Senator O'BRIEN (12:30 PM) —I accept Senator Allison's assurance that the difference between 3150 and 3151 is minor. I take it that means that it is not a substantial change to the position that was presented in the amendment dated 27 October, and therefore I am confident that my riding instructions, such as they are, are still valid for the varied amendment.

In terms of the Democrat amendment, when this matter was before the chamber we were confronted with two amendments which had been drafted on the same day as and possibly even contemporaneously with the conduct of the debate. Certainly, the opposition were not comfortable with shooting from the hip, as it were, with regard to those amendments. We wanted the opportunity to understand the full impact of those amendments and consider their ramifications.

Labor agrees with the general premise that seismic testing and other activities associated with oil and gas exploration should be conducted in an environmentally sensitive manner. We are also of the view that this is an important bill to establish a National Offshore Petroleum Safety Authority to regulate safety in the industry. We take the view that it is not appropriate to pursue both strands of legislative reform with this bill. We are concerned that those who are anxious for the reforms contained in this piece of legislation may see unnecessary further delay in the implementation of the measures contained in the bill if we were to go down the path of pursuing another agenda with this legislation—that agenda being the one created initially by Senator Brown's amendment and, in a slightly different form but going down the same path, by Senator Allison's.

Labor believes that the Petroleum (Submerged Lands) Act and the Environment Protection and Biodiversity Conservation Act already contain significant safeguards for conducting seismic testing for petroleum exploration, which have the potential to adequately protect ecosystems and living species. In addition to provisions in both the acts and in associated regulations and guidelines, the Department of the Environment and Heritage has specific guidelines for offshore seismic operations and their interaction with cetaceans. Companies may also require a whale permit if their activities may interfere with cetaceans in Australian waters—and that may be quite different from the example that Senator Brown referred to involving a naval exercise, so we would see this as a different circumstance. Those guidelines were originally negotiated between the industry, the Department of the Environment and Heritage, the Australian petroleum exploration authority, environmental non-government organisations and the Department of Industry, Tourism and Resources. These guidelines are currently under review.

Under the Petroleum (Submerged Lands) Act and its environmental regulations, companies must also prepare an environment plan prior to undertaking any activity. Environment plans outline any potential impacts and mitigation measures to minimise those impacts. Environment plans are the subject of approval by the relevant designated authority. The resources division of the department is currently drafting a strategic environmental impact assessment. One area considered by the strategic environmental impact assessment is mitigation measures for minimising potential impacts of seismic testing on cetaceans. So there is a significant amount of work being done on the mitigation which is being pursued, as I take it, by the amendments of both the Greens and the Democrats.

In the circumstances, we are not comfortable with throwing these amendments into the mix of a piece of legislation which has another purpose. Doing so may well derail that process. We are keen for the process of investigation to continue and we are keen to see—as far as is possible, given the understanding of the science in the area—that mitigation measures obviate the concerns of the minor parties. Having said that, Labor will not be supporting either of the amendments. Labor believes it is not appropriate in the circumstances to address these environmental matters in relation to this piece of legislation. We will not be voting for these amendments.