South Australia calls for independent judicial inquiry into water theft under the Murray-Darling Basin Plan

RARE GATHERING: SA Senators, Premier, SA Water Minister & farmers unite to call for judicial inquiry into Murray water 'theft.' #9newscomau pic.twitter.com/EJnSgGj0bA

— Rory McClaren (@RoryMcClaren9) July 30, 2017

SA Senators, SA Premier, SA Water Minister & farmers unite

Why are we still refusing to fully honour the spiritual and cultural relationship that traditional owners have to the land in Australia?

It doesn’t matter to the Turnbull Government that science declares that Aboriginal Australia has existed since time immemorial or that indigenous culture has existed on this continent longer than any other culture which is now part of multicultural Australia -  it stubbornly refuses to genuinely honour the spiritual and cultural relationship that traditional owners have with the land.

Native Title law now tainted by Adani

June 15, 2017

MEDIA RELEASE
14 June 2017

Traditional Owners slam passage of Native Title amendments

Traditional Owners fighting Adani’s proposed coal mine have expressed profound disappointment at the passage of Attorney General Brandis’ amendments to the Native Title Act, stressing that while Mabo’s legacy has been diminished they will continue to fight for their rights.

Senior spokesperson for the W&J Traditional Owners Council, Adrian Burragubba, says, “Adani’s problems with the Wangan and Jagalingou people are not solved this week. The trial to decide the fate of Adani’s supposed deal with the Wangan and Jagalingou Traditional Owners is scheduled for the Federal Court in March 2018.

“Our people are the last line of legal defence against this mine and its corrosive impact on our rights, and the destruction of country that would occur.

“Senator Brandis has been disingenuous in prosecuting his argument for these changes to native title laws, while the hands of native title bureaucrats and the mining lobby are all over the outcome.

“This swift overturning of a Federal Court decision, without adequate consultation with Indigenous people, was a significant move, not a mere technical consideration as the Turnbull Government has tried to make out.

“It is appalling and false for George Brandis to pretend that by holding a ‘workshop’ with the CEOs of the native title service bodies, he has the unanimous agreement of Traditional Owners across Australia. No amount of claimed ‘beseeching’ by the head of the Native Title Council, Glen Kelly, can disguise this.

“The public were not properly informed about the bill, and nor were Indigenous people around the country, who were not consulted and did not consent to these changes.

“We draw the line today. We declare our right to our land. There is no surrender. There is no land use agreement. We are the people from that land. We’re the rightful Traditional Owners of Wangan and Jagalingou country, and we are in court to prove that others are usurping our rights”, he said.

Spokesperson for the W&J Traditional Owners Council, Ms Murrawah Johnson, says, “Whatever else this change does, we know that the Turnbull Government went into overdrive for Adani’s interests.

“Brandis’ intervention in our court case challenging the sham ILUA was about Adani. Most of what Senator Matt Canavan had to say in argueing his ill-informed case for native title changes was about Adani. The Chairman of Senate Committee inquiring into the bill, Senator Ian McFarlane, referring to the native title amendments as “the Adani bill” was about Adani. And the PM telling Chairman Gautam Adani that he’d fix native title was about Adani”.

“We are continuing to fight Adani in court and our grounds are strong. If anyone tells you this is settled because the bill was passed, they are lying”, she said.

Adrian Burragubba says, “The Labor Opposition seems to understand this, even though they supported passage of the bill. Senator Pat Dodson went so far as to say this bill does not provide some kind of green light for the Adani mine, as some suggest.

“Pat Dodson acknowledged that W&J have several legal actions afoot against Adani and we are glad that in the midst of this dismal response to the rights of Indigenous people some MPs, including the Greens who voted against the bill, recognise the serious claim we have to justice.

Mr Dodson said in the Senate that: “most of this litigation will be entirely unaffected by the passage of this bill. In particular, there are very serious allegations of fraud that have been made against Adani regarding the processes under which agreements with the Wangan and Jagalingou people were purportedly reached. And those proceedings, which may impact on the validity of any ILUA, will only commence hearings in March next year. Other legal action is also underway, including a case challenging the validity of the licences issued by the Queensland government.”

This week researchers from the University of Queensland released a report titled ‘Unfinished Business: Adani, the state, and the Indigenous rights struggle of the Wangan and Jagalingou Traditional Owners Council‘.

For more information and to arrange interviews:  Anthony Esposito, W&J Council advisor – 0418 152 743.

Environment Victoria calls on Andrews Government to challenge NSW Berejiklian Government's "rigging" of Murray-Darling Basin Plan river water extraction rules

Environment Victoria, Media Release, Tuesday 25 July 2017:

Calls for Victoria to stand up to NSW water guzzlers

Environmental groups, farmers and Indigenous leaders today called on the Andrews government to respond urgently to claims on ABC’s Four Corners that New South Wales irrigators are engaging in “illegal water use” at the expense of Victoria’s rivers and farmers.

Environment Victoria Acting CEO Dr Nicholas Aberle said:

“Victoria is being cheated out of water and the Victorian government needs to stand up to these greedy cotton growers who are guzzling billions of litres meant to flow downstream for our environment.

“Victorians deserve to know exactly how much water has been lost and how this will affect Victoria’s water supplies and the health of our rivers.

Below: Map showing how alleged illegal water use upstream in NSW affects Victoria

“The worst part is the New South Wales government has been rigging the rules to let these big irrigators get away with it. This shows utter contempt for the health of Australia’s rivers – an attitude that has no place in a government that shares responsibility for delivering the Murray-Darling Basin Plan,” said Dr Aberle. Last night’s Four Corners program exposed major issues in the NSW water industry, including claims of illegal water use and tampering with water meters. “The actions of the NSW government are leaving downstream users and the environment quite literally hanging out to dry. This means there’s less water for Victoria’s farmers, communities and our precious rivers and wetlands. “We need the Victorian government to take a leadership role in fixing this mess and to make sure this never happens again. The whole plan relies on accurate measurement, tracking and compliance. Based on the revelations last night, it seems clear we can’t rely on big upstream irrigators just to do the right thing.” Environment Victoria, together with the Murray Lower Darling Rivers Indigenous Nations and the Environmental Farmers Network, has written to Victoria’s Minister for Water, Lisa Neville, asking her to:   Launch a full investigation into how much water has been lost by changes to water sharing rules in NSW since 2012, and how much damage this has done to Victoria and South Australia. Implement the Basin Plan in full so all its objectives are met, including finding smart ways to recover the remaining 450 gigalitres (GL) of water to protect Victoria’s rivers and wetlands. Lead the development of Murray-Darling Basin Ministerial Council protocols on water integrity to make sure this type of rule manipulation in favour of vested interests never happens again. “Governments across Australia urgently need to re-establish trust in the Murray-Darling Basin Plan and the environmental restoration it is designed to achieve. Victoria can and must play an important role in leading this process,” said Dr Aberle. This call was supported by Rene Woods, Chair, Murray Lower Darling Rivers Indigenous Nations & John Pettigrew, Water Spokesperson, Environmental Farmers Network.

And so the spotlight hovers over Australian Deputy Prime Minister Barnaby Joyce and NSW Regional Water Minister Niall Blair......

When both the NSW Coalition Government (2 April 2015) and Federal Coalition Government (21 September 2015) gave a minister dual responsibility for agriculture and water one could almost hear the political train careening wildly in the distance.

Unfortunately two years later the people of Australia woke to discover that handing over responsibility for water in a complex major river system to two National Party MPs meant it was also a social, economic and environmental train wreck as well.

All the audits and investigations in the world will not unmake the disaster that the Murray-Darling Basin Plan has become under Barnaby Joyce and Niall Blair unless the political will is there, however this is a good start.

"The Auditor-General will investigate how Barnaby Joyce's Dept is monitoring use of environmental water by NSW." [@Tony_Burke]

In an effort to wrest back control of the situation Prime Minister Turnbull has reportedly 
ordered the Murray Darling Basin Authority to conduct an allegedly ndependent basin-wide review into compliance with state-based regulations governing water use. The review report will be presented to the December 2017 Council of Australian Government (COAG) meeting.

Why doesn't the Turnbull Government do more to address domestic tax avoidance?

So why is it that the Turnbull Coalition Government, home to more than one millionaire, continues to allow a set of taxation rules which favour those with both wealth and high incomes over those with only average to low incomes and little to no wealth?

@unionsaustralia

According to the Australian Taxation Office (ATO) – now underfunded, undermanned and demoralised – there is an issue with trusts being used for tax avoidance:

We focus on differences between distributable income of a trust and its net [taxable] income which provides opportunities for those receiving the economic benefit of trust distributions to avoid paying tax on them.

In other words; discretionary trusts are used by high-income earners to distribute investment income to beneficiaries on lower marginal tax rates, in the process reducing the overall amount of tax paid and current rules allow income to be diverted to other family members, such as stay-at-home mothers or fathers, or to dependents over the age of 18, such as children at university, college or Tafe.

Australian Finance Minister and Liberal Senator for Western Australia Mathias Cormann characterises proposals to alter taxation rates on trusts to minimise their use as tax avoidance vehicles as a “tax grab”. Well he would wouldn’t he, with so many political mates to defend.

As for collecting existing tax liabilities……

The ability to enforce payment obligations and pursue avoidance schemes has diminished since 2014 when first the Abbott Coalition Government and then later the Turnbull Coalition Government cut ATO staffing numbers.

The Community and Public Sector Union clearly told the Treasurer in 2017 that:

While the public is supportive of tackling corporate tax avoidance to raise revenue for public services, there are limits to what the ATO is able to do due to significant under resourcing. Despite a growing population and increased expectations from the community, ATO ongoing staffing levels have declined. Between 2013-14 and 2015-16, Average Staffing Levels at the ATO fell by over 4,000 or by nearly a quarter. The audit team, responsible for enforcing the tax compliance of individuals and multinational companies, was hit particularly hard by these job cuts. While there was an increase in the 2016-17 Budget, it has not reversed the significant cuts experienced over the last few years.

Given the need for more, not less revenue, these previous cuts seem illogical. According to information provided to Senate Estimates by senior ATO staff, the return on investment over the last decade would be between 1:1 and 6:1, or simply put every dollar invested in ATO staff generates between $1 and $6 in revenue.[1] Some had previously estimated that the cuts could lead to a loss of nearly $1 billion in revenue.[2]

This disconnect between public expectations that tax avoidance should be tackled and what the ATO can actually do must be addressed by the Government. It should commit to an increase in base funding and staffing for the ATO if it is serious about tackling corporate tax avoidance and increasing revenue.

It seems that while the Turnbull Government talks about an ideal egalitarian society where inequality no longer exists, behind the scenes it is nobbling one of the mechanism’s available to government to ensure that there is a level playing field for all those with only earned incomes as well as those with earned incomes plus accumulated wealth.                                      

So when Turnbull & Co announced in May this year that it intends introducing a strong Diverted Profits Tax and establishing a Tax Avoidance Taskforce in the Australian Taxation Office (ATO) one has to wonder if current staffing levels allow full investigation of multinationals operating in Australia or whether the taskforce (which has in fact existed since 2016) will be adequately resourced to look into multinational tax avoidance and the black economy as mooted.

One also has to wonder why in the face of widespread use of negative gearing of investment properties and capital gains tax arrangements to avoid paying an appropriate tax rate, the Turnbull Government also fails to reform the taxation system in these areas.

Oh, I forgot……………

A total of 331 of these 541 properties were reportedly owned by the 123 Coalition MP and Senators¹ sitting in the federal parliament in 2015.

NOTE

1. Table 1: 45th Parliament of the Commonwealth of Australia party representation

Source: Australian Electoral Commission (AEC), ‘2016 Federal Election Tally Room’

Pressure mounts on Turnbull and Berejiklian governments to stop Murray-Darling Basin water theft

MEDIA RELEASE
25 July 2017	MR/56/17
NSW Farmers’ President Derek Schoen’s statement on ABC Four Corners: “Pumping” “ABC’s Four Corners episode last night raised a number of very distinct issues that all relate to water take in the Murray Darling Basin. One of the issues raised was illegal water take. The overwhelming majority of farmers and irrigators do the right thing, however, strong regulatory enforcement is needed when it is proven that water has been taken against the rules, or tampering/disabling of metering equipment has occurred. This is theft from all other water users and it should not be tolerated. Another issue raised on the program was the changes to the rules that were reflected in the Barwon-Darling Water Sharing Plan, finalised in 2012. These rule changes have been the subject of discussion amongst NSW Farmers’ elected representatives during past months and years, and are something that we know causes significant angst amongst all of the water users within that Water Sharing Plan. Where it is alleged that those rules were changed without true transparency for all water users- NSW Farmers fully supports an investigation into the process by which these rule changes were made. We call for this on the principle that these changes can have a significant impact on all water users, including stock and domestic water rights holders, and downstream users. These decisions need to be made with full transparency and scientific backing. Rule changes also need to occur through the established processes of the local consultation committee during the appropriate review period. The agricultural community needs complete certainty that this will occur, always.”

NSW Farmers – Level 6, 35 Chandos Street St Leonards 2065

Australian Government guide to when it is extinguishing our traditional freedoms, rights and privileges

In 2015 Australian Attorney-General and Liberal Senator for Queensland George Brandis thoughtfully provided voters with a guide to assist them with analysing whether federal legislation rides roughshod over traditional rights, freedoms and privileges.

This guide can be found in the Australian Law Reform Commission Report 129, Traditional Rights and Freedoms— Encroachments by Commonwealth Laws:

The Terms of Reference, provided by the Attorney-General, Senator the Hon George Brandis QC, state that laws that encroach on traditional rights, freedoms and privileges should be understood to refer to laws that:

interfere with freedom of speech;

interfere with freedom of religion;

interfere with freedom of association;

interfere with freedom of movement;

interfere with vested property rights;

retrospectively change legal rights and obligations;

create offences with retrospective application;

alter criminal law practices based on the  principle of a fair trial;

reverse or shift the burden of proof;

exclude the right to claim the privilege against self-incrimination;

abrogate client legal privilege;

apply strict or absolute liability to all physical elements of a criminal offence;

permit an appeal from an acquittal;

deny procedural fairness to persons affected by the exercise of public power;

inappropriately delegate legislative power to the executive;

authorise the commission of a tort;

disregard common law protection of personal reputation;

give executive immunities a wide application;

restrict access to the courts; and

interfere with any other similar legal right, freedom or privilege

WARNING: Don’t attempt a drinking game with this list as you may succumb to acute alcohol poisoning before reaching the end.