A WA parliamentary question investigates potential breaches of the Aboriginal Heritage Act by the Kimberley Marine Support Base (KMSB) during works at the Port of Broome. The Minister's response indicates no drilling occurred on registered sites, but confirms Section 18 permits are required for ground disturbance and acknowledges KMSB's statement regarding permit requirements.

AnsweredQoN 1913Legislative Council
Asked
27 February 2024
Portfolio
Aboriginal Affairs

QuestionView source ↗

I
refer to the Kimberley Marine Support Base (KMSB) proposal at the Port of
Broome, and I ask: (a) has
KMSB undertaken drilling work in a registered Aboriginal heritage site; (b) if
yes to (a), when did the work begin and end; (c) if
yes to (a), in which site(s) was the work undertaken; (d) had
KMSB applied for a Section 18 permit under the Aboriginal Heritage Act prior to
commencing the work; (e) if
yes to (d), was a Section 18 permit granted; (f) are
companies conducting ground disturbing work in a registered Aboriginal heritage site required to apply for a Section 18 permit prior to commencing work; (g) is
there an investigation into the work undertaken by KMSB in the heritage site; (h) if
yes to (g), what is the investigation seeking to determine; (i) if
yes to (g), when is the investigation expected to conclude; (j) will
the Minister make any investigation outcome public; (k) if
no to (j), why not; (l) will
the company be prosecuted if they were undertaking ground disturbing works in a registered Aboriginal heritage site without a Section 18 permit; (m) if
no to (l), why not; and (n) in an article entitled 'Kimberley floating jetty halted due to concerns over Aboriginal Cultural Heritage site, FOI reveals', published in the Broome Advertiser on February 15 2024, the
company KMSB has been reported as saying “…there had been no requirement for a
Section 18 for all works completed to date”. Is this correct?

AnswerView source ↗

Answered
16 April 2024
Responded by
Leader of the House representing the Minister for Aboriginal Affairs
Response time
9 days
In answering this question, advice has been sought from the Minister for Ports and the answers provided reflect that advice and information provided by the Department of Planning, Lands and Heritage.
a)      No
b)-e)   Not applicable
f)       Yes
g)      No
h)-m)  Not applicable
n)   Yes

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