Senate debates

Monday, 10 September 2012

Bills

Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012; In Committee

9:25 pm

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

by leave—I, and also on behalf of Senators Heffernan, Madigan, Nash and Waters, move amendments (1) to (11) on sheet 7278 together:

(1) Schedule 1, item 2, page 3 (line 29), after “resources”, insert “and/or land and its use”.

(2) Schedule 1, item 4, page 5 (line 17), after “resources”, insert “and/or land and its use”.

(3) Schedule 1, item 4, page 5 (line 23), after “resources”, insert “and/or land and its use”.

(4) Schedule 1, item 4, page 6 (line 2), after “resources”, insert “and/or land and its use”.

(5) Schedule 1, item 4, page 6 (line 5), after “resources”, insert “and/or land and its use”.

(6) Schedule 1, item 4, page 6 (line 9), after “resources”, insert “and/or land and its use”.

(7) Schedule 1, item 4, page 6 (line 11), after “resources”, insert “and/or land and its use”.

(8) Schedule 1, item 4, page 6 (line 17), after “resources”, insert “and/or land and its use”.

(9) Schedule 1, item 6, page 7 (line 15), after “resources”, insert “, and/or land and its use,”.

(10) Schedule 1, item 7, page 7 (line 20), after “resources”, insert “and/or land and its use”.

(11) Schedule 1, item 10, page 8 (line 8), after “resources”, insert “and/or land and its use”.

These amendments are common-sense amendments to give sense to the intention of this legislation. It is to insert the words 'and/or land and its use' after the words 'water resources' in various parts of the bill and it is to do so as a result of a line of questioning put by Senator Heffernan. I am very grateful to Senator Heffernan for his line of questioning and to my other colleagues who participated in this debate. That line of questioning asked a number of very pertinent questions on the issue of salinity and on the impact on land, and it does not make sense for this advisory committee to have a role to look at the impact on water resources of coal seam gas mining and not to look at the impact it also has on land and its use. That line of questioning on salinity by Senator Heffernan was quite revealing and prompted this amendment.

So that is what this amendment is about. I want to square off on any legal or constitutional issues in the event that the government raises them. My advice and view is that, as this is an advisory committee, it can also advise on the issue of land use. There is no constitutional impediment for the committee to do so as the committee is not exercising any powers as such because of its advisory role. So this is a common-sense amendment that will go some way to strengthening the intent of this bill. I urge all of my colleagues to support it.

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