WOODSIDE’S LICENCE TO OCCUPY CROWN LAND IS ILLEGAL

The Licence to Occupy Crown Land (licence number 1606-2008-01) was granted on the 24th October 2009 in so called accordance with section 91 of the Land Administration Act 1997 for the purpose of site investigation activities associated with the establishment of the proposed Kimberly LNG gas precinct and associated facilities.



Apparently, this 91 Licence is currently the only document with any legislated base in which Woodside is allowed at all on Lot 259, Wattle Drive. However the following extracts from Freedom of Information (FOI) documents clearly outline how this Licence was granted. Relevant native title claimants have the rights to be notified , informed and provided informed consent before a licence of this nature is granted, however, the Goolarabooloo people were never notified and it is also brought to light in the FOI documents that KLC never granted them permission either. Because the KLC did not reply to correspondence it was interpreted as a no objections. However, this does not excuse DSD from not obtaining consent from the Goolarabooloo people. Interesting reading, please make the time to read.



Inevitably, because the State Government is ultimately the proponent for this proposed project, every state government department and many public servants involved in this proposed project have been compromised in upholding their statuary obligations or prescribed duties under various Acts.

Any complaints or enquires directed to any state government departments last year about all the illegal and destructive activities being undertaken by Woodside on Lot 259 were all systematically hand balled directly to the Department of State Development, where a no response was almost guaranteed.

Departments associated with this proposal: the Department of Water, the Department of Lands Administration, the Department of Indigenous Affairs, the Register for Indigenous Affairs, the State Police Force, the local Shire Council, Department of Environment and Conservation have over the past year failed in their statuary obligations to; enforcement, compliance, investigation, inspection, monitor, reporting findings, follow up investigations or complaints, understand the illegalities and implement penalties that should have be imposed. There is substantial evidence that Woodside had also seriously contravened this Licence and have breached several of the clauses within:

ADDITIONAL BREACHES TO THE LAND ADMINISTRATION ACT & APPLICANTS OWN ENVIRONMENTAL MANAGEMENT PLAN
The following clauses of the Licence have been breached by applicant (Woodside) over the last eight months;
4.1 COVENANTS WITH LICENSOR
The Licensee covenants with the Licensor that the Licensee and the Licensee’s Agents:
(a) Must not construct or erect or permit to be constructed or erected any permanent structure, improvement or fixture on the Licence Area.
In July 2011, Woodside commenced clearing activities in the Licence area and one of their first activities was the clearing of a 75m by 100m Lay Down Area (Industrial Area) that was originally enclosed by temporary fencing. However, in mid-October 2011, Woodside constructed a permanent fence. This involved the construction of many concrete footings for the fence poles. Photographs of the footings and fence can been provided on request. The installation of this fence was in direct breach of clause 4.1(a) of the Licence to Occupy and the Minister of Lands should have demanded its immediate removal once they were informed.
2.1 GRANT OF LICENCE
In consideration of the matters set out in this Licence and the payment of the Licence Fee by the Licensee to the Licensor, the Licensor hereby GRANTS to the Licensee a non-exclusive right for the term to enter upon and remain on and use the Licence Area, with such vehicles, machinery, plant or equipment as is reasonably necessary for the purpose of;
Site investigation activities associated with the establishment of the proposed Kimberly LNG gas precinct and associated facilities.
(the Permitted Use) in accordance with the terms and conditions set out in this Licence.
As stated in 2.1 of the Licence, Woodside has a non-exclusive right to occupy the Licence area. In the course of their site investigation activities, Woodside has created a grid network of tracks and drill pads within the licence area. There is a mapped historical track, known as the Biota track, which enters the licence area from the north east corner. Since July, Woodside has placed a locked gate across this track, where the Biota track intersects with their grid tracks. This has effectively blocked public access to the area and during the fires experienced in October 2011, cut off emergency fire escape routes.
Woodside also placed a locked gate at the entrance to the grid from Manari Rd and it has not been uncommon for Woodside to park a car across this entrance effectively blocking public access into the area. The community regularly accesses the area to monitor and audit the operations of Woodside / their contractors in addition to undertaking scientific research activities. Photographs of these locked gates are available on request.
These gates are in breach of clause 2.1 and the Broome Shire, Department of Land Administration all should have demanded their removal when informed of the situation. The presents of these locked gates are also an offence under the Land Administration (Land Management) Regulations 2006.
11. Protection of property
(1) A person must not, on regulated land, deface, damage or otherwise interfere with any-
(b) road, track or path, Unless the person is an authorised person acting in the course of the persons duties. Penalty: a fine of $1000.
19. General Behavior
(1) A person must not, on regulated land, use language or otherwise behave
in a Manner that-
(b) unreasonably interferes with the convenience, comfort or amenity of
any other
Person.
Penalty: a fine of $500.