Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Resources, Minister Watt. In the lead-up to the last election, the Prime Minister, Anthony Albanese, made the strongest possible election commitment to stopping petroleum exploration project 11, known as PEP-11, from proceeding off the New South Wales coast. Earlier this month, the New South Wales government announced its plan to stop PEP-11 in its state waters. I understand that the PEP-11 proposal is now with a joint Commonwealth-state authority. Can you confirm today that Minister King has the final say on the future of PEP-11, and can you tell coastal communities across New South Wales, who want this project stopped, when this decision will be made?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you, Senator Whish-Wilson. I do recall the commitment that the Prime Minister made and Labor made, prior to the election, on an issue that I know is of great significance in that part of Australia. Since coming to office, the government has been left with no choice but to concede that Mr Morrison's actions on PEP-11 could not be defended in court, so the government is taking a different approach by governing with competency and in the national interest.

I am aware that the New South Wales government will introduce legislation to ban offshore resources development in New South Wales coastal waters and that the bill is intended to ban new offshore resources activity in New South Wales coastal waters. I understand that the New South Wales bill does not ban PEP-11, which is in Commonwealth waters rather than New South Wales coastal waters. So the New South Wales bill, as I say, relates only to offshore resources activity in New South Wales coastal waters. In terms of that bill, it's obviously a matter for the New South Wales government, and I refer you to them about this point. But we do understand—

Sue Lines (President) Share this | Link to this | Hansard source

Minister Watt, please resume your seat. Senator Whish-Wilson?

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question was whether Minister King has the final say through the joint state-Commonwealth authority, and could the minister tell us when she will make that decision?

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Whish-Wilson. That was part of your question. There was significant ambit there, and the minister is entitled to canvass all parts of your question. He is being directly relevant. Minister, please continue.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

There is a process underway to reconsider PEP-11, but it's not Minister King's intention to provide a running commentary on future decisions of the government. As you say, Senator Whish-Wilson, the National Offshore Petroleum Titles Administrator finalised advice on PEP-11 for the New South Wales government and the Australian government on 18 October 2023. Departments are now reviewing this advice, as is appropriate. Any future decision on PEP-11 would first need to be considered by the government of New South Wales as a member of the Commonwealth-New South Wales offshore petroleum joint authority. A future decision on PEP-11 will only be considered by the Australian government once the New South Wales government minister has considered NOPTA's advice and made a formal decision on PEP-11, but it's not the government's intention to provide an ongoing commentary on PEP-11.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Whish-Wilson, a first supplementary?

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

PEP-11 venture partners Asset Energy and Bounty Oil & Gas continue to make public statements noting their intention to push on with the project in Commonwealth waters. The Prime Minister visited communities on the northern beaches of Sydney last week, meeting with constituents and discussing issues relating to coastal protection. Did the Prime Minister, during these community meetings, reiterate your government's pre-election commitment to end PEP-11 once and for all—no ifs, no butts?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thanks, Senator Whish-Wilson. I obviously wasn't present with the Prime Minister when he made that visit. I was in a range of other places across Australia last week, but not there. But I'm confident that the Prime Minister will have reiterated the position that I've put, which is that we have received advice from NOPTA, the National Offshore Petroleum Titles Administrator. Departments, including those in this government, are now reviewing this advice and we'll make a decision on PEP-11 once the New South Wales government minister has considered NOPTA's advice and made a formal decision on PEP-11. Beyond that, it's not our intention to provide an ongoing commentary.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Whish-Wilson, a second supplementary?

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The New South Wales government have been very clear that they're going to stop PEP-11. They've done their bit. Now it's your turn. The Prime Minister said to the voters on the New South Wales Central Coast: 'A Labor government I lead will rule out PEP-11,' and, 'We will consign it to the dustbin of history where it belongs.' Two years into this term of government—after sitting on this advice for six months, I note from your previous answer—will you provide certainty to New South Wales coastal communities on stopping PEP-11 that is causing anxiety, frustration and anger?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thanks, Senator Whish-Wilson. The government very much understands the concerns of many in the local community about this particular project, and that's why we took the position that we did. But it's not my intention to jeopardise an administrative decision, which is yet to be made, by speculating about what may or may not happen and what decision may or may not be made. I've said repeatedly in answer to your questions that NOPTA has finalised its advice for both the New South Wales and Australian governments. That advice is now being considered by the relevant departments. For me to speculate on what the outcome of that might be would be risky and would potentially create avenues for legal action, which we don't want to provide. We want to make this decision properly, in accordance with the law and in accordance with good process, and I have no doubt that a decision will be made as soon as possible.