Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for the Environment and Energy, Senator Birmingham. It has been reported that the New South Wales Premier, Mike Baird, will be writing to the environment minister regarding the installation of shark nets. Can them minister confirm that the environment minister has received a letter from the New South Wales Premier? And will the minister be fully examining this proposal from Mr Baird as a controlled action requiring assessments under the EPBC Act?

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

I thank 'Senator Surfer' for his question. State governments are appropriately focused on public safety and managing risks from sharks. The Minister for the Environment and Energy has a legislative role to ensure that shark safety activities—

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Birmingham, I did not hear it up-front—what you said. But you probably need to withdraw that remark about Senator Whish-Wilson.

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

I refer properly to Senator Whish-Wilson.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I'm okay with that.

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

I thought you were. The Minister for the Environment and Energy has a legislative role to ensure that shark safety activities are consistent with national environmental law. He is committed to working with states to find a path that achieves both public safety and good outcomes for the environment. Minister Frydenberg has been clear that public safety is of paramount importance, but he is committed to protecting the marine environment, including sharks.

It is the responsibility of state governments to consider whether shark safety activities will have a significant impact on matters protected under national environment law. The environment department continues to work with state agencies to help them understand their obligations, noting that the white shark is listed as a vulnerable and migratory species under the EPBC Act.

New South Wales has conducted its shark meshing program since 1937. Similarly, Queensland has conducted shark safety activities continuously for over 50 years. These activities predate the EPBC Act and, therefore, do not need to be referred to the Australian government for assessment. The department of the environment has not at this stage received referrals from New South Wales—

Stephen Parry (President) Share this | Link to this | Hansard source

Pause the clock. On a point of order, Senator Whish-Wilson?

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I have a point of order on relevance, Mr President. I asked whether you had received a letter from—

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

He just said that!

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

No—I missed that. I asked whether you had received a letter. And would this be a full-controlled action fully assessed under the EPBC law?

Government senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order! I did hear the minister respond to part of your question. Also, I think the minister indicated that any applications would be treated by way of the law—if I can paraphrase what the minister said. So the minister has been relevant.

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

As I was midway through saying—I had got through the words 'the department has not received referrals from New South Wales', or Queensland agencies for that matter, in relation to shark management actions.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Whish-Wilson, a supplementary question.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

What evidence will the minister be using to determine that shark nets will make the ocean safer for swimmers and surfers on the North Coast of New South Wales. For example, how many sharks will need to be killed in those nets to make it safer for oceangoers?

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

The minister and the department will undertake a proper assessment against the terms of the EPBC Act to first consider whether the matter is a controlled action and, if it is a controlled action, to then assess the proposed actions against the terms of that act. Those terms, I am sure, are well understood to the minister. They provide opportunities for the department to request further evidence and information as to the impacts of the proposed actions but, of course, the act does provide provisions to ensure that public safety is also considered amongst those different factors.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Whish-Wilson, your final supplementary question.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

No doubt the minister is aware that shark nets are designed to entangle and kill all sharks to reduce their inshore population numbers. Is the minister also aware that these nets kill protected and endangered species such as whales, dolphins and turtles, and thousands of non-dangerous and endangered sharks?

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

As I indicated before, there will be proper consideration of any application that is made by the New South Wales government, as there would be by any other agency that put forward an application, or any other entity, for that matter. It will be assessed properly against the terms of the EPBC Act and, of course, any impacts upon other species, particularly species listed under the EPBC Act, would be considered as factors within such an application and its assessment.