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ENVIRONMENT PROTECTION (SEA DUMPING) BILL 1981

Order of the Day read for the adjourned debate on the Question--That this Bill be now read a second time.

Debate resumed.

Question--put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 to 8, by leave, taken together and agreed to.

Clause 9 debated.

Question--That the clause stand as printed--put and passed, all Opposition Senators present, by leave, having recorded their vote for the Noes.

Clause 9 agreed to.

Clause 10 read--

Senator Melzer, by leave, moved the following amendments together:

Page 5, line 5, before ""Where'', insert ""Subject to section 22,''.

Page 5, paragraph (a), lines 7 and 8, leave out the paragraph, insert the following new paragraph:

""(a) are, or is, dumped into Australian waters or into the sea above the continental shelf of Australia or of an external Territory from any vessel, platform or aircraft; or''.

Debate ensued.

Question--That the amendments be agreed to--put and negatived, all Opposition Senators present, by leave, having recorded their vote for the Ayes.

Clause 10 agreed to.

Clauses 11 to 19, by leave, taken together.

Senator Melzer, by leave, moved the following amendments together:

Page 5, clause 11, paragraph (a), line 1 , after ""waters'', insert ""or into the sea above the continental shelf of Australia or of an external Territory''.

Page 5, clause 12, sub-clause (1), line 26, before ""Where'', insert ""Subject to section 22,''.

Page 5, clause 12, sub-clause (1), paragraph (a), lines 28 to 30, leave out the paragraph, insert the following new paragraph :

""(a) is loaded on any vessel, platform or aircraft in Australia or in Australian waters or in the sea above the continental shelf of Australia or of an external Territory for the purpose of being dumped into the sea or being incinerated at sea; or''.

Page 5, clause 12, sub-clause (1), paragraph (b), line 31, leave out ""or Australian aircraft'', insert "", Australian aircraft or Australian platform''.

Page 6, clause 14, sub-clause (1), line 13, before ""This'', insert ""Subject to section 22,''.

Page 6, clause 14, sub-clause (1), paragraph (a), line 14, leave out the paragraph, insert the following new paragraph :

""(a) a vessel or platform in Australian waters or in the sea above the continental shelf of Australia or of an external Territory;''.

Page 8, clause 17, sub-clause (4), paragraph (b), line 40, after ""waters'', insert ""or in the sea above the continental shelf of Australia or of an external Territory''.

Page 10, clause 19, sub-clause (1), line 26, after ""section'', insert ""and to section 22'', Debate ensued.

Question--That the amendments be agreed to--put and negatived.

Clauses 11 to 19 agreed to.

Clauses 20 and 21, by leave, taken together and agreed to.

Clause 22 read--

Senator Melzer moved an amendment, viz: Pages 13 and 14, clause 22, line 19 (page 13) to line 38 (page 14), leave out the clause, insert the following clause:

Radioactive wastes or other matter ""22, (1) The dumping at sea of any radioactive wastes or other radioactive matter, being dumping to which this section applies, is prohibited.

""(2) The incineration at sea of any radioactive wastes or other radioactive matter, being incineration to which this section applies, is prohibited.

""(3) The loading of any radioactive wastes or other radioactive matter for the purpose of being dumped at sea or incinerated at sea, being loading to which this section applies, is prohibited.

""(4) This section applies to dumping at sea and incineration at sea carried out from or by--

(a) any vessel, platform or aircraft in or into Australian waters or in or into the sea above the continental shelf of Australia or of an external Territory; (b) any Australian vessel, Australian aircraft or Australian platform in or into any part of the sea.

""(5) This section applies to loading on or on to--

(a) any vessel, aircraft or platform in Australia or in Australian waters or in the sea above the continental shelf of Australia or of an external Territory; (b) any Australian vessel, Australian aircraft or Australian platform in, or in the territorial sea, of a country that is not a party to the Convention.

""(6) The owner and person in charge of the vessel, platform or aircraft on or from which loading, dumping at sea or incineration at sea in contravention of this section is carried out and the owner of the wastes or other matter so loaded, dumped or incinerated are each guilty of an offence against this section, punishable on conviction by a fine not exceeding--

(a) if the person is a natural person--$50,000; or

(b) if the person is a body corporate--$100,000.''.

Debate ensued.

Question--That the words proposed to be left out be left out--put and negatived, all Opposition Senators present, by leave, having recorded their vote for the Ayes.

Amendment negatived accordingly.

Clause 22 agreed to.

Clauses 23 to 28, by leave, taken together and agreed to.

Clause 29 read--

Senator Melzer, by leave, moved the following amendments together:

Page 16, sub-clause (1), paragraph (c), line 11, after ""waters'', insert ""or in the sea above the continental shelf of Australia or of an external Territory''.

Page 16, sub-clause (4), line 28, after ""waters'', insert ""or in the sea above the continental shelf of Australia or of an external Territory''.

Question--That the amendments be agreed to--put and negatived.

Clause 29 agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

Bill to be reported without amendment.

The President resumed the Chair; and the Chairman of Committees (Senator Maunsell) reported accordingly.

On the motion of the Minister for Social Security (Senator Chaney) the Report from the Committee was adopted, and the Bill read a third time.