The majority voted against amendments introduced by ACT Senator David Pocock (Independent), which means they failed.

What do these amendments do?

Senator Pocock explained that:

... this amendment would deal with the biggest concern for anyone who cares about our future, anyone who cares about the people and places that we love and, it seems to me in this place, anyone who's not taking donations from Santos, INPEX and Woodside. It would rule out this Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023 from being able to facilitate new fossil fuel facilities.

Amendment text

(1) Schedule 1, page 4 (before line 4), before item 1, insert:

1A Subsection 4(1)


new fossil fuel facility has the meaning given by section 4AA.

1B After section 4


4AA Meaning of new fossil fuel facility

(1) A facility is a new fossil fuel facility for a financial year (the current financial year) if:

(a) during the current financial year, the facility conducts an activity, or a series of activities, for the purpose of extracting, processing, supplying or exporting coal, oil or natural gas; and

(b) either:

(i) as at 1 July 2023, a determination referred to in subsection 22XQ(1) of the National Greenhouse and Energy Reporting Act 2007 has never been made in relation to the facility under the safeguard rules (within the meaning of that Act); or

(ii) on 1 July 2023 the facility is an existing facility and during all, or part, of the current financial year the facility undertakes new operations of a kind specified in subsection (2).

(2) For the purposes of subparagraph (1)(b)(ii), the following kinds of new operations are specified:

(a) new operations that increase the annual production of the facility;

(b) new operations that extend the number of years of production of the facility;

(c) new operations that involve the development of new reserves that were not already under production by the facility on 1 July 2023.

(2) Schedule 1, item 3, page 5 (lines 1 to 16), omit subsection 19(7B), substitute:

(7B) In a financial year, the Minister may only grant a permit for the export of controlled material for dumping, where the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation, if:

(a) the carbon dioxide streams are not captured from facilities that are new fossil fuel facilities for the financial year; and

(b) the Minister is satisfied of the matters referred to in paragraphs 4.1, 4.2 and 4.3 of Annex 1 to the Protocol; and

(c) the Minister is satisfied that there is an agreement or arrangement in force:

(i) between Australia and the other country to which the export relates; and

(ii) that includes the matters covered by paragraphs 2.1 and 2.2 (as appropriate) in the Annex to Resolution LP.3(4) adopted on 30 October 2009 by the Contracting Parties to the Protocol; and

(d) the Minister is satisfied that the grant of the permit would be in accordance with Annex 2 to the Protocol; and

(e) the Minister is satisfied of any other matters the Minister considers relevant.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (73% turnout) 8 Yes 0 No
Penny Allman-Payne Queensland Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Barbara Pocock SA Yes
Janet Rice Victoria Yes
David Shoebridge NSW Yes
Jordon Steele-John WA Yes
Larissa Waters Queensland Yes
Dorinda Cox WA Absent
Mehreen Faruqi NSW Absent
Peter Whish-Wilson Tasmania Absent
Australian Labor Party (68% turnout) 0 Yes 17 No
Tim Ayres NSW No
Catryna Bilyk Tasmania No
Raff Ciccone Victoria No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Glenn Sterle WA No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Murray Watt Queensland No
Carol Brown Tasmania Absent
Anthony Chisholm Queensland Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Katy Gallagher ACT Absent
Jess Walsh Victoria Absent
Linda White Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Absent
Andrew McLachlan SA Deputy President Absent
David Pocock ACT Independent Yes
Lidia Thorpe Victoria Independent Absent
David Van Victoria Independent Absent
Jacqui Lambie Network (100% turnout) 2 Yes 0 No
Jacqui Lambie Tasmania Yes
Tammy Tyrrell Tasmania Yes
Liberal National Party (0% turnout) Absent
Matthew Canavan Queensland Absent
James McGrath Queensland Absent
Liberal Party (9% turnout) 0 Yes 2 No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
Alex Antic SA Absent
Wendy Askew Tasmania Absent
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Slade Brockman WA Absent
Michaelia Cash WA Absent
Claire Chandler Tasmania Absent
David Fawcett SA Absent
Sarah Henderson Victoria Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
Maria Kovacic NSW Absent
Kerrynne Liddle SA Absent
Matt O'Sullivan WA Absent
James Paterson Victoria Absent
Gerard Rennick Queensland Absent
Linda Reynolds WA Absent
Anne Ruston SA Absent
Paul Scarr Queensland Absent
Dean Smith WA Absent
National Party (25% turnout) 0 Yes 1 No
Ross Cadell NSW No
Perin Davey NSW Absent
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (50% turnout) 0 Yes 1 No
Malcolm Roberts Queensland No
Pauline Hanson Queensland Absent
Sue Lines WA President Absent
Ralph Babet Victoria United Australia Party No
Totals (44% turnout) 11 Yes – 22 No