Despite widespread opposition from the legal profession, anti- CSG and environmental groups, farmers, unions, concerned citizens and, of course, NSWCCL the Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 was forced through Parliament on Tuesday.
NSW now has another set of laws which encroach on fundamental democratic rights – in this case the right to peaceful protest. It is unnecessary and disproportionate legislation. We will maintain our opposition and campaign for its repeal.
The Labor Party and the Greens made last ditch efforts to amend the Bill to remove its most disturbing provisions. Failing that they called for the referral of the Bill to a Parliamentary Committee for proper consideration and public consultation.
Not surprisingly the Government rejected all their amendments- with the support of the Shooters Party and the Christian Democrats. The latter was a surprise given that Fred Niles had addressed the protest rally against the Bill outside Parliament House on Tuesday assuring the crowd of his strong opposition to the Bill and his support for the right to protest in a democracy like Australia.
Amendments proposed by the Shooters and Fishers party were however accepted by the Government. One of these provides for a review of the operation of the legislation by the Minister after 3 years. Much will have happened in three years in this important community debate around CSG activities. An earlier review would have been preferable to provide some insight into the impact of the legislation on legitimate protest around this issue. It would also been far preferable if the review was to be done by someone in a more independent position than the Minister – eg parliamentary committee or the Ombudsman – and that community consultation be required as part of the review.
The other amendments were minor improvements. The most significant ensures that police directions given to protesters who obstruct traffic only refer to the individuals so doing and not to the whole gathering.
A sad few days in the NSW parliament.
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