Andrew Southcott (Boothby, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Joint Standing Committee on Treaties, I present the committee’s report entitled Report 83: Treaties tabled on 20 June (2), 17 October, 28 November (2) 2006 and CO sequestration in sub-seabed formations.

Ordered that the report be made a parliamentary paper.

by leave—Report 83 contains the committee’s findings on four treaty actions. The committee found all the treaties reviewed to be in Australia’s national interest and, where a recommendation was required, recommended that binding treaty action be taken. I will comment on all the treaties reviewed in report 83.

The agreement with Mexico on the promotion and reciprocal protection of investments, and protocol, will benefit investors by offering most favoured nation status with regard to Australian investments. It will also provide guarantees for investors, including on issues such as nationalisation, and establish mechanisms for resolving investment disputes.

The committee delayed reporting on this treaty until issues raised by the Queensland government were addressed by the Department of Foreign Affairs and Trade. The Queensland government had concerns regarding the expropriation and compensation provisions of the agreement. DFAT explained that these are necessary to provide protection for Australian investors overseas, that they are common for our other investment agreements and that taxation or revoking permits was unlikely to constitute expropriation at international law. These issues were resolved in February this year. This is an example of the treaties committee holding up a report until all concerns have been satisfactorily answered. The committee takes its responsibility for consultation seriously and, where it can, will address issues raised during its consultation before tabling its recommendation and report.

The amendments to the Schedule to the International Convention for the Regulation of Whaling continue the moratorium on commercial whaling. The committee understands the importance of whale conservation and strongly supports the treaty amendments which give effect to the ban on commercial whaling. However, the committee is concerned by recent events which jeopardise the effectiveness of that moratorium. Iceland’s decision to resume commercial whaling contravenes the convention and Japan’s continued whaling under the scientific research provision of the treaty undermines the object and purpose of the convention. The committee was informed that Japan took 853 minke whales and 20 fin whales as part of its whaling program in the Southern Ocean in 2005.

The committee tabled its recommendation relating to the agreement with Cambodia concerning the transfer of sentenced persons in December last year, approximately three months earlier than was required. Report 82 was a short report which consisted mainly of the recommendation that binding treaty action be taken in relation to the agreement. It was important to the committee that any Australian who would apply for prisoner exchange under the agreement would be able to do so as soon as possible. The committee is aware that one Australian serving a prison sentence in Cambodia was arrested in 2005, when he was 16 years old. Cambodia is not part of any multilateral convention relating to the transfer of prisoners and has not completed a bilateral transfer of prisoners agreement with any other country. As you can see, Mr Deputy Speaker, Australia’s treaty with Cambodia is a significant achievement and one which will allow Australian prisoners currently serving sentences in Cambodia to serve their sentences in Australia.

The amendment to annex 1 to the London protocol will allow Australia and other countries to capture and store carbon dioxide in sub-seabed geological formations. The London protocol protects the marine environment from pollution related to sea dumping. The amendment to the London protocol was required to ensure that carbon dioxide could be captured and stored consistent with Australia’s international obligations under the protocol. Chevron are currently proposing to strip carbon dioxide from the natural gas it recovers and eject it into the Dupuy formation 2,000 metres below Barrow Island. Sub-seabed geosequestration of carbon dioxide is one of a number of practical measures which can reduce atmospheric carbon emissions and reduce the subsequent climate change. I commend the report to the House.

Kim Wilkie (Swan, Australian Labor Party) Share this | Link to this | Hansard source

The Joint Standing Committee on Treaties’ report 83 contains the review of four treaty actions. The agreement with the United Mexican States on the promotion and reciprocal protection of investments, and protocol, is an important agreement which provides certain treatment for investments and is expected to foster increased export and investment opportunities for Australia. Mexico and Australia regard each other as potential strategic partners in areas such as energy, mining and agriculture, based on Australia’s ability to supply coal and liquefied natural gas and the potential for Australian miners to invest in Mexican projects.

The amendments to the schedule to the International Convention for the Regulation of Whaling mean that the ban on commercial whaling is continued for the next year. The committee strongly supports the conservation of whales and welcomes the opportunity to hear regularly from departmental representatives on recent developments in whaling conservation.

The prisoner transfer agreement with Cambodia will allow Australians serving prison sentences in Cambodia to serve the remainder of their sentences in Australia. The committee was informed that there are five Australians in prison in Cambodia, one who was 16 years old when he was arrested in 2005. The committee thought it was important for the agreement to enter into force as quickly as possible so that Australian prisoners in Cambodia could take advantage of its terms. As a result, the committee tabled its recommendation only a number of days after the public hearing was held and three months before the report was due.

Report 83 includes a detailed discussion of the agreement and the committee’s thoughts on this important development. It also demonstrates the committee’s willingness to act quickly where required and highlights the difficulties for the department and also the government when they try to invoke the national interest exemption clause and argue that there is insufficient time for the committee to examine a particular treaty. For example, the government recently invoked the national interest exemption for the Certain Maritime Agreements in the Timor Sea Treaty. In my view, this is totally unnecessary, given the committee’s willingness to act quickly in the national interest.

Geosequestration involves injecting CO directly into underground sedimentary basins which can be either onshore or offshore. Declining or depleted oil and gas fields, saline aquifers and unminable coal seams are potential storage sites. The London protocol is designed to protect the marine environment from pollution relating to sea dumping. The committee was informed that carbon geosequestration was not contemplated when the London protocol was being developed, so carbon geosequestration is currently illegal in the marine environment. The amendment to the London protocol will allow the capture and storage of carbon dioxide in sub-seabed geological formations.

It is important to point out that what we are talking about here is geological formations under the seabed or underground on land. It is not the depositing of CO in very deep water, for example, where it could form a jelly-like substance. That needs to be looked at in the future.

In conclusion, I would like to thank the secretariat for their involvement and work for the committee. They have done a fantastic job yet again. I would also like to thank those people who put in submissions in relation to these matters. I endorse that binding treaty action be taken and commend the report to the House.

Ian Causley (Page, Deputy-Speaker) Share this | Link to this | Hansard source

I move:

That the House take note of the report.

In accordance with standing order 39(c), the debate is adjourned. The resumption of the debate will be made an order of the day for the next sitting.