Dorrigo Environment Watch contradicts Anchor Resources claims concerning community consultation

Community consultation contradictions

In early November 2011 Dorrigo Environment Watch Inc undertook a survey of local residents near the Wild Cattle Creek Mine to substantiate Anchor Resource’s claims of wide community consultation. The results of the survey contradict these claims.

In an interview with Katya Quigley Coffs Coast ABC Radio on October 6^th  2011 Anchor Resources General Manager Ian Price quoted ‘Anchor since it started exploration drilling, in about 2009 has consulted widely with the local residents particularly in the area affected by the project. We continue to do that as there are changes and we planned to do activities that’s included letter drops and face to face meetings with people. We are continuing that consultation into the local community, distributing an updated brochure to people in the community and will continue to do that work.’

A follow on interview on the 18^th November 2011 reiterated Anchor’s claims about widely consulting with the local community and their community engagement project. 

Results from the survey found that 52% of landholders had received no communication from Anchor Resources, whilst 26% were contacted in 2009 with no further communication since. 17% of landholders had communications in 2009 and 2010 and 13% of landholders have been communicated with between 2009 to 2011. One of these landholders received over 96 emails from Anchor Resources in a 2 year period, mostly in relation to access agreements. The landholder survey conducted included 88% of known residents along Lower Bielsdown Road.

DEW is alarmed by the comments made by Mr Price in relation to community consultation. It is very misleading to state publicly that Anchor Resources has been consulting widely with the community and specifically with those living near the area most affected by the project when the survey findings clearly showed that a very small proportion of residents have actually been consulted. We feel false and misleading information about our community is being presented by Anchor Resources. Given this and Anchor Resources' refusal to attend or accept invitations to community public forums it follows a pattern occurring in communities throughout NSW affected by mining, where mining companies use tactics that have been described in parliament as ‘divide and conquer’.  We invite Anchor Resources to adopt best practice community engagement including organising and hosting an open public forum in Dorrigo where all community members are welcome.

Dorrigo Environment Watch Media Release 7 December 2011

Senate Coal Seam Gas Report Calls For Approvals Moratorium Until Scientific Studies Completed and Reviewed

Media Release

SENATOR THE HON. BILL HEFFERNAN

Liberal Senator for New South Wales

For further information please contact Office of Senator the Hon. Bill Heffernan (02) 62773610

Senate Report into Coal Seam Gas

Senator Bill Heffernan, the Chairman of the Senate Standing References Committee on Rural Affairs & Transport today released the Committee's report on the Impact of Coal Seam Gas Extraction on the Murray-Darling Basin. The report considers the potential impact of the industry on Basin groundwater resources, agricultural land and regional communities.

The Committee, as part of that general inquiry has been examining the economic, social and environmental impacts of mining coal seam gas on:

·         the sustainability of water aquifers and future water licensing arrangements;

·         the property rights and values of landholders;

·         the sustainability of prime agricultural land and Australia’s food task;

·         the social and economic benefits or otherwise for regional towns and the effective management of relationships between mining and other interests; and other related matters including health impacts.

This report concentrates on CSG developments within the Murray-Darling Basin which are the focus of the industry and of public concern, in particular, the security of the gas wells. The main regions of concern to this Committee, where the industry is expanding very rapidly, are in south-west Queensland and north-west New South Wales.

Some of the recommendations include Commonwealth and State governments conducting a thorough review of the appropriateness of 'adaptive management in the context of regulating the industry. A consistent, national regulatory framework for all aspects of the coal seam gas industry should be promoted.

Groundwater is a vital resource for agricultural, domestic and urban use across much of the Murray-Darling Basin and nor can it be considered in isolation from surface water. The major risks associated with the coal seam gas industry are whether it has the potential to significantly deplete the groundwater on which agriculture and regional communities depend, to contaminate higher quality water, to alter the hydrology of the affected regions, or to do irreparable damage to the aquifers containing that water.

The Committee recommends that further approvals of CSG production should not be considered until studies of the Basin water resources being conducted by the CSIRO & Geoscience Australia, the Queensland Government and the Namoi Catchment Study are completed and their findings reviewed. The Committee also recommends that the Water Act be amended to include the Great Artesian Basin in the definition of the Murray-Darling Basin water resources. Similarly it recommends that the sustainable use of the Great Artesian Basin be recognised as a matter of national environmental significance under the Environmental Protection & Biodiversity Conservation (EPBC) Act.

The Committee recommends that it be a requirement of all exploration or production approvals that the fluids extracted from wells after fraccing are kept isolated in secure separate storages and prior to disposal are treated to the highest standards.

The Committee is deeply concerned with brine and salt residues – more than 700,000 tonnes of salt will be produced every year . It recommends that salt and brine be removed from agricultural regions and water catchments. If salt and brine residues cannot be disposed within the short term, then it should be removed from agricultural areas and water catchments and no controlled landfills for the disposal of salt should be permitted in the Murray-Darling Basin.

The Commonwealth and the States should establish an independently managed trust funded by the gas companies to make financial provision for long-term rectification of problems such as leaks in sealed wells or subsidence and erosion caused by collapsing pipelines.

The gas industry has the potential to have a severe impact on agricultural productivity in the Basin. The Committee recommends that gas production be excluded from highly productive agricultural land and, where the industry and agriculture do coexist, that the maintenance of agricultural productivity take priority over the needs of the gas industry in any dispute between landholders and the industry.

"The challenge for the global food task is to produce more food with less water, less fertiliser and less agricultural land against the background of the science which says by 2050, the world's population will be 9 billion, 50% of the world's population will be poor for water, one billion people will be unable to feed themselves, 30% of the productive land of Asia will have gone out of production due to urbanisation and climate change, two-thirds of the world's population will live in Asia, the food task would have doubled and more importantly 1.6 billion people could be displaced on this planet." said Senator Heffernan.

The Committee recommends that draft access agreements between landholders and gas companies include a requirement that company employees must have a landholder's approval whenever they wish to enter a property and that companies must maintain logs of staff entering private property.

The Committee, recognising that many of the issues relating to this industry are the constitutional responsibility of the States recommends that the Commonwealth, in forums such as the Council of Australian Governments (COAG)and the Standing Council for Energy and Resources take the initiative in working towards a coordinated national approach to the regulation of this industry.

The Committee will continue to monitor developments in the CSG industry in 2012. For more information about the report, please visit the following website:

www.aph.gov.au/senate/Committee/rat_ctte/mdb/index.htm

30 November 2011

NSW Noxious and Environmental Weed Control Handbook (5th edition) now available

The NSW Department of Primary Industries has just released its latest update of a ‘weed bible’ in the hope of encouraging landowners to responsibly manage personal and business responses to weed infestations:

This handbook has been compiled as a guide for noxious and environmental weed control in non-crop, aquatic and bushland situations.

Contents include:

·         Integrated weed management

·         Managing your legal responsibilities when applying pesticides

·         Reducing herbicide spray drift

·         Using adjuvants with herbicides

·         Cleaning and decontaminating boom sprays and spot sprayers

·         Withholding periods

·         Herbicide resistance

·         Control techniques using herbicides

·         Weeds declared noxious in New South Wales

·         Pesticide permits

·         Noxious and environmental weed control

·         Gas gun/splatter gun application

·         Appendix 1: Spray calibration methods

DOWNLOADS:

 Noxious and environmental weed control handbook - Full version

Noxious Weeds Handbook for Councils and Councillors - Full version

Clarence By-Election: Ellem puts Gulaptis on the CSG spot

Ellem (left centre) and Woods (right centre) on the banks of the Clarence River

Media Release Thursday, 10 November 2011

COUNTRY LABOR CALLS FOR SUSPENSION
OF COAL SEAM GAS EXPLORATION

ELLEM AND WOODS TEAM UP TO PROTECT OUR RIVERS

Country Labor candidate for the Clarence by-election, Peter Ellem today called on the O'Farrell-Stoner Government to suspend all current Coal Seam Gas exploration licenses to protect the Clarence and Richmond rivers.

Mr Ellem was joined by the former Member for Clarence, Harry Woods who has come out of retirement and thrown his weight behind Peter's by-election campaign.

"I'm calling on the O'Farrell-Stoner Government to immediately suspend all Coal Seam Gas exploration licenses before irreparable damage is caused to ground water and aquifers in the Northern Rivers," Mr Ellem said.

"I'm also demanding the O'Farrell-Stoner Government cease issuing Coal Seam Gas extraction licenses and refuse any applications to expand existing operations.

"Coal Seam Gas has the potential to damage our local rivers, drinking water, prime agricultural land, fishing industry and tourism industry.

"The NSW Labor Opposition believes that until a regulatory framework is in place based on independent scientific research and conclusive evidence, we should not be allowing Coal Seam Gas mining to proceed freely.

"The National Party has let the people of country NSW down on Coal Seam Gas – Andrew Stoner isn’t willing to put our rivers and prime agricultural land first."

Former Member for the Clarence, Harry Woods backed the Country Labor stance on Coal Seam Gas and demanded the Nationals' candidate Chris Gulaptis reveal his position to the community.

"Chris Gulaptis is a fly-in, fly-out candidate who will be back on a plane to Queensland quick smart if the going gets tough," Mr Woods said.

"I'd like to hear what Mr Gulaptis will do to protect our river, considering his involvement with the mining industry during his time in Queensland.

"Mr Gulaptis talked about how he loved being ‘back in a community where mining was big’ during his time in Mackay. I think local residents deserve to hear about what his plans are to deal with Coal Seam Gas in Clarence.

"This by-election is a once-in-a-generation opportunity to send a message to the O'Farrell-Stoner Government about Coal Seam Gas on behalf of all country people."

MEDIA CONTACT: COURTNEY ROCHE 0413 055 189

O'Farrell Government exposes itself as a ship of fools

The Hon Robyn Parker, Minister for the Environment, and Minister for Heritage, exposes the level of her incompetence concerning matters affecting the NSW North Coast.NSW Parliament Legislative Council Environment and Heritage Committee - Estimates Hearing, 27 October 2011

NSW North Coast antimony contamination makes it onto national television

From A Clarence Valley Protest on 22 October 2011:

21-22 October 2011 media coverage of NSW North Coast antimony contamination risks

The ABC TV program 7.30 NSW aired graphic footage of existing antimony contamination and canvassed the risks of reopening an old Wild Cattle Creek antimony mine in the Clarence River catchment.

It can be viewed here:
http://www.abc.net.au

The Sydney Morning Herald also addressed the issue of historic and recent contamination from the Hillgrove antimony mine:

A PLUME of toxic pollution from an old antimony mine appears to have killed fish for dozens of kilometres along the Macleay River in northern NSW.....
a study published by the CSIRO in 2009 described the waterways near the mothballed mine as ''highly contaminated'' and estimated about 7000 tonnes of waste had accumulated along the bed of the Macleay River.
Water tests have shown antimony levels at 250 times background levels, with high levels detected along the river to the coast at Urunga, where the mineral was once processed for export.

 The ABC program is remarkable for its vivid illustration of the incompetence of the current NSW Environment Minister Robyn Parker and, her willingness to utter untruths.

http://youtu.be/i_Nbmk2eNBQ

Any concerned North Coast residents who may wish to express their opinions on the matter of mining in the environmentally sensitive Nymboida River section of the wider Clarence River catchment might like to consider emailing the following politicians:

NSW Premier Barry O’Farrell MP at office@premier.nsw.gov.au

NSW Deputy Premier Andrew Stoner at  office@deputypremier.nsw.gov.au and oxley@parliament.nsw.gov.au

NSW Minister for Resources and Energy Chris Hartcher at office@hartcher.minister.nsw.gov.au

NSW Minister for the North Coast Don Page at office@page.minister.nsw.gov.au

NSW Minister for the Environment Robyn Parker at Robyn.Parker@parliament.nsw.gov.au

NSW Minister for Planning and Infrastructure Brad Hazzard at office@hazzard.minister.nsw. gov.au

NSW Minister for Tourism, Major Events, Hospitality and Racing George Souris at office@souris.minister.nsw.gov.au

NSW Minister for Primary Industries Katrina Hodgkinson at office@hodgkinson.minister.nsw.gov.au

NSW Duty MP for Clarence Rick Colless at rick.colless@parliament.nsw.gov.au.

NSW Leader of the Opposition John Robertson at blacktown@parliament.nsw.gov.au   

NSW Shadow Minister for the Environment and Climate Change, Shadow Minister for Water, Shadow Minister for Energy Luke Foley at Luke.Foley@parliament.nsw.gov.au

NSW Shadow Minister for Planning, Infrastructure and Heritage Linda Burney at linda.burney@parliament.nsw.gov.au

NSW Shadow Minister for Resources and Primary Industries,  as well as Shadow Minister for Tourism Major Events Hospitality and Racing, Steve Whan at steve.whan@parliament.nsw.gov.au

Federal Minister for Sustainability, Environment, Water, Population and Communities Tony Burke at Tony.Burke.MP@environment.gov.au

Federal Minister for Infrastructure and Transport Anthony Albanese at A.Albanese.MP@aph.gov.au

Federal Independent Member for Lyne Rob Oakeshott at robert.oakeshott.mp@aph.gov.au

Federal Independent Member for New England Tony Windsor at http://www.tonywindsor.com.au/contact.html

UPDATE:

The Greens called on the NSW Environment Minister, Robyn Parker, to explain why she told the ABC that testing on fish had been conducted, when the Department of Primary Industries said it had not.

Ramsey's destructive dummy spit creates political problem for Nationals in Clarence By-election

Ramsey Food Processing and Stuart Bruce Ramsey's response to recent court proceedings which went against them resulted in an announcement that 'Ramsey Group' was closing the South Grafton abattoir and moving its meat processing business to Casino with the loss of around 200 jobs from the Clarence Valley economy.

Ramsey has existing business interests in Casino as Ramsey Wholesale Meats Pty Ltd and Ramsey Holdings Pty Ltd are already based there.

Hot on the heels of various court judgments (including a finding of contempt, a $130,000 fine and a order to compensate sacked workers) a Ramsey spokesperson attempted to blame state government for the decision to abandon Grafton in favour of Casino.

The local response to this explanation of a move which is going to hit the bottom line of many Grafton businesses was quick and definite - Ramsey had only himself to blame.

That the Nationals find this a politically sensitive issue is evidenced by the extraordinary assertion of Clarence Duty MLC, Rick Colless, that the O'Farrell Government was prepared to subvert the authority of the Court by dismissing the fines imposed by the New South Wales Land and Environment Court in August last year.

As Mr. Ramsey has apparently rejected this offer one can only suppose that he was angling for a higher level of financial support from the NSW Government than that represented by this proposed waiver. 

Leaving the NSW Nationals attempting to blame the punitive measures that the previous government had imposed upon them, the fines that they had imposed upon them for the loss of so many local jobs. Rather than placing the blame squarely where it belongs -on Ramsey's poor business decisions.

As well as chasing Ramsey cap in hand to see if they can throw more money at him, as the political pain widens in the Clarence electorate and the epitaph mongrels is freely tossed about:

Nationals' State Leader and Deputy Premier Andrew Stoner was already working on a "co-ordinated response" to the abattoir closure, he said.

The Department of Trade and Investment, Regional Infrastructure and Services would seek a meeting with the owners of the Ramsey Abattoir next week, a spokesman for Mr Stoner said.

"This meeting will involve discussions about the circumstances of the abattoir's closure and determine whether the NSW Government can assist any businesses and individuals affected by the job losses that may result from the proprietor's decision to relocate to Casino," Mr Stoner said.

[The Daily Examiner, Abattoir jobs cut Closure is 'final straw': Small businesses are already struggling: Chamber,22 October 2011,p1]

While the Nationals candidate in the forthcoming by-election (and well-known supporter of the former Howard Goverment's WorkChoices laws) Chris Gulaptis also ignores the Ramsey Group's long history of worker exploitation and Stuart Ramsey's lucrative horse racing interests when he offers this excuse for Ramsey in The Casino Times on 20 October 2011:

"This is a sad outcome for everyone involved and really marks the end of a long and difficult situation going back a number of years over some waste management issues...
It is my understanding that significant investment would have been required in the plant to meet environmental requirements and that, given the economic uncertainty both in Australia and globally, the owners were not able to make that investment."

Of course, the Coalition has always been a friend to Stuart Ramsey. This is Liberal MLC Charlie Lynn lobbying on the floor of the NSW Parliament in 2001:

The news for Mr Ramsey's abattoir is that his business costs for workers compensation are about to double. I will say that again for the benefit of Country Labor members: Mr Ramsey's workers compensation business costs are about to double......
In the last three years the Grafton abattoir has paid $500,000 a year in workers compensation premiums. It has had to pay out on claims of $120,000. It cares for its workers' safety and welfare—they are family, it is a genuine concern.

UPDATE - Some background:

A year when Stuart Ramsey actually liked a NSW Government - it was giving him money.

Clarence River Drovers - a video photo essay by Debrah Novak

Clarence River Drovers by Debrah Novak from Debrah Novak on Vimeo.

The ABC is so impressed with the result that Clarence River Drovers has been selected to screen on TV. Tune in to the ABC Open slots on ABC 24News on December 15 at 9.57am and 8.57 pm.

Ramsey loses in the courts and kicks Grafton community in the teeth

In an ultimate act of corporate betrayal Ramsey Food Processing Pty Ltd and Stuart Ramsey have decided to close down the South Grafton abattoir he has controlled since 1998, after successive losses in Federal and NSW courts resulted in significant monetary penalties for his group of companies.

Not only will this business closure affect many of the 150 abattoir workers who may not be able to transfer elsewhere (rumour has it that workers may not receive full entitlements on termination), it is bound to have a flow-on effect for the Grafton Sale Yards.

While folding the Grafton business, Stuart Ramsey intends to continue in the meat industry via the 78 year-old  Northern Co-operative Meat Company in Casino - a business which earlier this year was threatening to lay off workers and one which has its own workplace issues.

Ramsey, a Hunter Valley horse breeder and racer who owns Turangga Farm Stud, will of course continue with his million dollar interests elsewhere in 2011:

Karuta Queen is another smart horse bred by Stuart Ramsey in the short time he has had the Turangga stud, Segenhoe Valley, Scone. Another is Headway (by another Arrowfield sire, Charge Forward), winner of the AJC Sweet Embrace Stakes and VRC Ascot Vale Stakes and runner up in the Golden Slipper.Turangga itself plays host to a Golden Slipper second, Ramsey’s foundation sire Zizou, one whose first 2-year-olds are predicted to do well in 2011-12. Also second in the Blue Diamond and accoladed a champion 2-year-old, Zizou is by the Mr. Prospector Kentucky Derby winner Fusaichi Pegasus and from Natural is My Name, a half-sister to Karuta Queen’s sire Not a Single Doubt.

Seven of the yearlings they sold at the Magic Millions sale each realised $100,000 or more with the high being $500,000

Christy Moore - Ordinary Man

Powered by mp3skull.com

While Ramsey blames the government for his woes, a brief history of the 'Ramsey Group' courtesy of Austlii indicates other reasons are at the root of his problems:

1. Fair Work Ombudsman v Ramsey Food Processing Pty Ltd [2011] FCA 1176 (19 October 2011) (From Federal Court of Australia; 19 October 2011; 165 KB) 
2. Environment Protection Authority v Ramsey Food Processing Pty Ltd [2010] NSWLEC 150 (10 August 2010) (From Land and Environment Court of New South Wales; 10 August 2010; 33 KB)  
3. Environment Protection Authority v Ramsey Food Processing Pty Ltd [2010] NSWLEC 23 (24 February 2010) (From Land and Environment Court of New South Wales; 24 February 2010; 120 KB)  
4. Peter Geoffrey Wright v Ramsey Food Packaging No. 2 Pty Ltd - [2007] AIRC 606 (8 August 2007) (From Australian Industrial Relations Commission; 8 August 2007; 58 KB) 
5. McIlwain v Ramsey Food Packaging Pty Ltd (No. 4) [2006] FCA 1302 (4 October 2006) (From Federal Court of Australia; 4 October 2006; 188 KB)  
6. McIlwain v Ramsey Food Packaging Pty Ltd [2006] FCA 828 (30 June 2006) (From Federal Court of Australia; 30 June 2006; 445 KB)  
7. McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1233 (2 September 2005) (From Federal Court of Australia; 2 September 2005; 156 KB)  
8. Ramsey Butchering Services Pty Ltd v Blackadder [2003] FCAFC 20 (21 February 2003)
   (From Federal Court of Australia - Full Court; 21 February 2003; 138 KB)  
9. Blackadder v Ramsey Butchering Services Pty Ltd (includes corrigendum dated 10 May 2002) [2002] FCA 603 (10 May 2002) (From Federal Court of Australia; 10 May 2002; 80 KB) 

North Coast Voices 19 October 2011: Ramsey ordered to compensate sacked workers
The Daily Examiner 15 October 2011: Ramsey in contempt

UPDATE:

Ramsey to deny redundancy package to some workers.

Ramsey has only himself to blame.

Byron turned out to say no to coal seam gas mining

Photograph from Northern Rivers Guardians website

Byron Bay makes its views known on the subject of coal seam gas mining as part of the Lock The Gate /Defend Our Water National Day of Action on October 16 2011:

Photographs from Facebook and Common Ground Byron Bay

The O'Farrell Government is not listening as it endorses fraccing in its submission to the NSW Inquiry into Coal seam gas.

Nature Conservation Council of NSW warning concerning O'Farrell Government coal seam gas policy

Government leaves significant wildlife habitat and natural areas open to mining and gas 15 October 2011:

The NSW government's proposed strategic land use policy will leave the state's most critical wildlife habitat and natural areas open to destructive mining and gas development, according to the Nature Conservation Council of NSW.
The proposed policy allows mining companies to buy their way into highly sensitive natural areas, by allowing mining and gas development to go ahead in these areas, provided that the destroyed habitat is 'offset' elsewhere.
"The policy proposals currently on the table will not deliver on the government's election promise to maintain critical environmental assets by placing sensitive areas off limits to mining and gas extraction," said Pepe Clarke, NCC Chief Executive Officer.
"Carefully mapping the most important wildlife habitat in the state, only to allow it to be destroyed by mining, is bizarre and totally unacceptable. The Government must recognise these are natural areas too precious to destroy and impossible to replace.
"The government's strategic planning proposal does not apply to exploration activities, despite the fact that exploration activities can have significant impacts on the environment in their own right.
"The NSW government's proposed approach to strategic land use planning does not reflect the balance between mining, agriculture and conservation promised by the Coalition in its election policy.
"We cannot accept a policy that does not provide certainty for mine‐affected communities and genuine protection for wildlife, forests, rivers and wetlands.
"Environmental and agricultural stakeholders have become increasingly frustrated with the government's strategic land use planning process, as their repeated calls for the government to honour its promise to place sensitive areas off limits to mining have fallen on deaf ears.
"The State government must not turn its back on its promise to protect natural areas and local communities from the destructive impacts of unprecedented expansion in coal and gas development.
"This policy proposal must be withdrawn immediately, and replaced with a commitment to provide real protection for local communities, farmland, water and natural areas," Mr Clarke said.

Front page image: This Eastern Pygmy Possum was found by scientists during a recent wildlife survey of the Pilliga forest. It is one of at least 22 endangered animal species under threat from a large-scale coal seam gas mining proposal in the Pilliga.

Here is the Eastern Star Gas 2007 Review of Environmental Factors for the Pilliga gas well sites, which somewhat conveniently only finds four threatened terrestrial vertebrate species occurring in the study area - none of which are the Eastern Pygmy Possum. This review also finds some of the segmented study area conveniently distant from at least five of the six identified core hole sites.
This same review stated across the Bohena and Bibblewindi project areas have found no evidence of any endangered populations, communities or habitat and

To date, the flora surveying conducted across the CSG project area is yet to identify any individual or communities of threatened or vulnerable species within the operational area.

Perhaps there is a lesson here for Northern Rivers communities when it comes to how they assess material supplied to government by mining companies intent on furthering their own business aims.

Biosecurity: a lesson begging to be learned

With free trade agreements placing so much pressure on Australia’s biosecurity regimes, it is well to remember that failure to stop the introduction and spread of agricultural pests and diseases is often the norm elsewhere.

CBS News 10 October 2011:

FRESNO, Calif. - Dozens of foreign insects and plant diseases slipped undetected into the United States in the years after 9/11, when authorities were so focused on preventing another attack that they overlooked a pest explosion that threatened the quality of the nation's food supply.

At the time, hundreds of agricultural scientists responsible for stopping invasive species at the border were reassigned to anti-terrorism duties in the newly formed Homeland Security Department — a move that scientists say cost billions of dollars in crop damage and eradication efforts from California vineyards to Florida citrus groves.

The consequences come home to consumers in the form of higher grocery prices, substandard produce and the risk of environmental damage from chemicals needed to combat the pests.

An Associated Press analysis of inspection records found that border-protection officials were so engrossed in stopping terrorists that they all but ignored the country's exposure to destructive new insects and infections — a quietly growing menace that has been attacking fruits and vegetables and even prized forests ever since.

"Whether they know it or not, every person in the country is affected by this, whether by the quality or cost of their food, the pesticide residue on food or not being able to enjoy the outdoors because beetles are killing off the trees," said Mark Hoddle, an entomologist specializing in invasive species at the University of California, Riverside.

Homeland Security officials acknowledge making mistakes and say they are now working to step up agricultural inspections at border checkpoints, airports and seaports.

Beating up on bats has become the favourite pastime of the environmentally ignorant

"The stink is so bad it wakes us at night and we can't open the windows of a day.”

“…I'm always cleaning bat poo off the patio..”
"rodents"

“…. they have to be eradicated,"

"In the summertime, kids swim in there. Quite frankly, their health is at risk,"

These are selected quotes given by the pair pictured above (and a handful of unidentified neighbours) when interviewed in The Mainbrace, Yamba by The Daily Examiner on 19 September 2011.

Sounds like a terrible state of affairs having what is probably a seasonal flying fox camp in a very large reserve on the opposite side of the road, doesn’t it?

The reality is somewhat different. No street thick with guano, no terrible smell, flying foxes roosting to the middle of the wide reserve and not in the trees and shrubs adjoining the footpath and, even at high tide no area suitable for swimming as the reserve is predominately mudflats and marsh with a heavily silted up creek running through its centre.

The clean street

The flying foxes (zoom lens)

Some of the trees at the reserve edge with no flying foxes

A section of marsh

U.S. organic seed growers find friends in their fight against self-replicating GM technology

In the matter of ORGANIC SEED GROWERS AND TRADE ASSOCIATION, et al v MONSANTO COMPANY AND MONSANTO TECHNOLOGY LLC; the summary from the amicus brief lodged by Farm and Ranch Freedom Alliance, Biodynamic Farming and Gardening Association, Carolina Farm Stewardship Association, Ecological Famers of Ontario, Fair Food Matters, International Organic Inspectors Association, Michigan Land Trustees, Natural Environment Ecological Management, Nebraska Sustainable Agriculture Association, Organic Council of Ontario, Slow Food USA, and Virginia Independent Consumers and Farmers Association.

Case 1:11-cv-02163-NRB Document 39 Filed 08/10/11 Page 9 of 23

SUMMARY

Monsanto has a track record of aggressive enforcement of its patent rights. Monsanto has sued or settled with hundreds of farmers, and investigated unknown numbers more. Because of the nature of Monsanto’s patented seeds, the individual Plaintiffs and the farmer members of Plaintiff organizations (hereinafter collectively “Plaintiff farmers”) cannot avoid infringing on Monsanto’s patents unless they entirely abandon growing corn, soybeans, canola, cotton, sugar beets, and, as of this year, alfalfa. While Monsanto tries to downplay the threat of enforcement by pointing to its “commitment” not to sue farmers for “trace” infringement, this provides no enforceable protections for Plaintiffs. Because of the nature of the patented seeds and the realities of farming, it is certain that at least some of the Plaintiff farmers already have more than trace contamination, and the number of such affected farmers will only grow over time. While many of the Plaintiff farmers are certified organic, not all are, so the simple fact that Monsanto has yet to sue a certified organic farmer has no impact on their standing.

Not only does Monsanto’s patented technology inevitably lead to infringement through no fault of the Plaintiffs, but, by their design, the majority of Monsanto’s patented crops only

provide the alleged benefits if a farmer applies herbicides, specifically Roundup®, directly to the crop. Monsanto could easily protect its patent rights by agreeing not to sue for unintentional contamination absent an affirmative action by the farmer to make use of the patented traits. By failing to do so, and instead offering an ambiguous and ultimately meaningless commitment, Monsanto has made it clear that it intends to maintain the threat of patent infringement lawsuits against Plaintiff farmers and those similarly situated.

Plaintiff farmers have, by the simple act of farming corn, soybeans, canola, cotton, sugar beets, or alfalfa crops, undertaken meaningful steps towards infringement. Due to Monsanto’s

decision to release patented seeds and market them for widespread planting, it is now impossible for farmers to remain 100% free of genetically modified crops because of the multitude of ways that contamination can occur.

Given the difficulties in minimizing GM contamination, farmers must make numerous decisions about which steps are worthwhile for them and which steps are not. They are not able

to make these decisions based on their own and their customers’ interests, but must instead make these decisions with the threat of litigation against a giant corporation looming over their heads. The constant threat of a patent infringement suit by Monsanto creates significant, unquantifiable costs for the Plaintiff farmers and similarly situated farmers. Unless this Court allows this case to proceed, the Plaintiff farmers will face the choice of abandoning growing such crops or risking prosecution whenever Monsanto chooses.

More on OSGATA here.