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

by leave—I move Greens amendments (1), (2) and (11) on sheet 7676 together:

(1) Clause 5, page 6 (line 16), at the end of note 2, add "However, if there is insufficient evidence to evaluate the level of risk associated with goods, then the precautionary principle will apply."

(2) Page 6 (after line 16), after clause 5, insert:

5A Precautionary principle must be applied when making a decision under this Act

     A person making a decision under this Act must take account of the precautionary principle, to the extent that he or she can do so consistently with the other provisions of this Act.

(11) Clause 9, page 23 (after line 24), after the definition of PPSA security interest, insert:

  precautionary principle means the principle that lack of full scientific certainty should not be used as a reason for postponing or limiting cost-effective measures to prevent a biosecurity emergency, or a human biosecurity emergency, or to postpone or limit a response to a biosecurity risk.

I will make a brief overarching statement to put the context for these amendments and then I will move through the amendments. I do look forward to the government's response to the amendments. I have a bit of an understanding of where the government is at with some of them, but I do want to get some of the responses on record because these issues have come directly from the community—from both industry and the environmental organisations that work particularly on biosecurity and environmental biosecurity. I think it is very important that the community and industry understand where the government is coming from on these particular amendments.

As I said in my contribution to the second reading debate and in additional comments to the bill, the Greens feel that by and large the bill builds on the work that was done in 2012 and addresses the issues that were raised at the time. However, we believe that it does not address particular issues around regional differences; the eminent scientists; the Inspector-General of Biosecurity, which we have just dealt with; third-party appeal rights; advisory committee and the issues which I traverse in these amendments.

I am particularly moving the amendments that relate to the precautionary principle. Amendments (1), (2) and (11) seek to insert reference to precautionary principle to include a note that in appropriate level of protection, specifying that if there is insufficient evidence to determine a biosecurity risk or if the available evidence is inconclusive in that regard, then the precautionary principle will apply and require application of the precautionary principle in decision making under the Biosecurity Act in a similar way to the Queensland Biosecurity Act 2014.

The precautionary principle is integral, we believe, to effective biosecurity. It is a fundamental principle in environmental decision making and is required for import decisions made under the EPBC Act. The precautionary principle is particularly important for the environment because of the limited knowledge about many of the potential impacts and the great harm that can result from invasive species—which, of course, is what this legislation is about. The precautionary principle is part of the Queensland Biosecurity Act 2014 and is part of the guiding principles for the implementation of article 8(h) of the biodiversity convention, which was adopted during the 2002 conference of the parties. The principle states:

Guiding principle 1: Precautionary approach

Given the unpredictability of the pathways and impacts on biological diversity of invasive alien species, efforts to identify and prevent unintentional introductions as well as decisions concerning intentional introductions should be based on the precautionary approach, in particular with reference to risk analysis, in accordance with the guiding principles below …

The precautionary approach should also be applied when considering eradication, containment and control measures in relation to alien species that have become established. Lack of scientific certainty about the various implications of an invasion should not be used as a reason for postponing or failing to take appropriate eradication, containment and control measures.

Although legal opinion may be divided on the precise boundaries between trade laws and the precautionary principle, Australia should still give priority to harmonising biosecurity integrity and environmental protection in a way that incorporates the precautionary principle without bringing such regulation into direct conflict with the rules of the WTO.