Legislation to improve water protection policies has been approved by the Upper House.

Lindsay Simmons, the Junior Minister of Home Affairs, said the Water Resources Amendment Act 2024 introduced a host of new measures to protect the island’s oceans and groundwater.

The legislation will enable the minister responsible to issue pollution stop orders, which can include abatement and remediation requirements mandating a clean-up as well as treatment and monitoring of public waters or grounds.

The regulations would also make it an offence not to report a pollution event and bolster enforcement powers in the wake of an incident.

Asked by Robin Tucker, the Opposition Leader in the Senate, why reports of offences should be made to the minister rather than the director, Ms Simmons responded: “It’s because all appeals have to go to the minister and not the director.”

Ms Tucker also asked what authorities would have to produce to enter a property to carry out a survey or investigation.

Ms Simmons said photo ID was required.

“They will be given cards and written on the back it will state that they have the powers to enter properties,” she added.

Kiernan Bell, Vice-President of the Senate, questioned the $20,000 cap on fines.

Ms Simmons said the cap was based on advice from the Attorney-General’s Chambers after consideration of other jurisdictions.

Ms Bell asked which countries, as she had been unable to find other such jurisdictions and had even found some that had removed the cap entirely.

Ms Simmons said she did not have the information but could send it to senators at a later date.

Dwayne Robinson, Opposition senator and Spokesman for Education, Public Works, National Security, Tourism, Culture and Sport, questioned the Government’s ability to enforce the laws.

Ms Simmons said that since the regulations were amended in 2018, there had been one successful prosecution of sewage discharge, which resulted in a fine of $8,000.

“For many vessels that are suspected to be discharging within a no-discharge zone, the Department of Environment and Natural Resources will inform the boat owners of the law and provide them with notice. If sewage discharges are still suspected, then additional dye tablets would help to provide proof of sewage discharge under certain circumstances.”

Ms Simmons said some cases were under consideration by the Director of Public Prosecutions.

“I believe that we are stepping up and hoping to catch people who are polluting our waters,” she added.

“We are making sure that we have the people in place to catch people who are breaking the law.”