Nature Conservation and Other Legislation Amendment Bill 2015

Introduced: 27/10/2015By: Hon Dr S Miles MPStatus: PASSED with amendment
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill rolls back several 2013 changes to Queensland's nature conservation laws to strengthen protection of national parks. It restores 'conservation of nature' as the sole purpose of the Nature Conservation Act 1992, brings back three distinct classes of protected area with their own management rules, and restores the requirement for public consultation before management plans are changed.

Who it affects

Everyone who visits, values or works in Queensland's national parks and protected areas. Directly affects holders of grazing leases on protected areas, Aboriginal traditional owners on Cape York Peninsula, and mining operators using current environmental standards.

Key changes

  • 'Conservation of nature' becomes the sole object of the Nature Conservation Act 1992, taking precedence over other uses
  • Three distinct protected area classes restored: national parks (scientific), conservation parks and resources reserves - replacing the merged 'regional park' category
  • Public consultation restored for changes to management plans under the Nature Conservation Act, Marine Parks Act and Recreation Areas Management Act
  • Regional parks on Cape York Peninsula can be transferred directly to Aboriginal traditional owners as jointly managed national parks without first being revoked
  • Rolling term leases for grazing, agriculture or pastoral use on national parks and nature conservation areas revert to ordinary term leases
  • Expired emergency drought grazing permit powers removed; mining environmental standards sunset extended one year to 31 March 2017

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced27 Oct 2015View Hansard
First Reading27 Oct 2015View Hansard
Committee27 Oct 2015View Hansard

Referred to Agriculture and Environment Committee

Committee Findings
Did not recommend passage

The Agriculture and Environment Committee examined this bill to reverse 2013 amendments to the Nature Conservation Act 1992, reinstating stronger protections for national parks and conservation parks. The committee could not agree on whether the bill should be passed, but made seven recommendations addressing Indigenous involvement in protected area management, conservation park management principles, and the rights of grazing lease holders. The government accepted recommendations 3 through 7 and went further than recommendation 2 by retaining Indigenous involvement in the Act's object rather than moving it to a secondary section.

Key findings (5)
  • The committee was divided on whether the bill should be passed, reflecting disagreement between government and non-government members over the balance between conservation and other land uses
  • The majority of submissions supported reinstating conservation of nature as the sole object of the Act, reversing 2013 changes that added commercial and recreational use objectives
  • Indigenous stakeholders raised concerns about removing references to Indigenous involvement in protected area management from the Act's object, leading the committee to recommend retaining this wording
  • AgForce and grazing lease holders were concerned about the reversion of approximately 78 rolling term leases to term leases, which could narrow their appeal rights on renewal decisions
  • The committee raised fundamental legislative principle concerns regarding the potential impact on Aboriginal tradition and Island custom
Recommendations (7)
  • The committee could not agree on whether the bill should be passed.
  • The committee recommends that wording about the involvement of Indigenous people in the management of protected areas be incorporated into section 5 of the Nature Conservation Act 1992.
  • The committee recommends the bill be amended to require the department to consult with and seek the consent of the landowner of a national park (Cape York Peninsula Aboriginal land) when declaring a special management area.
  • The committee recommends clause 9 be amended to incorporate the wording of section 17(1)(d) into the management principles for a conservation park.
  • The committee recommends clause 17 be amended to remove the reference to national park (scientific) from the definition of prescribed national park.
  • The committee recommends the Minister consider amending clause 27 to require management plan amendments for national park (Cape York Peninsula Aboriginal land) to be prepared jointly with the Indigenous landowner.
  • The committee recommends the Minister consider the rights of agricultural and grazing lease holders regarding their appeal rights over lease renewal decisions.
AI-generated summary — may contain errors
Committee Report5 Feb 2016

Committee report tabled

Second Reading10 May 2016View Hansard

That the bill be now read a second time

Vote on whether to advance the Nature Conservation and Other Legislation Amendment Bill 2015 to consideration in detail, with government supporting and LNP/KAP opposing the bill's restoration of conservation as the act's sole object and reversion of rolling term leases to term leases.

Passed44 ayes – 43 noes2016-05-10

The motion passed.

Show individual votes

Ayes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (43)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
29 members spoke12 support17 oppose
5.37 pmDr MILESSupports

Moved the second reading as Minister for Environment, arguing the bill restores proper protections for national parks by reinstating conservation of nature as the act's primary purpose and reverting rolling term leases to term leases.

We must set a global standard for protecting these places so tourists keep coming here safe in the knowledge that they are visiting a state that appreciates and conserves its natural icons.2016-05-10View Hansard
7.36 pmMr BENNETTOpposes

Opposed the bill as shadow minister, arguing it reverses good LNP policy without offering new solutions, devastates generational farming families by removing rolling term leases, and threatens ecotourism and educational access to parks.

This is devastating to the generational farming families whose livelihoods will be destroyed by an out-of-touch government controlled by extreme ideological views.2016-05-10View Hansard
8.10 pmMr BUTCHERSupports

Supported the bill as a committee member, endorsing the restoration of conservation of nature as the act's primary purpose while continuing to recognise Indigenous involvement in park management.

The conservation of nature needs to be returned as the primary purpose of the Nature Conservation Act so that the purpose of the act is clear.2016-05-10View Hansard
8.15 pmMr DICKSONOpposes

Opposed the bill as former Minister for National Parks, arguing Labor has a poor record of park management and the bill will not deliver any meaningful conservation outcomes while stifling ecotourism opportunities.

This bill will not bring more rangers to look after our protected areas; it will not introduce innovative ways to address weed and pest issues; it will not introduce hero projects to help look after endangered species.2016-05-10View Hansard
8.26 pmMr MADDENSupports

Supported the bill, arguing grazing on national parks causes substantial compaction and erosion to native habitats and is inconsistent with the management principles of national parks.

It is therefore unreasonable to continue to allow cattle to graze in national parks.2016-05-10View Hansard
8.33 pmDr ROWANOpposes

Opposed the bill, arguing it would jeopardise hardworking Queenslanders' rights, reduce Indigenous economic self-determination, and was motivated by Greens preference deals rather than genuine environmental protection.

Unfortunately, this bill has absolutely nothing to do with the protection of our environment. It is more about protecting Greens preference deals in the future.2016-05-10View Hansard
8.41 pmMrs FRECKLINGTONOpposes

Opposed the bill as Deputy Leader of the Opposition, recounting specific farming families like the Lohse, Mayne and Day families whose livelihoods would be destroyed by the removal of rolling term leases.

I wonder how members opposite, like the minister, would feel if I said to them that their home was no longer theirs and part of their business was going to be closed down because the government decided to do so.2016-05-10View Hansard
8.51 pmMrs GILBERTSupports

Supported the bill, arguing that conversion to rolling term leases created incorrect expectations among leaseholders and that the appeal rights are not materially affected by the reversion to term leases.

It is logical that decisions about grazing on these protected areas are made based on contemporary information, not 20 years in advance.2016-05-10View Hansard
9.00 pmMr LASTOpposes

Opposed the bill, citing the potential loss of up to 78 agricultural leases, the importance of cattle for weed control at Cromarty Wetlands, and concerns about sole decision-making power resting with a department head with no right of appeal.

A key component of any management plan is local input from residents, graziers, tourism operators, National Parks staff and local Indigenous groups who live in the area, understand the area and are best situated to provide the necessary advice on how the park should be managed, not some bureaucrat in Brisbane.2016-05-10View Hansard
9.07 pmMr POWERSupports

Supported the bill as acting committee chair, arguing that rolling term leases on national parks were never intended to be automatically extended and that the opposition was misleading farmers about the effect of the changes.

All Queenslanders would believe that to be so.2016-05-10View Hansard
9.19 pmMr ELMESOpposes

Opposed the bill for its retrograde treatment of traditional owners and their economic development opportunities, arguing Indigenous management of country would become a second-order consideration.

I suggest to the minister that an awful lot of what we are talking about tonight has to do with where preferences may go in some inner-city Brisbane seats.2016-05-10View Hansard
9.29 pmMrs STUCKEYOpposes

Opposed the bill, arguing it would reintroduce red and green tape, destroy ecotourism opportunities including projects like the Obi Obi zip-line, and remove investment certainty for graziers with rolling term leases.

The removal of the use and enjoyment provisions in the act is a deliberate move to lock up more of our national parks in what could only be seen as a cynical attempt to bargain for Greens preferences and support.2016-05-10View Hansard
9.36 pmMs JONESSupports

Supported the bill as Minister for Tourism, arguing it delivers on an election commitment to make nature conservation central to the act and that the government is continuing to pursue ecotourism opportunities.

There is one side of politics that supports ecological sustainable development, that actually wants to see good, sensible ecotourism products available here in Queensland—and that is the Labor government.2016-05-10View Hansard
9.40 pmMr POWELLOpposes

Opposed the bill, citing the cancelled Obi Obi zip-line ecotourism project in his electorate and the impact on graziers who effectively manage national park land at no cost to taxpayers.

Not only are we destroying those lives, we are losing those jobs and we are losing the resources that they invested in managing those protected areas.2016-05-10View Hansard
9.50 pmMr SAUNDERSSupports

Supported the bill, focusing on amendments to the Aboriginal Land Act that will streamline the process of converting regional parks on Cape York Peninsula to jointly managed national parks with traditional owners.

This park is 544,000 hectares in size and is owned by an Aboriginal land trust representing over eight clan groups and associated families.2016-05-10View Hansard
9.53 pmMr MILLAROpposes

Opposed the bill, recounting how the organically certified Mayne family grazing operation at Goathlands near Carnarvon National Park would be devastated, losing sustainable grazing practices that also manage fire risk and feral pests at no cost to taxpayers.

With the stroke of a pen, the government is removing opportunities for well-qualified, organically certified young grazing families to expand.2016-05-10View Hansard
10.02 pmMr PERRETTOpposes

Opposed the bill, declaring a personal interest as a director of a company holding grazing leases over state land, and recounting how a previous Labor government illegally tried to terminate his lease before the Supreme Court intervened.

I challenged the senior department of environment officers who were present to tell me what was in our grazing lease area that required special protection ... Guess what? There was not one scrap of scientific evidence—not one study.2016-05-10View Hansard
10.12 pmMs HOWARDSupports

Supported the bill, arguing that hardship grazing on national parks is not sustainable or equitable and that drought assistance programs worth over $52 million provide more effective support for affected farmers.

It is therefore appropriate and much more equitable for farmers affected by drought to be supported through these mechanisms rather than grazing in national parks.2016-05-10View Hansard
10.17 pmMs BATESOpposes

Opposed the bill, recounting how a preference deal between the Beattie government and the Greens led to the buyout and lockup of the Springbrook community, and arguing the bill repeats this destructive approach.

What was then a thriving mountain community that relied on the tourism dollar to keep the wheels of local commerce turning had been secretly bought up and locked away before people's eyes.2016-05-10View Hansard
10.22 pmMr de BRENNISupports

Supported the bill as Minister for Housing, arguing it returns nature conservation to its rightful place as the act's sole object, ends the previous government's open-slather approach, and secures the value of world-class natural assets.

Queenslanders should feel assured that their government is acting as a steward and a guardian for those parks, not searching for ways to exploit them.2016-05-10View Hansard
10.29 pmMr COSTIGANOpposes

Opposed the bill as a jobs-destroying measure disguised as green payback, citing the poor state of Homevale National Park and the importance of agriculture and ecotourism to the Whitsunday region.

This is nothing more than a jobs-destroying bill disguised as some sort of payback for the extreme green movement.2016-05-10View Hansard
10.39 pmMs LINARDSupports

Supported the bill for delivering on the government's commitment to provide national parklands with proper safeguards, highlighting the Boondall Wetlands' international significance as a Ramsar-listed site.

We who have stewardship of those precious natural resources today must protect them for our children and the Queenslanders of tomorrow.2016-05-10View Hansard
10.44 pmMr CRIPPSOpposes

Vigorously opposed the bill, arguing that making conservation the sole objective is a dreadful step backwards and that denying leaseholders rolling term lease renewal rights and appeal mechanisms is unjust and callous.

It is completely counterintuitive to punish these leaseholders for having done nothing wrong. In fact, by definition, because the land has enduring conservation value, they have been doing everything right.2016-05-10View Hansard
10.54 pmMs FARMERSupports

Supported the bill, defending the right of inner-city constituents to care about national park conservation and listing numerous parks she has personally visited and treasures.

Do not tell me and the people I represent that we do not have the right to aspire to have a better place for ourselves and our children.2016-05-10View Hansard
11.02 pmMr SORENSENOpposes

Opposed the bill, arguing it would harm tourism on Fraser Island and in Hervey Bay where unemployment is around 11 per cent, and that national parks need proper management plans and ecotourism rather than being locked up.

If you do not have a good environment and you do not have a good economy, it is pretty hard. You have to have both.2016-05-10View Hansard
11.14 pmMr PITTSupports

Supported the bill as Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships, focusing on amendments to the Aboriginal Land Act that streamline the Cape York Peninsula Tenure Resolution Program.

The program to date has resolved tenure on significant properties on Cape York Peninsula including the transfer of 16 existing national parks to joint management with traditional owners.2016-05-10View Hansard
11.18 pmMr KRAUSEOpposes

Opposed the bill, arguing it sends a poison pill to the tourism industry and all industries, citing the neglect of national parks under previous Labor governments and the need for ecotourism development opportunities.

If there was ever a need to see more evidence of the arrogance of this government, and in particular the Minister for Tourism, I think we saw it here tonight.2016-05-10View Hansard
11.26 pmMr KNUTHOpposes

Opposed the bill, arguing it could lock out sporting groups, schools and small businesses from publicly owned parks and takes away the right of appeal for longstanding landowners.

I remind the House that Wayne Goss won a massive majority and it appeared absolutely impossible that he would ever lose government. Then he made a decision to kick the fishermen out of the national parks.2016-05-10View Hansard
11.29 pmMr KATTEROpposes

Opposed the bill while commending the minister for retaining Indigenous involvement, arguing that practical land management including limited grazing can provide a net environmental benefit and that the existing framework can achieve the government's goals.

I think there are a lot of misconceptions that are driving this bill. I think the things the government wants to achieve can be achieved through the existing framework and can be managed responsibly, more practically and more cost effectively.2016-05-10View Hansard
In Detail10 May 2016View Hansard
Opposition amendmentDefeated

Amendment to clause 4 to retain ecotourism activities, social and cultural use of protected areas, and access to protected areas for educational purposes as objects of the Nature Conservation Act.

Moved by Mr BENNETT

That the amendment be agreed to

Opposition amendment (Mr Bennett) to retain ecotourism activities, social and cultural use, and educational access as objects of the Nature Conservation Act alongside conservation of nature. Defeated 43-44.

Defeated43 ayes – 44 noes2016-05-10

The motion was defeated.

Show individual votes

Ayes (43)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)
Government amendmentPassed

Amendment to clause 4 to retain the involvement of Indigenous people in the management of protected areas as part of the object of the act, alongside the conservation of nature.

Moved by Dr MILES
Opposition amendmentDefeated

Proposed omission of clause 5 to retain the broader purposes added to the object of the act by the previous LNP government, including community use and enjoyment of protected areas.

Moved by Mr BENNETT

Vote on a clause

Vote on whether to keep clause 5 which removes additional purposes that had been added to the object of the Nature Conservation Act by the previous LNP government, including community use and enjoyment of protected areas. Government prevailed 44-43.

Passed44 ayes – 43 noes2016-05-10

The clause was kept in the bill.

A vote on whether a specific clause should remain in the bill as written.

Show individual votes

Ayes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (43)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Government amendmentPassed

Amendment to clause 9 to add educational and recreational activities and ecologically sustainable commercial use (including fishing and grazing) to the management principles for conservation parks.

Moved by Dr MILES
Opposition amendmentPassed

New clauses 14A and 14B to remove the requirement for consent of the Nature Conservation Act chief executive when extending rolling term leases on protected areas, leaving only the Land Act minister's decision.

Moved by Mr BENNETT

Vote on a motion

Opposition amendment (Mr Bennett) to retain ecotourism activities, social and cultural use, and educational access as objects of the Nature Conservation Act, rather than making conservation of nature the sole object. Defeated 41-45.

Defeated41 ayes – 45 noes2016-05-10

The motion was rejected.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

Show individual votes

Ayes (41)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (45)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Katter(Katter's Australian Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Knuth(Katter's Australian Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)
Government amendmentPassed

Amendments 4 and 5 to clause 17: requiring consent of Indigenous landholder before declaring a special management area on Cape York Aboriginal national park land, and removing national park (scientific) from the definition of prescribed national park.

Moved by Dr MILES
Government amendmentPassed

New clause 27A requiring management plan amendments for Cape York Aboriginal national parks and Indigenous joint management areas to be prepared jointly with the Indigenous landholder and be consistent with any Indigenous land use agreement.

Moved by Dr MILES
Government amendmentPassed

Omission of clauses 36 and 37 and the Part 4 heading, removing the now-redundant Environmental Protection Act amendments relating to mining eligibility criteria sunset clause.

Moved by Dr MILES
Opposition amendmentDefeated

Sought leave to move amendment outside the long title to amend the Land Act to remove the requirement for the Nature Conservation Act chief executive's consent when extending rolling term leases on protected areas.

Moved by Mr BENNETT

Vote to grant leave

Opposition (Mr Bennett) sought leave to move an amendment outside the long title of the bill to amend the Land Act to remove the requirement for a second chief executive's consent when extending rolling term leases on protected areas. Leave refused 43-44.

Defeated43 ayes – 44 noes2016-05-10

Permission was refused.

A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.

Show individual votes

Ayes (43)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)
Opposition amendmentDefeated

Proposed omission of clauses 39 to 42 to preserve rolling term leases for agriculture, grazing and pastoral purposes on national parks and nature conservation areas, preventing their reversion to ordinary term leases.

Moved by Mr BENNETT

That clauses 39 to 42 stand part of the bill

Vote on whether to retain clauses reverting rolling term leases for agriculture, grazing and pastoral purposes on national parks and nature conservation areas back to ordinary term leases, which reduces leaseholders' renewal and appeal rights. Government prevailed 44-43.

Passed44 ayes – 43 noes2016-05-10

The motion passed.

Show individual votes

Ayes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (43)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Opposition amendmentDefeated

Amendment to clause 43 to replace the transitional provision with one ensuring rolling term lease extension applications made before commencement are not subject to the Nature Conservation Act chief executive's consent.

Moved by Mr BENNETT
Opposition amendmentDefeated

Amendment to clause 2 (commencement) to bring the bill's effects into force immediately on assent rather than being delayed until 1 July 2016.

Moved by Mr BENNETT
Government amendmentPassed

Amendment to clause 2 (commencement) to add new clause 27A (Cape York Aboriginal national park management plan requirements) to the list of provisions commencing on 1 July 2016.

Moved by Dr MILES
Government amendmentPassed

Amendment to Schedule 1 to add 'resources reserve' alongside 'conservation park' in a minor consequential amendment.

Moved by Dr MILES
Third Reading10 May 2016View Hansard
Royal Assent25 May 2016

Sectors Affected

Classified using AGIFT/ANZSIC Australian government standards