Chief Minister of the Northern Territory, Natasha Fyles, continues to dig deeper in denial over Government plans for petrochemical industrial development on Darwin Harbour.

Following a strong public reaction against a 50-year industrial development plan for Middle Arm, Chief Minister Fyles roundly rejected the 'petrochemical' label.

When the Federal Government announced $1.5 billion of public funding for a  development project in the harbour’s Middle Arm, the Northern Territory’s Environment Centre highlighted the project's petrochemical components, and federal parliament discussed the probity of such a massive public subsidy for new fossil fuel development.

Middle Arm is already home to two large LNG production facilities, and a gas pipeline, making it a busy terminus for fossil fuels.

Rewriting history

In the wake of mounting disquiet over this ambitious but decidedly 20th century industrial development plan, the Chief Minister chose the 21st century tactic of post-truth denialism.

"This is not a petrochemical plant," Ms Fyles declared.

"I’ve met with the Environment Centre NT and they’ve made that claim and I have utterly refuted that claim."

"This is a sustainable future project that is based on renewable energy into the future."

"I challenge the Environment Centre to stop making mis-truths that are  based on nothing but rubbish and actually get on board be fully briefed  in the facts of this project and support it."

Certainly, the Middle Arm Development (MAD) Precinct project description does entertain renewables, and hydrogen fuel production. (Which could be powered by renewables. Or fossil fuels: note the significant gas infrastructure already in place on and around Middle Arm.)

But the Chief's claim that environmentalists were 'scare-mongering' was at odds with her own Department of Business, whose website reported petrochemicals as one of the project components.

Until it didn't.

Having been called to account for the discrepancies between her denial and her own government's websites, the websites were quickly edited, removing the offending term.

Written in ink

But while the Chief's staff could easily rewrite the story on government websites, their powers fall short for the rest of the web. Records and documents of other parties to the MAD Precinct plan still feature the 'petrochemical' label.

While also referencing renewables and hydrogen production, documents tendered to the NT's independent EPA in March 2022 clearly stated plans for petrochemical production.

The EPA's recommendation of Strategic Assessment for the development precinct reiterated the role of petrochemicals in the NT Government's plan.

and again, when setting Terms of Reference for the assessment

Similarly, the Territory Economic Reconstruction Commission's latest progress report acknowledges the Fyles Labor Government's development of a Reference Group and Master Plan for development of petrochemical manufacturing on Middle Arm. These milestones also featured in May 2022 Budget papers.

and the website of the NT's investment commissioner not only references petrochemicals, but lists likely products

As the NT Chief Minister has discovered, the internet is written in ink.

Those government websites she could easily edit were all subject to auditable third-party archiving. Many other websites out of her control maintain evidence of her government's actions to pursue petrochemical production at Middle Arm.

But post-truth politics is not about facts or evidence. Having seized on the Trumpian tactic of loudly declaring that up is down, we might expect for the Chief's reality defying to only get louder as the project proceeds through strategic environmental assessment.

USA  Marine Kymani Powell appeared in Darwin Local Court on Friday 30 September to plead  guilty to unlawfully assaulting a woman at the Landmark Hotel in Palmerston

The  American Marine, who drunkenly groped a woman in a Territory nightclub,  has promised to hold his mates to account and prevent future seedy  assaults.

According to an article in the NT News, Kymani Powell appeared in Darwin Local Court on Friday. He plead guilty to unlawfully assaulting a woman at the Landmark Hotel on Roystonea Ave in Palmerston, on April 30.

Prosecutor Marty Aust said the Marine “forcefully groped” his victim, who was unable to defend  herself in the popular nightclub.

“This was an uninvited, unwanted intrusion on an intimate area of her body by a stranger,” Mr Aust said.

“At the time she felt dirty and shocked.”

According to the paper, Mr Aust said it was a testament to the woman’s strength and maturity that the seedy grope was called out.

“Unfortunately offences where drunken young men can’t keep their hands to themselves occurs frequently.

“But they don’t always come to the courts.

“She called it out, to her credit.

“Young men need to learn to keep their hands to themselves.”

Mr Aust said Powell and his victim had taken part in a Restorative Justice meeting following the assault.

Mr Aust said the woman showed great maturity in meeting her 21-year-old attacker, and accepting his apology.

The  court heard she asked Powell to promise to never again grope another  person, and to hold other men accountable for how they treat women.

Defence: 'exemplary character'

His defence barrister Mary Chalmers said the 21-year-old was determined to uphold his commitment to his victim.

“This young man has very much learnt (his lesson) in the most dramatic way possible,” Ms Chalmers said.

She said Powell was appalled by his own actions.

“He has always shown (women) the respect they deserve,” Ms Chalmers said.

“What he did on the night was way out of character.

“It was … an ill-advised lapse in his otherwise exemplary character.”

Ms Chalmers said it was his first deployment overseas, and Powell had struggled with being separated from his family.

Ms  Chalmers said the young man faced serious consequences, including  putting his job at risk which would also jeopardise his ability to  afford university.

“(But) his stepmum’s disappointment with him is the worst aspect of all of this,” she said.

“He’s been too ashamed to tell her.”

Guilty: no conviction, $150 fine

Ms Chalmers said she was confident Powell would not reoffend, particularly as he was shipping back to American on October 7.

She pushed for the matter to be dismissed, with no conviction.

Chief Judge Elizabeth Morris found him guilty, but did not record a conviction. Powell was also fined $150.

Sittings of the Coronial Inquest into the killing of Kwementyaye Walker today heard explosive allegations of a “wholly inappropriate”  social gathering in the  days following the shooting death.

The BBQ,  held in contravention of police general orders,  “had the potential  to contaminate” Zach Rolfe’s evidence at his murder trial, a court has  heard.

Earlier this year, constable Rolfe was acquitted on all charges by a Supreme Court jury in March.

Today, the court heard a police general order was in place at the time, requiring that witnesses, “particularly any police members”, be prevented from communicating after a death in custody.

But just two days after the killing, and before Constable Rolfe had made a formal statement, counsel assisting Dr Dwyer said the accused hosted several police officers, including his three fellow Immediate Response Team members, for a barbecue at his home.

This issue was put to Assistant Commissioner Travis Wurst  - the most senior officer to take the stand at the inquest so far.

Counsel assisting asked:

“It’s clearly understood that preservation of life and first aid had to be the top priority (in Yuendumu), after Kumanjayi had passed away, do you agree that every effort should have been made to separate the involved police officers?”

Mr Wurst agreed that the purpose of that was “to make sure they don’t contaminate each other’s account”.

Dr Dwyer continued:

“And that can happen, either inadvertently, because it confuses your  own memory by talking to another witnesses, or there can be deliberate  interference where police officers might get together and talk about how  they’re going to present their evidence,”

“And  whether they do that or don’t, the public needs to maintain confidence,  don’t they, that police officers will be separated and there won’t be  contamination of their evidence.

“And  in this case, where you’ve got a situation where there was going to be  an investigation to determine whether there was a homicide, an unlawful  killing, it was absolutely essential that Constable Rolfe be separated  from other IRT members who he was with at the time of the shooting?”

Mr Wurst again agreed, acknowledging it was “wholly inappropriate” for such a gathering to take place in  circumstances where only some members of the IRT -  notably, not including  Constable Rolfe - had provided statements to investigators.

Mr  Wurst further  said it was also a contravention of general orders,  “particularly in relation to Constable Rolfe”, and had “the potential to  contaminate the version of events that Constable Rolfe eventually gave  in his trial”.

Mr  Wurst said that it was “a fair assumption to make” that the gathering contaminated Constable Rolfe's evidence.

asked:

“Do you  know whether or not any of the officers who were involved in attending  that social gathering have been disciplined or spoken to about the fact  that they were there?”

Mr Wurst replied: “No, I’ve only become aware of that this morning, so I’m not aware of any outcomes in relation to that.”

Indigenous land owners from the NT's remote Tiwi Islands have launched Federal Court action in a  bid to stop the development of a multi-billion dollar gas project off  the coast of Darwin.

According to ABC reports, Traditional Owners claim the gas company and the federal government  failed to ensure they were properly consulted about the  project's potential risks to their marine environment, dreaming story  tracks and animals.

Santos last year signed off on the $4.7 billion Barossa offshore development, which includes a pipeline from a gas field in the Timor Sea to an existing LNG facility on Darwin Harbour.

The project will draw gas from an offshore field lying 300 kilometres north of Darwin, in Commonwealth waters.

As  well as a new floating production facility and new underwater  production wells, the project will require a new pipeline connection  between the Barossa field and the Darwin LNG processing plant on shore.

Environmental groups say the project is likely to “significantly”  increase Australia’s greenhouse gas emissions and threaten pristine  waterways off the Top End.

Previous legal action thwarted

The latest move is the second court action that Tiwi Traditional Owners have attempted to take against the development, after they failed last month to get a South Korean court to rule loans for the development should be halted.

Tiwi Islands and Darwin Larrakia traditional owners  had sought to delay the project by seeking an injunction in the Seoul  Central District Court, to block loans being sought by Santos's South  Korean partner SK E&S.

The injunction  application was an attempt to stop the Export-Import Bank of Korea  (KEXIM) and the Korea Trade Group (K-Sure) from providing loans and  guarantees of up to $700 million for the project.

Larrakia Danggalaba traditional owner and elder Tibby Quall said he was determined not to drop his opposition.

"It's a bit of a disappointment, but it's not over," he said.

"We will keep fighting on because we think it's the right thing and it could be disastrous if the development goes ahead."

Mr Quall said the federal election result, in which  many voters endorsed stronger action on tackling climate change,  suggested that both the Commonwealth and NT Governments should  reconsider allowing the Barossa and other similar projects to go ahead.

"Climate  change was a big reason for the election result and this development  will create more climate change, and changes in our area, the  governments should take notice of that," he said.

Taking it to the federal court

Consultation with stakeholders who may be affected by offshore gas projects is a legal requirement for federal approval.

Dennis Murphy Tipaklippa said he and his family were not consulted about the risks from the Barossa project and pipeline.

"Me,  I'm one of the law men for the Northern Beaches, they never confronted  me or consulted me and my family clan group," he said.

Mr  Tipaklippa has lodged the Federal Court case against both Santos and  the federal government, alleging both failed to ensure proper  consultation took place.

The Tiwi Land Council's long standing chairman Gibson  Farmer Illortaminni told the ABC that ConocoPhillips and Santos had told  the council about the Barossa project.

But he said he told Santos it must directly consult with the correct traditional owners of areas that could be affected.

"We told Santos when we had that meeting, me as chair, I listen to my people," he said.

"We don't make a decision without the consent of the traditional owners.

"I said: you need to go and talk to the right traditional owners; I told they have to consult with the people."

Sources have revealed a stunning agreement made between the Liberal Commonwealth and Territory Labor governments to dedicate large sums of public funding to advance a fracking agenda in the NT.

Just hours before going into election care-taker mode a deal was reached between the two governments that looks set to pour almost a $billion of public money into accelerating exploitation of fracked on-shore gas in the NT.

In the wake of election-time posturing over climate, the deal between the Federal Liberals and NT Labor shows just how close the two really are when it comes to new fossil fuel projects. Labor's plan for addressing the massive carbon emissions that would arise from fracking Beetaloo is simply to rely on the policies of the Morrison Federal Liberal Government.

Meanwhile, Labor's federal counterparts seem unperturbed by the huge leap in national emissions that fracking would present to their far-off 2050 emissions reduction target.

By the numbers

Commonwealth (Liberal) funding: $660 M

NT (Labor) funding: $212 M

Total public funds: $872M

source: https://www.abc.net.au/news/2022-04-14/nt-federal-gas-supply-beetaloo-funding-deal/100990676

Estimated emissions: 116Mtpa

increase to national carbon debt: > 20%

source: NT Department of Primary Industry projections for 'low production scenario', as submitted to Pepper Inquiry

Larrakia and Tiwi Traditional Owners have filed an injunction in a Korean court to impede financing of Santos’ Barossa Gas Project, which would violate a habitate protection zone near the Tiwi Islands.

The Barossa project, formerly pursued by ConocoPhillips, would involve a pipeline from the Timor Sea, skirting the Tiwi Islands, to existing LNG facilities in Darwin Harbour.

Dangalaba elder Tibby Quall has joined forces with Jikilaruwu Tiwi clan leaders Francisco Babui and Daniel Munkara, in a bid to halt financing of the project, which would violate a habitate protection zone near the Tiwi Islands.

The Jikilaruwu Tiwi clan leaders say the proposed pipeline would come too close to Bathurst Island.

"There is a reef there with lots of turtles and dugongs. The turtles lay their eggs on that beach and we go hunting in that area."

Black - Green alliance

The legal challenge has the support of an alliance between Traditional Owner groups and environmentalists, both in Australia and South Korea.

Jason Fowler from the Stop Barossa Gas Campaign says the gas pipeline would be "like building a railway line across the country."

"You've  got to build bridges over valleys, you've got to dredge out areas of  high ground, you've got to try and make it as flat and even as possible,  because you don't want your pipeline going up and down. So there's a  lot of habitat modification."

Meanwhile, climate activists in Korea warn that Barossa is a particularly dirty gas field, with an uncommonly high factor of carbon dioxide. With so much unwanted CO2, Barossa would be even dirtier than existing LNG projects in the region. Climate activists warn Barossa presents an unmanageable carbon burden that would wipe out efforts to meet various commitments and obligations on climate.

"By taking the South Korean government to court to stop this gas  project, we are protecting our family and our land," Mr Munkara said.

Aboriginal and Torres Strait Islander Social Justice Commissioner,  June Oscar AO has joined mounting calls for no more guns to be carried by police officers in communities.

“Walker’s family have been brave,  courageous, and determined to bring the trial to public attention during  this painful period. And now they continue to call for urgent reforms. I stand with them in their ongoing pursuit of justice for all First  Nations peoples.”

Commissioner Oscar backed the family’s calls for no more guns to be  carried by police in communities.

There have been more than 500 Indigenous deaths in custody since the  Royal Commission, and several recent police shootings of First Nations  people underline the need for immediate action.

In addition to the deaths of Kumanjayi Walker and Joyce Clarke, a  Yamatji woman who was shot by police, a young Indigenous man is  currently in a critical condition after being shot six times by a police  officer near Darwin.

“Mass incarceration and the deaths of First  Nations people when in contact with the justice system must end.”

“For 30 years we have urged Australian governments to implement all  recommendations made by the Royal Commission into Aboriginal Deaths in  Custody. We have long held the solutions, and countless inquires and  reports have given us the way forward. But time and again we fail to  effectively implement them, and as a result we continue to see First  Nations men, women and children dying in our so-called justice system.  Enough is enough.

“The mass incarceration and over policing of First Nations people is  driven by systemic and structural problems within the justice system and  beyond it. Until this changes – until we see significant systemic  shifts and investment in the security and health of our communities –  the grave injustice of Indigenous deaths will continue,” Commissioner  Oscar said.

Nathan River Resources - the miner brought in to clean up the mess left behind by Western Desert Resources - are being prosecuted for polluting Limen Bight National Park.

The miner is accused of a breach of their Waste Discharge License - by unlawfully releasing ten million litres of potentially contaminated water into a the Towns River.

Representatives of the company were in court on Tuesday, facing offences that date back to early 2021.

Prosecutions of this kind are rare in the NT - indeed, in Australia - and the miner insists that their breach of authorisation represents no environmental harm.

But environmentalsts, like the Environment Centre's Kirsty Howie, strongly disagree:

“The release of heavy metals into the Towns River has occurred is a travesty, but was inevitable given the slapdash way in which this mine has been regulated”

This is not the first time NT governments have tried to get a new miner in to fix the mess abandoned by a previous operator.

This dubious tactic failed most notably at Mt Todd, where the new operator Vista Gold sat on their hands, trying to drum up investment while they waited for the price of gold to rise, and impotently watched the abandoned stockpile of cyanide wash down the Edith River.

Similarly, a new miner brought in to rake over the Browns pit at Rum Jungle ended up causing more mess (and sterilising the resource) without contributing at all to rehabilitation.

Environmentalists ask when this proven failure of an approach to legacy contamination will be set aside.

The case will return to court late April.

After Constable Rolfe was cleared over the shooting death of Kwementye  Walker at Yuendumu, family and community members from Yuendumu have made the clear call for police weapons to be banned in communities.

This reform would bring the NT into the ranks of nations like England, Ireland and New Zealand, where police do not carry deadly weapons as a routine matter of course.

Speaking from the Lingiari electorate today, Ms Scrymgour reflected on the pain of the breaved.

“We saw on Friday two families, one whose son walked free and has the  opportunity to make so much of his life ... but another family who are  still deeply traumatised ... I would remind all of those people still  making comments ... to reflect on the fact that there is deep hurt and  trauma for the families of Yuendumu.”

But Ms Scrymgour said police played a vital role in keeping communities safe.

“I’ve  worked with police across many of these communities and police play a  critical role with communities, particularly dealing with family and  domestic violence. We can’t say police get out of these communities we  need police in those communities.

“It’s  like we need health staff, they need protection but so do these  communities so it’s critical as Government we work with everybody to try  and not have the same issue that’s happened in the past two years for  that community.”

Asked if she supported a ban on weapons in communities, she said people in power should listen to calls from the community.

“I would certainly encourage everyone, please listen to the families at Yuendumu, and listen and act,” she said

A contingent of up to 2,200 U.S.A. Marines has begun arriving for a six-month rotation to Australia’s northern city of Darwin.

During their 11th deployment to Darwin since 2012, Marines will  train with the Australian troops and other friendly forces to respond to  a crisis in the region, the Marines said in their statement.

Up to 2200 USA personnel will participate in the Marine Rotational  Force Darwin (MRF-D), conducting crisis response exercises, engage with  regional partners and more.

Not just Marines...

For the first time, USA Army personnel will also deploy to work alongside the rotation.

Analysts identify this as the first concrete step towards plans under the new AUKUS agreement to base personnel from every division of the USA military in and around Darwin.

MRF-D Commanding Officer Colonel Christopher Steele was excited for the rotation to begin.

“This year our Marines will be coming from Camp Pendleton in Southern  California as the 1st Marine Expeditionary Force assumes this mission,  working alongside our USA Army and Australian Defence Force  counterparts,” he said.

The Marines are expected to complete the rotation in Australia by October 2022.

more detail: www.usba.se

ACCORDING TO THE AUSTRALIAN NEWSPAPER

Aboriginal leaders and environmentalists are suing the Northern  Territory’s deputy chief minister for allegedly illegally slashing the  security bond on a toxic Top End mine in a move they claim could saddle  taxpayers with a costly 1000-year clean-up job.

Litigation served late on Friday seeks to  force Mining and Industry Minister and deputy Labor leader Nicole  Manison to reverse her November decision to cut $120m from a $519m  last-ditch ­rehabilitation fund for Glencore’s McArthur River Mine.

Both  government departments and independent monitors had previously deemed  the half-a-billion dollar figure inadequate and warned that existing  mine-closure plans were unviable. Glencore itself has said the site  would need managing for hundreds of years.

McArthur  River Mine made international headlines when, in 2013, a waste rock  dump wrongly classified as “non-acid forming” spontaneously combusted,  spewing sulphur dioxide smoke into the atmosphere. There were concerns  about poisoned fish, and hundreds of cattle had to be shot over fears of  lead contamination.

Josephine Davey, a  traditional owner on the river downstream from the mine and the lead  applicant in the NT Supreme Court claim, said the case was a battle for  her country. “My ancestors spent their lives with that river — it is  everything to us, we’re all connected to it,” she said. “The government  made a decision that could affect our people for thousands of years. If  the mine walks away, that river will be gone, and so will we. I am  hurting so deeply. I worry for my children and their children. I am  fighting for my country.”

Jack Green,  another applicant, called the security bond an insurance policy. “We  don’t trust the mine to clean up the mess properly. We need the bond to  protect the river and our country if something goes wrong,” he said.

“The  bond wasn’t high enough before — it needed to be doubled at least. I  couldn’t believe it when I heard that the minister up in ­Darwin decided  to cut it.”

Casey Davey, a traditional  owner of areas near the mine, said reducing the bond made him angry.  “We need to know our community will be protected in the future,” he  said.

The McArthur River Mine in the  Gulf of Carpentaria has been dogged by controversy since it was  converted from underground to open-cut in the 2000s. In 2007,  traditional owners won a court battle against the project, but the  Martin government legislated to override that decision three days later.  Three Labor MPs crossed the floor at the time.

Former federal Labor environment minister Peter Garrett approved the open-cut conversion.

The  project has been opposed by NT Labor senator Malarndirri McCarthy and  by Northern Land Council chief executive Marion Scrymgour when she was  an MP.

Ms Scrymgour is tipped as a candidate to replace retiring Labor MP Warren Snowdon.

Kirsty  Howey, head of the Environment Centre NT, said her ­organisation was  backing the case because “the regulation of this mine is a national  scandal”.

“The risks are escalating  every year, and the mine and the Northern Territory government simply  can’t keep pace with what’s unfolding,” she said. “We’re talking about  the potential destruction of an entire river system that has ­sustained  Aboriginal people in the region for 65,000 years.

“Apart  from the damage to the McArthur River, it is financial mismanagement by  the Northern Territory government. Ultimately, it’s the Northern  Territory government, and Australian taxpayers, that will be liable to  pay for the clean-up if the mine doesn’t.”

David  Morris, chief executive of the Environmental Defenders’ Office and a  lawyer working on the case, said regional communities were losing trust  in the NT government.

“The mine has  created a 1000-year problem in 10 years, and the government has allowed  that to occur,” he said. “Northern development cannot occur in a way  that is blind to future impacts, future costs and future burdens, which  will disproportionately rest with regional communities. This case  doesn’t seek to shut the mine down. It is about ensuring the Territory  has enough money to fix up the mine site if the company did walk away,  and protecting the community.”

The  federal approval for McArthur River Mine has effect until 3019. Mining  operations are expected to continue for about 16 years until 2037 and  tailings to be reprocessed until 2048.

A  spokeswoman for Ms Manison said the decision to reduce the size of the  security bond had been made after a rigorous independent assessment  process and was in line with legislation. Glencore did not provide  comment.

The curse of Blain strikes again!

The electorate formerly represented by dick-pic wanker Nathan Barret is currently held by another

Writing in the local paper (NT News, a foreign merde-och owned paper caught up in facebook's aus-media ban), brilliant darwin journalist Marduk McCormack writes:

"BLAIN MLA Mark Turner will be  removed from caucus, Chief Minister Michael Gunner has revealed, saying  the MLA had “lost my trust” and the trust of the Labor government."

According to McCormack, Mr  Gunner said he had spoken to Mr Turner through the week but it had come  to his attention that the first term parliamentarian had not been  “completely forthcoming” with him or his colleagues.

Well, that's funny, because just yesterday Mr Gunner said it was just a rumour and not worthy of his comment.