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Parliamentary Questions


Question Without Notice No. 1289 asked in the Legislative Council on 4 December 2018 by Hon Robin Chapple

Parliament: 40 Session: 1

INDEPENDENT SCIENTIFIC PANEL INQUIRY INTOHYDRAULIC FRACTURE STIMULATION IN WESTERN AUSTRALIA — VETO RIGHTS

1289. Hon ROBIN CHAPPLE to the minister representing the Minister for Aboriginal Affairs:

I refer to the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia.

(1) Will the government legislate to give veto rights to native title holders and private landholders prior to any approvals for fracking?

(2) Will the veto apply to exploration fracks or only production?

(3) Can the minister confirm that the right of veto for Aboriginal people will rest with the native title–prescribed body corporate?

(4) Can the minister outline how the veto right will be applied for native title claims?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question.

(1) Our policy is clear: fracking production will be allowed only with the agreement of the landowner. Traditional owners will have the right to say no, or yes, to any fracking production on their land if that land is on existing petroleum titles. This can be achieved through a number of legislative mechanisms. We have asked the implementation group to consider the options and report back to us.

(2) Traditional owner agreement in relation to fracking being on traditional lands will apply to production activities. Exploration activity is different from production. It is low impact and temporary in nature. Exploration data enables landowners to make informed decisions about potential developments.

(3) Where native title has been recognised, the state government will refer to the provisions of the Native Title Act 1993 and the role of prescribed bodies corporate.

(4) Please refer to the response to part (1) of this question.