❓ Jon Ford questions the Premier regarding the Buru Energy Ltd state agreement and the government's engagement with the Kimberley Land Council (KLC) concerning native title and cultural heritage impacts. The Premier's response indicates no direct engagement by the state with the KLC, placing the onus of Native Title Act compliance on the companies involved.
AnsweredQoN 1026Legislative Council
QuestionView source ↗
BURU
ENERGY LTD — STATE AGREEMENT
1026. Hon JON FORD to the Leader of the House representing
the Premier:
This is perhaps the longest question I have ever asked in
this place, and given that it is my second-last question, please be gentle with
me, Mr President!
The PRESIDENT : We will bear with you!
Hon Ken Travers : And you don't get any more next
year!
Hon JON FORD : Yes.
I refer to the state agreement that
has been entered into between the government and Buru Energy Ltd and Mitsubishi
Corporation, or their subsidiaries or related bodies corporate, defined herein
together as Buru, in relation to the development of oil and gas reserves in the
Canning Basin.
(1) Did the
state or the Department of State Development or any other government department
engage with the Kimberley Land Council or have any consultation or negotiation
with the KLC or Kimberley Aboriginal people in relation to the state agreement?
(2) If the answer to (1) is no, why not?
(3) If the answer to (1) is yes, what are the details of that
engagement?
(4) Does the
state intend to engage with the KLC in relation to Indigenous, native title and
cultural heritage impacts in the Kimberley arising out of the Buru proposal to
engage in hydraulic fracturing, pipelines, liquefied natural gas development,
or activities or tenure provided under the state agreement?
(5) Is the
state agreement subject to Buru reaching a native title agreement with the
relevant native title claimants; and, if not, why not?
(6) Does the
state agreement provide any comfort of tenure for Buru; and, if so, what are
the native title impacts of the state agreement?
(7) If there
is an impact on native title, what liability for compensation is the state
likely to incur as a result of any failure to comply with the Native Title Act?
(8) If there
has been a breach of the Native Title Act and/or a failure to properly engage
with the KLC or Kimberley Aboriginal people, what delays is this likely to
cause in the development of oil and gas resources in the Canning Basin?
ENERGY LTD — STATE AGREEMENT
1026. Hon JON FORD to the Leader of the House representing
the Premier:
This is perhaps the longest question I have ever asked in
this place, and given that it is my second-last question, please be gentle with
me, Mr President!
The PRESIDENT : We will bear with you!
Hon Ken Travers : And you don't get any more next
year!
Hon JON FORD : Yes.
I refer to the state agreement that
has been entered into between the government and Buru Energy Ltd and Mitsubishi
Corporation, or their subsidiaries or related bodies corporate, defined herein
together as Buru, in relation to the development of oil and gas reserves in the
Canning Basin.
(1) Did the
state or the Department of State Development or any other government department
engage with the Kimberley Land Council or have any consultation or negotiation
with the KLC or Kimberley Aboriginal people in relation to the state agreement?
(2) If the answer to (1) is no, why not?
(3) If the answer to (1) is yes, what are the details of that
engagement?
(4) Does the
state intend to engage with the KLC in relation to Indigenous, native title and
cultural heritage impacts in the Kimberley arising out of the Buru proposal to
engage in hydraulic fracturing, pipelines, liquefied natural gas development,
or activities or tenure provided under the state agreement?
(5) Is the
state agreement subject to Buru reaching a native title agreement with the
relevant native title claimants; and, if not, why not?
(6) Does the
state agreement provide any comfort of tenure for Buru; and, if so, what are
the native title impacts of the state agreement?
(7) If there
is an impact on native title, what liability for compensation is the state
likely to incur as a result of any failure to comply with the Native Title Act?
(8) If there
has been a breach of the Native Title Act and/or a failure to properly engage
with the KLC or Kimberley Aboriginal people, what delays is this likely to
cause in the development of oil and gas resources in the Canning Basin?
AnswerView source ↗
I thank the member for some notice of the very lengthy
question. The answer is not as long as the question!
(1) No.
(2) Like any state agreement, the agreement is between the
government and the companies concerned.
(3) Not applicable.
(4)–(8)
No state legislation can override the Native Title Act 1993. The companies must
comply with the provisions of the act. The state agreement does not affect this
obligation.
question. The answer is not as long as the question!
(1) No.
(2) Like any state agreement, the agreement is between the
government and the companies concerned.
(3) Not applicable.
(4)–(8)
No state legislation can override the Native Title Act 1993. The companies must
comply with the provisions of the act. The state agreement does not affect this
obligation.
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