Senate debates

Wednesday, 3 December 2008

Questions without Notice

Water

2:53 pm

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Shadow Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | | Hansard source

My question is to the Minister representing the Minister for the Environment, Heritage and the Arts, Senator Wong. Will the minister heed the calls of the local community to reconsider the decision to reject an application to release water from Lake Crescent into the River Clyde in Tasmania to sustain the drought stricken Clyde community?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

I thank Senator Colbeck for the question. I am advised that Minister Garrett did, on 18 November, determine that the proposed water release from Lake Crescent would have clearly unacceptable impacts on two matters of national environmental significance: the Ramsar site and an endangered fish species that only occurs naturally in Lake Crescent and the connected Lake Sorell. Minister Garrett made this decision in the context of his duties under the Environment Protection and Biodiversity Conservation Act, which obviously require him to have regard to a range of matters and to make a decision as to whether, in this context, the impacts on matters of national environmental significance were acceptable or not. As I said, the decision was made and it was determined that there would be clearly unacceptable impacts on two matters of national environmental significance.

Can I say that the minister is aware of the hardship being suffered by farmers in the Clyde valley region, who, like many regional and rural communities, have been affected by the ongoing drought, and is aware that these lakes have been a traditional source of water for downstream users in the Clyde valley. However, it is the case that, following an extended period of dry conditions, water levels in both lakes are already below the critical levels defined in Tasmania’s water management plan. In the absence of substantial and sustained rainfall, they are expected to drop further due to evaporation, with potentially severe impacts on the ecosystems of those lakes. A further release of water from Lake Crescent in these circumstances would therefore exacerbate the risk of serious long-term impact on matters of national environmental significance. (Time expired)

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Shadow Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Mr President, I ask a supplementary question. I thank Senator Wong for that answer, but I disagree with her with respect to the minister’s understanding of the circumstances of the farmers, since he has refused on two occasions to meet with them and also to visit them, despite their invitation. Was the Tasmanian Labor Minister for Primary Industries and Water, David Llewellyn, wrong when he said, ‘This decision does not align with the Tasmanian community’s expectations regarding the balance between the environment and community needs’?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

I am not sure I can assist the good senator much further. Minister Garrett, as I have indicated in this chamber on a number of occasions, under the EPBC Act has a decision-making power that is circumscribed by that statute. He is required to discharge his responsibilities under that law according to law and to his best judgement. For the reasons I have outlined, he has determined under that act that the application that the senator refers to ought not to be accepted, and that is on the basis of the issues that I have referred to in my response. So, whilst I accept that the senator reflects the concern of some members of his constituency on this, the minister obviously, in the context of the EPBC Act, has to have regard to the matters of national environmental significance. (Time expired)

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Shadow Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Mr President, I ask a further supplementary question. I thank Senator Wong again. I refer to further comments by Mr Llewellyn:

I am waiting for Minister Garrett to outline what he is prepared to do to assist the Clyde Valley community and the Golden Galaxias—

which is one of the issues that surround the EPBC Act involvement in this issue—

because this decision will not help either.

Has Mr Llewellyn made any specific requests to Minister Garrett and, if so, what is the government’s response?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

Mr President, can I suggest, through you, to Senator Colbeck that, if he has questions of Mr Llewellyn, they are probably being asked in the wrong parliament. What I can say to you is what I have said. I can say that Minister Garrett is willing to consider whether an emergency—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Wong, resume your seat. Senator Colbeck?

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Shadow Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you, Mr President. My question was: has Mr Llewellyn made a specific—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Is this a point of order?

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Shadow Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | | Hansard source

It is a point of order; I am sorry, Mr President. Has Mr Llewellyn made a specific request of Minister Garrett—that is my question—and what is the government’s response?

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

Just on the point of order, Mr President—if it was a point of order, because the senator on the other side did not actually preface his remarks with what the issue was that he was taking a point of order on—you should reject it, as there is no point of order. None was raised, other than a repeat of the question. In that instance, points of order should not be used simply as a mechanism to repeat the question for emphasis or because they like the sound of their voice, quite frankly, Mr President, and you should rule that way.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

Mr President

Honourable Senators:

Honourable senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Evans, when there is silence I will give you the call. Senator Evans.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

Sorry, is—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I thought you were on the point of order.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

No—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

All right. We are 18 seconds into the answer to the question, and I draw attention to the fact that there are 42 seconds left.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

I am not sure whether Senator Colbeck is referring to the original application under the EPBC Act or not. I am afraid that I am not clear about that. What I can say is that the minister is aware that an alternative water supply has been made available for communities in the Clyde Valley by pumping water from the Shannon River at a rate of approximately 400 million litres per month. Some of this water is being used for stock and human use while approximately half is for farm irrigation. While the Clyde Valley farmers are, like many regional and rural Australians, suffering under the effects of the prolonged drought— (Time expired)

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

Mr President, I ask that further questions be placed on the Notice Paper.