Gulf between supporters and critics as Legislative Scrutiny Committee examines Territory Co-ordinator Bill
A parliamentary inquiry into the proposed Territory Co-ordinator has emphasised the gulf between those in favour and those against the controversial proposal.
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The parliamentary inquiry into the proposed Territory Co-ordinator has emphasised the gulf between those in favour and those against the controversial proposal.
Hundreds of submissions were received, and dozens of representatives from industry, environmental, Aboriginal, and governmental groups presented before the Legislative Scrutiny Committee at public hearings on Tuesday and Wednesday.
Industry groups heaped praise on the Bill’s aim to streamline regulation, bypass duplicate processes, and exclude projects of economic significance from certain checks and balances deemed irrelevant or overkill.
“We absolutely support the Bill, and encourage the government to implement it quickly,” Australian Energy Producers NT director David Slama said.
“People seem to think it’s about overriding everything – it’s not. It will assist in streamlining projects, and we see it as a positive step toward attracting investment.”
The oil and gas lobby raised some concerns it said could be addressed after the Bill passed, including ensuring confidentiality safeguards are in place, that reasonable notice is given to proponents before step-in interventions, and that consideration is given to the financial and contractual impacts on projects.
In contrast, Nurrdalinji Native Title Aboriginal Corporation – a group representing native title holders from the Beetaloo and Barkly regions – shared “deep concerns” about the proposed laws.
Chair Samuel Janama Sandy said the Territory Co-ordinator was an “attack on the right of traditional owners to self-determine what development happens on country and their ability to protect land, water and sacred sites”.
“Our old people fought long and hard to make sure we can make decisions about what happens on our country,” he said.
“It is wrong for the NT government to try sidestep our rights, just so gas companies can stuff more money in their pockets.”
A submission by the NT Planning Commission argued that the Territory Co-ordinator’s directive authority “do not sit comfortably” with the existing balance of power and accountability between the parliament and public service – calling for certain proposed powers to lay with the minister and not an unelected bureaucrat.
The Planning Commission also defended public servants against inferences they “lack the ability or inclination for the process improvement and systemic reform necessary to achieve the government’s objectives”.
Indeed the effectiveness of project delivery in the Territory, it argued, was in part thanks to the public servants’ “skill, local knowledge and hard work” and “close working relationships (trust) built up over time”.
The City of Palmerston council welcomed the “energy of the CLP to expedite development” but shared concerns the Territory Co-ordinator “appeared to prioritise economic development at the expense of ecologically sustainable development principles”.
The Australian Institute of Architects also took issue with the proposal in its current form, stating much more needed to be done to ensure transparency.
“Of particular concern is the opaque nature of the exemption notice … with no path for appeal other than the supreme court,” it said.
The Legislative Scrutiny Committee was formed to inquire into and report on any Bills referred to it by parliament.
Of the five members, three are from the CLP: chair Oly Carlson, Deputy Chair Andrew Mackay, and Clinton Howe.
Labor’s Chansey Paech and Independent Justine Davis make up the rest of the committee.
Territory Co-ordinator opponents speak out after day one of Legislative Scrutiny Committee inquiry
February 26: After travelling hundreds of kilometres to get clarification on the controversial Territory Co-ordinator Bill, Jocelyn James and Cecilia Lake say they will return to their families in Jilkminggan with “a lot of concern”.
On Wednesday morning, the pair joined a group of Territorians who attended the first session of the Legislative Scrutiny Committee’s inquiry into the Territory Co-ordinator Bill.
The inquiry provides concerned citizens the opportunity to learn more of the bill.
Ms Lake said she found the experience “disappointing”.
“We’ve never had a proper discussion (with elected officials), people never came out on country and sat with us or the younger generations,” she said.
“We’ve been sending emails, we’ve been trying to contact people to come out to our country to see how our waterways have been affected in the past 10 years – no one’s come out.”
Despite the Territory Co-ordinator Bill having been at the centre of intense discussion for several months, Ms Lake said there had been no consultation sessions or forums held for her community.
Ms Lake said the Bill was brought to her community’s attention when a visitor from Katherine travelled almost 150km to deliver the news.
Ms Lake said her community was concerned by “dropping” water levels.
“Every year we look at our water levels (and) it kills us inside, knowing that river used to flow before,” she said.
Also dismayed was pastoralist Daniel Tapp, who called the Bill as “outrageous”.
“(It’s about) human rights; minimum protection for land holders, protection for traditional owners, for communities,” he said.
“And this one unelected bureaucrat has the right to throw it all out the window and appoint who he wants to develop land for whatever development he finds a major project.”
Attendee Dr Samantha Phelan said it was a “sad day” for the Territory.
“We’ve got no problem with there being a position of a Territory Co-ordinator, but this is an unelected person who has control over a suite of laws right across the Territory,” she said.
“There’s no problem with having somebody to enable development in a sequential pattern and removing obstacles to that development, but not in a legislative format (or) in a way that overrides Territory law.”
In response to the concerns raised, Deputy Chief Minister Gerard Maley maintained the Bill would make it “easier to do business” in the Territory and the government would be “accountable”.
“There has been public consultation right now and the legislation is what it is and we want to make sure the Territory is the easiest place to do business and we want to grow the economy,” he said.
“We were elected on a platform of making the community safe, rebuilding our economy and restoring our Territory lifestyle and Territory Co-ordinator is a crucial part of rebuilding our economy.”
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