Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013
Referral and consideration of the bill
1.1
On 12 December 2013, the Senate referred the Defence Legislation
Amendment (Woomera Prohibited Area) Bill 2013 to the Senate Foreign Affairs,
Defence and Trade Legislation Committee for inquiry and report by
11 February 2014.[1]
On 11 February 2014, the Senate granted an extension of time for reporting
until 4 March 2014.[2]
1.2
The bill was introduced as a private senators' bill by Senator the Hon
Don Farrell. At the time the bill was introduced, Senator the Hon Mitch
Fifield indicated that the government was in the process of preparing an
amended version of the bill for the autumn 2014 sittings.[3]
On 13 February 2014, the bill was debated in the Senate.[4]
1.3
During the 43rd Parliament, the committee conducted an
inquiry into a substantially similar bill. Following the prorogation of the 43rd
Parliament, the committee decided not to continue its inquiry into this bill. More
information regarding that inquiry, including the submissions received and the
committee's report, is available on the committee's website.
Conduct of the inquiry
1.4 The committee advertised its inquiry on its
website, and in The Australian newspaper, calling for submissions to be
lodged by 31 January 2014. The committee also wrote directly to a
range of people and organisations likely to have an interest in the bill, drawing
their attention to the inquiry and inviting them to make written submissions.
1.5 The committee received 12 submissions to the inquiry.
These submissions are listed at Appendix 1 and are available via the
committee's website.
The bill
1.6 Similar to the previous bill considered by the
committee, the bill implements the recommendations of the Review of the
Woomera Prohibited Area led by Dr Allan Hawke in 2011.[5]
The bill amends the Defence Act 1903 and is intended to establish a
framework for administrating access to the Woomera Prohibited Area (WPA). The
bill:
- enables the minister to make the rules prescribing certain
matters, including defining the WPA and the zones to be demarcated within that
area;
- creates a permit system for access and use by non-defence users;
- introduces offences and penalties for entering the WPA without
permission and for failing to comply with a condition of a permit; provides for
compensation for any acquisition of property from a person otherwise than on
just terms; and
- provides for a cap on compensation payable to a person for loss
or damage incurred in the WPA.
Issues raised in submissions
1.7
A number of issues and concerns raised in the committee's previous
inquiry were repeated in submissions to the current inquiry. Submissions
focused on:
- the need for a co-existence model of access to the WPA which balances
national security and economic interests (particularly in relation to resources
exploration and extraction);[6]
- the importance of reliable railway and road access through the
WPA;[7]
- the interests of Indigenous and native title claimants in WPA;[8]
and
- environmental issues regarding exploitation of the WPA.[9]
1.8
The Department of Defence and the Department of Industry's joint
submission provided the committee with an update on key activities which have
occurred since July 2013. It noted that applications to access the WPA continue
to be processed and that Defence continues to consult with WPA stakeholders
including Indigenous groups, railway owners and operators, the Northern
Territory government and the South Australian government, as well as through the
WPA Advisory Board.[10]
The submission also stated:
As advised in the Senate by Senator the Hon Mitch Fifield on
12 December 2013, the Government has indicated that it is in the
process of preparing an amended version of the legislation for the autumn 2014
sitting, including preparation of a Regulation Impact Statement. Senator
Fifield stated that the amended version will include a number of points of
particular concern to the South Australian and Northern Territory Governments,
including a clarification of existing users, including pastoralists, railways
and local Indigenous groups.[11]
Committee view
1.9
The committee's inquiry has allowed interested stakeholders to raise
issues and reiterate their concerns regarding the proposed legislative changes
to the regulation of access to the WPA. The committee expects these
contributions will be taken into account by the Department of Defence and the
Department of Industry as the government's amended bill is prepared.
1.10
The committee is sympathetic to many of the matters Senator Farrell raised
when introducing the bill. In particular, the committee recognises the need to
clarify future access arrangements to the WPA in order to promote economic
growth in South Australia. However, the submissions received by the committee
indicate that there remain a significant number of unresolved and outstanding issues
in relation to the proposed new WPA access regime. Potential problems with the
drafting of the bill were also highlighted during the Senate debate, as well as
the importance of further consultation a range of stakeholders interested in
clarifying their rights to access to the WPA.[12]
1.11
During the Senate debate on the bill, the Minister for Defence, Senator
the Hon David Johnston advised that the 'amended legislation is very close
to completion and a number of points of particular concern to the South
Australian and Northern Territory government are being resolved'.[13]
Further, he noted that 'Defence is continuing to work closely with...existing
users and respond to their concerns, which mainly consist of clarifying
longstanding and existing working relationships and access arrangements and
permission with Defence'.[14]
1.12
In the view of the committee, the concerns and issues raised in
submissions are best resolved initially through the amended version of the bill
currently being prepared by the government, informed by Defence's ongoing
consultations with WPA stakeholders. Should the Senate refer the government's amended
bill for inquiry, the committee notes that it will be well-placed to consider
the issues connected with the amended bill.
1.13
The committee thanks all those who assisted with the inquiry,
particularly those who have made written submissions.
Recommendation 1
1.14
The committee recommends that the Senate not pass the bill.
Senator Alan
Eggleston
Chair
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