Friday, September 7, 2012

Kimberley heritage sold out by 'conspiracy of deceit'



  • From:The Australian 
  • September 08, 2012 12:00AM


  • TO understand the Aboriginal heritage concerns of Kimberley law man Joseph Roe, it is necessary to appreciate the cultural meaning of life and death. How ancestral essence flows below the surface of the ground and the worlds are bridged by songs that contain the codes of behaviour fundamental to sustaining the balance and wellbeing of the land and its people.


    These concepts do not sit easily with the practicalities of modern-day life in an export-driven world.


    Roe and other Kimberly law bosses are responsible for keeping their culture alive in an area now targeted by West Australian Premier Colin Barnett and Woodside for a gas hub. So, when they say protection of the area is a matter of life and death, it is easy to dismiss their concerns as histrionic.


    But for more than the past three years some of Australia's most respected Aboriginal heritage lawyers have worked pro bono on Roe's behalf.


    From their Sydney offices, the lawyers have been shocked at what they say has been the contempt with which the West Australian government and Woodside have run roughshod over the state's heritage laws.


    And indigenous heritage has been sold short by the Kimberley Land Council, which may have had the best of intentions but has lacked an ethical spine.


    The lawyers say their investigations reveal a trail of deceit in which records that prove the legitimacy of Roe's heritage claims have been overlooked or ignored.


    The Kimberley Land Council, they argue, has worked with Woodside and the state against the interests of some of its own clients (Roe and the Goolarabooloo people).


    Woodside has been prepared to tell the state government to withdraw warnings that it may be acting in breach of the law that could put its directors in jail. And the government has been happy to comply with its wishes.


    The lawyers have demanded Woodside be prosecuted for criminal acts of damage but their requests have fallen on deaf ears. An application for emergency protection has sat on the desk of federal Environment Minister Tony Burke for more than 12 months.


    Since the company bulldozers first went in, under the protection of state police, a 12-month statute of limitations on prosecution for the initial alleged breaches of the Aboriginal Heritage Act has expired, without the State's investigation of the alleged breaches reaching a conclusion.


    James Price Point is not another Hindmarsh Island, where accounts of secret Aboriginal business surfaced late in the day to derail a proposed development.


    Documents prove that heritage values at James Price Point were identified long before the gas hub was first mooted.


    It is not about whether or not there should be an export gas hub in the Kimberley.


    Or whether an indigenous man with a flawed past has been seduced by the limelight of a national environmental cause.


    The fact is, Dampier law bosses have never given their consent for a gas hub at the James Price Point site being pushed by Barnett and Woodside.


    The traditional custodians have suggested a less culturally sensitive site further to the north that would allow the gas project to go ahead, the $1.3 billion compensation package for local indigenous groups to continue and what is arguably the nation's most defined songline - a path made by Dreamtime ancestors - to remain intact.


    The area's significance, and Roe's authority to speak for it, have been confirmed by Scott Cane, one of Australia's most respected anthropologists, who was commissioned to investigate by the West Australian Department of Indigenous Affairs this year.


    According to Cane's report, there is no doubt Roe has a detailed knowledge of the core narrative that defines the Northern Tradition.


    "It was readily apparent in conservation with Joe that he knows the religious narrative intimately, has a comprehensive grasp of the song cycles associated with the narrative, and is in command of the relationship between that narrative and the landscape in which it is embedded," he said.


    "It was my understanding from Joe Roe that the reasons for maintaining the integrity of the tradition go beyond issues of health and wellbeing into the core law and customs that define regional Aboriginal society and so give rights to land in this part of the Kimberley."


    For Chalk and Fitzgerald lawyer Andrew Chalk, Cane's findings amplify the injustice that has been done to what he describes as perhaps the nation's most comprehensively mapped songline.


    "I have been doing this (cultural heritage work) since before native title existed," Chalk says. "I was involved in the drafting of the Native Title Act. But I have not seen instances where senior people within the state or within a representative body have been so willing to flout their own legal duties to get an outcome.


    "It is about the willingness to put aside lawful process within the Kimberley Land Council and the willingness of the KLC to put aside lawful process within the KLC and for the state to turn a blind eye to its own laws - which carry serious criminal penalties," Chalk says.


    It is a window into how heritage administration is managed in a mining boom in Western Australia, where no matter how significant an area is the government seems happy to look the other way. You will not find another dreaming track in Australia that has been so carefully mapped for such a long period and where in the face of an economic opportunity there is such a preparedness on the part of all the key agencies to ignore the evidence.


    "The native title representative body and the state government's heritage organisation actually want to put their heads in the sand and deny the existence and significance of it."


    According to Chalk, the foundation on which the injustice is built has been the willingness of the Kimberley Land Council to forget or ignore cultural heritage work it was involved in before the gas hub proposal ever existed.


    Lengthy correspondence between the state Department of Indigenous Affairs and Woodside clearly shows how tough the company has decided to play.


    After undertaking its own ground surveys last year and rediscovering heritage information that was accepted in court and by the Aboriginal Cultural Materials Committee more than 20 years ago, the department wrote to Woodside advising its development work at James Price Point may jeopardise a heritage site.


    Woodside rejected the advice and successfully lobbied for it to be withdrawn. It declined to comment on correspondence with the government, in which it said the timing of the new heritage information was "vexatious".


    But, in a statement, a company spokesperson said: "Woodside is working closely with senior traditional owners to identify and carefully manage Aboriginal culture and heritage at the site of the proposed Browse LNG Precinct.


    "We conduct our activities under the supervision of traditional owner monitors. Comprehensive ethnographic and archeological surveys conducted by traditional owners have been completed to identify the location and nature of Aboriginal heritage sites."


    A spokesperson for the West Australian Minister for Education, Energy and Indigenous Affairs, Peter Collier, confirmed the advice to Woodside had been withdrawn. "The department withdrew the letter and maps as the content was - upon review - unhelpful and did not properly advise Woodside of known registered sites," the spokesman says.


    The Heritage Act is meant to protect all sites, registered or not.


    Chalk is highly critical of the way the KLC has handled the heritage issues at James Price Point.


    Greens MLA Robin Chapple is prepared to be charitable and say the KLC lacks the "corporate knowledge" of work that has been done in the area over two decades.


    But, according to Chalk, the land council has pushed the gas hub proposal "without reference to the critical Aboriginal heritage significance of the area". A meeting of law bosses in 2005 supported the Roe position that the area was too sensitive to be developed. But the KLC pushed ahead.


    "There is no issue the KLC has every right to push economic development and to propose a gas hub at this location," Chalk says. "What they don't have the right to do, though, is to mislead about the significance of the area, or bury records they hold, or to deny the legitimacy of positions they have pushed under affidavit in the past."


    Chalk's complaints are about process. He says Woodside could have sought upfront approval for its works under the Aboriginal Heritage Act, but chose not to.


    And he says the state has been prepared to participate in an abuse of process to strengthen Woodside's hand. He accuses the company of acting outside the bounds of its heritage mission statement.


    "Even if it is legal, should a company like Woodside be bulldozing a place like this?" Chalk asks.


    Nonetheless, he has some sympathy for the KLC's position.


    "Two years ago, we would have given the same advice as the KLC that the prospects of stopping this project are so remote you are better off taking the compensation package and trying to manage the impacts because in all likelihood it is going to go ahead," Chalk says. "But, equally, you have an ethical duty to present all of the evidence as to the significance of the area and not to hide the bits that don't make your advice easier to give."


    Chalk says the difficulty for the KLC is that, no matter how logical its reasoning may be, Roe's responsibilities under indigenous law do not allow for compromise.


    "It is no different to saying to some Orthodox Jews, look, the Wailing Wall and East Jerusalem is not worth the grief.


    "I am no fan of what is happening in Israel but - to people to whom that is such a sacred symbol - the arguments about economics and everything else don't carry much weight. That is why this issue won't go away."

    Gas giant Woodside silences advice on songlines

  • From:
  • The Australian 
  • September 08, 2012 12:00AM

  • WOODSIDE wrote to the West Australian government at least twice last year asking it to withdraw written advice about the possible existence of significant Aboriginal sites in areas disturbed by its proposed $40 billion James Price Point gas hub.
    Any damage to the sites integral to an important Aboriginal men's song cycle could leave the resources giant and its directors liable for criminal prosecution under the state's Aboriginal Heritage Act.
    A government spokesman confirmed that the Barnett government succumbed to Woodside's wishes and withdrew the letters.
    Andrew Chalk, lawyer for indigenous law boss Joseph Roe, who claims cultural responsibility for the area, said Woodside's actions had been "like asking a burglar not to tell a buyer that goods for sale are stolen".
    Mr Chalk said letters from Woodside to the state government underscored how the government and the company had run roughshod over heritage concerns at the site near Broome in pursuit of development.
    He said that the song cycle had been well documented for more than two decades but many details of it are considered men's business and must remain secret.
    The WA Department of Indigenous Affairs wrote to Woodside after evaluating heritage claims following contentious site works in the middle of last year.
    The visit followed the discovery of heritage records that pre-dated the Woodside proposal and included interviews with Mr Roe.
    Lawyers claim information about the area's heritage value in the Kimberley Land Council's possession since 1991 was not included in the heritage advice given to Woodside more recently.
    The material pre-dates Woodside's decision to investigate the gas hub site.
    Scott Cane, an anthropologist commissioned by Indigenous Affairs, has confirmed Mr Roe's standing as a significant figure in indigenous law for the area.
    "It is clear to me that his knowledge of the religious tradition is comprehensive and his commitment to that 'law' is consistent with both his knowledge of the tradition and his ancestral responsibility to it," Dr Cane wrote in his report on July 16.
    Dr Cane's report follows the rejection of DIA's advice about the significance of the area the previous year.
    In a letter to the state government dated September 5, 2011, Woodside thanked the department for withdrawing an earlier letter expressing the potential significance of the area. It asked that further advice from the department in relation to a "possible site" in the vicinity of the proposed gas hub also be withdrawn.
    Woodside had said the area involved was too big and the timing was vexatious.
    The company objected to details of the significance of the area being withheld on the basis they were for initiated males.
    Woodside said it was being denied "procedural fairness".
    A spokesman for WA Education, Energy and Indigenous Affairs Minister Peter Collier confirmed the advice to Woodside had been withdrawn. "The department withdrew the letter and maps as the content was, upon review, unhelpful and did not properly advise Woodside of known registered sites," he said.
    A Woodside spokeswoman declined to comment specifically on communications with the state government.
    But in a statement, Woodside said the company was working closely with senior traditional owners to identify and carefully manage Aboriginal cultural heritage at the site of the proposed gas hub. "We conduct our activities under the supervision of traditional owner monitors," it said.
    "Comprehensive ethnographic and archeological surveys conducted by traditional owners have been completed to identify the location and nature of Aboriginal heritage sites."
    Woodside would seek all additional consents and approvals needed to conduct any activities in areas known to contain Aboriginal heritage.
    The project, with a $1.3bn social benefit package for Kimberley Aborigines, has split Broome's indigenous community and drawn environmental protesters from all over Australia.

    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."


    Genetic tracing fish offspring outside Kimberley no-take sanctuaries proposed

    DNA tracking has been used to monitoring the effect of marine sanctuaries on stocks at nearby fisheries.

    James Cook University marine biologist Prof Geoff Jones says the method could be easily used to study the impact of the new no-take zones at Camden Sound Marine Park off the Kimberley coast.
    “The purpose of the study was to basically work out whether or not there were added benefits of having marine sanctuaries for restocking fish populations outside reserves,” he says.
    “We’ve known for a long time that adult numbers build up in reserves, so there’s obviously some sort of conservation benefit within the reserve boundary.
    “What people really wanted to know is ‘does that do any good for the fishery outside?’.”
    He said there had never been a previously-agreed method for tracing the dispersal of baby fish from their parents.
    “We put a lot of thought into that and we came up with a DNA technique.
    “We now have the ability to find juvenile fish, sample the DNA of adults and then work out who belongs to whom.
    “We did the proof of concept of this, years ago, using clown fishes.
    “We not only did the DNA but we were able to tag eggs using a chemical marking technique - and we had almost 100% correspondence between the two different techniques.
    Professor Jones and his colleagues applied the technique to coral trout breeding in three marine sanctuaries at Great Barrier Reef’s Keppel Islands.
    “We were just amazed [at] how many small baby fish that we found that we could relate to parents back at the reserves,” he says.
    “What astounded us really was that a lot of them were within one or two and up to 10 or 20 kilometres away from the reserve.
    “I think it’s important to repeat the kind of work that we did on other species in other places just to see how this unfolds in terms of being a general concept.”
    He says it would be well worth applying the method to a study of fish populations in and near the two no-take zones declared earlier this year at the new Camden Sound Marine Park, off the Kimberley coast.
    “You can take a lot of conservation actions and you don’t really know if it’s beneficial for many years down the track—but for reserves you can see within two or three years something has happened.”

    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

    Sunday, July 29, 2012

    Hundreds turn up for human whale on Cable Beach

    Over 500 people (and several dogs) gathered on Broome's beautiful Cable Beach this morning to celebrate the arrival of the largest humpback whale population in the world.  In a marvellous show of community support, participants spelt out "Broome loves" whales, with three human whale shapes on the beach.

    Download the photos here


    Thursday, July 26, 2012

    Human whale on Broome's Cable Beach

    Join us on Sunday 29th July at 9.45am to make a Human whale on Broome's Cable Beach, for an aerial photo to celebrate our wonderful Humpback whale migration.  Western Australia is home to the world's largest population of Humpback whales, who migrate to the Kimberley's warm, tropical waters to mate and calve.

    Photo available afterwards as a free download from www.kimberleywhales.com.au