House debates

Monday, 22 November 2010

Environment Protection and Biodiversity Conservation (Public Health and Safety) Amendment Bill 2010

Second Reading

11:13 am

Photo of Luke HartsuykerLuke Hartsuyker (Cowper, National Party, Deputy Manager of Opposition Business in the House) Share this | Hansard source

I move:

That this bill be now read a second time.

As I stated in my first reading speech, the purpose of the Environment Protection and Biodiversity Conservation (Public Health and Safety) Amendment Bill 2010 is to amend the Environment Protection and Biodiversity Conservation Act 1999 and afford some relief to the residents of Maclean in my electorate of Cowper from the presence of a large colony of flying foxes.

The amendment would deem the minister to have given consent to a licence application by the New South Wales state government for the relocation of the Maclean colony. It would not apply to any other colony or any other licence application.

It is a testament to the democratic processes of this parliament that I have been able to introduce this bill and now move the second reading. I recognise the importance of the agreement made between the coalition, the crossbenches and the government that facilitates a vote on private member’s business in this place.

For too long the people of Maclean have suffered due to the colony’s location. As I have noted, the Maclean High School, the nearby TAFE and the surrounding residential areas are particularly affected. There has been an invasion of thousands upon thousands of bats around the high school, which has some 1,100 students. These flying foxes defecate over the school, its students and its teachers. The smell is revolting and the colony is extremely noisy.

The residents and students of Maclean have needed action on this issue for some time. Dispersal of the bats is necessary given the disruption caused to the high school and the negative impact of the bats’ presence on the health, safety and education of students attending the school and the nearby TAFE. Unfortunately, the government prevented the issue from being debated during the last parliament. Due to the failure of the government to take action, the school has been forced to take drastic measures to protect the safety of the students and teachers. Bubblers and seats have been covered to avoid contamination. Classrooms have had their windows permanently closed, and air conditioning has been installed in some rooms because the windows cannot be opened. Car parks, walkways and disabled accesses are all going to be covered because of the flying foxes. And let us not forget the residents who live close by. Their homes have become virtually uninhabitable because of the stench and the problems that these flying foxes cause. A similar situation exists at the nearby TAFE.

This bill is not being introduced because I believe that the Environment Protection and Biodiversity Conservation Act is not working appropriately. It is being introduced because the government and the bureaucracy have failed to act in a timely manner under the act and ensure that the Maclean bat colony is relocated in a humane fashion. In fact, the bureaucrats, in their faraway ivory tower, have been acting against the best interests of the school, the TAFE and the surrounding residents. They have made it clear that coexistence was the only option—I repeat: the only option. As far as they were concerned, the health and safety of our children was nothing more than a minor distraction. For too long the pleas of the P and C, the staff and the students went unanswered. For too long the learning conditions at the school were intolerable. For too long the health of our children was placed at risk.

It seems incomprehensible that, when a substantial health risk to 1,100 students is clearly identified, the government would fail to act—would delay a much needed decision by a year. After I gave notice to parliament that I intended to introduce this bill, Maclean High School received notice that an application had been approved. It is a happy coincidence, I would say, that after a year of buck passing, after a year of delay, we finally achieved approval.

By passing this legislation, the parliament can ensure that dispersal will not be further delayed and that bats can be removed upon each application after the initial approval lapses. Maclean High School cannot go through this long and drawn out process again. We cannot afford another delay whilst thousands upon thousands of bats inhabit the school and place the health and safety of students at risk. It is completely outrageous that the government has allowed this situation to continue for so long without action. This bill will ensure that the students and staff of Maclean High School, the nearby TAFE and the surrounding areas get an outcome that is based on common sense and that protects their health and education environment.

I welcome the input I have received from non-government members and I congratulate them on their constructive approach. This bill is about protecting the students of Maclean High School into the future against bureaucrats who have no concern for their wellbeing. This bill is about ensuring that the interests of bats remain secondary to the interests of our kids. It is about ensuring the interests of our local community. I certainly welcome this bill, and I commend it to the House.

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