A WA parliamentary question probes the Department of Indigenous Affairs' (DIA) oversight of Buru Energy's compliance with the Aboriginal Heritage Act 1972 during its Canning Superbasin exploration program. The DIA's response indicates limited direct involvement due to Buru not seeking advice and no reported site damage.

AnsweredQoN 5153Legislative Council
Asked
6 March 2012
Portfolio
Indigenous Affairs

QuestionView source ↗

I refer to the Buru Energy Limited (Buru) Canning Superbasin exploration program and their operations at Ungani, Valhalla and Yulleroo, and ask -
(1) With respect to the above, what role does the Western Australian Department of Indigenous Affairs (DIA) take in ensuring that all processes required under the
Aboriginal Heritage Act 1972
(AHA) are complied with?
(2) Was Buru advised that there needed to be a review of site data held by the DIA to ensure no historic Indigenous registered sites were at the locations of Ungani, Valhalla and Yulleroo?
(3) If yes to (2), did this occur?
(4) If no to (2), why not or is it not the role of DIA to advise proponents of their responsibilities?
(5) Was Buru advised by the DIA that there needed to be Indigenous site clearances at the locations of Ungani, Valhalla and Yulleroo?
(6) If yes to (5), were site clearances carried out?
(7) If no to (5), why not or is it not the role of DIA to advise proponents of their responsibilities?
(8) If yes to (6), when were these site clearances carried out and were applications to disturb required under the AHA?
(9) Is the DIA aware if a review of site data held by the DIA was carried out by Buru?
(10) If yes to (9), on what date?
(11) Is the DIA aware if site clearances were carried out by Buru at the Ungani, Valhalla and Yulleroo drilling, laydown, accommodation and access roadway locations?
(12) If yes to (11), when did these occur?
(13) As Buru now enters their development stage (ASX announcement 14 December 2012) will they be required to carry out heritage surveys, of the areas of impact, under the AHA?
(14) If no to (13), why not?

AnswerView source ↗

Answered
2 May 2012
Responded by
Minister for Indigenous Affairs
Response time
57 days
(1) The Department of Indigenous Affairs (DIA) has a role in advising stakeholders of obligations and procedures relating to the Aboriginal Heritage Act 1972 (AHA), and investigating allegations of damage to sites and compliance matters.
(2) No
(3) Not applicable.
(4) The DIA provides advice to Landowners, or other stakeholders such as companies or government agencies, in relation to development proposals. Buru has not approached the DIA seeking advice for their operations at Ungani, Valhalla and Yulleroo. Neither has the DIA received any report of damage to sites in these areas.
(5) No
(6) Not applicable.
(7) See question (4).
(8) Not applicable.
(9) No
(10) Not applicable.
(11) No
(12) Not applicable.
(13 - 14)
There is no requirement in the AHA that surveys be undertaken. A Landowner requiring to use land where a site might exist can apply to the Minister for Indigenous Affairs for consent under section 18. The usual methods employed by Landowners to determine the risk of damage to an Aboriginal site is to investigate the Register of Aboriginal places and objects and to undertake heritage surveys.
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