Background notes followed by requests on major climate issues and projects developed for a meeting with Josh Burns the Federal Labor MP for Macnamara. While the climate emergency is worsening (see the latest Breakthrough Research) our requests are 1) immediately actionable by the Federal Government acting within existing legislation or 2) require legislative change as currently planned for by the Federal Government.
EPBC Act and Safeguard Mechanism – requiring legislative change
The Government’s position that the Safeguard Mechanism addresses climate issues and that the EPBC act should not address climate should be reviewed by the Government.
The Safeguard Mechanism only addresses emissions of top 25% of emitters and only domestic emissions and is only a mechanism for controlling those domestic emissions. The federal government currently has no power to refuse a project on the grounds of its climate impacts. A reformed EPBC Act could and should contain those powers. Both Queensland and NSW authorities have these powers and routinely use them. There are many options for what can count as a ‘climate trigger’ in the EPBC Act. Is the government canvassing and considering these?
International Court of Justice advisory opinion
Has the Federal Government noted the Court’s opinion regarding responsibilities of states climate obligations? It is particularly relevant given the case was brought by students from Vanuatu.
OUR REQUEST is that you bring this decision to the attention of your parliamentary colleagues and to the relevant ministers. It could provide further legitimacy to changes to the EPBC Act and to strengthening Australia’s 2035 targets.
Action on Fossil Fuel Projects – within current legislation
Western Australia – North-West Shelf
We’ve requested you urge the Minister for Environment and Water
- Wait to repair EPBC act before assessing the Northwest Shelf project. The scale of the NWS project its impact on climate, environment, and cultural heritage warrants proper assessment and that assessment regime is not in place.
- Publish the conditions that it is requiring Woodside to meet now and not after the Woodside has responded to these conditions
- Provide an opportunity for public comment after Woodside responds to the conditions the Government has set.
Both the second and third request are allowable under the current provisions of the EPBC Act. It was reported there are serious deficiencies in the reporting of the impacts on rock art (cultural heritage) – hence the need for further public comment before a final decision is made.
OUR REQUEST is you rally your colleagues to urge the Minister for the Environment to undertake the above steps.
Western Australia – Offshore Browse Basin
The offshore Browse Basin, if allowed to go ahead, would provide the onshore North West Shelf processing plant with the gas for LNG processing until 2070, with emissions projected to be of the order of 4 billion tons ( Australia’s annual domestic emissions which so much effort is rightly involved in reducing is 0.5 billion). The impact on Matters of National Environment Significance associated with Scott Reef should mean the project will not be approved. It’s reported that the Minister for the Environment is to decide this year whether this project will be approved.
OUR REQUEST is that you work with your parliamentary colleagues to ensure the Minister assesses the project after a repaired EPBC act containing standards for adequate consideration for climate impacts are legislated.
Western Australia – Franking the Kimberly
Estimates of fracking the Kimberly are up to 40,000 wells with the gas piped to the Northwest Shelf for LNG processing. The climate, environment and devastation to country cannot be overestimated.
The proponents of the current Valhalla Fracking Project have referred the project for assessment under the water trigger provisions of the EPBC Act. However, the assessment process will only be the proponent’s documents rather than a substantive assessment on the impacts of water in the Kimberly. This is completely inadequate.
OUR REQUEST is that you check with the Department or Environment whether the more substantive assessment through public inquiry is still possible and if not request the Minister reject the Valhalla proposal.
Northern Territory – Beetaloo
The two exploratory fracking projects in the Beetaloo Basin, unlike the WA Valhalla project, have not referred themselves for assessment and have yet to be called in by the Minister for Environment for assessment under the EPBC Act. They are proceeding with Tamboran announcing to the ASX that horizontal drilling is starting. This is despite a catalogue of negative impacts on environment and indigenous culture – significant now, but also a harbinger of the future if production was to ramp up. It is also despite the removal of regulatory constraints by the NT LCP government which leaves the only government body with the capacity to assume responsibility for safeguarding country and culture in the NT being the Federal government through its powers under the EPBC ACT.
We provided a paper to you prior to the Federal election showing the Independent Expert Scientific Panel’s report was far from being an approval of the current exploratory fracking projects in the NT. You said you would seek an official response to the paper from the Department of the Environment and Water. If stalled during the election period, we request the process be reactivated. As we understand it, one difficulty the Minister may have in calling in both the Tamboran and Empire projects is that Significant Impact Guidelines have not been revised since the EPBC was amended to incorporate unconventional gas as a Matter of National Environment Significance. If this is an obstacle to calling in the projects the guidelines should immediately- and very belatedly- be revised. We also understand that research and development funds have been provided to Tamboran and BEA/Empire under the R&D cash rebate scheme administered by the Department of Industry and we request this funding cease.
OUR REQUEST is that you obtain 1) an official response from the Department of the Environment to our paper 2) rally your colleagues to urge the Minister for the Environment to call in the two fracking projects and 3) to urge the Minister for Industry to cease any funding for the projects.
Northern Territory – Bonaparte Basin
The Federal Government has given major project status to Inpex Bonaparte Carbon Capture and Storage project. The Inpex project description gives the impression that Carbon Capture and Storage (CCS) is an unproblematic technology when in fact (despite the extraordinary investment in the technology) there is virtually nowhere in the world where CCS is either technically or commercially viable. However, the promotion of the project will provide cover 1) for the climate destructive emissions projects of Beetaloo and Barossa (which both need to commence as net zero) and, 2) cover also through claims that CO2 could be imported from Japan and South Korea for the scope 3 export emissions.
OUR REQUEST is that you urge your Government instigate an independent review of CCS.
Northern Territory – Middle Arm
The Bonaparte Basin carbon dumping project also reinforces the direction of Darwin’s Middle Arm as a gas hub with the Middle Arm proposed as the processing centre for the project. Both Inpex and the CSIRO are involved in Middle Arm would be the hub for LNG processing from Barossa, Beetaloo and other potential offshore fields. The carbon dumping project, even while never likely to go ahead, also providing timely cover for these new massive gas projects to go ahead.
OUR REQUEST is that you put the case to your colleagues that Commonwealth funding for Middle arm be redirected to the projects identified in the Recharging the Territory report.
In Summary
Along with the Federal Labor Government’s gas strategy, the conditional approval for the North West Shelf project, the multi billion dollar federal subsidy to a gas hub (‘equity funding’) and now the Bonaparte carbon dumping project, all signal that the Federal Labor government is not about turning the Australian Petro state ship around at all, but going full steam ahead as a Petro state while greenwashing the reality. The Morrison government five Basin plan has really not missed a beat under the Labor government.
What is the role of Labor’s Climate champions in this context?
On a positive note – Offshore windfarms in Victoria
Federal support is needed for Victorian Offshore windfarms with a tender process possibly beginning in September. This should not be delayed. Victoria is the most advanced state in Australia for progress on the windfarms and should provide proof of concept for offshore windfarms all around the country. See the relevant open letter from Friends of the Earth.
OUR REQUEST is you assist the Victoria State minister for Climate Action obtain federal support to progress the windfarm tender process
Peter Moraitis