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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-03-06 Daily Xml
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Bills

Members of Parliament (Register of Interests) (Water Entitlements) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 21 February 2024.)

The Hon. R.B. MARTIN (17:11): I rise to make a brief contribution on behalf of the government on the Members of Parliament (Register of Interests) (Water Entitlements) Amendment Bill. At the outset, I can indicate that the government does not oppose the passage of the bill through the Legislative Council, and will further consider our position when the bill is before the House of Assembly.

This bill was introduced in the last sitting week by the Hon. Sarah Game, and seeks to require the disclosure of water entitlements owned by members of parliament or their relatives in each MP's annual disclosure of interests. The Members of Parliament (Register of Interests) Act 1983 requires members of both houses of parliament to lodge an annual return with the Clerk of the relevant house. The act sets out a range of interests which must be disclosed in that annual return.

The Hon. Ms Game is proposing to insert a new provision requiring the disclosure of schedule 4 entitlements within the meaning of the Landscape South Australia Act 2019. The definition of schedule 4 entitlements include water licences, water access entitlements or parts thereof, forest water licences, water allocations or parts thereof, or delivery capacity entitlements.

In her second reading explanation the Hon. Ms Game foreshadowed her intention to introduce a further bill relating to the topic of ownership of water entitlements. The government would welcome the opportunity to consider matters in that bill alongside the current bill in order to take a holistic approach on this issue. Accordingly, the government will not oppose the passage of the bill today and will further consider our position in the other place.

The Hon. T.A. FRANKS (17:13): I rise today to speak on behalf of the Greens in support of this bill. Improved transparency is always an initiative that the Greens will support, especially around a resource as vital as water. Without water our way of life, particularly in our regional communities, cannot exist. Australian water should be used for the benefit of all of us.

Right now water ownership is effectively secret, but why are valuable water entitlements hidden from public scrutiny? It is a principle we are pleased to uphold and must uphold. As politicians we are expected to declare land, property, jobs and shares but not water. This is simply hidden wealth, hidden because it can be and because so far it has been allowed to be.

The Greens support the fact that water should be declared in our register of interests. This is the first step to transparency around water ownership and will shine a light on the integrity of this place. As members of parliament we make decisions that ultimately impact on the supply and price of water: if we own water then the public has a right to know that.

At the heart of our democracy it is the voters' right to know, and I thank the Hon. Sarah Game for bringing this issue to the council and for encouraging a transparent democratic process. With that, I commend the bill.

The Hon. F. PANGALLO (17:14): I rise to say briefly that I will be supporting the motion in relation to the one that has been put up by the honourable member.

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (17:14): I rise on behalf of the opposition to make a brief contribution today in support of this amendment bill. The Members of Parliament (Register of Interests) (Water Entitlements) Amendment Bill is about a specified registry for water entitlement, but to me it is more so an amendment bill about the importance of transparency and integrity.

Transparency in state parliamentarians is a cornerstone of a healthy and functioning democracy, playing a pivotal role in fostering trust, accountability and effective governance. It serves as a powerful mechanism to bridge the gap between the elected representatives and the citizens they serve, ensuring that the democratic process remains robust, responsive and reflective of the people's will.

First and foremost, transparency builds trust between the electorate and their representatives. When citizens are well informed about the decisions, actions and motivations of their parliamentarians they are more likely to believe in the integrity of the democratic process. A transparent parliament helps dispel doubts and suspicions, promoting a sense of confidence that elected officials are acting in the best interests of the public. Transparency also enhances the effectiveness of governance by facilitating informed public discourse, such as the discourse around water and who does and should own it.

Water is an asset and should be disclosed. I already disclose on my register of interest my water ownership, which was acquired through the purchase of my home property in the beautiful region of the Riverland. I have never hidden that fact, nor the fact that I am the daughter of commercial horticulture farmers in Winkie, a little town on the flood plains of the River Murray in our beautiful Riverland region. It is a fact that I am extremely proud of, and I still live on an orchard property in that same town.

Unlike those members of the government benches, we on this side of the chamber strive to be open and transparent with the South Australian public because that is what they deserve, which is why we have absolutely no hesitation in supporting this Members of Parliament (Register of Interests) (Water Entitlements) Amendment Bill. Transparency in state parliamentarians is indispensable for the vitality of a healthy democratic society. It fosters trust, strengthens accountability and facilitates informed civic engagement. Who else should model that but us as elected officials? With that, I commend this bill to the chamber.

The Hon. C. BONAROS (17:17): I rise to echo the sentiments of members and indicate my support for the bill, for the same reasons that have already been outlined by other honourable members. I note that in relation to the bill itself there are obviously a number of requirements that are already applicable to all of us in this place, regarding income sources of financial benefits, directorships, travel contributions, gifts, use of property, contracts with Crown, investments, shares, political trade and professional bodies, trusts, beneficial interests in land—I note that this is probably where we have those beneficial interests in land differentiating from land when it comes to water, so there is now an explicit requirement, if this bill were to go through, around water—contributions made to funds for members' benefit, creditors, debtors.

I note also 4(3)(g) of the current requirements, which basically stipulates that we are required to disclose other substantial interests, that is, to include details of all other substantial interests, whether of a pecuniary nature or not, of the member or a person related to the member of which the member is aware and which the member considers might appear to raise a material conflict between the member's private interests and the public duty that the member has, or may subsequently have, as a member.

While the bill would make it explicit that any water entitlements would be required, I think we should not overlook that, as the Hon. Nicola Centofanti has spoken to in her contribution, there is already a requirement there. This is a saleable asset that we are talking about, just like land and other property. Subject, I suppose, to advice that members have received, I would not see this as something that falls outside the scope of what is already disclosable under the register of interests. If it is not captured by one of those other provisions that exists, then it certainly ought to fall within 4(3)(g).

That is not to take away from the bill itself, which would make it explicit, which would make it manifestly clear that this has to be disclosed as part of a member's register of interest. I note for the record that there are those provisions already existing that apply to all of us. With those words, I indicate that, for the reasons already outlined by members, I will be supporting the bill.

The Hon. S.L. GAME (17:20): I want to thank those honourable members who contributed to the debate: the Hon. Reggie Martin, the Hon. Tammy Franks, the Hon. Frank Pangallo, the Hon. Nicola Centofanti and the Hon. Connie Bonaros. This bill seeks to increase transparency and accountability by requiring members of parliament to disclose their water-related interests and this allows the public to better understand potential conflicts of interest between MPs' holdings and their legislative duties related to water management.

The purpose of this bill has been clear from the start: accountability and transparency with regard to water ownership from our state's politicians. It has been extremely disappointing, therefore, that discussion of this legislation has been used by the honourable Leader of the Opposition to make misleading public assertions, which were reported today in The Murray Pioneer. We might be in the same corridor but we certainly do not seem to be on the same page. The Hon. Nicola Centofanti is quoted as saying:

It is a reckless and thoughtless and irresponsible proposal by One Nation's Sarah Game to contemplate restricting trade between those in the consumptive pool.

Let me be clear: One Nation supports high-security water being traded between farmers in South Australia. If a farmer has an excess of water, it is absolutely desirable to trade with a farmer in need.

The PRESIDENT: The Hon. Ms Game, you are supposed to be concluding the debate on this bill. You seem to be reaching into another area, so conclude the debate, please.

The Hon. S.L. GAME: Thank you, Mr President. I will seek clarification at a later date on how I can set the record straight. I note the federal government is on the hunt now for more water for the environment. Victoria will not allow any more water buybacks to the commonwealth and neither should South Australia. The commonwealth has already bought one-third of all high-security water used for food production in this state and the federal government is now buying more high-security water without any consideration of the effect on farming and the ability of South Australians to buy fresh fruit and vegetables at a reasonable cost.

Today, $7½ million of water is for sale in the Central Irrigation Trust. If the federal government buys this water from desperate farmers affected by low grape prices, then it is possible there will be a domino effect where other viable farmers will go out of business along the same pumped pipeline. Why? Because as water leaves irrigation trusts, the pumping costs get shared amongst fewer farmers until the cost is so high they go out of business. It is the Swiss cheese effect.

What is needed right now is support for farmers and that can come in many forms including new legislation to make water buybacks subject to certain rules so we do not destroy irrigated farming. I will be introducing this legislation later in the year. I look forward to the passage in the upper house.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. T.A. FRANKS: How will this bill impact on water buybacks?

The Hon. S.L. GAME: My understanding is that the nature of this bill is simply to ensure that on the register of interests politicians declare their water entitlement or their water ownership.

The Hon. T.A. FRANKS: So, to be clear, is the member saying that this bill will have no impact on water buybacks?

The Hon. S.L. GAME: I might need further explanation from the honourable member as to what her intention is. I am not sure how else to answer it.

The Hon. T.A. FRANKS: I refer the member to her second reading concluding comments where she just waffled on about water buybacks. I wondered what this bill had to do with water buybacks so I asked her, 'How will this bill impact on water buybacks?'

The Hon. S.L. GAME: This is a simple bill which seeks to increase transparency and accountability to ensure that if politicians own water under schedule 4 that is declared under the register of interests.

Clause passed.

Remaining clause (2) and title passed.

Bill reported without amendment.

Third Reading

The Hon. S.L. GAME (17:26): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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