Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Hansard source

Those opposite ask why we are forming this view of AFMA. AFMA themselves in the last 24 hours have reported to the government legal advice that they have been implementing some aspects of the act incorrectly. Members have heard me talk repeatedly about whether or not quota has yet been assigned to the vessel. AFMA at their meeting yesterday received new legal advice that a practice they had been following since the previous government was in office, and it continued under our government, was not actually consistent with the act. There are some serious questions, and I am pleased that the fisheries minister has called for a root-and-branch review. We need to make sure not only that a precautionary principle exists in writing but also that it is being implemented and implemented appropriately.

There are some areas, for example with respect to target species, where I have no reason to doubt that the science is done thoroughly.

But, in terms of bycatch issues, I am not relaxed about a situation where you always wait for the damage to occur before you decide that there should be tougher rules. Certainly, in terms of questions which I sought an answer to, to work out whether part 10 of the environment legislation would be activated—

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