Scott Ludlam (WA, Australian Greens) Share this | Link to this | Hansard source

I move:

That—

(a) the Senate notes the failure to comply with the Senate orders for the production of documents agreed to on 13 and 14 February 2017, relating to the Perth Freight Link;

(b) in order to investigate the subject of the Senate orders, the following matter be referred to the Environment and Communications References Committee for hearing on or before 24 February 2017, and reporting on or before 6 March 2017 - The continuation of construction of the Perth Freight Link in the face of significant environmental breaches;

(c) it be an instruction to the committee that it hold at least one hearing in Perth; and

(d) the following witnesses be invited and answer questions:

  (i) Department of the Environment and Energy compliance and environmental standards officers,

  (ii) the Minister for the Environment and Energy, Mr Josh Frydenberg,

  (iii) Federal Legal Counsel to the Minister and the Department,

  (iv) the Western Australian Minister for Environment, Mr Albert Jacob,

  (v) the Office of the Environmental Protection Authority, in particular, senior compliance managers Mr Ian Munro and Mr Paul Zahara,

  (vi) the proponent, Main Roads Western Australia,

  (vii) Leightons contractors,

  (viii) subcontractors completing the surveying work, fencing and trapping,

  (ix) witnesses who have directly documented breaches with federal approval conditions, and reported these to the minister, and

  (x) other witnesses as determined by the Environment and Communications References Committee.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

Leave is granted for one minute.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

The Department of the Environment and Energy advises that all alleged breaches have been or are being investigated by the department in accordance with the Environment Protection and Biodiversity Conservation Act 1999. No compliance breaches have yet been determined to have occurred since construction commenced. The motion is focused on undertaking an investigation of how significant environmental breaches have occurred. It therefore assumes the existence of such breaches. The government does not support the establishment of an inquiry that is predicated on a prejudgement of the occurrence of significant breaches of the law.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

The question is that the motion moved by Senator Ludlam be agreed to.