ALP SENATORS' REPORT
Introduction
Labor believes the Commonwealth has a critical and far reaching role
in environmental protection. The Commonwealth's role in environmental
protection has expanded over the last 30 years. This role can be one of
coordination and leadership with the States, but sometimes the role requires
unilateral action.
Critical issues including the protection of wilderness areas in south
west Tasmania, the Daintree, Kakadu and Uluru have helped build a public
expectation that the Commonwealth should assume a role of national leadership
on matters affecting the environment. At the same time legal developments
have enhanced the capacity of the Commonwealth to act to protect the environment.
The evidence presented to the Committee supports the view that the Commonwealth
has an important national role to play in the area of environmental protection.
Labor believes the Commonwealth should not shy away from meeting its responsibilities.
In this regard we have concerns at the timing of the development of the
Environment Protection and Biodiversity Conservation Bill 1998, prior
to the completion of this report. This review of Commonwealth Environment
Powers should have been completed and provided input into the development
of the new environment legislation.
The Commonwealth has a role to play not merely through coordinating,
facilitating and negotiating, but it has responsibilities within the international
community. It has a role to translate international undertakings into
accords and principles with the States and the appropriate agencies for
implementation. One of the Commonwealth's roles is leadership with the
other tiers of Government. This role also has to take into account that
often the Commonwealth is not to be involved in day to day management.
The report does not address the historic failure of Commonwealth legislation
to recognise the role of Local Government. The report briefly mentions
the important role of Local Government, but does not make strong enough
recommendations. It does not recognise the growing trend of State Governments
to devolve environmental responsibilities to Local Government without
adequate resources, and fails to adequately expand on the potential positive
role the Commonwealth could play in empowering Local Government.
The Chair's report, while addressing many of the key issues, does not
adequately address the proper role of the Commonwealth in environmental
protection. Labor Senators agree with many of the recommendations, but
some recommendations are inadequate, and need strengthening, and some
can not be supported at all.
Labor Senators agree with the main direction of the report and most of
the recommendations, except the following:
Recommendation 2
We disagree with this recommendation. In our view there is no need for
such a Commission. Where there is conflict, parties would in any event
go to Court, so a body such as this would achieve little. The report states
elsewhere that Commonwealth already has significant powers, so there should
not be the need a group of experts to confirm these powers.
Recommendation 3
We disagree with the second part of this recommendation, in that it does
not state that part of National responsibility should be to bring
States and Local Governments to meet their responsibilities.
Recommendation 6
We generally agree with the recommendation, but the framework should
be developed in cooperation with the States.
Recommendation 7
We generally agree with this recommendation, but it should be amended.
The second part should read “The Commonwealth should exercise primary
legal control over the protection and preservation of these areas, but
there must be recognition that the States have an important day to day
management role”.
Recommendation 12
We believe that it would be preferable to redefine the management objectives
of the World Heritage area to ensure that the integrity of the area and
its values are protected, rather than applying the rigid concept of a
buffer zone.
Recommendation 13
We agree with first sentence, but the second sentence should be replaced
by “The Commonwealth should adopt international best practice standards
that prohibit environmentally destructive activities in World Heritage
areas”.
Recommendation 14
We believe that this recommendation should be amended to read “The
Commonwealth should consider the prohibition of activities that would
irreparably harm potential World Heritage areas within Australia at any
time prior to completion of the assessment process”.
Recommendation 16
We generally agree with this recommendation, but it could be changed
to read “The Commonwealth should retain ultimate management responsibility
for listed Ramsar wetlands in order to ensure that its obligations under
the Convention are met”.
Recommendation 19
We disagree with the current recommendation, we believe the recommendation
should read “The Commonwealth should use its powers to pursue with
the States national standards for environmental impact assessment of a
project proposal likely to have a significant impact on the environment
in Australia”.
These changes reflect a cooperative approach with the States. They also
recognise that there are other environmental impacts apart from those
on biodiversity. This section of the report in general relies too much
on the Convention on Biological Diversity, there may be other environmental
issues.
Recommendation 20
We believe this recommendation should be changed to read “The Commonwealth
should play a leadership role to ensure that approvals, requirements and
standards protect against adverse impacts on the conservation of biological
diversity”.
Recommendation 21
This recommendation implies an exclusive role for the Commonwealth, however
we believe it should acknowledge that the Commonwealth should respect
the validity of adequate State EIS procedures.
Recommendation 23
We disagree with this recommendation.
Recommendation 24
We believe that this recommendation should be amended to read “The
Commonwealth should ensure that the national requirements and standards
it sets for environmental impact assessment include standing, similar
to the provisions which apply under NSW legislation, to allow public access
to the courts in order to test the validity of governmental decision and
restrain breaches of the law”.
Recommendation 26
We believe this recommendation should be amended to read “The Commonwealth
should take the lead in pursuing a system of comprehensive and binding
uniform national standards for the protection of the Australian environment”.
Recommendation 27
We believe this recommendation should be changed to read “In
determining the substance of comprehensive and binding uniform national
standards for the protection of the Australian environment, the Commonwealth
should engage in extended consultations with State and Territory Governments,
the wider community and industry”.
Recommendation 28
We disagree with this recommendation.
Recommendation 30
We disagree with this recommendation. We believe the referendum on the
republic should go ahead as planned at present. Further constitutional
changes should go forward in the future as part of a full program of constitutional
amendments.
Chapter 7 Conclusion
In addition to these specific recommendation we disagree with the concluding
chapter
Senator Nick Bolkus Senator Kate Lundy
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