Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for the Environment and Water, Senator McAllister. Minister Plibersek yesterday tried to equate the blocking of the billion-dollar, near-1,000-job-McPhillamys-goldmine tailings dam with a proposal to relocate a go-kart track. Given Regis Resources had already spent $200 million on the mine by the time of Ms Plibersek's decision, and to help us better understand the accuracy of the minister's attempted comparison, could the minister tell us what each of the equivalent figures for the go-kart track were?

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

Well, of course, it is the case that Minister Ley was required to make a decision under the very same act that Minister Plibersek was required to deal with in the case of the McPhillamys mine that has been the subject of so much discussion in this chamber. There are, in fact, a very great number of similarities between the two decisions. Minister Plibersek made her decision based on the advice of the same traditional owner group as the Deputy Leader of the Opposition consulted with, the Wiradyuri Traditional Owners Central West Aboriginal Corporation. She made the same type of decision, a section 10 decision under the Aboriginal and Torres Strait Islander Heritage Protection Act, and I would observe that that act has been in place since the 1980s and operative under a range of governments of different flavours.

Minister Plibersek makes the point that she made her decision, essentially, based on the same reasons as the Deputy Leader of the Opposition when she made her decision, and at that time she spoke about—and I speak now of Ms Ley—the cultural significance for the Wiradjuri people 'in contributing to local Aboriginal narratives, songlines, ceremonies and cultural heritage'. She made the decision to protect the site—

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

Minister McAllister, please resume your seat. Senator Duniam?

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

A point of order on relevance: I asked specifically how much money was spent on the go-kart track and how many jobs came from it in my question.

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

Senator Duniam, I'd also refer you to your preamble, if you have it written down. I would say that the minister is being directly relevant to the question. Minister McAllister, please continue.

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

Thank you very much, President—

Honourable senators interjecting—

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

Order! Order across the chamber!

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Ask Sussan Ley. Sussan was probably too busy—

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

Senator Watt, that includes you.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

Yes!

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

Senator McKenzie, it does not need a response from you. Minister McAllister, please continue.

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

Of course, interestingly, Senator Duniam, the two sites are very close together—less than 50 kilometres apart from one another—and it is the case that not everyone agreed with the decision taken by Ms Ley at the time. (Time expired)

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

Senator Duniam, a first supplementary?

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

At the time of the go-kart track decision there was a petition with over 10,000 signatures from locals to stop the project. In contrast, Labor's section 10 decision, proposed by fewer than 20 people, has left those same locals furious and at a loss as to how they'll continue to live and work in the area. How can the minister so offensively equate the economic blow to the Blayney community with the decision to prevent a go-kart track from being built?

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

Well, there are a number of assumptions in the question put to me about the statement made by Ms Plibersek that I simply don't accept. I will say this. Ms Plibersek has repeatedly indicated that her obligation is to apply the law. What is extraordinary is that Mr Dutton, the Leader of the Opposition, has indicated that he is indifferent to the law on these questions—that he will rule these projects in or out based on how he feels about them.

For the benefit of the chamber, I can outline some of the processes that are required. Essentially, Aboriginal heritage is the responsibility of state governments, but this act exists to protect Aboriginal cultural heritage— (Time expired)

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

Senator Duniam, a second supplementary?

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

Given that the minister has demonstrated complete indifference to the people of Blayney and the decision has caused a loss of nearly a thousand jobs in the area, and given that she hasn't been able to tell us how many jobs a go-kart track actually creates, what is the actual comparison between a go-kart track and its impact on the community and a goldmine? How can the minister justify this decision?

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

The very obvious connection is that both sites were the subject of a section 10 application under a piece of legislation that has been in place since the 1980s. The way it works is that the department provides advice to the minister on the application and its merits, and this includes providing a summary of the application, a map of the area and its boundary, a detailed analysis of the available evidence, an assessment of the evidence against the relevant criteria and any other matters of relevance. Submissions from the applicant and those received from any other interested party throughout the course of the evaluation period are also summarised and presented to the minister. Procedural fairness is carefully observed in the processing of applications made under this act. In advice to the minister, the department also outlines how the principles of procedural fairness have been observed. Those are the similarities. (Time expired)