Friday, December 16, 2011

Wet season drilling worries green group - ABC Kimberley WA - Australian Broadcasting Corporation

Wet season drilling worries green group - ABC Kimberley WA - Australian Broadcasting Corporation: He says the proposal should be subject to public scrutiny.

"I'm hoping that these drilling proposals actually go to a public environmental review, so the public can actually get to have a look at what fluids are going to be used in the drilling in the Kimberley," he said.

"They'll get to look at the environmental management plan, so they can ascertain whether they believe Buru Energy is doing the right thing."

Aborigines block bid for gas refinery on 'Dreamtime' heritage site - Australasia - World - The Independent

Aborigines block bid for gas refinery on 'Dreamtime' heritage site - Australasia - World - The Independent: Joseph Roe, a member of the Goolarabooloo group, told ABC Radio that James Price Point was "a special place... for me and my people" because a songline – a track followed by ancestral spirits during the "Dreamtime""creation era – passed through it. Mr Roe said initiations of young men and other cultural ceremonies, known as "secret men's business", took place there.

Andrew Chalk, one of the lawyers involved in the case, claimed Woodside had known for years about the site's significance.

Broome Shire up to their neck in it at James Price Point.

All Planning and development applications, drilling permits and extensions approved and granted by the Broome Shire for Lot 259 for Woodside on behalf of the Minister of Lands or the Department of State Development are all illegal.

All the work that Woodside has undertaken over the last 12 months in Country is illegal. The shire had no jurisdiction to grant such approvals because Woodside are not the owners of the land in question. The compulsory acquisition process that was recently declared invalid means that the state is not the owner either
.
The approvals granted by the shire and the conditions placed on these original approvals granted have been either completely ignored or not implemented at all. Woodside has done everything but what they supposedly had approvals for.

Woodside can spend millions of dollars, carving up vast sways of land, clear hectares of native vegetation, establish toxic industrial lay down areas, erect permanent fencing, police locked illegal gates, establish a workers camp, site officers and install 50 bores without any appropriate and relevant Local Government Planning Approvals. The real dissolution for all their troubles will be a $500 fine and to add insult to injury they will then be issued with retrospective planning approvals.

Broome Shire and Woodside’s blatant ignorance and complete lack of respect for the Aboriginal Heritage Act or its legislation needs to be seriously questioned and passionately challenged at every opportunity. They will be held accountable.

All the planning controls for the site and the locality fall within the Shire of Broome Interim Development Order No 4. And according to this Order it states
4. Application for, and Grant of, Approval

(b) Application shall be made by or on behalf of the owner of the land and shall be accompanied by three copies of a plan or plans drawn to scale illustrating the proposed development and its location and indicating the type and construction or any buildings or works proposed.
So who is the owner of the land?

Given the fact that Lot 259 is unregulated Crown Land and the fact that either Woodside or the Minister of Lands is the owner of this land, how were any of these Shire planning approvals, drilling permits and extensions ever granted? There is still the matter of a registered native title claim over the land in question.

Who owns the land?
Given the decision handed down by the Supreme Court last week in regards to the Compulsory Acquisition Notices this question seems even more pertinent.

According to the Shire of Broome Interim Development Order NO 4
Where conditional approval to the carrying out of development is given under paragraph 4 of this Order states that no person shall commence, carry out, or complete that development otherwise than in accordance with the condition or conditions upon which the approval is given …….
Planning Approval issued by the Broome Shire on the 30th September 2010 to Woodside clearly stated that the proposal will obtain all the necessary approvals and clearance from all necessary Government Departments.

Every one of the Planning Approvals, Permits and Extensions issued to Woodside on behalf of the WA Department of State Development, by the Broome Shire had very clear Conditions placed on them in regards to the Aboriginal Heritage Act.

In November 2010 Woodside wrote to CEO of the Broome Shire seeking permission to undertake geophysical survey on Manari Road. In this correspondence Woodside clearly stated that they are aware that this survey fell within areas covered by the Aboriginal Heritage Sites Register and that they would consult with DIA.

In a Broome Shire Media release on Dec 7th 2010 it stated that Woodside is to obtain all Aboriginal Cultural Heritage Approvals prior to work being undertaken.

In January of 2011, Woodside sought an extension to this original geotechnical approval from the Shire which was also granted with the Condition 17, which stated Woodside are to obtain all necessary Aboriginal Cultural Heritage approvals prior to the work being undertaken.
Therefore, neither Woodside nor the Minister of Lands applied for, or to this date, been granted a Section 16, 17 & 18 of the Aboriginal Heritage Act to undertake these investigations and works. So what does the Broome shire intend to do about this?

Joseph Roe is the one and only registered Principle Informant with the Register for Aboriginal Heritage for the area concerned and has never been consulted about these works.
The Broome Shire Council has worked closely with the Goolarabooloo people for years and was one of many government agencies who sponsored the posting of signs throughout Country. These signs show the Songline in map form, with places named in proper language and even the stories of the dreaming are inscribed.

They were established in order to educate people about the presence of a highly significant and numerous Cultural Heritage Sites that stretch the entire length of the western side of the Damiper Peninsula and is commonly known as the Lurrujarri Song Cycle.

The Broome Shire logo is on every one of those signs, proudly sponsored by. How can the Shire now abandon this amazing living Songline and our precious cultural heritage and deny it now in the face of this great destructive adversity.

Out of respect why didn’t the Shire ensure or investigate when advised months ago that Woodside did not have the necessary and appropriate approvals under the Aboriginal Heritage Act.
And according to The Shire of Broome Interim Development Order NO 4
(b) Development to be carried out in accordance with approval plans
Where, pursuant to the provisions of the Order, plans indicating the form which development and other works shall take is approved by the Council, no development or other works shall be carried out otherwise than in strict accordance with the approved plans.

So like many other government agencies, who have been severely compromised and waived their legislated obligations during the whole corrupted process of getting Woodside into Country regardless of the rules and regulations, many court challenges are definitely on the drawing board for the coming new year. Many will be called to account and will be held accountable.
They will never return to Country.

Thursday, December 15, 2011

http://www.sbs.com.au/news/radio/episode/195209/
Andrew Chalk, one of the lawyers for the Goolarabooloo people, on SBS News talking about what is yet to come.
http://www.sbs.com.au/news/radio/episode/195209/...www.sbs.com.au

Wednesday, December 14, 2011

Third parties may get a say to stop warehousing of offshore oil discoveries | The Australian

Third parties may get a say to stop warehousing of offshore oil discoveries | The Australian: This is designed to stop companies sitting on reserves while they develop other fields, in Australia or overseas.

Under the plans, the outcome after the government decided a project was economic, with the help of other interested parties, would be the same as it is now.

That is, the licence holder would get the chance to develop it now but if it declined, the licence would be forfeited and a production licence offered for sale by tender. The timing of the white paper and any new rules mean it is unlikely to have ramifications where the issue of "commerciality" could next arise; the assessment of Woodside's $30 billion-plus Browse LNG project planned for James Price Point, 60km north of Broome.

Woodside, which appears to be less enamoured in building at James Price Point under new chief executive Peter Coleman, has been told by the federal and West Australian governments that it needs to evaluate whether it is commercial to develop the Browse project there by the middle of next year.

Yesterday, Resources Minister Martin Ferguson said the government's position in relation to whether the project would be viable would be based on departmental analysis.

Tuesday, December 13, 2011

Fling Open The Doors & Let The Truth Come in, for James Price Point

The latest weekly update from the darkside (attached) gives more cause for celebration, as do reports from Walmadan and Manari Road: "Geotechnical operations have ceased and crews are demobilising. Equipment is being removed and the site is being made safe for anticipated rain and high winds."

EK points out, interesting that this is happening before the geotechnical surveys have been completed. Even more delays - well done Protectors!

http://www.broome.wa.gov.au/council/pdf/agenda/2011/20111214.pdf
9.4.8 REPORT RELATING TO THE STATUS OF COMPLIANCE BY WOODSIDE ON LOT 259,
JAMES PRICE POINT, DAMPIER PENINSULA

This item will be discussion in section 14, Matters Behind Closed Doors.
Saturday's rally and celebration should have made it clear to the Shire that this is an issue of great interest and concern to the community. If the Shire is serious about it's "Priority Statement" that

“ Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council's decision making thereby fostering ownership of strategies and initiatives"

Given the fact that it was members of the Broome Community who first drew the Shire's attention to all of the illegal activities undertaken by Woodside and non compliance with Planning Approvals, activities that Woodside has carried out in Country without the appropriate planning approvals. It is only right that these complaints are aired in open public discussion.

It was the Kimberley Protectors and the Walmadan Camp residents who had gathered all the evidence. They have been monitoring and recording Woodside's daily illegal activities for months and raised the issue of the tower being used for communications and not just for weather research, as their Shire Approval states.

It was the Broome community who covered the costs for all the aerial evidence. Woodside and the Shire have to answer to the community. How is it possible for a Shire Planning Approval to have three, not two but three conflicting dates on a Planning Approval?

Anyway, after lots of complaints to the Shire today by concerned residents the Shire has now put the details of the confidential matter on Woodside on the Shire web apart from the legal advice they've received. However, they are still planning to discuss the matter behind closed doors. This is just not good enough and the Broome Community NO GAS will be attending in numbers to put the heat on the Shire and Woodside tomorrow at 5pm.

Broome gas processing hub - Law Report - ABC Radio National (Australian Broadcasting Corporation)

Broome gas processing hub - Law Report - ABC Radio National (Australian Broadcasting Corporation): The latest in the ongoing dispute over a proposed 35 billion dollar gas processing hub in Broome.

Last week, the WA Supreme Court ruled that - Compulsory Land Acquisition notices issued by the WA government are invalid.

Is the decision a fundamental game changer or a temporary set back?

An attempt to lure a Woodside project to Darwin - ABC News (Australian Broadcasting Corporation)

An attempt to lure a Woodside project to Darwin - ABC News (Australian Broadcasting Corporation): Could the Northern Territory poach another multi-billion dollar gas project from Western Australia?

If the Territory's Chief Minister has his way, it could.

Late last week, Paul Henderson announced he had been in talks with the oil and gas company Woodside about basing its proposed $30 billion liquefied natural gas hub in Darwin.

Woodside's plans for its hub have been based at James Price Point, north of Broome in the State Government LNG precinct but there has been a setback after a recent court decision.

Sunday, December 11, 2011

Protestors vow to continue gas hub fight - The West Australian


Protestors vow to continue gas hub fight - The West Australian: Traditional owner Neil McKenzie also took to the stage, commending people for their actions against the State Government, and making biblical comparisons of their fight to the battle of Jericho. "We need to keep fighting," he said. "This is the first stone we've cast out across the lake and we need to continue until we get to the other side."

Broome no gas Rally Dec 2011-Mobile.m4v - YouTube


Interestingly, there was no TV coverage of the Broome Community NO GAS Rally yesterday. When the police apparently acting on orders from above (state government) came in unbelievable force to traumatised and collapse a blockade that was put in place to stop the criminal and unlawful destruction of our cultural heritage cameras were everywhere.

Media loved the violence and the trauma inflicted on us. The State Government loved it because it sent a message to everyone in the state and if you question, blockage or attempt to stop a corporation like Woodside in the quest of greed, you will be put down.

Why didn’t the media want a feel good story about a community celebrating its tenacity?

Saturday, December 10, 2011

WE WILL NEVER SURRENDER JAMES PRICE POINT


"In the face of the powerful forces arraigned against us, our communities have successfully exposed the many environmental, social and economic flaws in this project, and delayed it, to the point where it is now widely reported as a project in deep trouble.

Today we celebrate our remarkable courage and resilience in the face of unrelenting pressure from the WA government, police, Woodside personel and some sections of the media. A celebration of all we love and respect about Broome and its surrounds, of community and a of a year of wonderful action and great achievements.

Meet at 3.30pm at Male Oval Chinatown for a walk to Town Beach at 4.15pm.
We have limited supplies of bottled water. Please make sure you bring some of your own.



Setting up for the Adelaide event in solidarity with the people of Broome.

Compensation deal with Traditional Owners over gas hub may not hold: Former Judge

Compensation deal with Traditional Owners over gas hub may not hold: Former Judge
But Mr Wilcox says there's a strong legal argument that the state's agreement with Traditional Owners is now invalid.

"In order to enter into an agreement, agreeing to surrender the native title which is what the meeting (of traditional owners) agreed to, there needs to be an intention to take the land," he said.

"So if the notices are held to be invalid, the argument would be that the process has to start again.

"That means there would have to be a fresh meeting and a fresh agreement."

Friday, December 9, 2011

Unlawful FMG heritage dealing & massive sites damage at Solomon Project | Yindjibarndi Aboriginal Corporation

Unlawful FMG heritage dealing & massive sites damage at Solomon Project | Yindjibarndi Aboriginal Corporation

Moving right along: what powers do police have to 'move-on' protestors?


Moving right along: what powers do police have to 'move-on' protestors?: When police removed a young woman’s “tent dress” this week at the Occupy Melbourne encampment, it was yet another controversial interaction between protesters and authorities.

As shown in the Occupy movement, the increasing regulation of public spaces through intensive policing is a global phenomenon. Governments across Australia are introducing increasingly strident laws to police public spaces.

However, the evidence shows that these powers do not reduce crimes, they are exercised in a discriminatory way against young people, racial minorities and people experiencing homelessness, and they breach the norms and standards of international human rights laws.

"Legal battle not over" - ABC Kimberley WA - Australian Broadcasting Corporation

"Legal battle not over" - ABC Kimberley WA - Australian Broadcasting Corporation

A retired Federal Court judge has warned the State Government can expect to find itself in court again over the proposed Kimberley gas hub.

Murray Wilcox QC, who handed down the Noongar native title ruling over Perth in 2006, was commenting on this week's Supreme Court decision which found that the Government's notices of intention to acquire land for the project were invalid.

A Woodside spokeswoman said yesterday's the court ruling was a matter for the state and would not delay the project.

''The provision of the land for the Browse LNG precinct is a matter for the state,'' she said. ''We don't believe that this result will impact on the project schedule.''

However, Michael Orlov, a lawyer for the Goolarabooloo people's representative Phillip James Roe, said Woodside faced delays.

''The minister wanted to be in a position to assure Woodside that they would have security of tenure by the end of this year, so Woodside can make an investment decision next year,'' Mr Orlov said.

''That's not possible at this stage.''

Mr Orlov said it would take Lands Minister Brendon Grylls about 12 months to submit fresh notices of intent to take land in the area.

In the meantime, proceedings to declare a songline area at the site under the Aboriginal Heritage Act was set to start as early as next week, Mr Orlov said.

Mr Orlov said the proceedings could halt the Browse development.

''Any ground-disturbing work in the area should have been approved by the minister under the Heritage Act,'' he said. ''It hasn't been, so until that approval is obtained, it may well have an impact [on the development].''

Thursday, December 8, 2011

Delays cast doubt on Woodside's Browse plant | The Australian

Delays cast doubt on Woodside's Browse plant | The Australian
THERE are growing signs of delays at Woodside Petroleum's planned Browse LNG export plant, with development of a Broome construction camp and a $100 million road from the tourist hotspot to the proposed plant pushed back.

The delays come amid increasing speculation that Woodside's appetite for the Kimberley region gas plant is dwindling.

Wednesday, December 7, 2011

Divide over Woodside gas hub decision not so black and white | The Australian

Divide over Woodside gas hub decision not so black and white | The Australian
MERVYN Maher and Phillip Roe are both Aboriginal men from the northwest, yet the difference in their opinions on whether Woodside's $30 billion gas hub north of Broome should go ahead is as wide as a Kimberley sky.

As Goolarabooloo man Mr Roe returned to a hero's welcome last night after the West Australian Supreme Court declared invalid the land acquisition process underpinning the massive project, Mr Maher, 43, a Jabbir-Jabbir man who works for the Kimberley Land Council, said he hoped the decision would not jeopardise opportunities for his people.

Gloucester landowners blockade AGL coal seam gas project | Rooted

Gloucester landowners blockade AGL coal seam gas project | Rooted: The residents of this idyllic valley are facing the same questions facing so many other communities that are on the frontline of the fossil fuel boom – “How can we stop our most beautiful and productive farmlands becoming an industrial wasteland at the hands of the mining industry?”
The residents of this idyllic valley are facing the same questions facing so many other communities that are on the frontline of the fossil fuel boom – “How can we stop our most beautiful and productive farmlands becoming an industrial wasteland at the hands of the mining industry?”

Woodside not bothered by Kimberly land ruling | Browse

Woodside not bothered by Kimberly land ruling | Browse: Mr Roe's lawyer Michael Orlov said there would be proceedings, probably next week, to declare the songline area an Aboriginal site under the Aboriginal Heritage Act.

He said the area where the project was being developed was an Aboriginal site and should have been approved by the minister under the Heritage Act.

Mr Orlov said because the approval was not obtained, it could halt the development for around 12 months.

"The immediate practical effect of this judgment is the Browse project agreement, which depended on the validity of these notices, is invalid and has no effect," he said.

"The minister can commence again but it is a long process and we'll have to see what he does."

Decision may give Woodside excuse to ditch plan

PUBLISHED: 15 HOURS 50 MINUTES AGO | UPDATE: 13 HOURS 11 MINUTES AGO

http://afr.com/p/business/companies/decision_may_give_woodside_excuse_OfBdzyMxz9KivDZyvlCPjNprint-font+font

The vision of an LNG export hub on the Kimberley coast, held dear by former Woodside boss Don Voelte and WA Premier Colin Barnett, is looking as if it might remain just that, a vision.