Kelvin Thomson (Wills, Australian Labor Party) Share this | Hansard source

Report No. 111 of the Joint Standing Committee on Treaties reviews the following significant treaty actions: amendments to appendices I and II of the Convention on the Conservation of Migratory Species of Wild Animals, ratification of the statute of the International Renewable Energy Agency, entry into an agreement with France on cooperative enforcement of fisheries laws in sub-Antarctic maritime areas and entry into a healthcare agreement with Slovenia. The report also deals with one minor treaty action.

The committee supports all of the treaties examined in this report. However, the committee has made an additional recommendation in relation to amendments to appendices I and II of the Convention on the Conservation of Migratory Species of Wild Animals. These amendments affect three species of shark that range in Australian waters: the porbeagle, shortfin mako and longfin mako. Due to risks to these species, each is now listed on appendix II of the convention, obliging Australia to work with other countries to conclude international agreements for their conservation. In this regard, Australia is participating in multilateral negotiations for a memorandum of understanding on the conservation of migratory sharks that will include these sharks. The inclusion of these sharks on appendix II has an additional ramification in terms of Australia’s Environment Protection and Biodiversity Conservation Act. All species on an appendix for which Australia is a range state must be listed as migratory species under the act, and such listing came into effect on 29 January this year.

This listing has caused considerable concern amongst recreational fishers, who are now prohibited to fish for these sharks. The committee received more than 40 submissions to its inquiry, largely from recreational fishing groups and individuals opposed to the EPBC Act listing who challenged the scientific basis for the listing and raised concerns about a lack of consultation about the legislative change. The Department of the Environment, Water, Heritage and the Arts has acknowledged it did not consult with recreational fishers or conservation and environment groups about these amendments. Given the nature and number of submissions received, the committee has recommended that the department review its consultation processes for environmental treaties to ensure that more effective consultation is undertaken with all potentially interested parties.

The committee was unimpressed with the long delay in tabling these amendments in the parliament. The amendments were adopted in December 2008 and automatically entered into force for Australia on 5 March 2009 but were not tabled until 25 November 2009, nearly nine months after they had entered into force. The committee considers that the Department of the Environment, Water, Heritage and the Arts needs to more effectively manage its treaty-making process to ensure treaty actions are tabled in a timely manner and that this committee’s time frames are respected. The committee reiterates the point raised in its previous report—the value of the committee’s inquiries to the treaty-making process is undermined when there is insufficient time to properly consider a treaty or to allow public examination of a treaty.

I now turn to the statute of the International Renewable Energy Agency, IRENA. IRENA is a treaty-level intergovernmental organisation that has been established to promote the widespread and increased adoption and sustainable use of all forms of renewable energy technologies. The organisation is currently in an interim preparatory phase and will enter into force on 8 July this year. IRENA will be a centre of excellence for renewable energy technology and a significant mechanism to facilitate international engagement on this issue. Through prompt ratification of the statute, Australia will be able to engage with the international community on renewable energy technology development and deployment, and take an active role in development of IRENA and its work plan. IRENA will allow Australia to strengthen cooperative ties with countries both in and outside of our region and move beyond Australia’s traditional engagement with bodies such as the International Energy Agency. In particular, membership of developing countries in the Asia-Pacific region is likely to bring further international attention to the energy challenges faced by this region.

The Agreement on Cooperative Enforcement of Fisheries Laws between the Government of Australia and the Government of the French Republic in the Maritime Areas Adjacent to the French Southern and Antarctic Territories, Heard Island and the McDonald Island is intended to tackle illegal, unreported and unregulated fishing in the territorial seas and exclusive economic zones surrounding these territories. Such fishing is a serious threat to the marine environment and the sustainability of valuable fish stocks. This agreement will formalise previous ad hoc enforcement activities undertaken with France to enforce fisheries laws and will greatly improve efforts by both countries to address illegal, unreported and unregulated fishing in the Southern Ocean. Activities that are authorised by this treaty include boarding, inspection, hot pursuit, apprehension, seizure and investigation of fishing vehicles believed to be acting illegally. I commend the report to the House.

See this speech in context