Sky News: Second challenge to Woodside survey

Sky News: Second challenge to Woodside survey:
'Just a week before the WA Court of Appeal was due to hear Richard Hunter's challenge to Woodside's works on James Price Point, the minister for planning amended the local planning instrument to authorise Woodside to carry on works even if its planning approval is invalid,' the EDO said in a statement.

photo by Damian Kelly. Richard Hunter begun walking the 8-day Lurujarri Trail for 2012 on Saturday. The trail follows the Songline along the coastline, traveling north from Broome. This year there are with over 80 traveling guests from over seas and students from Melbourne and dozens of family members.

"Mr Hunter has hit back with another Supreme Court challenge alleging the changes to the local planning law are invalid because the minister for planning acted for the improper purpose of altering the outcome of (Mr Hunter's) existing court case which was commenced on May 28."

Kimberley Page :: News and Information from Western Australia's Kimberley Region, Kunnunurra news, Fitzroy Crossing News, Broome News, Derby News, Halls Creek News

Kimberley Page :: News and Information from Western Australia's Kimberley Region, Kunnunurra news, Fitzroy Crossing News, Broome News, Derby News, Halls Creek News:

Shadow environment minister Sally Talbot has called on the premier to sack his environment minister.

She said Environment Minister Bill Marmion refused to answer her question about the legality of the EPA producing a report on the gas hub when it could not reach a quorum to hold a meeting.

Ms Talbot said the quorum for Environmental Protection Authority meetings was three, yet four of the group’s five members were unable to participate in the report due to conflicts of interest.


2012-06-27 QWON Sally Talbot EPA Board & JPP



Friday, 29 June 2012

EPA changes flagged after Browse delay - The West Australian

EPA changes flagged after Browse delay - The West Australian:

Woodside's Grid site at James Price Point today, equipment is owned and operated by Roadline,

This photo taken on Sunday of Woodside turkey dam is now lined with black plastic

Mr Barnett conceded the Browse approval process had hit a snag after Environment Minister Bill Marmion delayed the environmental watchdog’s decision pending legal advice yesterday.










The delay came after it emerged EPA chairman Paul Vogel would be the only board member to adjudicate on Woodside’s Browse LNG proposal because all the others had potential conflicts of interest

Traditional Owner Challenges Planning Law Amendments on James Price Point

Richard Hunter

Media Release 29 June 2012

Traditional Owner Richard Hunter has launched a second legal challenge this week against changes made to Broome’s local planning laws by Minister John Day.

Just a week before the WA Court of Appeal was due to hear Richard Hunter’s challenge to
Woodside’s works on James Price Point, the Minister for Planning amended the local planning
instrument to authorise Woodside to carry on works even if its planning approval is invalid.

Mr Hunter has hit back with another Supreme Court challenge alleging that the changes to the local
planning law are invalid because the Minister for Planning acted for the improper purpose of altering
the outcome of his existing court case which was commenced on 28 May 2012, and is due to be
heard in the Court of Appeal on 3 July.

If Mr Hunter is successful in both cases, Woodside may be forced to stop all works on James Price
Point.

Media ReleaseHunter v Woodside 29 June

Minister delays EPA report on Kimberley gas hub - ABC Kimberley WA - Australian Broadcasting Corporation

Minister delays EPA report on Kimberley gas hub - ABC Kimberley WA - Australian Broadcasting Corporation:

Looking north towards James Price Point

Bill Marmion says in light of the public statements made this week, questioning the appropriateness of the EPA's processes, he has decided to delay publication of the report while he seeks legal advice.

Broome Community No Gas Campaign 

Media Release
EPA decision delayed on Browse development

28 June 2012

Environment Minister Bill Marmion's decision to delay the release of the Environmental Protection Authority’s report into the proposed gas hub at James Price Point, near Broome, has today been welcomed by the Broome Community No Gas Campaign.

The community is calling on the Minister to appoint an independent board to make the final recommendation to government.

'Minister Marmion's announcement comes in the wake of revelations around conflicts of interest by board members, leaving only the Chair Paul Vogel to make the decision on the extremely controversial, $50 billion development.

‘The Minister's need to seek legal advice shows that this has been a flawed process and we are calling on the Minister to scrap the current report and appoint a new, independent board. Anything less will not allow the community to have any confidence in the EPA's recommendations' said Nik Wevers, spokesperson for the Broome Community No Gas Campaign


'The Minister's statements acknowledge the community's questions around the probity and integrity of the EPA's decision making processes, and that this is the largest and most complex decision in the EPA's history. There is no way that a decision of this magnitude should be left to one individual'

For comment from the Broome Community No Gas Campaign, please contact Nik Wevers on 0417 998 598

THE QUORUM FOR AN EPA TO MAKE A DECISION ON JAMES PRICE POINT IS THREE PEOPLE

Because of the serious flaws in the content and conductof the assessment process, including the extraordinary decision to entrust the EPA’s decision to just one member of the 5 person EPA Board and
the proponent’s  failure to comply with the requirements of theAgreement and Scoping Report,
the public can have no confidence in the EPA’s final report and recommendations.

The timeline needs to be extended and large parts of it need to be redone in an open,transparent and scientifically rigorous manner.Under the Environmental Act, the quorum for a meeting of the EPA to make a decision is three people.

Joesph Roe and Paul Vogel in Country Nov 2012

The WA State Environment Minister and Vogel have colluded to misuse another section of the Act (s 19; see below) to purport to give sole decision making responsibility to one person, but this is clearly not what the Act intends and cannot be misrepresented as a decision of the EPA Board.

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 11
11 .         Meetings of Authority
        (1)         The Authority shall hold meetings at such times and places as it determines, but —
               (a)       the Chairman may at any time; or
               (b)       the Minister may when he wishes the Authority to discuss a matter on which he has  
                           requested its advice, convene a meeting of the Authority.
 (2)         At a meeting of the Authority —
       (a)         the Chairman or, in his absence, the Deputy Chairman shall preside, but, if both the Chairman and the Deputy Chairman are absent from such a meeting, the Authority members present shall elect one of their number to preside at that meeting; and
            (b)         3 Authority members constitute a quorum; and
            (c)         subject to section 12(2) each Authority member present shall cast a deliberative vote on any question that is to be decided; and
            (d)         any question shall be decided by a majority of the votes cast by the Authority members present, but if the voting on a question is equally divided, the person presiding at that meeting has a casting vote in addition to a deliberative vote; and
            (e)        a question shall not be decided unless at least 3 Authority members vote thereon.
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 19
19 .         Delegation by Authority

(1)         The Authority may, with the approval of the Minister, delegate, either generally or as otherwise provided by the instrument of delegation, to —
            (a)         any officer or other person referred to in section 22; or
            (b)         a public authority or officer or employee thereof; or
            (c)         any other person, specified in the instrument of delegation (in this section called the delegate ) all or any of its powers and duties under this Act, other than this power of delegation.
        (2)         The Authority shall cause the name or title of the delegate to be published in the Gazette as soon as is practicable after the making of the delegation concerned.
        (3)         A power or duty delegated by the Authority under this section shall, if exercised or performed by the delegate, be exercised or performed in accordance with the instrument of delegation.


The Wilderness Society (WA) EPA assessment 'Media briefing sheet' is as follows:
EPA Gas Hub Assessment Media Briefing Sheet_270612

National Press Club (Australian Broadcasting Corporation)

National Press Club (Australian Broadcasting Corporation):

As CEO of KRED Enterprises, an initiative of the Kimberley Land Council, Wayne Bergmann discusses land rights 20 years after the Mabo verdict.

Wayne tells a few porkies.

At 38.40 - So KRED is not involved with Roadline North?

Richard Hunter Traditional Law Man Leading his 23rd Lurrujarri Trail In Country

At 40.09 - So Richard Hunter has no conmnection to the area?

Opposition says gas hub council disempowered - ABC News (Australian Broadcasting Corporation)

Opposition says gas hub council disempowered - ABC News (Australian Broadcasting Corporation):

Richard Hunter, Goolarabooloo Law Man

Next week, the Supreme Court will consider a traditional owner, Richard Hunter's bid to stop Woodside accessing land at James Price Point.

However, the work will go ahead regardless of what the court decides after Mr Day stepped in and amended the Broome Shire Council order that covers the site.

The Opposition's planning spokesman John Hyde says the minister has ridden roughshod over the council and sent the wrong message to the community.

"The minister seems to be reverting to intervention as his first option, rather than letting natural justice and transparency prevail," he said.








gg110

Majority of EPA board barred from making decision on Browse LNG project

The wheel of effective board governance has three spokes BEHAVIOR, STRUCTURE, AND EXPECTATIONS. If one of these spokes breaks down, the board will concave, if all three spokes disintegrate the organization implodes itself, becoming utterly ineffectual and pathetic.

Majority of EPA board barred from making decision on Browse LNG project: 

EPA Board Members and Executive Staff on country with the Goolarabooloo Law Men November 2011. The  Goolarabooloo shared with these people many scared knowledge and sites out of generosity however,  EPA  have treated both the Goolarabooloo people and the Broome Community with total impertinence and belittlement. The EPA only came  to the Broome because a concerted efforts of letter writing and  lobbing by the Broome Commuity.  Why did'nt the Chairperson tell us about the conflict of interests when he and the other Board members sat opposite and faced  the Broome community? TOTALLY FRAUDULENT.

Dr Vogel explained why the four board members were stood down.

"Elizabeth Carr, from day one of her appointment, was excluded from deliberation and decision making as a result of her previous employment with the Department of State Development," Dr Vogel said.

"That (the department) is the proponent in this case, so that means the Minister for State Development, the Premier Colin Barnett, is the proponent. It's not Woodside, it's the state of Western Australia.

"She never participated in anything, whether it was a site visit or a discussion, so from day one she was excluded.

"Dennis Glennon and Chris Whitaker own Woodside shares in self-managed superannuation funds. And even though, as I said, Woodside is not the proponent, there may be the perception of a conflict of interest, so I determined they should be excluded from deliberations and decision making.

"Dr Rod Lukatelich is employed by BP, and BP is one of the joint venture partners should this proposal be approved and implemented."

Minister defends intervention in gas hub access - Business (Australian Broadcasting Corporation)

Woodside illegal works at James Price Point

Minister defends intervention in gas hub access - Business (Australian Broadcasting Corporation):

The Minister for Planning John Day has circumvented a Supreme Court case to ensure the proposed gas hub project in the Kimberley remains on track.

One of Woodside Jack Up Rig in the intertidal on Sunday the 24th June 2012

Traditional land owner Richard Hunter was due to attend a hearing in the court next week to try to stop Woodside from accessing land at the site, north of Broome.

The court case was to determine whether the company's original access to the James Price Point site was invalid.

But, late yesterday, Mr Day amended a council order covering the land.

The change means Woodside will retain access to the site no matter what the outcome of the court case.

Media ReleaseHunter v Woodside 26 June

Broome community outraged over EPA Conflict of Interest over James Price Point

Woodside Turkey Dam at the proposed LNG Site ay James Price Point for investigation only

Broome community outraged over EPA conflict of interest

24 June 2012

A massive banner has today been unfurled inside Woodside’s work area by members of the Broome community.

Approximately 115 people entered the site where preliminary work has begun for the proposed gas hub.

Community members questioned the integrity of the Environmental Protection Authority’s report on James Price Point due out next week after learning that only one of the five members of the board were free from conflict of interest.

‘The Broome community is outraged that we’ve been mislead into believing the EPA assessment would be free from bias.  Said Nik Wevers of the Broome Community No Gas Campaign.

‘After waiting for 18 months for the EPA assessment to come out and then to learn that it is not independent is completely outrageous.’ Concluded Wevers.

‘We bought out the biggest banner we’ve got today and it’s dwarfed by the clearing work that’s already occurred. If built, the gas hub itself will by 5 squared kilometres and will take thousands of people will be required just for construction’ said Philip Roe, Goolarabooloo Traditional Owner.

‘A project of this scale will destroy a pristine area of coastline and culture and will forever change the town of Broome

‘Woodside and the joint venture partners are ignoring the wishes of the Goolarabooloo and the people of Broome, by forcing an unwanted gas hub upon us’

For high resolution aerial photographs, please contact Nigel Gaunt at Red Dirt Photography on             0418 917 078     

For comment from the Broome Community No Gas Campaign, please contact Nik Weveres on             0417 998 598     

Woodside's mad rush and poor site selection at James Price Point

Anonymous June 24, 2012

Meanwhile, Woodside continues to drill inside the National Heritage Listed Intertidal Zone and the Australian Heritage Council and the Department of Sustainability, Environment, Water, Population and Communities continue to believe Woodside's fortified maps even when provided within correct data and images like this. This photo was taken on  Wednesday the 20 of June at 5.21pm on a moderate tide of only 1.89.

Well if I'd just lost $45 billion I wouldn't give a damn either.Chump change.

Woodside are not in the position Voelte claimed back in 2007,but Coleman carries on as if they were.
Voeltes claims back then on gas prices staying high,and later that fraccing will never compete with LNG have been proved wrong.He painted a big rosy picture and the shares went up and up.Governments got sucked in just like the investors.

Hence all the mad rush and poor site selection.

We mustn't forget a FID is due on Pluto expansion to 2 or 3 trains,in an area up for World Heritage listing.They could have built it anywhere,like Apache has done,but no they had to choose the most unsuitable site.As they have with JPP.And there's the issue with Timor Leste over Greater Sunrise.
Everyone on the planet is going hell for leather to get into the Asian gas market as prices are higher than anywhere else.This includes the Europeans,the Yanks,the Canadians,the East Africans,South Americans and so forth.The pressure on prices are down and down.

So where is this Australian LNG paradise Woodside and Barnett keep going on about?
It's not there,it is just a dream that they had way back in the past.Reality has yet to burst their bubble,so much corporate and political reputation has been put into this,they cannot and will not see the truth.
Russia however is fully aware of the dangers posed by fraccing in Asia and competition from other areas.Putin will not sit idle while his countries future gets flared off by the competition.He has huge plans to get Russian gas into Asia and the Russians are going pedal to the metal to get there.

http://www.pennenergy.com/index/petroleum/display/3318142183/articles/pennenergy/petroleum/refining/2012/june/natural-gas_to_significantly.html

"To date, Gazprom considers LNG as top priority in gas supplies to Asia-Pacific. The Company is elaborating the Feasibility Study for an LNG plant construction near Vladivostok. Moreover, Sakhalin Energy is carrying out pre-FEED studies on expanding the Sakhalin II project production facilities, particularly construction of the third LNG train at the plant.

The issues surrounding pipeline gas supplies to Asia-Pacific are being tackled. Gazprom and Chinese CNPC carry on negotiations over the commercial parameters of Russian gas supplies to the People's Republic of China via the “western” and “eastern” routes supposed to export up to 68 billion cubic meters of gas per year. Gazprom and South Korean KOGAS are studying a project for the trans-Korean gas pipeline construction."

Yes everyone is going flat out to meet Asian demand,except for Woodside who are mired in corruption and bad decision making caused by the loud mouth yank Voelte,and now with Coleman continueing on with the illusion of arrogance that in reality went out the window back in 2008!

As for Barnett,well his plans are unravelling so fast his head must be spinning,including this in the Nationals.
http://www.abc.net.au/news/2012-06-23/max-chaos/4088128?section=wa

Only good news for these corrupt oil and gas types is that Cheneys daughter has married her girlfriend,they have two kids.
http://www.smh.com.au/world/cheneys-daughter-marries-girlfriend-20120623-20vse.html

Woodside unconcerned by Browse loss

Woodside unconcerned by Browse loss: There has been legal action from opponents of the project, including local indigenous people, who say the gas hub would damage pristine marine environments and sacred sites.

Its joint venture partners in the project, such as global giants BHP Billiton, BP, Chevron and Shell are divided on whether it would be better to process versus piping the gas to the North West Shelf.

Watchdog's reputation at risk: Opposition - ABC News (Australian Broadcasting Corporation)

Watchdog's reputation at risk: Opposition - ABC News (Australian Broadcasting Corporation): "Now it appears that we have the extraordinary situation where one of the biggest projects ever to come into our state effectively has no EPA to make the crucial decisions because four out of five of them are too close to industry to adjudicate," she said.

The report is due to be released at the end of next month.

The Environment Minister has declined to comment.

Roadworks promise better safety - ABC North West WA - Australian Broadcasting Corporation

Roadworks promise better safety - ABC North West WA - Australian Broadcasting Corporation: The project will include establishing about eight kilometres of new road and a major interchange at the Broome turn-off on the Port Hedland Road.

Overall, the changes should reduce road train traffic on regular roads and provide better access to the new port and harbour.

EPA's integrity questioned after JPP report - ABC Kimberley WA - Australian Broadcasting Corporation

EPA's integrity questioned after JPP report - ABC Kimberley WA - Australian Broadcasting Corporation:

The WA Wilderness Society says it is astounded by revelations only one member of the Environmental Protection Authority contributed to a report on the James Price Point gas hub.

Four out of five members on the EPA board were prevented from participating due to potential conflicts of interest.
 Conflicts of Interest MR

Lttr EPA_final JPP Report_20june2012

Woodside loses major gas supply deal

Woodside loses major gas supply deal: Woodside Petroleum has let lapse a supply agreement for its Browse project worth up to $45 billion.

Woodside said the agreement with CPC Corporation of Taiwan, signed in November 2007, was allowed to expire on June 21 with the agreement of both companies.

The deal was for the sale of two to three million tonnes of liquefied natural gas (LNG) from the Western Australia-based Browse project for a period of 15 to 20 years.

Mini dolphin discovery in WA - Bush Telegraph - ABC Rural (Australian Broadcasting Corporation)

Mini dolphin discovery in WA - Bush Telegraph - ABC Rural (Australian Broadcasting Corporation):

A recent discovery of a rare species of mini dolphin has generated excitement.

The dolphin was discovered in waters off the coast of Broome, at an area called James Price Point.

It's the same area where there's a proposal for a $40 billion liquefied natural gas plant.

The mini dolphin's discovery has posed the question whether plans for the gas development should be put on hold?

Simon Allen, dolphin researcher, School of Biological Sciences and Biotechnology, Murdoch University, Murdoch, WA

NW candidate in dark on gas hub - The West Australian

NW candidate in dark on gas hub - The West Australian:

Labor’s newly endorsed candidate for the Kimberley seat has admitted she isn't "well informed" about the thorny issue of the proposed gas hub at James Price Point in the run up to the 2013 State election.

Josey Farrer, a Kija Aboriginal woman, born at Moola Bulla Station, lives in Halls Creek with her children and partner of 30 years. A former Halls Creek Shire President and current Kimberley Land Council director, she was endorsed at the party’s State executive meeting last night.

This morning, she was reluctant to comment on the gas hub: “I don’t really know much about it – I’ve yet to learn a bit more about that area,” she said.

“I think I’ll just leave it at that … right now, I can’t speak on any of those issues regarding the gas … I’m not well informed, but I will learn.”

Ms Farrer believes the biggest issue facing the region is the high cost of living: “If you don’t work in the mines, you’re affected by it,” she said.

Woodside's James Price Point court case delays

Richard Hunter

The West Australian Government has joined a legal wrangle over the controversial James Price Point site marked for a $35 billion gas hub, which has already delayed drilling plans and halted works on areas of potential cultural significance.

A lawyer representing WA Planning Minister John Day appearing in the Supreme Court in Perth said development of the Browse LNG precinct was "a matter of public importance".

Earlier this month Woodside – the project's operator – agreed not to drill at the site and to leave sections of the coast and dunes alone temporarily, following the court action launched by Goolarabooloo man Richard Hunter.

Native title backdown over $1.3bn threats | The Australian

Native title backdown over $1.3bn threats | The Australian:

It was those payments that were directly threatened when the WA Government and Woodside gave notice last week - in apparent retaliation to the traditional owners' Federal Court action - to suspend the $1.3 billion deal and issue a formal breach of contract notice.

However, the groups - represented by the Kimberley Land Council - dropped their bid to discontinue their joint claim, and will reconvene to decide on any further action.

Lawyers for the WA Government and Woodside agreed to withdraw the notice of suspension of the deal, but not the notice of default.

The two parties resolved the issue just minutes before it was to be heard by Federal Court judge John Gilmour.

It also came less than a week before a formal notice to compulsorily acquire the site by the WA Government expired on June 20.

Court Battles Rages Over James Price Point

Well its been a strange day in court-land today. Only winners so far - lawyers!

As you will be aware there are (at least) three Kimberley environment-related matters before the courts at the moment:

    Application in Federal Court from Traditional Owners (TOs) and KLC to split the native title claim over James Price Point due to now separate native title claims;

    Action in WA Supreme Court against government and Woodside in relation the alleged approvals it has been given for its current works at James Price Point;

    Action in the WA Mining Warden's Court against Rey Resources application for a mining lease for its proposed "Duchess Paradise" coal mine near the Fitzroy River.

Today, both 1 and 3 were 'up'.  Tomorrow is the next hearing for 2 - although this now likely to be deferred until Monday.

In the Federal Court, the KLC buckled at the last minute under immense pressure from the WA government and Woodside (delivered via a "notice of default of agreement" and a "notice of suspension of all benefits") and agreed to withdraw the application for the splitting of the land claim.  The applicants (TOs/KLC) have agreed to go away and meet to decide whether they want to continue the application, and accept the risk of action against them by government and Woodside. Where and when the big meeting happens remains to be seen but hopefully it will be better run than the last KLC-held 'agreement' meeting!

In the Mining Wardens Court the WA EDO, representing TO Dr Anne Poelina, spent all day arguing for a 'stay' of the mining lease application pending the outcome of the current EPA assessment of the coal mine proposal. The Warden has reserved his decision. Solicitor Josie Walker from EDO thinks the Warden is disposed to grant the stay which is a good outcome.  Rey's lawyers argued that Dr Poelina is in cahoots with the Wilderness Society - implying she does not have 'clean hands' in the matter...

Then tomorrow (or Monday) the matter of stopping Woodside's works at JPP will be heard again on the issue of 'agreement on facts', prior to a full hearing in the Appeals Court at a date to be determined.

So, all matters are still 'live' and, as usual, we will have to await further hearings and deliberations to know if we win.

Meanwhile, the Broome Shire Council could not vote on the Improvement Plan proposed over James Price Point area this afternoon, at an Ordinary Council Meeting because there was not a quorum.

Goodside Vs Woodside

14 June 2012 -

Senator Bob Brown holds a press conference to reveal a new poster of Western Australia's endangered James Price Point, home to calving whales and ancient dinosaur tracksites.



Retiring Greens leader Bob Brown has sent all MPs a poster of WA's James Price Point, where Woodside plans to drill for gas, as his parting gift.

Retiring Australian Greens leader Bob Brown's last move before handing in his Senate seat on Friday is to lobby all federal MPs to protect part of Western Australia's Kimberley region from gas drilling.

Woodside Petroleum has agreed to hold off on drilling at its contentious Browse liquid natural gas project until a court dispute about planning approvals is resolved.

Senator Brown told reporters in Canberra on Thursday his "parting gift" to Prime Minister Julia Gillard and other MPs was a poster featuring a photograph of James Price Point.

The area includes dinosaur track- sites from a 130 million years ago as well as whale calving grounds and indigenous heritage sites.

"There are alternatives for Woodside's destructive gas factory but there are no alternatives for this remarkable piece of living, cultural and natural heritage," Senator Brown said.

"Now across to Julia Gillard, Tony Abbott and Tony Burke who can stop this."

Senator Brown has written to the board of Woodside seeking a meeting about the project.

The company says it is doing appropriate environmental and cultural heritage studies.

Senator Brown said he had put lobbying against the project on his post-retirement priority list.

He will hand Senate president John Hogg his resignation letter on Friday.

"The minute that resignation hits the desk I'm ex-senator Bob Brown," he said.

"It's been a delight to be serving this country and the Australian Greens and all the voters of the country who want to see heritage protected and a good future secured for the last 16 years."

Senator Brown will be replaced by Tasmanian winemaker Peter Whish-Wilson.

KLC have bowed to pressure from the state government

At the Federal Court sitting today KLC withdraw the application for the native title claim groups to split and lodge separate claims. KLC have bowed to pressure for the state government and refused to carry out the instructions of their clients.

The government was acting on advice from the State Solicitors Office when it warned the KLC that splitting the claim was a breach of the agreement. Yesterday, KLC believed it had no choice but to attempt to split the claim after it became clear that the Goolarabooloo people intended to break away from the Jabirr Jabirr.

So under whose direction did KLC take this action?

FEDERAL COURT OF AUSTRALIA, 1 Victoria Avenue Perth,Court 1, Level 7, 2:00 PM

RITA AUGUSTINE & ORS v STATE OF WESTERN AUSTRALIA & ORS (GOOLARABOOLOO/JABIRR JABIRR PEOPLES)

The Government's Impoverishment Plan for James Price Point

Under 12. URGENT ITEMS at this weeks Broome Shire Council meeting the Broome Shire will be considering the following item:
12.1 CONSIDERATION OF PROPOSED IMPROVEMENT PLAN AND IMRPOVEMENT SCHEME
       LOCATION/ADDRESS: Dampier Peninsula
http://www.broome.wa.gov.au/council/pdf/agenda/2012/OCA14062012.pdf

7 June 2012

SUMMARY: 

The Western Australia Planning Commission is proposing an Improvement Plan for the proposed LNG processing facility near James Price Point. The Improvement Plan also authorises the making of an Improvement Scheme. This report recommends that Council supports the intended Improvement Scheme.

We want the Shire to be able to hold its head up high and follow planning procedures that reflect the integrity of the Shire Council and its residents.

It is clear the DSD has disregarded the Shire in every instance of this process and minimized the involvement of the Shire at every turn . It  is doubtful they will take notice of the Shire’s concerns  if the Shire simply attempts to mitigate impacts of this project.

We ask the Shire not to comply with pressure from the Dept of State Development and NOT endorse this plan.

Councillors have valid grounds not to endorse the Land Improvement Plan and Associated Scheme for the following reasons:

•     The EPA assessment is not complete;

•     The Local Planning Strategy and Dampier Peninsula Strategic Plan are not completed. Neither of these plans have undertaken broad community consultation of Shire residents as per WAPC guidelines;

•     Proposed gas hub is at odds with the current recommended land use and current documented long-term vision of our shire under the existing Regional Plan, the Waterbank Structure Plan (DOLA 2000);

•    The Shire has no formal mandate to support a change in current land use from Reserve for Conservation and Aboriginal Heritage (Waterbank Structure Plan, 2000) to Strategic Industrial Site;

•    The Shire has a mandate to uphold the protection of this area based on previous planning  policies.

•     The shire is committed to working on a tripartite model when addressing changes to land use and tenure as per the Yawuru Indigenous Land Use Agreement signed in 2010 by the State Government, the Broome Shire and Yawuru group;

•     The Heads of Agreement signed by the KLC and State Government was a bilateral agreement that excluded the Shire of Broome as the Local Government body and as representatives of the broader community. The Shire need not be obliged to stand by this agreement, that was signed under the threat of compulsory acquisition.

•     The shire has already formally expressed to the State Govt. that it prefers that this process to be undertaken as an Indigenous Land Use Agreement based on consent, and not within the framework of compulsory acquisition (see OCM Dec 2010 minutes); and

•     The Cardno Report (2011) indicates the Shire has not yet received a formal planning document for the project, and the full impacts on the Shire have been unable to be fully assessed. Mitigation and management strategies have not yet been formulated or submitted to the Shire by DSD. The Cardno Report indicates the Shire will not have the capacity to manage the impacts of this project.

Improvement Plan Docs





Meanwhile, in Country, Woodside continue to dig themselves into a hole.

State Govt rallies against claim split - The West Australian

 State Govt rallies against claim split - The West Australian:

The Department of State Development has briefed Broome business owners on the ramifications of a move by native title claimants warring over James Price Point to split in the Federal Court, warning it could stall the delivery of $1.5 billion in benefits and trigger the compulsory acquisition process.

Goolarabooloo and Jabirr Jabirr native title claimants have approached the Federal Court to have their joint native title claim covering the Browse LNG precinct discontinued so they could lodge separate claims over the same area. This could mean that the Native Title over the area cannot be a consent determination and could take up to four years to determine. This could put a massive spanner in the Woodside works. The State are still threatening Compulsory Aquisition as the answer to all the States problems but this only gives birth to civil disobedience. Forcing us under a dictatorship a battle Barnett will lose.

Tourism body takes cash from Woodside - The West Australian

Tourism body takes cash from Woodside - The West Australian:

“We have always welcomed funding for the promotion of Broome and the Kimberley – given that State Government funding has been declining,” he said.

“However, I find it astonishing that Woodside has allocated an insignificant and inappropriate amount in it’s pursuit of “building stronger communities”.

“The truth is that their project promises to destroy a songline, it promises to destroy a world-class dinosaur trackway, and it promises to create a massive dead zone in an ocean which houses a new species of dolphin, amongst other things.

“If left undisturbed, these things combined will attract tourism well into the future.”

Mr Jones said images of police shepherding Woodside vehicles, threats of compulsory acquisition and the prospect of a massive gas “hub” had all detracted from the Broome brand.

00149683058

Stop war or lose gas deal, says Colin Barnett | The Australian

Stop war or lose gas deal, says Colin Barnett | The Australian:

WEST Australian Premier Colin Barnett has threatened to cancel more than $1 billion in benefits to Kimberley Aborigines unless they stop battling over the James Price Point gas hub.

Mr Barnett has ordered the duelling groups to abandon a legal bid to split native title claims over the coastal stretch of the Kimberley, where Woodside proposes a contentious $40 billion development.

WA's Department of State Development confirmed yesterday it had advised the Kimberley Land Council it was in breach of agreements on the development. The Australian has been told the breach notice is effectively a notice of intent to "turn off the tap".

LNG expansion in pipeline as Japanese demand grows | The Australian

LNG expansion in pipeline as Japanese demand grows | The Australian:

Woodside Petroleum, which is investigating building the $40bn Browse project, is in talks with third parties to double the size of the plant it is investigating at James Price Point, 60km north of the tourist centre of Broome.

WOODSIDE INACCURATE MAPS AND THEIR FORTIFIED DATA DEFINE NATIONAL HERITAGE BOUNDARIES

Woodside may have been forced to halt their plans for drilling work at James Price Point until a Supreme Court hearing rules on the legality of their works. The agreement means that Woodside will halt all of their work plans to drill into areas of coastline and sand dunes near James Price Point.

However, Woodside continue to drill in the National Heritage listed area of the Intertidal Zone between James Price Point and Quondong. Both the National Heritage Council and the Department of Sustainability, Environment, Water, Population and Communities have been informed about this illegal drilling program.

Sustainability, Environment, Water, Population and Communities Department sent staff from their EPBC Act Compliance and Enforcement Branch up to Broome last week but failed to meet with the Goolarabooloo people who first raised these concerns about Woodside drilling into the Broome sandstone that holds indigenous culturally significant dinosaur track-sites.

Goolarabooloo Law man, Phillip Roe wrote to them last week inviting them into Country in order to present visual and mathematical evidence of Woodside drilling into the intertidal zone. Meanwhile, not one Government department has stepped up to the plate and dealt with this very serious breach of damaging National Heritage. Woodside continues their lies, but anyone who is familiar with this coast,  the reefs systems understand clearly that the tidal zones are expansive. Currently, you can stand on the beach at Walmadan and call out to the people working the jack up rigs and clearly see them working. 

Woodside can not be trusted with any scientific data and this has been proven time and time again. Woodside certainly should not be given the responsibility to define our NATIONAL HERITAGE BOUNDARIES WITH THEIR INACCURATE MAPS AND THEIR FORTIFIED DATA, just because the Heritage Council and SEWPaC cannot get their act together.

Like the dinosaur track-sites, when the tide recedes all will be REVEALED and evidence of their drilling program will be easily tracked.  Than Woodside will be looking down the barrel of another Court Case, destruction to a National Heritage Area.

Kimberley under threat from mining boom - The Drum Opinion - One of the world's most untouched and iconic regions was granted National Heritage protection last August, but mining still threatens the Kimberley region. (Australian Broadcasting Corporation)

The Australian Conservation Foundation recently presented Minister Burke with close to 25,000 postcards signed by Body Shop customers calling on him to stop the industrialisation of the Kimberley before it's too late – indicative of the extent of mainstream opposition to the prospect.

However, over the past weeks, the WA Premier Colin Barnett has sent hundreds of police to the once placid town to protect the interests of the mining company Woodside, and ensure they can carry out their work without interference from peaceful protesters. One protest camp has been dismantled and another, set up by old families of Broome, remains in a state of tenuous resistance.

Is this the way we conduct business in Australia in 2012? The WA Premier has effectively sent his own army to Broome at a cost of over $1 million to Australian tax payers in order to protect the interests of one of our largest mining companies.

We Love Broome, James Price Point, fresh air, clean oceans and our precious water

A crowd of about 1000 people gathered at the Nicholas Emo Centre in Broome this morning for a "we love Broome" event - the latest in a series of peaceful protests against the proposed gas hub at James Price Point.

We Love Broome, James Price Point, fresh air, clean oceans and our precious water

Supreme Court orders issued today that prevent Woodside from conducting drilling activities and working in sensitive beach and dune areas around James Price Point.

Media Release

Supreme Court forces Woodside to halt work plans

Richard Hunter Goolarabooloo

Woodside today have been forced to halt their plans for drilling work at James Price Point until a Supreme Court hearing rules on the legality of their works.

The agreement, reached before a Supreme Court hearing today, means that Woodside will halt all of their work plans to drill into areas of coastline and sand dunes near James Price Point.





'The Broome community has always said that Woodside’s works are illegal because Woodside lacked the correct approvals for their work' said Nik Wevers of the Broome Community No Gas Campaign

'Campaign members raised significant issues with the Shire of Broome and the Kimberley Development Assessment Panel approvals earlier this year when the approval process was not followed correctly, this shows that our protest is justified

‘Government at all levels is determined to push through this development regardless of the wishes of the community

‘Goolarabooloo elder Richard Hunter has challenged these approvals in the Supreme Court and it is good sense that Woodside halts all work until proper process has been followed.’

For comment from the Broome Community No Gas Campaign, please contact Nik Wevers on 0417 998 598

Gas hub road contractor did enviro report - The West Australian

Gas hub road contractor did enviro report - The West Australian:

He said the road would be a "publically funded, public road and (would) service not only the precinct but the wider community".

Bob Brown helps stop a gas hub at James Price Point (video) Prime7 - Yahoo!7

Bob Brown helps stop a gas hub at James Price Point (video) Prime7 - Yahoo!7

UNESCO slams Great Barrier Reef management: You've got eight months to fix it | Herald Sun

UNESCO slams Great Barrier Reef management: You've got eight months to fix it | Herald Sun:

"The laws are clear - the minister has the power to act. He has the power to press pause while the strategic assessment is undertaken," Senator Waters told AAP.

"Unfortunately he lacks the will ... I have been very disappointed with the lack of interest he has shown in the Great Barrier Reef."

"It's about time the federal environment minister acted like an environment minister."

Big bill for Browse pipeline - The West Australian

Big bill for Browse pipeline - The West Australian:

"One of the biggest dangers to developments in this State is the Premier changing his mind,"

Broome Families SAY NO to the Gas Hub at James Price Point

   
We say the greater percentage of Broome Families SAY NO to the Gas Hub location – because we LOVE Broome.

Last year the Broome families turned out in great numbers on Cable Beach to say YES TO WHAT WE HAVE.

Some people think the numbers did not reflect the town’s true sentiments. So this year we are going to send the message again until they believe us. And that message is: ‘Broome does not want a gas hub on our doorstep!’.
We invite all members of the Broome Families to show your numbers once again at a gathering to SHOW YOUR LOVE FOR BROOME. It is vitally important that we who are the greater percentage and LOVE BROOME show that love. 

When: Saturday 9th June 2012
Time: 10.00 am – 11.00 am (after shopping, before football and before you go off fishing)
Where: Nicholas Emo Centre – Catholic Church grounds (across from Broome Shire)

Signatures to be collected . A photograph of the event for the media, with a letter and signatureswill be sent to:
• Premier Colin Barnett, Prime Minister Julia Gillard, The Opposition Leader Tony Abbott
• Woodside Board, Chevron Australia Board, Shell Development Board, Japan Australia LNG (MIMI Browse) PTY LTD, BHP Billiton Petroleum Board
• Sir David Attenborough, UN Rapporteur on the Rights of Indigenous Peoples
• Human Rights Commission, The Greens, Tony Burke Minister for Environment, Mark McGowan State Opposition Leader ALP.

'Mini dolphin' discovered near site of gas port | The Australian

'Mini dolphin' discovered near site of gas port | The Australian:

A MINIATURE dolphin species has been discovered off the Kimberley coast near the site of the controversial James Price Point gas hub.

Murdoch University dolphin researcher Simon Allen said photographs and biopsy samples from the miniature dolphins, the adults of which appear to measure just 1.5m, had confirmed the significance of the find.
to view video  =

http://video.theaustralian.com.au/2241255573/Come-in-spinner