Protecting The Leard Forest: one of the many reasons why Environmental Defenders Office NSW is a vital asset in relation to good governance & safeguarding both community interest and the natural environment

Lock The Gate Alliance media release:

Legal Action Launched to Stop Clearing in Leard Forest

Posted by Jane Hammond on June 06, 2014

The Maules Creek Community Council (MCCC) has today launched legal action in court to stop the clearing of Leard State Forest for the controversial Maules Creek Coal Mine, near Narrabri in north-west NSW.

The Council has commenced civil enforcement proceedings against Whitehaven Coal in the NSW Land and Environment Court. 

It is represented by the environmental law experts EDO NSW.  

MCCC is seeking an injunction to stop the operational clearing of Leard State Forest on the grounds that Whitehaven is in breach of its development consent by clearing the forest during winter when animals, including threatened species, are hibernating.  

A breach of a development consent contravenes the Environmental Planning and Assessment Act 1979. 

Maules Creek Community Council spokesperson, farmer Phil Laird, said: “We have launched a legal case today because we believe the winter clearing that is occurring in the forest is a breach of NSW planning and environment laws. 

"We believe the clearing is unlawful, and we are seeking to have the case heard quickly so that no more irreparable damage is done to this unique forest environment and the animals that live in it.

"As a local community, we feel that we have been forced to take this action because the NSW Government has failed in its responsibility to uphold the law and protect the environment of NSW" he said. 

Further comment: Phil Laird 0428 712 622

EDO contact Jon Walter 0404 647 842

UPDATE

From Mining Australia 12 June 2014:

Environmentalists are claiming a win against Whitehaven Coal after the miner agreed to stop clearing the Leard State Forest after a hearing in the Land and Environment Court.

The Maules Creek Community Council (MCCC) sought an injunction to halt the miner’s operational work in the forest, near Narrabri in north-west NSW.

The group, represented by environmental law experts, EDO NSW,claim Whitehaven is in breach of its development consent by clearing the forest during winter when animals, including threatened species, are hibernating.  

It said the clearing is unlawful and contravenes the Environmental Planning and Assessment Act 1979.

A full case on this matter will be heard by the court in September and the MCCC wanted the clearing, underway to make way for the Maules Creek mine, halted until then.

Before a decision was made by the court on Thursday, Whitehaven agreed to stop its clearing activity.

MCCC spokesman and Maules Creek mine farmer Phil Laird said he was delighted at Whitehaven’s decision.

“This outcome today is a huge relief for the Maules Creek community and everyone that loves the wildlife of Leard State Forest. The slaughter of hibernating bats and other animals over winter was an outrage that has been rightly stopped today” Laird said.

“This outcome today sends a strong message to coal mining companies across NSW and to the NSW Government – if they will not enforce the law, then the community is prepared to step up and do it themselves.

“We appreciate the action taken by Whitehaven today and we will be preparing to vigorously pursue the full legal challenge.”….

Prime Minister Abbott is out of the country so, as expected, another little bombshell dismantling a fair and equitable Australia is exploded

The Sydney Morning Herald 8 June 2014:

An Abbott government push to allow private health insurers to cover GP visits would create a US-style two-tier health system and drive up doctors' fees, experts warn.

The Sun-Herald has learnt Health Minister Peter Dutton told senior health sector sources in private meetings he is keen on the idea of allowing private insurers into GP clinics. However, any change would require amendments to legislation.

Under the current Medicare system, all Australians - whether they are public or private patients - can expect similar quality of care when they visit their doctors.

Experts say changing this to create two classes of GP patients would revolutionise Australian healthcare and potentially undermine Medicare more than the government's proposed $7 co-payment.

The revolution has begun quietly through controversial trials undertaken in Queensland.

Medibank Private members are receiving guaranteed appointments within 24 hours and after-hours home visits.

An expansion of such trials which would provide superior GP services to private patients could endanger Australia's world-class healthcare system, Australian Medical Association president Brian Owler said.

"It would be a fundamental change in the way that general practice is funded," Professor Owler said, adding the AMA was open to insurers being more involved in primary healthcare but the government needed to proceed with caution.

"If people go too far or the role of private health insurers is unchecked then, yes, it could have very significant consequences and produce greater inequity. We have a good healthcare system in Australia and the US model is not one we should be trying to emulate.''….

Gasfield-Free Northern Rivers: "Metgasco will do anything to avoid real consultation"

Gasfield-Free Northern Rivers media release 5 June 2014:

Metgasco will do anything to avoid real consultation

Metgasco’s decision to sue the government rather than to engage in genuine community consultation is simply further evidence of their recalcitrant attitude towards the community of the Northern Rivers. According to Gasfield-Free Northern Rivers spokesperson Mr Aidan Ricketts.

“Instead of a mea culpa from Metgasco, we get yet more crash through tactics. Metgasco has shown consistently that it prefers the use of massive policing or lawyers at 40 paces to genuine community consultation”, Mr Ricketts said.

“The glaring irony is that when faced with the argument that they have failed in their community consultation obligations, their response is a combative one. It is a self defeating proposition”

Metgasco’s Rosella drilling operation was suspended last month as up to 10 000 people prepared to face hundreds of police at the Bentley blockade. Neighbouring farmers also complained of severe failures in Metgasco’s obligations to consult with them.

“The government’s action in suspending the license was a rare example of a government listening to the overwhelming majority of a region opposed to industrial gasfield development, but Metgasco still won’t respond to that community concern”, Mr Ricketts said.

“What this litigation really reveals is the problem with our mining laws. They clearly favour the industry over the public interest at every turn. The resources under the ground belong to all Australians and government needs to have the power to regulate the industry in the public interest without being subjected to litigation when they take reasonable action.”

The state government recently repealed the public interest ground for the cancellation of mining and petroleum licences.

“It would not be faced with this litigation now if it had retained that power to cancel mining and petroleum licences on public interest grounds, Mr Ricketts said.”

“Mining legislation needs a complete overhaul so that proper democratic and public interest values are given precedence over cosy arrangements for the industry”, he concluded.

For more info contact:

Aidan Ricketts

0417265263 

The Lies Abbott Tells - Part Twenty

THE PERENNIAL PHOTOGRAPHIC LIE

THE FACTS

This type of visually posed lying is a particular Abbott favourite – whether it be scrubbing down the walls of a flood-affected house with a dry broom (in an attempt to remove what was by then obviously permanent staining) for the benefit of a television news crew when he was Opposition Leader, or in this case as Prime Minister, placing an obviously rusty saw against the side of a chair in an alleged attempt to join two chairs in this fashion:

So that the end product allegedly looks like this:

If Tony Abbott actually joined these chairs it is highly unlikely that he used that old saw. One has to suspect that he was only in the vicinity long enough for that photograph to be taken.

A confidential notice of motion before Clarence Valley Council piques my interest

The very last item in Clarence Valley Council’s Governance & Corporate Committee business paper for 10 June 2014 piqued my interest:

11. CONFIDENTIAL BUSINESS

20.008/14 Referrals to Industrial Relations Commission

The General Manager advises that, in accordance with Section 10A (2)(a) of the Local

Government Act 1993, that the matter be dealt with in a Closed Meeting as the matter and

information are personnel matters concerning particular individuals (other than councillor).

Scrolling through this business paper I found it concerned a motion lodged by Cr. Karen Toms.

So my fingers took a walk down Google byways using keywords from the listed item and this is what I found:

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Circulars/07-09.pdf

http://www.gtcc.nsw.gov.au/webcomm/files/attachments/BusinessPapers/2007/June/R5-Letter_April2007.pdf

Could it be that there is yet another argument brewing over the degree of control the General Manger is exercising with regard to the flow of information concerning council industrial relations disputes/adjudications/legal costs?

Given a recently discovered management error of judgement, one wonders how the next General Manager's Performance Review will pan out.

Lord Deben: "I think the Australian government must be one of the most ignorant governments I've ever seen"

The Guardian 5 June 2014:

A recent study by Globe showed that 66 countries, accounting for 88% of global emissions, have passed climate laws.

While most countries were already taking action to tackle rising temperatures - another reason why a deal might be achieved at the crunch climate talks in Paris next year - Lord Deben singled out two countries, Australia and Canada, for criticism.

Australia in particular, where the government has repealed climate change and environmental laws, was behaving "appallingly".

"I think the Australian government must be one of the most ignorant governments I've ever seen in the sense, right across the board, on immigration or about anything else, they're totally unwilling to listen to science or logic," he said.

Can Tony Abbott bring this federal government any lower in the world's estimation than this?

* Lord Deben is a Conservative life peer sitting in the U.K. House of Lords, with varied business interests including being a non-executive director of the Catholic Herald newspaper.