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senate vote 2009-06-17#5
Edited by
Luke Bacon
on
2015-07-11 04:02:28
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Title
Mining- Motions — Cease Liverpool Plains Mining Exploration Before Hydrological Review
Description
<p class="speaker">Bob Brown</p><p>I ask that motion No. 452 standing in my name for today relating to coal exploration near the flood plain at Caroona, near Gunnedah in New South Wales, and calling on the government to halt potentially damaging mineral exploration activities there using its federal powers, be taken as a formal motion.</p> <p class="speaker">Alan Ferguson</p>- [Bob Brown](https://theyvoteforyou.org.au/people/senate/tasmania/bob_brown) moved:
- > That the senate:
- >
- > (a) notes the decision by the New South Wales Mining Warden permitting BHP Billiton to proceed with exploration for coal near and under prime food-growing floodplain at [Caroona](https://en.wikipedia.org/wiki/Caroona,_New_South_Wales), in the centre of the Liverpool Plains, near Gunnedah;
- >
- > (b) acknowledges the undiminished opposition to this exploration by local farmers and other members of the local communities and the independent [Member for New England in the House of Representatives, Mr Tony Windsor](https://theyvoteforyou.org.au/people/representatives/new_england/tony_windsor); and
- >
- > (c) calls on the Government:
- >
- > * (i) to exercise all legal and ethical options available to cease the exploration activities of BHP Billiton at Caroona until the completion of the independent expert evaluation of the hydrology of the region, and also
- > * (ii) to cease the granting of all exploration licences for the purpose of resource and mineral extraction and undertake further independent studies into impacts of mining on the surficial and underground aquifer systems which form part of the Murray-Darling system if significant risks are identified in the expert evaluation currently underway.
- [Joe Ludwig](https://theyvoteforyou.org.au/people/senate/queensland/joe_ludwig) [explained Labor MPs’ opposition to this motion](http://www.openaustralia.org.au/senate/?gid=2009-06-17.131.3), saying that:
- > Section 255A of the Water Act 2007 requires independent expert assessment of groundwater impact prior to considering any approval for mining ... it is very important here to distinguish between exploration activity on the one hand and mining activity on the other hand. Exploration activity in itself is unlikely to have any significant water resource impacts.
- [Barnaby Joyce](https://theyvoteforyou.org.au/people/representatives/new_england/barnaby_joyce) [explained that Coalition MPs’ opposed the motion](http://www.openaustralia.org.au/senate/?gid=2009-06-17.132.1) because they believed it was “more of a political statement, with political purpose, and that would go beyond their desire to actually achieve something here”, and had not been proceeded with “proper consultation”. He also said that the motion’s focus on [Caroona in the Liverpool Plains](https://en.wikipedia.org/wiki/Caroona,_New_South_Wales) was intended as a political “wedge” tactic:
- > Also, it talks about Caroona, as if Caroona in the Liverpool Plains is extremely important. But it is not the only important place. There are other parts of our nation that have the same concerns, which also deserve to be considered in motions such as these. So this issue is being taken to a form of base politics.
<p>Senator Brown, it is not normal to start debating it when you are getting up to ask for a motion to be taken as formal. We are aware of the notice of motion. You could ask for leave if you wanted to.</p> <p class="speaker">Bob Brown</p><p>It is my right and responsibility to explain the nature of a motion in very brief terms, if the Senate is going to consider it, and that is what I just did.</p> <p class="speaker">Alan Ferguson</p><p>That is not the nature of formal motions. That is the point I am trying to make to you. Are you seeking formality for that motion?</p> <p class="speaker">Bob Brown</p><p>Yes, I seek formality for that motion.</p> <p class="speaker">Alan Ferguson</p><p>There being no objection, I call Senator Brown.</p> <p class="speaker">Bob Brown</p><p>Thank you, Acting Deputy President.</p> <p class="speaker">Alan Ferguson</p><p>I would remind you, Senator Brown, that I am not the Acting Deputy President.</p> <p class="speaker">Bob Brown</p><p>Thank you for that necessary reminder, Deputy President. That is very helpful indeed. I move:</p><dl><dt></dt><dd>That the Senate—<dl><dt>(a)</dt><dd>notes the decision by the New South Wales Mining Warden permitting BHP Billiton to proceed with exploration for coal near and under prime food-growing floodplain at Caroona, in the centre of the Liverpool Plains, near Gunnedah;</dd><dt>(b)</dt><dd>acknowledges the undiminished opposition to this exploration by local farmers and other members of the local communities and the independent Member for New England in the House of Representatives, Mr Tony Windsor; and</dd><dt>(c)</dt><dd>calls on the Government:<dl><dt>(i)</dt><dd>to exercise all legal and ethical options available to cease the exploration activities of BHP Billiton at Caroona until the completion of the independent expert evaluation of the hydrology of the region, and also</dd><dt>(ii)</dt><dd>to cease the granting of all exploration licences for the purpose of resource and mineral extraction and undertake further independent studies into impacts of mining on the surficial and underground aquifer systems which form part of the Murray-Darling system if significant risks are identified in the expert evaluation currently underway.</dd></dl></dd></dl></dd></dl> <p class="speaker">Joe Ludwig</p><p>by leave—I note that there are two motions in similar terms. I can foreshadow that the government is prepared to support Senator Joyce’s motion on this matter, but we are not prepared to support—</p> <p class="speaker">Bob Brown</p><p>He’s already done it.</p> <p class="speaker">Joe Ludwig</p><p>Yes, thank you, Senator Brown. We did support Senator Joyce’s motion on this matter but we are not prepared to support the motion proposed by Senator Brown.</p><p>Section 255A of the Water Act 2007 requires independent expert assessment of groundwater impact prior to considering any approval for mining. Approval of mining proposals within the Murray-Darling Basin, including the settling of any conditions to protect the environment, is a state government responsibility. The Australian government considers that, before such proposals with potential to impact on water resources are approved, they should be properly assessed, including their potential impact on third parties. This position is adequately reflected in the Water Act 2007, and it is very important here to distinguish between exploration activity on the one hand and mining activity on the other hand. Exploration activity in itself is unlikely to have any significant water resource impacts.</p> <p class="speaker">Barnaby Joyce</p><p>by leave—We have serious concerns with this. Why? First of all, this is a wedging motion. Reference to the member for New England and the consequence of that being in this motion means that it is more of a political statement, with political purpose, and that would go beyond their desire to actually achieve something here. This was foisted upon us without any chance of proper lobbying and proper consultation. This is an extremely important issue. We regard it as having the utmost importance. But we do not want to play this political game where people run into the chamber on something that there is obviously a wealth of concern about and then play wedging politics over a couple of days.</p><p>Also, it talks about Caroona as if Caroona, in the Liverpool Plains, is extremely important. But it is not the only important place. There are other parts of our nation that have the same concerns, which also deserve to be considered in motions such as these. So this issue is being taken to a form of base politics. This is an issue where we are trying as best we can on both sides of this chamber—from the Labor Party to the Liberal Party to the National Party—to collect a group of people to go forward and achieve something and deliver something back. This has been turned into a wedging issue, taken to a very base form, which is detracting from the people who feel so exposed at this point in time on this issue. I think it is improper of the Greens to start playing with the lives of the people at Caroona and on the Haystack Plain without being genuine and authentic in the way that they would go about collecting support. It takes 39 votes in this chamber to get something through, not five.</p> <p class="speaker">Bob Brown</p><p>I seek leave to make a short statement on the matter.</p> <p class="speaker">Barnaby Joyce</p><p>Leave not granted.</p> <p class="speaker">Stephen Parry</p><p>He has already made a short statement.</p> <p class="speaker">Alan Ferguson</p><p>In response to that interjection, Senator Brown has not made a short statement. He was speaking to his motion. He was not actually making a short statement.</p> <p class="speaker">Stephen Parry</p><p>On that basis we will grant leave for him to speak for two minutes.</p> <p class="speaker">Bob Brown</p><p>by leave—I thank the coalition for that reconsideration. The important point about this motion as against the much weaker and, as a result, ineffective motion that was put forward by the Nationals—</p> <p class="speaker">Opposition Senators</p><p class="italic">Opposition senators interjecting—</p> <p class="speaker">Bob Brown</p><p>who now interject—and let me give them a quick lesson here. The process of giving notice here is so that all parties will be made aware of motions, which is what happened yesterday. The fact is that the National Party, which has been in collaboration with the mining industry about this issue in this parliament before—</p> <p class="speaker">Barnaby Joyce</p><p>Mr Deputy President, I raise a point of order. As Leader of the National Party in the Senate, I want Senator Brown to confirm how he comes to the allegation that we have been somehow—</p> <p class="speaker">Alan Ferguson</p><p>Order! Senator Joyce, that is not a point of order. If you wish to make a statement at some later stage, you may seek leave to do so.</p> <p class="speaker">Ron Boswell</p><p>Mr Deputy President, on the point of order. There was an allegation made, not against Senator Joyce but against the whole of the National Party, that they were in the pockets of the mining industry. That is offensive, it is untrue and it is unparliamentary. Unless the leader of the Greens can substantiate that motion, I ask you to ask him to withdraw it.</p> <p class="speaker">Alan Ferguson</p><p>I have seen some fairly robust debates in this place and I would consider that if you consider that to be unparliamentary then you should raise the issue at another time. Can I say that in this case, although Senator Brown is making a statement, that is purely a debating point and so there is no point of order. I call Senator Brown.</p> <p class="speaker">Bob Brown</p><p>Thank you, Mr Deputy President; that is a very good ruling. There is a bit of thin skin amongst some colleagues sitting on my right in the National Party. Let me make this absolutely clear. I did not say that they were in the pockets of the mining industry. I said that they had collaborated with them on this issue. That is a problem for them. The difficulty with their motion is that they took the teeth out of it—and this motion from the Greens puts them back in. It says that the federal government has the powers to ensure that this inherently dangerous mineral exploration under these prime crop lands in the Liverpool Plains does not proceed and calls on the federal government to make sure of that.</p> <p class="speaker">Barnaby Joyce</p><p>Mr Deputy President, I raise a point of order. Once more, Senator Brown has asserted that a notice of motion does something which has legislative effect. It does nothing of the sort. It is a notice of motion.</p> <p class="speaker">Alan Ferguson</p><p>I am sorry, Senator Joyce, you may wish to make that point but it is a debating point. If you wish to correct the record and state your position there are other opportunities. Senator Brown is making a statement and he is entitled to use that sort of language in making a statement.</p> <p class="speaker">Bob Brown</p><p>Yes, and that is because it is appropriate, and I draw the attention of Senator Joyce and his colleagues to the standing orders. They might acquaint themselves with them. The fact is that we stand here in defence of the food producing regions of the whole Murray-Darling Basin. That is what the Greens are doing here. It is an important stand and this motion will determine whether other members of this Senate make such a strong stand themselves.</p> <p class="speaker">Alan Ferguson</p><p>As formality has already been granted, I put the question that Senator Brown’s motion be agreed to.</p>
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