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

I do not think it is at all fair for the minister to characterise Senator Waters' statements as having low regard for the regulator. She did not say that at all. What she said was that there is a distinct lack of resources on the part of the regulator, and that the regulator cannot be everywhere at all times. It is just a resources issue. I will stand corrected, and I am embarrassed that I have to do this, but I think it is fair to say that the regulator does have the power to seek an injunction. It is the question in this amendment to broaden it to allow someone other than an aggrieved person, as narrowly defined in the case law, to seek an injunction. I apologise for that—I think that puts it in context—and I want to correct that and put it on the record. It is just that this amendment was rolled up with the existing provisions but expanded it, hence the confusion on my part. I want to clear that up and to be accurate in respect of that.

Really, the nub of this amendment is: do you restrict this to the regulator or a narrowly-defined group of persons with a direct commercial interest? Or if a citizen believes that the law is about to be broken then they take the very serious step of seeking an injunction with undertaking as to damages, which can be very, very significant, as well as being hit with a massive costs order, because justice is not cheap in this country. We have a legal system, not a justice system. So there are very significant disincentives. There will not be floodgates of litigation opened, but this enshrines the principle that if, as a citizen, you believe there is going to be a breach of the law, you should be able to enforce it. This would also cut to the issue of any breaches with respect to wind turbines. So it cuts both ways—it is not just about waste, about biomass, but it would also go to the issue of wind farms. So if a citizen believes that there has been a breach, they make an undertaking against the damages—and I would imagine in wind turbines it would be a very significant undertaking against the damages—and if they are sure of their case, then they should not be constrained from taking a case on. I cannot take it any higher than that. But, to me, there is an important principle here of the power of the individual to bring a matter to court to ensure that the law is enforced.