John Madigan (Victoria, Democratic Labor Party) Share this | Link to this | Hansard source

Mr President, my question is to the Minister representing the Minister for the Environment, Senator Conroy. In light of the fact that there is Commonwealth approval for the construction of the Bald Hills wind farm in the midst of a high conservation value bird sanctuary and wetlands area, home to 296 species of birds, 45 of which are listed in the Japan-Australia Migratory Bird Agreement, 40 of which are listed in the China-Australia Migratory Bird Agreement and three listed in the Bonn convention, this means that Australia is now in breach of our—

Honourable Senators:

Honourable senators interjecting—

John Hogg (President) Share this | Link to this | Hansard source

Order! There are a number of people on both my left and on my right—order! Senator Madigan is entitled to be heard in silence.

John Madigan (Victoria, Democratic Labor Party) Share this | Link to this | Hansard source

Australia is now in breach of our international obligations to protect those birds, their environment and habitats as per the relevant articles in those agreements. Will the minister advise what actions are being taken to call in this project, remove Commonwealth approval and bring Australia into compliance with our international obligations?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I thank Senator Madigan for his question. I do well remember, as we have already heard from some of the interjections during the question, the passionate debate that this chamber had about the orange-bellied parrot. We had that newborn greenie, Senator Ian Campbell, on behalf of those opposite, deciding that this had to be saved at any cost. And all of those opposite joined with him in his passion to save the orange-bellied parrot.

Opposition Senators:

Opposition senators interjecting—

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

So let's have no interjections over there, mocking Senator Campbell today! No interjections!

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

Even though it was terrible a political fix before the election!

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

No, I could not possibly suggest that Senator Campbell—

John Hogg (President) Share this | Link to this | Hansard source

Order! Senator Conroy, I want you to address your comments to the chair and ignore the interjections. Senator Madigan has asked a question, which you should be answering.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I did want to remind the chamber of everybody's contribution on all sides on the orange-bellied parrot. Minister Burke's environment department is closely monitoring this project to ensure that it is undertaken in a manner consistent with its conditions of approval under the Environment Protection and Biodiversity Conservation Act 1999. Responsibility, as everyone in this chamber knows who was involved in that debate—including Senator Brandis, who voted to protect orange-bellied parrots—for wind farm approval rests primarily with state and local governments. The Commonwealth is involved only where wind farm proposals impact on matters of national environmental significance. The matters of national environmental significance projected for this project are listed threatened species and communities and listed migratory species. Minister Burke is advised that the importance— (Time expired)

John Madigan (Victoria, Democratic Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. As the conditions of approval agreed to by the Commonwealth in 2006 focus on locating and counting birds killed by the turbines and require the stopping of the turbines and taking mitigation measures to prevent future kills if just three of the listed bird species are killed, what mitigation measures does the minister believe could realistically be taken to stop bird mortality by turbines located in the midst of a bird sanctuary, flyway and migration route other than not building the wind farm?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

Could I also indicate that I did not get a chance at the end of the answer to your previous question to say that any other matters in that earlier part of the question I would happily take notice and see if Minister Burke has anything further he would like to add.

Minister Burke is advised that in accordance with the conditions of approval for this project, a bat and AD fauna management plan was approved for this project on 17 July 2012. Under this plan monitoring of AD fauna is to be carried out and a report provided to the environment departments in July 2013. I am happy to get a copy of that management plan and make sure that it is available to you, Senator Madigan. But Minister Burke is advised that the approval also contains strict conditions relating to bird mortality. The person taking the action must notify Minister Burke in writing of any mortality of a member of a listed— (Time expired)

John Madigan (Victoria, Democratic Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Considering that the research underpinning the Commonwealth's approval was so bad that the 2004 Victorian assessment panel found:

… at this stage insufficient information to allow proper assessment against the criteria of no impact on species listed under the Environment Protection and Biodiversity Conservation Act or the Flora and Fauna Guarantee Act.

on what basis does the Commonwealth continue to uphold its 2006 approval?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

Again, I will take on notice any remaining parts of your question that I did not have a chance to address there, Senator Madigan, and see if Minister Burke would like to add to that. As I was saying, Minister Burke has advised that the approval also contains strict conditions. The person taking the action must notify Minister Burke in writing of any mortality of a member of a listed, threatened or migratory species on the site of the action within 48 hours of becoming aware of the mortality. In the event of a second or subsequent mortality for certain species such as the orange-bellied parrot, the swift parrot or the white-bellied sea eagle, all operations within one kilometre of the mortality site must cease immediately. Senator Madigan, you raise very valid questions and I am happy to take on notice any further parts of the questions I have not addressed. But we should not forget that Senator Ian Campbell gave us this legislation. (Time expired)

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

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