Robin Chapple MLC

Robin Chapple MLC is critical of the Premier for failing to rule out a copper mine at the Horizontal Waterfalls.

You can read his media release here:

ROBIN CHAPPLE MLC

Member for the Mining and Pastoral Region

MEDIA RELEASE

BARNETT MAY BE CONSIDERING HORIZONTAL COLLABORATION: GREENS

8 December 2011

Colin Barnett’s commitment to protect the West Kimberley’s Horizontal Waterfalls from mining operations is wavering, Greens MLC Robin Chapple said today.

“In August this year the Premier stated that he “supported protecting parts of the west Kimberley, including the Horizontal Waterfalls in Buccaneer Archipelago” but he now seems to be hedging his bets.”

“At the recent Pegasus Metals AGM the company made the claim that the Premier was supporting their copper mining project at Horizontal Waterfalls.”

“I followed up this statement with a Parliamentary Question as to whether Mr. Barnett would protect the area from copper mining, and the Premier’s answer was ambiguous as far as protecting the area is concerned.”

“Mr. Barnett’s answer was that the EPA declined to formally assess Pegasus exploration activity near the Waterfalls due to their low impact, despite both the exploration camp and drill site being very close to the waterfalls and visible from the air.”

“Local tour operators are not happy that a mining exploration site is clearly visible in an area long advertised, and regarded as, pristine. This is the beginning of the end for a tourism icon if the exploration is allowed to proceed, to say nothing of ongoing environmental impacts.”

“What is most outrageous about Mr. Barnett’s answer is that he concedes that his government will consider any proposal from Pegasus to mine the area, rather than reject it outright.”

“This flies in the face of the Premier’s prior commitment to protect the Horizontal Waterfalls from mining activity, and the Heritage Listing of the area by the Commonwealth. He appears to be playing both sides on the matter and in the process, endangering one of the country’s great environmental and tourism areas.”

“According to the Standing Committee on Environment and Public Affairs, the State’s position is that ‘no exploration and mining will be allowed around the Horizontal Falls that would in any way compromise the environmental and tourism values of the Falls.’ Anyone who has been to the site would recognise that this should preclude any exploration or mining at all.”

“Mr. Barnett needs to clarify his position to both Pegasus and the local business people whose livelihoods depend on a viable, pristine future for the Horizontal Waterfalls.”

Mr. Barnett’s response to Mr. Chapple’s Parliamentary Question (PDF) is available here: http://bit.ly/tEv9lX

The full text (PDF) of the Standing Committee on Environment and Public Affairs letter regarding mining at the Horizontal Waterfalls is available here: http://bit.ly/tKrrNs

Robin Chapple MLC

Member for the Mining and Pastoral Region

PO Box 94, West Perth WA 6872

41 Havelock Street, West Perth. WA 6005

Phone: (08) 9486 8255 | Email: Robin.Chapple@mp.wa.gov.au | Freecall: 1800 138 610

Picture by Rod Hartvigsen

Woodside says it does not expect yesterday’s Supreme Court ruling to halt its works program at James Price Point.

Sydney Morning Herald [read this story]

You can see a full transcript of the Supreme Court decision if you click here.

Picture by Rod Hartvigsen

Premier Colin Barnett says yesterday’s Supreme Court ruling will not affect plans to build a gas hub.

The Australian [read this story]

Phillip Roe outside the Supreme Court today. Photo: The Wilderness Society

Chief Justice Wayne Martin has declared the Premier’s compulsory acquisition notices for James Price Point to be unlawful.

“Any decisions made since the notices to take the Land at James Price Point and extinguish Native Title there, are also unlawful,” said lawyers for Goolarabooloo men Neil McKenzie and Phillip Roe, who mounted a supreme court challenge.

You can read a media release here:

STATEMENT ON 6/12/2011 FROM CHALK AND FITZGERALD AND THE PLAINTIFFS Neil McKenzie and Phillip Roe from Broome on the Dampier Peninsula, in The Kimberley on hearing news of the decision by Chief Justice

Neil Mackenzie

Wayne Martin that the compulsory acquisition notices issued by Premier Barnett’s government are unlawful and any decisions made since the notices to take the Land at James Price Point and extinguish Native Title there, are also unlawful.

“This decision is a step towards the protection of part of a song cycle of immense cultural importance.

“As a legal case, the Court decision is important for all people who own properties in WA.

“In a true sense, it is a Castle moment where the Court and the Law stand as the guarantee for the rights of ordinary people in the face of huge political power and economic resources,” said Andrew Chalk, lawyer for the plaintiffs.

All people who have Land taken by a Government, need security. The Court says whilst the Government does have the power to take these rights away, it can only do it on the terms laid down by the Parliament.

In the present case, the Government issued notices covering a larger area than that which was required. This is something the Court decided was not allowed. The Land Administration Act requires the Minister to issue a notice that contains a clear description of what they want.

Description of the land that is required and Notices in this case, didn’t comply with that requirement.

“All law is a technicality but it’s also the only guarantee of people’s rights.

“The agreement which was negotiated with Woodside was done entirely in the shadow of the threat of compulsory acquisition, Those voting on that matter were told that if they didn’t agree to the proposal the Government would take the Land anyway,

“There are world class values at this site that will be trampled on without due consideration.

Mr Chalk says the deal struck to surrender the Native Title is now ineffective in light of the decision “it’s now a paperweight in light of this decision.”

“It’s back to square one as far as obtaining the rights to James Price Point and beyond.

“The records from the 80s and 90s clearly show that much of the proposed gas precinct would need digging up and thus they would need to destroy a large part of the site in order to build their precinct. It’s massive. Kilometres long and wide.

Mr Chalk said the Senior Custodian for this area “ has never shifted his option on the importance of this area.”

“He has been consistent. It is a position he’s inherited from his grandfather Paddy Roe who was equally determined to protect the significant heritage. What’s rare here, is it’s all been documented by anthopologists and the Government but then ignored by the State Government.

“It’s an important judgement, good judgement important not just for aboriginal people but any property owner in west Australian. It means the state can’t take your land without telling you what it is they’re going to take.

Goolarabooloo traditional custodian, Joseph Roe in response to the decision said from Broome:

“This is an opportunity for the Government and the gas companies Shell, BHP, BP, Chevron and of course, Woodside – to reconsider where they process Browse Basin

“If this gas precinct goes ahead our cultural heritage will be destroyed .in fact anywhere along the coast here on the Dampier Peninsula.

“This is something that those with cultural responsibility have been telling the Government and Woodside since 2005. And, much longer than that. In the Courts before now..

“It’s a songline that connects the people to their Country.

“It carries the law.

“It carries their understanding of the Cosmos in the form of song and ceremony.

“And relates it to places all along that Coast.”

Andrew Chalk explained that “The critical heritage approvals have not been given and will be subject to further proceedings and the heritage that is most critical here is the song cycle but which has been ignored throughout the process to date.

“We have written on behalf of the senior custodian to Woodside providing clear details about the location of that site. The real question is why Woodside has not been provided with these details by the State Government and KLC who have known the location of the song cycle in that area for 20 years.

It is misleading because the most critical bit of information has not been disclosed to the Federal Government. By the State and the KLC – the bodies charged with advising the Commonwealth on the significance of the area (as part of that Strategic Assessment Process). The Federal Government has received the draft report from WA and invited comments.

Implicit in the Chief Justice’s judgement is that as much as politician and companies might like to take short cuts, they can’t, it’s unlawful.

It’s not for Native Title claim groups or companies or even the Government to put themselves outside the operation of the Aboriginal Heritage Act. Its purpose is to protect the sites wherever they are, whatever anyone says. If they are a site, they are protected.

As Goolarabooloo traditional custodian Joseph Roe has said earlier this year: “They have been asking the wrong people.”

]]> http://www.kimberleypage.com.au/2011/12/james-price-point-compulsory-acquisition-threat-declared-ulawful/feed/ 0 http://www.kimberleypage.com.au/2011/12/james-price-point-new-legal-challenge/ http://www.kimberleypage.com.au/2011/12/james-price-point-new-legal-challenge/#comments Mon, 05 Dec 2011 03:05:44 +0000 admin http://www.kimberleypage.com.au/?p=23330

Picture by Rod Hartvigsen

Lawyers for Goolaroobooloo traditional owners are mounting a new challenge to the proposed gas hub.

They said works would disturb an important men’s initiation site.

Sydney Morning Herald [read this story]

A new analysis says Woodside’s Browse Basin gas project would now be more profitable if the gas was piped to the Pilbara for processing.

The Australian [read this story]

(c) Martin Pritchard

Green groups say a proposed copper mine would ruin the Horizontal Waterfalls as a tourist attraction.

You can read a media release from Environs Kimberley here:

MEDIA RELEASE

FOR IMMEDIATE RELEASE

World-famous Horizontal Falls faces mining scrap heap

Thousands of tourists who flock to the Kimberley’s Horizontal Falls each year will be confronted by toxic mining pollution rather than a stunning coastal landscape if a proposed copper mine is given the go ahead, environment groups warned today.

Protesting outside the Annual General Meeting of Pegasus Metals at South Perth Golf Club today, environment groups launched a new campaign against the proposed copper mine at Horizontal waterfalls, which has been described by acclaimed naturalist Sir David Attenborough as ‘one of the greatest natural wonders of the world’.

The campaign is being backed by Environs Kimberley, Pew Environment Group Australia, the Conservation Council of Western Australia and The Wilderness Society.

Horizontal Falls appears on tourism promotion posters across Australia and overseas. Its’ name comes from the stunning horizontal waterfall effect created by massive 10-metre tides hurtling through two narrow coastal gorges.

Conservation Council of WA Director Piers Verstegen said “The multi-million dollar bounty that pours into the Kimberley’s economy from tourism at Horizontal Falls is under threat from a proposed copper mine that would destroy and pollute one of the world’s most spectacular natural heritage places.

“Despite the Premier’s public comments in August this year that the area should be protected, exploratory drilling is underway about four kilometres from the falls by Pegasus Metals. Such a mine would ruin the extremely high tourism value of the falls by destroying the wilderness experience and polluting the beautiful marine and coastal environments.”

WA Wilderness Society Coordinator Peter Robertson said Horizontal Falls did not need a copper mine to be a lasting economic asset to the local community and the region.

“Horizontal Falls is already a significant tourism asset for Western Australia, with millions of dollars coming in each year from visitors to the region.

“However, we recognise that Traditional Owners to date have not received their fair share from tourism at the Falls. There is a real need to share tourism profits through a levy imposed on tourists to the region, similar to that which applies on the Great Barrier Reef, and funding assistance to local indigenous tourism projects.

Environs Kimberley Director Martin Pritchard said it was also unclear why Horizontal Falls coastal area and the greater Buccaneer Archipelago generally were not included in any government plans for marine protection but instead were open for mining and exploration.

“There is no doubt that the Buccaneer Archipelago is one of the most spectacular coastlines in the world. The archipelago has more than 900 rocky islands with coral reefs, algal reef flats and shallow sandy banks — and acts as an important refuge for many wildlife species. Yet this stunning area has been omitted from the Premier’s marine park plans without any explanation.

Traditional Owner Phillip Roe with Federal Environment Minister Tony Burke - Photo: Rod Hartvigsen

Goolarabooloo traditional owners have objected to a call to vacate their protest camp, calling it “disrespectful” and “paternalistic”.

They were responding to reports by police and the Department of State Development that their camps would be dismantled because they are cyclone hazards.

You can read a media release here:

BROOME COMMUNITY NO GAS CAMPAIGN

Media Release

Traditional Owners tell State to ‘back-off’ from threat to forcibly remove them from their lands in the Kimberley

November 29th, 2011

Traditional Owners have hit back at WA’s Department of State Development and have said they are being disrespectful and paternalistic in their attempt to remove people from a traditional Aboriginal campground near James Price Point, Broome.

Traditional Owner and Goolarabooloo Law Boss Phillip Roe said: “The State needs to back off. This is like stepping back into the 19th century when people were forcibly removed from their land. We have a right under the UN Declaration on the Rights of Indigenous People, which Australia has signed, to carry out our cultural practices and protect our country.”

Today Gail McGowan from the DSD and Broome Police Superintendent Mick Sutherland threatened to shut down the

Walmadan campground as it may be dangerous during cyclone season, and that it is ‘illegal for people to live there”

The Walmadan campers have developed a cyclone plan with advice from FESA, including 3 evacuation options, and have downsized the camp significantly.

Walmadan is one of many ancient Aboriginal campsites along the Dampier Peninsula, and is an important site along the Lurujarri Heritage Trail, a reconciliation walk the Goolarabooloo community developed in conjunction with the WA Heritage Council in 1988. It is also the site of the Walmadan Tent Embassy. Phillip Roe, along with other family members, has invited people, many of whom support the Goolarabooloo/JabbirJabbir in their fight against the proposed Browse LNG precinct, to stay at the camp. “Over the past 25 years we have invited people to come and stay with us in our country and learn about our cultural heritage and practices” Phillip said.

Mr. Roe feels the DSD has displayed a lack of cultural respect by threatening to close the camps without properly discussing their issues with him and his community. ‘Our community, the Goolarabooloo, has survived cyclones for tens of thousands of years, and we are very confident we still can. Why are they making an uproar about this camp suddenly? It’s obviously a political move to shut down our community’s opposition to the Browse LNG Precinct”

The area to be explored includes 6,000 square kilometres in Halls Creek and Derby-West Kimberley shires.

ABC [read this story]

The ABC quotes the elders as saying they felt pressured to sign off on a mining agreement for a mine on a remote island that they did not understand.

ABC [read this story]

Upstream Online [read this story]

The company has been actively exploring for gas reserves which it intends to exploit using the controversial method called hydraulic fracturing, or “fracking”.