Senator SIEWERT-My question is to Senator Faulkner, the Minister representing the Minister for Foreign Affairs. Could the minister tell us: when was the Commonwealth first aware that oil from the Montara oil spill had crossed into Indonesian waters? Which minister or department contacted which authorities, and when? What arrangements, if any, have been made to monitor and assess the impacts of the oil on Indonesian waters? Are there any clean-up or compensation arrangements?

Answer
Senator FAULKNER-I will try and deal with those important questions with the information I have available. The first date I am aware of is when the incident itself took place, which was 21 August 2009. As Senator Siewert and other senators would be aware, it is the Australian Maritime Safety Authority's responsibility to coordinate the clean-up under the National Plan to Combat Pollution of the Sea by Oil and other Noxious and Hazardous Substances. I can say that the majority of the oil remains within the vicinity of the platform and the closest sheen to the mainland is reported to be at least 200 kilometres from the Australian coast.
I also can say that the area affected is being closely monitored by regular daily flights arranged by AMSA. As I understand it, AMSA has been keeping Indonesian authorities informed about the progress of any oil sheen near Indonesia. I can also inform the Senate that Indonesian officials have taken part in a daily observation flight aboard the AMSA Dornier search and rescue aircraft. In addition, I can say that reports taken on 25 October indicate patches of sheen to be around 230 kilometres from the Indonesian coast. (Time expired)

Supplementary question
Senator SIEWERT-I thank the minister for his answer. Mr President, I ask a supplementary question. Is the minister aware of reports that there are in fact significant impacts on the livelihoods of at least 300 seaweed farmers on Rote Island and on some subsistence fishers in Indonesian waters? This has been reported in the Indonesian media-is the government aware of this? Has the government responded and have they taken any steps to validate that this is oil from the Montara spill?

Supplementary answer
Senator FAULKNER-I thank Senator Siewert for her supplementary question. I am personally not aware of those reports and I do not know if any government agencies are, so all I can do there is undertake to find that out for you, Senator. I will do that. My understanding is that the oil spill is not in Indonesian territorial waters but, as I have indicated, some 230 kilometres from the nearest Indonesian coastline. That is the only information I have available to me, Senator Siewert. I can say that Indonesian authorities have been kept informed, through the Department of Foreign Affairs and Trade, of the location of the residual oil sheen and progress with the oil spill response and the relief well drilling operation. (Time expired)

Supplementary question
Senator SIEWERT-Mr President, I ask a further supplementary question. Once again I thank the minister for his answer. If the minister could take that on notice it would be appreciated, because there are reports that the Indonesian authorities have been informed that oil has in fact entered Indonesian waters. If it has and if it is impacting on the livelihoods of some of the local Indonesians, could the minister also inform the Senate as to what obligations there are on the company to provide any redress and cover the costs incurred outside of Australian territorial waters? What actions, if any, has the government taken to pursue these matters?

Supplementary answer
Senator FAULKNER-I thank Senator Siewert again for her supplementary question. As I have said, I am not aware of those specific reports. I have undertaken to find that out, and I will. Additionally to assist Senator Siewert, I will ask about any obligations that might exist. I am sure that Senator Siewert would appreciate that that might mean that the Department of Foreign Affairs and Trade might need to establish that, possibly with other agencies. But I am happy to give the senator an undertaking that I will ensure that, if there is reason to answer that element of her question, obviously it is dependent on the threshold issue of where any oil sheen might be. I am certainly happy to undertake to do that, as I have outlined.

ANSWER DELIVERED 28/10/09
I am advised that satellite imagery on 1 September 2009 showed that small patches of weathered oil had crossed into Indonesia's exclusive economic zone (EEZ), but not its territorial waters. The Australian Embassy in Jakarta notified the Indonesian Department of Foreign Affairs as soon as possible on 3 September 2009 as a matter of good neighbourly relations and mindful ofthe 1996 MOV between our two Govemments on Oil Pollution Preparedness and Response. Since that time, overflights have indicated that patches of weathered oil and sheen have remained within Indonesia's EEZ, closing to some 51 nautical miles south east of Palau Roti around 21 September 2009. Subsequent regular overflights however indicated the weathered oil and sheen had moved further offshore. As part of the ongoing response to the oil spill, two vessels entered Indonesia's EEZ on 23 September 2009 to conduct containment and recovery operations, using a boom and oil spill skimmer, on heavier patches of oil that had been sighted by aircraft.

These vessels have been supported by overflying aircraft to direct them to the heavier patches of oil. Australia notified Indonesia of the presence of the vessels and their activities in Indonesia's EEZ on 23 September 2009. These operations were completed within several days and the vessels then returned to an area within several nautical miles of the platform in Australia's EEZ. An overflight on 1 October 2009 was conducted from Darwin with two officials from the Indonesian Director General of Sea Transportation on board. On this flight sheen was observed some 62 nautical miles south east ofPalau Roti. The Australian Maritime Safety Authority (AMSA) assesses that the type and amount of oil that has been observed in Indonesia's EEZ is considered to pose no significant threat to the marine environment or any coastlines or reefs. AMSA will continue to monitor the situation and the Govemment will keep Indonesia closely informed of the movement ofthe oil and our response efforts.

The Govemment is aware of reporting of impacts in Indonesia and will discuss with Indonesia any concerns it has about the presence of oil in its EEZ, including assessing any question of damage or loss arising from the Montara Wellhead oil spill. The Government anticipates that the company would be involved in any such discussions if they are required and notes that the company has fully cooperated with the Government on the response to the spill to date. Australia will continue to act consistently with international law and our strong bilateral relationship with Indonesia in responding to this incident.