Larissa Waters questions regulators on Clive Palmer’s environmental credentials
Transcript:
Senator WATERS: First I have some questions about the Waratah Coal approval in the Galilee Basin. When that approval was given was the department aware that one of Mr Palmer’s other companies—Queensland Nickel Pty Ltd—had been involved in substantial controversy in dumping toxic waste in the Great Barrier Reef without permission on two occasions?
Mr Knudson: We were aware.
Senator WATERS: Were the department or the minister also aware that the Queensland environment department had placed an environmental protection order against Waratah Coal in relation to exploration drilling holes on that same site? Were the minister or the department aware of that when the minister approved that coalmine?
Mr Knudson: I am going to ask Mr Gaddes, who is in charge of compliance and enforcement, to come to the table.
Mr Gaddes: Yes, we were aware that that had occurred. We had a case that we investigated. We did not deem that it was a significant impact that warranted further investigation. As a part of looking into that matter we established that the Queensland government had put a protection order over Waratah.
Senator WATERS: Did you advise the minister of that EPO?
Mr Gaddes: I am not sure. I do not prepare those briefs.
Mr Knudson: It is standard practice that, whenever we are briefing the minister on an EPBC decision, we will include a brief of the proponents’ environmental history.
Senator WATERS: Thank you. That goes to my next question. What criteria do the department use to assess whether a proponent is a fit and proper person as per the test under the EPBC Act, particularly as regards their environmental history?
Mr Gaddes: When requested, we would report any of the non-compliances that we have and anything we are aware of from a state basis as a part of that process. I am not sure how that gets fed into the advice to the minister.
Senator WATERS: My question goes to what criteria you use to determine whether a person is a fit and proper person to hold an EPBC approval as you are required to determine under the act.
Mr Knudson: I think what Mr Gaddes was pointing out was that there are a couple of places where we look explicitly: are there any particular compliance or enforcement actions that have been undertaken against the
individual or his entity, and is there any knowledge that we would have with regard to state-level actions. But I suggest that, to make sure we give you as fulsome an answer as possible, we come back to you with a more detailed explanation of how that is taken into account.
Senator WATERS: Thank you. I would appreciate that, because they seem to be fairly gross breaches and, if that does not meet the criteria, I am interested in what those criteria are. Thanks for taking that on notice.