15 September 2011 Hon. Tony Burke MP Minister for Environment and Heritage Parliament House Canberra By email: Tony.Burke.MP@aph.gov.

au Dear Minister Re: Urgent action to protect National Heritage Listed dinosaur tracksites We welcome the announcement on 31 August 2011 of your decision to list an area of the Kimberley in WA as a National Heritage Place (Place) that includes, amongst other things, globally significant dinosaur tracksites along the Dampier Peninsula coast. We are collectively writing to alert you to the risk of either current or imminent damage to dinosaur tracksites in an area that is included in the Place and to urge you to take action to prevent that damage and to protect them. Action under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC) to protect National Heritage listed dinosaur tracksites at James Price Point. Your urgent intervention is required because of drilling works being carried out by Woodside Energy Ltd (Woodside) under its retention lease conditions at James Price Point in an area within the area covered by the Place. Woodsides July 2011 Fact Sheet on Browse LNG Development describes and maps drilling at James Price Point in an area where listed dinosaur tracksites are present.1 According to Woodsides Fact Sheet the drilling activity will occur within the intertidal zone right up to the high tide zone thereby taking in the recently listed area and the National Heritage listed dinosaur tracksites. Woodside describes a drilling program that involves drilling through reef, rock and sediments to a depth of ~60m. The drill holes themselves are 150mm in diameter. Not only could dinosaur footprints be destroyed or damaged by the drilling itself, but the use of up to four jack-up barges, or drilling rigs, risks destroying or damaging the footprints through the impact of rig supports (four per rig). Woodsides drilling program could already be damaging the dinosaur footprints and certainly has the real potential to do so in the near future. It is our view that the works being carried out are seriously impacting on National Heritage values of the Place. Further, in view of the listing, it is submitted that the works being carried out by Woodside in the Place must now be considered controlled actions as defined by the EPBC Act. The proponent must not take any action unless approval has been granted in accordance with the
http://www.woodside.com.au/Our-Business/Browse/Documents/Nearshore%20Geotechincal%20Survey.pdf (July 2011)
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EPBC processes (it is an offence for a proponent to take action that is likely to have a significant impact on a National Heritage Place2). ACTION SOUGHT: In light of the National Heritage listing decision and to protect National Heritage values, we ask that you immediately: 1. request that the current Woodside Nearshore Geotechnical Survey drilling program between Quondong Point and James Price Point cease until the impacts of the drilling on dinosaur tracksites have been assessed; and 2. call in and request an assessment in accordance with EPBC Act s 70 of the likely impacts of Woodsides Nearshore Geotechnical Survey drilling program between Quondong Point and James Price Point on National Heritage values in the area, including the dinosaur tracksites. Strategic Assessment Report: National Heritage values and information arising from recent research. At the same time the Minister has before him a Strategic Assessment Report (SAR) in relation to a proposed project for Browse Basin. Under s 146F of the EPBC Act the Minster must consider matters relevant to any matters of national environmental significance3. The SAR before the Minister fails to describe the dinosaur tracksites as relevant National Heritage values that are likely to be affected as required by its Terms of Reference4. The final Heritage Council Report included the dinosaur tracks in the Broome Sandstone at James Price Point. The SAR ought to comply with the requirements of its Terms of Reference. In order to comply with s 146F of the EPBC Act the Minister must seek further information from the proponents that enable him to consider the likely impacts of any works undertaken and affecting the National Heritage values in the Place so that in deciding whether or not any plan purporting to address the impacts are acceptable, the Minister has before him information about the impact on the dinosaur tracksites. The writers are aware of ongoing and recent research into the suite of dinosaur tracksites located in the Place, including on the 24km stretch of coast from Quandong Point to Flat Rock, that indicates the dinosaur tracksites in the area are more important and extensive than may have previously been reported5. It is critical that additional research is done to inform any assessment of the likely impacts before a conclusive understanding of the full extent and importance of the suite of dinosaur tracksites is possible.6

EPBC Act s 24A.

EPBC Act s 146F matters relevant to any matter protected by a provision of Part 3; EPBC Act s 34 specifies that National Heritage values of a Place are matters protected by Part 3. Terms of Reference, Term 5 (e).

James Mitchell Crow Dinosaur footprints threatened by natural gas project in Nature news 11 May 2011 http://www.nature.com/news/2011/110511/full/news.2011.284.html

For example, the Preliminary Report upon the Palaeontology (including Dinosaur Footprints) of the Broome Sandstone in the James Price Point Area prepared for the Department of State Development in WA was published over 18 months ago, in January 2010.

Under s 146H the Minister must not act inconsistently with the National Heritage Management Principles.7 This includes a requirement to protect National Heritage values and that the management of a Place ensures that the use and presentation of a Place is consistent with the conservation of the values. ACTION SOUGHT: We request that, so as to comply with s 146F of the EPBC Act, the Minister seek further information from the proponents that enables him, when making a decision, to consider the likely impacts of any works undertaken in the Place on National Heritage values and whether or not a proposed plan adequately addresses the impact on the dinosaur tracksites. Action to request a Heritage Management Plan As mentioned above, recent independent scientific research on the 24 km stretch of coast from Quondong Point to Flat Rock (inclusive of James Price Point) points towards the dinosaur tracksites in this area being more important and extensive than previously understood. Additional work remains to be done before any conclusive understanding of their full extent and importance is possible. The writers are concerned that publicity and increased focus on the dinosaur tracksites of the Dampier Peninsula may result in an increased risk of deliberate or accidental damage to them. The writers urge the Minister to ensure that a Heritage Management Plan is developed as soon as possible.8 Furthermore, to best protect the suite of tracksites the writers strongly recommend that such a plan include a role for the local custodians of the tracksites who should be enabled to play a greater role in their protection from any accidental or deliberate damage, including from acts of vandalism or theft. ACTION SOUGHT: We request that you use your best endeavours, in accordance with the EPBC Act s 324X (2), to ensure that a management plan for the protection and ongoing review and management of the Place (including the dinosaur tracksites) is prepared. We will write separately to the Australian Heritage Council on this matter, but we seek your support for the prioritisation of this plan in co-operation with the State Government of Western Australia. Recognition of Cultural Values The Australian Heritage Council final report makes passing reference to the cultural significance of the tracksites.9 We note that it is only the palaeontological significance of the dinosaur tracksites that has been recognised in your final decision on National Heritage Listing. Goolarabooloo Traditional Owners have shared the outstanding cultural heritage values of these dinosaur tracksites through establishing the Lurujarri Trail. The dinosaur footprints are part of a living song cycle that is still sung today to retain an unbroken expression of Goolarabooloo Law. For Traditional Owners, these amazing prints include those made by the Creation Being Marrala, the emu-man. Marrala can still be seen in the night sky where he returned after creating the country.
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Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) Schedule 5B

Precedents include the Hamersley Iron Pty Ltd and Dampier Salt Limited and Commonwealth of Australia Conservation Agreement (13 July 2007) entered into under s 305 of the EPBC Act. Schedule 4 of that agreement outlined that prior to any new ground disturbing activities, Rio Tinto (the parent company) procedures provided for survey and significance assessment of sites and places and measure to avoid or reduce impacts. The dinosaur traces and other fossil prints in the area are culturally significant to Aboriginal people Australian Heritage Council Final Report to the Minister. p14.

The Minister should, in accordance with his the powers under clause 10.01 BE of the EPBC Regulations, refer these additional values to the Australian Heritage Council for assessment and a report as to their inclusion or addition. ACTION SOUGHT: We ask for acknowledgement by the Minister of the cultural significance and values of the dinosaur tracksites in addition to their palaeontological significance and that the Minister refer these values to the Australian Heritage Council. We urge you to protect the scientific and cultural integrity of this globally significant heritage asset and look forward to your positive response to the above requests. Yours sincerely

Peter Robertson
State Coordinator

Don Henry Australian Conservation Foundation

Executive Director

Dr Gilly LLewellyn
Conservation Program Manager

The Wilderness Society WA

WWF Australia

Piers Verstegen Director Conservation Council of WA

Emma Belfield Acting Director Environs Kimberley

Reply address: C/- Conservation Council of WA, City West Lotteries House, 2 Delhi St, West Perth 6005