Protecting the Spirit of Sea Country Bill 2023

High-Level Summary
The Protecting the Spirit of Sea Country Bill 2023 proposes to ensure that Traditional Owners and knowledge holders from First Nations communities are included in consultations regarding offshore projects and that cultural heritage is protected in such proposals.

Summary
The bill amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and related regulations to include Traditional Owners and knowledge holders as 'Relevant Persons' for consultation purposes. It sets minimum standards for consultation, requiring free, prior, and informed consent from Traditional Owners. The bill also mandates that environmental plans for offshore projects must assess impacts on underwater and intangible cultural heritage, ensuring these elements are considered in project planning. Amendments include defining 'intangible cultural heritage' and 'underwater cultural heritage' and requiring their inclusion in environment plans. NOPSEMA must refuse proposals that risk cultural heritage sites. From the explanatory memo:
This bill is compatible with human rights because it upholds and seeks to legislate a number of the rights of First Nations people as contained in the United Nations Declaration on the Rights of Indigenous Peoples.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy
  3. Environmentalism

The bill should be supported because it addresses historical injustices by ensuring First Nations peoples are involved in decisions affecting their lands and seas, thereby promoting equality and non-discrimination. It enhances democratic processes by requiring genuine consultation and consent from Traditional Owners, respecting their sovereignty and cultural heritage. Furthermore, it strengthens environmental protections by considering the impacts on cultural and natural heritage, aligning with broader goals of sustainable development and ecological preservation.


Argument Against
Normative Bases
  1. Propertarianism
  2. National Prestige/Patriotism

The bill should be opposed because it could potentially hinder economic development and exploitation of natural resources by adding additional layers of regulation and consultation, potentially delaying projects. Critics might argue that it imposes excessive restrictions on industries that contribute to national economic growth and energy security. Additionally, there might be concerns about the clarity and implementation of the consultation processes, which could lead to legal ambiguities and increased costs for compliance.


Date:

2023-08-08

Status:

Before Senate

Sponsor:

COX, Sen Dorinda

Portfolio:

Unspecified

Categories:

Discrimination / Human Rights, Climate Change / Environment, Indigenous

Timeline:
08/08/2023

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