Critical Minerals and High Tech Metals - Call for Papers
This motion is a call for papers in relation to the mining activities of a number of critical minerals companies. I have moved this call for papers because my office has been working with many communities across New South Wales that have questions about things such as the exploration licences for different critical minerals companies. I have been speaking with communities about their concerns regarding various complaints that have been made about the activities of representatives, sometimes on their properties.
One of the main points of feedback that I get from members of the community is the lack of transparency around a lot of this activity. As a result, I too have been trying to find information and detail around the issues the community comes to me about. It is very difficult to get information—for example, about complaints and investigations that the Resources Regulator has undertaken on behalf of the community. I have made quite a few requests on the issue under the Government Information (Public Access) Act, but there is still a lot of information that has not come before Parliament. Members may also have seen some media over the past week or so about the impact of lead mining on community health, particularly in Broken Hill. I think it is in the public interest that any documents before the Government about that issue are brought to light.
I admit that this call for papers under Standing Order 52 looks like it covers a lot of issues, but I assure members that I have worked to tighten it as much as possible, rather than include a broad, sweeping request for everything. That is why it is so specific about particular examples such as particular companies and grants. Basically, I know what I am after, so I have tried to refine the scope as much as possible. I hope that members will support the motion in the spirit of it being good for the business of the House and in the public interest. As I said, a lot of the community is frustrated at what they see as a lack of transparency around the projects. I urge members to support the motion.
The Hon. COURTNEY HOUSSOS: I indicate from the outset that the Government will oppose the motion, and that I completely refute everything that the Hon. Cate Faehrmann said. To say that this call for papers under Standing Order 52 is in any way targeted or specific misleads the House. The motion calls for papers from six separate ministerial offices, six separate departments and one agency. Paragraph (b) of the motion calls for "all documents created since 1 April 2023 relating to the development of the Critical Minerals and High-Tech Metals Strategy". I have spoken at length in this House about the exhaustive consultation process that the Government went through. We engaged with communities, held round tables and took submissions. That one paragraph alone would create a huge amount of work. I cannot even say how many documents would be produced.
The Hon. Mark Latham talks about the Mookhey library but, in my opinion, paragraph (b) would swamp any level of documents that would be required before we even cover paragraphs (a), (c), (d), (e), (f), (g), (h) or (i). To say that this motion is in any way a targeted or specific call for papers under the extraordinary powers of this House—powers that I deeply respect—is to mislead the House because it is not true. If the Hon. Cate Faehrmann genuinely seeks to limit the scope of her call for papers, I suggest that she go back to the drawing board to present a more considered motion to this House. If communities have concerns, they are welcome to raise them, and I look forward to responding.
Some items date back to the previous Government. Indeed, as Minister, I have looked into some of those issues more closely, and would have been happy to brief the Hon. Cate Faehrmann on those items if the member had come and specifically asked me about them. To present this call for papers under Standing Order 52 as some kind of targeted effort is disingenuous at best and misleading this House at worst. This House has serious powers that I deeply respect and have exercised in the past, but they must be exercised responsibly. This call for papers does not do that. On that basis, the Government opposes the motion.
The Hon. SARAH MITCHELL: I indicate that the Opposition supports this call for papers. Opposition members understand the importance of transparency. We know, as the member has said, that she has attempted to obtain some of these documents through other means, including the Government Information (Public Access) Act. Opposition members are on a bit of a unity ticket with members of the crossbench for the Government to be as transparent as possible when it comes to calls for papers. We will keep that approach in relation to this motion.
Ms CATE FAEHRMANN: In reply: Usually when I move a motion under Standing Order 52, I get approached by the Minister or Minister's office, regardless of who the Minister—
The Hon. Courtney Houssos: I got told about it this morning, Cate.
The DEPUTY PRESIDENT (The Hon. Rod Roberts): Order!
Ms CATE FAEHRMANN: I acknowledge that interjection.
The DEPUTY PRESIDENT (The Hon. Rod Roberts): I ask the member not to acknowledge interjections.
Ms CATE FAEHRMANN: I do want to get that interjection on record because the usual situation in this place is that every time we put a motion under Standing Order 52 on the business list the Minister speaks to us when they see it, either that night or the next day. That has been happening for 18 months. I have dealt with Ministers to constrain the scope of calls for papers. That happened with Minister Sharpe and documents in relation to PFAS and lead under another very wide-ranging call for papers. That resulted in some very significant discoveries.
We got a hell of a lot of documents back, but I still worked with the Minister to refine the scope because we spoke of certain documents that would not be useful and would take a lot of time to produce. I would have been open to doing the same here, so I put on record that the Minister did not talk to me about refining the scope of the motion. That would be useful in the future, because I am always open to that. But I reiterate that this call for papers looks into issues that the community has been very dissatisfied about in terms of government transparency. I have also tried to look into a number of the items in the motion, which confirms that the community has every right to be worried about a lack of transparency.
The PRESIDENT: The question is that the motion be agreed to.
The House divided.
Ayes17
Noes18
Majority1
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AYES |
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Boyd |
Higginson |
Mitchell |
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Carter |
Hurst |
Overall |
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Cohn |
Latham |
Rath (teller) |
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Faehrmann |
MacDonald |
Roberts |
|
Fang (teller) |
Maclaren-Jones |
Ward |
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Farlow |
Merton |
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NOES |
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Banasiak |
Houssos |
Murphy (teller) |
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Borsak |
Jackson |
Nanva (teller) |
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Buckingham |
Lawrence |
Primrose |
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Buttigieg |
Martin |
Ruddick |
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D'Adam |
Mihailuk |
Sharpe |
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Graham |
Mookhey |
Suvaal |
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PAIRS |
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Barrett |
Donnelly |
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Munro |
Kaine |
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Tudehope |
Moriarty |
Motion negatived.
Motion:
I move that under Standing Order 52, there be laid upon the table of the House within 28 days of the date of the passing of this resolution the following documents, excluding any documents previously returned under an order of the House, in the possession, custody or control of the Premier; the Treasurer; the Minister for Climate Change, Minister for Energy, Minister for the Environment, and Minister for Heritage; the Minister for Finance, Minister for Domestic Manufacturing and Government Procurement, and Minister for Natural Resources; the Minister for Health, Minister for Regional Health, and Minister for the Illawarra and the South Coast; the Minister for Planning and Public Spaces; the Premier's Department; the Cabinet Office; Treasury; the Department of Climate Change, Energy, the Environment and Water; the Environment Protection Authority; the Department of Planning, Housing and Infrastructure; the Department of Primary Industries and Regional Development (including NSW Resources); or the Ministry of Health:
(a)the following documents created since 1 June 2021 relating to the Critical Minerals and High-Tech Metals Activation Fund or the New Frontiers Exploration Program:
(i)all documents relating to the eligibility criteria or official guidelines for each round of the program, including all reports or correspondence;
(ii)all correspondence relating to the fund or program, including in relation to all applicants;
(iii)all documents relating to the application, assessment, rejection or approval of funding; and
(iv)all documents relating to the reporting of outcomes or acquittal of funds.
(b)all documents created since 1 April 2023 relating to the development of the Critical Minerals and High-Tech Metals Strategy 2024-35;
(c)all documents created since 1 June 2021 relating to complaints or investigations involving:
(i)RZ Resources (formerly Relentless Resources);
(ii)Trigg Minerals;
(iii)Australian Consolidated Gold Holdings Pty Ltd;
(iv)Tooloom Creek Pty Ltd; or
(v)MCi Carbon.
(d)all documents created since 1 June 2021 relating to rehabilitation security deposits, including all expenditure against these deposits, for:
(i)RZ Resources (formerly Relentless Resources);
(ii)Trigg Minerals;
(iii)Australian Consolidated Gold Holdings Pty Ltd;
(iv)Tooloom Creek Pty Ltd; or
(v)MCi Carbon,
(e)all documents created since 1 January 2024 relating to the assessment or approvals of the exploration licences granted to Mineral Carbon International's Mount George Stage IA project;
(f)all documents created since 1 January 2020 relating to Bowdens Silver Mines silver, lead and zinc project at Lue, including:
(i)all minutes of meetings held with Bowdens Silver Ltd or their representatives; and
(ii)all documents relating to assessments of the project.
(g)all documents created since 1 January 2020 relating to Bingham Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd in the Court of Appeal and the decision;
(h)all correspondence, including all emails, text messages or instant message services, created since 1 August 2023 regarding Portfolio Committee No. 2 - Health inquiry into the current and potential impacts of gold, silver, lead and zinc mining on human health, land, air and water quality in New South Wales, sent to or received by:
(i)the Minister for Finance, Minister for Domestic Manufacturing and Government Procurement, and Minister for Natural Resources;
(ii)the Premier;
(iii)the Minister for Climate Change, Minister for Energy, Minister for the Environment, and Minister for Heritage; and
(iv)any person employed by NSW Resources, the Environment Protection Authority or the Department of Primary Industries and Regional Development.
(i)any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.