Additional comments from the Australian Greens

Remarks from Senator Dorinda Cox

1.1Firstly, I would like to acknowledge the witnesses who came to the public hearing in Perth on the 26th of August 2024. Your evidence and the gift of your time are very much appreciated. I would also like to thank those who have made written submissions.

1.2It must be formally recognised that during the course of this hearing, respected Yindjibarndi elder and Ieramugadu leader Mrs Tootsie Daniel provided evidence to the committee. Mrs Daniel passed away suddenly on 24 November 2024. Her evidence included the spiritual and cultural connections to sea country for First Nations people of the Pilbara and the important need to protect it from inappropriate industrial developments.

1.3On the 28th of March 2025 the Prime Minister called a federal election for the 3rd of May 2025, which will cause this inquiry to shut down. It is my intention to reintroduce the Protecting the Spirit of Sea Country Bill 2023 to the new Parliament after the election. It is hoped the Bill will be re-referred to inquiry.

1.4It is important that the work of this inquiry is carried on. The evidence gathered so far will likely be available to the new inquiry, but we have only just begun the process of establishing the cultural importance of sea country and its place in law.

1.5The committee has conducted just one public hearing, and it has not gathered sufficient evidence to present a substantive report. I present here a case for the continuation of the important work conducted by the inquiry.

1.6The Bill seeks to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to prescribe consultation requirements with First Nations people when proponents are preparing environmental plans for proposed offshore energy projects. The concept of free, prior and informed consent, and the cultural values of sea country, must become part of the approvals process.

Key issues

Underwater Cultural Heritage

1.7Underwater heritage has gained prominence due to the recent work done by archaeologists, but First Nations people have always been aware that sea levels change and that cultural sites exist offshore.

1.8The environmental approvals process should include examination of underwater heritage, and those examinations should extend to ethnographic studies in addition to the archaeological studies currently being conducted.

1.9First Nations perspectives must be taken into account.

Lack of Consent

1.10The Bill takes the burden off Traditional Owners to challenge court decisions after they are made and instead shifts the responsibility to cash heavy companies who must make sure they run thorough and proper consultations before they act, rather than merely tokenistic or disingenuous consultation.

1.11In a Federal Court case, Traditional Owner and Mardudhunera woman Raelene Cooper successfully argued that she was not adequately consulted and that the offshore regulator NOPSEMA made a legal error by approving blasting by Woodside for their Scarborough gas project. The Bill could provide clarity in such cases.

The Northwest Shelf

1.12The committee’s continued work will be timely due to the proposed extension of the destructive Northwest Shelf project.

Senator Dorinda Cox

Participating Member

Greens Senator for Western Australia

Greens Spokesperson for First Nations