|
senate vote 2021-06-23#13
Edited by
mackay staff
on
2021-07-09 13:19:36
|
Title
Bills — Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021; in Committee- Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021 - in Committee - Nationals' amendments
Description
<p class="speaker">Anne Ruston</p><p>by leave—I move amendments (1) and (2) on sheet QL183 together:</p><p class="italic">(1) Schedule 1, item 78, page 61 (line 15), after "person", insert "that is an agency of the Commonwealth or an agency of a State".</p>- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-06-23.200.1) introduced by Queensland Senator [Matthew Canavan](https://theyvoteforyou.org.au/people/senate/queensland/matthew_canavan) (LNP), which means they failed.
- Interestingly, these amendments were inconsistent with the Cabinet's views, meaning that the Nationals were breaking with the rest of the Coalition in introducing them.
- ### Amendment text
- > *(1) Schedule 1, page 4 (after line 9), after item 1, insert:*
- >
- >> *1A Subsection 19(5)*
- >>
- >>> *Omit "at least every 10 years (or sooner if the Minister or all the Basin States request)", substitute "during 2026 and at such other times as agreed by the Murray Darling Basin Ministerial Council".*
- >>
- >> *1B Subsections 50(1) to (4)*
- >>
- >>> *Repeal the subsections, substitute:*
- >>>
- >>> *(1) The Authority must:*
- >>>
- >>>> *(a) review the Basin Plan during 2026, unless the Murray Darling Basin Ministerial Council agrees otherwise; and*
- >>>>
- >>>> *(b) review the Basin Plan at such other times as agreed by the Murray Darling Basin Ministerial Council.*
- >>
- >> *1C Paragraph 50(5)(a)*
- >>
- >>> *Omit "or (2)".*
- >>
- >> *1D Subsection 50(6)*
- >>
- >>> *Omit "subsection (1)", substitute "paragraph (1)(a)".*
- >>
- >> *1E Section 52*
- >>
- >>> *Before "If", insert "(1)".*
- >>
- >> *1F Section 52*
- >>
- >>> *After "section 45", insert "but subject to subsection (2) of this section".*
- >>
- >> *1G At the end of section 52*
- >>
- >>> *Add:*
- >>>
- >>> *(2) However:*
- >>>
- >>>> *(a) the Authority must not prepare an amendment of the Basin Plan as mentioned in this section unless the Murray Darling Basin Ministerial Council agrees; and*
- >>>>
- >>>> *(b) an amendment of the Basin Plan prepared as mentioned in this section must not provide for a reduction in the long term average sustainable diversion limit.*
- >
- > *(2) Schedule 1, Part 1, page 15 (after line 29), at the end of the Part, add:*
- >
- >> *2A Division 5 of Part 2 (heading)*
- >>
- >>> *Omit "1,500 gigalitre", substitute "1,229 gigalitre".*
- >>
- >> *2B Section 85B*
- >>
- >>> *Omit "1,500 gigalitre", substitute "1,229 gigalitre".*
- >>
- >> *2C Section 85C (heading)*
- >>
- >>> *Omit "1,500 gigalitre", substitute "1,229 gigalitre".*
- >>
- >> *2D Subsection 85C(1)*
- >>
- >>> *Omit "1,500 gigalitres", substitute "1,229 gigalitres".*
- >>
- >> *2E Subsection 85C(2)*
- >>
- >>> *Repeal the subsection.*
- >
- > *(3) Schedule 1, Part 1, page 15, at the end of the Part (after proposed item 2E), add:*
- >
- >> *2F Subsection 86AA(1)*
- >>
- >>> *Omit "(1)".*
- >>
- >> *2G Subsections 86AA(2) and (3)*
- >>
- >>> *Repeal the subsections.*
- >>
- >> *2H At the end of paragraph 86AD(2)(a)*
- >>
- >>> *Add:*
- >>>
- >>> *(vii) investing in complementary measures to enhance environmental outcomes in relation to the Murray Darling Basin;*
- >>
- >> *2J Paragraph 86AD(2)(b)*
- >>
- >>> *Repeal the paragraph.*
- >>
- >> *2K Subparagraph 86AD(2)(c)(ii)*
- >>
- >>> *Omit "associated with a project or purchase referred to in paragraph (a) or (b) or subparagraph (c)(i)", substitute "associated with a project referred to in paragraph (a) or subparagraph (c)(i), or any previous purchase of water access rights paid for with amounts debited from the Water for the Environment Special Account,".*
- >>
- >> *2L Subsection 86AD(2) (notes 1 and 2)*
- >>
- >>> *Repeal the notes.*
- >>
- >> *2M Subsection 86AD(4)*
- >>
- >>> *Repeal the subsection.*
- >>
- >> *2N Paragraph 86AI(2)(b)*
- >>
- >>> *Repeal the paragraph, substitute:*
- >>>
- >>> *(b) achievements against those objectives and priorities;*
- >>
- >> *2P Subsection 86AJ(1)*
- >>
- >>> *Omit all the words after "is sufficient to", substitute "achieve the object of this Part by 30 June 2024".*
- >>
- >> *2Q Paragraph 86AJ(3)(b)*
- >>
- >>> *Repeal the paragraph.*
<p class="italic">(2) Schedule 1, item 78, page 62 (lines 1 to 6), omit subsection 222D(3).</p> <p class="speaker">Rex Patrick</p><p>I have one question in relation to these amendments, which, I understand, provide a power to compel documents from the states. I just want to get an assurance from the minister that there is no intention that these powers would ever be used to pursue a whistleblower.</p> <p class="speaker">Anne Ruston</p><p>There is no intention for these powers to be used for that purpose. The sole and express purpose of these compelling powers is to ensure that states and territories provide information to the Commonwealth in relation to the implementation and delivery of their requirements under the Murray-Darling Basin Plan.</p> <p class="speaker">Sarah Hanson-Young</p><p>I would just like to indicate that I think these are good amendments, given that clarification. The last thing we want is whistleblowers and those who are working tirelessly for transparency and the improved management of the Murray-Darling Basin to be intimidated or working in fear. I think it is absolutely important for states and territories to hand over this information, but it should be limited to that. So I thank the government for putting forward these amendments.</p> <p class="speaker">Rex Patrick</p><p>Just for the ease of the chamber, division-wise, on a similar basis to Senator Hanson-Young, I will support these amendments.</p><p>Question agreed to.</p> <p class="speaker">Matthew Canavan</p><p>by leave—I move amendments (1) to (3) on sheet 1297 together:</p><p class="italic">(1) Schedule 1, page 4 (after line 9), after item 1, insert:</p><p class="italic">1A Subsection 19(5)</p><p class="italic">Omit "at least every 10 years (or sooner if the Minister or all the Basin States request)", substitute "during 2026 and at such other times as agreed by the Murray Darling Basin Ministerial Council".</p><p class="italic">1B Subsections 50(1) to (4)</p><p class="italic">Repeal the subsections, substitute:</p><p class="italic">(1) The Authority must:</p><p class="italic">(a) review the Basin Plan during 2026, unless the Murray Darling Basin Ministerial Council agrees otherwise; and</p><p class="italic">(b) review the Basin Plan at such other times as agreed by the Murray Darling Basin Ministerial Council.</p><p class="italic">1C Paragraph 50(5)(a)</p><p class="italic">Omit "or (2)".</p><p class="italic">1D Subsection 50(6)</p><p class="italic">Omit "subsection (1)", substitute "paragraph (1)(a)".</p><p class="italic">1E Section 52</p><p class="italic">Before "If", insert "(1)".</p><p class="italic">1F Section 52</p><p class="italic">After "section 45", insert "but subject to subsection (2) of this section".</p><p class="italic">1G At the end of section 52</p><p class="italic">Add:</p><p class="italic">(2) However:</p><p class="italic">(a) the Authority must not prepare an amendment of the Basin Plan as mentioned in this section unless the Murray Darling Basin Ministerial Council agrees; and</p><p class="italic">(b) an amendment of the Basin Plan prepared as mentioned in this section must not provide for a reduction in the long term average sustainable diversion limit.</p><p class="italic">(2) Schedule 1, Part 1, page 15 (after line 29), at the end of the Part, add:</p><p class="italic">2A Division 5 of Part 2 (heading)</p><p class="italic">Omit "1,500 gigalitre", substitute "1,229 gigalitre".</p><p class="italic">2B Section 85B</p><p class="italic">Omit "1,500 gigalitre", substitute "1,229 gigalitre".</p><p class="italic">2C Section 85C (heading)</p><p class="italic">Omit "1,500 gigalitre", substitute "1,229 gigalitre".</p><p class="italic">2D Subsection 85C(1)</p><p class="italic">Omit "1,500 gigalitres", substitute "1,229 gigalitres".</p><p class="italic">2E Subsection 85C(2)</p><p class="italic">Repeal the subsection.</p><p class="italic">(3) Schedule 1, Part 1, page 15, at the end of the Part (after proposed item 2E), add:</p><p class="italic">2F Subsection 86AA(1)</p><p class="italic">Omit "(1)".</p><p class="italic">2G Subsections 86AA(2) and (3)</p><p class="italic">Repeal the subsections.</p><p class="italic">2H At the end of paragraph 86AD(2)(a)</p><p class="italic">Add:</p><p class="italic">(vii) investing in complementary measures to enhance environmental outcomes in relation to the Murray Darling Basin;</p><p class="italic">2J Paragraph 86AD(2)(b)</p><p class="italic">Repeal the paragraph.</p><p class="italic">2K Subparagraph 86AD(2)(c)(ii)</p><p class="italic">Omit "associated with a project or purchase referred to in paragraph (a) or (b) or subparagraph (c)(i)", substitute "associated with a project referred to in paragraph (a) or subparagraph (c)(i), or any previous purchase of water access rights paid for with amounts debited from the Water for the Environment Special Account,".</p><p class="italic">2L Subsection 86AD(2) (notes 1 and 2)</p><p class="italic">Repeal the notes.</p><p class="italic">2M Subsection 86AD(4)</p><p class="italic">Repeal the subsection.</p><p class="italic">2N Paragraph 86AI(2)(b)</p><p class="italic">Repeal the paragraph, substitute:</p><p class="italic">(b) achievements against those objectives and priorities;</p><p class="italic">2P Subsection 86AJ(1)</p><p class="italic">Omit all the words after "is sufficient to", substitute "achieve the object of this Part by 30 June 2024".</p><p class="italic">2Q Paragraph 86AJ(3)(b)</p><p class="italic">Repeal the paragraph.</p> <p class="speaker">Jenny McAllister</p><p>I want to place on record how ridiculous this is. This is what it looks like under the leadership of the new Deputy Prime Minister. We've got the National Party in here moving amendments to gut the Murray-Darling Basin Plan, against the will of their coalition partners. The amendments before us this evening do things like take all of the science out of the part of the act that governs a $1.7 billion fund. How disgraceful. It essentially creates the circumstance where that fund can be used for any purchase in rural Australia. This is exactly the kind of pork-barrelling that we have seen again and again from these people. We are in a position now where we have to gag these people, because they are wasting the Senate's time, bringing on amendments that are immensely complex to an immensely complex agreement with no notice. It is disgraceful and we will not be supporting the National Party amendments.</p> <p class="speaker">Sarah Hanson-Young</p><p>Well, the Greens won't be supporting this amendment either. This is a full-blown attack on the Murray-Darling Basin, on South Australia and on anyone in this country who cares about the survival of our nation's greatest river. This is an attack from the water terrorists of the coalition, who sit right here and want to blow everything up. Under the leadership of Barnaby Joyce—Mr Joyce—as Deputy Prime Minister, this is what this government looks like. It's being hamstrung and blackmailed by the terrorists in the National Party. We will not be supporting this.</p> <p class="speaker">Rex Patrick</p><p>I've got a couple of quick questions. Clearly I'm not going to support this full frontal attack on the Basin Plan, but I just want to confirm with the minister, Senator Ruston, that the position that's been adopted by the Nationals in the chamber today—the amendments that are being moved—are not supported by Minister Pitt, noting that he's a cabinet member.</p> <p class="speaker">Anne Ruston</p><p>The position of the government remains the same in relation to the Murray-Darling Basin Plan. As I said, in many contributions I've made in this place over time, this was an extraordinarily ambitious plan. I think everybody in this chamber can be extremely proud of the fact that everybody voted to make sure we had a sustainable river system going into the future that not just supported the environment but also supported the river communities that rely on that environment—supported our food and fibre producers but made sure that it was going to be sustainable for everybody into the future.</p><p>It was an extraordinarily ambitious plan. It still is an extraordinarily ambitious plan. We have already committed much and have achieved much in the delivery of this plan, but we still have some way to go. We still have a period of time. This plan is not due to be completed until 2024. The position of the government and the position of the minister remains that we will work tirelessly between now and 2024 so we can achieve the delivery of the Murray-Darling Basin Plan. We will not give up. We will not stop trying, because we are committed to the delivery of the plan.</p> <p class="speaker">Rex Patrick</p><p>Noting that it's the position of the government to fully support the Basin Plan, to fully support the 450 in section 86AA of the Water Act: if the Deputy Prime Minister, Mr Joyce, was to make a statement to the contrary—noting the principles of cabinet solidarity and cabinet responsibility in relation to a member of the cabinet disagreeing with the cabinet's decisions—will the Prime Minister remove him from the cabinet?</p> <p class="speaker">Anne Ruston</p><p>Obviously the protocols and conventions that run the government remain in place, and I don't think anybody's deviating from those.</p> <p class="speaker">Kimberley Kitching</p><p>The question is that amendments (1) to (3) on sheet 1297 be agreed to.</p>
|