The independent senator David Pocock has expressed “grave concerns” Labor is seeking to work around a court decision requiring more consultation with First Nations people on offshore gas developments.
Pocock made the comments at a Senate inquiry hearing on Thursday, at which Tiwi Islanders joined Mardudhunera activist Raelene Cooper in urging the Albanese government not to make changes they argue will allow gas companies to “ignore” their views.
In a bill largely about worker safety, the resources minister, Madeleine King, is seeking to preserve approvals for offshore gas projects, exempting them from reassessment if environmental laws are tightened.
The Environmental Defenders Office has warned there was a “real and imminent risk” consultation will be reduced “if the minister has a broad power to amend legislation or regulations without reference to national environmental standards”.
Therese Bourke, a Tiwi Islands traditional owner and senior of the Malawu clan, told the hearing she is “really worried” about the law, which would allow King to “ignore the environment minister” and to “change the laws we have worked so hard to have our human rights respected and honoured”.
Bourke said that through court action clarifying consultation requirements they had won “only a right to be told” about proposed projects, not “a right to say no”.
“Now you want to take that away from us and all Indigenous people across the country.”
“We live on an island surrounded by the sea and these gas projects are dangerous for our climate. We see the impact of climate change, water coming up quicker and further than in the past.”
Pocock told the hearing he was concerned the government was attempting to legislate around Tipakalippa, a case in which the full federal court sided with Tiwi Islanders who challenged Santos’s approval for the offshore Barossa project because of lack of consultation, for the benefit of gas companies.
Pocock also accused the government of “putting the cart before the horse” by legislating a new process for approvals before higher environmental standards, contrary to the recommendations of the Samuel review.
Dr Kirsty Howey, the executive director of Environment Centre NT, said the bill “creates a carveout” with “pretty much unfettered discretion” allowing the minister with a role “promoting the offshore gas industry” to change consultation requirements.
Earlier Samantha McCulloch, chief executive of Australian Energy Producers, said existing consultation rules were characterised by “ambiguity and uncertainty leading to significant delays, expense and consultation fatigue from traditional owners”.
Labor’s bill would retain “meaningful and comprehensive” consultation while providing “certainty”, she argued.
Michelle La Point, the general manager of asset development at Chevron Australia, said it was “important” for the government to be able to amend rules “without reducing” requirements for consultation.
Robert Jeremenko, the head of the industry and resources department’s oil and gas division, said that since 2014 project proponents only needed approval from the environment or industry department.
The bill “simply allows flexibility for improvements to the law, without automatically introducing that burdensome and bureaucratic process” of requiring approval from both, he said, allowing changes to be made “without breaking streamlining that has existed in law since 2014”.
Jeremenko said he appreciated the “genuine concern” that had been expressed, and the government was open to clarifying the intent of the bill.
On Wednesday the Greens leader, Adam Bandt, warned the law would “financially benefit” Santos, which lobbied for the changes, “by seeking to clear away whatever is getting in the way of constructing their massive Barossa gas project”.
In a statement Dorinda Cox, a Yamatji Noongar woman who is the Greens spokesperson for First Nations and resources, said: “Labor’s first move after the voice referendum is to silence First Nations voices who are trying to stop climate-destroying gas projects on their land and sea country.”
