Ms Attracta U? Bhroin:

I thank the Senator, in particular for that last suggestion. We will certainly respond to that. Regarding public consultation, I am going to draw on my colleague, Dr. Griffin, but I would like to highlight the ocean environmental policy statement. Senator Boyhan raised concern about this in earlier sessions around the four-week consultation period on this, as did Professor Tasman Crowe. We have an even more fundamental issue with the proposal in respect to this. We find it very hard to believe that this has not been seen as a requirement that is subject to strategic environmental assessment and appropriate assessment considerations. Many here will remember when we were dealing with the Maritime Area Planning Act 2021 that there was extensive debate in select committee around ministerial guidelines, ministerial policy statements and the marine planning policy statement. Thankfully, the Department came forward with amendments which recognised in section 33 of the Act that they did need to be subject to strategic environmental assessment, SEA, along with designated maritime area plans, DMAPS, etc. It would seem to be a major omission here and that has material implication. One is then talking about an environmental assessment and appropriate assessment. The application of that directive and the consultation obligations there, if memory serves, are no less than four weeks in the regulations. There is a fundamental issue in relation to the application of the Aarhus Convention throughout, in terms of what are the timeframes which will allow for effective participation which is not consultation. Participation is a much broader concept than just consultation. Professor Crowe talked about this already, so I will not repeat the point.

The Natura 2000 point in relation to the delay is really welcome. Next week, we are expecting an advocate general's opinion in relation to the inadequacy of what we have actually designated around the management frameworks for our SACs. That is compounded by the delay in designation. I will turn to colleagues in relation to the Senator's question on OSPAR and to expand further on the public consultation point.