National Parks and Wildlife Amendment (Game Birds Protection) Bill



About this Item
SpeakersGlachan Mr Ian; Small Mr James; Whelan Mr Paul; Knowles Mr Craig
BusinessBill, Division, Second Reading, Amendment, In Committee, Third Reading

NATIONAL PARKS AND WILDLIFE AMENDMENT (GAME BIRDS PROTECTION) BILL
Second Reading

Debate resumed from an earlier hour.

Mr GLACHAN (Albury) [10.21]: This bill, which bans the open season of duck hunting in New South Wales, will cost the farmers of southern New South Wales and the economy of this State dearly. The legislation will make it difficult for rice farmers because ducks will be able to breed unrestricted and then descend on rice farms at the critical time and destroy crops. The Minister and the Government seem to believe that they are doing recreational duck shooters a favour by amending the legislation to allow them to obtain a special licence to shoot ducks on rice farms. However, licensed shooters have always had this opportunity. They have always been able, in recent times at least, to get a special licence, which costs about $30, to go onto rice farms at the invitation of the farmers to shoot ducks.

The Minister is not giving shooters anything that they have not had before. Shooters have always been able to obtain a special licence to shoot ducks on rice farms; this is not news to them. But the Minister is taking away from ordinary Australians who enjoy recreational duck shooting the right to an open season on ducks in New South Wales. As a result, an enormous burden will be placed on rice farmers. In her second reading speech the Minister said that open duck season had no noticeable effect on the number of ducks and that banning duck season had nothing to do with conservation; it was simply being done because duck shooting was cruel. Thousands of people in rural New South Wales and in the cities who enjoy outdoor activities, such as fishing, four-wheel driving, camping and canoeing, are extremely worried about what the Government proposes to do in the future to restrict their activities.

The Minister and the Government can give any guarantee they like that they do not intend to restrict other outdoor activities, but I assure them that the people of New South Wales will not believe them. Before the election Labor gave cast-iron guarantees that when it came to government it would not ban duck shooting. It did not take the Government long to do just that, and the people of New South Wales will not forget this betrayal. In future people will not trust the Labor Party on any issue. Thousands of people are bitterly disappointed not so much about the banning of duck season but because Labor has broken another promise. People believed that Labor would keep its promise. However, they have been bitterly deceived and badly let down, and they will not forget it. They will remember this for a long time. The next time that Labor promises, few people will believe them. I am speaking on behalf of thousands of people throughout New South Wales who are concerned about this matter and about what the Government will do next to restrict their recreational activities. People will never believe Labor promises again. I oppose this bill.

Mr SMALL (Murray) [10.26]: All I can say is that Government members have a short memory. I remind them that in 1988 when the previous Labor Government tried to impose heavy restrictions on gun laws Labor lost government. The Government does not realise how serious this matter is. Honourable members should not believe that acceptance of the bill introduced in the upper House on 12 October by the Hon. Richard Jones will cure all the ills. The Minister said that she had spoken to the Sporting Shooters Association and other groups, but she has not spoken to me or other Opposition members. As a rice grower, I am more than prepared to speak to the Minister. All the letters I have written to her have been ignored. The Government should be careful about what it is doing. I shall inform honourable members of a number of areas of concern.

Mr ACTING-SPEAKER (Mr Gaudry): Order! If the member for Ermington and the Leader of the National Party wish to continue to converse, they should do so outside the Chamber. Their constant banter is interrupting the train of thought of the honourable member for Murray.

Mr SMALL: I became a rice grower in 1956; I have been growing rice for 39 years. When rice was first grown in region in which I live it was planted conventionally by seeds being sown into the soil and then watered. The ducks were not such a problem in those days; they could do little damage when the seeds were sown conventionally. With improvements in technology, and as a result of experimentation with pre-germination, since the 1960s seeds have been dropped into water from the air. This method of sowing has attracted the ducks. In close clay surface areas it is difficult to get the
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seeds to grow up through the soil if they are sown conventionally. Under these circumstances we have lifted our game enormously, we are getting far better yields and have increased the tonnage by at least half a tonne to the acre as a consequence of aerial sowing. However, the problem of the ducks has increased also.

The annual open season on ducks, which started in March and went through to May, was a godsend to the majority of rice growers because it reduced the duck population. The Riverina is virtually the only viable rice growing region in Australia. It produces the best yields and the best quality rice in the world. No-one could dispute that. It has been proved that it is one of the most efficient industries in Australia. It earns of the order of $400 million in export terms for the Riverina, New South Wales and Australia. Those who seek to introduce regulations that will jeopardise that income for no reason but to pander to a few selfish people - who are probably unemployed anyway - have missed the point.

On most nights rice farmers have to patrol their crops, and those of their neighbours, to keep the ducks away from the rice. I am disappointed by the attitude of some Government members. They are not treating this matter seriously. I warn them that they will ignore the concerns of rice growers at their peril. Their ignorance will see them thrown out of government. Farmers depend greatly on the services of licensed shooters, who are permitted to come on to rice farms to help farmers control the duck population. Ducks usually fly in at twilight, and even at night - and this is a major problem. Some species of duck are protected. The freckled duck is protected, but the ducks that cause the most problems are the Queensland whistler, the black duck, the teal and the wood duck. The Riverina, one of the greatest wetland regions of Australia, provides a huge breeding ground for ducks. In the region can be found the greatest rivers in Australia: the Murray River; the Murrumbidgee River; the Darling River; Yanco Billabong; Colombo Creek; Edward River; and a whole maze of rivers in the Wakool flood plain.

A tremendous amount of research has been done into controlling ducks. When we switched to aerial application, it was like inviting the ducks to attack. As chairman of a research committee in the Murray Valley I looked at every possible way of controlling ducks. Many farmers do not resort to shooting to deter the ducks from destroying their rice. If one person shoots, the ducks move to neighbouring properties. When the ducks eat the seed they leave shoots of about an inch to an inch and a half long floating in the water.

We even looked at using plastic sheets to deter the ducks. In the 1960s and the 1970s Shirley de Silva from the Department of Agriculture developed a piece of machinery with a flashing or revolving light using a windscreen wiper. That seemed to work during the night hours. Scare guns have changed enormously over time - a carbine gun lets off a blast to scare the birds. The problem is that ducks get used to them. Today we have a double- shot scare gun, which fires a blast just like a double-barrelled shotgun - two blasts in succession. But that is still not successful. We have used sirens and all sorts of means, but there is only one successful way to deter the ducks and that is by shooting them.

The wetlands areas of the Riverina attract the ducks. Because of the valuable rice crops the towns in the region have benefited and employment has increased. The sale of $400 million worth of rice has a tremendous spin-off effect. At Hay fire brigade and ambulance personnel, police, and people involved in search and rescue charge $50 during the open season to shoot on some of the lakes around districts where rice is being grown. The year before last - last year there was no open season - because of the drought these workers raised $28,000, which was donated to the needy organisations and the people of Hay. Quite a magnificent effort.

Honourable members may think that these people are abusing the system. They are not; they are doing a marvellous job. There is virtually no rice grown in any other area in Australia. At Humpty Do the magpie geese absolutely destroyed the rice crops. Even on the Ord River system in Western Australia and in the Burdekin district farmers have had enormous difficulties. The Riverina is one of the most efficient areas. It is one of the world's best producers of quality rice. It is a high yield area. There are about 2,200 rice growers in the region. It is obvious that the Leader of the House thinks this matter is amusing. The attitude of the Government and its members is poor.

Mr Whelan: This is a very serious matter.

Mr SMALL: It is a very serious matter. The bill provides that there will be no open season. Proposed section 98 of the Act refers to endangered species and fauna. It is very difficult at night, when one is trying to control ducks, to know what varieties of ducks are in the crops. The bill seeks to establish a register to identify those licensed shooters who are prepared to go on to a property, with the owners approval, to shoot ducks. Mr Acting-Speaker, I seek an extension of time. [Extension of time negatived.]

Mr SMALL: The Government will be criticised also for not allowing me to speak further on this bill. This Labor Government is on the nose. It is not prepared to listen to someone who has earned a living out of rice growing and who knows a great deal about the industry. I ask the Minister to tell me what will happen to those farmers if the shooters whom they permit to go on to their
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properties shoot a freckled duck or some other protected species of bird. In such circumstances will the farmer be charged by the National Parks and Wildlife Service? Will the shooter be charged? No-one will register in those circumstances.

The farmer knows who he wants on his farm and welcomes help from other people and neighbours. If the Government brings in laws, more regulations and rules, it will create a situation where the people of Australia will lose their rights. This Labor Government is taking away the rights of farmers and other individuals. I assure honourable members that this will reflect badly on the Government. If this bill is passed through this House, I would like to think that the Hon. John Tingle in the upper House will not be so stupid as to support it there, like Richard Jones was in introducing it.

Mr Whelan: This is an upper House bill.

Mr SMALL: It is an upper House bill but it is being amended by this House. The amendments have to be considered by the upper House. If John Tingle supports this bill, it will reflect badly on him with the Sporting Shooters Association of Australia. Though the bill has been toned down with four minor amendments, it is a serious indictment and reflection on the Labor Government because it takes away open season duck shooting. The Government and the Minister will regret this move. I hope the Minister will address the protection of the rice growers.

Mr WHELAN (Ashfield - Minister for Police) [10.41]: I move:
      That the question be now put.

The House divided.
Ayes, 46

Mr Amery Mr Martin
Mr Anderson Ms Meagher
Ms Andrews Mr Mills
Mr Aquilina Mr Moss
Mrs Beamer Mr Nagle
Mr Crittenden Mr Neilly
Mr Debus Ms Nori
Mr Face Mr E. T. Page
Mr Gaudry Mr Price
Mr Gibson Dr Refshauge
Mrs Grusovin Mr Rogan
Ms Hall Mr Rumble
Mr Harrison Mr Scully
Ms Harrison Mr Shedden
Mr Hunter Mr Stewart
Mr Iemma Mr Sullivan
Mr Knight Mr Tripodi
Mr Knowles Mr Watkins
Mr Langton Mr Whelan
Mrs Lo Po' Mr Yeadon
Mr Lynch
Mr McBride Tellers,
Mr McManus Mr Beckroge
Mr Markham Mr Thompson
Noes, 45

Mr Armstrong Mr O'Doherty
Mr Beck Mr O'Farrell
Mr Blackmore Mr D. L. Page
Mr Causley Mr Peacocke
Mr Chappell Mr Phillips
Mrs Chikarovski Mr Photios
Mr Cochran Mr Richardson
Mr Cruickshank Mr Rixon
Mr Debnam Mr Rozzoli
Mr Downy Mr Schipp
Mr Ellis Mr Schultz
Mr Fahey Mrs Skinner
Ms Ficarra Mr Slack-Smith
Mr Fraser Mr Small
Mr Glachan Mr Smith
Mr Hazzard Mr Tink
Mr Humpherson Mr Turner
Dr Kernohan Mr West
Mr Kinross Mr Windsor
Mr Longley Mr Zammit
Dr Macdonald Tellers,
Ms Machin Mr Jeffery
Mr Merton Mr Kerr
Pairs

Ms Allan Mr Collins
Mr Carr Mr Hartcher
Mr Clough Mr Souris

Resolved in the affirmative.

Question - That this bill be now read a second time - put.

The House divided.
Ayes, 47

Mr Amery Mr Markham
Mr Anderson Mr Martin
Ms Andrews Ms Meagher
Mr Aquilina Mr Mills
Mrs Beamer Mr Moss
Mr Crittenden Mr Nagle
Mr Debus Mr Neilly
Mr Face Ms Nori
Mr Gaudry Mr E. T. Page
Mr Gibson Mr Price
Mrs Grusovin Dr Refshauge
Ms Hall Mr Rogan
Mr Harrison Mr Rumble
Ms Harrison Mr Scully
Mr Hunter Mr Shedden
Mr Iemma Mr Stewart
Mr Knight Mr Sullivan
Mr Knowles Mr Tripodi
Mr Langton Mr Watkins
Mrs Lo Po' Mr Whelan
Mr Lynch Mr Yeadon
Mr McBride Tellers,
Dr Macdonald Mr Beckroge
Mr McManus Mr Thompson

Page 3990
Noes, 44

Mr Armstrong Mr O'Farrell
Mr Beck Mr D. L. Page
Mr Blackmore Mr Peacocke
Mr Causley Mr Phillips
Mr Chappell Mr Photios
Mrs Chikarovski Mr Richardson
Mr Cochran Mr Rixon
Mr Cruickshank Mr Rozzoli
Mr Debnam Mr Schipp
Mr Downy Mr Schultz
Mr Ellis Mrs Skinner
Mr Fahey Mr Slack-Smith
Ms Ficarra Mr Small
Mr Fraser Mr Smith
Mr Glachan Mr Tink
Mr Hazzard Mr Turner
Mr Humpherson Mr West
Dr Kernohan Mr Windsor
Mr Kinross Mr Zammit
Mr Longley
Ms Machin Tellers,
Mr Merton Mr Jeffery
Mr O'Doherty Mr Kerr
Pairs

Ms Allan Mr Collins
Mr Carr Mr Hartcher
Mr Clough Mr Souris

Question so resolved in the affirmative.

Motion agreed to.

Bill read a second time.
In Committee

Clause 4

Amendment by Mr Knowles agreed to:
    No. 1 Page 2, clause 4, line 19. After "commencement.", insert "However, the licence or authority does not cease to authorise a sporting or recreational shooter from taking or killing game birds for any other specified lawful purpose."

Clause as amended agreed to.

Schedule 1

Amendments by Mr Knowles agreed to:
    No. 2 Page 4, Schedule 1[5], line 28. After "purposes.", insert "However, a licence can authorise a sporting or recreational shooter to take or kill game birds for any other specified lawful purpose."
    No. 3 Page 5, Schedule 1[6], line 3. Omit "purposes". Insert instead "purposes. However, a licence can authorise a sporting or recreational shooter to take or kill game birds for any other specified lawful purpose."
    No. 4 Page 5, Schedule 1[9], line 16. After "purposes.", insert "However, an authority can authorise a sporting or recreational shooter to take or kill game birds for any other specified lawful purpose."

Schedule as amended agreed to.

Bill reported from Committee with amendments, and reported adopted.
Third Reading

Mr KNOWLES (Moorebank - Minister for Urban Affairs and Planning, and Minister for Housing) [10.59]: I move:
    That this bill be now read a third time.

Question put.

The House divided.
Ayes, 47

Mr Amery Mr Markham
Mr Anderson Mr Martin
Ms Andrews Ms Meagher
Mr Aquilina Mr Mills
Mrs Beamer Mr Moss
Mr Crittenden Mr Nagle
Mr Debus Mr Neilly
Mr Face Ms Nori
Mr Gaudry Mr E. T. Page
Mr Gibson Mr Price
Mrs Grusovin Dr Refshauge
Ms Hall Mr Rogan
Mr Harrison Mr Rumble
Ms Harrison Mr Scully
Mr Hunter Mr Shedden
Mr Iemma Mr Stewart
Mr Knight Mr Sullivan
Mr Knowles Mr Tripodi
Mr Langton Mr Watkins
Mrs Lo Po' Mr Whelan
Mr Lynch Mr Yeadon
Mr McBride Tellers,
Dr Macdonald Mr Beckroge
Mr McManus Mr Thompson
Noes, 44

Mr Armstrong Mr O'Farrell
Mr Beck Mr D. L. Page
Mr Blackmore Mr Peacocke
Mr Causley Mr Phillips
Mr Chappell Mr Photios
Mrs Chikarovski Mr Richardson
Mr Cochran Mr Rixon
Mr Cruickshank Mr Rozzoli
Mr Debnam Mr Schipp
Mr Downy Mr Schultz
Mr Ellis Mrs Skinner
Mr Fahey Mr Slack-Smith
Ms Ficarra Mr Small
Mr Fraser Mr Smith
Mr Glachan Mr Tink
Mr Hazzard Mr Turner
Mr Humpherson Mr West
Dr Kernohan Mr Windsor
Mr Kinross Mr Zammit
Mr Longley
Ms Machin Tellers,
Mr Merton Mr Jeffery
Mr O'Doherty Mr Kerr

Page 3991
Pairs
      Ms Allan Mr Collins
      Mr Carr Mr Hartcher
      Mr Clough Mr Souris

Question so resolved in the affirmative.

Motion agreed to.

Bill read a third time.
Message sent to the Legislative Council seeking its concurrence with the Legislative Assembly's amendments.