America begins to gird for battle against Trump's ideological excesses

The American Civil Liberties Union (ACLU) was founded in 1920 and by its own reckoning now is the “leading civil liberties advocate in the Supreme Court. With over 200 staff attorneys and an extensive network of cooperating attorneys, we handle thousands of cases each year on behalf of clients whose rights have been violated”.

On 11 November 2016 it threw down the gauntlet in what may become the biggest battle to retain the full gamut of civil liberties and human rights in America since the 1960s.

Click on image to enlarge

At 7:01 AM on 18 Nov 2016 ACLU tweeted this:

On  the same day the ACLU website displayed this banner.

The Bentley Effect showing at Yamba Cinema, 6.30pm Saturday 19 November 2016

After drilling fifty wells under the radar, in 2010 the CSG industry arrived unannounced, to drill an exploratory well in the peaceful Keerrong Valley in the Northern Rivers. A group of concerned neighbours investigated and alarm bells rang out across the region as the community’s immune system was triggered- the sleeping dragon was awoken.

A trickle of environmentalists and local farmers soon grew to a torrent of concerned citizens from all walks of life - business people, activists, grandmothers, teachers, musicians, nurses, local indigenous mob – and through this unlikely alliance, a wide-scale social movement was born.

Following a series of increasingly dramatic blockades, Metgasco, an unconventional gas exploration company, threw down the gauntlet. They announced their plans to commence drilling a “conventional gas” well on a farmland property in Bentley, a peaceful stretch of country, just 12 minutes’ drive from the township of Lismore.

The community’s response has now become the stuff of legends. From out of this cow paddock rose a highly organised, self-governing tent city – complete with meeting halls, kitchens, cafes, toilets, nurseries and strict codes of non-violent conduct. But with an undertaking of this scale, and in such an energy-charged environment, conflict and drama was inevitable, and there were many challenges as strong personalities clashed, cultures collided and emotional strains were pulled to breaking point.

Labelled by the government as ‘radical extremists’, these people, however, were not your usual suspects. Here at Bentley stood an army of mainly once conservative, every-day Australians uniting with their entire community to fend off the mining threat and protect their land, air and water. They felt they had no choice.

The bravest locked themselves onto cement fixtures blocking the way into the site. Each morning they gathered before dawn at ‘Gate A’ to rally together, set themselves to the tasks of the day and sing the songs that would become their protest anthems. High-profile musicians gave regular pop-up concerts to the delight of the campers, “Simmos” and day-trippers alike. Metgasco and their political supporters rallied too and a growing police force waited in Lismore for orders to break up the blockade. A daily sms message was sent out with the latest intelligence and the community showed up in droves, time and time again, to face the music. The stage was set and over 850 riot police with horses were on standby in Sydney, with orders to remove the protectors.

Told through the eyes of the protectors over a four-year period and intercut with fresh insight from some of the world’s leading social commentators, this now famous standoff at Bentley forces us to ask the question- what is truly valuable? [https://www.facebook.com/thebentleyeffectmovie]

THE BENTLEY EFFECT - one screening only

Q&A after movie

DATE: Saturday 19 November 2016

TIME: 6.30pm

TICKET COST: $20 & $10 for children under 12 years - on sale now

VENUE: Yamba Cinema

13 Coldstream St,

Yamba NSW 2464

PH: (02) 6646 3430

Hopefully the Yamba Mega Port proposal is dead in the water for the foreseeable future

After five years of wondering if the NSW Government would be mad enough to consider an unsolicited proposal to industrialise the Clarence River estuary by constructing a privatised international mega port built on the back of foreign investment, concerned Clarence Valley native title holders, residents, business owners, commercial fishers and farmers now appear to have an answer.

After a number of local people decided to make their concerns as visible as possible through word of mouth, the creation of a credible Facebook presence, distribution of factual leaflets outlining the proposal, the sale of bumper stickers,  a pop-up protest, a science-based information night, writing letters to politicians and lobbying to make the mega port scheme a local issue at both the July 2016 federal election and recent local government election, many more people began to discuss the issue and three things came to pass:

* eight of the nine recently elected Clarence Valley councillors have stated their opposition to the mega port proposal and, both state and federal MPs representing the valley also publicly indicated their lack of support for the scheme;

* the unsolicited proposal is in disarray with Australian Infrastructure Developments Pty Ltd having to admit that it cannot progress the proposal due to state government planning policies and strategies relating to NSW ports; and

* the NSW Minister for Roads, Maritime and Freight, Duncan Gay, has now stated the following.

Letter from NSW Minister for Roads, Maritime and Freight on the subject of the Port of Yamba, 2016

https://www.scribd.com/document/325740039/Letter-from-NSW-Minister-for-Roads-Maritime-and-Freight-on-the-subject-of-the-Port-of-Yamba-2016

This letter expands on a previous letter from Minister Gay to a NSW Greens member of parliament advocating on behalf of yet another concerned local resident.

As the contents of both letters correspond with the view of the Dept. of Premier and Cabinet directly put to a Lower Clarence resident on 17 August 2016, I am hopeful that the proposal for an international mega port in the Clarence River estuary - as envisaged by either Australian Infrastructure Developments Pty Ltd or United First Peoples Syndications Pty Ltd in conjunction with United Land Councils Ltd - will not be considered during the life of this current state parliament.

Once again Clarence Valley communities have demonstrated that when it comes to protecting the Clarence River system on which we all depend; they can act swiftly, with purpose and to effect.

#CENSUSfail: so there was this little survey....

On 21 September 2016 The Sydney Morning Herald reported:

Almost 95 per cent of households have completed a census form despite an embarrassing website outage on census night and lingering political controversy over the national headcount.

The Bureau of Statistics says it already has sufficient data for a "high quality" census, ahead of the deadline for forms on Friday.

The Australian Bureau of Statistics (ABS) also tries to pretend that refusal to complete the census form is the only civil disobedience it has to contend with when collating household responses.

However a little survey which was included in one submission to the Senate Economics References Committee Inquiry into the 2016 Census indicates that the ABS may have other problems with reliability of the data it can subtract from some Census questions.

The possibility that false information has become a significant factor in Census data sets is buttressed by previous findings in the Office of the Australian Information Commissioner (OAIC) Community Attitudes to Privacy Survey Research Report 2013.

Responses of the 1,000 participants in the OAIC combination fixed line/mobile 'phone privacy survey resulted these percentages:

More concerned about providing personal information electronically or online than were 5 years ago – 67%

Concerned about possibility of becoming victim of identity theft or fraud in the next year – 69%

Provided false personal details when completing online forms – 31%

Provided false name when completing online forms – 30%

Refused to deal with government agency/public sector organisation due privacy concerns - 23% 

At some time have refused to supply personal information – 90%.

Excerpt from that little submission to the current Senate inquiry:

---

Q4 If you did fill out the 2016 Census, did you include your real name and address?

This question was required and had 3 answer options from which respondents could choose only one: Yes, No and other.

A substantial majority (74%) of respondents either did not fill out the census form at all or responded in ways intended to frustrate efforts to share their information in ways that could identify them as individuals, match their census data to other data or track their census data from one census to the next. The commonly found terms below are not mutually exclusive of one another.

This high number of people who have chosen not to complete the census or refused specific questions/ removed identifying information is directly relevant to the Inquiry Terms of Reference seeking feedback on impacts on data quality for the 2016 census.

blank false undisclosed persona name pencil postcode address necessary initials trackvariation

Click on the commonly used terms to explore responses or click here to display all responses alphabetically

54 comments provided under 'other'

9/1/2016 8:06 PM : address only.

8/30/2016 8:17 PM : Blank address- name The Householder

9/3/2016 2:05 PM : census not done. Not going to be done either

8/30/2016 11:44 PM : completed address- left names blank

9/2/2016 6:49 AM : created a new persona for street address

9/1/2016 5:19 PM : Current address was already on the form- provided suburb and postcode for other addresses.

9/1/2016 7:10 PM : False name

9/4/2016 11:04 AM : False name- address- and some personal details. Only what I consider relevant to stastical analysis was completed approximately accurately.

9/1/2016 9:25 PM : false name- correct address

9/1/2016 5:38 PM : Filled in address but gave name as UNDISCLOSED

9/1/2016 6:53 PM : First name only. Make the computer work that little bit harder.

8/30/2016 6:35 PM : Gave correct address- no name

8/30/2016 7:08 PM : Gave first name- not last

9/3/2016 5:04 PM : I cut out NAD and identifying bar codres before returning the form

9/3/2016 10:59 AM : I did- but am unhappy about having to do so under threat of a fine

9/2/2016 5:48 PM : I didn't put my real name

8/30/2016 8:17 PM : I do not intend to use my name or address

9/3/2016 7:07 PM : I included a false name for privacy and security reasons.

9/1/2016 8:42 PM : I included it in the palest of blue coloured pencil- so it could not be scanned but required dedicated effort AND inckuded cover letter saying it was complted under duress asnd in great anger at them compromising such an important process.

9/1/2016 6:25 PM : I intend to leave name and address blank

8/30/2016 10:03 PM : I intend to leave name- all addresses (both current and past)- and age blank- to frustrate creation of an SLK or any possible link to past census data

9/3/2016 2:04 PM : I left name blank but the address was already printed on the form

9/1/2016 5:49 PM : I made a statement of objection but I gave Postcode.

9/7/2016 9:09 AM : I made my address suburb only with previous addresses

8/30/2016 7:33 PM : I provided a false name but address and other details were true

8/30/2016 5:05 PM : I put in my postcode and suburb only.

9/2/2016 11:50 AM : I put not necessary for purpose of Census data

9/3/2016 1:54 AM : I redacted identifying information and competed the data section truthfully

9/1/2016 9:15 PM : I used a false name but real address. [This should be a category]

9/6/2016 9:55 PM : i will be using a false name

9/8/2016 5:08 PM : I will do it but am unhappy about it and have no wish to take it seriously again. I think the info will be used for any purpose the govt wants and fear lack of security.

9/1/2016 4:07 PM : I will fill in the Census form when asked to in writing by the Chief Statistician. When I fill it in- I will omit my name and address details.

9/2/2016 11:35 AM : I will leave blank space for my name on the paper form.

9/3/2016 1:12 PM : I will not fill in the form if this is required.

8/30/2016 8:02 PM : I would never provide my name. The ABS is only authorised to hold statistical dat!

9/3/2016 3:45 PM : I'll use false name if/when I do it

8/30/2016 7:08 PM : If I complete the paper form- I will be leaving off my name and address. Still debating whether to do this or boycott.

8/30/2016 7:49 PM : if instructed by chief ABS to complete form- I will not include my name and add

9/1/2016 6:04 PM : Just address as it was printed on the form won't get names though as I feel names make the census a data trawling tool.

9/3/2016 7:27 AM : Misrepresentation of the depth of data linkage-cross referencing and retention

8/30/2016 6:56 PM : No name. Correct address

9/1/2016 6:29 PM : Not in Aus

9/2/2016 8:11 AM : Put initials

8/30/2016 8:20 PM : Real address but a blank name

9/1/2016 5:18 PM : Real address- as it was printed on the paper- fake names.

8/30/2016 6:05 PM : Removed all tracking items on form

9/1/2016 5:30 PM : silent voter ...omitted name

9/1/2016 5:57 PM : Tossed up + in the end did a variation

9/7/2016 5:32 PM : Used a very runny ink from a fountain pen which might 'accidently' smear

9/1/2016 9:21 PM : used married name- which I don't use in real life

9/1/2016 6:21 PM : Yes I did- but reluctantly!!

8/30/2016 6:58 PM : yes- but i didn't really want to

8/31/2016 10:36 PM: Names and DOB blank

9/10/2016 2:44 PM : Stated suburb-postcode-age and gender.

The message is being sent that the Clarence Valley does not want the Clarence River estuary industrialised and says "No" to a mega port - Part 2

NSW Greens Spokesperson for Maritime and Ports letter to NSW Minister for Roads Maritime and Freight, 7 July 2016.

Letter in reply from NSW Minister for Roads, Maritime and Freight, 10 August 2016.

People Power on the Liverpool Plains: Caroona mine to go - will Shenhua Watermark be next?

Congratulations to the people of the Liverpool Plains. You deserve this victory.

ABC News, 11 August 2016:

The NSW Government will buy back BHP's licence for the Caroona coal mine on the Liverpool Plains, ending a decade-long fight by farmers to shut down the project.

inflation, meaning the total price tag is around $220 million.

The exploration licence was issued in 2006 for underground coal mining covering approximately 344 square kilometres in the Liverpool Plains — an area of prime agricultural land.

The State Government said after careful consideration it determined the mine posed too great a risk to the future of the food bowl and its underground water sources.

The Deputy Premier and Nationals leader Troy Grant said the decision was in the best interests of the local community….

Yahoo News, 7 July 2016:

The Mining Gateway Panel has flagged six deficiencies in BHP Billiton's Caroona Coal Mining Project.
NSW Farmers and local landholders have slammed the gateway's lack of authority to shut the project down.

Hopefully the Baird Government will resist federal government pressure and go on to address the issue of Shenhua Watermark open cut coal mine and associated coal seam gas project.

Memo to potential investors in the Yamba Mega Port scheme

No Yamba Mega Port map

Dear Potential Investors,

You may have seen promotional material created by Australian Infrastructure Developments Pty Ltd or Y.P.R. Australia Pty Ltd for the unsolicited proposal often called the Port Yamba Development (Eastgate) or the Yamba Port Rail Project.

The material probably looks rather intriguing to many of you.

However, there are some matters that this promotional material either does not address or merely skates over.

Today is Wednesday, 10 August 2016.

This is the Port of Yamba Development project timeline still up on Australian Infrastructure Developments’ official company website:

Even if one allowed for the possibility that the NSW Baird Government is politically suicidal enough to give consent for a mega port in the Clarence River estuary and that the first terminals would not be operational until 31 December 2018, that only leaves Des Euen, Thomas Chiu and Lee Purves a mere 873 days to push this project to Stage 1 bulk terminals completion.

Before any part of the extensive port expansion scheme can be progressed there is the sensitive matter of Dirrangun reef, the breakwater walls and possibly the internal training walls, to be addressed. 

Once the potential impact of the removal or significant alteration of breakwater walls sinks in with the communities of Iluka and Yamba I suspect that the friction between community and Yamba Port Rail proponents will increase dramatically.

If any activity required to open up the river entrance for those mega ships looks like placing Dirrangun at risk I’m sure that the Yaegl people, who have now spent twenty years fighting to legally protect their river and dream time reef, will not be happy with the port expansion proceeding and they will have a right to be concerned. A right that is now legally recognized as existing since before written history began in Australia.

As neither Des, Thomas or Lee has held a public information night for Lower Clarence communities to date, that particular failure is going to place a drag on the company’s project timetable from the start.

The hypothetical clock is now ticking.

The dredging of an est. 20km of navigation channel inside the river, at the very least is going to require:

*negotiations with NSW government departments/agencies;

* a least two advertised tender invitations if investors are not planning to just throw their money away;

*sediment sampling at the proposed dredging site and particle size distribution and acid sulphate soils testing to assess sediment properties over the full depth to be dredged;

*assessment of potential impacts on threatened species including wading birds along the est 20 km length of the dredging site;

*assessment of potential noise impacts including what day or night hours of dredging/placement are acceptable; 

* the creation of a dredge spoil management plan;and

*consultation with Birrigan Gargle Local Aboriginal Land Council, Yaegl Traditional Owners Corporation as native title trustees, the general public, local residents and commercial operators, commercial and recreational fishermen, waterway users and environmental groups.

Staying with this hypothetical scenario. Once these lengthy negotiations, assessments and consultations are finalised I suspect the actual dredge and spoil disposal would take up to three years to complete. After all this dredge has to remove at least est.13 metres of river bed in every square metre of a continuous 20 km long line an est 60m wide.

Add to this the time needed to purchase privately held regionally important farm land which the company hasn’t even commenced yet – land held by a number of individual owners some of who are adamant they will not sell - and then allow time for the rezoning process which is bound to be resisted by local residents and affected Lower Clarence communities.  Now those 873 days are beginning to look very inadequate.

At this moment you may be thinking that if all the individual planning procedures were undertaken at the same time the port expansion might move forward faster. However, any large project is only as fast as its slowest strand of required assessment/modelling/
testing and this particular project is being undertaken by a company which admits it has never handled any sort of development project before.

By the time one factors in the many studies required to create a viable development application to commence construction of the built environment then 2023 would not be seen as a long enough time frame to finish Stage 1 bulk terminals.

Some of these studies would be obliged to include the sourcing, transport and stabilzation of enough fill to raise 36 sq.km of terminals and berths above projected flood levels and modelling of existing & changed flooding conditions - because all the proposed terminal & berth areas will be submerged in a 1 in 100 flood to est. depths of 0.05 to 2.8m unless the land is raised. 

At this point in the development process state and local government may become alarmed at the amount of flood water in even a 1 in 20 year flood that will be displaced by a mega port at the end of this ancient floodplain. 

Displaced water (that has likely in some flood events to come at some speed down both the Clarence River and out of the Esk River) which will almost inevitably inundate the proposed remaining undeveloped half of Palmers Island, along with low lying sections of  Woombah, Iluka, Yamba and Wooloweyah, as well as exacerbate upriver flooding as far as Maclean. Quite rightly both tiers of government would quail at the thought of this occurring in conjunction with a king tide entering the mouth of the Clarence River and the clock might be permanently stopped on the mega port scheme then and there.

If not and planning madness prevails, the fact that a freight road bridge and new road/s would need to be built so that bulk product can actually reach the bulk terminals - because Stage 1 will not see a completed Pacific West Rail Link stretching from the coast to north-west NSW - and 2023 turns into a rather sad phantasy because the number of planning hoops the company has to jump through just grew in number.

Australian Infrastructure Developments and its shadowy backers would be foolish to believe that Stage 1 would be remotely achievable by 2028.

It is hard to imagine that Australian Infrastructure Developments will ever be able to establish the social contract with the Clarence Valley it needs to proceed, when its grand plan will diminish or destroy so many existing aesthetic, environmental, cultural, social and economic values within the estuary.

Twelve years is a long time to have investment money tied up in a mega port scheme that in all probability will be successfully scuppered by Northern Rivers people power.

Twelve years in which your company reputations and that of your principal shareholders will be held up for global scrutiny. 

Given the power of almost instant communication that the Internet will give to over 50,000 people and the ability of anyone of those with a personal computer to identify and research your company or superannuation fund, are you sure that the hope of future financial returns is worth the public relations risk?

If you think I exaggerate, ask Metgasco Limited what community resistance across the Northern Rivers did to its plans to develop gas fields.

So, potential investors – you might like to consider taking your money and committing it to an infrastructure project in a locality that actually wants what you believe you have to offer.

This is entirely friendly advice, because I like many others would prefer quietly enjoying the Clarence River estuary and the easy, relaxed lifestyle its healthy environment allows me, rather than spending the next twelve years as part of a peaceful but relentlessly effective grassroots protest movement making your corporate lives a misery.

Sincerely,

Clarencegirl

Mouth of the Clarence River