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Safer Waterways Bill 2018 Safer Waterways Bill 2018 Report No. 7, 56th Parliament Innovation, Tourism Development and Environment Committee September 2018 Innovation, Tourism Development and Environment Committee Chair Mr Duncan Pegg MP, Member for Stretton Deputy Chair Mr Jon Krause MP, Member for Scenic Rim Members Ms Sandy Bolton MP, Member for Noosa Mr Jason Costigan MP, Member for Whitsunday Ms Cynthia Lui MP, Member for Cook Mrs Charis Mullen MP, Member for Jordan Committee Secretariat Telephone +61 7 3553 6662 Fax +61 7 3553 6699 Email [email protected] Technical Scrutiny +61 7 3553 6601 Secretariat Committee webpage www.parliament.qld.gov.au/itdec Acknowledgements The committee acknowledges the assistance provided by Mr Shane Knuth MP and the Department of Environment and Science. Safer Waterways Bill 2018 Contents Abbreviations iv Chair’s foreword vi Recommendation vii 1 Introduction 1 1.1 Role of the committee 1 1.2 Referral and inquiry process 1 1.3 Policy objectives of the Bill 2 1.4 Private Member consultation on the Bill 3 1.4.1 Stakeholder views 3 1.4.2 Response by the Member for Hill 4 1.5 Should the Bill be passed? 4 2 The current regulatory approach for managing crocodiles 5 2.1 Background to the current regulatory approach 5 2.1.1 Location of crocodiles 5 2.1.2 Conservation status 5 2.1.3 Population monitoring 6 2.1.4 Human crocodile interactions 6 2.1.5 Human crocodile population data 7 2.2 Current regulatory approach for crocodiles 8 2.2.1 Commonwealth/International obligations 8 2.2.2 Queensland’s framework 8 3 Examination of the Bill 10 3.1 Policy objectives of the Bill 10 3.1.1 Stakeholder views 10 3.1.2 Department advice 18 3.1.3 Response by the Member for Hill 18 3.2 Introduction to the Bill 19 3.3 Part 2 – Establishment of a Queensland Crocodile Authority 20 3.3.1 Proposed provisions 20 3.3.2 Department advice 20 3.3.3 Stakeholder views 21 3.3.4 Committee comment 24 3.4 Part 3 – Director of the Queensland Crocodile Authority 25 3.4.1 Proposed provisions 25 3.4.2 Department advice – appointment and administrative powers 25 3.4.3 Stakeholder views 26 3.5 Part 4 – Board of the Queensland Crocodile Authority 26 3.5.1 Proposed Provisions 26 3.5.2 Department advice 27 3.5.3 Stakeholder views 28 Innovation, Tourism Development and Environment Committee i Safer Waterways Bill 2018 3.6 Removal of problem (rogue) crocodiles 28 3.6.1 Current regulatory approach 28 3.6.2 Proposed provisions 30 3.6.3 Department advice 31 3.6.4 Stakeholder views 31 3.7 Crocodile culling and harvesting 36 3.7.1 Current approach 36 3.7.2 Proposed provisions 37 3.7.3 Department advice 38 3.7.4 Stakeholder views 39 3.7.5 Committee comment 45 3.8 Crocodile egg harvesting 45 3.8.1 Background information - provided by the department 45 3.8.2 Proposed provisions 46 3.8.3 Department advice 47 3.8.4 Stakeholder views 47 3.9 Crocodile farming 49 3.9.1 Background 49 3.9.2 Proposed provisions 51 3.9.3 Department advice 51 3.9.4 Stakeholder views 52 3.9.5 Committee comment 55 3.10 Education, training and signage 55 3.10.1 Current approach 55 3.10.2 Proposed provisions 57 3.10.3 Stakeholder views 57 3.11 Part 5 Administration 59 3.11.1 Proposed provisions 59 3.11.2 Department advice 60 3.11.3 Stakeholder views 60 3.12 Part 6 Crocodile Reserves 60 3.12.1 Proposed provisions 60 3.12.2 Department advice 60 3.12.3 Stakeholder views 61 3.13 Part 8 - Regulation (licences, permits and other authorities) 61 3.13.1 Proposed provisions 61 3.13.2 Department advice 62 3.13.3 Stakeholder views 62 3.14 Offences and penalties 63 3.14.1 Proposed provisions 63 3.14.2 Department advice 63 3.14.3 Stakeholder views 64 ii Innovation, Tourism Development and Environment Committee Safer Waterways Bill 2018 4 Compliance with the Legislative Standards Act 1992 65 4.1 Fundamental legislative principles 65 4.1.1 Rights and liberties of individuals 65 4.1.2 Institution of Parliament 71 4.2 Explanatory notes 74 Appendix A – Submitters 75 Appendix B – Public briefing and public hearings 77 Statements of Reservation Innovation, Tourism Development and Environment Committee iii Safer Waterways Bill 2018 Abbreviations 2017 Bill Safer Waterways Bill 2017 2018 Bill/Bill Safer Waterways Bill 2018 ABS Australian Bureau of Statistics AgForce AgForce Queensland Farmers Limited authority Queensland Crocodile Authority CCC Capricorn Conservation Council CITES Convention on International Trade in Endangered Species of Wild Flora and Fauna Conservation Plan Nature Conservation (Estuarine Crocodile) Plan 2007 CYLC Cape York Land Council DEHP former Department of Environment and Heritage Protection DES/department Department of Environment and Science director Director of the Queensland Crocodile Authority EPBC Act Environment Protection and Biodiversity Conservation Act 1999 ECoCeQ Environment Council of Central Queensland EDO NQ Environmental Defenders Office of Northern Queensland Inc. FNQROC Far North Queensland Regional Organisations of Councils Gecko Gecko Environment Council ITDEC/committee Innovation, Tourism Development and Environment Committee LSA Legislative Standards Act 1992 Conservation Plan Nature Conservation (Estuarine Crocodile) Plan 2007 Nature Conservation Nature Conservation (Administration) Regulation 2017 and Regulations Nature Conservation (Wildlife Management) Regulation 2006 NC Act Nature Conservation Act 1992 OQPC Office of the Queensland Parliamentary Counsel Port Douglas SLSC Port Douglas Surf Life Saving Club QCMP Queensland Crocodile Management Plan iv Innovation, Tourism Development and Environment Committee Safer Waterways Bill 2018 QPS Queensland Police Service SLSQ Surf Life Saving Queensland TTNQ Tourism Tropical North Queensland TPDD Tourism Port Douglas & Daintree Tref Townsville and Regions Environment Foundation Wildlife Queensland Wildlife Preservation Society of Queensland WTMP Wildlife Trade Management Plan Innovation, Tourism Development and Environment Committee v Safer Waterways Bill 2018 Chair’s foreword This report presents a summary of the Innovation, Tourism Development and Environment Committee’s examination of the Safer Waterways Bill 2018. The committee’s task was to consider the policy to be achieved by the legislation and the application of fundamental legislative principles – that is, to consider whether the Bill has sufficient regard to the rights and liberties of individuals, and to the institution of Parliament. On behalf of the committee, I thank those individuals and organisations who made written submissions on the Bill. I would also like to thank all the many people who attended and participated in the public hearings on the Bill in Cairns, Townsville, Mackay, Port Douglas and Brisbane. Your contributions were greatly appreciated by committee members. While it was abundantly clear that the issues surrounding crocodile management in Queensland are of significant public interest, the measures proposed by this Bill did not have the support of the majority of submitters nor those who attended public hearings. In particular, the potential for this Bill to allow untrained people to kill crocodiles and also legalise trophy hunting poses a real, serious and completely unacceptable risk to public safety. Furthermore, the ill-conceived restrictions on foreign investment contained in the Bill threaten the viability of the crocodile farming industry and jobs in regional Queensland. The Committee recommends the Safer Waterways Bill 2018 not be passed. The committee greatly appreciated the time taken by Grahame and Giovanna Webb and Peter Freeman to show committee members their farms and to provide invaluable advice. I also thank our Parliamentary Service staff and the Department of Environment and Science. I commend this report to the House. Duncan Pegg MP Chair vi Innovation, Tourism Development and Environment Committee Safer Waterways Bill 2018 Recommendation Recommendation 1 4 The committee recommends the Safer Waterways Bill 2018 not be passed. Innovation, Tourism Development and Environment Committee vii Safer Waterways Bill 2018 1 Introduction 1.1 Role of the committee The Innovation, Tourism Development and Environment Committee (ITDEC/committee) is a portfolio committee of the Legislative Assembly which commenced on 15 February 2018 under the Parliament of Queensland Act 2001 and the Standing Rules and Orders of the Legislative Assembly.1 The committee’s primary areas of responsibility include: • Innovation and Tourism Industry Development and the Commonwealth Games, and • Environment and the Great Barrier Reef, Sciences and the Arts. Section 93(1) of the Parliament of Queensland Act 2001 provided that a portfolio committee is responsible for examining each bill and item of subordinate legislation in its portfolio areas to consider: • the policy to be given effect by the legislation • the application of fundamental legislative principles, and • for subordinate legislation – its lawfulness. 1.2 Referral and inquiry process The Safer Waterways Bill 2018 (Bill/2018 Bill) was introduced into the Legislative Assembly on 21 March 2018 by Mr Shane Knuth MP, the Member for Hill and referred to the committee on 22 March 2018. The committee is to report to the Legislative Assembly by 21 September 2018. On 25 May 2017 Mr Shane Knuth MP, the then Member for Dalrymple introduced the Safer Waterways Bill 2017 (2017 Bill) which contained similar provisions to the 2018 Bill. The 2017 Bill was referred to the Agriculture and Environment Committee with a report due to be tabled by 27 November 2017. The 2017 Bill lapsed when the 55th Parliament was dissolved
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