Keys to successful negotiation of indigenous land use agreements and building consent for the development of natural resources, The Great Sandy Desert Project, a case study
Jop van Hattum A D , Martin (Kusi) Bin-Rasheed B and Graham Castledine CA Theia Energy Pty Ltd, South Perth, Australia.
B Karajarri Traditional Lands Association, Broome, Australia.
C Castledine Gregory, West Perth, Australia.
D Corresponding author. Email: j.vanhattum@theiaenergy.com
The APPEA Journal 61(2) 516-521 https://doi.org/10.1071/AJ20176
Accepted: 25 March 2021 Published: 2 July 2021
Abstract
Theia Energy Pty Ltd discovered a substantial hydrocarbon resource in the Canning Basin, NW in Western Australia, just 150-km SE of Broome. Since 2014, Theia Energy has built a robust working relationship with the traditional owners of the land that hold native title over their permits. This relationship has developed through negotiation meetings, on-country cultural heritage surveys and cultural awareness training. The relationship has culminated in the negotiation of indigenous land use agreements (ILUA) with the Karajarri People that manage the impacts of potential development of the resource including the impacts of hydraulic fracture stimulation, and provide significant economic development opportunities. The consistent exchange of information and views has developed mutual understanding and respect allowing for the effective and pragmatic treatment of risks to allow for the exploration, and if successful the development, of the onshore Canning Basin. The Great Sandy Desert Project has the potential to bring substantial benefits to regional communities and is significant for economic development of the West Kimberley, state revenue and national liquid fuel security. This study discusses important lessons learned in building trust with traditional owners and custodians of the land and how cultural values can be protected while providing social and economic opportunities for Indigenous Australians in a sustainable and culturally appropriate way. It reflects on the outcomes of the many scientific inquiries into hydraulic fracture stimulation and the perception of risks and impacts of traditional owners which must be addressed in a genuine, meaningful and effective way. It also sets out how traditional owners have, through the negotiation of the ILUA with Theia Energy and in the absence of clear policy from Government, chosen to establish their own system of regulation and economic participation in the project to address and manage risks and impacts from the development of resources on their country.
Keywords: working with regional communities, traditional owners, native title, indigenous land use agreement, cultural heritage protection, social licence, environmental management.
Jop van Hattum is the Chief Operating Officer at Theia Energy Pty Ltd. He became involved with the firm in 2018 after serving as the Senior Director Petroleum Technology and Operations for the Northern Territory Public Service preceded by a distinguished career in the upstream petroleum industry in Australia and internationally. He has broad experience in Petroleum Engineering, Project Management, Operations Management, Commercial Law and Business Management. Jop holds post-graduate qualifications in Petroleum Engineering from Delft University of Technology in the Netherlands, Business Administration and Commercial Law from the University of Melbourne. He is a Fellow, Chartered Professional Engineer and Engineering Executive with the Institute of Engineers Australia. |
Martin (Kusi) Bin Rashid is a long-standing board member of Karajarri Traditional Lands Association and assumed the position of Chief Executive Officer in July 2020. Better known as ‘Kusi’, he has held several positions in the private sector, government public service and Aboriginal organisations in the area of management, indigenous engagement, business development, negotiations, procurement and cultural advisory. Kusi holds a Bachelor’s Degree in Indigenous Community Management and Development from Curtin University in Western Australia. |
Graham Castledine was admitted as a practitioner of the Supreme Court of Western Australia in 1987. Since then, he has advised and represented clients in a variety of areas including administrative law, local government and town planning, environmental law, native title and Aboriginal heritage issues. His experience includes appearing for clients in various Courts and specialist tribunals. Graham has represented parties in a variety of negotiations and mediations and has conducted numerous successful mediations since becoming an accredited mediator in 2005. He is a member of the Resolution Institute and the Alternative Dispute Resolution committee of the Law Society. Graham is also accredited under the newly established National Mediator Accreditation System. In 2007, Graham was the inaugural winner of the Attorney General’s Community Service Law Award in recognition of his outstanding pro bono service to the Western Australian community. |
References
Government of Western Australia (2018). Government introduces strict new controls for hydraulic fracturing (media statement, 27 November 2018). Available at https://www.mediastatements.wa.gov.au/Pages/McGowan/2018/11/Government-introduces-strict-new-controls-for-hydraulic-fracturing.aspxGovernment of Western Australia (2019). Implementation of the government’s response to the independent scientific panel inquiry into hydraulic fracture stimulation in Western Australia (2019). Available at https://www.hydraulicfracturing.wa.gov.au/implementation-plan/
Hatton, T., Commander, P., McKenzie, F., Wright, J., and Clennell B. (2018). ‘Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia: Final Report to the Western Australian Government’. Available at https://frackinginquiry.wa.gov.au/
United Nations (1948). ‘Universal Declaration of Human Rights’. Available at https://www.un.org/en/about-us/universal-declaration-of-human-rights
United States Environment Protection Agency (US EPA) (2015). ‘Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing Water Cycle on Drinking Water Resources in the United States (Final Report).’ Available at https://www.epa.gov/hfstudy
