Showing posts with label KLC. Show all posts
Showing posts with label KLC. Show all posts

Thursday, May 24, 2012

Plan to drill sacred sites inflames dispute

Goolarabooloo Lawmen at James Price PointWOODSIDE Energy has sought permission to drill on Aboriginal sacred sites at its proposed $40 billion James Price Point gas hub near Broome, setting the company and West Australian government on a collision course with traditional owners who remain camped at the site.
The company lodged a Section 18 notice with WA's Registrar of Aboriginal Sites on May 18 for permission to damage sites and indigenous groups have been given until next Friday to respond.
The issue threatens to further inflame relations between indigenous groups over the James Price Point development.
The Kimberley Land Council, which has negotiated a $1.5bn compensation package for the gas hub development, is understood to have helped Woodside draft its Section 18 application for ministerial consent to work in the area.
But the work program is bitterly opposed by the Goolarabooloo, who have been at odds with the KLC and who claim native title and cultural heritage rights over the area.
Goolarabooloo law boss Joseph Roe said Woodside's drilling program to test the feasibility of the James Price Point liquefied natural gas project would damage areas that had been recognised for their heritage values since 1991.
A Woodside spokesman said if approved, all activities in the area would be monitored by representatives of the traditional owners and be conducted under a cultural heritage management plan.
He said the company planned to undertake a limited range of engineering and environmental studies in areas south of James Price Point that are known to contain indigenous heritage sites. "In executing this work Woodside will avoid sites where possible, or minimise any disturbance to them," the spokesman said.
The drilling program is understood to include the area where pipes come ashore from the Browse Basin gas field and surrounding sand dunes, which contain extensive heritage areas.
"There are some old ceremonial grounds in there," Mr Roe said yesterday. "It is part of the song cycle and inside the song cycle there are old ceremonial grounds used for the initiation of boys."
Mr Roe said his family would contest the Section 18 application. "The whole family, including children, will go to the camp to stop the work," he said.
About 150 police reinforcements were sent to Broome last week to oversee the closure of one protest camp and ensure the company could get its earthmoving machinery to the James Price Point site.
A Goolarabooloo camp located closer to the worksite remains in place.
Mr Roe's lawyer, Andrew Chalk, said the matter was further complicated by the failure of the state government's compulsory acquisition of the James Price Point land, which he said threw the validity of the whole KLC agreement into question.
Mr Roe said Woodside's Section 18 application proved the company did not have all the approvals it needed to conduct its feasibility work, as it had claimed.
Mr Chalk has previously written to Woodside and its joint venture partners warning directors it would be a criminal offence to damage sites at James Price Point without approval under the Aboriginal Heritage Act. Mr Chalk has also provided Woodside with maps with the location of the sites.
He said Woodside's lack of approval called into question the WA government's decision last week to spend $1 million on police resources to help Woodside get its machinery past protesters.
Mr Chalk said it was possible Woodside might receive ministerial consent for its Section 18 application despite objections.
"The idea of the act affording protection is a bit of a mirage," he said.

Friday, May 18, 2012

Guerilla protest hits gas hub tests


  • From:


  • The Australian 
  • May 19, 2012 12:00AM

  • TENSIONS were raised dramatically in the standoff over the proposed $40 billion James Price Point gas hub near Broome yesterday, as a guerilla protest stopped work and Woodside directors were warned that they might be personally liable for criminal damage if drilling went ahead near sacred sites.
    Heavy police reinforcements, sent to Broome to assist Woodside begin its new-season work program, were unable to prevent two middle-aged women who locked themselves to a car anchored to the ground from wrecking the company's plans.
    The lock-on caused a split between protesters and a traditional claimant group that had been gradually increasing the legal pressure on Woodside to respect heritage values at the James Price Point site. Many protest organisers believed the positive message from low-key protests during the week had been wrecked by illegal action, which they said could be used to justify the heavy police presence in Broome.
    The state government and police command had been criticised during the week for spending $1 million on a 10-day police operation that, until yesterday, had appeared to be unnecessary.
    The indigenous politics surrounding the James Price Point project have become tangled with a former joint native title claim over the area now split into two.
    The Kimberley Land Council still has a $1.5 billion compensation package agreement with Woodside if the James Price Point project goes ahead. But the Goolarabooloo group has withdrawn from the KLC umbrella and lodged its own claim, forcing the state government and the company to negotiate.
    Goolarabooloo matriarch Teresa Roe is the daughter of Paddy Roe, the traditional leader whose bones are buried in the sand dunes at the James Price Point site. Standing on the dunes at James Price Point yesterday, she said: "I am crying for my country. We are going to fight really hard to keep that country alive. I don't want it to be destroyed just for money. I don't want the money; I want my country."
    A spokesman for the KLC was not available to comment.
    Mrs Roe's son, Joseph Roe, is recognised as the senior law man for the Goolarabooloo and is leading the legal fight to stop the Woodside development.
    Lawyers for the Goolarabooloo said last night they had written to directors of Woodside and its joint-venture partners, repeating a warning that they might be personally liable for criminal action if the company went ahead with a planned work program to test drill in the sand dunes.
    A letter was first sent on November 25 last year, putting directors on notice about the cultural heritage sites including songlines and a number of specific areas.
    Goolarabooloo lawyer Andrew Chalk said: "If they go ahead with the drilling program they could be committing an offence under the Aboriginal Heritage Act 1972.
    "I have written to the company directors to remind them that if work is carried out with their actual knowledge they may be personally liable."
    Mr Chalk said another letter had been sent to federal Environment Minister Tony Burke, asking that he act on an application for emergency protection of the area under section nine of the Heritage Act. An application for a 30-day protection order was first made in July last year. Woodside said last night it had the "relevant consents and approvals required for the current program of engineering and environmental studies within the Browse LNG Precinct".
    "We acknowledge that some people are opposed to the project but there are many people in the Kimberley who are looking forward to the employment and economic benefits that would flow if it proceeds," Woodside said.

    Monday, May 14, 2012

    Blue line in red dirt as gas tensions rise in Broome

    BY:GRAHAM LLOYD, ENVIRONMENT EDITOR 
    May 15, 2012 12:00AM 



    WA police give a show of force yesterday at James Price Point, the site of Woodside Petroleum's controversial $40bn Broome CSG hub. Picture: Damian Kelly Source: The Australian

    THE wet season has officially ended in Broome and a new flashpoint has arrived in the protests over Woodside Petroleum's controversial $40 billion James Price Point gas hub.
    Over the past four days, the tropical holiday town, 2176km north of Perth, has been flooded with an estimated 150 extra police who have taken up residence in five-star resorts to conduct a high-visibility operation - including manning outback booze buses and issuing a blizzard of car defect notices.

    Yesterday, a large contingent of riot police had its first confrontation with a small group of protesters manning the barricades at "black tank" camp, where Manari Road joins the Cape Leveque Road for James Price Point. The display of police power to shepherd through Woodside machinery to the proposed gas hub site was seen by locals as a forerunner of what is to come.
    Broome Shire President Graeme Campbell has declared two protest camps - where more than 40 arrests were made last year - to be illegal. A protest organiser said the camps had been given a deadline of Wednesday to be pulled down.

    West Australian Police Commissioner Karl O'Callaghan said police had been sent to Broome to "keep the peace and ensure Woodside can go about its lawful activity".

    But Mitch Torres, a traditional owner from the Jabirr Jabirr-Djugun Yawuru tribe, said the traditional families of Broome were alarmed at what was taking place in their town.
    Ms Torres said she represented the "old families of Broome" who had invested in the town for generations.

    Visiting the Manari Road camp after yesterday's police operation, Ms Torres accused police of acting as a private security firm for Woodside.

    "Who are they protecting us from?" she asked. "Ourselves?"

    Ms Torres said Labor Party polling had shown 79 per cent of Broome residents were opposed to the gas-hub development.

    The project still enjoys the support of the Kimberly Land Council, which has negotiated a $1.5bn compensation package for traditional owners.

    On Sunday, 300 people delivered flowers to the Broome police station to mark Mother's Day and as a gesture of peace.

    But beneath the public niceties there is a sense of foreboding and deep divisions over the project, which enjoys the strongest possible support from Premier Colin Barnett.

    Woodside this month sold a 15 per cent stake in the Browse Basin project to a Japanese consortium for $2bn, raising doubts about the company's determination to proceed with James Price Point as the site for a gas hub.

    Woodside's joint-venture partners reportedly favour pumping gas from James Price Point to LNG facilities further south.

    But a defiant Mr Barnett has declared that the state government will decide where the gas-processing facilities are located, not the companies.

    Woodside has yet to make a decision on whether to proceed but company chief executive Peter Coleman said the Japanese investment would not affect its plans.

    The resumption of work at James Price Point is considered by many Broome locals to be a provocative act in the face of a Supreme Court decision to overturn the state government's compulsory acquisition of the site and new legal wrangles by traditional owners.

    Protesters at the Manari Road camp said about 80 police were used to assist a convoy of 14 Woodside trucks to pass, with protestors blocked so they could not approach it.

    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.