Bob Brown (Tasmania, Australian Greens) Share this | Hansard source

I am horrified that Senator Carr says that recognising the intrinsic World Heritage values of the Antarctic contradicts the longstanding position of the government, because, as I said earlier—and I am indebted to Senator Macdonald for backing me up on this—the Labor Party went to the last election on that very policy and has changed it since.

On the matter of the opposition supporting the motion I moved which did not have the effect of law on World Heritage values, yes, I have noted that. And now I am moving amendments which will have the effect of recognising the World Heritage values of Antarctica in law, and the opposition do just what the government are doing and back off, saying, ‘Well, now we won’t support it.’ They are prepared to support an ineffective instrument moved by the Greens—that is, a motion—but when it comes to putting it into law suddenly the opposition back off. It is all inexplicable and, I think, quite irresponsible. I have moved the amendments, and we will see the government and the opposition vote them down.

Question negatived.

by leave—I move Greens amendments (3) and (4) on sheet 6052:

(3)    Page 19 (after line 2), at the end of the bill, add:

Schedule 3—Interaction with laws for the protection of whales

Antarctic Treaty (Environment Protection) Act 1980

1  At the end of Part 1

Add:

7B  Interaction with laws for the protection of whales

        (1)    Nothing in this Act has the effect of reducing or removing an obligation upon any person to protect whales or other cetaceans under:

             (a)    international law; or

             (b)    Division 3 of Part 13 of the Environment Protection and Biodiversity Conservation Act 1999; or

             (c)    any other law.

        (2)    In exercising powers and performing duties under this Act, the Minister must act in a manner that gives the greatest effect towards the protection of whales and other cetaceans under:

             (a)    international law; and

             (b)    Division 3 of Part 13 of the Environment Protection and Biodiversity Conservation Act 1999; and

             (c)    any other law.

Note:                Division 3 of Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 sets out offences relating to killing, injuring, taking etc., treating and possessing cetaceans.

(4)    Clause 2, page 2, at the end of the table, add:

These amendments require that the minister for the environment ‘must act in a manner that gives the greatest effect towards the protection of whales and other cetaceans’ under international law, Australia’s domestic law and any other law. It simply requires the minister to act to protect whales using what powers are available. I commend the amendments to the committee.

Question negatived.

Bill agreed to.

Bill reported without amendment; report adopted.