Protection of Marine Waters (Prevention of Pollution From Ships) Amendment Bill

Extract from Hansard

Legislative Council
5 June 2001

Sandra Kanck
Deputy Leader Australian Democrats
Member of the Legislative Council

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The Hon. SANDRA KANCK: The Australian Democrats support the second reading of this bill. We hold the natural environment in trust for future generations. The Protection of Marine Waters (Prevention of Pollution from Ships) Act is part of our legislative armoury designed to fulfil our obligations to protect the environment, and this bill strengthens the operation of the act. The amendment to section 8, `punishing negligent acts resulting in the discharge of oil or oily mixtures into state waters', tightens and improves the legislation. Negligence is no excuse for spewing oil into the marine environment and the law will, obviously, soon reflect that reality.

Further, the amendment to section 25 ( a), altering the definition of `prescribed incident' so that incidents such as grounding or fire which may lead to the pollution of state waters must now be reported, is welcome. The shipping industry needs a heightened sense of its responsibilities. This amendment should encourage that outcome.

I am particularly pleased that the bill ends the anomaly whereby oil spilt from an apparatus attracts a lesser fine than oil spilt from a ship. I issued a media release back in September 1999 calling for spillage from an apparatus to be subject to the same fines as spillage from a ship. In fact, as we are getting close to an election, I was considering introducing a private member's bill along those lines but the minister has pre-empted me. The amendment to section 26 under this bill now achieves precisely that aim, so our marine environment will be safer as a result.

The requirement that the minister develop a marine spill action plan is another positive development. I believe that the plan should be tabled in parliament, however, to encourage proper scrutiny of it; and I also believe that each review of the plan should be tabled in parliament for the same reason. I would encourage the minister to consider making changes to the bill from that point of view, and I may consider an amendment myself. On this World Environment Day, I am very pleased to be supporting the second reading of this bill.