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09 March 2022

Mr GAFFNEY (Mersey) - Mr President, previously I spoke about my support for the adjournment debate regarding this bill. I hoped that might have transpired, but it is not the case.

It is important to note the terms of the reference for that inquiry -

To inquire into and report on the planning, assessment, operation and regulation of finfish farming in Tasmanian, with particular reference to:

(1) The implementation of the Sustainable Industry Growth Plan for the Salmon Industry and its impact on commercial finfish farming operations and local communities, including:

(a) data collection and publication;

(b) progress in the development of an industry wide biosecurity plan;

(2) Application of the Marine Farming Planning Act 1995 relating to:
(a) preparation and approval process for marine farming development plans, including modifications and amendments to marine farming development plans;

(b) allocation of leases, applications for and granting of leases;

(c) management of finfish farming operations with respect to the prevention of environmental harm;

(3) Any other matter incidental thereto.

I therefore fail to see where the bill we have in front does not encroach on some of those issues and some of those terms of reference. Whilst the bill helps to focus on a particular aspect of the aquaculture industry, it seems ill-advised to have that debate without all the information on the table.

I will not be in a position to debate the bill in the Committee stage, as I feel uncomfortable with my involvement, because I feel somewhat constrained. Whilst being a member of the committee inquiry, I make no personal comment or assessment of the committee's work nor its relationships with the aforementioned research bill now before us.

However, I believe it is important and proper for me to place on the record the concerns expressed by many Tasmanians about this bill.

I am quoting from those people I have received information from.

I am writing about an issue that I think is extremely urgent and vital. For context, I have never been involved in any type of environmental issues previously, and never voted for Greens. I hope that demonstrates how strongly I feel about salmon farming coming to the north-west! I am writing to you to urge you to vote against the Living Marine Resources Management Amendment (Offshore Aquaculture Research) Bill 2021 this week. I have been researching this and I have seen videos and stories from real ordinary Tasmanians who live near salmon farms, have seen first hand what they do - noise, lights, pollution on shore from debris, horrible impact on waterways. It feels like the Government is trying to sneak this through and the north west is the place to suffer. Why should we put up with this? Our beautiful pristine waters just so someone can make some more money - using our natural resource that belongs to all of us.

Next person:

I am writing to you as a resident of Wynyard and former resident of Hobart to urge you to please safeguard the future of Tasmania's marine environment and coastal communities. … It is heartbreaking - and mind boggling! - to think Tasmania is so hell bent on trashing its 'clean, green and pristine' image so thoroughly for an industry that employs so few locals and funnels its profits offshore!

For the record, Mr President, I cut down a lot of the material I have received; I am giving some examples. Some people say this is purely an enabling bill for research. Some people in our community do not believe that is the case.

… I am financially stable, am a professional consultant and I am not moving home because things haven't worked out on the mainland. It is a conscious choice for a better life for my family. Yet I am absolutely heartbroken to know that the Tasmanian government is set to allow this abhorrent industrial scale disregard for its natural assets to eek its way into the pristine North West waters. Waters that, like the Channel once was, are full of life, full of recreational activities that sustain communities and keep people out and about, active and participating in healthy communities. Industrial fish farming will kill this community and its natural vitality - both on and offshore, just as it has done elsewhere. And the industrial fish farming companies won't give a damn about it. PLEASE - vote against the Living Marine Resources Management Amendment (Offshore Aquaculture Research) Bill 2021 this week.

Next one:

I am writing to you to express my anger and disgust at the Government's approach to rush this bill through and begin fish farming off the north-west coast, starting with Burnie.

Can you please present our family's fears regarding this toxic waste- producing industry off our shores at your meetings this week? We live in Sisters Beach and there is outrage across the board. Forget the rubbish about creating jobs. Tasmania's environment is slowly being ruined by the Government. They won't ever get our votes again.

Next one:

I have attended meetings organised by people from various backgrounds, including local fishermen who are opposed to the expansion of fish farming in Bass Strait. I do hope you give careful consideration to the bill before the Legislative Council that will allow this pen 'trial' in Commonwealth waters.

As I see it, the trial is just the first of many pens that will litter our beautiful coastal environment. The big corporate businesses that will manage this expansion (the Tasmanian Government has no history of dutiful regulation) have shown little interest in the local communities and in environment affected by fish farming.

Another person:

I urge you to consider the ramifications this bill will have on our pristine waters off Bass Strait. To date, marine farming in this state has been diabolical for our waterways, our coastlines and our native fishing grounds.
Bass Strait is like a bathtub. As a tourism operator running two businesses in Tasmania's best tourism town, Stanley, I implore you to say no to this amendment. As my 21-year-old son, William, so eloquently said, "we will just be a rock in slop".

This bill does little to engender public confidence. It lacks detail and scale and given our tragic history of marine farming in this state, makes me fear for both mine and my fellow tourism colleagues' futures.

Another one from the area:

Speaking as a young local from Circular Head who is firmly invested in the future of the community, I stand absolutely opposed to the development of marine-based salmon farms in Tasmania, and am even more zealously opposed to the notion of one festering itself on the north and north-west coast. Both the short- and long-term effects caused by the presence of a salmon farm in the Bass Strait will be apocalyptic to not only the ecology of the local area, but the economy as well. The development of a salmon farm in the region is entirely unfeasible due to the unique geomorphology and topography of the Strait, blight produced by this industrial-scale tumour will not be able to escape the effective bathtub that is the Strait, making areas like Stanley, one of the top three tourism locations in the country, nothing more than a rock in slop.

… To pretend the jobs offered by these traditionally exploitative multi-national cysts will in any way equate to the business and economic stability lost by their apostemation into the area, beggars belief. The beaches and oceanside businesses will suffer intensely, alongside trade relying on the natural waterways such as fishing.

Another one:

I wish to voice my deep concern for our pristine environment. The possibility of there being increased salmon farming in Bass Strait is alarming. The proposed site 6 kilometres off Burnie, may not be seen from shore, but its effects will be.

The already established salmon feedlots in the S.E. of the state have changed the environment of the water and the vegetation along the shores. The combination of fish excrement and waste from the nutrients fed to them cause green algae, sludge, and decrease the availability of native fish for both recreational and commercial fishers. The accompanying industrial activity of washing the fish and processing, has unacceptable noise and light pollution to nearby communities.

Mrs Hiscutt - I do apologise for interrupting you because I know the member for Mersey does not like it, but these letters are talking about commercial finfish farming.

Mr GAFFNEY - Excuse me, I do not accept the interjection. I explained quite clearly why I was putting this on the record and I would like the Leader to cease. I do not think the Leader's assessment of what this bill is, is actually accurate:

There are little known reefs in Bass Strait and one in particular is off Rocky Cape where a recent study of the biodiversity has been undertaken. It seems there are increased species due to the small amount of sea warming already happening.

Bass Strait has a unique water flow. There are strong currents flowing down both the east and west coast which hold the water from the strait in place, not allowing water to flow through from one end out the other. It is virtually a basin where water is sloshed from side to side so that any algae and detritus which is put out in massive amounts daily from each pen will wash up on Tasmanian and Victorian shores. There will be a lot of unhappy people on the north-west coast if these research pens go ahead - recreational fishers, divers, swimmers, people who just love to spend time on their local beach, and whole small towns where processing boats will be based.

I know for sure that (some Members) remember the yellow, orange, red and foamy oceans that you needed a peg on your nose when driving past, and you would not think about going for a dip in it. Some 20 or 30 years later after The Acid Plant, Tioxide and The Pulp have closed and the environment has recovered from the polluting legacies, the last thing we want is another toxic industry wrecking our environment again. Please doesn't anyone toe the party line and say it's a great industry and regulated etc. as I have been around long enough to know if you want to know what's going on, go to the coal face and find out, don't ask the people with vested interests.

I would urge you all to talk with local fisherman, divers and recreational users to hear about the positive changes being witnessed in the waters of Bass Strait. King George Whiting have been a rare fish to catch up until recent times but fishermen are now catching them in good quantities, there are many stories like this.

Another:

I am writing to you out of deep concern to urge you to safeguard the future of Tasmania's marine environment and coastal communities by voting against the Living Resources Management Amendment (Offshore Aquaculture Research) Bill 2021 this week.

We have a unique lifestyle in Tasmania, the most beautiful pristine coastal waters and beaches and to put all this at risk without due public consultation and before the above enquiry is completed is not good practice.

I note that there are no appeal rights for the public with regard to licences.

Sadly for most of us who enjoy our beaches/coastal pursuits, the Tasmanian government has a history of unequivocally backing the salmon industry, refusing to hear or acknowledge public feedback, and has a clear vested interest in these developments. In view of this I strongly believe that in the best interests of we the coastal inhabitants of Tasmania, are concerned that the Tasmanian Government NOT be designated the sole regulator of offshore salmon industry.

A note from me here, Mr President, it is important to understand whilst they believe an adequate consultation period has been adopted for this bill, there are obviously a lot of people in our community who do not believe that to be the case because:

(1) They may misunderstand the bill.

(2) Once they have read the bill they do not want to go down that path.

The Tasmanian Upper House Finfish Inquiry has not been delivered yet. No expansion of the industry, even for research, must be allowed while this inquiry is yet unresolved, recommendations received and enacted upon. The mere fact that this bill is being considered under the circumstance that the inquiry is yet to be resolved, gives the public reason to lose faith in parliamentary process.

With the UN launching a legally binding plastics treaty in 2024, a plastics heavy industry such as aquaculture MUST NOT be installed in the Bass Strait. The fish farms in the south shed plastic to the count of 90 cubic tonnes per year (official report from the industry 2021). The tidal flow of the Bass Strait plus the migration and nursery habitats of a variety of species of whales make this a highly dangerous prospect to wild life, and vessel navigation.

The Tasmanian government must not be designated the sole regulator of offshore salmon given its history of unequivocally backing the salmon industry, refusing to hear or acknowledge any feedback and having a clear vested interest in these developments.

The installation of a finfish aquaculture industry in the Bass Strait will attract large number of apex predators, which will be drawn to the cages, and then deterred by farm workers. This will be occurring in the native habitat of the penguin population along the north coast, which is already living with the highly urbanised coastlines of Burnie and Penguin and Stanley. This animal is highly vulnerable to plastic pollution, with chicks often starving in highly polluted areas after being fed plastic waste by their parents.

There has not been adequate community consultation, and as a resident in the South, confidence that appropriate consultation will be carried out is very low.

The proposed amendments to the EBPC Act in 2020 did not pass the upper House in Canberra, as senators KNEW THE DANGER of allowing State Governments powers of approval when it comes to big industry and environment. Clearly state interests are vulnerable to industrial persuasion and a failure to regulate industry properly in the Bass Strait would lead to regrettable outcomes.

Waters in and around Tasmania are the fastest warming in the world. Atlantic salmon requires temperatures of below 12 degrees to remain healthy. This species will not thrive, and will be costly to maintain survival as the Bass Strait heats up, even at 6 kilometres off shore over summer months. The Strait is shallow and flanked by islands and shelves. The water does not flush from the region entirely, and thus maintains higher temperatures.

Research into offshore salmon production must not proceed. The push for offshore fish farm factories in Commonwealth waters amounts to a massive sea grab. This new technology will mean a larger scale industry, automation of jobs and all the same issues with coastlines on a larger scale.

The Tasmanian Government must not be designated the sole regulator of offshore salmon given its history.

… The Australian Institute polling last year showed that 63% of Tasmanians believed that salmon farm expansions in Tasmania should be paused and 63.5% were concerned that the health of Tasmania's coastal waters is declining. 40% of those polled were Liberal voters and 27.4% were Labor voters.

… I am writing to ask that you oppose the bill that is designed to allow the Tasmanian Salmon Industry to expand into Commonwealth waters. I understand the first step salmon fish pen farming 'trial' by the Blue Waters CRC to be conducted 6 nautical miles off Burnie and that the trial will be conducted under Tasmanian Government oversight and regulation. This is a travesty as the Tasmanian Government has proven itself inept at managing the salmon industry, with a decision making process heavily in favour of the salmon industry and not the people of Tasmania or Tasmania's marine and coastal environment.

There is little doubt that the plan is for Bass Strait to become an expansion zone for salmon farms. In addition to the leases already granted and the planned coastal expansion from Penguin to Three Hammock Island (as recommended by IMAS) it will mean that the north coast of Tasmania is set to be flooded by the salmon industry, changing the very nature of our coastal villages and lifestyle, desecrating our wild fish hatcheries and despoiling our beaches and estuaries.

It is said that this is to be a trial, but history has shown the damage to the environment and marine life where these farms have been, which should be a good indication to the effect this would have. There has been little or no public discussion on this, and it must not go ahead under what is understood to be the present conditions which are rather vague. People must be allowed to have a voice and be heard. Bass Strait is a lovely stretch of water and should be kept that way without pollution or obstruction. Why would this be approved as it would benefit only a few with employment, and add to the greed of the producers. That's not a good enough reason to give this the green light to go ahead. Please, I urge you to vote against this proposal, until at least the public can be heard and the Fishfin Enquiry is completed.

I felt some of these concerns were addressed in the other place and some amendments were put forward which I thought were of value and it should be read into this place also, so people listening can understand what those amendments were.

(a) the bill does not provide for public consultation, or appeal rights, in relation to the issuing of a permit; and

(b) the bill does not place explicit limitations in relation to duration, biomass, or deriving profit from research activities; and

(c) the bill does not explicitly require the recording, and public reporting, of environmental impact data; and

(d) the bill does not provide for public reporting of permit conditions; and

(e) the bill does not provide for assessment by the Marine Farming Planning Review Panel; and

(f) the bill does not address significant flaws in the existing regulatory regime.

I am going to give a summary of this paper presented. I have not had a chance to fully read it so I am not going to read it all in. I will read the summary because that is important. I apologise to the people who have just sent it to me prior to this:

There are a number of provisions within the Living Marine Resources Management Amendment (Aquaculture Research) Bill that allows scope for Ministerial discretion to permit marine fish farming for research purpose without a comprehensive outline of the consultation processes. The Bill lacks definition of 'research' and specificity around the scope of approving permits. The amendment to s12 allows the Minister discretion to permit marine fish farming research to be conducted which may also allow for unspecified commercial financial returns. It is not clear from the amendment the scope of what can be considered as research purposes. This may need to be further investigated.

Further, it may be necessary for the Tasmanian government to clarify how far the authority of Tasmanian legislation expands into the management of marine fish farming research in the Commonwealth jurisdiction. The amendments imply a transfer of powers without significant Commonwealth collaboration or oversight.

Mr President, I put those few words on record because it is important to understand there are people in our community with a point of view. Unfortunately, I will not be in a position to debate each of the sections when we go to the Committee stage, because of the conflict I believe could arise. I do not want to jeopardise the work of the subcommittee in this inquiry.

Living Marine Resources Management Amendment (Aquaculture Research) Bill 2021

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Thanks for submitting!

The Hon Michael Gaffney (MLC)

INDEPENDENT MEMBER FOR MERSEY

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Acknowledgement of Country

​I acknowledge the Tasmanian Aboriginal people as the traditional owners

of this land and pay my respects to Elders past and present. 

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