Lyn Allison (Victoria, Australian Democrats) Share this | Link to this | Hansard source

by leave—I move Democrats amendments (1) and (2) together:

(1)    Schedule 1, page 4 (after line 5), before item 8, insert:

8A  At the end of section 3

Add:

        (3)    A further object of this Act is to ensure that communities in which a nuclear facility is to be established have authorised that establishment and have consented to the health, welfare, safety and environmental impacts and risks of the establishment of the nuclear facility.

(2)    Schedule 1, page 4 (after line 15), after item 12, insert;

12A  After subsection 16A(1)

Insert:

                 Consultation before grant of permit

     (1A)    Before granting a permit in accordance with this section, the Minister must initiate a comprehensive consultation process as follows:

             (a)    the relevant State Minister for the environment must be notified in writing with comprehensive information about the facility for which a permit is sought 60 days before the granting of a permit;

             (b)    the Mayor of every local council within 0.5km of the boundary of the facility for which a permit is sought must be notified in writing with comprehensive information about the proposed facility 60 days before the granting of a permit; and

             (c)    a plebiscite must be conducted by the Electoral Commission in every federal electorate within 0.5km of the boundary of the facility for which a permit is sought, seeking approval for the establishment of the facility.

      (1B)    If, as a result of the plebiscite conducted in accordance with paragraph (1A)(c), a simple majority disapproves of the establishment of the facility, a permit must not be granted in accordance with subsection (1).

I will not go into great detail about the amendments. I have already canvassed their objectives and they are clearly laid out in the amendments. Just to recap briefly, they would require the agreement of state and local governments prior to a nuclear installation and they would also require a plebiscite of citizens in the electorate and in electorates within half a kilometre of the facility.

Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I thank Senator Allison for preparing the amendments to the bill. I think it is entirely appropriate that we do have amendments which take into account the views of people who are living in the vicinity of any nuclear facility as is proposed. I would go further than 0.5 of a kilometre, but I am happy to support this as a minimum in terms of consultation with local communities.

As I indicated earlier today and have spoken about, the fact of the matter is that currently nobody who lives within 0.5 kilometres of the boundary of a facility has house insurance against a nuclear accident or incident. Anyone who looks at their house insurance policy will find that there is a standard exclusion clause. At the moment, the nuclear facility can be imposed on a group of local people without the consent of that local community and without them being able to be insured.

I would ask Senator Campbell whether the government is going to support the bill that I am going to bring in here which basically says that nuclear facilities must take absolute liability for any damages caused by that facility, as is required by the Vienna convention in relation to this matter, which is about responsibilities for civilian impacts. I think that is really important. There is a Vienna convention, a Paris convention and a joint protocol. Now that this bill is talking about our international responsibilities, let us sign up to the international convention, which takes away the need for communities to prove negligence before they get any compensation if there is a nuclear accident, incident, leak or break—whatever—of any kind. Other countries have done it. All of the nuclear countries have done it. Australia has not done it.

I think it is essential that people are provided with that guarantee that the owners of the facility will bear absolute liability and the community should not have to prove negligence. Equally, I think that communities need to be consulted. Community and local government need to be consulted. Senator Allison’s amendments say that if, as a result of the plebiscite, a majority disapproves of the establishment of the facility, a permit must not be granted. It is as simple as that. I think people do have a right to have some power over what happens in their communities. In the case of a nuclear facility, it is a dramatic impact on that particular area. I support Senator Allison’s amendments.

Ruth Webber (WA, Australian Labor Party) Share this | Link to this | Hansard source

As Deputy Opposition Whip, I initially want to indicate that this bill is here because we all agreed that it was a non-controversial piece of legislation. We seem to be debating amendments to it that I was not aware that we were going to have. I thought it was to be a pretty straightforward and non-controversial discussion.

However, having made that point in the politest possible way that I can, I also indicate that Labor will not be supporting the Democrats amendments to this piece of legislation as we believe that such amendments would have the effect of watering down section 140A of the Environment Protection and Biodiversity Conservation Act, which explicitly precludes the approval of a nuclear installation. We believe that, whilst you can dress this up as being consultative or what have you, this measure does have the potential to weaken the existing arrangements. Therefore, Labor will not be supporting the amendments.

Ian Campbell (WA, Liberal Party, Minister for Human Services) Share this | Link to this | Hansard source

I would not normally speak, but I do make the point that Senator Webber has made a very good point. There is a prohibition on these facilities. To then set up a consultation process around a facility would in fact water it down. The Democrats and Greens are really playing a total stunt here. I commend the bill to the Senate.

Question negatived.

Bill agreed to.

Bill reported without amendment; report adopted.