to find someone (other than government) to build a pipeline to run the gas down to Port Hedland," he told a post-Budget estimates hearing.
While Woodside and its partners may be able to find customers or infrastructure groups to underpin the cost of the pipeline, estimated to be in the billions, they may be forced to stump up the funds themselves.
Woodside, which operates the venture on behalf of partners BHP Billiton, Shell, Chevron, BP and Mitsui and Mitsubishi, would not be drawn on the issue, saying yesterday only that it was continuing "discussions with government around domestic gas".
Analysts think the massive greenfields venture will cost somewhere between $30 billion and an eye-watering $50 billion, potentially threatening the viability of the development.
BHP and Chevron are said to favour piping gas to the existing North West Shelf plant at Karratha to help offset declining reserves in that project's fields and to shave as much as $15 billion from the cost of processing Browse gas at James Price Point.
Having to build a land-based pipeline for domestic gas may give BHP and Chevron greater sway in their arguments to build a costlier but one-off sea-based pipeline to Karratha and existing LNG facilities and its domestic gas plant.
Opposition spokesman Bill Johnston said the Premier needed give the partners certainty.
"One of the biggest dangers to developments in this State is the Premier changing his mind," Mr Johnston said.
"There is capacity in the domestic reservation policy to swap gas, to allow a project to come on stream without having to build unnecessary infrastructure.
"It may be that the volumes from Browse justify a domestic gas pipeline, but like the troubled Albany pipeline project the Premier can't wish it into existence."
The Browse partners have delayed a final investment decision on their project until the middle of next year.

Monday, May 28, 2012

Woodside in court over James Price Point works

ABC News

Traditional land owners have taken Woodside to the Supreme Court to stop work at the site of the proposed Kimberley Gas Hub.
Woodside maintains it has the necessary approvals to access James Price Point north of Broome, where ground works began last week.
But Goolarabaloo man Richard Hunter launched a case today claiming the approval process was not followed correctly by Woodside or the Shire of Broome.
Mr Hunter's lawyer, Josie Walker, says if this can be proved, the entire approval process could be deemed invalid.
"The development assessment panels went ahead and decided to grant the approval at its very first meeting despite considerable objections," she said.
"We say the process was rushed and they also didn't comply with the notification requirements so it seems like their approval is not valid that they're relying on."
If the court rules in Mr Hunter's favour, Woodside could be ordered to stop work immediately.
Woodside says it does not comment on legal matters.
The company says it is finalising engineering, site investigation and environmental studies for the proposed development as the project approaches a final investment decision which is expected to be made in the first half of 2013.

Monday, April 9, 2012

Woodside gets nod for Browse delay

Peter Klinger, Business Editor, The West Australian
April 10, 2012, 8:41 am
The WA and Federal governments have approved a request by Woodside Petroleum and its four Browse LNG project partners to delay making a development decision for the controversial venture by up to one year.
Woodside, the operator and biggest shareholder in the Browse project, told the ASX this morning that it had received approval for amendments to the Browse Basin retention leases.
It did not spell out what those amendments were other than to declare that they included an extension of time, from the middle of this year to the first half of 2013, for the partners to be ready to make a final investment decision.
Woodside is in the throes of receiving firm tenders for offshore and land-based components of the mega project, and chief executive Peter Coleman has said the partners could not make a decision on whether the plan for an LNG processing plant at James Price Point, north of Broome, was viable until all tenders were in.
Apart from high-profile opposition from environmentalists and some sections of the Broome community, some of Woodside's partners are also opposed to the James Price Point plan, arguing privately it is too expensive.
The dissenting partners want to use the Browse Basin gas as backfill for the North West Shelf LNG venture, which would require a pipeline to be laid from off the Kimberley coast to the Burrup Peninsula.
The backfill option would be substantially cheaper than the James Price Point proposal, which analysts have tipped could cost more than $30 billion.
But it would also delay development of the Browse Basin fields by several years.
Woodside had refused to comment on the cost speculation, citing the ongoing tender process.
Woodside shares were off 86 cents, or 2.45 per cent, to $34.32 at 8.40am.

Saturday, January 21, 2012

WA Premier clings to his gas dreams

Australian Financial Review

The fate of West Australian Premier Colin Barnett’s grand vision of a natural gas processing hub on the richly picturesque Kimberley coast hangs in the balance.

Five years after the plan was formulated by the WA government, oil producer Woodside Petroleum remains the only company keen togo anywhere near the controversial James Price Point site near Broome.

One by one, other potential users of the “hub” have removed themselves from the picture, plumping for potentially easier and quicker solutions to convert their plentiful Browse Basin resources into liquefied natural gas to feed energy-hungry nations across Asia.

Sunday, December 18, 2011

Woodside May Delay Browse Project Investment Decision to 2013

Dec. 19 (Bloomberg) -- Woodside Petroleum Ltd., Australia’s second-largest oil and natural gas producer, may delay an investment decision on the planned Browse liquefied natural gas venture by at least six months to 2013.

The venture partners plan to seek approval from the Western Australian government to extend the decision deadline to the first half of 2013 from mid-2012, the Perth-based company said today in a statement.

Chief Executive Officer Peter Coleman, who took control of Woodside in May, aims to develop an estimated A$75 billion ($75 billion) in LNG projects with partners including Chevron Corp. The Browse project may cost about A$38 billion to build, according to Deutsche Bank AG.

“The variation would allow time to better evaluate the outcomes of front-end engineering and design work and the results of the tender processes for the development’s major contracts,” Woodside said.
Woodside shares fell 3 percent to A$30.35 at 10:45 a.m. in Sydney. They’ve dropped 24 percent in the past six months
.
The partners in Browse are Chevron, Royal Dutch Shell Plc, BP Plc and BHP Billiton Ltd. The companies two years ago accepted a government deadline for developing the Browse project and in return were allowed to keep nine leases covering the Browse fields.
The partners are in talks on the final nature of the planned request for amendments to the Browse leases, Woodside said.

--Editors: Keith Gosman, Aaron Sheldrick
To contact the reporter on this story: James Paton in Sydney at jpaton4@bloomberg.net
To contact the editor responsible for this story: Amit Prakash at aprakash1@bloomberg.net

Tuesday, December 6, 2011

Disagreement over impact of Supreme Court decision on James Price Point traditional owner gas deal

By Ben Collins

ABC News online


Disagreement over impact of Supreme Court decision on James Price Point traditional owner gas deal
The West Australian Supreme Court has ruled notices of compulsory acquisition at James Price Point invalid. 
Lawyers representing James Price Point traditional owners opposed to gas processing are at odds with the 
State Government and Woodside on how this impacts the billion dollar deal with native title claimants.





Lawyer Andrew Chalk representing traditional owners Phillip Roe and Neil Mckenzie, says that the agreement between the Goolarabooloo/Jabirr Jabirr native title claimants, the State Government and Woodside that relinquishes any claims to native title at James Price Point in return for a benefits package worth over a billion dollars has been nullified by the Supreme Court decision.

"That agreement...under the native title act depended on those notices being valid. If the notices are invalid then the surrender of the native title...falls away." he said.
But Premier Barnett has dismissed the impact of the Supreme Court decision on the plans to develop the James Price Point gas processing precinct. He told the ABC that the State Government will simply reissue the notice of intent on the specific area that has now been identified. He points out that compulsory acquisition has never actually taken place.
"The land was not compulsorily acquired. We have acquired it through negotiation with the Aboriginal representatives, and that is according to the Native Title Act, and that stands." Mr Barnett said.

Woodside have released a statement saying that their current site investigation work will be able to continue, and that the agreement they struck with native title claimants allows for changes to be made to the compulsory acquisition notices which were the subject of the Supreme Court decision. The oil and gas company also emphasise that "This legal action by Roe and McKenzie is not supported by the registered native title claim group, who are party to the Native Title Agreement."

The Kimberley Land Council (KLC) says that the Goolarabooloo/Jabirr Jabirr native title claimant group continue to support the agreement signed with the State Government and Woodside. In a statement the KLC say that they want "...the State Government to provide certainty that the proposed development of James Price Point will go ahead, following a Supreme Court decision that questions the development's progress."
The Court decided that moves to compulsorily acquire the land at James Price Point were invalid based on the requirements to specify precisely which areas of land were to be acquired. ABC Kimberley reported the discrepancies over the areas of land the State Government were saying they needed for the gas processing precinct and the area stated in the notices at the time compulsory acquisition was first initiated in September 2010.
The Premier confirmed to parliament later that month that he was pushing ahead with compulsory acquisition before the site work had been done to establish exactly which bit of land would be used for the gas precinct. Premier Barnett told parliament that over 7,000 hectares would be compulsorily acquired for what would ultimately be a 3,500 hectare precinct.

"This is to allow sufficient flexibility to identify final locations for each component of the Browse LNG Precinct and associated infrastructure taking into account Aboriginal cultural heritage concerns, as well as environmental and geotechnical considerations." the Premier said.

But today the Supreme Court ruled that the Land Administration Act does not allow the Government to make a broad compulsory acquisition, then choose the portions required and then return the remainder to its original title.
Andrew Chalk says the basic point from this decision is that "...if the government is going to forcefully take people's land they should be required to state precisely what it is that they're intending to take."

There may be further ramifications for the State Government which is said to have used this strategy to compulsorily acquire land in other cases. But the real impact for Kimberley gas processing at James Price Point will be felt if Mr Chalk's claim that the native title compensation deal has been voided, is borne out.
If this is the case then the Government may have to start the longwinded compulsory acquisition process again, and the Kimberley Land Council would have to reconvene native title claimants and take them through the painstaking process of coming to a new agreement with Woodside and the State Government.

This would be another stumbling block for the controversial plans for gas processing at James Price Point. The decision comes after Premier Barnett urged Woodside to hold their nerve amidst reports of increasing economic reasons not to proceed with the project. And there is ongoing uncertainty about environmental and heritage impacts. If the Environmental Protection Authority raises concerns in their report on James Price Point, due at the end of next month, then the gas precinct will be fighting for survival on multiple fronts.

No doubt lawyers from both sides will be preparing for the next court battle over whether this decision affects the billion dollar deal with native title claimants.
The Minister for Lands has 28 days in which to appeal the decision. The ABC has contacted the Minister for Lands, Brendon Grylls, for a response.

Monday, November 14, 2011

Browse up for review

Energy News Bulletin

Browse up for review


WOODSIDE Petroleum is confident of managing the risk to fisheries, marine fauna and flora under the greatest threat from development of the upstream component of its $A30 billion Browse LNG project.

Illustration of the Browse LNG upstream facilities
Map of the Browse LNG fields Image courtesy Woodside Petroleum
Browse LNG retention leases Image courtesy Woodside Petroleum

In its environmental impact statement, Woodside said the development of the Torosa, Brecknock and Calliance fields did not represent a significant threat to any listed or migratory species and management response measures were in place in the event an unplanned incident like a spill occurred.

Woodside said 50-90 wells would be drilled over the project life.

They will be connected to manifolds (four at Torosa, two at Calliance and one at Brecknock), which will be connected in turn through flowlines to their respective infield platforms.

The platforms will be connected to the central processing facility, which will comprise up to four platforms located on the continental shelf in 80-120m of water.

Gas and condensate will be processed at the facility before it is sent by about 310km of pipeline to the LNG plant at James Price Point.

The upstream facilities will tap the 13.3 trillion cubic feet of gas and 360 million barrels of condensate believed to be present in the three fields.

While most of the expected impacts are classed as low risk, Woodside noted
local fisheries faced a medium risk through exclusion zones around platforms and drill rigs, though the total area is expected to be small.

Woodside also carried out tests to determine the impact of light from the Torosa platform on marine turtles and concluded maximum light levels reaching Sandy Islet would appear to be no more than a small lit object, which Woodside said would not influence nesting behaviour of adult turtles.

However, the company said it had started a long-term monitoring program of turtles on the island to identify impacts from the development.

Noise produced during the construction of the project, vessel movements and operational activities were also assessed and while most were found to be of low risk to cetaceans, uncertainty over the noise from the subsea choke valves in the channel between the north and south reefs at Scott reef led Woodside to conclude it presented a medium risk to cetaceans until more data became available.

Woodside said besides carrying out measurements of the noise, it would also investigate insulation methods to reduce the noise produced by fluids through the chokes.

Other risks brought up by the report included the high possibility vessels and rigs might bring in invasive species – though Woodside said its comprehensive management plan made the likelihood low – and changes in water quality due to elevated suspended sediment from pipeline trenching works.

The study also examined the reasons behind the Browse joint venture’s decision to drop development alternatives.

Woodside said the Browse to Darwin option was dropped in 2007 due to the higher cost of running a long pipeline, while an option to build a liquefaction facility in the shallow water of the southern lagoon of Scott reef was deemed to be environmentally unacceptable.

Floating LNG was also dropped due to the need for multiple facilities to efficiently recover gas from the fields.

Woodside acknowledged the option to pipe gas to the Burrup peninsula, widely considered to be the most viable alternative to developing Browse LNG at James Price Point, did not pose unmanageable environmental issues though it raised the possibility that issues related to the cumulative impacts on the Burrup peninsula might present challenges for the option.

The EIS represents 17 years of research that has shed new light on Western Australia’s northern offshore ecosystems.

“Browse represents a major opportunity for Australia to meet the world’s growing demand for cleaner forms of energy,” Woodside Browse senior vice president Michael Hession said.

“It is likely to be a major part of Woodside’s growth as an energy supplier.

“We are also working closely with traditional owners to make sure that Kimberley indigenous people can realise the economic and social development opportunities from this project.”

Browse LNG is expected to generate up to $50 billion for the Australian economy and create up to 8000 jobs, 6000 onshore and 2000 offshore, during construction.

The 12 million tonnes per annum LNG project is expected to be approved next year, with first production in 2017