Senate debates

Wednesday, 23 June 2021

Bills

Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021; Second Reading

12:26 pm

Photo of Andrew McLachlanAndrew McLachlan (SA, Liberal Party) Share this | Hansard source

I rise to speak on the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021. Those of you who were listening carefully to my maiden speech will recall that I raised the importance of the River Murray to each and every South Australian. Every South Australian is committed to the Murray-Darling Basin Plan and its successful operation. This bill, which I am strongly in favour of, provides the compliance mechanisms that are much-needed to ensure that we all have surety that the plan is working, that everyone who relies and lives on the river has an opportunity that is not degraded and that each and every person in their interaction with the river is transparent and fair.

We talk about environmental flows. I think the river itself should be seen as having been given a voice, and the 450 gigalitres is effectively its voice. South Australians have custody of the Coorong, one of the jewels of this country. The management of a river in the manner of the plan is not a new concept. Its management is unique, but it's not a new concept. Ancient rights always have been allocated to those living by a river or relying upon a river. They weren't just rights; they were obligations. Every community has rights and obligations, but so do the river and the environment. The river has to have a voice, and that is what the plan ensures.

Senator Patrick interjecting—

I'm going to ignore the interjections of my South Australian friend, whose passion for this river I share. As a lawyer, I take great comfort from the structure of this accountability mechanism, particularly the enforcement provisions. I think this is what has been lacking in the management of the river. There are many different views along the banks of this river, but I ask honourable senators to spare a thought for those of us who live at its end. It is the sole purpose of our community. It is our lifeblood. It is the representation of our aspirations. If it is sick, we are sick. If it thrives, we will thrive. We understand better than anyone the importance of responsible management of this river and the importance that the environment, the community, the wildlife and the biodiversity have to the health of the river and also the communities. I do not see them as being binary concepts.

The development of this plan has had a long history. We've all invested, as South Australians, in the success of this plan. It is disheartening to ever hear, from any quarter, no matter where, that there is a lack of commitment elsewhere to the success of this plan. We do not want, as Australians collectively, to degrade one of our greatest national assets, which weaves across what are, in essence, artificial borders. This plan is underwriting the success of the Commonwealth itself. If this federal parliament, the Commonwealth, the collected states and territories, cannot agree on a plan that delivers a healthy river, then how can we expect to be credible in trying to help all Australians, no matter where they come from or what their issues are?

The inspector-general replaces and assumes the independent assurance functions of the non-statutory interim inspector, and I thank the interim inspector for his work. But, like all positions, it needs the authority of statute and enforcement mechanisms. Importantly, the bill, if enacted, will create real deterrence around water theft and illegal water-trading offences by establishing criminal and civil offences. Compliance is at the heart of any water-sharing system. This will be a strong, independent regulator and give comfort to all those who see the river as important to their lives.

A key priority for the inspector-general will be to encourage greater consistency in the guidelines and standards across the basin so that all water users are held to the same high bar. Consistent standards and guidelines will provide the inspector-general with a framework to evaluate the performance of basin jurisdictions, including the Commonwealth, in delivering the Basin Plan. I understand that the bill builds on many years of engagement with communities and stakeholders. All community members—and I emphasise 'all'—will have greater protection from water theft and water trading as a result of the passage of this bill. It is often said that sunlight is the great disinfectant. In this case, this is the necessary piece in the puzzle to support the future operation of this plan—and not just its operation but it success.

Each and every South Australian is committed and tied to this river not only economically but emotionally as well. It is a sacred water path to us all. One only needs to spend time near Goolwa and on the Lower Lakes to see that its beauty should never be compromised. Our Indigenous people have a deep and abiding connection to this place. Practically, if the Murray mouth fails, salinisation will be a problem further up the river into Victoria and ultimately New South Wales. South Australia as a state is committed to every tool required to keep the health of this river.

I return to the ancient and magical doctrine of common interest, which I first read about while studying law at the University of Edinburgh. This plan puts the skeleton and the flesh on that ancient concept—rights, yes, but also responsibilities. The people who live off the river are extremely important, but their livelihoods will not be secured if the river itself, as an entity, almost a living being, is abandoned for rank commercial interests. South Australia may never have been settled if it were not for this river. It is the one political issue that binds every South Australian, regardless of their political stripe. We will continue to advocate for this plan. For us, the Murray-Darling Basin Plan was a compact for our future, a compact in which we could participate in this Commonwealth, this federation of states and territories, as an equal partner—not under the sword of Damocles, constantly under threat by the actions of others, further up the river, who would otherwise be self-interested.

The problems faced by communities living off rivers that weave through countries are not new. We should show the world that you can come together as a community, as a Commonwealth, and deliver water justice for all. I implore all honourable senators, particularly those from upstream, to have regard for the fact that you have ancient obligations to the people of South Australia, not just legislative obligations but moral ones. Therefore, I would like my plea to the Senate to be seen not just as an endorsement of the legislation that underpins the plan—and this bill, which seeks to enforce it—but also as making the moral case for one community to show compassion and care for another. Otherwise, what is the point of the Commonwealth? What is the point of this parliament? What is the point of this Senate? I recommend this bill favourably to my honourable senators.

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