Albert Wiggan meets Colin Barnett Beagle Bay

Wiggan says Premier didn't listen
By Vanessa Mills

http://www.abc.net.au/local/audio/2010/03/25/2856249.htm?site=kimberley

During the recent tour of the Dampier Peninsula, Premier Colin Barnett faced some opposition from several members of the Beagle Bay community. The Premier of Western Australia, Colin Barnett recently visited the Dampier Peninsula. ABC Kimberley Mornings spoke with him during the visit.

After this conversation, the Premier visited the Beagle Bay community.
A few days after, we spoke to prominent member of the community Albert Wiggan who says the meeting wasn't a satisfactory arrangement.
He says the residents felt they were not listened to and big issues for the community were avoided, including new funding arrangements and governance.

The following footage and text was provided by Eyes On Country.



Contrary to recently released media reports that Colin Barnett’s visit to Beagle Bay Community was a success, his fleeting visit may well have been a “feel good” sight seeing trip to him but the peoples of the Community, which also included those from outlying smaller communities that see Beagle Bay as their essential services hub, were left with the usual hollow feeling that accompanies a visit by government- no outcomes, no solutions and that once again their voices fell on deaf ears.
The general feeling after the gathering was that this was a trip for Colin to feel good about visiting those that he wishes to impose his Gas Hub Vision on, this was confirmed by his admission that in his eyes the Hub would go ahead regardless of how people felt and another subtle media relations campaign to claim that ”they cant say I haven’t talked with the people”. In plain speak-“ A way of covering your behind.”

The Community was made to wait over 2 hours from the scheduled start time in searing heat under the tin roof that is the Women’s Centre (which of course was made spick and span by the fabulous volunteers that run the group).The gathering was introduced by Neil Marshall (DIA) (although some mistakenly took him to be the Premiers Personal Body guard by the domineering manner in which he conducted himself). He apologised for the delayed start.

Nyul Nyul Elder Mr Steven Victor welcomed the Premier and guests to Country.

Approximately only 3 speakers were given time to ask questions and raise important issues before Mr Neil Marshall literally jumped from his chair and declared that question time was over, lunch was ready and people may only now mingle with the Premier. Everyone was completely surprised and many rushed to the Premier to continue raising issues, with Mr Marshall in close attendance.

The issues that were raised by the 3 speakers started with questioning the Premier on the major concerns of housing, health, education and employment. The next main issue was that despite previous meetings and decisions nothing had been done in ten years to address a Safe House for children, and the dilapidated Store and Women’s Centre. He was also questioned as to what he felt was a “real” job for Aboriginal people. The third issue raised was deep concern about the KLC process in relation to the proposed Gas Hub and how grass roots people still felt completely left out of the picture and that there did not seem to be any transparency to the process.

The main jist of Barnetts responses to these issues was that the Gas Hub would supply a flow of money to address these issues and he even elaborated on the design of the Hub saying that for example, that the beach at JPP would be left untouched as there was plans to build the pipes over the top of the beach.(maybe we wont need the sun umbrella anymore, the shade of the pipes should be great on a hot day at JPP).Really, the answers skirted around the real questions and led back to him doing his duty by meeting with people.

During mingle time Barnett, Gail Mc Gowan and Ken Baston (Member for Mining and Pastoral Region) were asked who scrutinises the KLC, such was the concern that things are not transparent yet they all were unable to answer this question. Mr Baston said he would find out and let people know. Stay tuned.

Not long after “mingle “ time and lunch(prepared by the wonderful Vanessa and staff from the Store and the wonderful Denise from the Bakery.) local man Albert Wiggan called for quiet and addressed the Premier and the gathering.Following is the passionate speech challenging the Premier on all levels to come to a new understanding of relationship on these issues.

Compulsory Acquisition what does it mean?

Or NOTICE OF INTENTION TO TAKE.
Gail McGowan the Assistant Director General of the Department for Industry and Resources and executive officer for the Northern Development Taskforce (NDT) stated at the Broome public meeting this week that the State Government would make a decision on one of the four sites by the end of the year. This is clearly outside the NDT process. Many questions have been raised with both the NDT and the Premier of Western Australia Colin Barnett about the possibility of compulsorily taking the land for a LNG gas hub. The Premier has said publicly he will take the land.
For Native Title claimants and holders there is a procedure under the Native Title Act. How this works is dependent on whether a claim has been determined – then an Indigenous Land Use Agreement (ILUA) would be negotiated; or where a claim is yet to be determined and a claimant group is properly registered – the Future Acts process would take place.
Otherwise, for other land holders/owners/tenants/residents on the Dampier Peninsula the State legislation would be followed.

The Minister for Land (currently Brendan Grylls) has responsibility for the Land Administration Act 1997 and under S.11 go to (www.slp.wa.gov.au and then to index acts in force).
11. Minister may acquire land in public interest
(1) Subject to subsection (2), the Minister may, in the name and on behalf of the State, acquire an estate, interest or other right in or to land in the public interest from any person —
(a) by purchase;
(b) by exchange, and may make or receive any payment that is necessary because of any difference in value between the pieces of land exchanged;
(c) by accepting the surrender of land held in fee simple or a less estate or interest;
(d) by taking it in the manner provided by Part 9;
(e) by forfeiture to the State under section 35; or
(f) by acquiring it in any other manner provided for by this Act.

This also requires a procedure to be adhered to. The Minister will be required to lodge a Notice of Intention To Take (NOITT) S.170 with the Lands Registrar and this is to be open for 12 months, objections must be received within 60 days of that date of registration of a NOITT.

170. Notice of intention to take interest in land
(1) Subject to this section, if it is proposed to take interests in land without agreement under this Part, the Minister must issue a notice of intention to take the interests, in accordance with this section.


In relation to the meetings held on the Peninsula this week Redhand questions if the correct procedure has been followed? There was talk of a request to drill holes for the purposes of obtaining geological data for the hub and was explained by NDT representative Ms McGowan at the Broome public meeting. S.182 of the Land Administration Act 1997:

182. Land may be entered for a feasibility study
(1) If it appears to the Minister that it may be necessary to use any land for a proposed public work for which the Minister is authorised to take interests in land, the Minister may authorise a
person —
(a) to enter on that land; and
(b) to do anything necessary in order to study the feasibility of the proposed public work.
(2) The Minister or person authorised must, before entering on any land under this section, give to the principal proprietor, the occupier, and to the holders of any native title rights and interests, not less than 30 days notice in writing, giving a description of the area of the land to be entered upon, a description of what is proposed to be done for the feasibility study, and the time that it is expected to take.

If this was a precursor to a NOITT were the correct notices in writing provided?

The Land Administration Act 1997 also provides for procedures where there are Native Title rights and interests.

The Department of Planning and Infrastructure’s Crown Land and Administration and Regulation Practice Manual Chapter 09 Compulsory Acquisition of Interests in Land provides further information on how compulsory acquisition should be undertaken. Check out www.dpi.wa.gov.au for further information on Compulsory Acquisition from the Department of Planning and Infrastructure.

Leaseholders on the Dampier Peninsula are those people who have leases via the Aboriginal Lands Trust.

The Minister for Indigenous Affairs (currently Deputy Premier Kim Hames) has responsibility for the Aboriginal Affairs Planning Authority Act 1972 (www.slp.wa.gov.au and then to index acts in force). It is this Act in S.20 which provides for the establishment of the body corporate, the Aboriginal Lands Trust (ALT). There are 7 members of the Trust, all appointed by the Minister. (for details on members go to http://www.dia.wa.gov.au/Land/Aboriginal-Lands-Trust/Members/)

S.23 describes the Functions of the ALT
23. Functions of the Aboriginal Lands Trust
Subject to this Act, the functions of the Aboriginal Lands Trust
are —
(a) to carry out such of the functions of the Authority as may be delegated to the Trust under section 24, or as the Minister may direct
(b) to acquire and hold land, whether in fee simple or otherwise, and to use and manage that land for the benefit of persons of Aboriginal descent;
(c) to ensure that the use and management of the land held by the Trust, or for which the Trust is in any manner responsible, shall accord with the wish of the Aboriginal inhabitants of the area so far as that can be ascertained and is practicable;
(d) to consult, negotiate, enter into financial arrangements, contract, and to undertake or administer projects, either directly or in association with other persons or bodies, as may be necessary or desirable for the development of the land for which the Trust is responsible;
(e) generally, on behalf of and as the corporate entity representing the interests of the Aboriginal inhabitants
of the area to which the matter relates, to take, instigate or support any action that may be required to ensure the most beneficial use of the land.

The reserve lands can be changed by proclamation by the Governor on recommendation to the Minister from the ALT and must be presented to Parliament S.25 New lands may be reserved.

Redhand queries whether the ALT is representing the interests of Aboriginal people, the leaseholders on the Dampier Peninsula?
And how will the Minister for Indigenous Affairs represent the interests of Aboriginal people on the issue of compulsory acquisition of home and lands? On this issue Redhand will raise further queries about the Aboriginal Heritage Act’s responsibilities on this subject, in a future post.
First posted 16 November, 2008

Broome Community does not support LNG development on the Kimberley coast.

The rally of about 300 people held in Broome today made it clear that the development of an LNG gas hub or precinct is not welcome here.



Yes, we love the Kimberley.

The Premier Mr Barnett must understand Kimberley people will not support his proposal without proper engagement with the community, protection of Aboriginal heritage, advancement of the environment and encouragement of enterprise that is entirely conducive with the needs of our community and the special wilderness that we all currently enjoy.





Speakers included Neil McKenzie, Albert Wiggan, Marty Sibosado and hosted by Kevin Blatchford, Save the Kimberley. (videos soon).

Pamphlets promoted:

LNG in the Kimberley is NOT "inevitable".
There ARE alternatives to a gas precinct in the Kimberley!
The Kimberley is one of the last unspoilt wilderness areas in the world - lets keep it that way!

Protests will continue.

Hands off country. Stand up for the planet.

Interviews transcribed

As promised the interviews with

Kevin George ( Kevin George speaking at Djarindjin 13 November 2008),

Mary Kitchener, Jackie McKenzie (The Tower Story 13 November 2008) ,

Elsta Foy, Phillip Sibosado, David Dureau and Kathleen Cox (Summary of the Northern Development Taskforce meetings 12 November 2008)

have been transcribed and now included at each post. Thanks HJ for your help, Redhand.

Hands off country and speak out for the Kimberley and the Planet.

Ancient Ones

Please click on this old page to view image in full size.
Eyesoncountry was walking along a remote dirt track when this page fluttered around on the track ahead.Curious and always alert to the interconnectedness of things I picked it up and had a read.
What has it got to do with a Gas Hub one might ask but really we can draw so many parallels with this snippet of a story.
For those amongst us who do believe that the Songs of the Country are more than a careless custom, this page can hopefully give some comfort to our cause."You are not without allies even if you know them not".
And on a Global Outlook the "little life of Men is now endangered"(global warming crisis)and therefore the life of those things that many may believe are but "matters of legend" are also endangered.
This leads eyesoncountry to think about the ancient ones,seen or unseen, and how significant their health is to that of the planets.
Stay tuned as we delve into the deep over the next days as this blog brings you the most up to date research on our ancient allies the megaptera novaeangliae the Humpback Whales.

'By Order of the Broome Shire Clerk'

'By Order of the Broome Shire Clerk', for more than twenty years, there have been signs plastered all along the Dampier Peninsular encouraging and informing locals and visitors alike to.

Shoot only cameras
Take only Memories
Leave only footprints

The majority of people who have visited the Dampier Peninsular have understood, respected, protected and implemented these conservation initiatives over the years. There are also signs thanking all of us helping the Shire keep the country clean.


Colin Barnett and Carol Martin are openly and publicly inviting the development of a Gas Processing Hub within Dampier Peninsular that will:

Shoot Indigenous Human Rights back forty years
Take everything and more
Leave huge scares from environmental disasters

Therefore, Red hand queries, what will be the new “Orders of the Broome Shire Clerk” for the Dampier Peninsular?

Northern Development Taskforce meeting at Middle Lagoon.

Gail McGowan and Duncan Ord representing the Northern Development Taskforce met with community people and visitors at Middle Lagoon, on the Dampier Peninsula on Tuesday 11th November, 2008.

Marty Sibosado spoke about law, heritage, the KLC and about the need for informed decision making.

The video is about 10 minutes long and split into two parts.
Part 1

Middle Lagoon part 2

Beagle Bay Church

Our thanks to Elena and Francesco for these pictures taken in October, 2008

Beagle Bay Blockade 3 and 4

These are the final two videos of the conversation held at the blockade on the road into Beagle Bay on Monday 10th November, 2008. The group included, secretariat, Gail McGowan and Duncan Ord from the Northern Development Taskforce, Beagle Bay community people, leaseholders, visitors and was witnessed by representatives of the Department of Indigenous Affairs.
Videos of other meetings held on the Dampier Peninsula last week will be posted soon.
Beagle Bay Blockade 3



Beagle Bay Blockade 4

No public notice for Dampier Peninsula Northern Development Taskforce meetings.

Redhand queries why there was NO PUBLIC NOTICE of the public meetings held by the Northern Development Taskforce representatives at Beagle Bay, Middle Lagoon, Lombadina and Djarindjin on the Dampier Peninsula last week 10th and 11th November, 2008? Why was the Broome public meeting the only one that was advertised?

Notice that it is advertised as an LNG precinct not a gas hub.

photo: Broome, Northern Development Taskforce Public Meeting notice in the 6th November, 2008 edition of the Broome Advertiser.

Bob the Builder 2

Bob the Builder stands up
in absolute solidarity with the people,
he has been swayed.
Unlike the NDT people,
he understands NO.

SOME NEW FRIENDS....

All around Australia with the same opinion

" HANDS OFF COUNTRY, NOW AND FOREVER ! "

Here are some of our friends,