EXCLUSIVE
By PETER ROWE
A hearing into the protection of the spirit of Sea Country in Perth has revealed that agreements made between the WA State government and the oil and gas industry ‘gagged’ traditional owners from making any future objections to the industrial development of land in the State’s north-west.
“Current and successive governments have failed to consider the importance of First Nations peoples connection to Sea Country, as it is on land, WA Greens Senator Dorinda Cox, who attended the inquiry, said.
“This includes ancient songlines, sacred places and the connection to biodiversity in Commonwealth waters.”
Senator Cox said the Protecting the Spirit of Sea Country Bill was necessary “after the high court challenge of the Tipakalipa case in the NT, which was the challenge to Santos’s Barossa Gas project and many others that continue to use the legal processes to express the lack of legal protection to our rights and our responsibilities as custodians to this country.”
These proposed changes include the requirement for appropriate and adequate consultation processes with First Nations Traditional Owners, something Senator Cox has said did not happen in 2003 when the State government forged a deal with a number of organisations including the Yamatji Marlpa Aboriginal Corporation – and key oil and gas industry stakeholders.
YMAC’s chief executive at that time was current WA Premier Roger Cook.
“Without stand-alone Commonwealth Aboriginal Cultural Heritage legislation promised by this Labor Government at the last election, we will continue to see the destruction of First Peoples rights to land and waters and ultimately their identity,” Senator Cox said.
“This has had disastrous results for people in the Pilbara, as we heard yesterday when the WA State Government put gag clauses into agreements many years ago to stop them from challenging industrial development in the Burrup, it’s now time to fix this.
“Water connection through sea country and inland to our river systems are critical to our survival, everyone’s survival in Australia.
“We have kept this country safe without destruction for 1000s of generations and we want to continue this – cause we know once it’s gone we can’t get it back, but we are being silenced by Governments and gas corporations who only care about profit.”
The Environment and Communications Senate Committee will conduct public hearings on the Protecting the Spirit of Sea Country Bill to make proposed amendments to The Offshore Petroleum and Greenhouse Gas Act.
This would allow for and require free, prior and informed consent to be gained and for First Nations people to be considered as relevant people under the OPGGS Act.
There will be hearings in the Tiwi Islands, Darwin, Cairns and Melbourne in the coming months.
Read the deed here: https://database.atns.net.au/agreement.asp?EntityID=1920