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Tuesday, 13 September 2011
Page: 5893

Western Australian Offshore Constitutional Settlement

Senator SIEWERT (Western Australia—Australian Greens Whip) (14:48): My question is to the Minister for Agriculture, Fisheries and Forestry, Senator Ludwig. I refer to the section of the North West Slope Trawl Fishery within the 200-metre contour that was transferred to the Commonwealth government during the renegotiation of the Offshore Constitutional Settlement which, until December of last year, has been closed to trawl fishing by legislative instrument in recognition of the ecological sensitivity of the area. Is the minister aware that industry self-regulated closure of this space is about to break down, and can the minister explain the circumstances which have led to the immediate threat of trawling in this area despite the acknowledgement by AFMA of the ecological sensitivity of the area?

Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry, Manager of Government Business in the Senate and Minister Assisting the Attorney-General on Queensland Floods Recovery) (14:49): I thank Senator Siewert for her question about the Offshore Constitutional Settlement arrangements with WA. In the time available anything I do not quite get to I might take on notice. To date there has been improved data which enables better definition of the Offshore Constitu­tional Settlement arrangements in WA. It is important, as I think Senator Siewert has outlined, to resolve the issue using the best available scientific information, and the Commonwealth remains committed to resolving the issue. It can only be resolved, however, through the agreement by both governments—that is, the Commonwealth and the Western Australian governments.

The Parliamentary Secretary for Agriculture, Fisheries and Forestry, Dr Kelly, has been working on this specific issue to gain agreement from the WA government. They are in discussions, which are ongoing at this juncture, but an overlay is that there have been concerns expressed by some stakeholders about the future presence of Commonwealth managed trawlers in shallow waters.

I just need to correct some of the underlying assumptions around the question. The Australian Fisheries Management Authority closed the area of the fishery shallower than 200 metres. That closure was maintained until December 2010 when the area was subject to a voluntary closure, which is due to end on 30 September 2011. At the time the original closure was implemented there were no management measures in place to ensure the sustainable harvest of species found in waters shallower than 200 metres. Since that time the process has provided for complementary management arrangements for the key targeted species. There has been work between both WA and the Australian Fisheries Management Authority. (Time expired)

Senator SIEWERT (Western Australia—Australian Greens Whip) (14:51): Mr President, I thank the minister for his answer and I ask a supplementary question. Minister, you said there were ongoing discussions with the state. The contention in WA is that this area is being allowed to re-open because the state and the Common­wealth have not been able to settle their differences over the boundaries and that this is collateral damage. Could you confirm if that is the true situation and what is status of those ongoing discussions? Is it possible that you can ensure that trawling does not occur in this particular area?

Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry, Manager of Government Business in the Senate and Minister Assisting the Attorney-General on Queensland Floods Recovery) (14:52): I think it is important to recognise that these discussions are ongoing. They are dealing with constitutional settlement arrangements that were finalised some time ago. They are now still in discussion. They were determined under a 1995 Offshore Constitutional Settlement Arrangement between the Australian government and the Western Australia government. I add that they are seeking to reach an agreement as quickly as possible. I am advised—and I think this is the important part—that the appropriate sustainability measures are now in place, even without an agreement with the WA government to amend the boundaries. The Australian Fisheries Management Authority no longer has a basis for maintaining a closure within the area defined by the Offshore Constitutional Settlement Arrangement with Western Australia. (Time expired)

Senator SIEWERT (Western Australia—Australian Greens Whip) (14:53): Mr President, I ask a further supplementary question. Can the minister clarify why AFMA does not have that in place? Is it because the instrument has expired? Would the government consider putting in place a new instrument to ensure that this area remains closed?

Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry, Manager of Government Business in the Senate and Minister Assisting the Attorney-General on Queensland Floods Recovery) (14:53): The Australian Fisheries Management Authority, in consultation with the Western Australian Department of Fisheries, has since reviewed the Western Trawl Fisheries Harvest Strategy and revised the management response for key species to ensure a sustainable harvest and to account for the harvest across both jurisdictions. That work was not done when the voluntary closure was put in place. It has since been done between AFMA and the WA government to ensure the sustainability of the harvest and to account for the harvest across both jurisdictions. This process has provided for complimentary management arrangements for the key targeted species. Ecological risk assessments have been completed for the fisheries to identify any risk to target species, bycatch, threatened and otherwise protected species, habitat and communities. So appropriate measures have been put in place. (Time expired)