Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

Senator Brown, I did make some inquiries, given you indicated that you had some concerns about these issues. A similar question was asked at estimates by Senator Macdonald in relation to various activities being asserted. Can I just step back for a moment and remind the Senate what Minister Garrett’s role is in relation to the proposed dam. Mr Garrett is the minister making a determination under the EPBC Act. That assessment and approval process is not a political process; it is a process predicated on a rigorous and comprehensive scientific assessment of this project, as with any other project. I am advised that the Queensland government has yet to finalise the assessment report for Traveston Crossing Dam and has not yet approved the dam under state legislation. I emphasise again that Minister Garrett’s responsibilities for decision making under the EPBC Act will only commence once that assessment report has been submitted to him, and the timing of that is at the discretion of the Queensland Coordinator-General.

In relation to the specific issues raised, Senator Brown, it may be that further information may be available, given the additional detail you have provided us with today. Can I indicate to you that my advice is that the Department of the Environment, Water, Heritage and the Arts, which is responsible for the administration of this legislation, has not given any explicit or implied authorisation that would allow the construction of the Traveston Crossing Dam to commence prior to a final decision to approve or not approve under the EPBC Act in terms of the process I have outlined.

I am advised that the department is also not aware of any notification or advice having been given to local residents by any other party that they should expect construction to commence prior to the required approvals having been obtained. It is the case that commencement of construction prior to the conclusion of an assessment process would constitute a breach of section 74AA of the EPBC Act, and such a breach would be investigated by the department as appropriate.

I am advised that the proponent has notified the department that they will be undertaking a range of investigative geotechnical works necessary to inform design elements of the proposal. The advice I have received is that the department’s view is that these investigations do not constitute the taking of an action that has been referred for assessment under the EPBC Act. That action is the construction and operation of the Traveston Crossing Dam. It is also the case that the proponent has notified the department of their intention to conduct other geotechnical investigations in the vicinity relating to the upgrade of community facilities. Similarly, my advice is that this is not considered to be part of the referred action.