SUBMISSIONENVIRONMENTAL DEFENDERS OFFICE NTSUBMISSION ON THE GREEN PAPER ON DEVELOPING NORTHERN AUSTRALIA18 AUGUST 2014

SUBMISSION i

SUBMISSION ii

Table of Contents

SUBMISSION...................................................................................................................1

EXECUTIVE SUMMARY.................................................................................................1

COMMENTS ON SECTION A.........................................................................................2

COMMENTS ON SECTION B.........................................................................................3

COMMENTS ON SECTION C.........................................................................................5

COMMENTS ON SECTION D.........................................................................................6

SUBMISSION

iii

SUBMISSION

EXECUTIVE SUMMARYThe Australian Network of Environmental Defender’s Offices (ANEDO) has recently made a submission to the Joint Select Committee on Northern Australia – Inquiry into the Development of Northern Australia.i EDONT adopts that submission and it should inform the major comments EDONT has on the approach to the development of Northern Australia.

The EDONT notes the significant value, to all Australians, in preserving the relatively pristine environmental systems within the Northern Territory and prefaces all of our comments by noting that ensuring environmental sustainability and intergenerational equity should take primacy over short-term economic goals.

In addition to the submission referenced above, EDONT has some additional comments flowing from the ‘Green Paper on Developing Northern Australia’. Broadly they are as follows:

Conservation of biological diversity should be the primary consideration of broad policies to develop northern Australia.

Damns should not be considered, and instead development of the North should be focused on sustainable industries which require

Government, at both Commonwealth and Territory level, should provide a greater impetus for investment in clean and renewable energy. EDONT notes the comments in the ‘Green Paper’ which note the NT’s potential in relation to renewable energy.

Engagement with indigenous Australians should be done in an effective manner and ensure that all communities have a voice to express their desire for the development of their particular part of northern Australia.

SUBMISSION 1

State and Territory Governments will need to be adequately resourced to ensure that increased development does not lead to poor environmental outcomes.

Sites of cultural significance and sacred sites should be explicitly referenced in policy development.

Non-mining industries should be prioritised as the north of Australia moves toward a more sustainable future.

Legislation should ensure that government decision makers are held accountable by the inclusion of third party appeal rights and open standing provisions.

COMMENTS ON SECTION A

EDONT welcomes the Green Paper’s recognition of the importance of water management in the Northern Territory. Particularly we note that the Green Paper acknowledges the gaps in understanding of ground and surface water systems in northern Australia.ii EDONT encourages further scientific studies be undertaken prior to large water allocations, and prior to investment in infrastructure, which may have significant impacts on ecosystems, indigenous cultural values and places of significant amenity and tourism value.

EDONT notes with concern the apparent push in the Green Paper to construct damns within the Northern Territory.iii

EDONT believes that the presence of ‘sacred sites’ and sites of cultural significance should be given more weight in terms of policy development and actual development in the Northern Territory. We note, in particular, with relation to the issue of water licences, the near complete absence of proper consultation with indigenous representative bodies and communities.

EDONT notes with concern that the ‘Green Paper’ talks extensively about emphasizing “low or no cost actions, as well as more effective and efficient use of existing funding to deliver more meaningful results”. iv The EDONT is particularly concerned about the apparent reliance on private enterprise to regulate itself. Numerous failings, particularly in the resource extraction sector, have seen devastating impacts on the environment and, often, on remote indigenous communities.v These past experiences highlight how irresponsible it would be for a push to develop the north to not be coupled with extensive resourcing of government departments to ensure compliance with regulatory regimes. We note the comments

SUBMISSION 2

of the Northern Territory Environmental Protection Authority in its recent report on Redbank Copper Mine which detailed both government and industry failures with respect to environmental management.vi

The EDONT strongly recommends that the Commonwealth Government retain approval oversight for actions in the Northern Territory, which may have an impact on matters of national environmental significance.

Case study: We asked some of our indigenous clients what they would like to see for the development of northern Australia. Broadly they responded that, in their view, mining was the worst kind of development for them. They do not want it. They have a strong desire to protect their land, to continue to hunt on their land and to continue to practice their traditions. It is important to them to pass those traditions to their children and to ensure that their language and culture remain strong.

In terms of economic development, they want to be self-sufficient on their land. They are interested in community operations run by them taking advantage of tourism opportunities with art, culture and a potentially a café and community garden. They want to run their land themselves and ensure that its environmental and cultural values are protected for future generations.

COMMENTS ON SECTION B

EDONT submits that legislative instruments, such as the Renewable Energy Target under the Renewable Energy (Electricity) Act 2000, should be used to drive investment in renewable energy. EDONT submits that the Northern Territory’s natural advantages provide the ideal location for significant investment in renewable energy.

SUBMISSION 3

EDONT notes the significant trends internationally to move towards renewable energy and submits that these shits provide a real opportunity for northern Australia to be at the forefront of sustainable energy sources. We note for example the following:1. France’s government will take a Bill to Parliament this autumn which will see it

more then double the percentage of renewable energy used in the overall energy scheme to 32%.vii

2. Bangladeshi women are being retrained as solar technicians; the country now has the fastest growing solar sector in the world with 2 million households fitted with solar power units.viii

3. Germany is embarking on an impressive and ambitious energy transformation which has seen energy produced by renewable sources provide more than 28% of its power in the first half of 2014. ix

In addition to providing incentives for investment in renewable energy, the EDONT encourages the government to recognise the real cost of pollution which results from the burning and use of non-renewable energy sources.

EDONT welcomes the recognition of the north of Australia as an “attractive and stable location for energy projects”.

EDONT is particularly pleased about the ‘Green Papers’ recognition of the need to grow non-mining related investment. x EDONT also recommends that mining impacts to the society be examined holistically. This would include assessments of tax payer contributions required to maintain roads that are impacted on by heavy vehicles, social and mental health impacts (particularly to remote communities).

EDONT notes with concern the expansion of the Xstrata mine at McArthur River and argues that this mine represents a good example of both industry and government failure in relation to environmental managementxi.

In relation to non-mining related industries, EDONT is concerned that sustainable industries are given priority and recommends that legislation should be amended to require decision makers to consider the suitability of particular industries in the Northern Territory. An example of this is the use of ‘non-traditional’ crops such as chia and sandalwood. Recently, large water extraction licences have been provided to such industriesxii. These allocations have been provided outside of the Water Allocation Process suggested by the National Water Initiative. EDONT

SUBMISSION 4

suggests that broader powers be given to the National Water Commission to allow enforcement of provisions of the Intergovernmental Agreement on the National Water Initiative.

EDONT supports the recognition in the ‘Green Paper’ of the contribution the conservation and natural resource management sector makes to the northern Australian economyxiii. EDONT submits that further investments in these programs, driven by legislation requiring better environmental management provides excellent opportunities for increased employment activities. EDONT notes particularly the excellent success of these industries (for example, ranger programs and fire management programs) in employing indigenous north Australians.xiv

EDONT supports the recognition in the ‘Green Paper’ of the fact that north Australia’s landscapes are integral to the lifestyle of northern Australians. Further that connection to country is an important part of indigenous culture (though we would say that connection to country is an indivisible part of indigenous culture). We also note the recognised importance of boating and recreational camping and fishingxv.

COMMENTS ON SECTION C

EDONT believes that climate change impacts should be referenced explicitly as a barrier to development in northern Australia. We note that the Northern Territory currently has no climate change adaptation plan to assist decision makers to take climate change impacts into account when making decisions. The Commonwealth Government should continue to play an active role in ensuring that northern Australia is preparing for climate change impacts in the face of the Northern Territory government’s inaction. We note the excellent contribution of the National Climate Change Adaptation Research Facility in providing reports to assist adaptation in the Northern Territoryxvi.

SUBMISSION 5

We emphasise the relative immaturity of the Northern Territory’s environmental protection legislation, particularly the lack of third party appeal rights. This acts as a barrier to development by reducing the quality of decision making and decreasing public perception of the transparency of the processes leading to development decisions.

Legislation across northern Australia should also provide for open standing provisions to allow for greater scrutiny of development decisions.

COMMENTS ON SECTION D

EDONT reiterates comments made at the beginning of these comments, that there is a benefit to Australia as a whole in ensuring that the northern Australian pristine environmental systems retain their excellent biodiversity values.

EDONT is concerned that, in the Northern Territory, there are insufficient resources for the government to enforce the environmental regulations which are in place. This becomes an even greater concern with a concerted push to develop the north via low or no cost actions. EDONT again reiterates the importance of the Commonwealth government retaining a role in the approval of developments, which may have an impact on matters of national environmental significance. This is particularly true of any ‘nuclear actions’.

In relation to tax schemes, priority should be given to providing tax incentives for renewable energy schemes.

SUBMISSION 6

SUBMISSION 7

i ANEDO Submission to the Joint Select Committee on Northern Australia – Inquiry into the Development of Northern Australia, 14 March 2014. http://www.edo.org.au/policy/20140314-Submission-to-the-Joint-Select-Committee-on-Northern-Australia-Inquiry.pdf ii Australian Government, Green Paper of Developing Northern Australia, 2014, at xiviii ibid ii, at xviv ibid ii, at xiiv http://www.mininglegacies.org/category/legacy-mines/ vi http://www.ntepa.nt.gov.au/news/2014/redbank-report-released vii http://www.energydigital.com/renewables/3483/France-Allocates-10-Billion-for-Renewable-Energy-Projects viii http://www.worldbank.org/en/news/video/2013/08/06/bangladesh-women-empowered-by-solar-energy ix http://time.com/3059043/germany-green-energy-renewables/ x ibid ii at p12.xi http://www.abc.net.au/news/2014-07-28/mine-anger/5630124 xii http://www.lrm.nt.gov.au/__data/assets/pdf_file/0003/353406/Water-Extraction_Kath-Times_4colx18cm_01.08.2014.pdf xiii ibid ii, at p27xiv http://www.nlc.org.au/articles/info/ranger-programs1/ , http://www.dhimurru.com.au , http://www.nailsma.org.au/hub/programs/carbon-project xv ibid ii, at p27xvi http://www.nccarf.edu.au/publications/adaptation-synthesis-northern-territory , http://www.nccarf.edu.au/content/future-change-ancient-worlds-indigenous-adaptation-northern-australia