An Indigenous activist who took on Woodside in the federal court has accused Labor of seeking to “silence Aboriginal voices” over changes that may water down consultation requirements for offshore gas development.
Raelene Cooper, a Mardudhunera woman and founder of the organisation Save Our Songlines, has spoken out about a bill that aims to preserve approvals for offshore gas projects against reconsideration if rules are tightened in future.
The offshore petroleum and greenhouse gas storage amendment, introduced by the resources minister, Madeleine King, on Thursday, has also prompted warnings from the Environmental Defenders Office and the Greens, who claim it will help fast-track gas projects.
King has rejected the claims, insisting there is no change to assessments and environmental standards will not be watered down.
In a bill largely about worker safety, the provision of concern is described in the explanatory memorandum as designed to “provide certainty to stakeholders” that existing approvals will “remain effective” after changes to environmental regulations.
In a brief for environmental stakeholders, the EDO said “it appears that rules or processes could be substantially changed and there would be no need to reconsider or reissue accreditation” for offshore gas.
The EDO explained that neither the existing law nor the proposed nature positive reforms overseen by the environment minister, Tanya Plibersek, “allow changes to an approved policy, plan, or program without oversight”.
“In contrast, this bill does not include an equivalent safeguard. In fact, it appears to directly override oversight and scrutiny.”
The EDO warned there was a “real and imminent risk that standards for community consultation may be reduced” and that the offshore gas industry could face lower standards than other industries “if the minister has a broad power to amend legislation or regulations without reference to national environmental standards”.
Cooper said: “Just months after the voice failed, [the government is] undermining their own review process and sneaking things into legislation to avoid consulting with traditional custodians.”
A former chair of the Murujuga Aboriginal Corporation, Cooper previously asked the federal court to stop Woodside’s seismic blasting for the controversial $16.5bn Scarborough gas development due to inadequate consultation of traditional owners.
She noted that King’s review of the National Offshore Petroleum Safety and Environmental Management Authority was not complete. She argued that the minister had “completely pre-empted it by introducing new laws to make it easy to sidestep regulations and whitewash community concerns”.
“It is shameful the government is using a bill designed to protect workers … to wipe out environmental approvals.
“This is just another move designed to cut Aboriginal people out of decision-making and to silence Aboriginal voices.”
Environmental stakeholders are concerned that King’s bill responds to industry pressure to water down consultation requirements after two high-profile litigation cases – Cooper’s challenge against the Scarborough development and a Tiwi Islander challenge against Santos’s $5.8bn Barossa offshore gas project in 2022 – slowed down the approval process.
The Greens resources and First Nations spokesperson, Dorinda Cox, said the cases relating to the Barossa and Scarborough gas projects “showed the clear need for stronger consultation”.
“This is about the Albanese government and the minister for resources gaining support from the Coalition for changes to the petroleum resource rent tax,” she said.
In November the Coalition revealed four demands in return for helping Labor pass PRRT tax changes which are struggling to win crossbench support due to the fact they don’t raise extra revenue or tackle deductions. The demands included reforming the offshore environment regulations to provide clarity on consultation requirements and restart offshore gas investment.
Sarah Hanson-Young, the Greens environment spokesperson, said King’s “attempt today to bypass our already weak environment laws undermines minister Plibersek’s commitment to strengthen them and listen to the community”.
“What is the point of reforming our environmental laws when this power could allow the resources minister to bypass and ignore them?”
Hanson-Young said the change “should be dumped immediately” and that the Greens would refer the bill to a Senate inquiry.
A spokesperson for King said “there will be no fast track for offshore projects”.
“This bill does not change the legal requirements for consultation for offshore projects.
“The government is consulting on ways to make consultation clearer for offshore resources projects. Environmental organisations, First Nations groups, industry, and resources companies have all told us that our system of consultation is not working effectively.
“We are happy to work with stakeholders on sensible amendments to the current bill, to give everyone further confidence about the intent of the changes.”
