Navigation: Previous Page | Contents | Next Page

Environment Protection and Biodiversity Conservation Amendment (Moratorium on Aquifer Drilling Connected with Coal Seam Gas Extraction) Bill 2013

Introduced into the House of Representatives on 11 February 2013
By: Mr Katter MP

1.1        This bill seeks to amend the Environment Protection and Biodiversity Conservation Act 1999 to make it an offence for a person to drill through or into an acquifer for the purposes of coal seam gas extraction. The offence will only be valid for two years following commencement of the relevant clause. The amendment is stated to not apply if the action is taken to facilitate safer coal mining. The penalty that may be imposed in relation to the offence is $200,000 for an individual and $2 million for a body corporate

Compatibility with human rights

1.2        The bill is accompanied by a statement of compatibly which reproduces the template provided by the Attorney-General's Department without making specific reference to the bill or to specific rights that might be affected by the bill. The statement concludes by stating that the bill is compatible with human rights.

Right to respect for one’s home/right to health/right to water

1.3        A number of concerns have been expressed about the consequences of coal seam gas mining and its impact on surrounding locations and water supplies. The bill might be seen as promoting the right of persons not to have their homes unlawfully or arbitrarily interfered with under article 17 of the International Covenant on Civil and Political Rights. International human rights law has accepted that this right can provide some protection against pollution that affects a person’s quiet enjoyment of their home and also extends to any damage to residential property caused by subsidence that might result from such mining.

1.4        To the extent that this bill seeks to address concerns about pollution, it might also be viewed as contributing to the attainment of the right of persons to the highest attainable standard of health guaranteed by article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). To the extent that it seeks to avoid contamination of water supplies, the bill might also be viewed as contributing to the fulfilment of the right to an adequate standard of living (including the right to water) guaranteed by article 11 of the ICESCR.

1.5                 The committee considers that this bill does not appear to give rise to human rights concerns.

1.6                 The committee intends to write to Mr Katter, noting that the statement of compatibility fails to identify specific rights which may be promoted or limited by the bill and that it is a requirement of the Human Rights (Parliamentary Scrutiny) Act 2011 that substantive statements of compatibility be supplied even in cases where the effect of the proposed legislation is to promote rather than limit the enjoyment of a relevant right.

Navigation: Previous Page | Contents | Next Page