Trying to tie a 20 year old exploration approval issued by former Premier Bob Carr and renewed by various ministers since, as they did with hundreds of leases annually, with the current investigations by ICAC is, I believe, an abuse of the ICAC legislation reporting requirements.
Its demonstrably such an abuse of process that CEO Peter Henderson should consider laying a formal complaint with the ICAC on behalf of Metgasco against the parties involved in the preparation and laying of the complaint. The ICAC is not constituted to assist parties in an environmental disputes or to advance environmental causes on behalf of any party. Its an anti-corruption body, full stop.
As the facts slowly emerge, the problem today is that Metgasco has been denied natural justice and procedural fairness at every step in this particular exercise of the Minister's powers. In my opinion, its of absolutely no tactical or practical value in PH applying to the Office of Coal Seam Gas or the Minister to seek correction of their own errors.
It is just simply naive to believe that an injured party can apply to the same decision-makers to overturn their own wrongful decisions and also expect a frank, truthful and expeditious hearing. Its pointless plus it also suits their political agendas.
Instead, Metgasco has only one course of action available to it. It must approach the Supreme Court of NSW post haste and seek a declaration that the actions of the Minister and the Head of OCSG were unlawful and ultra vires. Once they pass that hurdle, the option of damages opens right up. In this case, damages and costs are considerable and just watch the Premier and the Minster back track at a rate of knots if the court sides with MEL which, in the absence of any hard new evidence, it should.
Whether the responsible person in OCSG keeps their job is not an outcome I would bet a lot of money on. Most likely, they will have a lot of time to repent at their leisure at their own foolishness of being sucked in by Messrs Ricketts and Co.
For Roberts, I suggest that this weekend he should reflect on that old cast-iron rule of political stuff-ups. First of all, there is the stuff-up. Then follows the attempt to cover up the stuff-up. And finally, there is cold hard realisation that the attempt to cover up the stuff-up is a bigger stuff-up that the original stuff-up and it has cost you your job. Following the rule, Robert's best bet is to come clean early, terminate the complaint to ICAC and lift the Metgasco suspension.
After 8 long years from 2006, I no longer have a position in MEL but continue to follow its sad trajectory.
MEL Price at posting:
4.9¢ Sentiment: None Disclosure: Not Held
