Government MUST support the Royal Commissioner
Centre Alliance Environment Spokesperson, Senator Rex Patrick, has warned the Federal Government that the party will use its crossbench weight to ensure the South Australian Royal Commissioner is supported in his inquiry into the Murray-Darling Basin.
“The Commissioner has been foul snookered and that’s not appropriate,” said Rex.
In June the Royal Commissioner summoned Murray-Darling Basin Authority (MDBA) officials and ordered the production of both MDBA and Commonwealth documents. In response, and in defiance of the Murray-Darling transparency it has committed to, the Federal Government commenced proceedings in the High Court challenging the Commissioner’s authority to call Commonwealth witnesses and subpoena documents.
The matter has been set for a hearing in October, but the need for the Commissioner to afford procedural fairness to the Commonwealth means that he will not be able to hear from the witnesses and examine the documents without an extension to his reporting date.
In an extraordinary departure from the norm of supporting Royal Commissioners, the SA Attorney-General has indicated to the Royal Commissioner that he has to report in the original time frame.
“It seems that neither the Federal or State Liberal Governments want to hear what the Commissioner might have to say,” said Rebekha Sharkie, Member for Mayo.
“There have been serious allegations raised at the Royal Commission suggesting that the 2750 GL sustainable diversion limit was, in contrast to the law, a made up number. The law required the MDBA to have an ‘environmentally sustainable level of take’, yet it appears they were directed to come up with a number starting with ‘2’.”
“The Commission needs to investigate whether officials have broken the law in the design of the $13 billion plan,” said Rebekha.
The Royal Commissioner has advised the SA Government that he could make a useful report, but he would “much prefer to obtain the benefit of the material and evidence sought by the summons”. He has also stated “That material and evidence, I stress, is regarded by me as highly desirable to be considered by my Commission, in the interest of everyone, including South Australia and South Australians affected by the Basin Plan.”
“I suspect that Bret Walker SC is being conservative in his language, as Royal Commissioners tend to be,” said Rex. “In my view it’s likely to be more significant than that. The whole plan may be based on a lie and that would mean we will have spent $13 billion only to see South Australia and the nation ending up with a disaster on its hands.”
“We’re not talking about submarines and fighter jets. There can be no secrets here. Either the Federal Government consents to requests for witnesses and documents (thereby avoiding the need to proceed with the High Court case) or they put appropriate pressure on the South Australian Government to extend the Royal Commission’s time frame to allow it to do its work properly.”
On Tuesday Senator Patrick will also seek an order for production in the Senate for the same documents that are subject to subpoena by the Commissioner.
Centre Alliance is in discussions with relevant federal ministers.
Centre Alliance Environment Spokesperson, Senator Rex Patrick
