House debates

Wednesday, 24 September 2014

Committees

Treaties Committee; Report

11:04 am

Photo of Wyatt RoyWyatt Roy (Longman, Liberal Party) Share this | | Hansard source

On behalf of the Joint Standing Committee on Treaties, I present the committee's report entitled Report 143: Treaties tabled on 17 June and 15 July 2014.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—The report I have just presented contains the committee's view on five treaties tabled on 17 June and 15 July 2014, including an economic cooperation treaty with Papua New Guinea, three treaties amending bilateral treaties for the protection of migratory waterbirds and an amendment to Australia's free trade agreement with New Zealand.

The Treaty on Economic Cooperation between the Government of Australia and the Government of the Independent State of Papua New Guinea will change the focus of Australia's relationship with Papua New Guinea from development assistance to a trade partnership. Papua New Guinea has experienced a decade of growth that is expected to continue with a significant resource project, PNG Liquefied Natural Gas Project, which is just getting underway. Two-way trade between Australia and Papua New Guinea is worth nearly $6 billion a year and Australia's investment in PNG is worth more than $19 billion a year—equal to Australia's investment in China.

Under these circumstances, it is not surprising that a recent review of the treaty's predecessor, the Treaty on Development Co-Operation between the Government of Australia and the Government of Papua New Guinea, found that our contemporary relationship would be better reflected in a treaty that emphasises economic cooperation rather than development assistance. The new treaty sets out a framework for bilateral cooperation in the areas of trade, investment, business relations and development cooperation. Significant provisions include obligations to support bilateral economic relations; undertakings to improve trade investment and business cooperation; promoting a favourable environment for trade and other economic linkages; providing protection for intellectual property rights and improving cooperation and consultation on sanitary and phytosanitary measures and technical barriers to trade; and supporting increased business links to encourage investment and private sector interaction.

While the proposed treaty changes the focus of the relationship from development to economic cooperation, it will continue to govern our development relationship and it explicitly articulates a shared commitment to the prevention and the detection of fraud. The committee supports this treaty action.

As previously indicated, the report also reviews amendments to three bilateral treaties protecting migratory waterbirds. The bilateral treaties with China, Japan and Korea are part of a network of agreements aimed at protecting wetlands used by waterbirds that migrate from as far away as arctic Siberia to Australia and New Zealand. The migratory route used by these birds is called the East Asian-Australasian Flyway. According to evidence taken by the committee during its inquiry, the flyway is generally in decline. Migratory shorebirds, in particular, are experiencing a significant decline in numbers.

The amendments to these three treaties involve the addition or removal and the amendment of species from the list of species each treaty protects. The amendments reflect improvements in the scientific knowledge about migratory species in the flyway, and species that have been found not to migrate between the treaty parties have been removed while others that have been found to migrate have been added. The remainder of cases reflect advances in the understanding of taxonomy of the species. Given the flyway's declining health, the committee hopes that the treaties will begin to fulfil their intended purpose of protecting species using the flyway. The committee supports these amended treaties.

Finally, the committee reports on a proposed amendment to the Australia-New Zealand Closer Economic Relations Trade Agreement to reflect changes to Australia's media ownership laws concerning foreign investment. The agreement is a comprehensive bilateral free trade agreement covering nearly all goods and services traded between Australia and New Zealand. Both parties to the agreement can nominate exceptions to the requirement for free trade in services by listing those exceptions in an annex to the agreement. One of the exceptions listed by Australia applies the limit on foreign ownership of television and broadcasting services set out in the Broadcasting Services Act 1992. All limits to the foreign ownership of television and broadcasting services were removed from that act in 2007, meaning the exceptions listed in the annex to the agreement do not serve a purpose. The amending treaty action will remove those listings from the agreement. The committee supports this amendment. Report 143 also contains a statement relating to minor treaty action. On behalf of the committee, I commend the report to the House.

11:09 am

Photo of Kelvin ThomsonKelvin Thomson (Wills, Australian Labor Party) Share this | | Hansard source

I rise to support the remarks made by the committee chair and I want to strongly endorse the conclusion in the report of the Joint Standing Committee on Treaties that the health of the East Asian-Australasian Flyway for migratory shorebirds continues to decline. I also want to endorse the committee's hope that the treaties between Australia and China, Japan, and Korea for the protection of migratory birds and their environment will, in the near future, begin to fulfil their intended purpose of protecting species using the flyway.

Migratory shorebirds are truly a miracle. They fly around the world and back each year, yet some of them are no bigger than my hand. But, in flying around the world, they depend on suitable habitat being available when they arrive and at certain feeding spots along the way. They are vulnerable to the disappearance of any of this habitat. If you remove any link in the chain, it guarantees that some will not successfully complete the journey and their numbers will decline. Unfortunately, this has been happening. Coastal development in Australia has been damaging the habitat of migratory shorebirds.

The situation is considerably worse in China and Korea where large areas of coastal land have been reclaimed for various urban developments, with catastrophic impacts on migratory shorebirds. Between 2000 and 2010, more than 40 per cent of the tidal flat area within six key habitat areas in the Yellow Sea was reclaimed. Losses of such magnitude are the key drivers of declines in biodiversity in the intertidal zone of the region. Observed rates of decline of waterbird species of five to nine per cent per year and of up to 26 per cent per year for the critically endangered spoon-billed sandpiper are among the highest of any ecological system on the planet.

I acknowledge the work of the Global Flyway Network who do field work in the Yellow Sea and in Bohai Bay, in particular. It is very distressing to read some of their work, such as their report from May. It says:

Zuidong, an area where we conducted a large proportion of our scanning during our early visits to Bohai, is now flanked by a six-lane highway and building work on reclaimed land is well underway. The small fishing village on the banks of the river is unrecognisable. To the north, birds are almost completely absent from Beipu.

They add, very poignantly, that:

The stretch of mud where we estimated 80 000 Curlew Sandpiper in 2011 no longer exists.

I want to acknowledge the work of BirdLife Australia and people like Paul Sullivan, Sean Dooley and Samantha Vine who are doing their best to save these remarkable little winged adventurers. They are working to get the eastern curlew and curlew sandpiper nominated for listing under the EPBC Act. They also did work to help BirdLife International get the Philippines government to nominate the great knot as endangered.

Reclamation and development of tidal flats in South Korea, where 25 per cent of the global population of great knots used to stop over, has led to dramatic declines. For example, there has been a loss of 90,000 great knots. The birds did not simply move to other sites. The great knots continue through South Korea to Australia's north-west coast. In Australia, there was a 24 per cent decline from 2001 to 2008 in the largest non-breeding site at Eighty Mile Beach. The species is no longer present at some sites along the south coast which it used to visit. Intertidal mud flats in the Yellow Sea have declined by 65 per cent in the last 50 years. Alarmingly, it is predicted that the global population of great knot will halve within four years.

Between 1983 and 2006 across south-eastern Australia, migratory shorebird populations plunged by 73 per cent. In July this year, I wrote to the environment minister, Mr Hunt, referring him to the Save our Shorebirds online petition and asking what the government was doing to establish a wildlife conservation plan for migratory shorebirds and develop a national wetlands policy which takes into account the cumulative effects of multiple threats to Australia's shorebirds. He recently replied to me, and I thank him for that and urge him to continue with this work, such as the draft Wildlife Conservation Plan for Migratory Shorebirds which he said will soon be out for public comment. I also urge the Chinese and Korean governments to do much more to uphold their obligations, and ensure that all remaining shorebird habitat is properly protected so that these plucky little adventurers can continue their epic journeys to the joy of many generations to come.

11:14 am

Photo of Wyatt RoyWyatt Roy (Longman, Liberal Party) Share this | | Hansard source

I move:

That the House take note of report 143.

Photo of Ross VastaRoss Vasta (Bonner, Liberal Party) Share this | | Hansard source

In accordance with standing order 39, the debate is adjourned. The resumption of the debate will be made an order of the day for the next day of sitting.