Joe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

Because the particular tribunals may take what would be a reasonable test approach. They may look at it in that light. I am certainly not going to argue either case here. All I can say—and I think it is reasonable to say it—is that both declarations require the environment minister and the fisheries minister to agree that there is uncertainty about the environmental impacts of the fishing activity. How that would be viewed would depend on the decision, how it was implemented, the procedural fairness that was provided and of course the circumstances which a tribunal may take into account in deciding to review it in any way.