Warren Truss (Wide Bay, National Party, Minister for Transport and Regional Services) Share this | Hansard source

Can I begin by thanking the honourable member for Tangney and the honourable member for Oxley for their contributions to the Protection of the Sea (Powers of Intervention) Amendment Bill 2006. The member for Tangney has gone, in great detail, through the particular elements of the bill and demonstrated a solid understanding of what is proposed in this legislation. I thank him very much for his contribution. The member for Oxley introduced some somewhat extraneous matter in discussing his amendment in relation to so-called foreign flag of convenience vessels, which he suggested especially put the marine environment at unnecessary risk. I trust he would acknowledge that this legislation covers ships, whatever their registry may be, and in that regard helps to ensure the protection of the Australian environment from whatever threat there might be from the shipping industry.

The legislation demonstrates the government’s commitment to promoting environmentally sensitive, safe shipping practices. It is important legislation because it will contribute significantly to ensuring that our capacity to protect our pristine environment from the consequences of unforeseen maritime disaster remains adequate and relevant. The effectiveness of our national response capability relies not only on our infrastructure and resources but also on the robustness of the regulatory regime that underpins the framework of intervention.

The international experience of major pollution incidents has shown that it is desirable to have a robust regime which facilitates effective decision making and encourages cooperation with coordinated actions to counter a major pollution threat. This belief is shared by my state and territory counterparts, who agreed in November 2005 that these measures are needed to ensure that Australia’s emergency towage and response capability is adequate and that the regulatory regime that underpins the capability is effective in delivering the desired pollution prevention outcomes.

Honourable members will be aware that the Australian government is putting in place a new range of emergency towage measures and, as an important part of that step, contracts are being let now around Australia to ensure that there is emergency towage capability available on as little as two hours notice right around the continent. This is a very important practical step in ensuring that we can respond effectively if there is some kind of a maritime disaster. This legislation is important to ensure that the investment in improved towage capability is underpinned effectively by law.

The bill implements the regulatory elements of the national system for emergency response, updating existing legislation to align it with international maritime law and, consistent with the desired pollution prevention outcomes of the legislation, clarifying the provisions of the legislation to strengthen the regulatory framework for the national system, while ensuring compliance with the provisions of the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution 1969.

The bill does not actually introduce new legislation; it proposes a number of amendments to the Protection of the Sea (Powers of Intervention) Act 1981, the Australian legislation implementing the international convention, so as to clarify and update its provisions. The bill introduces the definition of an exclusive economic zone, or EEZ, and clarifies the Australian government’s powers to intervene in the EEZ when there is a threat of serious pollution from a casualty. As a consequence of the redefining of the various maritime zones in accordance with contemporary law, the bill also clarifies the powers of the Australian Maritime Safety Authority to intervene in Australia’s internal waters, coastal seas and the EEZ, and on the high seas.

Another important clarification that this bill provides relates to AMSA’s general powers to direct persons other than those directly related with a casualty, such as its owner, master or a salvor. The clarity is essential to deliver the outcomes we are seeking. The bill also provides AMSA with the role of national decision maker and reinforces the primacy of Commonwealth law in the event of a conflict. The bill also introduces the concept of responder immunity to encourage compliance and cooperation to effectively counter a threat of pollution. I have every confidence that these measures will be of benefit to the Australian community and will help ensure that we have an effective capability to respond to any maritime disaster that occurs near to our shores. I commend the legislation to the committee.

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