Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

This bill has been in the parliament for more than a year, and the government has made it clear that we think that this legislation is necessary to replace the current legislation. The court case that is occurring currently does not require us to delay or alter the National Radioactive Waste Management Bill 2010. Whatever the court case decision is, the government will of course respect and abide by it. The reality is that this government is committed to making these legislative changes. We believe they are necessary, and we believe they are a vast improvement. I know you have a different view about these matters, but to suggest that the parliament cannot do anything because there are court cases current is a nonsense. There may be further court cases, and there may be other actions taken—the parliament cannot wait until everyone exhausts whatever court cases they might be taking in this area.

We think it is appropriate for this bill to proceed. We have been trying to get it dealt with for some time. It is not affected by any particular outcome from the current litigation. In fact, the bill accommodates any decision the court might make. That was acknowledged by the applicant's lawyer in the Federal Court case, George Newhouse, when he said 'we don't believe that passage will have any effect on the Muckaty nomination, because the government has said that they will abide by the decision of the court'. I think it is broadly accepted that the two can both proceed. Minister Ferguson has made it clear that he will abide by any decision. He has also made it clear that he will engage positively, both before and subsequent to the passage of legislation if it is carried, with all those with an interest in the land.

With respect, Senator Ludlam, we have been trying to get on to this legislation for some time. The parliament has a responsibility to deal with it, and clearly this or other litigation will proceed according to the timetable of the parties and the courts. But this is important legislation and there is no barrier to the parliament's dealing with it.