Parliament Updates

29 March 2023

Offshore Petroleum And Greenhouse Gas Storage Amendment (Stop Pep11 And Protect Our Coast) Bill 2023

Ms STEGGALL (Warringah) (12:47): I seek leave to move the following motion:

1. That the House notes that:

a. in February this year, the Federal Court released consent orders in the litigation between the federal government and Asset Energy regarding the Petroleum Exploration Permit 11, which returned the project to further consideration by the joint authority;

b. in February 2021, under the previous government, the Prime Minister and many representatives of this current government categorically stated that PEP11 would not proceed under their government;

c. the quickest way to ensure that the licence is cancelled is by debating and passing the Offshore Petroleum and Greenhouse Gas Storage Amendment (Stop PEP11 and Protect our Coasts) Bill 2023;

d. passing this bill will reduce the risk of litigation based on apprehended bias and provide the government with a legitimate mechanism to cancel exploration in the PEP11 area permanently; and

e. the Prime Minister and the ALP voted to suspend standing orders to urgently bring on this bill for debate when in opposition.

2. That so much of the standing orders be suspended as would prevent private members business order of the day No. 17, the Offshore Petroleum and Greenhouse Gas Storage Amendment (Stop PEP11 and Protect Our Coast) Bill 2023, being called on immediately and given priority over all other business for final determination of the House.

Ms STEGGALL: I move:

That so much of the standing orders be suspended as would prevent private members business order of the day No. 17, the Offshore Petroleum and Greenhouse Gas Storage Amendment (Stop PEP11 and Protect Our Coast) Bill 2023, being called on immediately and given priority over all other business for final determination of the House.

This is an important motion. This motion must be debated today because it deals with vital issues—climate change, environmental destruction and the fate of the economy—for a significant portion of the east coast of Australia. We have just heard the resources minister and the shadow minister support further gas exploration. It is essential that this issue be resolved without delay, as so many in our communities demand it. Petroleum exploration permit 11, known as PEP-11, is a work bid permit granted under the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Petroleum exploration permit 11, PEP-11, is a licence for oil and gas exploration off our coast, covering some 4,575 square kilometres of ocean from Newcastle through to the Central Coast and down to Manly, coming as close at points as within five kilometres of our coast. The area covered is home to millions of people and significant biodiversity and is on a whale migration path. The community's wellbeing and local economy is tightly intertwined with the health of the ocean in this area.

Last month 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 so many others along the coast are strongly against this application, and while this was a headache for the previous coalition government—with a love of gas exploration, a focus on gas and local MPs threatened by this project—the irony is it now impacts all seats that are held by either Independents or Labor government MPs. So the Prime Minister now has a problem. He is on the record at numerous demonstrations and rallies, as are many members in this House, making an election promise to oppose this licence and project. Now they need to make good on that promise without delay.

This bill must urgently be debated because it will stop PEP-11 once and for all. When we hear statements in this House spruiking more gas exploration, it's incredibly important we deal with this issue without delay. This bill will ensure 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. Questions around bias and apprehended bias will be made by those proponents, and they will remain, given previous statements made by the Prime Minister, numerous members of government and those impacted along the coast. There is a high likelihood proponents of the project will pursue litigation against the government regardless of the final decision by the joint authority, in light of comments made in the lead-up to the election. It's open to the government now at any time to make laws enabling and excluding activities in certain areas.

This bill provides a much simpler and faster resolution of this issue. I urge the government and minister for resources 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. For so many reasons this should be debated without delay and this licence should not proceed. The project will affect communities from Newcastle, Shortland, Dobell, Robertson, Mackellar, Warringah and the broader Sydney coastal area. Our communities in the vicinity of PEP-11 know this and are adamantly opposed to any explanation or drilling for oil or gas. In February 2020 I tabled a petition of over 60,000 names calling for the cancellation of PEP-11. I've received hundreds of emails from concerned constituents. I thank Save Our Coast, Beyond Gas Network, Surfrider, Surfers for Climate and many other community organisations fighting against this project. Many are here today.

Once PEP-11 is resolved we must turn our attention to all other exploration licences, but for today it is urgent, particularly in light of comments made in this chamber, that we debate the PEP-11 bill. This bill is for the millions of people that are living near PEP-11. It's for their continued wellbeing and economic prosperity. It's for our amazing diversity of animals and marine life and to protect them from the ravages of an oil spill. This bill is for the climate and for our children. It speaks to our commitment to net zero by 2050, and it should speak to the government's commitment. I urge the Prime Minister and the government to support this motion, to debate this bill, to pass this bill and to stay true to that election promise.