Ian Campbell (WA, Liberal Party, Minister for the Environment and Heritage) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) BILL 2006

This bill implements domestically a significant international initiative to protect the marine environment.

In order for ships to travel through water efficiently, the ship’s hull must be clean of marine growth, such as barnacles and algae. The build up of unwanted marine organisms is prevented by applying anti-fouling paint to the hulls of ships. In the 1970s anti-fouling paints containing chemical compounds known as organotins were developed, and at that time were considered environmentally safe.

Subsequently it was found that these compounds had an adverse effect on the marine environment and human health.

These compounds are effective anti-foulants because they leach into the water, killing barnacles and other marine life that have attached to the ship. However, studies have since shown that these compounds persist in the water, killing sea life, harming the environment and entering the food chain. One of the most effective and commonly used organotin anti-fouling paints is TBT (or tributyltin). TBT is arguably the most toxic compound to be intentionally introduced into the marine environment, and has been proven to cause deformities in oysters and sex changes in whelks (a marine spiral-shelled gastropod mollusc used as food).

These findings have caused concern about the potential impact of TBT and other organotin based anti-fouling compounds on humans who consume large quantities of seafood. While there is evidence that some localised measures may have helped reduce the levels of pollution by organotin compounds in many areas, the harmful effects of these paints are still being detected around the world’s oceans.

Consequently, many governments have recognised that a mechanism is required to regulate the harmful effects of TBT used on international trading ships. It has been agreed that the only way to avoid global and regional pollution by organotin compounds is to implement a total ban on the use of TBT-based anti-fouling paints through international cooperation. This understanding led to the adoption of the International Convention on the Control of Harmful Anti-fouling Systems on Ships in October 2001.

The Convention will enter into force internationally 12 months after the date on which not less than 25 countries, the combined merchant fleets of which constitute not less than 25% of the gross tonnage of the world’s merchant shipping, have become a Party to it. As at 31 May 2006, 16 States representing 17.27% of world shipping tonnage were Parties to the Convention. The Convention is expected to come into force internationally in the near future.

The Protection of the Sea (Harmful Anti-fouling Systems) Bill 2006 will enable Australia to ratify the Convention and implement it domestically. The Convention prohibits the use of harmful organotins in anti-fouling paints on ships. It will also establish a mechanism to prevent the future use of other harmful substances in anti-fouling systems.

This bill has three main objectives. Firstly, it will establish a regulatory scheme to protect the Australian marine environment from the harmful effects of organotin based anti-fouling systems used on ships. Secondly, it will protect human health during the application or removal of anti-fouling systems. Finally, the bill provides for uniform international rules and procedures for protecting the global environment from the harmful effects of anti-fouling systems used on ships.

The bill will prohibit the application or reapplication of organotin compounds on all Australian ships anywhere in the world and also on any ship in an Australian port, shipyard or offshore terminal.

By 1 January 2008, it will be an offence for any ship bearing such compounds on their hulls or external parts or surfaces to enter an Australian port, shipyard or offshore terminal, unless the ship bears a coating to prevent the compound leaching into the water. A similar offence will apply to Australian ships entering a port, shipyard or offshore terminal elsewhere in the world.

The Australian Government agreed to ban the use of organotin based anti-fouling paints through Australia’s Oceans Policy in 1998. This commitment recognises that Australian Defence Force ships seek to comply with international environmental standards as far as practicable, taking into account the fact that operational requirements may take precedence in some circumstances.

The proposed Act will apply to all States and the Northern Territory. However, any State and Northern Territory legislation prohibiting the use of TBT on ships of less than 25 metres in length will be preserved.

The collective actions of governments working through the International Maritime Organization has provided a global incentive for the shipping and marine coatings industries to restrict the use of harmful anti-fouling systems and to develop replacement systems which are safe.

If Australia does not ratify the Convention, the level of environmental protection in our waters will be lower than internationally-adopted standards, representing a cost to Australian coastal communities. Australia would not be in a position to enforce the full range of controls on anti-fouling systems against foreign flag and Australian ships. The lack of a national approach to control the use of harmful anti-fouling systems could result in the States and Northern Territory establishing local regimes for controlling the use of harmful anti-fouling systems on larger ships, potentially creating multiple regulatory schemes with different requirements around the Australian coast.

It is undesirable to establish unilateral regulatory regimes at either the State or Federal level if an appropriate regulatory scheme could be provided by a multi-lateral agreement. Australia’s obligations as a Party to the United Nations Convention on the Law of the Sea provides that nations should adopt international rules and standards when implementing laws and regulations to prevent, reduce and control pollution of the marine environment caused by ships. Uniform international standards are vital to the international shipping community, which often faces significant administrative costs in complying with multiple regulatory regimes which often cover the same subject matter but require different documentation or actions to ensure full compliance.

The bill continues the Government’s efforts to enhance Australia’s marine pollution prevention regimes.

Debate (on motion by Senator Ian Campbell) adjourned.