Senate debates

Thursday, 27 November 2025

Bills

Environment Protection Reform Bill 2025, National Environmental Protection Agency Bill 2025, Environment Information Australia Bill 2025, Environment Protection and Biodiversity Conservation (Customs Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (Excise Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (General Charges Imposition) Bill 2025, Environment Protection and Biodiversity Conservation (Restoration Charge Imposition) Bill 2025; In Committee

5:21 pm

Photo of David PocockDavid Pocock (ACT, Independent) Share this | Hansard source

As you said, this national interest exemption is a dramatic thing, and I think that the example that you've given is probably the most extreme that most Australians could think up. I think most Australians would accept the wartime explanation, but the definition of national interest under the act is actually very broad. It includes things like strategic interest and international obligations. So I'm interested in what certainty this gives nature and business on the types of situations that would give rise to the national interest. Could you say a little bit more. If it isn't wartime, what are the reasons to not tell us the reasons and to say, 'This is so confidential that we can't tell Australians.'

I'll ask another question so we can get through them quicker. You go through the process as you've outlined, but then the government says: 'This is actually in the national interest. We need to do it.' Does that damage then also have to be offset, or do you just get a free pass on offsetting?

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