While Wayne Bergmann stoops to new levels by accusing the Broome Community No Gas Campaigners of untruthful acts of vandalism in his effort to desperately try to cover the eyes of the reality, on the ground.
The facts of the issue are:
Woodside were granted a Licence (1606-2008-01 to Occupy Crown Land, in Accordance with Section 91 of the Land Administration Act 1997 by the Department of Lands Administration. However, one of the conditions of this licence was that the Licensee (Woodside) must comply with Laws and Orders
2.3 (a) The Licensee shall punctually comply with and observe, at the expense of the Licensee, all laws and all lawful orders and requirements of any statutory, public or other government Agency which relates to the Licence Area or any part of it, or the use or occupancy of the Licence Area, and with all lawful notices received either by the Licensor or the Licensee from any such Government Agency.
In addition to this Section 91 Licence.
Permit 483 was issued by the Department of Indigenous Affairs, under Section 16 of the Aboriginal Heritage Act 1972 to Eureka Archaeological Search and Consulting to under take site investigations, effective from dated 8th April – 7 April 2014.
Excavation of Aboriginal sites clearly states:
(1) Subject to section 18, the right to excavate or to remove any thing from an Aboriginal site is reserved to the Registrar.
(2) The Registrar, on the advice of the Committee, may authorise the entry upon and excavation of an Aboriginal site and the examination or removal of any thing on or under the site in such manner and subject to such conditions as the Committee may advise.
The conditions of the Permit Holder was to adhere to the provisions of the Aboriginal Heritage Act 1972 and its Regulations and one of the Particular Conditions wa:
- That Mr Joseph Roe is consulted regarding the proposed activities authorised under this Permit and afforded opportunity to participate in the conduct of these activities.
On Monday, DIA admitted that Woodside and its contractors do not have a Section 18 of the Aboriginal Heritage Act Permits. The fact that the particular conditions placed on the permit 483 was not implemented or upheld in regards to Joseph Roe being consulted, constituted a very serious breach of the Permit.
A breach of these conditions will result in forfeiture of the permit and may jeopardize considerations of future applications. Therefore, the Goolarabooloo are seeking that this Permit 483 be immediately forfeiture.
Because of these serious breaches of the Aboriginal Heritage Act, the Section 91 Permit should be withdrawn by the Minster for Lands Brendan Grylls instantaneously.
Joseph Roe is the registered Principle Informant with the Department of Indigenous Affairs Registrar and is completely in his rights to seek a cease to work order from DIA.
Meanwhile, all the other Contractors employed by Woodside and individuals involved in the desecration and damage to registered Heritage Sites in Country for the last 2 months will all be investigated and prosecution will be likely.