A WA parliamentary question addresses the status of the Varanus Island gas explosion inquiry, the timeline for public release of the report, and measures to prevent future impediments to government investigations by project operators. The Minister's response details legal challenges delaying the report's release.

AnsweredQoN 1072Legislative Council
Asked
10 November 2009
Portfolio
Mines and Petroleum

QuestionView source ↗

VARANUS ISLAND GAS EXPLOSION — INQUIRY REPORT
I refer the minister to the Varanus Island gas explosion. (1) What is the current status of the inquiry into the explosion? (2) When is it likely that the report’s findings and observations will be made public? (3) What action can be taken to ensure full and open public disclosure of government investigations into these types of incidents are not impeded by project operators in the future? Hon NORMAN MOORE

AnswerView source ↗

I thank the member for some notice of this question. (1) The state investigation into the Varanus Island explosion has been completed and a report produced. (2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
(1) What is the current status of the inquiry into the explosion? (2) When is it likely that the report’s findings and observations will be made public? (3) What action can be taken to ensure full and open public disclosure of government investigations into these types of incidents are not impeded by project operators in the future? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) The state investigation into the Varanus Island explosion has been completed and a report produced. (2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
(2) When is it likely that the report’s findings and observations will be made public? (3) What action can be taken to ensure full and open public disclosure of government investigations into these types of incidents are not impeded by project operators in the future? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) The state investigation into the Varanus Island explosion has been completed and a report produced. (2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
(3) What action can be taken to ensure full and open public disclosure of government investigations into these types of incidents are not impeded by project operators in the future? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) The state investigation into the Varanus Island explosion has been completed and a report produced. (2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) The state investigation into the Varanus Island explosion has been completed and a report produced. (2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
I thank the member for some notice of this question. (1) The state investigation into the Varanus Island explosion has been completed and a report produced. (2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
(1) The state investigation into the Varanus Island explosion has been completed and a report produced. (2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
(2) Apache Northwest Pty Ltd and Apache Energy Pty Ltd took legal action against the authors of the report and the Minister for Mines and Petroleum to prevent the minister’s access to the report. The Minister for Mines and Petroleum was successful in resisting this application in the Supreme Court of Western Australia, after which the Apache companies immediately appealed to the Court of Appeal of the Supreme Court of Western Australia. That appeal has now been heard and the minister is currently awaiting the decision of the Court of Appeal. A legal injunction is in place preventing a copy of the report from being provided to the minister until the decision of the Court of Appeal. When the minister is legally permitted access to the report, he will consider its contents then make a decision as to what further action he will take in relation to the report. (3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.
(3) On receipt of the report the minister will consider any recommended changes to the regulatory regime to achieve world’s best practice in investigating and reporting on incidents of this type.

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