FED:James Price land buy invalid: judge

AAP General News (Australia)
12-06-2011
FED:James Price land buy invalid: judge

PERTH, Dec 6 AAP - Compulsory land acquisition notices issued by the West Australian
government for Woodside Petroleum's proposed Browse gas hub at James Price Point were
unlawful, a court has found.

Traditional land owners, the Jabbir Jabbir people represented by Neil Patrick McKenzie,
and the Goolarabooloo people represented by Phillip James Roe, had a victory on Tuesday
when chief Justice Wayne Martin declared three notices of land acquisition as invalid.

Justice Martin, of the WA Supreme Court, said the notices did not contain descriptions
of the land required.

However, his declaration did not prevent Lands Minister Brendon Grylls from issuing
further notices of intent to take land in the area.

Mr Roe's lawyer Michael Orlov told reporters that Mr Grylls would need to commence
the process again.

"The immediate practical effect of this judgement is the Browse project agreement,
which depended on the validity of these notices, is invalid and has no effect," Mr Orlov
said.

"The minister can commence again but it is a long process and we'll have to see what he does."

Mr Roe said the fight was not over.

"There's more to come and I'll be still going hard at it," he told journalists.

"I can do the next step that I want to do: I'll go back and look after my songline
and my heritage and culture."

Mr Orlov said proceedings to declare the songline area an Aboriginal site under the
Aboriginal Heritage Act would probably commence early next week.

Asked whether the proceedings could halt development, Mr Orlov said "Yes, they can".

"The area where the project is being developed is an Aboriginal site and has been since
1991," Mr Orlov said.

"Any ground disturbing work in the area should have been approved by the minister under
the Heritage Act.

"It hasn't been, so until that approval is obtained, it may well have an impact (on
the development)."

AAP rlm/dlm

KEYWORD: LEGAL: BROWSE UPDATE

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