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Monday, 18 August 2003
Page: 13806


Senator BROWN (6:21 PM) —There was. The exemption for the purposes of the war was not listed under the public notices on the Environment Australia web site, as are other such exempt actions. I will give you the question again, to put this in context. I asked:

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.

I further asked:

(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.

I asked that original question in June this year, and I wonder why it took some work to find out that in fact the minister had made that decision. In other words, why didn't the minister make that declaration public at the time, and why did the minister make the declaration anyway?

Again, what is the point of this legislation, the EPBC Act? There were enormous concerns about both the environmental and cultural heritage of Iraq at the time. The minister will remember some of the destruction of cultural heritage, which was obvious. It always takes a long while before the environmental impact comes through, but there are great worries about a whole range of things, obviously, when armies are invading a country. I ask why the minister made the exemption. Where do you draw the line? It seems that the exemptions are made domestically for social and economic parameters and that they are made internationally before the war is on and then you protect the site after the war is over—the minister has mentioned Gallipoli a number of times. When does the Australian government get to the stage of believing that it should protect environmental and cultural heritage, particularly of world heritage significance, and make sure that it is protected under all circumstances? After all, there is a 1954 code which says that such places should be protected in times of war.