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senate vote 2015-11-11#1
Edited by
mackay staff
on
2015-11-26 15:18:55
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Title
Description
The majority voted against a [motion](http://www.openaustralia.org.au/senate/?id=2015-11-11.134.1) introduced by Liberal National Party Senator [Matthew Canavan](https://theyvoteforyou.org.au/people/senate/queensland/matthew_canavan) that asked for the Labor Party "to support legislative amendments to close legal loopholes being exploited by green groups".- The majority voted against a [motion](http://www.openaustralia.org.au/senate/?id=2015-11-11.134.1) introduced by Liberal National Party Senator [Matthew Canavan](https://theyvoteforyou.org.au/people/senate/queensland/matthew_canavan) that asked for the Labor Party "*to support legislative amendments to close legal loopholes being exploited by green groups*".
- ### Motion text
- > *That the Senate—*
- > *(a) notes:*
- >> *(i) the importance of a robust and clear legal system that allows for timely [judicial review](https://en.wikipedia.org/wiki/Australian_administrative_law#Judicial_review) and certainty for investors and the community alike,*
- >> *(ii) that the [latest legal challenge](http://www.acfonline.org.au/news-media/media-release/acf-challenge-approval-adani-coal-mine) brought by the Melbourne-based [Australian Conservation Foundation](http://www.acfonline.org.au/about-us) to the development of the [Galilee Basin](https://en.wikipedia.org/wiki/Galilee_Basin) is another cynical attempt to abuse due process,*
- >> *(iii) that ongoing green law-fare is holding Queensland families to ransom, and jeopardising Australia's reputation as a place to do business, and*
- >> *(iv) that rather than protecting the environment, the replacement of the Galilee Basin's lower-emission coal by higher-emission coal from other countries could instead cause an increase in global emissions; and*
- > *(b) calls on the Australian Labor Party to support legislative amendments to close legal loopholes being exploited by green groups.*
- ### Background to the motion
The "legislative amendments" mentioned in the motion refers to the [Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5522). That bill attempts to remove the right of groups involved in environmental protection, conservation or research to challenge government decisions made under the [Environment Protection and Biodiversity Conservation Act 1999](https://en.wikipedia.org/wiki/Environment_Protection_and_Biodiversity_Conservation_Act_1999) (EPBC Act).- The "*legislative amendments*" mentioned in the motion refers to the [Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5522). That bill attempts to remove the right of groups involved in environmental protection, conservation or research to challenge government decisions made under the [Environment Protection and Biodiversity Conservation Act 1999](https://en.wikipedia.org/wiki/Environment_Protection_and_Biodiversity_Conservation_Act_1999) (EPBC Act).
- If that bill is passed, then groups like the Australian Conservation Foundation wouldn't be able to challenge the legality of Government decisions like the one to approve the proposed [Carmichael mine](https://en.wikipedia.org/wiki/Carmichael_coal_mine) in the Galiliee Basin.
Note that the bill doesn't just stop "green groups" from bringing actions like these, but any group involved in environmental protection, conservation or research, which is why farming groups also oppose it (see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1516a/16bd037)).- Note that the bill doesn't just stop "*green groups*" from bringing actions like these, but any group involved in environmental protection, conservation or research, which is why farming groups also oppose it (see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1516a/16bd037)).
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senate vote 2015-11-11#1
Edited by
mackay staff
on
2015-11-26 15:17:00
|
Title
Motions — Legal System- Motions - Legal System - Stop environmental groups from challenging government decisions
Description
<p class="speaker">Matthew Canavan</p><p>I move:</p><p class="italic">That the Senate—</p>- The majority voted against a [motion](http://www.openaustralia.org.au/senate/?id=2015-11-11.134.1) introduced by Liberal National Party Senator [Matthew Canavan](https://theyvoteforyou.org.au/people/senate/queensland/matthew_canavan) that asked for the Labor Party "to support legislative amendments to close legal loopholes being exploited by green groups".
- ### Motion text
- > *That the Senate—*
- > *(a) notes:*
- >> *(i) the importance of a robust and clear legal system that allows for timely [judicial review](https://en.wikipedia.org/wiki/Australian_administrative_law#Judicial_review) and certainty for investors and the community alike,*
- >> *(ii) that the [latest legal challenge](http://www.acfonline.org.au/news-media/media-release/acf-challenge-approval-adani-coal-mine) brought by the Melbourne-based [Australian Conservation Foundation](http://www.acfonline.org.au/about-us) to the development of the [Galilee Basin](https://en.wikipedia.org/wiki/Galilee_Basin) is another cynical attempt to abuse due process,*
- >> *(iii) that ongoing green law-fare is holding Queensland families to ransom, and jeopardising Australia's reputation as a place to do business, and*
- >> *(iv) that rather than protecting the environment, the replacement of the Galilee Basin's lower-emission coal by higher-emission coal from other countries could instead cause an increase in global emissions; and*
- > *(b) calls on the Australian Labor Party to support legislative amendments to close legal loopholes being exploited by green groups.*
- ### Background to the motion
- The "legislative amendments" mentioned in the motion refers to the [Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5522). That bill attempts to remove the right of groups involved in environmental protection, conservation or research to challenge government decisions made under the [Environment Protection and Biodiversity Conservation Act 1999](https://en.wikipedia.org/wiki/Environment_Protection_and_Biodiversity_Conservation_Act_1999) (EPBC Act).
- If that bill is passed, then groups like the Australian Conservation Foundation wouldn't be able to challenge the legality of Government decisions like the one to approve the proposed [Carmichael mine](https://en.wikipedia.org/wiki/Carmichael_coal_mine) in the Galiliee Basin.
- Note that the bill doesn't just stop "green groups" from bringing actions like these, but any group involved in environmental protection, conservation or research, which is why farming groups also oppose it (see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1516a/16bd037)).
<p class="italic">(a) notes:</p><p class="italic">(i) the importance of a robust and clear legal system that allows for timely judicial review and certainty for investors and the community alike,</p><p class="italic">(ii) that the latest legal challenge brought by the Melbourne-based Australian Conservation Foundation to the development of the Galilee Basin is another cynical attempt to abuse due process,</p><p class="italic">(iii) that ongoing green law-fare is holding Queensland families to ransom, and jeopardising Australia's reputation as a place to do business, and</p><p class="italic">(iv) that rather than protecting the environment, the replacement of the Galilee Basin's lower-emission coal by higher-emission coal from other countries could instead cause an increase in global emissions; and</p><p class="italic">(b) calls on the Australian Labor Party to support legislative amendments to close legal loopholes being exploited by green groups.</p> <p class="speaker">Larissa Waters</p><p>I seek leave to make a short statement.</p> <p class="speaker">Stephen Parry</p><p>Leave is granted for one minute.</p> <p class="speaker">Larissa Waters</p><p>This is another embarrassing attempt by Senator Canavan, who seems to have neglected to realise that Minister Hunt has made yet another error in applying the environmental laws that he, as the environment minister, really should be better familiar with. He is now seeking to demonise mums and dads, community members and, in this instance, the Australian Conservation Foundation. It has stood up, gone to the court and said, 'Actually, the minister really shouldn't forget about the climate change impacts on the Great Barrier Reef when he is approving the Southern Hemisphere's largest coal mine.' I am really thrilled and pleased that the ACF has taken this stance. Senator Canavan's notion seems to be that you are only allowed to care about the Great Barrier Reef if you live next door to it. Well, I have news for him: Australians are very proud of our Great Barrier Reef and the 60,000 jobs that it provides, and they want laws to protect it upheld and not ignored by the minister at the behest of the mining industry.</p> <p class="speaker">Matthew Canavan</p><p>I seek leave to make a short statement.</p> <p class="speaker">Stephen Parry</p><p>Leave is granted for one minute.</p> <p class="speaker">Matthew Canavan</p><p>In the time I have available, rather than speak from my own point of view and potentially misrepresent some of the mums and dads, as Senator Waters just mentioned, I might just read a comment from a mum and dad, Carolyn and George Plaisted, who emailed me today. They said, 'Hello Matt. We live in the Galilee Basin and are thoroughly sick of the court hold-ups pertaining to the mines in our area. GVK Hancock have had years of litigation to deal with what has held up the commencement of their mines. The small communities are in limbo. We certainly believe in the right for people to have their say, but for the challenges to be ongoing for years is totally ridiculous. The local figurehead for one of the groups objecting does not even have property in GVK's tenement. Hopefully, both state and federal governments can put a halt to this continuing misuse of our courts, and the development of jobs can begin to become a reality.'</p><p>This motion is about these people. It is about supporting people like Carolyn and George Plaisted in their communities to help them get ahead and to have jobs and development, like the opportunities that all of us in this place have.</p> <p class="speaker">Stephen Parry</p><p>The question is that notice of motion No. 921, moved by Senator Canavan, be agreed.</p><p>The Senate divided. [15:54]</p><p>(The President—Senator Parry)</p><p>Question negatived.</p>
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