Rachel Siewert (WA, Australian Greens) Share this | Hansard source

I perhaps need to remind the coalition that it is not just environment groups that may seek to exercise these provisions but other organisations. Indeed, farming organisations may choose to use these provisions. I used the environment organisations as an example because they are the organisations that have tended to access similar provisions in other legislation but, of course, because it relates to public standing provisions it is open to anybody to use those provisions.

Question negatived.

I move Greens amendment (17) on sheet 5629:

(17)  Schedule 2, page 306 (after line 1), after item 97, insert:

97C  At the end of Part 8

Add:

Division 10—Review of administrative decisions

170A Extended standing for judicial review

        (1)    This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in relation to:

             (a)    a decision made under this Act or the regulations; or

             (b)    a failure to make a decision under this Act or the regulations; or

             (c)    conduct engaged in for the purpose of making a decision under this Act or the regulations.

        (2)    An individual is taken to be a person aggrieved by the decision, failure or conduct if:

             (a)    the individual is an Australian citizen ordinarily resident in Australia or an external Territory; and

             (b)    at any time in the 2 years immediately before the decision, failure or conduct, the individual has engaged in a series of activities in Australia or an external Territory for protection or conservation of, or research into, water resources or dependent ecosystems.

        (3)    An organisation or association (whether incorporated or not) is taken to be a person aggrieved by the decision, failure or conduct if:

             (a)    the organisation or association is incorporated, or was otherwise established, in Australia or an external Territory; and

             (b)    at any time in the 2 years immediately before the decision, failure or conduct, the organisation or association has engaged in a series of activities in Australia or an external Territory for protection or conservation of, or research into, water resources or dependent ecosystems; and

             (c)    at the time of the decision, failure or conduct, the objects or purposes of the organisation or association included protection or conservation of, or research into, water resources or dependent ecosystems.

        (4)    A term (except person aggrieved) used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.

170B Applications on behalf of unincorporated organisations

                 Applications for a review of decisions under the Administrative Decisions (Judicial Review) Act 1977 may be made by a person acting on behalf of an unincorporated organisation that is a person aggrieved for the purposes of that Act by:

             (a)    a decision made under this Act or the regulations; or

             (b)    a failure to make a decision under this Act or the regulations; or

             (c)    conduct engaged in for the purpose of making a decision under this Act or the regulations.

These are related to issues that I went through for amendment (16), so I am not going to go through the same arguments again. I simply move the amendment.