House debates

Thursday, 10 September 2015

Bills

Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015; Second Reading

1:12 pm

Photo of Greg HuntGreg Hunt (Flinders, Liberal Party, Minister for the Environment) Share this | Hansard source

That is a simple legislative fact. The ALP supported the AD(JR) as the appropriate basis expressly enshrined in legislation. I know that the member for Grayndler finds it a little inconvenient that he recently voted in support of exactly this level of standing and mechanism not just without demur but with active support for the legislation—and we thank him for his active support for that legislation. I would have thought that that principle applied to everybody. Clearly, it is a case of picking and choosing.

Let me finish on this situation. The position is absolutely clear: this amendment bill will prevent those with no connection to the project other than a political ambition to frustrate decisions made under the EPBC Act, which have been made subject to the most rigorous environmental approvals, from using the courts to 'disrupt and delay projects' that have been appropriately considered under the EPBC Act.

I would also note that, on the advice I have, there has not been a single case under section 487 of the EPBC Act of a farmer seeking to bring action and relying on that as standing. The farmers' right is fundamentally enshrined and protected, and the neighbours' right is fundamentally enshrined and protected under the EPBC Act, through the AD(JR) Act. For the purposes of the Acts Interpretation Act, let me make this statement: this amendment will maintain, protect and endorse the rights of those with a genuine and direct interest in a matter, such as farmers and landowners. It maintains, protects and endorses their rights, as should be the case. For these reasons I commend this bill to the House.

Comments

No comments