Parties have the option of redrafting the disallowance and resubmitting it as soon as Wednesday

This article is more than 2 years old

This article is more than 2 years old

A first attempt by Labor and the Greens to disallow controversial new marine park management plans proposed by the Turnbull government last week has failed in the Senate after the government flipped the order of business and brought on the chamber debate.

The Turnbull government on Tuesday night pulled its proposal to lower the tax rate for big business to 25% and abruptly changed the order of business in the Senate to force consideration of Labor’s disallowance motion on the marine parks.

Labor proposed the disallowance last week as soon as the government unveiled its marine park management plans, but the Greens did not come on board with the motion until this week.

The government moved to bring on debate about the disallowance motion on Tuesday night knowing that Labor and the Greens did not yet have the numbers to scuttle the management plans.

Labor and the Greens in the Senate are a bloc of 35, so another four votes are required for the majority required for a successful disallowance.

Given Labor and the Greens lacked the numbers to land the disallowance, and had planned to build momentum between now and the budget session to help gather the requisite number of votes in the Senate, the government pulled a procedural tactic to bring on the vote.

It was a highly unusual move by the Coalition, effectively triggering a parliamentary process to disallow its own regulations.

Despite the motion being defeated in the Senate on Tuesday night, Labor and the Greens have the option of redrafting the disallowance and resubmitting it for consideration, which is likely to happen as soon as Wednesday.

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The Greens had hesitated when Labor first proposed the disallowance motion on the basis that if the marine park management plans were scuttled by the Senate, there would be no settled protection plans in place for the foreseeable future.

But the Greens’ healthy oceans spokesman, Peter Whish-Wilson, locked in behind the disallowance early this week, branding the government plans “woefully inadequate”. He told the Senate on Tuesday night the management plans proposed by the Turnbull government were “nothing short of a disgrace”.

Whish-Wilson said the government’s stated rationale for bringing on the disallowance motion was providing “certainty” for commercial fishing and for the oil and gas industry, but he branded that rationale “absolutely ridiculous”.

He noted the environment movement was currently divided about how to proceed, with some campaigners inclined to support the Coalition’s management plans because, “as inadequate as they are, they view them as better than the status quo and better than the alternative of uncertainty” – and others of a view that the management plans needed to be blocked.

Whish-Wilson said the debate presented an opportunity to galvanise a national community campaign about healthy oceans, and he said the Greens and Labor would persist with efforts to disallow the government proposal.

“We are not going away – and we’ve got plenty of time,” he said. “If you think the fight is over tonight, it’s not, we are coming back.”

The shadow environment minister, Tony Burke, declared the only way to boost protections for oceans was to “change the government”.

Tony Burke (@Tony_Burke) The largest reduction in area under conservation was just locked in through a vote in the Senate. 28-34. The only way to increase ocean protection is to change the government. #auspol #marineparks

One Nation supports the Turnbull government’s management plans.

The NXT senator Rex Patrick told the Senate on Tuesday night their bloc of two would back the government’s plans because if the disallowance proceeded there would be no protections, and the perfect could not become the enemy of the good.

The remainder of the crossbench voted with the government. The disallowance vote was lost 28 to 34.

The marine parks issue has a vexed political history. Labor, before it lost office in 2013, unveiled a network of 42 marine reserves that was largely welcomed by environmental groups but was designed to have a minimal impact on commercial activities, which led to some criticism from conservationists and scientists.

When Tony Abbott came to government in 2013, Labor’s proposal was suspended. Abbott said he did not want to “lock up our oceans” and that more consultation was needed.

The Turnbull government has taken the process through to its conclusion. Following a scientific review, the Coalition released draft management plans for consultation in September last year and the final boundaries appeared last Tuesday.

The environment minister, Josh Frydenberg, has described the new regime as “a world-leading management regime” for Australia’s marine parks.

Frydenberg said the new management plans would mean Australia had 36% of its waters included in marine parks, and the new plans would be beneficial for recreational fishers.