Showing posts with label National Party of Australia. Show all posts
Showing posts with label National Party of Australia. Show all posts

Monday 27 August 2018

Luke Hartsuyker? Luke Hartsuyker? Think I recall that name


Luke Hartsuyker Image: Greater Springfield Daily Record

NSW National Party MP for Cowper Luke Hartsuyker is retiring at the next federal election.

He has been a member of the federal parliament since 2001 and is a clear example of a man rising to the level of his own political incompetence.

Hartsuyker has briefly held one ministerial and three assistant ministerial positions since entering parliament – the last ending in March this year:

Assistant Minister for Employment from 18.9.13 to 21.9.15 (2 years).
Minister for Vocational Education and Skills from 21.9.15 to 18.2.16 (less than 5 months).
Assistant Minister to the Deputy Prime Minister from 19.7.16 to 20.12.17 (17 months).
Assistant Minister for Trade, Tourism and Investment from 20.12.17 to 5.3.18 (less than 3 months).

Hartsuyker was Deputy Leader of the Nationals in the House of Representatives from 18.9.13 to 18.2.16 (approximately 2 years & 4 months).

By  the time the next federal election rolls around Luke Hartsuyker will have been in the Australian Parliament for 17 years, yet the best his party could say of him when he announced his intention to resign was to list as his achievements work largely done by other politicians.


I am sure there are parts of the Cowper electorate where his name barely registers with local residents and one has to suspect it won't take too many years before the only way he is remembered is as an obscure name on weathered building dedication plaques.

Friday 24 August 2018

Nationals MP for Page Kevin Hogan tries to straddle the Coalition fence by becoming a Faux Independent after the new Morrison Government is sworn-in


The political situation in Australia thus far this week..............
Thinking to hedge his bets in a toxic political environment and remain in the federal parliament beyond the forthcoming federal election, Kevin Hogan sent out this media release on 23 August 2018: 


STATEMENT FROM KEVIN HOGAN

This constant rotation of Prime Ministers by both the Labor Party and the Liberal party, I cannot condone.

 I am announcing today, that if there is another leadership spill for the position of Prime Minister prior to the next federal election, I will remove myself from the government benches and sit on the cross benches.

 I have made this decision because my community is fed up. What we have been seeing in Canberra with leadership changes over the last 10 years, is letting our great country down.

This is not about Peter Dutton, Malcolm Turnbull or Kevin Hogan, it is about the Office of Prime Minister.

I remain 100 per cent committed to delivering for my community. I remain committed to the National Party.

If this occurs, I will still attend National Party meetings if invited. I will not attend Coalition Party Room meetings.

 I will support the Government in No Confidence Motions and Supply.  Any other legislation I will take on a case by case basis.

The model I intend to follow is similar to what the Western Australian National, Tony Crook did.

I will continue to focus on what my community has sent me here to do. I thank them for their overwhelming support. [my yellow hightlighting]

Hogan has been in the federal parliament and a member of the Abbott & Turnbull Coalition governments for almost five years and in that time has never voted against Liberal-Nationals party policy.

What Hogan is doing with this media release is taking a hollow stance.

He fully intends to support the new Liberal Prime Minister Scott Morrison and Nationals Deputy Prime Minister Michael McCormack.

An arrogant new prime minister with a history since 2013 of human rights abuses as Minister for Immigration and Border Protection, of welfare recipient bashing as Minister for Social Services, of relentless cost cutting as Treasurer and as a strong supporter of propping up the rich at the expense of low income families.

Thursday 23 August 2018

“Sneaky laws which declare you as guilty in the eyes of the law the minute the police say you are guilty” - Turnbull Government legislative overreach continues in 2018?



Sydney Criminal Lawyers, 16 August 2018:

A Senate committee has just given the Turnbull government the green light to nationalise a scheme that allows government to seize citizens’ assets unless their legitimate origins can be explained, even if the owner of the wealth hasn’t been charged with let alone convicted of an offence.

On 6 August, the Senate Legal and Constitutional Affairs Legislation Committee recommended that the federal government pass the Unexplained Wealth Legislation Amendment Bill 2018 without any changes.

Unexplained wealth laws currently exist in every Australian jurisdiction, but the new scheme provides a broader model allowing for federal and state authorities to work in collaboration across jurisdictional borders to target serious and organised crime.
“The scale and complexity of this criminal threat has necessitated an enhanced focus on cooperative, cross-jurisdictional responses by Australian governments,” home affairs minister Peter Dutton said in the second reading speech of the bill.

However, critics of the scheme warn that existing unexplained wealth laws undermine the rule of law and broadening their scope will lead to a further erosion of civil liberties. And while these laws are meant to target untouchable crime bosses, they’re actually being used against petty criminals.

Presumption of guilt

“These beefed-up laws bring down all the secret surveillance and the swapping of scuttlebutt masquerading as intelligence on everyone in Australia,” Civil Liberties Australia CEO Bill Rowlings told Sydney Criminal Lawyers.

“The unexplained wealth laws completely overturn the presumption of innocence, which is part of our rule of law in Australia,” he continued. “They are sneaky laws which declare you as guilty in the eyes of the law the minute the police say you are guilty.”

Unexplained wealth laws are a recent development in Australia. But, unlike other proceeds of crime laws that allow for the confiscation of assets derived from prosecuted criminal acts, unexplained wealth places the onus upon the individual to prove their wealth was legally acquired.

“People don’t understand, under these laws the government can confiscate your assets even if you haven’t been found guilty of anything,” Mr Rowlings stressed.

Broadening the reach

The current Commonwealth unexplained wealth laws were introduced in 2010 via amendments made to the Proceeds of Crime Act 2002 (Cth) (the Act).

These laws apply where there are “reasonable grounds to suspect” an individual’s assets have been derived from a committed federal offence, “a foreign indictable offence or a state offence that has a federal aspect.”

There are three sorts of orders that can be sought in relation to unexplained wealth. Section 20A of the Act provides that a court can issue an unexplained wealth restraining order, which is an interim order that restricts an individual’s ability to dispose of property.

Section 179B of the Act allows for the issuance of a preliminary order, which requires a person to appear in court to prove their wealth is legitimate. And under section 179E, an order can be issued requiring that the payment of an amount of wealth deemed unlawful be made to the government.

The new legislation amends sections 20A and 179E, so that these orders can be issued in respect to relevant offences of participating states, as well as in relation to territory offences. Relevant state offences will be outlined in state legislation that enables participation in the national scheme.

Sharing it around

The legislation broadens the access authorities have to an individual’s banking information in relation to an unexplained wealth investigation.

Section 213 of the Act allows certain authorised Commonwealth officers to issue access notices to financial institutions. This provision will now be extended to states and territory law enforcement agencies.

Proposed section 297C of the Act outlines how federal, state and territory governments will divvy up the seized wealth. A subcommittee will be established to distribute the money. And while any state that opts out of the scheme will be eligible for a share, it will be a less favourable amount.

The legislation also makes amendments to the sharing of information provisions contained in the Telecommunications (Interception and Access) Act 1979.…..

Backdoor revenue raising

The NSW government has already introduced legislation into parliament, which enables that state to participate in the national scheme. The legislation sets out that the relevant offences the laws apply to are set out in section 6(2) of the Criminal Assets Recovery Act 1990.

NSW police minister Troy Grant told parliament that the legislation allows the state to refer matters to the Commonwealth, which then authorises the Australian federal police to use certain NSW offences as a basis for the confiscation of unexplained wealth.

But, Mr Rowlings states that the nationalising of the scheme will actually streamline a process that sees the unwarranted confiscation of wealth to prop up government coffers.

“The cash seized is paying for extra government lawyers to help seize more cash,” Mr Rowlings made clear, “so it’s a devious upward spiral where more and more unconvicted people will have their assets taken, and then have to prove their innocence or the government gets their assets.”

Read the full article here.

Wednesday 22 August 2018

Gloucester community's landmark climate change case began in NSW Land & Environment Court, August 2018




CASE SUMMARY

Gloucester Resources Ltd and Stratford Pty Ltd
v Groundswell Gloucester and Dept of Planning & Environment 


The Client: Groundswell Gloucester, a residents’ community group concerned with the environmental, social and economic future of the Stroud Gloucester Valley near Barrington Tops in the upper Hunter.

The Case: Represented by EDO NSW, Groundswell Gloucester was joined to proceedings that will determine the fate of the Rocky Hill Coal project, a greenfield open-cut coal mine less than 5km from Gloucester township.

Representation: Matt Floro, solicitor for EDO NSW, has carriage of this matter for Groundswell Gloucester and our Principal Solicitor, Elaine Johnson, is the solicitor on record. We are grateful to barrister Robert White for his assistance in this matter.

Experts: Emeritus Professor Will Steffen will for the first time give evidence in an Australian court that no new fossil fuel developments can be approved if we are to avoid overspending our carbon budget. Professor Steffen is a Climate Councillor on the Climate Council of Australia, Member of the ACT Government’s Climate Change Council, and was previously a Climate Commissioner on the Australian Government’s Climate Commission.

Energy analyst Tim Buckley will explain the financial mechanisms and market changes that are driving investments away from coal and creating a risk that Rocky Hill will become a stranded asset. Tim Buckley is Director of Energy Finance Studies, Australasia, Institute of Energy Economics and Financial Analysis.

60 community objectors include farmers, doctors, Traditional Owners and young people. This is also the first time in an Australian court that young people will talk about the impact of climate change and the impact of the mine on their communities, and future generations.

Timeline:

2016 - Community celebrations after AGL withdraws its application to drill 330 coal seam gas extraction wells in the area.

December 2017 - celebrations continue when the Planning Assessment Commission (PAC) refuses consent to the Rocky Hill Coal Project proposed by Gloucester Resources Limited (GRL). The PAC found that the mine was not in the public interest because of its proximity to the town of Gloucester, significant visual impact and direct contravention of the area’s zoning plans.

The PAC also refuses consent to a Modification of the consent for the nearby Stratford mine - operated by a related company of Yancoal Australia Limited - that proposed the receipt, processing and railing of coal from the Project.  The PAC found that the Modification would have no critical purpose or utility outside the Project.

Planning Minister grants both mining companies the right to appeal the refusal of consent to the Land and Environment Court.

February 2018 - Our client, Groundswell Gloucester, seeks to be joined to the proceedings.

April 2018 - following a full-day hearing, the Land and Environment Court orders that Groundswell Gloucester be joined to the proceedings brought by GRL.
In relation to the climate change ground, on joining Groundswell Gloucester, the Court noted that:
“GRL submits that the raising of the climate issue as proposed in a domestic Court if the Intervener were joined would not serve the purpose of improving this particular planning decision; and, instead, would be a “side show and a distraction”. I do not agree.”

Our client has been permitted by the Court to present expert evidence on climate change and the social impacts of this new mine. The Court will hear anthropological evidence about the social impact of mining on the community.

This is the first time an Australian court will hear expert evidence about the urgent need to stay within the global carbon budget in the context of a proposed new coal mine.

Key dates
13-14 August 2018
Opening submissions at the Land and Environment Court, Macquarie Street, Sydney
15 August 2018
Site visit (parties only) Gloucester
16-17 August 2018
Hearings in Gloucester (community objectors)
20-24 & 27-31 August 2018
Submissions and expert witnesses at the Land and Environment Court, Macquarie Street, Sydney

Background

This is the first hearing of its kind since the historic Paris Agreement in which a superior jurisdiction Australian court will hear expert testimony about climate change, the carbon budget and the impacts of the burning of fossil fuels.

For years EDO NSW has supported the Gloucester community, providing legal and scientific advice. This contributed to a recommendation from the Department of Planning and Environment (DPE) in 2016 to the Planning Assessment Commission (PAC) to refuse GRL’s greenfield mine application, known as the Rocky Hill Coal Project (the Project) and the associated Stratford modification.

In December 2017, the Planning Assessment Commission (PAC) refused consent to the Project and the modification, finding they were not in the public interest because of proximity to the town of Gloucester, significant visual impact and the area’s zoning under planning laws.

In deciding how the Project and modification would be assessed, the NSW Minister for Planning granted unusual merit appeal rights to GRL and Yancoal who are now joined together in aggressively challenging the refusal in the Land and Environment Court.

Both coal companies have recruited their own legal and scientific teams. However Groundswell Gloucester was not told about the merit appeal until February, two months after GRL filed the case.

EDO NSW case page: www.edonsw.org.au/groundswell 

~~~~~~~~~~~~~~~~~~~~

Concerned citizens can donate to the Environmental Defence Fund here.

Friday 6 July 2018

A CERTAIN RMS ASPHALT BATCHING PLANT: Open Letter to NSW Premier & Liberal MP for Willoughby, Gladys Berejiklian, as well as Minister for Roads Maritime and Freight & Nationals MP for Oxley, Melinda Pavey


Dear Premier Berejiklian and Minister Pavey,

Communities in the Clarence River estuary are concerned about an aspect of the NSW Government's current Pacific Highway construction planning.

Below are some of those concerns expressed to local newspaper The Daily Examiner with regard to a Roads and Maritime Services (RMS) plan to install a temporary asphalt batching plant at Woombah on the Clarence River flood plain.

The build is scheduled to start this month and the plant will operate for the next two and a half years.

Please note the attitude – local residents are not amused at the high-handed way in which the NSW Government and RMS went about a cursory declaration of intent.

“What they’re not happy about is an asphalt batching plant being built right near their houses, using their only connecting road to the villages”

“We want the highway, and we want the asphalt plant to be somewhere, but we want it to be away from our communities where it won’t impact on our health and safety”

“The plant will add a reported 500 truck moments and 100 car movements per day at peak, or one every minute, and residents are concerned the additional traffic will create safety problems, and a bottleneck at their intersection, which they already describe as “tight” after it was temporarily re-routed. They also cite concerns over possible health affects the dust may cause for nearby residents.”

We have a resident as close as 450 metres from the plant who is suffering from lung cancer….Although Pacific Complete have been made aware of this, since they were first told they have failed to take action to acknowledge her.”

“We live within one kilometre of the plant and we found out two weeks ago by letterbox drop”

“We found out last Wednesday they didn’t tell anyone else. We’ve been around to other residents who are just outside the area and they had no idea the plant was coming at all.”

I also draw your attention to the content of emails coming out of Iluka:

Woombah is surrounded by World Heritage National Park. Within the waterways affected by run off from the proposed asphalt plant is the organic Solum Farm. Woombah Coffee will also be affected. Not to mention the multiple organic gardners who sell at the Yamba Markets and those who grow their own food.

The small community of Woombah and its neighbour Iluka are places that welcome tourists for the natural and clean beauty of the environment. An asphalt plant WILL threaten that. 

In addition, the Esk River at Woombah is fed by many of the creeks and waterways in the bushland where the asphalt plant is proposed. They will be adversely affected, which will flow into the Esk which will flow into the Clarence which will affect the fishing, oyster and prawn industries, on which many make their living. Not to mention the tourist industry that survives because our area offers a clean environment with unpolluted air and water.

This proposal is an outrage. Teven said NO. Woombah says NO as well.​”

“What about our kids on school buses with no seatbelts and the increase in traffic particularly trucks”

“Iluka Naturally, turn off at the asphalt plant, how ironic.”

For my own part I would add to these expressions of concern the fact that the 80ha, NPWS-managed Mororo Creek Nature Reserve is only est. 98 metres from the western end of the southern boundary of the proposed asphalt batching site. 

This protected land parcel is one of the reserves which form part of a forested corridor linking Bundjalung National Park to the east and the protected areas of the Richmond Range to the west. It lies within the boundaries of the Yaegl Local Aboriginal Land Council area, the Clarence Valley Local Government Area and the Northern Rivers Catchment Management Authority.

The Mororo Creek Reserve conserves areas of endangered swamp sclerophyll forest, coastal saltmarsh, subtropical coastal floodplain forest and swamp oak floodplain forest.

Most importantly, Mororo Creek and several of its tributaries which run through this reserve empty into the Clarence River Estuary less than est. 2km from the proposed asphalt batching site.

Now I have no idea why the NSW Government decided that a brief three-page information sheet and invitation to comment published online at http://www.rms.nsw.gov.au/documents/projects/northern-nsw/woolgoolga-to-ballina/w2b-woombah-batch-plant-notification-2018-06.pdf was to be the limit of its community consultation effort or why a similar document was sent at short notice to such a small number of Woombah residents.

I don’t pretend to understand why the information sheet contained just one small image of a section of a Pillar Valley temporary asphalt batching plant with no description of typical batching plant infrastructure and no Woombah site layout plan at all, much less one to scale.

There was not a hint in the information sheet of the range of known issues which can arise during site construction, plant operation and site rehabilitation.

Those residents who were originally invited to comment were supplied with less than rudimentary information on which to assess the desirability of a batching plant on the designated site.

Given that the proposed Woombah asphalt batching plant site is est. 2 to 2.5kms as the crow flies from Clarence River estuary waters which:

(1) are covered by Yaegl Native Title;

(2) at certain points are covered by international treaties, including JAMBA, CAMBA, ROKAMBA;

(3) contain the second largest area of seagrass (83 ha), the largest area of mangroves (765 ha) and the third largest area of saltmarsh (290ha) in the northern rivers region [Williams et al 2006 in Northern Rivers Regional Biodiversity Management Plan 2010];

(4) are part of the largest combined river-ocean fishery in NSW containing high fisheries value marine species; and

(5) are a vital component of regional tourism, 

perhaps Premier Berejiklian and Minister Pavey can answer two vital questions.

1. Is the Woombah asphalt batching plant site above the 100 year flood level for the lower Clarence Valley flood plain?

Because if it is not, then the NSW Government’s cavalier attitude to flood risk management would potentially see toxic waste from asphalt batching flow into the Clarence River estuary during a flood event – including solid waste and any organic solvents/hydrocarbons captured in holding ponds for the life of the plant – along with any nearby excavated plant/road construction materials. After all, extreme flood event height predictions for that general area are 3.5 to 4.5 mAHD.

2. Why on earth was a decision made to site the asphalt batching plant and access road at a point along the Pacific Highway where it would cause the maximum damage to Iluka’s clean, green destination image and vital tourism trade?

When the NSW Government first mooted the Pacific Highway upgrade on the North Coast one of the advantages it canvassed was an increase in tourism numbers due to better road conditions.


Most of these visitors holidayed along the Clarence Coast and Iluka is a strong component of that coastal tourism.

If the NSW Government seriously believes that leaving Woombah-Iluka with only one safe, unimpeded access point for day, weekend and long-stay visitors, the Yamba to Iluka foot passenger only ferry, will not significantly affect tourism numbers over the course of two and a half years, one has to wonder if it bothered to investigate the issue at all before signing off on the proposed plant site.

The effect of siting the asphalt batching plant and access road on the designated site will in all likelihood have the effect of diminishing not growing tourism traffic to Iluka for a period beyond the years it actually takes to complete the Maclean to Devil’s Pulpit section of the highway upgrade, as visitor perception of a holiday area can change when industrial level activity becomes visually prominent.

When it comes to commitment to the community consultation process, the NSW Government obviously hasn’t insisted that Roads and Maritime Services live up to its undertaking to engage with communities to understand their needs and consider these when making decisions.

In fact, looking at satellite images of the site one cannot escape the suspicion that pre-construction ground preparation had already commenced before any information was sent out to selected Woombah residents.

Since news of the asphalt batching plan site reached the Lower Clarence and residents began to approach their local state member, there appears to have been a promise made to hold a "drop-in information session" at an unspecified date.

Having experienced NSW departmental drop-in information sessions, I am well aware that they are of limited value as purveyors of anything other that the meagre degree of information found in the aforementioned three page RMS document and, ineffectual as vehicles for genuine community consultation.

The people of Woombah and Iluka deserve better.  They deserve a formal information night which canvasses all the issues, with representatives from RMS and the Pacific Highway project team prepared to address concerns and answer questions, as well as representatives of both the Premier and Minister for Roads, Maritime and Freight in attendance as observers.

I’m sure that all residents and business owners in both Woombah and Iluka would appreciate both Premier and Minster taking the time to consider these questions and ensure government genuinely consults with both village communities before considering proceeding with any Roads and Maritime Servces site proposal.

Sincerely,


Clarence  Girl

The Lib-Nats class war continues apace and General Turnbull reminds us of another victory


On 1 July 2018 Australian Prime Minister Malcolm Bligh Turnbull proudly reminded his fellow Australians that the planned personal income tax cuts had started that day.




He was careful not to point out that to get that $530 tax refund next year this nurse or school teacher would have to earn above the average full-time wage in their respective professions.

Turnbull was also careful not to mention that these personal tax cuts excluded the lowest income earners - many of whom would be hit with the second tranche of penalty rate cuts which came into force on 1 July as well.

While the fact that on 1 July he just happens to get a 2 per cent parliamentary pay rise for the third year in a row, during a period of extremely low wage growth for ordinary workers, passes without mention as well.

It did not go unnoticed...........

The Guardian, 1 July 2018:

This week saw criticism of Labor starting a class war. But the real class war is being fought by those who seek to erase people on low and middle incomes from the debate. And too often the media are willing participants in this erasure.

Let us be honest: Australia is a nation whose politicians are for the most part drawn from similar socioeconomic (and education) backgrounds, covered by journalists who (including myself) come from similar backgrounds, and where any interruption to this course of events – such as when Ricky Muir was elected to the Senate – is greeted with a barely disguised level of condescension that someone not university educated or white collar has deigned to enter the sanctum.

It is a situation of course not solely devoted to income – gender and especially race are also major factors at play. In positions of power we remain a very white, relatively well-paid male nation (and I speak as one of that group).

It is not a situation without consequences.

Retirement age of 70? Well, that seems doable to one who sits behind a desk. The shift of jobs to the services sector? Well, after all, who would want to work in a factory? Low levels of industrial disputes? That must be good – let me quote some measure of international competitiveness while I pass over these record low wages growth and wonder at the coincidence.

It’s the type of thinking that has journalists asking “Is $120,000 the new rich” because that will generate a headline without even caring that it is more than double the median income.

And it is why I have little time for the theatre criticism that can infest political coverage where journalists writing for publications whose target audience is the very wealthiest in our society talk about how Labor’s “class war” attacks on Malcolm Turnbull are poor politics that won’t fly, and are divisive.

That’s pretty rich given today low-paid fast-food, hospitality, pharmacy and retail workers around the country are seeing cuts to their penalty rates.

Let us not fall into the trap of believing we can’t suggest that the situation and wealth of those in power has no impact on the policies they put forward, even while such policies actually benefit those same people who are putting them in place.

Oh no, we must instead keep to the myth that Australia is some egalitarian paradise where our history is one of everyone buckling down and working together to forge a nation against the odds. Bugger the rum rebellion, put John Macarthur on the $2 note, and bask in the warmth of misremembered history……

We see this erasure in his speeches where he talks of “school principals and police superintendents” to describe those deserving of a tax cuts as being somehow not wealthy – indeed as very much middle class.

The base level salary for a Victorian police superintendent is $154,412, the median salary for a Victorian school principal in 2015-16 was $113,446. That someone would use such incomes to talk up tax cuts says all you need to know about who he sees as the most deserving.

And here I must admit the media is often hostage to this erasure as well.

Upon the passing of the income tax cuts, one newspaper ran the line “What do low-medium income earners get?” and noted that “From July next year, Australians who earn up to $125,333 will get up to $530 cash-back when they lodge their tax return”.

In 2017 the median income was $52,988 and the top 10% of employees earned more than $109,668. Congratulations to those in the top 10%, you’re now officially middle-income Australia.

It means those who are actually middle and low-income workers are effectively erased from the debate – their situation ignored, and where to even raise it draws a rebuke – how dare you play the class war card! Why do you hate deserving middle class like the police superintendent?

The budget, despite what we might be led to believe, given the tax cuts that have just been passed without any savings measures attached, is not a magic pudding. Money spent on tax cuts to those presented as middle class but who are actually wealthy, means less money for those on actual low and middle incomes.

We do have a class war in Australia, and right now it is being won by those who not only would have you believe it is not occurring – and should not be mentioned – but who also would have you believe that those who are actually well off are doing it tough.

We need to be honest about who makes decisions in this country, how they are made and who they benefit. And we need to be honest about what is the reality for people on low and middle incomes. Failure to do so not only erases them from the debate, it ensures the system remains unchanged.

Read the full article here.

Wednesday 27 June 2018

Council for Civil Liberties condemns regulations allowing for bans on public gatherings on public land



Excerpt from New South Wales Council for Civil Liberties post, 20 June 2018:

NSW Civil Liberties Council (CCL) is appalled to learn that in 12 days, the NSW State Government will have incredibly wide powers to disperse or ban protests, rallies, and virtually any public gathering across about half of all land across the state.

On 16 March this year, the NSW State Government published the Crown Land Management Regulation 2018(NSW). Included was a provision which provided that public officials would have broad power to “direct a person” to stop “Taking part in any gathering, meeting or assembly”. The only exception provided for is “in the case of a cemetery, for the purpose of a religious or other ceremony of burial or commemoration”. Alternatively, public officials have broad discretion to affix a conspicuous sign prohibiting any gathering, meeting or assembly – again, unless the public gathering was a funeral.

Police, Local Council officials, and even so-far unspecified categories of people or government employees could soon have the power to ban people from holding public gatherings on public land. The territory where these incredibly broad powers would apply are called Crown Land - land owned by the State Government. This includes town squares, parks, roads, beaches, community halls and more.

These powers will come into effect from 1 July. If these regulations are allowed to stand, the effect will not just be that protests, rallies and demonstrations can only occur at the sufferance of police and other officials. It will be that virtually all public events will only occur with the tolerance of public officials. Our right to assemble on public land will become something less than a license. That right may temporarily be granted by public officials, but it may just as easily be withdrawn, at any time, for any reason. The penalty for defying such a ban or order to stop meeting in public could be up to $11 000……

The time to speak out against these regulations is now. CCL objects to these regulations in the strongest possible terms, and urges their immediate and unconditional repeal……

Excerpts from Crown Land Management Regulation 2018 under the Crown Land Management Act 2016:

9 Conduct prohibited in dedicated or reserved Crown land

(1) A person must not do any of the following on dedicated or reserved Crown land:

(e) remain in or on the land or any part of the land or any structure or enclosure in or on the land when reasonably requested to leave by an authorised person,  

Maximum penalty: 50 penalty units.

13 Activities that can be prohibited on Crown land by direction or notice under Part 9 of Act (1) Each of the activities specified in the following Table is prescribed for the purposes of sections 9.4 (1) (b), 9.5 (1) (b) and 9.5 (2) of the Act:

3 Holding a meeting or performance or conducting entertainment for money or consideration of any kind, or in a manner likely to cause a nuisance to any person

4 Taking part in any gathering, meeting or assembly (except, in the case of a cemetery, for the purpose of a religious or other ceremony of burial or commemoration)

6 Displaying or causing any sign or notice to be displayed

7 Distributing any circular,


1.7   Definition of “Crown land”

Subject to this Division, each of the following is Crown land for the purposes of this Act:

(a)  land that was Crown land as defined in the Crown Lands Act 1989 immediately before the Act’s repeal,

(b)  land that becomes Crown land because of the operation of a provision of this Act or a declaration made under section 4.4,

(c)  land vested, on and from the repeal of the Crown Lands Act 1989, in the Crown (including when it is vested in the name of the State).

Note.
 Clause 6 of Schedule 7 provides for certain land under Acts repealed by Schedule 8 to become Crown land under this Act. Section 1.10 then provides for this land to be vested in the Crown.
Land that will become Crown land under this Act includes land vested in the Crown that is dedicated for a public purpose. This land was previously excluded from the definition of Crown land in the Crown Lands Act 1989. See also section 1.8 (2).