Question on Notice regarding Woodside's activities at James Price Point and potential damage to Aboriginal sites, with the Department of Indigenous Affairs (DIA) investigating compliance and alleged damage.

AnsweredQoN 5110Legislative Council
Asked
6 March 2012
Portfolio
Indigenous Affairs

QuestionView source ↗

With regard to Woodside’s ground breaking work at James Price Point and the risk of damage to registered Aboriginal sites, I ask -
(1) Has the Department of Indigenous Affairs (DIA) investigated whether Woodside has undertaken drilling within the Walmadan registered site (DIA site 13076), between 21 July 2011 to 26 July 2011, or any other period?
(2) If yes to (1), what was the outcome of the investigation?
(3) If no to (1), will the DIA investigate this?
(4) If no to (3), why not?
(5) Has the DIA investigated whether Woodside has undertaken drilling or clearing work within any registered, unregistered or protected Aboriginal sites at James Price Point since 11 July 2011?
(6) If yes to (5), what was the outcome of this investigation?
(7) If yes to (1) or (5), under what authority did any damage to Aboriginal sites proceed?
(8) If no to (5), why not?
(9) Has the DIA investigated whether conditions imposed on the s16 provided for James Price Point been complied with?
(10) If yes to (9), what is the outcome of this investigation?
(11) If no to (9), why not?
(12) If no to (9), will the DIA investigate whether conditions of the s16 approval have been complied with, including the condition to consult with Mr Joseph Roe?
(13) If no to (12), why not?
(14) What action, if any, is the DIA taking to protect registered Aboriginal sites at James Price Point?
(15) Is the DIA responsible for investigating and prosecuting offences under the
Aboriginal Heritage Act 1972
?
(16) If no to (15), who is the prosecuting authority?
(17) Is it departmental policy to prosecute if there are reasonable prospects of a conviction for unauthorised destruction of a registered Aboriginal site?
(18) Under what circumstances would the DIA prosecute?

AnswerView source ↗

Answered
2 May 2012
Responded by
Minister for Indigenous Affairs
Response time
57 days
(1) Yes
(2) Yet to be completed.
(3) Not applicable.
(4) Not applicable.
(5) Yes
(6) Yet to be completed.
(7) Not applicable.
(8) Not applicable.
(9) Yes
(10) DIA was satisfied that the conditions were complied with.
(11) Not applicable.
(12) Not applicable.
(13) Not applicable.
(14) The DIA is investigating whether there has been any damage to sites at James Price Point. This has included conducting interviews and visiting the sites.
(15) DIA investigates allegations of offences under the AHA.
(16) The State of WA through the Minister for Indigenous Affairs.
(17) The Minister, based on advice from the State Solicitor, makes the decision on whether there is sufficient evidence to prosecute.
(18) See (17).
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