Senate debates

Wednesday, 17 August 2011

Questions on Notice

Operation Talisman Sabre 2011 (Question No. 449)

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | | Hansard source

asked the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities, upon notice, on 16 March 2011:

With reference to Operation Talisman Sabre 2011:

(1) In regard to the Talisman Sabre exercises, what will be the actual cost to the department of the exercises, for example, clean-up operations, monitoring, herding dugongs out of the live fire area etc.

(2) In regard to the AECOM public environment report (PER) concerning the exercises, for which the public comment period closed on 10 December 2010:

(a) how are the unlikely scenarios for which the exercises are intended to prepare the Australian Defence Force (ADF), such as nuclear warfare, weighed up with the actual damage done to the marine and terrestrial environment;

(b) to what extent has the projected or potential impact on the area in which the exercises are to be conducted and, in particular, Queensland's Shoalwater Bay region, the Great Barrier Reef Marine Park and the Coral Sea, been assessed;

(c) who conducted the assessment in paragraph (b);

(d) what were the outcomes of the assessment in paragraph (b);

(e) what assessment has been carried out of the impact of the floods in Rockhampton and the cyclone around Cowley Beach;

(f) if no assessment has been carried out in relation to paragraph (e), why not;

(g) to what extent have the impacts of the floods and cyclone in Queensland altered the planning for the exercises; and

(h) based on the understanding that the Great Barrier Reef and other marine environments have been damaged by the recent extreme weather conditions and given the intense naval activity associated with the exercises, will the department consider postponing the exercises in order to give the region an opportunity to recover; if not, why not.

(3) In regard to the rights of traditional owners:

(a) to what extent has the department, representatives of any other government agency, or the ADF consulted with the Darumbal people, the traditional owners of the Shoalwater Bay area, on the use of Shoalwater Bay for these exercises or any other training exercises;

(b) if there has been consultation, what was the outcome of that consultation; and

(c) if there has not been consultation, why not and will the department consult with the Darumbal people prior to the commencement of the exercises.

(4) In regard to nuclear and chemical risks, the PER acknowledged that live firing can cause environmental contamination:

(a) are military activities exempt from the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999?

(b) what guarantee can be given that contamination of the natural environment will not occur as a result of the exercises;

(c) will toxic materials such as red phosphorus marine markers, seawater ballast containing introduced species and ship-board waste be introduced into the environment in connection with the exercises; and

(d) will depleted uranium armaments be used during the exercises.

(5) In regard to the use of white phosphorous and explosives that contaminate groundwater, and given that perchlorate, the primary ingredient in rocket fuel, has been found to have contaminated groundwater in 20 United States of America (US) states as a result of its use at rocket test site, military bases and production plants, that it has been linked to thyroid conditions, birth defects and problems with newborn development and that reports indicate it has contaminated food supplies in some parts of the US:

(a) will perchlorate be used during the exercises;

(b) what measures will be taken to ensure perchlorate does not contaminate the marine environment or groundwater in the surrounding area;

(c) what testing has been done to monitor whether the groundwater at Waterpark Creek, Queensland, has been contaminated by perchlorate;

(d) will white phosphorus, TNT or RDX be used in the exercises; and

(e) to what extent will heavy metals, including mercury and lead, be dispersed into the environment during the exercises.

(6) In regard to sonar risks, the PER notes that active and passive sonar will be used:

(a) can it be confirmed that mid to low frequency sonar is associated with whale beaching, brain haemorrhaging, and disruption to breeding cycles;

(b) given that the PER states that 'Australia and the United States are committed to environmental stewardship and take the need to protect marine mammals from the effects of underwater sound sources very seriously' – can the Minister confirm that the US Navy has exemptions from US legislation designed to protect endangered species and to allow their use of sonar virtually anywhere;

(c) is the Minister aware that in 2008 environmentalists in the US took the US Navy to the US Supreme Court to try to stop them using sonar during the Talisman Sabre 2007 exercises in Hawaii because intense sound waves can harm or even kill 37 marine mammals, including sea lions and endangered whales;

(d) what guarantee can the department provide that sonar use during the exercises will not have adverse affects on marine life, including the beaching of whales, brain haemorrhaging in cetaceans and disruption to breeding cycles;

(e) how will the impacts of sonar on whales and mammals be measured during the exercises;

(f) how can the Minister guarantee the war games have not killed or injured cetaceans unless affected animals wash up on shore;

(g) what measures will be taken to mitigate any detrimental impacts of sonar on marine life during the exercises; and

(h) measured from the vessels in yards, how far can the sonar currently being used in the exercises travel, given that the PER proposes that sonar will be suspended if a whale is sighted within 1000 to 4000 yards from a ship.

(7) In regard to the PER, which states that the exercises will destroy 2 hectares undersea in Shoalwater Bay and create significant noise and residue, and that 'the risk of psychological harm to marine fauna' is of concern:

(a) what is the anticipated psychological impact on marine fauna; and

(b) what resources and services will be provided to address the concerns for psychological harm to marine fauna.

(8) Given that Shoalwater Bay is home to the east coast of Australia's biggest endangered dugong population, the PER states the animals will have to be moved away and that during the 2010-11 Supplementary Budget Estimates hearings of the Environment and Communications Legislation Committee it was described that large marine animals would be ushered out of the area:

(a) how many dugongs live in the affected area;

(b) what percentage could reasonably be expected to be ushered out of the area; and

(c) what other measures are being undertaken to protect marine life from the effects of excessive sound caused by the exercises.

(9) In regard to noise and impacts on the local community:

(a) what has been done to protect the community of Byfield, Queensland, near the designated live firing range, or any other community in the area, from the risk of fire being caused in nearby forest;

(b) what measures will be taken to avoid excessive noise in habituated areas;

(c) will the US and Australian military honour edicts regarding flight paths to avoid excessive noise in habituated areas; and

(d) can a guarantee be provided that 2 hectares is the maximum area that will be directly affected.

(10)    In regard to waste and water dumping, what measures will be in place to ensure that:

(a) ballast water carrying introduced species will not be dumped in the marine environment; and

(b) shipboard waste, which can starve, amputate, maim and infect marine life, will not be dumped in the marine environment but be disposed of properly.

(11) In regard to social or political impacts that question the rationale behind the exercises:

(a) do the exercises require state or federal environmental impact statements or assessments to be formally assessed by the Commonwealth or state governments;

(b) what independent mechanisms of assessment on the conduct of the exercises are in place;

(c) will the department conduct an analysis of the social impacts of the exercises; if not, why not; and

(d) will the department conduct an analysis of the potential political impact of the exercises in the region in the current geo-strategic environment; if not, why not.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

The Minister for Defence has provided the following answer to the honourable senator's question:

(1) Talisman Sabre 2011 is a joint and combined exercise and the funding is broken down across the Services and Headquarters Joint Operations Command (HQJOC). The total cost to Defence to conduct the exercise incorporates the participation of other areas in Defence, and will not be known until after the exercise is complete, including any clean-up operations. For Talisman Sabre 2009 the cost of the exercise to Defence was estimated at approximately $48 million, excluding the cost of ownership of Australian Defence Force (ADF) assets.

It is not possible to separately cost Defence's environmental management of Exercise Talisman Sabre 2011. Environmental management responsibilities for the exercise are incorporated into participating staff's duties as part of Defence's ongoing Environmental Management System. No financial resources will be dedicated to herding dugongs out of live fire areas as this is not the approach that Defence takes to mitigating risks to dugongs. Defence vessels avoid dugongs by altering course, slowing or stopping altogether when encountering these or other marine mammals, and activities such as live fire exercises are suspended if dugongs are at risk of harm.

(2) (a) Talisman Sabre 2011 is a United States (US) led, Australian supported combined exercise focused on the planning and conduct of warfighting. The exercise does not include any scenarios involving training for nuclear warfare.

The environmental impact assessment process is designed to identify the potential risks of exercise activities and mitigate any effects to the extent practical. Talisman Sabre exercises do not cause any significant damage to the environment. It should be noted that Defence training areas like Shoalwater Bay Training Area (SWBTA) have been specifically set aside by the Government for the military to undertake training activities that have some risk of impacts.

Defence has been conducting major combined joint exercises at SWBTA for many years. Capricornia Conservation Council (CCC) observed on 22 March 2011 that 'for the past 16 years, conservation interests have been represented on the SWBTA Environmental Advisory Committee (EAC). CCC has, in the main, been supportive of the measures taken by Defence to study, monitor and manage the SWBTA environment. Recent activities have included improved fire and pest management practices, the temporary closure of roads and damaged sectors to ensure remediation can occur following exercises… CCC believes that Defence has provided effective custodianship of SWBTA.'

Risk workshops are conducted for each Talisman Sabre exercise with Defence, the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) and environmental consultants. An example of a previous 2005 workshop which evaluated various Defence activities including nuclear accidents is on the GBRMPA website at:

http://www.gbrmpa.gov.au/corp_site/management/eam/project_examples/defence.

(b) The potential for environmental impacts of major exercises are assessed by Defence in accordance with the requirements of relevant environmental, health and safety laws, international treaty obligations and Defence's own internal policies and procedures. The Great Barrier Reef Marine Park Authority (GBRMPA) also provides environmental advice to Defence on the potential impact of Defence activities on the Great Barrier Reef Marine Park.

(c) As is the case with other major exercises, Defence has undertaken the assessment of Talisman Sabre 2011 using the services of a professional environmental consulting company. The process has also involved regular consultation with representatives from State and Commonwealth environmental regulatory agencies.

(d) The assessment has not yet been completed and will not be finalised until after the final exercise planning conference confirms the activities that will be undertaken as part of the exercise. To date no significant environmental impacts have been identified.

(e) and (g) The condition of Defence training areas are routinely assessed as part of Defence's training area management procedures and environmental management systems.

SBWTA terrestrial areas were not affected by the Fitzroy River flood in Rockhampton in early 2011. So far in 2011 the training area has received large amounts of localised rainfall which has resulted in localised flooding. Defence is actively monitoring on ground conditions and has strategies to enable activities to proceed where the environmental conditions allow activities to occur in a sustainable manner.

Infrastructure maintenance works have continued to occur to conduct repairs and routine maintenance to flood damaged road networks within SWBTA. These works commenced on 25 January 2011 and are ongoing.

Tropical Cyclone Yasi caused vegetation damage at Cowley Beach Training Area (CBTA). Vegetation debris is currently being removed from the track network at CBTA. Only those parts of training areas that are considered suitable for the conduct of activities under the Talisman Sabre banner will be used.

(f) N/A.

(h) No. Most of the naval elements are not located in the Great Barrier Reef but will be operating well offshore in the Coral, Timor and Arafura Seas. Some naval activity associated with the conduct of an amphibious landing will occur at SWBTA. It is not considered that this activity will have any measurable impact on the environmental values of the Great Barrier Reef.

(3)   (a) The Darumbal people have representation on the SWBTA Environmental Advisory Committee (EAC). This meeting is held biannually and membership is made up of local key stakeholders including the GBRMPA, State Government Department of Environment and Resources Management (DERM) and Department of Employment, Economic Development and Innovation (DEEDI), neighbouring graziers, Forestry Plantations Qld Pty Ltd, conservation group representation, Central Queensland University, fisheries representatives and Rockhampton Regional Council.

Defence provides members with an update of upcoming exercises and activities for SWBTA along with planned works (infrastructure and environmental).

A representative from the professional environmental consulting company who is undertaking the Public Environment Report attended the 12 October 2010 meeting. Members were advised of public consultation dates and locations along with an overview of the Talisman Sabre 2011 exercise concept of operations. All EAC members are provided detailed minutes from the meetings.

(b) The Darumbal member was unable to attend the 12 October 2010 meeting however has been informed of the meeting discussions and provided with the meeting minutes.

(c) N/A.

(4) (a) No.

(b) All emissions and contamination arising from Defence activities associated with the exercises are managed in accordance with international treaty obligations, Australian domestic environmental, health and safety laws, Defence internal policies and procedures and specific exercise plans and protocols. Environmental monitoring data has been collected from water catchments around impact areas at SWBTA which demonstrates that use of SWBTA for military training is not having an impact on neighbours or the Great Barrier Reef. There have not been any significant incidents that have caused contamination of the environment arising from major exercises.

(c) No. All discharges to the environment occurring as part of the exercise are carefully managed in accordance with all relevant environmental laws and procedures. Discharge of sewage and ballast water from ships is strictly regulated to a standard that meets or exceeds the requirements of the International Maritime Organisation (IMO) and particularly for naval vessels operating in the Great Barrier Reef.

(d) No. Defence has repeatedly assured the Australian public over many years that depleted uranium ordnance is not in the inventory of munitions approved for use in Australia.

(5) (a) Yes.

(b) Perchlorate contamination is an issue on military training areas particularly where large numbers of rocket propelled munitions have impacted on training area targets. In Australia, Defence has done some monitoring of target areas to assess whether perchlorate contamination might be a significant issue. Given the comparatively low number of perchlorate containing munitions used in Australia, contamination is not considered a significant risk. No targeting of the marine environment by ordnance containing perchlorate is planned for Talisman Sabre 2011.

(c) SWBTA has an established annual water quality monitoring program consisting of 27 established sites. All sites are freshwater sources. Surface water is tested for a mixture of the following parameters: physiochemicals, nutrients, chlorophyll, pathogens, metals (dissolved), high explosives, petroleum oil and lubricants and pesticides / insecticides.

Water Park Creek is specifically tested for physiochemicals, nutrients, chlorophyll, pathogens, metals (dissolved), high explosives, petroleum oil and lubricants and pesticides/insecticides.

Sandy Creek is tested for physiochemicals, nutrients, chlorophyll, pathogens, metals (dissolved), high explosives and pesticides/insecticides.

Annual testing commenced in April 2011 and results are expected in June 2011. No Groundwater testing occurs on SWBTA.

(d) Yes.

(e) Ordnance is only introduced into the environment in designated target areas. Metals contamination is an issue that Defence routinely manages on its training ranges.

(6) (a) No.

(b) No. Defence understand that the US Navy holds permits from the US regulatory agencies to operate the types of sonar fitted to US ships. Defence is not aware that the US Navy has exemption from US legislation that would permit the use of sonar anywhere in the world.

(c) No. Talisman Sabre 2007 was not held in Hawaii. Australia participated in RIMPAC exercises in Hawaii. Defence understands that the courts in the US did not accept all the claims being made by environmental groups about the potential for sonar to harm marine mammals.

(d), (f) and (g)   As set out in the PER, the use of military sonar during exercises in Australia is strictly regulated by procedures recognised as leading the world in terms of the level of protection afforded to marine mammals.

(e) Procedures require sonar to be shut down if whales approach too close to ships. Defence has funded significant world class research on marine mammal habitat in the Coral Sea, and research outcomes have been used to ensure that sonar activities are not programmed to be conducted in areas where animals are known to congregate.

(h) Sonar performance parameters are classified. However, Defence Science and Technology acoustic experts have advised that the received levels from active sonar will have fallen below levels considered to have the potential to disturb marine mammals within 4,000 yards of the ship. These levels are similar to those mandated for other noise generating activities in the marine environment.

(7) An area of two hectares undersea in Shoalwater Bay will not be destroyed during Talisman Sabre 2011. Underwater demolitions occur at the existing demolitions range in Shoalwater Bay. The area impacted by activities involving demolitions over the past 20 years is approximately two hectares. The pristine marine area of Shoalwater Bay is 164,000 hectares. The Defence impact area represents approximately 0.0012 per cent of the Shoalwater Bay marine area.

(a) The PER identifies accidental physical and/or psychological harm to marine fauna caused by collisions from vessel manoeuvres and amphibious landings as a potential impact to the marine environment. This potential risk and impact is mitigated to an acceptable level through management controls such as the Talisman Sabre 2011 Environmental Management Plan (EMP) and the ADF Maritime Activities EMP. The ADF Maritime Activities EMP dictates strict procedures recognised as leading the world in terms of the level of protection afforded to marine mammals. Procedures in place require activities to cease if marine mammals are detected prior or during the exercise, reducing the risk of physical harm to marine mammals to very low.

(b) None.

(8) (a) Aerial surveys of dugong populations commissioned by GBRMPA have been carried out by James Cook University since 1984. The most recent aerial survey conducted in Shoalwater Bay was in 2005 and the numbers were estimated at 895±295 (population estimate ± standard error).

(b) The PER does not state marine mammals will be ushered out of SWBTA. The claim that large marine mammals are moved is not correct. The mitigation measures in place for Talisman Sabre 2011 used to prevent injury to marine mammals do not include any form of herding, relocation or displacement. The measures require the participants to cease activities if marine mammals are detected during a monitoring period before the activity commences, or during the activity itself.

(c) Talisman Sabre 2011 activities have been carefully programmed to avoid areas where marine mammals are known to congregate. As a secondary precaution, vigilant monitoring and, where necessary, shutdown of activities is mandated by the Talisman Sabre 2011 EMP and the ADF Maritime Activities EMP.

(9) (a) Defence annually produces a hazard reduction burn plan, designed to reduce fuel loads with an aim of securing the training area boundary (from the potential of fire escaping or coming into the training area), protect assets and conducting burns for ecological purposes.

Defence staff and Defence contractors meet with Queensland Parks and Wildlife Service, Forestry Plantations Qld Pty Ltd and Queensland Fire and Rescue Service annually to discuss proposed burns and work together where possible on combined boundary protection.

Range Standing Orders stipulate that no live firing is to occur within one kilometre of the range boundary. Defence also enforces site restrictions such as restricted use of flares and pyrotechnics in certain sectors of SWBTA to further reduce the risk of fires in certain areas.

(b) Overflight of populated areas by military aircraft is strictly controlled to avoid subjecting people to unacceptable levels of noise.

(c) Yes.

(d) See response to 7.

(10) (a) Ballast water discharge is regulated by the International Maritime Organisation's (IMO) Ballast Water Convention. Participants will manage the marine pest risks posed by ballast water exchange in accordance with the IMO's Ballast Water Convention prior to entry into the Great Barrier Reef Marine Park. All but a very small proportion of ballast water is embarked and discharged at the same location, preventing significant risk of translocation.

(b) All shipborne wastes are managed in accordance with the IMO's Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 (Marine Pollution (MARPOL) 1973/1978). Plastic materials, known to create ingestion and entanglement hazard to marine animals, are banned from being discharged by MARPOL, and Talisman Sabre 2011 participants are required to comply with this international ban.

(11) (a) Defence complies with the provisions of Australia's environmental laws including the Commonwealth's Environment Protection and Biodiversity Conservation Act and the Great Barrier Reef Marine Park Act. Formal impact assessments are only required if the environmental impacts are considered significant.

(b) Environmental reports are prepared by expert environmental consultants engaged by Defence. Environmental risk assessments involve both Commonwealth and State representatives from environmental regulatory agencies. For Exercise Talisman Sabre, the Department of Sustainability, Environment, Water, populations and Communities and the GBRMPA participated in the environmental risk assessments. Where impacts that are likely to be significant are identified these are referred to the Environment Minister for consideration. Defence also has its own professional environmental impact assessment staff who review exercise plans and procedures. For a major exercise like Talisman Sabre an Environmental Management Group is also appointed within the Combined Exercise Control group to advise senior military planners running the exercise on environmental mitigation and compliance issues.

(c) and (d) No. Defence does not consider such an analysis would be an effective use of taxpayer funds.