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.

STATEMENT ON 6/12/2011 FROM CHALK AND FITZGERALD AND THE PLAINTIFFS

Neil McKenzie and Phillip Roe from Broome on the Dampier Peninsula, in The Kimberley on hearing news of the decision by Chief Justice Wayne Martin that the compulsory acquisition notices issued by Premier Barnett’s government are unlawful and any decisions made since the notices to take the Land at James Price Point and extinguish Native Title there, are also unlawful.

“This decision is a step towards the protection of part of a song cycle of immense cultural importance.

“As a legal case, the Court decision is important for all people who own properties in WA.

“In a true sense, it is a Castle moment where the Court and the Law stand as the guarantee for the rights of ordinary people in the face of huge political power and economic resources,” said Andrew Chalk, lawyer for the plaintiffs.

All people who have Land taken by a Government, need security. The Court says whilst the Government does have the power to take these rights away, it can only do it on the terms laid down by the Parliament.

In the present case, the Government issued notices covering a larger area than that which was required. This is something the Court decided was not allowed. The Land Administration Act requires the Minister to issue a notice that contains a clear description of what they want.

Description of the land that is required and Notices in this case, didn’t comply with that requirement.

“All law is a technicality but it’s also the only guarantee of people’s rights.

“The agreement which was negotiated with Woodside was done entirely in the shadow of the threat of compulsory acquisition, Those voting on that matter were told that if they didn’t agree to the proposal the Government would take the Land anyway,

“There are world class values at this site that will be trampled on without due consideration.

Mr Chalk says the deal struck to surrender the Native Title is now ineffective in light of the decision “it’s now a paperweight in light of this decision.”

“It’s back to square one as far as obtaining the rights to James Price Point and beyond.

“The records from the 80s and 90s clearly show that much of the proposed gas precinct would need digging up and thus they would need to destroy a large part of the site in order to build their precinct. It’s massive. Kilometres long and wide.

Mr Chalk said the Senior Custodian for this area “ has never shifted his option on the importance of this area.”

“He has been consistent. It is a position he’s inherited from his grandfather Paddy Roe who was equally determined to protect the significant heritage. What’s rare here, is it’s all been documented by anthopologists and the Government but then ignored by the State Government.

“It’s an important judgement, good judgement important not just for aboriginal people but any property owner in west Australian. It means the state can’t take your land without telling you what it is they’re going to take.

Goolarabooloo traditional custodian, Joseph Roe in response to the decision said from Broome:

“This is an opportunity for the Government and the gas companies Shell, BHP, BP, Chevron and of course, Woodside – to reconsider where they process Browse Basin

“If this gas precinct goes ahead our cultural heritage will be destroyed .in fact anywhere along the coast here on the Dampier Peninsula.

“This is something that those with cultural responsibility have been telling the Government and Woodside since 2005. And, much longer than that. In the Courts before now..

“It’s a songline that connects the people to their Country.
“It carries the law.

“It carries their understanding of the Cosmos in the form of song and ceremony.

“And relates it to places all along that Coast.”

Andrew Chalk explained that “The critical heritage approvals have not been given and will be subject to further proceedings and the heritage that is most critical here is the song cycle but which has been ignored throughout the process to date.

“We have written on behalf of the senior custodian to Woodside providing clear details about the location of that site. The real question is why Woodside has not been provided with these details by the State Government and KLC who have known the location of the song cycle in that area for 20 years.

It is misleading because the most critical bit of information has not been disclosed to the Federal Government. By the State and the KLC – the bodies charged with advising the Commonwealth on the significance of the area (as part of that Strategic Assessment Process). The Federal Government has received the draft report from WA and invited comments.

Implicit in the Chief Justice’s judgement is that as much as politician and companies might like to take short cuts, they can’t, it’s unlawful.

It’s not for Native Title claim groups or companies or even the Government to put themselves outside the operation of the Aboriginal Heritage Act. Its purpose is to protect the sites wherever they are, whatever anyone says. If they are a site, they are protected.

As Goolarabooloo traditional custodian Joseph Roe has said earlier this year: “They have been asking the wrong people.”

Tuesday, December 6, 2011

Traditional land owners have court victory : World News Australia on SBS


Traditional land owners have court victory : World News Australia on SBS: Traditional land owners have won a technical victory after a court ordered that compulsory acquisition notices issued by the West Australian government regarding a proposed gas hub in the Kimberley were unlawful.
Traditional land owners have won a technical victory after a court ordered that compulsory acquisition notices issued by the West Australian government regarding a proposed gas hub in the Kimberley were unlawful.

Woodside Falls After Report Says Land Acquisition Ruled Unlawful - Businessweek

Woodside Falls After Report Says Land Acquisition Ruled Unlawful - Businessweek: Dec. 6 (Bloomberg) -- Woodside Petroleum Ltd. fell in Sydney trading after a report said a court ruled that compulsory land acquisition notices by Western Australia state for the company’s Browse natural-gas processing hub were unlawful.

Australia’s second-biggest oil and gas producer dropped as much as 1.8 percent to A$33.56 and traded at A$33.57 at 2:44 p.m. local time. The stock had risen as much as 0.6 percent before the report by the Australian Associated Press. S&P/ASX 200 Index declined 1.1 percent.

Court finds State Government's compulsory Kimberley land grab invalid | Latest Business & Australian Stock market News | Perth Now

Court finds State Government's compulsory Kimberley land grab invalid | Latest Business & Australian Stock market News | Perth Now: Premier Barnett today said the court ruling didn’t “mean a great deal” and the agreement with the Kimberley Land Council, which will deliver some $1.5 billion in benefits to the local aboriginal community, was still intact.

“The State Government will simply reissue the notice of intent on the 3500 hectares, which is now identified as the exact site for the LNG plant,” Mr Barnett said.

“The land was not compulsory acquired, we acquired it through negotiations with the aboriginal representatives and that is according to the native title act and that stands.”

Mr Barnett said he did not believe there would be any delays to Woodside’s $30 billion Browse project, with the project partners still to make a final investment decision next year.

He said it gave the State Government “plenty of time” to reissue the notice of intentions.

Woodside issued a statement saying the “provision of land for the Browse LNG Precinct is a matter for the State”

“We do not believe that this result will impact on our work program and our activities are continuing on site as scheduled.”

Lawyers claim major setback for gas processing at James Price Point - ABC Kimberley WA - Australian Broadcasting Corporation

Lawyers claim major setback for gas processing at James Price Point - ABC Kimberley WA - Australian Broadcasting Corporation: "That agreement...under the native title act depended on those notices being valid. If the notices are invalid then the surrender of the native title...falls away." he said.

The Court decided that moves to compulsorily acquire the land at James Price Point were invalid based on the requirements to specify precisely which areas of land were to be acquired. ABC Kimberley reported the discrepancies over the areas of land the State Government were saying they needed for the gas processing precinct and the area stated in the notices at the time compulsory acquisition was first initiated in September 2010.

Supreme Court of Western Australia Judgments


Supreme Court of Western Australia Judgments
2011WASC0335

Compulsory Kimberley land acquisition ruled invalid - ABC News (Australian Broadcasting Corporation)

Compulsory Kimberley land acquisition ruled invalid - ABC News (Australian Broadcasting Corporation)
Western Australia's Supreme Court has ruled invalid the State Government's move to compulsorily acquire land for a gas hub in the Kimberley.

Chief Justice Wayne Martin ruled three notices of intention to acquire the land were invalid because they did not contain a description of the land.

It means the agreements the Government has struck with the Kimberley Land Council are now invalid.

The decision puts the future of the Browse gas project in doubt.