Senator Brown asked the Minister representing the Minister for the Environment and Heritage, upon notice, on 19 June 2003:

With reference to the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, under which the Australian Defence Force must not take action that has, will have, or is likely to have, a significant impact on the environment anywhere in the world without the approval of the Minister for Environment and Heritage:

(1) Did the Minister provide this approval prior to Australia's war on Iraq; if not, is the Minister aware that the unlawful taking of an action can attract a civil penalty of up to $1.1 million, or a criminal penalty of up to 2 years imprisonment.

(2) If the Minister was notified and gave approval for military action in Iraq by exempting the action under the Act, why is the exemption not listed under the public notices on the Environment Australia website.

Senator Hill (Minister for Defence) —The Minister for the Environment and Heritage has provided the following answer to the honourable senator's question:

(1) and (2) On 25 February 2003, I declared under subsection 28(3) of the Environment Protection and Biodiversity Conservation Act 1999, in the interest of Australia's defence and security, that actions, as deemed appropriate by the Commonwealth Government, undertaken outside the Australian jurisdiction in relation to the training, deployment and operation of members of the Australian Defence Force in the Persian Gulf region in support of any military action against Iraq, are actions to which section 28 of the Environment Protection and Biodiversity Conservation Act 1999 does not apply.

A declaration under section 28 of the Environment Protection and Biodiversity Conservation Act 1999 is not required to be published.

I am aware of the penalty provision associated with the unlawful taking of an action under the Environment Protection and Biodiversity Conservation Act 1999.