Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities, upon notice, on 16 January 2012:

With reference to the Browse Basin liquefied natural gas (LNG) precinct (James Price Point) and the strategic assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act):

(1)   Given that Woodside Petroleum Ltd has announced it is seeking to delay the final investment decision until 2013 at the earliest, and the Western Australian Supreme Court has found the proponent does not have secure tenure at the site, will the Minister:

  (a)   place the strategic assessment on hold; if not, why not; and

  (b)   expand the assessment process to consider alternative sites; if not, why not.

(2)   Is the Minister aware of a recent Main Roads Western Australia announcement that AECOM Australia Pty Ltd has been selected as the preferred proponent in a joint venture with Brierty Ltd for the construction of the Browse Basin LNG precinct access road.

(3)   Is the Minister aware that AECOM was engaged by both the Western Australian Department of State Development and Main Roads Western Australia as environmental consultant for flora and fauna surveys as part of the Commonwealth and state environmental impact assessment processes, for both the gas hub and the access road to James Price Point.

(4)   Is the Minister concerned that the 'targeted survey' conducted by AECOM for threatened bilbies in the vicinity of the proposed road failed to find any bilbies, while a volunteer citizen science project run by the local community found and filmed colonies of bilbies in the vicinity of the gas hub and the proposed road.

(5)   In line with the EPBC Act, will the Minister require a reassessment of the proposed James Price Point access road that is not reliant on environmental information provided by a company with a commercial interest in the project being approved; if not, why not.

(6)   In relation to the answer to question on notice no. 1427, does the Minister accept that the requirement for the establishment of a scientific peer review panel for the strategic assessment is in fact contained in the report Browse LNG Precinct: Scope of the Strategic Assessment, and not in the Strategic Assessment Terms of Reference document.

(7)   Is the Minister aware that this scoping report, a key part of the strategic assessment process under the Western Australian Environmental Protection Act and the EPBC Act, states on page 180 that, 'Given the significant environment and the scale and complexity of the proposal, there is required a high level of confidence of the technical work underpinning the Strategic Assessment. As such there is an intention to undertake ongoing reviews of the strategic assessment process and of all deliverables and outputs. Arrangements for Peer review, including the establishment of a Peer Review Panel consisting of members from government and non-government sectors are to be advised'.

(8)   Will the Minister request that the Peer Review Panel be instigated to undertake a peer review of all the scientific studies and documentation relied on by the proponent; if not, why not.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

The Minister for Sustainability, Environment, Water, Population and Communities has provided the following answer to the honourable senator's question:

(1) (a) The strategic assessment and Plan for the Browse LNG Precinct will be considered after it is submitted by the West Australian Government, the lead proponent. Once finalised and submitted the Minister will determine whether the proponent has adequately addressed all relevant matters.

The EPBC Act does not contain provisions to place strategic assessments 'on hold'.

  (b) The terms of reference for the strategic assessment report require an analysis of economically and technically feasible options outside the Kimberley.

(2) Yes.

(3) Yes.

(4) On 26 May 2011, a delegate from the Australian Government Department of Sustainability, Environment, Water, Population and Communities determined, under the EPBC Act, that the proposal to build an access road to James Price Point was not a controlled action, if carried out in a particular manner. This decision requires Main Roads Western Australia to ensure measures are in place to minimise impacts on the Greater Bilby during road construction. In October 2011 the department received an ecological report prepared on behalf of two groups (the Goolarabooloo and the 'Broome No Gas Community') regarding the presence of Greater Bilby in the James Price Point area. The department has considered this new information, however, it does not alter the department's view regarding the likely significance of the works undertaken to date.

(5) The Minister is satisfied there are adequate measures in place to minimise impacts on the Greater Bilby during the construction of the access road to James Price Point.

(6) and (7) Yes. There is a proposal to establish a peer review panel outlined in the Browse LNG Precinct: Scope of the Strategic Assessment report prepared by the WA Government in 2010. However, preparation of a scoping report is not a requirement under the EPBC Act strategic assessment process.

(8) Once the strategic assessment and plan is finalised and submitted to the Minister for consideration, the Minister will determine whether the proponent has adequately addressed all relevant matters and, if necessary, whether any independent peer review is required.