Peter Garrett (Kingsford Smith, Australian Labor Party, Minister for the Environment, Heritage and the Arts) Share this | Hansard source

I note the amendment moved by the member for New England and I will offer some comments by way of reply. I note also that he has had the opportunity to have some discussion, as we have now learnt, with staff from Senator Wong’s office. I think the first thing to say to the member is that the basin plan in relation to water resources is a comprehensive one and it does cover surface and groundwater use. It does not have the gap in coverage that the honourable member has referred to. I refer the honourable member to sections 22(3)(d) and 22(3)(k), which in fact set out the aspects of the mandatory content for the basin plan in relation to managing interception activities which would have a significant impact on the basin’s water resources, including provisions in relation to harnessing scientific knowledge, which I know goes to the heart of the member’s concerns, so to inform those considerations. In particular, section 22(7) requires water access rights to be held for specific kinds of interception activities and also requiring assessment of the potential impact of such interception activities on water resources in the area prior to approval under state law. The terms ‘may’ and ‘can’ are entirely appropriate designations of ministerial authority in that sense.

The second thing to say to the honourable member is that the independent expertise that the authority will exercise is responsible for the considerations that are contained in this amendment to this bill. So this is what the authority will primarily be concerning itself with. In relation to the matter that the member specifically raises—that is, the issuing of mining licences—it is the case that it is a state issue, and it is unclear as to what obligations a Commonwealth mandated independent study would place on this state process.

See this speech in context