Ms CARNEY - 2005-08-16
When you met with the federal minister, Ian Macfarlane, you failed to ensure that the Northern Territory would be included in any future decisions about uranium mining in the Territory by washing your hands of the opportunity for joint decision making. At the same time, you claim to oppose mining, yet your government has issued countless exploration licences for mining, including of uranium. Is it not the case that, despite the rhetoric, Labor does support more uranium mining in the Northern Territory?
ANSWER
Madam Speaker, I thank the member for her question. I cannot understand how the member, being so intelligent, got everything so wrong.
Let us start with exploration licences. We have not issued exploration licences for uranium for the simple reason we do not issue mineral-specific exploration licences. You can apply tomorrow to look for any mineral in the Northern Territory. The only thing you have to do is apply for an exploration licence. The problem in the Northern Territory - and I reiterate this - is that uranium is one of the most common elements in the Territory and, many times, people looking for minerals will discover uranium. We understand very well the problems in the area of mineral exploration. We are very clear; we issue mineral exploration licences to people who apply and who put an appropriate program in place. They must notify either us or, as required by the Atomic Energy Act, the federal minister, should they discover uranium.
Once again, I cannot understand how you, as a lawyer, do not understand the legal issues involved with uranium. Let me start from the beginning. You should be well aware - and you can find it if you want to by looking at the Northern Territory (Self-Government) Act - that the Commonwealth maintained control of uranium, thorium and other prescribed substances since 1979. Since that time, the Commonwealth has had an agreement with the Northern Territory government that the Commonwealth would approve the mining of uranium, and the Northern Territory government would oversee the day-to-day operations of the mine. That agreement was enshrined in legislation by the then minister for Mines, Mr Ian Tuxworth who, on 20 September 1978, introduced a short bill in parliament that became known as section 7A of the Mining Act. Let me tell you what Mr Tuxworth said on that particular date:
Mr Tuxworth put legislation in place that obliged the Northern Territory Minister for Mines and Energy to advise the federal minister of an application for uranium mining. Further, that legislation obliged the Northern Territory minister to follow the advice given by the federal minister. If, tomorrow, someone applies to mine uranium in the Northern Territory, I have to write to the federal minister and advise him of this application. He will then advise me of his decision - yes or no - and I am obliged to follow his decision.
The Northern Territory never had any right to approve or disapprove the mining of uranium. The only thing we have are two Commonwealth agreements, in 1979 and 2000, that we will oversee the day-to-day operations of mines. Mr Macfarlane got it wrong two or three times. He is on the public record saying that he did not believe that the Commonwealth had control over uranium, it was the Territory’s control …
Dr Lim: You said before the election that there would be no new mines.
Members interjecting.
Madam SPEAKER: Order, order!
Mr VATSKALIS: When Mr Macfarlane was here, he admitted publicly that the Commonwealth’s had responsibility and control over uranium, so the Northern Territory did not give anything away because we had nothing to give away.
I notice that you are very perplexed because I have a very good relationship with Mr Macfarlane. Yes, I do, and I am proud of it, because Mr Macfarlane helped us very much with Bayu-Undan and the LNG plant. Mr Macfarlane was there when we sought his assistance to develop the Alcan expansion. Mr Macfarlane was there when we worked together on the Ranger uranium mine. I am very pleased to have this kind of relationship because I have to work with Mr Macfarlane. I could be bitter and twisted, like you are sometimes, but I prefer not to be. I prefer to build bridges, not burn them.
ANSWER
Madam Speaker, I thank the member for her question. I cannot understand how the member, being so intelligent, got everything so wrong.
Let us start with exploration licences. We have not issued exploration licences for uranium for the simple reason we do not issue mineral-specific exploration licences. You can apply tomorrow to look for any mineral in the Northern Territory. The only thing you have to do is apply for an exploration licence. The problem in the Northern Territory - and I reiterate this - is that uranium is one of the most common elements in the Territory and, many times, people looking for minerals will discover uranium. We understand very well the problems in the area of mineral exploration. We are very clear; we issue mineral exploration licences to people who apply and who put an appropriate program in place. They must notify either us or, as required by the Atomic Energy Act, the federal minister, should they discover uranium.
Once again, I cannot understand how you, as a lawyer, do not understand the legal issues involved with uranium. Let me start from the beginning. You should be well aware - and you can find it if you want to by looking at the Northern Territory (Self-Government) Act - that the Commonwealth maintained control of uranium, thorium and other prescribed substances since 1979. Since that time, the Commonwealth has had an agreement with the Northern Territory government that the Commonwealth would approve the mining of uranium, and the Northern Territory government would oversee the day-to-day operations of the mine. That agreement was enshrined in legislation by the then minister for Mines, Mr Ian Tuxworth who, on 20 September 1978, introduced a short bill in parliament that became known as section 7A of the Mining Act. Let me tell you what Mr Tuxworth said on that particular date:
- This is a very short bill but one of prime importance to the majority of people in the Northern Territory. It clarifies the relative responsibility of the Commonwealth and the Territory government in relation to the mining of prescribed substances in the Northern Territory. As honourable members will be aware, by virtue of the provisions of the Northern Territory (Self-Government) Act, the Northern Territory executive has been given executive responsibility for all matters relating to the mining of minerals in the Northern Territory excluding those associated with uranium and other prescribed substances under the Australian Atomic Energy Act. In respect of uranium and other prescribed substances, the Commonwealth has retained the executive responsibility in that area and is to have continued responsibility for matters associated with the issue of mining titles for those particular materials.
Mr Tuxworth put legislation in place that obliged the Northern Territory Minister for Mines and Energy to advise the federal minister of an application for uranium mining. Further, that legislation obliged the Northern Territory minister to follow the advice given by the federal minister. If, tomorrow, someone applies to mine uranium in the Northern Territory, I have to write to the federal minister and advise him of this application. He will then advise me of his decision - yes or no - and I am obliged to follow his decision.
The Northern Territory never had any right to approve or disapprove the mining of uranium. The only thing we have are two Commonwealth agreements, in 1979 and 2000, that we will oversee the day-to-day operations of mines. Mr Macfarlane got it wrong two or three times. He is on the public record saying that he did not believe that the Commonwealth had control over uranium, it was the Territory’s control …
Dr Lim: You said before the election that there would be no new mines.
Members interjecting.
Madam SPEAKER: Order, order!
Mr VATSKALIS: When Mr Macfarlane was here, he admitted publicly that the Commonwealth’s had responsibility and control over uranium, so the Northern Territory did not give anything away because we had nothing to give away.
I notice that you are very perplexed because I have a very good relationship with Mr Macfarlane. Yes, I do, and I am proud of it, because Mr Macfarlane helped us very much with Bayu-Undan and the LNG plant. Mr Macfarlane was there when we sought his assistance to develop the Alcan expansion. Mr Macfarlane was there when we worked together on the Ranger uranium mine. I am very pleased to have this kind of relationship because I have to work with Mr Macfarlane. I could be bitter and twisted, like you are sometimes, but I prefer not to be. I prefer to build bridges, not burn them.
Last updated: 09 Aug 2016