George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Senator Sterle, as you know, the reform of the EPBC Act is a matter that is on the government's agenda and the government has made very clear its intentions in that respect. Senator Sterle, the government respects the parliament, it respects its processes and it respects, in particular, processes of Senate committees. The issues in relation to the reform of the EPBC Act, in particular section 487, are very clear. This is a provision, almost unique in Australian law, which allows for people with no legal standing under ordinary common law principles to take proceedings in which they have no interest other than a philosophical or ideological interest and which may be used as a vehicle for abuse.

You have heard me quote before in the Senate, and I will not be tedious and quote it again, the clear declaration of intent by certain environmental groups to engage in what I have called 'vigilante' litigation, what others have called 'lawfare', in order to misuse the courts, not to achieve justice between parties, which is the reason the courts exist, but rather to use the courts as a weapon to impede, to stop and to interfere with legitimate commercial enterprises and legitimate economic development. We do not think that that is a legitimate use of the courts. We think that standing provisions which create an exception to the existing and very good common law rules are undesirable and we intend to do away with them.