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New Consultation Requirements for Offshore Oil Projects Raise Concerns for Australian Producers


New Consultation Requirements Pose Concerns for Oil Producers

Major Australian petroleum producers are facing pressure regarding their consultation practices with Indigenous groups in relation to new offshore oil projects. The country’s Senate is currently investigating a bill that would impose stricter requirements on energy firms to consider Indigenous cultural heritage. The Protecting the Spirit of Sea Country Bill 2023 would mandate that energy companies obtain “free, prior, and informed consent” from Aboriginal groups before environmental plans are accepted. This consent must also align with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The bill covers a wide range of cultural heritage issues that could impact oil projects, including underwater, tangible, and intangible heritage.

Woodside Faces Scrutiny Over Engagement with Traditional Owners

During an inquiry on August 26, Woodside and Santos, two major energy companies in Australia, faced questioning about their engagement with traditional owners. Greens Senator Dorinda Cox raised concerns about Woodside’s lack of delegations or workshops during one of its projects. Sharon Reynolds, the head of First Nations and Human Rights at Woodside, defended the company’s engagement, stating that five team members had attended the relevant forum. While they did not set up stalls, they were actively involved and had been attending the forum for several years.

Independent Senator Lidia Thorpe questioned Woodside about whether they had informed the Indigenous community in Murujuga about the pollution damage caused by their gas project to the rock art in the region. Woodside Executive Vice-President Tony Cudmore responded by stating that there was no conclusive scientific evidence of the impact of their gas operation on the art. Reynolds added that Woodside had shared their research findings with the Murujuga Rock Art Monitoring Program, which was run by the Western Australian government and the Murujuga Aboriginal Corporation.

Bribery Allegations and Payment Controversy

Senator Thorpe also raised allegations of bribery, claiming that Australian Energy Producers (AEP) and Santos had paid members of the Northern Land Council to promote an oil project on the Tiwi Islands. AEP General Manager Victor Violante denied the allegations, stating that they were incorrect. Santos Group’s general counsel and Executive Vice-President Michael Abbott clarified that his company did not pay council members for their consent. He explained that appearance money was paid to compensate individuals for attending consultations but not for their consent or engagement.

Concerns About the Bill’s Impact

While Woodside acknowledged the importance of better consultation requirements, Vice-President Cudmore expressed concerns about the impact of the bill. He believed that the bill’s proposal to expand the definition of “traditional owners” and “knowledge holders” was too broad and inconsistent with the principles of UNDRIP. Cudmore also worried that the legislation would make it more difficult for oil projects to be approved, particularly regarding activities near underwater cultural heritage.

Josie Alec, a representative from the Australian Conservation Foundation, emphasized the bill’s significance for the Indigenous community. She stated that it would give a voice to the people and hold individuals and the government accountable. Alec further noted that the bill would make it easier for Aboriginals to have their stories heard and understood.

In conclusion, the new bill imposing stricter consultation requirements on energy firms has raised concerns among oil producers in Australia. While companies like Woodside have faced scrutiny over their engagement with Indigenous groups, there are also allegations of bribery. The bill’s impact on the approval process for oil projects and its potential to expand the definition of “traditional owners” are sources of concern. However, proponents of the bill argue that it is necessary to protect Indigenous cultural heritage and give Indigenous communities a voice.

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