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It was left to the independent Member for Warringah, Zali Steggall, to lead the fight against the revival of the PEP11 offshore gas exploration licence in federal parliament this week.
By Jacquelene Pearson
The Albanese Government and Asset Energy reached an agreement on February 3 to end ongoing litigation relating to the PEP-11 offshore gas exploration and drilling licence and have filed proposed consent orders with the Federal Court of Australia.
The following day, Member for Robertson, Dr Gordon Reid said that the Central Coast had been loud and clear for a number of years and that the community unequivocally rejects PEP-11.
“It is not welcome on the Central Coast, or on any part of our beautiful coastline,” Dr Reid said. “As your local Federal Member, my position on PEP-11 has not changed. The Central Coast understands that PEP-11 is detrimental to our sensitive marine environment and will compromise our coastal region.
“The ghosts of Scott Morrison, the former Member for Robertson, and the Liberal-National Party, are continuing to haunt the Central Coast,” he said.
MPs up and down the Coast between Newcastle and Wollongong issued similar statements.
A statement from Bounty Oil and Gas released on February 13 declared that it expected a judgement and reasons for decision by the Federal Court in the matter between Asset Energy and the Commonwealth Minister for Resources would be handed down on February 14 at 9:15am Perth time or 12:15pm eastern summer time.
When she announced the agreement with Asset Energy on February 3, Resources Minister Madeleine King said, “Should the Federal Court of Australia accept the proposed consent orders, the PEP-11 decision will be returned to the Commonwealth-New South Wales Offshore Petroleum Joint Authority for consideration.
“In the first instance, the Government of New South Wales, as the New South Wales member of the Joint Authority, will consider its position in relation to the project as a relevant decision maker under the Offshore Petroleum and Greenhouse Gas Storage Act (2006),” Minister King said.
“The Commonwealth will then consider the matter once the New South Wales member of the Commonwealth-New South Wales Offshore Petroleum Joint Authority has considered the matter.”
Asset Energy had commenced proceedings in the Federal Court to challenge Scott Morrison’s decision to refuse applications in relation to PEP-11.
Asset Energy commenced proceedings following the revelation that Mr Morrison had secretly sworn himself to the resources portfolio and to four other departments of state without disclosure to his Cabinet colleagues or to the public.
The Bell Inquiry confirmed the Solicitor-General’s conclusion that the principles of responsible government were “fundamentally undermined” because Mr Morrison was not “responsible” to the Parliament, and through the Parliament to the electors, for the departments he was appointed to administer.
The consent orders, if granted, will vacate Mr Morrison’s decision to refuse applications in relation to PEP-11, and return the PEP-11 application to the Commonwealth-New South Wales Offshore Petroleum Joint Authority for a new decision.
“I assure Australians that any decisions that I take as the Federal Minister for Resources will always be based on sound evidence and in accordance with the law. Australians quite rightly expect this of their elected leaders.
“I am not going to provide an ongoing commentary on future official decisions that come before the Joint Authority, whether in relation to PEP-11 or any other matter.”
The Independent Member for Warringah, Zali Steggall, does not appear willing to leave the future of PEP11 with existing law.
On February 13, she read her Offshore Petroleum and Greenhouse Gas Storage Amendment (Stop PEP11 and Protect Our Coast) Bill 2023 for the second time in the House of Representatives.
“Petroleum Exploration Permit 11, known as PEP-11, is a licence for oil and gas exploration off our coast, covering some 4,575 square kilometres of ocean from Newcastle, through the Central Coast and down to Manly, coming as close as within five kilometres from our coast in some areas,” Steggall said.
“The area covered is home to millions of people and significant biodiversity and is a whale migration path.
“The community’s wellbeing and local economy is tightly intertwined with the health of the ocean in this area. Last week, the Australian government and Asset Energy agreed in legal proceedings to set aside the decision made by Scott Morrison in 2022 when he secretly took on the additional portfolio of resources.
“This means the application to extend and vary the PEP-11 licence is back before the federal minister for determination. The Warringah community and other communities along the coast are all strongly against the application and outraged at this turn of events.
“Whilst this was a headache for the previous coalition government, with a love of gas but local MPs threatened by this project, the irony is that now all impacted seats are either held by Independents or Labor MPs.”
According to Steggall, that means the Prime Minister has a problem.
“He is on the record, at numerous demonstrations and rallies, and made an election promise to oppose this project. So now he needs to make good on his promise,” she said.
“The question now for Prime Minister Albanese is: will he abandon our communities or will he stop PEP-11 once and for all by supporting this bill?” she asked.
Ms Steggall said her Bill would stop PEP-11 once and for all.
“It will ensure that no future applications for any reason can be granted by the joint authority or titles administrator for the area covered by PEP-11. Without changes to the legislation, the joint authority’s decision could be subject to further review or challenge, and questions around bias of decisions would remain given previous statements made by the Prime Minister and members of the Labor government,” she said.
“There is a high likelihood that the proponents of the project will pursue litigation against the government regardless of the final decision by the joint authority in light of all the comments that have been made.
“This bill states there can be no granting of any new licence or extension to an existing licence to extract oil and gas in the PEP-11 area. It also prohibits any such licence being granted in the future. So this permanently and clearly settles the issue for our communities.
“I urge the government to consider the merits of pursuing this route to cancellation rather than the joint authority process. Our communities were promised that this licence would not proceed. The government must deliver on its promise.”
“This project has huge opposition from our communities—from Newcastle, Shortland, Dobell, Robertson, Mackellar and Warringah. Our communities in the vicinity of PEP-11 know all this and are adamantly opposed to any exploration or drilling for oil and gas.
“The fact that we are here again discussing PEP-11 is the source of significant frustration and anger in our communities. I’d like to thank Save Our Coast, Surfrider, Surfers for Climate and the many other community organisations that have fought against this project.
“Once PEP-11 is resolved, we must turn our attention to all other exploration licences around our beautiful country. We must ban seismic testing off our coastline to protect our marine life.”
