You Carnt Have Your Cake And Eat It Too

Aboriginal leader takes aim at Greens plan of action | The Australian
Urging the Greens leader to respect indigenous rights, Kimberley Land Council boss Wayne Bergmann has called on Senator Brown to stop playing politics with the James Price Point gas hub, saying it was a once-in-a-lifetime opportunity for Aborigines to get money, jobs and social infrastructure from Woodside.

Red Hand would just like to remind everyone what Mr Bergmann said on the 8th September, 2010 on the ABC Kimberley Radio State's interest in James Price Point bigger than expected when he was interviewed by Vanessa Mills and Ben Collins.

Mr Bergmann says “the project as it stands will not employ any Aboriginal people from the Dampier Peninsula due to a lack of education and training”

http://www.abc.net.au/local/audio/2010/09/08/3006090.htm

Lurujarri Under Invasion by Hostile Environmental Services

So with the Jabirr Jabirr separate Native Title Application to the Native Title Tribunal not being registered, what will be the effect of this decision on the Federal Court hearing involving Joe Roe, that has been played out over the last week in Broome, is anyone’s guess.

Joe Roe is challenging the Kimberley Land Council’s and the new native title claimants from removing him, as the named applicant on the Goolarabooloo/Jabirr Jabirr Title Claim. This was after waiting 16 years for the original Goolarabooloo registered Native Title Claim to be heard.

What is really confusing is why KLC is continuing in their efforts to remove Joe Roe, even when the new applicant was rejected because Joe’s original Goolarabooloo Claim still stands to be addressed. The Federal Court has adjourned until 14th December in Broome and it is expected to hand down the final decision in late January 2011.

For more information about other current court cases in which Joe Roe is fighting for Country go to the following link: http://www.edowa.org.au/_doc/Roe%20Litigation%20Update.pdf

If there is still no determination as to who the rightful Native Title Claimants are, how can the Heads of Agreement, signed by KLC on behalf of Traditional Owners, Woodside and the State Government in April 2009 have any real legal validity?

Surely this must be raising serious doubts and concerns about the legality and potency of this particular document, but also calls into question, any negotiations being held in relation to the Indigenous Land Use Agreement.

An open account should be given, as to who signed away the Cultural Heritage Agreement with Woodside? When was it signed and when will a copy be available to the public? How does this Cultural Heritage Agreement provide protection? KLC, Woodside and the State Government claim Commercial In Confidence on this heritage agreement, and that is why no one has seen a copy of this Aggreement.

Who gave the heritage clearance to undertake the current surveys and the drilling that’s been happening off shore for months and the removal of soils? When these tests started and KLC were stressing the harm to the Good Faith caused by the tests was because there is a requirement under the native title act for 6 months of good faith negotiations after the expiry of the notification of Compulsory Acquisition. But, where are they now, when the trucks and the drilling rigs are pushing into Country?

Last but not least, the accuracy, scope and conclusions of KLC’s Aboriginal Social Impact Assessment (due to be released 9^th December) will need to be proved, because it has been reported that KLC during the process of the Assessment did not inform the people with appropriate information, provided inadequate times to respond and were selective in who they approached.

It was reported in last Monday’s West Australian that the Federal Court Justice John Gilmour quizzed Joe’s lawyer as to whether the hearing was going to be a “thoroughly pointless exercise”.

What the talk is on the ground around Broome is how tragic it was to see KLC using women elders of our community, putting them and their health through the stress of being on the witness stand, while KLC hid the truth under their skirts and from the word on the street left them to hang out to dry.

It’s a dirty messy business that is spiritually denigrating and emotionally strenuous and it is being conducted in the heat and sweat of the build up season, the one before the wet, the season that is famous for bringing with it, frayed tempers, exhausted minds and a kind of tropical madness.

While there has been no determination over who can speak for that Country (Native Title Rights), who can provide the clearances? And while everyone is attending the Court hearings ………. Woodside is pushing and pushing their subcontractors (Hostile Environmental Services! and yes that is their real name!) out into Country, provoking the locals, setting up camp in private traditional camping grounds, hiring the Mamabulanjin Aboriginal Corporation’s Dampier Peninsula’s Cultural Tour Bus to sneak into Country, working in disguise, working without proper paperwork, driving over signs (put up to stop people driving on sensitive sites) opening up all the tracks with 4WDs, cutting into the sand dunes, getting bogged and ripping up Country in order to get out.

If this is the extent of damage created by only 3 hire vehicles currently used by Woodside’s security force, what will Country look like after 5000 - 8000 construction workers descend on country with their 1000's of 4WDs, the off-road bikes and of course their hundreds of tinnies? It will be these workers who will have access to our Country and the locals, both on land & sea, will be locked out, unable to access country any further north then Barred Creek, if we are lucky!

Meanwhile, back in Broome, Woodside continues to bribe and buy our small cash strapped community and individuals. They have purchased the services of our very own community grown Olympic and football stars to spread Woodside’s Indigenous employment propaganda. The strategy of hiring the Dampier Peninsula Cultural Tour Bus from Mamabulajin Resource Centre is just plain nauseating. and the strategy of holding invitations (very selected) only dinners for the old families of Broome to lobby for support is such a cheap tragically manipulating maneuver.

KLC turned this Court case into a “thoroughly pointless exercise” and not Joe Roe. These court processes are also a very effective way of distracting people from other issues that plague our community, a way of keeping people out of Country, keeping people tied into a process that will end in tears and start a generational fight and conflict.

But what the Federal Court and most people in Australia who have been following this story is how this whole issue just boils down to who wants the gas and who want to care for country.

Just the talk of this gas has had enormous social, cultural, emotional, physical, spiritual and financial ramifications which is creating a lot of hurt, mistrust and division into a community that not so long ago was receiving National Harmony Awards. The Social Impact Studies have been released as part of the Strategic Assessment. It outlines their predicted impacts, then outlines the mitigating management plan for those impacts and then our community will be abandoned and expected to develop our own strategies that will manage these horrific sickening impacts that will befall our community:

The majority of the people involved in compiling all the sections of the Strategy Assessment are compromised in their reporting and have shown total callous disregard to our communities and the health and well being of our environment. All of them have an invested interest (retaining their employment or securing contracts) in their reporting and their findings because they are either Government Departments’ employees or Woodside’s researchers. The Strategic Assessment Report cannot be objective where the writers are in fact the State Government – the proponent of taking land for the world’s largest LNG processing refineries in conjunction with Woodside the foundation operator.

The communities on the Dampier Peninsula will be left to deal with the social, economic and environmental fallout, they will leave us holding their baby (so to speak), a baby we never asked for, a baby we never wanted.

Broome Shire Council agenda for the 30th of September, major LNG concerns for James Price Point for Broome Community.

Shire of Broome Local Planning Strategy Reference Group

This Reference Group comprises of Shire of Broome president Graham Campbell,and councilors: Jenny Bloom and Rob Lander, Landcorp, WA Planning Commission and the Department for Planning & Infrastructure, Rubibi Title Group, Kimberley Development Commission (KDC),and the local parliamentary member.

There are two items on the Broome Shire Council agenda for the 30th of September, Shire Council Chambers, at 5pm that are of major concerns to the Broome Community in regards to the proposed LNG Precinct at James Price Point.

9.3.1 SHIRE OF BROOME LOCAL PLANNING STRATEGY
LOCATION/ ADDRESS: Shire of Broome
APPLICANT: N/A
FILE: PLA 48
AUTHOR: Director Development Services
CONTRIBUTOR/S: Nil
RESPONSIBLE OFFICER: Director Development Services
DISCLOSURE OF ANY INTEREST: Nil
DATE OF REPORT: 14 September 2009
SUMMARY: This report presents a draft of the Shire of Broome Local Planning Strategy 2010 (LPS). The Report recommends that the draft LPS be forwarded to the Western Australian Planning Commission (WAPC) for certification for proceeding to public consultation. In this plan are the provisions for a LNG precinct at James Price Point.


9.3.8 PLANNING APPROVAL – DRILL PADS, ‘TURKEY NEST’ DAMS AND TRANSPORTABLE
ACCOMMODATION – LOT 259 JAMES PRICES POINT, DAMPIER PENINSULA
LOCATION/ ADDRESS: Lot No 259 James Prices Point
APPLICANT: Woodside Energy Ltd on behalf of the State of Western
Australia
FILE: DAM/259.LNG
AUTHOR: Manager Planning Services
CONTRIBUTOR/S: Lankester Planning Services on behalf of Woodside
Energy Ltd
RESPONSIBLE OFFICER: Director Development Services
DISCLOSURE OF ANY INTEREST: Nil
DATE RECEIVED: 16 September 2010
SUMMARY: Woodside Energy Ltd proposes to develop three (3) Drill Pad sites, two (2)
Turkey Nest Dams and provide transportable accommodation for a workforce to
undertake hydrogeological investigations for a temporary period being a minimum of three (3) months and up to a maximum period of nine (9) months. This is part of the investigations and surveys associated with the proposed Browse LNG Precinct at James Prices Point. The hydrogeological investigations will involve drilling boreholes on the drill pad site to assess the availability of a reliable ground water supply for the proposed LNG plant and facilities. The turkey nest dams will store water pumped from the bore holes and the transportable buildings will provide accommodation for the workforce to undertake the investigations on a 24 hours basis.

The item is brought to Council for consideration as the land falls within the Shire of Broome’s Interim Development Order No 4 (IDO4).

It is recommended that Council support the development. There are two items on the Broome Shire Council agenda for the 30th of September that are of major concerns to the Broome Community.

Currently, there is a petition circulating around town stating the following

To the Shire President, Graeme Campbell, Shire of Broome Weld Street, Broome WA 6725
We, the undersigned electors and residents of the Shire of Broome request that Council does not adopt the draft Shire of Broome Local Planning Strategy as part of the new Town Planning Scheme no.5 and does not submit it to the Western Australian Planning Commission for endorsement or certification until such time as the people of Broome have been informed, consulted, and given an opportunity to provide input into the future planning of the whole Shire of Broome. The Community has not been able to consider the merits or otherwise of the planned gas processing precinct within the Shire. The Dampier Peninsula Land Use Plan has not been completed and the Social Impact Assessment of a very large industrial precinct on the town and communities of Broome has not been released. This petition is to be tabled at the Ordinary Council Meeting of 30th September. 2010.

And an additional request for a special meeting of Electors that only requires 100 signatures.

Form 1
[reg. 16]
Local Government Act 1995
Local Government (Administration) Regulations 1996
REQUEST FOR A SPECIAL MEETING OF ELECTORS
TO: The (1) Mayor/President of (2) Shire of Broome .
1. Under section 5.28 of the Local Government Act 1995, the electors of (3)
Shire of Broome................ whose names, addresses and signatures are set
out in the attached list and who comprise (1) 100 electors/5% of the
number of electors request that a special meeting of the electors of the
district be held.

2. The details of the matter to be discussed at the special meeting are —

The Shire of Broome should undertake community consultation and information delivery sessions with the community of Broome about the proposed gas processing precinct within the Shire before it approves a new Town Planning scheme and Local Planning Strategy prior to endorsement by the Western Australian Planning Commission.

The reasons for calling for a special electors’ meeting are:
1. The people have not been formally consulted by Council about the proposed gas processing precinct at James Price Point.
2. The people of Broome have been provided with no information by the Shire of Broome about the proposed roads, infrastructure, zoning of land and environmental impacts of the proposed gas processing precinct at James Price Point.
3. The social effects and impacts of the proposed industrial precinct are yet to be determined.
4. The State Government’s Social Impact Assessment has not been released for public debate.
5. The Dampier Land Use Plan has not been completed.
6. The Shire has not undertaken its own Social Impact Assessment of the proposal.
7. There has been no community input into the draft Local Planning Strategy and therefore is not a community vision
8. The WAPC recommends 4 steps for community consultation prior to formal submission of the strategy to the WA Planning Commission for certification
9. The Shire should facilitate community input into the LPS prior to formal submission of the strategy to the WA Planning Commission for certification

Both the Petition and the Request for a electors meeting will be presented at the Broome Shire Council meeting, this coming Thursday the 30th of September.

We would like to encourage all people who are opposed to the development of the proposed world’s largest LNG precinct being built within our Shire, at James Price Point, to sign the Petition, spread the word about the Shire meeting this coming Thursday the 30th at 5.00pm and inform all friends and others on your social networks.

All citizens of Broome, on the electoral roll are encouraged to put their names to the call for a Special Electors Meeting. One hundred signatures are required in order for this request to be valid.

These are the contact details for the Broome Shire councillors who can be contacted to voice your personal concerns in regards to the total lack of regard not only to community consultation process but also completely undermines the Broome Shire's own mission and values.


Which clearly states:

"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."


Cr Graeme Campbell
Shire President
Current term expires 2011
PO Box 1373 Broome WA 6725
Tel: 9192 1366 Mobile: 0407 477 544
Fax: 9193 5854
Email: councillor.campbell@broome.wa.gov.au

Cr Chris Mitchell
Deputy Shire President
Current term expires 2011
PO Box 2381 Broome WA 6725
Tel: 9192 2450 Mobile: 0407 773 258
Fax: 9193 2451
Email: councillor.mitchell@broome.wa.gov.au

Cr Desiree Male
Current term expires 2013
PO Box 21 Broome WA 6725
Tel: 9192 7010 Mobile: 0417 982 334
Fax: 9193 5018
Email: councillor.male@broome.wa.gov.au

Cr Robert Lander
Current term expires 2011
PO Box 1406 Broome WA 6725
Tel: 9194 1021 Mobile: 0428 628 288
Email: councillor.lander@broome.wa.gov.au

Cr Eunice Yu
Current term expires 2013
PO Box 1241 Broome WA 6725
Tel: 9192 5021 Mobile: 0439 984 839
Email: councillor.yu@broome.wa.gov.au

Cr Jenny Bloom
Current term expires 2013
PO Box 2863 Broome WA 6725
Tel: 9193 5383 Mobile: 0419 522 868
Fax: 9192 6750
Email: councillor.bloom@broome.wa.gov.au

Cr Ross de Wit
Current term expires 2011
PO Box 2139 Broome WA 6725
Mobile: 0419 577 091
Email: councillor.dewit@broome.wa.gov.au

Dampier Ward
Cr Elsta Foy
Current term expires 2011
PO Box 114 Broome WA 6725
Tel: 9192 1739
Fax: 9192 1739
Email: councillor.foy@broome.wa.gov.au

Cr Peter Matsumoto
Current term expires 2013
PO Box 1382 Broome WA 6725
Tel: 9193 7304
Email: councillor.matsumoto@broome.wa.gov.au