❓ Question regarding the Government's decision to offer options to lease land under section 79 of the Land Administration Act for a renewable energy, hydrogen, and ammonia project on Murchison House Station, and its potential impact on native title.
AnsweredQoN 63Legislative Council
QuestionView source ↗
I refer to the proposal to build a renewable energy, hydrogen and ammonia project on Murchison House Station near Kalbarri, and I ask: (a) why has the Government offered the proponent options to lease under section 79 of the Land Administration Act (LAA); (b) would a lease under section 79 of the LAA extinguish native title on the land covered by the lease; (c) why has the Government not offered the proponent leases under Part 6A of the Land Administration Act to provide a diversification lease; (d) would a lease under section 79 of the LAA extinguish native title on the land covered by the lease; (e) are the proposed leases offered by the Government to cover the entirety of Murchison House Station; (f) if yes to (e), why is the entire station covered; (g) is there an indigenous land use agreement in place between the proponent and the Government on Murchison House Station; (h) if no to (g), why not; (i) in reference to (g), would such an agreement necessitate the giving up of native title rights; (j) is the area of the proposed lease covered by any existing lease; (k) if yes to (j), what is the detail of the existing lease; (l) why has the Government not instructed the proponent to apply for a diversification lease under part 6A of the LAA; (m) why are the proponents not being asked to transmit the renewable energy generated to an industrial area or strategic industrial area before converting it into hydrogen or ammonia, which is the policy of the State Government; (n) will industrial processing be potentially available as a land use on other pastoral leases now the Government has opened the door for it at Murchison House Station; (o) has the Government now set a precedent on the approval of potential leases allowing industrial processing and manufacturing using section 79 of the LAA; and (p) if no to (o), why not?
AnswerView source ↗
Answered
20 May 2025
Responded by
Leader of the House representing the Minister for Planning and Lands
Response time
5 days
(a) The Department of Planning, Lands and Heritage (Department) is negotiating an Option to Lease (Option) under section 88 of the Land Administration Act 1997 with Murchison Hydrogen Renewables Py Ltd (MHR). MHR will have a period of five years to meet a number of conditions precedent which, if met, will secure land tenure for the project.
(b) Proponents of a lease under section 79 of the LAA are required to negotiate an indigenous land use agreement (ILUA). The ILUA will address whether native title is surrendered.
(c) Refer to (a).
(d) Refer to (b).
(e)-(f) The pastoral lessees have provided in-principle consent to the Department and MHR entering into negotiations for the grant of the Option over the whole of the pastoral lease.
(g)-(i) Refer to (b).
(j)-(k) Yes. Murchison House Pastoral Lease.
(l)–(m) The proponent is seeking this tenure. Tenure options are considered on a case-by-case basis. The proponent is responsible for obtaining all relevant approvals for the project.
(n)-(p) Land tenure is granted once all necessary regulatory approvals for the project are obtained, and assessed on a case-by-case basis.
(b) Proponents of a lease under section 79 of the LAA are required to negotiate an indigenous land use agreement (ILUA). The ILUA will address whether native title is surrendered.
(c) Refer to (a).
(d) Refer to (b).
(e)-(f) The pastoral lessees have provided in-principle consent to the Department and MHR entering into negotiations for the grant of the Option over the whole of the pastoral lease.
(g)-(i) Refer to (b).
(j)-(k) Yes. Murchison House Pastoral Lease.
(l)–(m) The proponent is seeking this tenure. Tenure options are considered on a case-by-case basis. The proponent is responsible for obtaining all relevant approvals for the project.
(n)-(p) Land tenure is granted once all necessary regulatory approvals for the project are obtained, and assessed on a case-by-case basis.
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