Robert Oakeshott (Lyne, Independent) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Agriculture, Fisheries and Forestry. Minister, with the fisheries hat on, do you acknowledge the precautionary principle is already written into the Fisheries Management Act 1991 and, if so, in the light of decisions taken this week can you confirm whether you do or do not have confidence in the Australian Fisheries Management Authority?

Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Link to this | Hansard source

Whether it be because of AFMA's legislation or because of their own actions, I do not believe they have been precautionary enough.

Opposition Members:

Opposition members interjecting—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The member for Cook is warned!

Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Link to this | Hansard source

Those opposite ask why we are forming this view of AFMA. AFMA themselves in the last 24 hours have reported to the government legal advice that they have been implementing some aspects of the act incorrectly. Members have heard me talk repeatedly about whether or not quota has yet been assigned to the vessel. AFMA at their meeting yesterday received new legal advice that a practice they had been following since the previous government was in office, and it continued under our government, was not actually consistent with the act. There are some serious questions, and I am pleased that the fisheries minister has called for a root-and-branch review. We need to make sure not only that a precautionary principle exists in writing but also that it is being implemented and implemented appropriately.

There are some areas, for example with respect to target species, where I have no reason to doubt that the science is done thoroughly.

But, in terms of bycatch issues, I am not relaxed about a situation where you always wait for the damage to occur before you decide that there should be tougher rules. Certainly, in terms of questions which I sought an answer to, to work out whether part 10 of the environment legislation would be activated—

Greg Hunt (Flinders, Liberal Party, Shadow Minister for Climate Action, Environment and Heritage) Share this | Link to this | Hansard source

That's not what you told Q&A a week and a half ago!

Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Link to this | Hansard source

Correct. A week and a half ago I had not received the information that came in the last 24 hours. But, if we want to talk about events 80 years ago, you are the one who thinks Tasmanian tigers are still around! So don't you be talking about recent discoveries. We have an answer to the question—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

I am sure the minister does not think I have mentioned the Tasmanian tiger!

Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Link to this | Hansard source

No, no—there would only be one member of this House that could possibly apply to, Deputy Speaker Burke, and I withdraw any reference to you in that respect.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Thank you!

Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Link to this | Hansard source

The question asked by the member for Lyne goes to that final question to which I sought an answer when I was working out whether part 10 of my legislation would be activated. It was a question of what the impact on species that rely on the target species would be. The answer was that we do not have that scientific information, and that that was giving a green light to the vessel. I do not believe that is a sufficiently precautionary principle. That is the principle currently being applied by AFMA. When the law falls short, I believe we need to change the law.