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2010-11-12
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Environment Protection and Biodiversity Conservation Amendment (Making Marine
Parks Accountable) Bill 2012
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Mr George Christensen MP
Environment Protection and Biodiversity Conservation Amendment (Making Marine
Parks Accountable) Bill 2012
OUTLINE
The Government's current process of declaring Marine Protected Areas is not the result of
rigorous scientific analysis that has been made publicly available or extensive industry and
community consultation.
The Government has not engaged in proper consultation - their approach is one of `take it
or leave it', with no consideration for Australia's fishers or the coastal communities that rely
on this industry.
The fishing sector is worth billions of dollars to the Australian economy. The sector
employs thousands of people across the whole country. However, the Government has
dismissed the social and economic impacts that their announcement will have on local
communities which rely heavily on a vibrant fishing industry.
Recreational and commercial fishers across Australia, together with the communities that
rely on the fishing industry, will be adversely affected by the Government's latest
announcement regarding proposed Marine Protected Areas.
Furthermore, the Government has failed to understand the importance of recreational
fishing to Australians and has failed to consider the important economic contribution
recreational fishing makes to coastal communities.
Fishing is a recreational pastime enjoyed by 5 million Australians and the industry
contributes more than $2.2 billion to the national economy.
In Government, the Coalition undertook rigorous assessments that resulted in the
establishment of eleven Marine Protected Areas. These declarations were achieved with
broad community and industry support.
The Coalition acknowledges that Australia's fisheries are amongst the best managed in
the world. However, the Government should not take this for granted by attempting to put
forward Marine Protected Areas proposals that haven't been subjected to proper scientific
and commercial rigour or that have not been subjected to open and transparent public
consultation.
The Australian fishing industry is one of the most environmentally responsible fishing
industries in the world. The Government, in attempting to lock out fishers' access, is
damaging the livelihood of thousands of people across the country.
This Bill rectifies the Government's shortcomings.
It will require the relevant Minister to commission an independent social and economic
impact assessment before any proclamations are made.
The Bill will require the Minister to obtain independent scientific peer-reviewed advice that
is made publicly available.
It will also require the Government to establish an independent scientific reference panel,
as well as a stakeholder advisory group, so that decisions are made with rigour following
extensive consultation and analysis of the possible scientific, economic and social impacts
of any proposed Marine Protected Areas.
Finally, the Bill will put the Parliament in charge of final decisions by making declarations
disallowable by the Parliament.
This Bill returns balance and fairness to marine conservation so that all Australians can
have confidence that the best decisions are being made to protect both our marine
biodiversity and the fishers and communities that feed so many Australians.
FINANCIAL IMPACT
The Bill will have no financial impact.
NOTES ON CLAUSES
SCHEDULE 1 - Amendments
Item 1 - Section 343
This item obliges the Minister and Director to report on scientific advice, stakeholders'
views and an independent social and economic impact assessment before Proclamations
are made.
Item 2 - After subsection 344(1)
Under this item, any proclamations of a Commonwealth reserve an area of sea, or an area
of land and sea will be made a disallowable instrument.
Item 3 - At the end of subsection 351(2)
Item 3 ensures that the report includes a summary of the outcomes that form part of
Subdivision BA, including the Director's views on these outcomes.
Item 4 - At the end of section 351
This item requires that any proposed Proclamations are also accompanied by a report
which summarises the outcomes of the independent scientific reference panel; stakeholder
advisory group; and, an independent assessment of the social and economic impact of
any proposed Proclamations.
Item 5 - After Subdivision B of Division 4 of Part 15
Item 5 includes a number of amendments. Firstly, it ensures that prior to the Governor-
General making any Proclamations declaring as a Commonwealth reserve an area of sea,
or area of land and sea, that the Minister establishes an independent scientific reference
panel for each affected region and establishes a stakeholder advisory group for each
affected region. The advice from the relevant groups and panels will be published and
made public. Also requires the Minister to commission an independent assessment of the
social and economic impact of any proposed Proclamations.
It also requires the Minister to establish a scientific reference panel that consists of at least
five members (and not more than eight members) for each affected region. Members
must possess appropriate scientific qualifications relevant to the panel's functions.
The Minister will be required to publish the report within 21 business days of receiving it
from the scientific reference panel.
The Minister must also establish a stakeholder advisory group that consists of at least five
members (and not more than twelve members) for each affected region.
The Minister will be required to publish the report within 21 business days of receiving it
from the stakeholder advisory group.
The Minister will also have to ensure that the independent assessment of social and
economic impacts of any proposed Proclamations also include detailed costings of the
amount required to compensate businesses and individuals affected by any Proclamation.
Item 6 - Section 528
Item 6 clarifies the definition of `affected region' as outlined by subsection 352A(3).
Item 7 - Section 528
Item 7 clarifies the outcomes set out under Subdivision BA as outlined by subsection
351(7).
Item 8 - Application of amendments
This item reinforces that any amendments made by this Act apply in relation to any
Proclamation of a Commonwealth reserve made after this Act commences.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
The Environment Protection and Biodiversity Conservation Amendment (Making Marine
Parks Accountable) Bill 2012 deals with amendments to the Environment Protection and
Biodiversity Conservation Act 1999 relating to the Proclamations over areas of sea (or
over both land and sea).
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights because it does not raise any human rights
issues.
Mr George Christensen MP