Susan McDonald (Queensland, National Party, Shadow Minister for Resources) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Wong. It follows the environment minister's cultural heritage declaration on old the McPhillamys gold mine project. On 29 August, New South Wales Aboriginal Land Council chair and local Wiradjuri man, Roy Ah-See, said:

We've got an Aboriginal elder, he's a man who speaks with authority, and he believes—

the section 10 application on the McPhillamys gold mine near Blayney was 'fabricated'.

Will the government now review Ms Plibersek's declaration, including to investigate whether the claims she upheld were falsified?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you, Senator McDonald, for the question. I think that really goes to the same issue that Senator McAllister has responded to on numerous occasions in relation to questions on that side—that is, that the environment minister has a statutory role under the legislation, which, from recollection, was actually passed whilst the Liberal Party was in government. I may be wrong on that, but certainly the original federal legislation—

An opposition senator: We would have applied it a little bit differently.

Fair enough. She has a responsibility under the law and the minister has sought to apply the law.

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

Senator McDonald, first supplementary?

Susan McDonald (Queensland, National Party, Shadow Minister for Resources) Share this | Link to this | Hansard source

Why did the government oppose the position of the Aboriginal Land Council chair, who is the cultural authority in the area, under New South Wales government laws?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

President, through you: Senator McDonald, that is an assertion of law. I'm not in a position to respond to your primary assertion in that question. But I again revert to what I've said earlier, which was that Minister Plibersek is the relevant environment minister who has a role under the legislation, and she has applied that in accordance with the law.

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

Senator McDonald, second supplementary?

Susan McDonald (Queensland, National Party, Shadow Minister for Resources) Share this | Link to this | Hansard source

The minister has repeatedly said that First Nations Australians have been asking for and offering for decades to be listened to on matters that impact on their lives, so, why, in the case of her rejection of the construction for McPhillamys gold mine tailings dam, is the government not listening to the legally recognised local elders and members of the Orange Local Aboriginal Land Council?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Again, you make an assertion in that about Indigenous representation. I'm not in a position to respond to whether or not that assertion is accurate. But I would say to you again, Senator, that Minister Plibersek has applied the act in accordance with the law. That is what a person in her position is expected to do, just as the former minister, Ms Ley, also applied the act in respect of the law.