Under the scheme, similar to one operating in the NT, the courts could ban troublesome drinkers purchasing alcohol for 12 months.

ABC [read this story]

Senator Siewert

Greens Senator Rachel Siewert speaks strongly against compulsory acquisition of James Price Point for a gas hub.

You can read her statement here:

2 September 2010

Compulsory acquisition wrong, say Greens

The Australian Greens have criticised the WA Government’s decision to compulsory acquire land for a resources project at James Price Point, saying important human rights and environmental issues are being ignored.

Senator Rachel Siewert, Greens spokesperson for Aboriginal Issues says the compulsory land acquisition is not acceptable and is a step backwards from meaningful reconciliation.

“The WA Government is prioritising development over the rights of traditional owners – it is yet another example of government ignoring important human rights and discrimination issues,” Senator Siewert said.

“Premier Barnett tried to short-cut the consultation process to determine the best site for a gas hub and force a site onto the traditional owners and the community. Now he’s complaining that railroading the community hasn’t worked, and is trying to use the problems and delays caused by his poor process as an excuse for compulsory acquisition.

The Greens have also voiced concerns about the project’s environmental impact.

“Important whale populations and the unique environment will all be impacted by this development,” Senator Siewert said.

“We should be passed the era of development regardless of the human rights and environmental toll but it appears here in WA we are not.

“The Greens, as attested to through our push for a referendum on the recognition of the First Nations in the Australian Constitution, are committed to seeing an end to discrimination in this country.

“The UN Committee on the Elimination of Racial Discrimination (CERD) has this week delivered a damning report on Australia’s failure to meet international commitments on eliminating discrimination, and it’s little wonder this finding has been made, given today’s decision,” Senator Siewert concluded.

The 82 men staged a protest along Stuart Highway for most of the day on Wednesday.

Brisbane Times [read this story]

Martin Pritchard

A green group says Premier Barnett is “showing contempt for the local community and environment”.

Environs Kimberley director Martin Pritchard was commenting on Mr Barnett’s plan to acquire James Price Point for a gas hub.

You can read his statement here:

MEDIA ALERT
September 2, 2010
Premier’s ‘rush to riches’ shows contempt
The WA Premier Colin Barnett’s rush to develop the Kimberley shows contempt for the local community and environment, according to Environs Kimberley.
“In his rush to riches the Premier has ignored community concerns about damage to the environment and to the local economy, which is largely based on tourism. The Premier’s Department of State Development has refused requests for a public meeting on the social impacts of the proposed oil and gas refinery on Broome’s doorstep,” Environs Kimberley Director Martin Pritchard said. “Every time we raise a concern about the proposed gas refinery the Premier dismisses it.”
A report by the Centre for Sustainable Tourism has shown that a gas refinery would have a serious impact on tourism in the Kimberley and Broome in particular, but the Premier is refuting the findings.
“Compulsory acquisition of the land shows how desperate the Premier is to industrialise this part of the Kimberley coast, regardless of the cost to Traditional Owners and the environment,” Mr Pritchard said.
Far from ‘unremarkable’ as the Premier once described it, the land in question had been earmarked by the government as a future National Park for the past 20 years, features a threatened ecological community and is adjacent to a whale calving area for the Kimberley coast’s famed humpback whales.
“The Premier has broken all agreements with the Commonwealth over the assessment of this project, including the agreement to have the free, prior and informed consent of Traditional Owners as well as to make a thorough assessment of processing sites outside the Kimberley”, said Mr Pritchard.
“The Premier has chosen a moment to announce compulsory acquisition when the Commonwealth government is in caretaker mode and cannot respond.” Mr Pritchard said.
“We are calling on Woodside and its Joint Venture partners Shell, BP, Chevron and BHP not to go ahead with the Premier’s oil and gas refinery near Broome, but to continue with their plans to pipe the gas south to the Pilbara.
“A JP Morgan report has stated that piping south is a more cost effective deal for the JV partners and the longer the decision is delayed, the more attractive the Pilbara option becomes,” Mr Pritchard said.

John Castrilli

Local government minister John Castrilli signed an agreement with the four shires to form a “regional collaborative group”.

While the shires are not intending to amalgamate, Mr Castrilli said they have agreed to work more closely together by sharing resources and planning as a region.

You can read his statement here:

Minister for Local Government

2/9/10                                                                                               Media Statement

Kimberley shires sign collaborative agreement.

Local Government Minister John Castrilli has congratulated the Kimberley’s four local governments for engaging in the State Government’s reform program.

The shires of Broome, Derby-West Kimberley, Halls Creek and Wyndham-East Kimberley have agreed to form a Regional Collaborative Group.

Mr Castrilli said the decision by the Kimberley shires was a very positive step in securing the long-term future of these communities.

“The Regional Collaborative Group reform option was available to 28 local governments in remote regional areas where amalgamation was not a priority; however, there were benefits to be achieved from local governments working more closely,” he said.

“I am very pleased to say that 23 of those entities have either accepted the opportunity and signed agreements or are in the process of doing so.”

The Minister said the Kimberley shires had identified many benefits from utilising this model, especially to address population and town centre growth in response to mining and tourism activity.

“A diverse regional economy and one of the fastest population growth rates in Western Australia means both opportunities and challenges for the Kimberley region,” he said.

“Demographic change is a key impetus for reform and forming a Regional Collaborative Group enables a more regional approach, allowing local governments to maximise the benefits to their communities and the region.

“Reform presents these local governments with the opportunity to plan for the changes and to ensure that they are in the best position possible to deliver services to their communities in the future.”

The State Government will fund the preparation of a plan that investigates more fully the costs and mutual benefits of a formalised, regional approach to service delivery.

WA is housing asylum seekers at remote facilities near Derby and Leonora.

PerthNow [read this story]

Ben Wyatt

Shadow Treasure Ben Wyatt says Premier Barnett is putting WA’s reputation at risk.

He said the decision to place a gas hub at James Price Point subverted a process put into place by Labor’s Northern Development Taskforce that would have recommended a suitable site by now.

You can read his statement here:

MEDIA STATEMENT
Thursday, 2 September 2010
Barnett Government puts WA’s reputation at risk

Shadow Treasurer Ben Wyatt today said the Barnett Government’s move to compulsorily acquire land for the proposed LNG hub in the Kimberley will have detrimental effects on the
future of Western Australia’s credibility in the international mining and resources sector.
Mr Wyatt said that Labor established the Northern Development Taskforce in 2007 to determine a single preferred site for the proposed LNG hub in the Kimberley. The Taskforce was on track to have finalised the process with approval from key stakeholders by March 2010.
“The Premier has singlehandedly created the current situation by disbanding the Northern Development Taskforce and by naming his personal preference for a site before the process was completed,” Mr Wyatt said.
“He then ensured that any goodwill in the negotiations was destroyed when he threatened compulsory acquisition. You cannot expect to negotiate with someone and get a fair and reasonable outcome when you are holding a gun to their head.
“The Premier destroyed a successful and inclusive process when he became Premier. He is personally responsible for the delays and now is trying to blame Indigenous Western Australians in the Kimberley to cover up his own incompetence.
“A modern, 21st century Government does not behave in this way and does not conduct business with major international companies this way.
“The world is watching Western Australia at the moment and they are seeing an arrogant Premier playing by the political tactics from the 1980s.”
Mr Wyatt said Labor supports LNG processing in the Kimberley but developers must respect environmental sensitivities and the rights of traditional land owners.
“An inclusive and consultative mediation and negotiation process is the only way to succeed in developing a gas hub site in the Kimberley and the Premier has today destroyed the process started by Labor,” he said.
“Today’s decision by the Barnett Government will have long term effects on any relationship the Government can hope to have with any Indigenous Western Australians for any future development in the Kimberley and across Western Australia.”

You can read it here:

Premier;

Minister for State Development

2/9/10                                                                                               Media Statement

State Government to trigger land acquisition process for LNG precinct.

The State Government has started a formal compulsory acquisition process to ensure land is available for the LNG precinct at James Price Point, 60 kilometres north of Broome.

The land involved in this process is unallocated Crown land, over which no Native Title has currently been determined.

Premier Colin Barnett said the Government’s decision to commence the compulsory acquisition process was necessary as the Kimberley Land Council (KLC) and native title claimants had been unable to finalise an Indigenous Land Use Agreement (ILUA) with the State and Woodside Energy within the required timeframe, due to internal issues within the claimant group.  The deadline to finalise an ILUA between the State, Woodside and the KLC lapsed on June 30 and would not be extended for a fourth time.

Only land required for the precinct would be affected and the acquisition would follow the requirements of the Western Australian Land Administration Act 1997 and the Commonwealth Native Title Act 1993.

“Developing gas from the Browse Basin is critical for the development of this State, this nation and its indigenous people. Economic independence and real opportunity is the best way towards self-determination for Aboriginal people and goes a long way towards reconciliation,” Mr Barnett said.

“In developing this resource, the Government will not compromise on environmental standards, good planning, high standards of safety or benefits to the Aboriginal community.

“Compulsory acquisition is a clearly defined process which involves negotiating in good faith with registered Native Title claimants over a six-month period. If an agreement cannot be reached, the State will refer the matter to the National Native Title Tribunal for arbitration, which takes another six months.

“The State Government would prefer to sign an ILUA based on consent, and I continue to encourage claimants to resolve the issues within their groups.

“If that is not possible, we will be aiming to achieve a negotiated outcome that is consistent with the Heads of Agreement signed by the Kimberley Land Council on behalf of the Goolarabooloo Jabirr Jabirr claimants in April 2009.

“The State Government and Woodside remain committed to delivering about $1.5billion of social and economic benefits to local Aboriginal communities, as part of the LNG precinct project.”

The Premier said the Heads of Agreement included:

• recognition of the claimants as Traditional Owners of the affected land
• providing an area of land, equivalent to that required for the precinct, to the Traditional Owners under freehold title
• creating new economic opportunities, including in business development and trade training
• stronger environmental and heritage protection including creating new conservation reserves on the Dampier Peninsula
• reform of indigenous land tenure reform to help establish appropriate titles for home ownership and economic development in Dampier Peninsula communities
• creating Traditional Owner controlled funds for economic development, housing, education and cultural preservation funds
• increased funding to improve Government facilities and services for the wider community
• when the land is no longer needed, returning it fully remediated to the Traditional Owners.

“This is an extraordinarily big deal in every respect. I am not referring to the investment or the amount of dollars expended. This is a project that has the potential to bring enormous benefits to Western Australia and especially to the Kimberley. The Kimberley has high levels of unemployment, limited work opportunities and issues of education, health and housing,” Mr Barnett said.

“This project provides a great chance to offer a substantial and permanent improvement to Aboriginal people and the wider Kimberley area.”

A history of the LNG precinct is attached.

LNG precinct history

• The Department of State Development (then Industry and Resources) started work to identify a suitable site for LNG development in the Kimberley region in
  June 2007.
• Potential sites were comprehensively evaluated against four broad criteria of environmental, economic, technical, and social feasibility.  In July 2008, the initial list of 43 was reduced to 11 sites for more detailed consideration.
• Four sites, including James Price Point, were short-listed in October 2008.
  A Site Evaluation Report was published for public comment.
• On December 19, 2008, the Environmental Protection Authority published advice under s16(e) of the Environmental Protection Act 1986 which indicated that the environmental impacts and risks of locating a precinct in the James Price Point area are likely to be manageable.
• On December 23, 2008, the State Government announced James Price Point on the Dampier Peninsula, 60 km north of Broome as the preferred location for the development of an LNG precinct.
• The State, and Woodside Energy Limited, as foundation proponent, commenced negotiating with the Kimberley Land Council (KLC), as authorised representatives of the Traditional Owners, to reach an Indigenous Land Use Agreement (ILUA) to establish the LNG precinct at James Price Point.
• In April 2009, the State, KLC and Woodside entered into a Heads of Agreement as the basis for developing an Indigenous Land Use Agreement for the LNG precinct by September 2009.
• Deadline for finalising an ILUA between the State, KLC and Woodside subsequently extended to December 31, 2009, then March 31, 2010 and finally June 30, 2010.
• On December 2, 2009, the Joint Authority (WA Minister for Mines and Petroleum and Commonwealth Minister for Resources and Energy) issued notices of intent to renew the relevant offshore exploration retention leases.  Lease conditions require the Browse Joint Venture, operated by Woodside, to make a Final Investment Decision by June 2012.
• KLC provided with $15.6million since January 2009 to undertake ILUA negotiations, co-ordinate input from Traditional Owners, and to participate in various studies relating to the process of establishing an LNG precinct at James Price Point.
• On June 11, 2010, the KLC formally advised that due to tensions within the claimant group and subsequent legal proceedings within the claimant group, the claimants were unable to finalise an ILUA with the State and Woodside Energy by the deadline of June 30, 2010.
• September 2010, the Western Australian Government commenced a compulsory acquisition process to ensure that land is available for the LNG precinct within the required timeframe.

Paul Marshall

Australian Conservation Foundation’s Paul Marshall is critical of the Premier’s move to acquire gas hub land by force.

He said it undermines public confidence in government decision making about places of cultural and natural value.

You can read his statement here:

MEDIA RELEASE

2 September 2010

Barnett undermines confidence in process, again

WA Premier Colin Barnett’s decision to forcibly acquire land at James Price Point, 60 kilometres north of Broome, for a massive liquefied natural gas hub undermines public confidence in decision making around areas of great natural and cultural value, the Australian Conservation Foundation said today.

“Premier Barnett has today confirmed that he is willing to fast track and cut corners in order to industrialise the Kimberley coastline,” said Broome-based ACF spokesman Paul Marshall.

“Given the significant natural and cultural values of the region and that fact that an industrial precinct has the potential to dramatically impact on the Kimberley, it’s essential to get the process right so all Australians can have confidence in decisions that affect our precious heritage.”

“ACF remains concerned there has been very little effort to find appropriate alternative sites for processing the gas outside the Kimberley.

“The natural and cultural values of the Kimberley are too great to be sacrificed for major industrialisation and all the impacts that will flow from it.

“This could be the thin end of the wedge for further industrialisation of the Kimberley, including bauxite and uranium mining.

“Traditional Owners should not have to allow massive industrial developments on their land in order to receive government help to tackle social disadvantage and protect environmental and cultural values,” Mr Marshall said.

He said he has resorted to compulsory acquisition because talks with Traditional Owners have broken down.

The Australian [read this story]