Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

Here comes yet another UN power grab for control over Australian sovereignty. The High Seas Biodiversity Bill 2026 implements Australia's obligations under the agreement made under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction. Nobody at the UN, it seems, thought maybe a shorter name would suffice. It's called BBNJ for short—BB, biodiversity bill, and NJ, areas beyond national jurisdiction. The bill addresses three core parts of the BBNJ agreement: marine genetic resources, MGR; area based management tools, ABMDs—the UN's full of acronyms, isn't it—and environmental impact assessments, EIAs. Exemptions apply to activities in Antarctica, which maintains Australia's rights in that region.

Of the main provisions of the bill, the first relates to marine genetic resources and digital sequence information. This establishes a notification based regime for Australian entities collecting or utilising marine genetic resources. Entities must submit pre-collection, post-collection and utilisation notices to the minister. The minister may issue collection or utilisation certificates. Then again, the minister may not. This could actually lock up nature's own undersea pharmacy and protect the pharmaceutical industry. Remember, natural products can't be patented. They're a threat to the pharmaceutical industry. The provision in this bill which requires genetic material, including DNA sequences, to be made publicly available in a regulated repository and database may act to stop companies spending the money to conduct this research, either in entirety or via avoidance behaviour. The regulations do allow some scope for protection of intellectual property, although, given the cost of deep-sea exploration, there is a real risk of this bill reducing the deployment of nature's remedies hidden in the ocean depths.

Noncompliance triggers civil and criminal penalties. While previous UN agreements have made the same requirement—criminal penalties on Australians—these have been in areas where such penalties are appropriate—terrorism, genocide, slavery, and suchlike. This is the first agreement that extends the UN's powers to cover criminal penalties for an action which one would not immediately consider illegal, like taking DNA from a marine creature, looking for a compound that could cure human disease.

The second aspect relates to area based management tools, ABMTs, and specially managed areas. This creates a framework to recognise international area based management tools—for example, marine protected areas—decided by a UN conference of the parties. The minister must declare the area a specially managed area and determine a special management plan within 120 days, consistent with the area based management tools. Plans may include permitting regimes or prohibitions. Offences apply for contravening the plans.

The explanatory memorandum and the hype around this agreement show great lengths have been taken to carve out commercial fishing from the agreement. Regional fisheries management organisations, like the ones that manage tuna across the world's oceans, remain fully in charge of quotas, gear rules, seasons, and enforcement. The agreement contains a strong non-undermining clause, article 5.2, that says the whole treaty 'shall be interpreted and applied in a manner that does not undermine' existing fisheries bodies and rules. This was a key demand from fishing nations during negotiations, and it is repeated throughout the text when it comes to area based management tools, although there is a provision which takes precedence, which is marine protected areas on the high seas. The UN conference of the parties can propose and adopt area based management tools to protect vulnerable ecosystems, such as undersea mountains, hydrothermal vents, migration corridors and so on. How much of the ocean can be carved out in this manner depends on the exclusion zone around each of these and on the definition of things like migration corridors. Expect a significant percentage of the world's ocean to be caught in environmental exemptions—probably 30 per cent, a figure I'll explain in a minute.

I appreciate there are checks and balances in this process, yet we have seen the zeal with which anything United Nations is embraced by the Labor Party, the Liberal Party, the Greens and the teals. Does anyone really think the uniparty is going to say no to the United Nations once these powers have been granted? The UN has already decimated Australia's fishing industry under these same environmental rules. Now they'll do the same thing to ocean fishing, which, according to the UN's own Food and Agriculture Organization, yields 11 billion tonnes of fish—of food, and protein—annually. Eleven billion tonnes of food to feed the world's hungry may be at risk, and One Nation would argue it is at risk. Australia's aquaculture industry, fish grown in farms, is only 100,000 tonnes per annum, according to ABARES, the Australian Bureau of Agricultural and Resource Economics and Sciences. This doesn't include wild-caught fish.

What country has the ability to produce billions of tonnes of protein to replace the billions of tonnes of fish at risk from this agreement? Australia is an entire continent, and we can only manage thousands, not billions, of tonnes of aquaculture. Even the measly 40,000 tonnes coming out of Tasmania's fish farming in Macquarie Harbour is under attack right now for being too much, too intensive, too damaging, according to the Greens, who support this bill, so go figure. What will people eat in Greens land? It's not the first time I've asked them that question, and I still haven't heard their answer. As Australia cannot change an international agreement, all One Nation can do is oppose this bill, and we will.

The third aspect is the environmental impact assessment regime. This introduces a mandatory environmental impact assessment process for activities within Australian jurisdiction that may cause substantial pollution or harmful changes in the environment. Note the use of the word 'may', which is bureaucrat speak for anything they want it to mean—include anything. Every stage of the project is subject to individual licensing, scrutiny, reporting and review. The United Nations' recipe for everything is more bureaucracy, more licences, more power and more control taken to New York to make things worse—and, if not New York, Geneva.

How will this legislation solve the major problem actually threatening large areas of our oceans—the Great Pacific Garbage Patch, covering 1.6 million square kilometres; the south Pacific garbage patch; the north Atlantic garbage patch; the south Atlantic garbage patch; and the Indian Ocean garbage patch? How? It won't. Can anyone show me where in this legislation these abominations, these embarrassments to civilisation will be fixed through this legislation? You can't, Minister, because the source of this pollution is third-world countries chucking their rubbish into rivers, which travels out to sea and gathers in the gyres between permanent ocean currents. Those will not be covered by the international agreement this legislation introduces, because nobody wants to take on the countries doing it. You won't take them on.

Australia did it, though. We banned the export of our waste to third-world countries, who were taking out anything of value from the rubbish and then using their rivers as waste disposal facilities—putting their rubbish, our rubbish, into their rivers and then into the ocean. We did that without a United Nations agreement. We took out the dumping of rubbish and the exporting of our rubbish. We banned the exporting of our rubbish. We did that because it was the right thing to do. And, for the record, One Nation supported that legislation. Here's the catch, though. Under this agreement, if the United Nations wanted to solve the rubbish handling across nations whose populations exceed three billion, Australia would have to pay for it. That's the point of this bill. We undertake to pay whatever our share of whatever they spend becomes.

The fourth area is compliance, enforcement and administration. Australia appoints inspectors for monitoring, investigation, civil penalties, infringement notices, enforceable undertakings and injunctions. This includes information notices, audits and protections against self-incrimination. Australia authorises grants, payments and financial arrangements to meet the BBNJ obligations, including capacity building and technology transfer. When I said 'more bureaucracy', I wasn't joking. This is an insane level of new bureaucracy that we will be paying for.

And here's our next objection: the bill creates the heads of power for the government to make appropriations for the purposes of paying our share of this whole new bureaucracy yet doesn't say how much. You do not say how much. It can't, because the UN hasn't set their cost yet. Whatever that outcome becomes, we pay our share of that. This legislation is a blank cheque to the bloody United Nations. One Nation will not sign blank cheques. This is taxpayer money. Taxpayers are under extreme cost-of-living pressure and housing prices. This is taxpayers' money, and we have an obligation to make sure it's being spent properly. When you can't fulfil that obligation, we don't want to spend it. There's no reason why the spending can't be put in a separate bill when the cost is known. Then again, financial responsibility goes out the door when it's the United Nations asking or the World Health Organization, which is part of the UN, or the Asian Development Bank or the World Bank or any other globalist entity so beloved by the uniparty.

Finally, let me share with the Senate One Nation's overarching objection to this and similar legislation. The Kunming-Montreal Global Biodiversity Framework was adopted in December 2022 at the UN Convention on Biological Diversity, United Nations Conference of the Parties 15. This framework, which Australia has signed, includes 23 targets for 2030—that's just four years away. Target 3, called the 30-30 target, requires members to conserve and manage at least 30 per cent of terrestrial, inland water, coastal marine areas and oceans by 2030 through creating protected areas, taking area based conservation measures and recognising Indigenous territories.

That's exactly what this bill does. For all the nice words—the fraudulent wording—around protecting fishing, this bill will give the United Nations, in their own words, the right to lock up 30 per cent of the world's oceans from fishing. In so doing, the world's hungry will lose billions of tonnes of food, of protein and of good nutrition. That's what you're all voting for. One Nation opposes this bill.