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Wednesday, 8 February 2012
Page: 499

Kimberley Coast

(Question No. 1427)

Senator Siewert asked the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities, upon notice, on 7 November 2011:

(1) In regard to the social impact assessment which the minister is obliged to undertake in relation to the proposed Browse liquefied natural gas (LNG) precinct in the Kimberley, Western Australia, and given that the terms of reference for the Strategic Assessment contain no reference to how Social Impact reports will be considered or assessed and that the clarification to this point is Attachment C, titled Strategic Assessment - Endorsement Criteria which is attached to the original State and Commonwealth Agreement which states 'In arriving at a decision to approve an action or a class of actions the Minister must act in accordance with his obligations, including giving consideration to:

issues relevant to any matter protected by a provision of the EPBC Act; and

social and economic matters:

(a) which specific social and/or economic matters is the Minister obliged to consider when deciding whether to approve an action or class of actions in relation to the proposed Browse LNG project;

(b) how will any social or economic impact assessment report on which the Minister relies when making his decision be tested for veracity; and

(c) given that chapter 14 of the Strategic Assessment's terms of reference recommends the establishment of a peer review panel to assess the social and economic impact reports prepared in relation to the proposed Browse LNG proposal, has such a panel been established; if not: (i) is such a panel intended to be established, or (ii) how will the Minister satisfy himself that he has sufficient reliable information upon which to base a decision that could irreversibly impact on a range of matters of national environmental significance.

(2) Is the Minister aware of the many concerns raised by scientists and community groups as to the inadequacy of the scientific studies conducted for and relied upon by the proponent of the Browse LNG proposal.

(3) With respect to the assessment of sites outside the Kimberley for the proposed Browse LNG Precinct:

(a) is the Minister aware that the Strategic Assessments terms of reference require an analysis of feasible alternative locations for the Browse LNG precinct outside of the Kimberley;

(b) is the Minister aware that the only analyses of feasible alternative non-Kimberley locations for the Browse LNG precinct are: (i) the report Comparative Analysis of the Feasibility of Alternative Locations for the Development of a Liquefied Natural Gas Precinct, dated January 2009 (the GHD report) which is relied upon in the Strategic Assessment Report as Appendix B-7; and (ii) the Worley Parsons 'Browse Onshore LNG Precinct Siting Study', 2008 (the Worley Parsons report) which is relied upon within the Strategic Assessment Report as Appendix B-5;

(c) is the Minister aware that the then Minister of the Environment, Heritage and the Arts described the GHD report as 'a desk top review of opportunities and constraints associated with alternate brownfields sites - as such it is not a comprehensive nor definitive analysis...I am aware that additional investigations in relation to alternative sites are likely to be necessary...If necessary [we] will commission a further independent examination to enable a proper consideration of the merits of James Price Point in relation to other options';

(d) is the Minister aware that the Worley Parsons report addresses and dismisses the non-Kimberley options in just half a page; and

(e) does the Minister intent to require the proponent to prepare a comprehensive and definitive analysis of non-Kimberley sites prior to the Minister making his decision in relation to the Strategic Assessment of the Browse LNG precinct.

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

(1) (a) Section 146F of the EPBC Act requires the Minister to take into account the principles of ecologically sustainable development when considering economic and social matters in making a decision on whether to approve an action or class of actions in relation to the proposed Browse LNG project.

(b) The Minister will only make a decision on whether to approve actions in relation to the proposed Browse LNG project once he is satisfied all relevant matters have been appropriately addressed.

(c) (i) The final terms of reference under the strategic assessment agreement signed between the Australian and Western Australian Governments does not make any recommendation for the establishment of a peer review panel.

(ii) The WA Government is still finalising the Plan and strategic assessment report. Once finalised and submitted to the Minister for consideration, the Minister will determine whether the proponent has adequately addressed the strategic assessment terms of reference.

(2) Yes.

(3) (a) Yes.

(b) The WA Government is still finalising the Plan and strategic assessment report, which will include an analysis of economically and technically feasible options outside the Kimberley, as required by the strategic assessment terms of reference. The Minister will only make a final decision on whether or not to approve the proposed precinct once all matters relevant to the terms of reference have been appropriately examined.

(c) Yes.

(d) Refer to answer 3b.

(e) Refer to answer 3b.