Only in the self-indulgent, damn democracy, political climate fostered by the Abbott & Turnbull governments.......

Only in the self-indulgent, damn democracy climate prevailing in the lead-up to the 2016 double dissolution federal election would a registered political party have considered endorsing a candidate with this legal history……

Rod Culleton

Photograph: Channel Nine

The Sydney Morning Herald, 8 August 2016:

In Armidale Local Court on Monday afternoon, Magistrate Michael Holmes granted Culleton's application, and annulled the larceny conviction, which was made when he failed to appear in court in March.

Senator Culleton will fight the larceny charge, after pleading not guilty.

Mr Holmes adjourned the case to September 12 for mention to fix a hearing date.

He told the court if the matter "was short" he could deal with it on that day.

Mr Holmes told Culleton to keep in contact with his solicitor, and dispensed his bail, which was granted by police following his arrest.

Mr Holmes told the court he was happy to deal with the matter, and had read all the files.

He also referenced Senator Culleton's "colourful letter" which was sent to the court.

Fairfax Media understands the letter labelled the Armidale court as a "kangaroo court".

It's now expected Senator Culleton's district court challenge against the conviction, set down for next week in Armidale, will be withdrawn.

The Guardian, 8 August 2016:

New One Nation senator Rodney Culleton is in police custody after turning himself in over an outstanding warrant related to his failure to appear in a NSW court to answer larceny charges.

A NSW Police spokesman confirmed a man was being dealt with by police in Armidale and would be bailed to appear before the local court on Monday afternoon.

The West Australian senator was convicted in his absence earlier this year for stealing a tow truck key from a driver who was trying to repossess one of his company cars in 2014.

He's seeking to have that conviction annulled.

Larceny carries a maximum penalty of five years jail, which could deem him ineligible to be a senator.

The constitution says anyone convicted of crime that has a punishment of at least one year's jail can't be a member of parliament.

Senator Culleton is also awaiting trial in WA later this month - the week before parliament begins - after he was arrested and charged for allegedly stealing a car being used by receivers from RSM Bird Cameron as they began foreclosure proceedings at a friend's farm.

The senator won the 11th spot on the WA ballot.

He is expected to appear before Armidale Local Court again after 1400 (AEST) on Monday.

Financial Review, 7 August 2016:

For someone who apparently prides himself on being a defender of the nation's farmers, new One Nation Senator-Elect Rodney Culleton sure has a strange way of showing it.

ASIC documents show Culleton has appointed an administrator to his company, DEQMO Pty Ltd, which will have the effect of avoiding a wind-up application to be heard in the NSW Supreme Court today (Monday).

The petitioning party is Armidale farmer and mill owner, Jack Vivers, who says he is owed slightly more than $42,500 by Culleton, a former business associate. Money he will have much harder time getting back now that Culleton has put DEQMO into administration.

This is the same Rodney Culleton, it is worth noting, who took part in a 60 Minutes program last year called "Fighting Back" about his battle to retain his WA property and who describes himself on the One Nation website as a defender of Aussie farmers.

And the same Rod Culleton who may not finally be permitted to take his seat in the Senate pending the outcome of a larceny case, in which he is implicated.

Inside Story, 3 August 2016:

In fact, the circumstances of his offence appear to have been relatively trivial: he was said to have stolen the key of a tow truck – a key worth $7.50 – in an effort to prevent the repossession of a vehicle he was leasing. Moreover, he was convicted in his absence because he failed to appear in court, and an appeal is now pending. Yet, at least until his appeal is heard, he is currently “subject to be sentenced” and is therefore “incapable of being chosen.”

It seems to have been assumed that, once it is recognised that Culleton is “incapable of being chosen,” section 15 of the Constitution will come into play. Under that provision, his Senate seat would be declared vacant. This would create a casual vacancy to be filled by the WA parliament, which would be required to nominate someone from the same political party – that is, another One Nation candidate. In the ballot paper on 2 July, the One Nation ticket listed Rodney Culleton first, his friend Peter Georgiou second, and his wife Ioanna Culleton third. So presumably one of these would be chosen.

But this assumption is wrong. As the authoritative explanation in Odgers’Australian Senate Practice makes clear, the mechanism in section 15 comes into play only when a senator who was validly elected “becomes disqualifiedafter the completion of the election process.” What happens when a senator “is found to have been disqualified at the time of election” is different. The election of that senator is totally void; the relevant seat in the Senate remains unfilled and the failure to fill it must be remedied by a recount.

Again, it seems to have been assumed that in this event, once Culleton was eliminated as “incapable of being chosen,” the votes that had been accumulated for him would simply be transferred down the line to the second candidate on the One Nation ticket, and if necessary to the third. But while this might be a realistic assessment of the probable result, it would not be so easy to achieve that result.

The distribution of preferences in Western Australia meant that the ballot papers had to be counted 539 times; and it was only on the 539th count that Culleton achieved his quota. The other two One Nation candidates had already been excluded much earlier – Ioanna Culleton by count 153, and Peter Georgiou by count 157. Thus, in order to ensure that Rodney Culleton’s votes could be transferred further down the ticket, it would be necessary to rework the entire distribution at least from count 153, and the outcome of such a redistribution could no longer be predicted with confidence.

It happens that Culleton is also awaiting trial in Western Australia on a more serious stealing charge (with a maximum penalty of seven years’ imprisonment). If he were able to take his seat, and was later convicted on that charge, then the procedure in section 15 of the Constitution would come into play. But that is irrelevant to the fact that Culleton is now “incapable of being chosen.”

As it stands, the Australian Electoral Commission has declared a candidate to be elected who is in fact “incapable of being chosen.” Strictly speaking, that announcement is unconstitutional. Presumably it might be possible to avoid such an outcome if the AEC had some mechanism for checking, before the distribution of preferences begins, whether all the nominated candidates are “capable of being chosen.” But there seems to be no such mechanism.

Excerpt from Mills Oakley, Granting yourself a security interest: worthwhile or worthless?, October 2014:

In August 2008 Macquarie Leasing Pty Ltd (Macquarie) entered into a chattel mortgage agreement with Elite Grains Pty Ltd (Elite) for the purchase of a Prime Mover (Truck).

In 2012 Elite defaulted under the agreement, and Macquarie demanded return of the Truck. Elite refused, so Macquarie commenced and was successful in proceedings against Elite and Rodney Culleton (Culleton), the sole shareholder and director of Elite.

On 7 August 2014 the Truck was sold at public auction, and simultaneously DEQMO Pty Ltd (DEQMO), of whom Culleton was the sole director and shareholder, registered a security interest in the Truck on the PPSR, with the effect that Macquarie could not pass clear title to the purchaser.

Macquarie then served an amendment demand on DEQMO pursuant to the PPSA demanding that DEQMO’s registration be removed. No response was received. Macquarie then initiated these proceedings seeking orders that:

DEQMO’s security interest was void;

DEQMO’s security interest be removed from the PPSR;

DEQMO be restrained from re-registering any interest on the PPSR; and

DEQMO and Culleton pay Macquarie’s costs.

Decision

Rein J granted the orders sought by Macquarie. The evidence put forward by DEQMO failed to establish the basis of the security interest, as Culleton was more concerned with the manner in which the Truck was repossessed and the conduct of its sale.

In light of this evidence (or lack of), Rein J found a number of reasons why DEQMO’s claimed interest was invalid. However, the key basis on which Rein J held the security interest was void was that the claimed interest was one given by DEQMO to DEQMO, as a person or company cannot give a security interest to itself, as per section 12 of the PPSA.

Conclusion

This decision highlights the importance of ensuring that any registration on the PPSR has a proper foundation to support it. The judgment of Rein J makes it clear that if a company or person purports to grant a security interest to itself, then such a registration will be invalid. If the security interest is in fact an ownership interest, such registrations do not secure “payment or performance of an obligation” as required by section 12, and can be removed under the provisions in Part 5.6 of the PPSA.

PERMANENT CUSTODIANS LTD -v- ELITE GRAINS PTY LTD [2014] WASC 495

In which a bankrupt Rodney Norman Culleton was involved as second defendant (bankruptcy declared October 2014).

Court transcript here.

Federal Court of Australia, Bankruptcy Guide:

What happens if you are made bankrupt?

If the Judge or Registrar makes a sequestration order a trustee will be appointed to manage your financial affairs. Your trustee will notify you of your bankruptcy in writing. The trustee will explain his or her role and your responsibilities as a bankrupt. The trustee will also give you a statement of affairs which you must complete and file with the Official Receiver (AFSA). Your period of bankruptcy runs for three years from the date you file your statement of affairs with AFSA.

There are several legal outcomes of your bankruptcy; for instance:

*You will be released from responsibility for most of your existing debts. However, the trustee can sell your assets or property to pay your creditors.

*Any house or your share of a house that you own may be sold to pay your creditors. 

*Any assets which you acquire while you are bankrupt may be sold by the trustee.

*You must not obtain credit from another person, or pay for goods or services by cheque for more than a specified amount without telling the person that you are bankrupt. The credit limit is updated quarterly, for an up-to-date figure contact AFSA.

*If you run a business while you are bankrupt you must keep all proper accounts showing your business transactions and financial position.

There are other consequences of becoming bankrupt. 

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44

Disqualification

                   Any person who:…….

 (iii)  is an undischarged bankrupt or insolvent;……

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

ASIC Insolvency Notices, 2013:

NOTICE OF APPLICATION FOR WINDING UP ORDER

Company details

Company:	Elite Grains Pty Ltd
ACN:	091 599 941

An application for the winding up of Elite Grains Pty Ltd was commenced by the plaintiff Jameson Farm Pty Ltd and continued by Komatsu Forklift Australia Pty Ltd on 03/05/2013 and will be heard as set out below.

Singing the post-Census 2016 blues

One would have to live in a deep sink hole in the middle of Australia not to have heard of the mishandling of the 2016 national census, now not so fondly known as #CensusFail.

First the Australian Bureau of Statistics (ABS) decides to keep census participants' names and addresses (without informed consent) for between four years or until after death– whichever takes its fancy.

It does this so it can match the individual with other records held by government departments to create a super database packed to the brim with sensitive information.

This information goes beyond who you are, where you live and the makeup of your household – it's also how much you earn, how much tax you pay, what illnesses you have been diagnosed with, what prescription drugs you take, how many times you visit the doctor, how many speeding fines you paid, if you have been brought before the court, the sentence you received and, much more.

All this is gathered under a unique Statistical Linkage Key (SLK-581) which follows you forever through census after census after census.

This is what these keys look like:

How do I know that this is what an SLK looks like?

Because an SLK is generated according to a standard formula and the Australian Government not only helpfully lets everyone know what that formula is, it even provides an online open access key generator for our use.

Now one would think that because most people were being manoeuvred into encouraged to fill in the Census form online on 9 August 2016 that the platform ABS was using would be very secure.

However, it turns out that in order to allow people with older versions of Windows on their home computer to access the census form online the ABS decided to have the website support the SHA-1 hashing algorithm long considered to be insecure.

Leaving it vulnerable to man-in-the-middle encryption downgrade attacks which can make it easier to intercept data being sent.

Here is a breakdown of website vulnerabilities from High Tech Bridge, 
www.census.abs.gov.au SSL/TLS Security Test on 29 July 2016:

The server does not prefer cipher suites providing strong Perfect Forward Secrecy (PFS). We advise to configure your server to prefer cipher suites with ECDHE or DHE key exchange.

The HTTP version of the website does not redirect to the HTTPS version. We advise to enable redirection.

The server does not send the HTTP-Strict-Transport-Security. We advise to enable it to enforce the user to browse the website in HTTPS.

The server does not send HTTP-Public-Key-Pinning header. We advise to enable HPKP in order to avoid Man-In-The-Middle attacks.

TLS_FALLBACK_SCSV extension prevents protocol downgrade attacks. We advise to update your TLS engine to support it.

Preferred cipher suite for each protocol supported (except SSLv2). Expected configuration are ciphers allowed by PCI DSS and enabling PFS:

TLSv1.0 TLS_RSA_WITH_AES_128_CBC_SHAMisconfiguration or weakness

TLSv1.1 TLS_RSA_WITH_AES_128_CBC_SHAMisconfiguration or weakness

TLSv1.2 TLS_RSA_WITH_AES_128_CBC_SHA256Misconfiguration or weakness

Third party content (such as images, JavaScript, or CSS) is loaded from external resources. Despite that for some web applications it can significantly improve loading time, it may also put website visitor's privacy at risk, as information about website visitors become accessible to these third-party content providers. ​Moreover, a third-party content delivered via HTTP and not HTTPS channel may also expose your privacy.

HTTP methods (or verbs) that are allowed by the server. Some may be dangerous if not handled properly by the application.

Then other security issues raised their heads including the fact that census answers may not always be encrypted for the entire journey from the keyboard to IBM on the SoftLayer cloud.

By then the Australian Bureau of Statistics was on social media telling people they will be fined if they refuse to answer all the questions on the census form.

Doubts also began to pop up as to whether stream10.census.abs.gov.au would be able to handle the millions of people logging in on Census Night.

Predictably it couldn't and suddenly there is multiple choice blame being handed out.

It's all the fault of:

a) evil hackers;

b) malicious furriners mounting denial of service attacks;

c) lazy people not filling out their online forms out days ahead of time; or

d) political plotters wanting to embarrass the Turnbull Government.

Reddit user mykro76 via @Qldaar on 10 August 2016 is probably closer to the mark:

The call is now going out to ditch the 9 August Census and try again at a later date if the government demographers can get their act together.

This is one example:

Nominations now closed for the 10 September 2016 Clarence Valley local government elections - final candidate list

There are nine elected councillor positions being contested at this Clarence Valley local government election and twenty-one candidates vying for a seat in the council chamber.

This is the list of names which will eventually appear on ballot papers on Saturday, 10 September:

Baker, Andrew – Harwood, land and property developer, incumbent councillor, standing as Independent

Bates, Keith – Grafton, self-employed, former journalist & internet marketer

Clancy, Greg - Coutts Crossing, ecologist, small business owner, stood as candidate at 2012 local government elections, now standing as The Greens candidate

De Roos, Joy – Ilarwill, former age care worker, stood as candidate at 2012 local government elections

Ellem, Peter – Wooloweyah, former editor at The Daily Examiner, former Labor candidate at Clarence state by-election receiving 28% of  the vote, standing as Independent

Ellem, Trevor – Grafton, former Ulmarra Shire councillor

Hagger, John - Waterview Heights, creator of The Clarence Forum, standing as Independent

Hughes, Sue – Yamba, President Yamba Chamber of Commerce, incumbent councillor, standing as Independent

Kingsley, Jason - Great Marlow, incumbent councillor, standing as Independent

Lysault, Arthur – Grafton, former general manager Grafton District Services Club, only candidate in 2015 council by-election so elected unopposed without a vote by the electorate, incumbent councillor, standing as Independent

McKenna, Margaret - South Grafton, accountant, small business owner, incumbent councillor, standing as Independent

Novak, Debrah - Yamba, freelance photograper, community activist, standing as Independent

Riggall, John – Maclean, real estate agent, small business owner, Maclean Chamber of Commerce president, standing as Independent

Rogers, Peta - The Whiteman, standing as Independent

Saunders, Ian – Maclean, former council employee, secretary Greater Maclean Community Action Group, standing as Independent

Simmons, Jim - Maclean, accountant, incumbent councillor, standing as Independent

Tibbett, Brett - Lanitza, CEO Grafton Ngerrie Local Aboriginal Land Council, standing as Independent 

Toms, Karen – Yamba, small business owner, incumbent councillor, standing as Independent

Tunks, Ursula - South Grafton, former police officer, standing as Independent 

Wells, Marty – Grafton, member Clarence Valley Cultural Committee, attempted to crowd source funding election campaign at https://pozible.com/project/marty-wells-for-cvcouncil, standing as Independent

Williamson, Richie - Coutts Crossing, 2GF radio presenter, incumbent councillor and current mayor

UPDATE

Now the ballot draw is over, this is the ballot paper will look on 10 September, according to Marty Wells posting on the Clarence Forum:

Clarence Valley Local Government Elections 2016: Peter Ellem throws his hat in the ring

Peter Ellem posting on The Clarence Forum, 8 August 2016:

OK, the ink had not dried on my nomination for Clarence Valley Council before conservative trolls got to work on another Facebook group. For the political pygmy who couldn't wait to question my ethics, I post my media release:

Peter Ellem, 'fighting for us' in the Clarence Valley

YAMBA resident Peter Ellem, a Walkley Award-winning journalist and former Federal policy adviser, has nominated as an independent candidate for the Clarence Valley Council election on September 10.

Mr Ellem edited The Daily Examiner and Coastal Views newspapers from 2001 to 2007 before becoming the Grafton-based policy/media adviser to the former Federal Member for Page Janelle Saffin from 2007 to 2013.

In November 2011, Mr Ellem gained further political experience by standing as Country Labor's candidate in a by-election for the State seat of Clarence. He is running as an independent candidate for CVC and funding his own campaign.

Mr Ellem said his forebears had helped pioneer the Clarence Valley from the 1860s, and he was motivated by a desire to serve all local communities to make the Valley the best possible place for families and individuals to prosper.

Mr Ellem and his wife Susan have raised three daughters Zoe, Tess and Lily here in the Valley.

“Clarence Valley Council is our largest employer and its staff do a lot of good work in the community, but its long term financial position is unsustainable and should be of concern, particularly to ratepayers, but to all residents,” Ellem said.

“As an editor, I led the popular Not A Drop campaign against moves to dam and divert the mighty Clarence River westward, and campaigned for the Grafton Base Hospital redevelopment, fast tracking of the Pacific Highway upgrade and second Grafton bridge crossing.

“I managed multi-million dollar budgets for a top 100 company, and I would bring the same common sense approach to the real challenges facing the council.

“As a public servant, I liaised with five Northern Rivers councils to successfully lobby for major infrastructure projects and grant programs, and to keep capital works projects on track and to budget.

“CVC needs some new blood – progressive councillors who will try to ensure good governance and greater transparency wherever possible.

“We need to encourage appropriate development under existing planning controls to protect and create local jobs. However, growth should not be at the cost of our wonderful environment or existing industries like tourism, fishing and farming.

“This is why I will fight to stop the proposed mega-port from swamping and destroying the Lower Clarence. I have also consistently opposed coal seam gas exploration and mining in the Valley and the wider region.”

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

Clarence River Catchment Fresh Water Diversion: facing today's threat while remembering yesterday's response

2007 bumper sticker

Clarence Valley Council, Ordinary Monthly Meeting Business Paper, 9 August 2016:

Policy or Regulation

Council has previously established its policy position on proposals to divert the Clarence River through various Council resolutions. At its meeting of 18 October 2006 Council resolved (Resolution 12.005/06):

That Council oppose the diversion, damming or re-directing of water from the Clarence River. 

Council again resolved at its meeting of 17 April 2007 (Resolution 05.006/07): That the report on the Clarence River diversion proposal be received and noted and that Clarence Valley Council reiterates its policy position of total opposition to any proposal that would result in any diversion of water from Clarence catchments. 

When the issue of diversion was proposed to be debated at the Local Government & Shires Association (LGSA) Conference in 2007, Council resolved at its meeting of 15 May 2007 (Resolution 05.008/07): 

That the following late Motion be placed before the forthcoming Annual Conference of the Shires Association of New South Wales. “That the Associations approach both the State and Federal Governments expressing their total opposition to any proposal for river diversion.”

As outlined in Report 05.009/07 to the Council meeting of 19 June 2007, it was not possible to put the late motion as the LGSA Conference resolved “That the Association pursue with the Federal Minister for Environment and water, measures to address the current and future concerns with water shortages for inland cities, towns and communities posed by the current drought and future droughts, and that the National Water Initiative consider ways and means of so addressing”.

At its meeting of 16 November 2010 Council again confirmed its opposition to Diversion (Resolution 10.017/10):

The Council again register it strong opposition to any plans to divert waters out of the Clarence catchment.

Clarence Valley Council submission to a NSW Upper House inquiry to which Griffith City Council made a submission asking that an old scheme for damming and diverting freshwater from the Boyd, Mann, Nymboida and Timbarra rivers (Clarence River tributaries) be considered:

10 August 2016

Reference:

DWS#1682591 Contact: Greg Mashiah

The Director

General Purpose Standing Committee No 5 

Legislative Council

Parliament House

Macquarie Street

SYDNEY NSW 2000

Dear Sir

Inquiry into Water Augmentation in Rural and Regional New South Wales - Submission

Thank you for the opportunity for Council to make a submission to the above enquiry. Clarence Valley Council is located on the north coast of NSW and contains most of the Clarence River catchment within its area. The Clarence River is the largest coastal river in NSW. Council is a Local Water Utility (LWU) responsible for sewer and water services to urban area and also provides bulk water to the adjoining Coffs Harbour City Council. Clarence Valley Council is also responsible for floodplain management.

Council’s submission responds to three items in the terms of reference which are considered relevant to Council’s operations:

1b) Examine the suitability of existing New South Wales water storages and any future schemes for augmentation of water supply for New South Wales, including the potential for acquifer discharge.

Clarence Valley and its neighbouring Coffs Harbour City Council have jointly developed a Regional Water Supply (RWS) scheme to provide water security to residents until at least the year 2046. The RWS comprise:

· A “non build” element of water efficiency measures, which commenced in 1997 and is implemented through the joint Water Efficiency Strategic Plan (http://www.clarence.nsw.gov.au/page.asp?f=RES-UHJ-43-64-30), and

· A “build” element, which comprises a pipeline linking the two Council water supplies which was completed in 2004 and construction of a 30,000ML off-creek storage at Shannon Creek which was completed in 2009. The Shannon Creek Dam storage is designed for future raising to 75,000ML capacity to service demand beyond 2046. The storage is “transparent” to its catchment in that all runoff from the catchment is required to be released to match the pre-storage hydrologic.

The RWS project, which was recognised with multiple industry awards including the prestigious International Water Association’s Asia-Pacific Project Innovation Award in the planning category, demonstrates how regional Local Water Utilities can jointly plan and deliver water infrastructure to meet future needs including provision of suitable water storages.

One significant concern for Council is that, while the RWS storage has been designed to be augmented to 75,000ML to provide capacity for development beyond 2046, future legislative changes may adversely impact this option. It is therefore requested that the Committee consider this issue.

1d) examine the 50 year flood history in New South Wales, particularly in northern coastal New South Wales, including the financial and human cost. Since 1966 the Clarence River has experienced 29 floods which exceeded the “minor” flood level at the Prince Street gauge in Grafton (2.10m), and of those 17 were classified as “major” floods (>5,40m). Four floods in a single year were experienced in both 1974 and 1976, and three floods in a single year were experienced in 1967 and 2013.

The town of Grafton is protected by a flood levee which provides protection up to approximately the 5% Average Exceedance Probability (AEP) event, and the town of Maclean is protected by a levee which provides protection up to approximately the 2% AEP event. Since the Grafton and Maclean levees were constructed in the 1970s they have not been overtopped, although in January 2013 at Grafton the flood height was equal to the top of the levee, requiring evacuation of a small area of the town.

In the March 2001 and May 2009 floods, evacuation of all of Grafton was ordered due to uncertainty about whether the flood levee would be overtopped if the predicted flood heights were reached, and how the flood would behave once the levee was overtopped. As well as the evacuation having a significant financial and social cost for residents, as the levees were not overtopped it also increases future risk of people not evacuating when ordered. In 2011 Council completed a detailed flood levee overtopping study which included extensive 2-D computer modelling. The flood levee overtopping study is considered to have given excellent value for money as in 2013 it enabled evacuation to be confined to the immediate affected area.

A significant human cost of flooding on all residents is post flood clean-up. To reduce the impact on residents Council generally collects flood damaged items which are put on the kerbside by residents, waives its tip fees for disposal of flood damaged items and also offers residents affected by flood mud a rebate on their water bills. Council also assisted with the provision of the Flood Recovery Centre for residents, which provided a “one stop shop” for flood impacted residents.

A significant issue for Council is the increasingly limited and narrow interpretation of Natural Disaster Relief and Recovery Arrangements (NDRRA), which have left the full cost of much essential infrastructure flood damage repair with Council.

As one example, a flood levee damaged in the 2013 flood incurred repair costs of $710,000 but only $98,625 funding was received for this item. The apparent basis for the reduced funding was that under the NDRRA the works were assessed as “riverbank” works; notwithstanding that detailed geotechnical and engineering reports supported Council’s position that the riverbank formed an integral part of the levee at this location and should therefore have qualified as essential public infrastructure. It is requested that as part of this item of the terms of reference the committee consider the NDRRA arrangements as the current interpretation results in cost shifting of repairs to essential public infrastructure to Council.

There are financial and human costs of flooding beyond Council’s costs. Financial costs are common for industries such as agricultural, transport and tourism. The financial impacts on these industries has been repeatedly mentioned after the three recent major flood experiences in the Clarence Valley in 2009, 2011 and 2013. Agricultural financial impacts are usually associated with the loss of crops, livestock, fences, machinery, etc. Transport impacts are associated with the closure of key transport routes resulting in the very long truck ‘parking’ areas either side of locations such as Grafton. The tourism industry impacts are both short-term (cancellations of bookings) and longer term with potential of a tarnished tourism image. Regarding human costs, a recurring theme in the post flood recovery mental health problems related to flooding. The NSW State Government established Clarence Valley Flood Recovery Committees after the 2009 and 2013 floods which comprised representatives from state government agencies and Council, and the final reports from these Committees should assist the Inquiry with further information on the financial and human cost of flooding.

1e) examine technologies available to mitigate flood damage, including diversion systems, and the scope of infrastructure needed to support water augmentation, by diversion, for rural and regional New South Wales. The diversion of the Clarence to west of the Great Dividing Range has been suggested by some people as a possible way that flood damage could be mitigated, with a supposed benefit of providing water for western areas. Council has considered this issue and its position has consistently been that diversion of the Clarence is opposed, as summarised by Council resolution 10.017/10 at its meeting of 16 November 2010:

The Council again register it strong opposition to any plans to divert waters out of the Clarence catchment.

Council’s position in this matter has not changed, and Council considers that any proposal to divert the Clarence River cannot be justified from an economic, environmental or social perspective.

If you require further information please contact Council’s Manager Water Cycle, Mr Greg Mashiah, telephone 6645-0244 or 0428-112-982.

Yours faithfully

Scott Greensill 

General Manager

The assault on the water security of NSW coastal rivers is not just head on. Murray-Darling Basin councils are also now lobbying to change the federal Water Act so that more weight is given to their social and economic arguments when freshwater augmentation or inter-basin water transfer is considered.

Naranderra Shire Council, Committee Minutes, 21 June 2016:

Item 6.1 - Final Report of the Commonwealth Senate Select Committee into the Murray Darling Basin Plan

The Final Report titled “Refreshing the Plan” was tabled in the Senate on 17th March 2016 and is currently the subject of review through the Minister for Minister for Agriculture and Water Resources the Hon Barnaby Joyce MP and the Departmental Officials, with a response due by mid June 2016.

RESOLVED that RAMROC continue to strongly advocate to the Commonwealth Government the merit and value of the recommendations contained in the Final Report of the Senate Select Committee into the Murray Darling Basin Plan, particularly Recommendation 25 relating to proposed amendments to the Water Act 2007 to provide for a triple bottom line equal balance of environmental, social, and economic outcomes. (Moved Albury and seconded Hay)

Now that local governments in the Murray-Darling Basin are again discussing raiding Clarence Valley fresh water, it is worthwhile remembering 2007......

The Daily Examiner, 23 April 2007:

BY JOHN McGUREN

Clarence River Professional Fishermen's Association

STORM clouds continue to gather over the Clarence River, but sadly they are the type that threaten its ruin rather than rain.

In comments reported in The Daily Examiner on Tuesday, federal Environment Minister Malcolm Turnbull made it very clear the Howard Government was now virtually committed to the diversion of water from northern NSW into Queensland.

Alluding to the imminent release of results from his feasibility study into such a concept, Mr Turnbull also said a water diversion from NSW would be far cheaper than one from anywhere in Queensland.

Why is he saying that? Because he already knows the outcome of the study and is simply being too cute by half in playing politics with its release and treating us all like little mushrooms.

No surprise there as he hasn't even bothered to speak to any of the tens of thousands of NSW residents who will be directly affected by his fool hardy scheme.

The National Water Commission (NWC) has confirmed this week a desk top study by the Snowy Mountains Engineering Corporation (SMEC) will show it is technically feasible to divert water from both the Clarence and the Tweed rivers into Queensland.

Commissioned by Mr Turnbull and due to be released in the coming weeks, an early draft of the SMEC report has ruled the Clarence and Tweed rivers in as potential diversion candidates, while rejecting the Richmond River.

The outcomes of the SMEC study are focused on engineering feasibility and costs, including constructing dams and other infrastructure and derived from a review of existing information and previous studies.

As we have feared all along, this study has been commissioned for the express political purpose of giving Mr Turnbull's grand act of environmental vandalism economic credibility.

The report estimates up to 100,000 mega litres ? roughly enough water to fill Sydney Harbour twice ? per year could be harvested from the Clarence at a cost of between $1.60 and $2.05 per kilolitre, giving a total supply cost of around $160million to $200million. Mr Turnbull knows all this already.

In his Droplets newsletter, Mike Young, of the University of Adelaide, suggests on average Murray Darling system high security water allocations ? which can include municipal, industrial and irrigation uses ? cost around $1,500/ML, which is just below the SMEC report lower estimate of supply costs for water diverted from the Clarence.

This would seem to put the whole diversion concept very much in the ballpark from a cost and feasibility standpoint and should shake us all out of any complacency stemming from misguided and outdated misconceptions that it's all just too expensive and too difficult.

Add to that the growing willingness of the states to cede powers to the Australian government and this nightmare starts to look very much more like a frightening reality.

Figures like that also give added credence to the growing concerns of state premiers regarding who will ultimately have their hands on the Australian water cash register as it rings up billions of dollars of water allocations into the future.

Just how high might the selling price of water go and just who exactly stands to pocket the wealth generated off the back of the Clarence River being plundered for profit, like the Murray, the Darling, the Snowy and so many other great river systems before it?

Make no mistake, this proposal is as much about money and profits as it is about any notion of pulling together for the national good.

As a community and as responsible Australians are we really prepared to stand by and see the ecology of the Clarence River and the vital industries and unparalleled quality of life that it underpins sold off to the highest bidder?

I sincerely hope we are made of better stuff than that and can look back in years to come and say with pride that we saw through all the politics and fought hard to save the magnificent Clarence River.

The Daily Examiner, 5 June 2007:

Renee Ford

TWO prominent Clarence Valley leaders made their voices heard yesterday, giving submissions opposing any damming or diversion to the Clarence River at an inquiry into water supplies for south-east Queensland.

Clarence River Professional Fishermen's Association industry representative, John McGuren told the Senate Standing Committee a dam in the upper reaches of the Clarence would adversely affect the fishing industry, which he described as the 'engine room of the Clarence Valley'.

"Numerous studies have clearly shown the positive correlation between water flows and catches of key commercial and recreational species, both estuarine and ocean," he told the inquiry. "These relationships don't just exist in the river themselves."

He explained productivity of Australian fisheries was heavily reliant on the terrestrial nutrients delivered by large rivers such as the Clarence.

"It's a key driver to fisheries productivity generally up and down the East Coast," he said.

By overlaying data Mr McGuren was able to illustrate a strong correlation existed between critical environmental flows and Clarence River school prawn catches.

"It's not the percentage of overall total flows to be removed that is the critical factor here, and it is misleading to describe any flow extraction and its potential impacts in these matters," he said.

Clarence Valley Landcare chair, Brian Dodd told the inquiry via teleconference, the upper reaches of the Clarence River were experiencing drought, much like south-east Queensland and Western NSW.

"Damming just doesn't work.

It's been proven around the world, that if you build large dams on streams, it always causes more problems than what they are worth," Mr Dodd said. During the next two days, the NSW Annual Shires Association conference will debate two motions put forward by Western Divisions supporting the diversion of the Clarence River catchments to western NSW.

Clarence Valley mayor Ian Tiley and general manager Stuart McPherson are attending the conference and hope to gain support to squash both proposals put forward by Cobar and Bourke Shire Councils.