Home›Questions on Notice›QoN 1398

❓ Question on Notice regarding a briefing note concerning FMG's Section 18 application under the Aboriginal Heritage Act 1972 and the Minister's decision-making process. The Minister declined to answer substantive questions due to ongoing court proceedings.

AnsweredQoN 1398Legislative Council

Asked

12 June 2018

Member

Hon Robin Chapple

Portfolio

Aboriginal Affairs

QuestionView source ↗

(1) I refer to a briefing note to the Minister of Aboriginal Affairs from the Department of Planning, Lands and Heritage, dated 27 September 2017, regarding the recommendations for Fortescue Metal Group's (FMG) section 18 notice under the Aboriginal Heritage Act 1972 seeking to destroy Aboriginal heritage sites inside the Spear Hill Area, and I ask: (a) is the Minister satisfied that the advice he received in the briefing note and attachment one represents an unbiased summary of the relevant issues and points of dispute: (i) if yes to (a), why; (ii) if no to (a), did the Minister request more information: (A) if no to (a)(i), why not; and (B) if yes to (a)(i), what information was requested, was the Minister provided with it and will the Minister table it; (iii) if no to (a), will the Minister initiate an inquiry into why bias was represented in a government briefing note: (A) if no to (a)(iii), why not, given the apparent maladministration; and (B) if yes to (a)(iii), when will this occur, if it has not already; (b) in the briefing note and attachment one of the document, why did the department not include any of the points raised in the 41 page submission from the Wintawari Guruma Aboriginal Corporation; (c) is the Minister confident that he had all the information available when he granted FMG approval for their Solomon Phase 6 expansion under section 18 of the Aboriginal Heritage Act 1972 : (i) if yes to (c), why; and (ii) if no to (c), why did the Minister grant consent under section 18 of the Aboriginal Heritage Act 1972 ; and (d) does the Minister have confidence in the Registrar of Aboriginal Sites? (2) Will the Minister confirm how long the Aboriginal Heritage Act 1972 section 18 process takes?

AnswerView source ↗

Answered

21 August 2018

Responded by

Minister for Environment representing the Minister for Aboriginal Affairs

Response time

9 days

(1) As the issues set out in the Honourable Member’s questions relate to active proceedings before the Supreme Court, in accordance with longstanding principles governing Ministerial responsibilities and the principle of sub judice that applies to matters currently before the Court, it would not be appropriate to answer.
(2) The timeframe for section 18 notices can vary depending on the complexity of the consultation process and the issues involved.

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