Senate debates

Monday, 16 October 2023

Questions without Notice

Environmental Conservation

2:40 pm

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

My question is for the Minister representing the Minister for the Environment and Water, Senator Wong. Currently, the environment minister is not required to consider the impacts of all significant gas developments on critical water resources. This is a failure of our environment laws. Fracking developments, like the Beetaloo basin in the Northern Territory, damage groundwater systems without any regard for our rivers, drinking water or the voices of traditional owners. The Albanese government previously committed to fixing this by expanding the water trigger under the EPBC Act by the end of this year. How will the government keep this promise and make sure this amendment is done before we leave here in December?

2:41 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I do recall that there was a lot of discussion about the water trigger during one part of the campaign. I am advised that the Labor government's new environmental laws will include an expanded water trigger to cover all forms of non-conventional gas, including shale gas. Consultation on draft laws begins this month. We would welcome support across party lines. That might be more hopeful than realistic, but obviously these things are always better if they can be resolved with at least some cross-party support. In the meantime, the government has made available our Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development to assist in assessing the impact of gas projects seeking their approval. This is the same committee that will assess water impacts of projects when the water trigger is legislated.

Senator Hanson-Young, I think there were two parts to you question. I've partly answered them. You asked when. My advice obviously indicates it's still in the process of being consulted. You asked how we would ensure that this occurs by the end of the year. In part, that is in the hands of those in this chamber.

Photo of Jonathon DuniamJonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | | Hansard source

You've got to introduce the laws first.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Well, that's true. I accept that, but I would make the point that, while we sometimes have cooperation on passage, I think those opposite have demonstrated that that's not how they wish to operate in this chamber, so—

Photo of Jonathon DuniamJonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | | Hansard source

If the minister picked up the phone to me it would be a bit easier.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I would make the point: I think there was a fair bit of cooperation previously, but clearly they're not in a cooperative mood. (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson-Young, first supplementary question?

2:43 pm

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

Clearly the rest of the EPBC reforms will not be done by the end of this year. I've recently written to the environment minister, offering the Greens' support to pass the water trigger by December. I urge you to ask the environment minister whether she will take up this offer.

2:44 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Thank you for writing to the environment minister, Senator Hanson-Young—

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

Correspondence is noted.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

No. I wasn't going to say that, but thank you for the suggestion, Senator Birmingham.

I'm sure that the environment minister will respond to you in due course. As I understand the history of this, obviously we did have the Samuel review, which was very clear that the EPBC Act is ineffective and that good outcomes for the environment cannot be achieved under these laws.As I said in my earlier answer to your primary question, the government will soon begin consultation on the detail of new environmental laws. I am advised—my brief says—that's two months ahead of schedule. That doesn't quite accord with your primary question, so I will just put that that is what I am advised. I also understand that more than 30 groups will be able to— (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson-Young, second supplementary?

2:45 pm

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

The consultation that the minister refers to is for a select few. The government has actually dumped public consultation and release of the reform package. Why? When will the public see the entire reform package for themselves?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

It's not uncommon to have a representative group, or groups, of experts with different perspectives to look at draft legislation before government comes to the point of actually consulting on detailed legislation. That's not an uncommon process, Senator Hanson-Young, so I would push back on your suggestion that we dumped a process. Having taken some legislation through this parliament previously, I'd say that it is not an unusual process to try and have a smaller group—in this case, experts from more than 30 groups, including environment, business and industry—who are able to carefully examine the detail to make sure the laws are as effective as possible. This is a very complex piece of legislation. It's been added to over time. It's obviously been in place for some time. There will be different views, and I'm sure there will be the capacity for the community to see it before it's in the parliament. (Time expired)