Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

My question is to Senator McAllister, representing the Minister for the Environment and Water. Tamboran Resources has announced that, any day now, it will commence gas fracking in the Beetaloo basin in the Northern Territory. This is a project that will take over a billion litres of water and generate risky, toxic waste but has not even been assessed for its impact on the environment or indeed the water table. Has the minister bothered to consider pulling the water trigger? Why has the minister not used her powers given to her by this parliament to make sure this project is called in?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

As the senator knows, all projects must comply with national environmental law, and that includes, of course, the expanded water trigger that was introduced by the Albanese government. The proponent for the project that the senator refers to—Tamboran—has been reminded of this on multiple occasions. They also know that any breach of national environment law will be treated extremely seriously. These changes to the water trigger occurred after the Albanese government passed our first tranche of environmental law last year to add unconventional gas to the water trigger under national environment law. And we've been extremely clear with industry to help them implement their obligations. The Department of Climate Change, Energy, the Environment and Water wrote to known companies with activities in the Beetaloo basin, including Tamboran Resources, to inform them of the new obligations that may apply to these operations under the recent water trigger amendments. I understand that the minister's office has also spoken to these companies and reminded them of the requirements under the act. I am also advised that the minister has not received a referral for these activities.

The reality of the law, Senator Hanson-Young, is that the exploration question is authorised by the Northern Territory government, and so the department that Minister Plibersek administers continues to work closely with the Northern Territory government to understand the impact of authorised exploration and whether that could have significant impacts on Commonwealth protected matters, including water. And that is consistent with the law.

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

Senator Hanson-Young, first supplementary?

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I'd like to acknowledge the traditional owners for joining us in the chamber today. They've come all the way from the Northern Territory to call on the government to do more than simply write a letter. There is power within the laws, and they want the environment minister to pull the water trigger—to call in this project and show some leadership.

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Well, Senator, as we've discussed in this chamber more than once and as we've talked about in estimates, the minister's obligations are to follow the law. And, as you'd expect, her obligations are also to make decisions in a way that is legally sound and withstands legal challenge. To that extent, the minister is incredibly conscious that it is a legal question as to whether the water trigger in the legislation applies to any particular development. She has repeatedly made clear that, as a potential decision-maker, it is inappropriate to express an opinion about the question that you raise at this stage.

As I already indicated in my response to your primary question, the minister is taking steps to receive advice from the Territory government and from her department— (Time expired)

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

Senator Hanson-Young, second supplementary?

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

The Labor Party lost 10 seats in the Northern Territory election only a couple of weeks ago. How many more seats are you prepared to lose before you take action? Will the minister pick up the phone today and tell Tamboran: 'Stop right there. Stop what you're doing before this is properly assessed'?

Opposition Senators:

Opposition senators interjecting—

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

Order! Senator Hughes, when you've quite finished, and Senator Canavan! Minister McAllister, obviously the first part of the question is not within your scope, but the second part is.

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

I acknowledge, of course, that these issues attract very strong interest from community members, and may I particularly acknowledge the elders from the Northern Territory who have travelled here today. I know that this will be a question that is important to communities. But the question as you have put it to me, Senator Hanson Young, asks the minister to take a series of steps without having consideration to the law. In fact, what it more particularly asks the minister to do is to take a series of steps in having regard to a whole set of issues that are not relevant to the questions the minister must consider under the legislation. As I've indicated, the minister has asked her department to provide advice to her to assure her that all the companies operating in the Beetaloo basin are complying with their obligations under the act.