Monday, 4 December 2017

FACT CHECK: Port of Yamba-Clarence River cruise ship and international cruise ship terminal proposal


In online debates concerning the NSW Government's proposal to make the Port of Yamba an official cruise ship destination and possibly build an international cruise ship terminal I have noticed a few misconceptions creeping in - so this post is a brief fact check.

The misconceptions are coloured red.

* The “MV Caledonian Sky” cruise ship is smaller than the “Island Trader” cargo ship and not much bigger than the Manly Ferry.

“Caledonian Sky” at 4,200 gross tonnage, dead weight of 645t, 90.6m length, 15.3m width, 4.25 maximum draft is over twice the size of the “Island Trader” which is 485 gross tonnage, dead weight of 242t, 38.8m long, 9m wide and maximum draft of 2.8m.

The four Manly ferries are 70 metres in length, 12.5 metres wide, with draughts of 3.3 metres and displace 1,140 tonnes and, only operate in a deep water harbour.

Cruise ships already come into the Clarence River.

There hasn’t been an ocean-going cruise ship carrying passengers enter the Clarence River in a good many years. There is some anecdotal information that one small cruise ship of indeterminate size entered the Clarence River sometime in the 1990s, but that appears to have been both the first and the last time that a local resident can recall its passage which ended with this vessel scraping its bottom on "Dirrangun" reef as it left. 

The last regular passenger service from Sydney to Port of Yamba ended in the mid to late 1950s when the small steamers operating on the NSW North Coast run were withdrawn.

Despite local media reports to the contrary, the “Caledonian Sky” has not entered the Port of Yamba in the past – this cruise ship’s scheduled visit in October 2018 will be her maiden voyage into the Clarence.

* There is not going to be any dredging of the Clarence River entrance or estuary if Port of Yamba becomes a cruise ship destination and an international cruise ship terminal is built.

A representative of the NSW Dept. of Transport raised eyebrows in apparent astonishment when I mentioned that particular belief. Although diplomatically silent the implication was clear - dredging would have to occur.

* Medium to small cruise ships will not have a problem entering the Clarence River because they will have a pilot on board.

In 2015-16 there were 18 ship visits to Port of Yamba, none were cruise ships and the majority of vessels piloted into the Clarence River came in for ship repair at Harwood Island.

However, even with a pilot on board a cruise ship may ground in a relatively narrow navigation channel. The “Regal Princess” grounded in Cairns Harbour in March 2001 as it sailed a 90m wide & est. 8.3 m deep navigation channel with a pilot aboard. The subsequent official investigation found that the dimensions of the Cairns port channel were too restrictive for the 32.25 m wide “Regal Princess”.

Because the Clarence River estuary is strongly tidal the position and width of its main navigation channel can vary and the Yamba-Iluka bar at the river entrance is problematic. 

The bar crossing appears to have been last dredged in 2004.

An Australian Navy tug 29m long, 8m wide with a draft of est. 3.4m grounded on the bar at the river mouth in October 1946 and from time to time cargo ships entering or leaving the Clarence have temporarily grounded when sand builds up outside the river entrance.

* Having cruise ships and a cruise terminal will raise personal incomes in the Lower Clarence Valley.

This argument is often put forward by governments pushing coastal development proposals.

St. John's (population over 108,000) - a regional port in Canada popular with small cruise ships - is currently conducting its own investigation into economic returns from cruise ship visits, because it was told this year that the average amount of money spent onshore by a cruise passenger can be as low as $28.20 and for a crew member as low as $20.79. Note: The Canadian dollar is roughly on par with the Australian dollar.

International cruise lines are usually the source of any financial information on passenger spending and industry observers tend to think that industry figures may be inflated. So it is not surprising to find one independent report published in 2015 states that passenger and crew spending in Cairns was 22 per cent lower than the figure supplied by Cruise Lines International Association (CLIA) a group representing the interests of cruise lines.

By the industry's own optimistic calculations, if all “Caledonian Sky” passengers come ashore then they should at a minimum spend in total between $4,750 and $5,937 during the five or so hours the ship is moored on the river in October next year.

Except that the cruise ship’s itinerary shows these approximately 114 passengers will have both breakfast and lunch on board ship before sailing away and, in the approx. three hours in between meals, will take a walk up to the Yamba Lighthouse at no charge, visit the Yamba Museum which has a gold coin entrance fee or cross to Iluka to wander the Nature Reserve up to Woody Head and back which is fee free - although it may be possible that the ship rents a mini-bus to transport passengers to Iluka wharf for return to the ship.

However, even then this hardly lives up to the cruise ship industry’s boast that each passenger spends on average $200-$250 a day in Australian regional ports.

* If ships the size of the "Rainbow Warrior" can navigate to the Harwood slipway then quite a few of the small similar size cruise vessels can safely do the same.

The second “Rainbow Warrior was a yacht with 555 gross tonnage, 55m long, 9m wide with a draft of 3m. The third and current “Rainbow Warrior has 855 gross tonnage, deadweight 180t, is 57.9m long, 11.3m wide and has a maximum draft of 5m.

To date I cannot find any cruise ships of similar size operating on the Australian east coast ocean route.

All east coast ships in P&O’s fleet are large ships, as are Holland America’s fleet. Princess Cruises’ ships are all large and, the  Royal Caribbean’s fleet is also composed of large ships. Ditto Carnival’s fleet and Celebrity Cruises’ ships. Norwegian Cruise Line, MCS Cruises and Cunard Line fleets contain only large vessels. While Oceania Cruises’ fleet is composed of somewhat smaller ships, but with drafts nudging 6m to 7m it probably wouldn't consider entering the Clarence . By comparison Noble Caledonia’s single cruise ship on the east coast is the ship with the shallowest draft found to date, but it may have difficulty coming over the bar in October 2018 and/or with swinging around to depart the estuary.

* Cruise lines are philanthropic - they will help people and the environment by giving money to a local cause.

Some but not all cruise lines do occasionally give money to institutions and causes within ports they regularly visit. It is often looked upon by port communities as 'guilty giving'. 

For example, in 2014 one of Carnival Cruise Line's ships severely damaged a section of pristine reef in the Cayman Islands. The next year the Carnival Foundation announced it was giving a $75,000 donation to the Cayman Islands-based Central Caribbean Marine Institute toward restoration of an ecologically distinct and globally endangered coral species. 

The Cayman Islands government had to step in before the cruise line would hand over $100,000 to the Cayman Islands National Trust towards the Magic Reef Restoration Project to cover the 11,000 sq feet of endangered coral that the "Carnival Magic" crushed.

If the international cruise ship industry genuinely had a social conscience then there wouldn't be reports like "Sweat Ships" (2002) which looks at the abuse of workers' rights aboard cruise ships.

* Modern cruising is really a form of eco-tourism

There is nothing inherently ecological about the design and functioning of a modern cruise ship. 

Modern cruise ships:
* predominately still use bunker fuel when underway and diesel/gas power when berthed if there is no dedicated shore electricity supply available to them; 
* give off emissions when these fossil fuels are burned and these emissions can and do sometimes exceed permissible levels of air pollution;
* emit underwater noise which disturbs whales and dolphins;
* are usually noisy when moored or berthed due to the need to generate power and/or provide entertainment for passengers;
* sewerage and waste water storage systems can sometimes malfunction or fail
* have been known to illegally dump sewerage whilst in port;
* will sometimes dump chlorinated swimming pool water overboard;
* sometimes illegally discharge oily waste into the ocean;
* will sometimes have issues with unlawful garbage disposal on some voyages; and
* anti-fouling paint on their hulls leaches into the waters at wharfs and affects the surrounding marine ecosystem.

* The state government will never be able to dredge the bar or the river because of Native Title.


Yes, Native Title covers the Clarence River from just below Ulmarra to the river mouth and out past the two breakwaters where it creates a 350m buffer around "Dirrangan" reef, as well as a narrower ocean water boundary out from the shoreline starting at Woody Head and going on down past Wooli.

Any cruise ship approaching the entrance to the Clarence River would be sailing in waters covered by Native Title.

However, Native Title rights are non-exclusive and so contain a number of qualifications. Therefore people of goodwill across the Clarence Valley and the wider Northern Rivers region will need to speak up in support of the Yaegl People's stated position if the Berejiklian Government decides to proceed with its international cruise ship terminal proposal.


General qualifications on native title rights and interests

8. Native title does not exist in:
(a) Minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2010 (NSW); and
(b) Petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW).

9. The native title rights and interests described in paragraphs 6 and 7 do not confer:
(a) possession, occupation, use and enjoyment to the exclusion of all others;
(b) any right to control access to, or use of, the Determination Area.

10. The native title rights and interests in the Determination Area are subject to and exercisable in accordance with:
(a) the laws of the State of New South Wales and of the Commonwealth;
(b) the traditional laws acknowledged and traditional customs observed by the Yaegl People; and
(c) the terms of any Indigenous Land Use Agreement, which may be registered by the National Native Title Tribunal in respect of any part of the Determination Area made after the making of this Determination…….

Other interest which existed at the time Native Title over “Dirrangun” was determined are protected.

10. Other interests generally

(a) Rights and interests, including licences and permits, granted by the Crown in right of the State of New South Wales, the Clarence Valley Council or of the Commonwealth pursuant to statute or under regulations made pursuant to such legislation.

(b) Rights and interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.

(c) Rights and interests of members of the public arising under common law or statute including, but not limited to the following:
(i) any public right to fish;
(ii) the public right to navigate; and
(iii) the international right of innocent passage through the territorial sea.

(d) So far as is confirmed pursuant to section 18 of the Native Title (New South Wales) Act as at the date of the Determination, any existing public access to and enjoyment of:
 (i) waterways;
(ii) the bed and banks or foreshores of waterways;
(iii) coastal waters;
(iv) beaches;
(v) stock routes; and
(vi) areas that were public places at the end of 31 December 1993.

(e) The rights of:
(i) an employee, agent or instrumentality of the State of New South Wales;
(ii) an employee, agent or instrumentality of the Commonwealth;

(iii) an employee, agent or instrumentality of any Local Government Authority, to access the Determination Area and carry out actions as required in the performance of his/ her or its statutory or common law duty.

Sea claim judgment: Yaegl People #2 v Attorney General of New South Wales [2017] FCA 993 (31 August 2017)

Sexual harassment & sexual assault make Sydney University residential colleges unsafe for students


“The cultural conditioning of girls as gatekeepers and surrogate mothers is supposed to keep boys in a perpetual state of liberation. They can do as they please and trust that the consequences of their actions will be held against any woman they choose to hurt in the process. This form of gendered entitlement is particularly evident in men who enjoy wealth and privilege, both of which can be found in overbearing quantities on the campuses of residential university colleges.”  [Clementine Ford in The Sydney Morning Herald, 3 December 2017]

Honi Soit, 29 November 2017:

In 2009, amidst allegations of sexual violence at the colleges and the formation of a “Define Statutory” facebook group by St Paul’s students, several students, activists and academics wrote to St Paul’s, urging the college to undertake a wide-scale review of their culture with special attention being paid to sexual assault. This did not happen. Instead, St Paul’s hosted a White Ribbon fundraising dinner.

In 2011, calls for a review into college culture were raised again. Broderick’s review of how women were treated in the Australian Defence Force Academy, which followed an incident where a male cadet livestreamed himself having sex with a female cadet via Skype, recommended that similar reviews be undertaken at university college campuses where the same issues existed.

However, following years of discussion, in 2014 the prospect of a college review was killed off by Group of Eight Universities, including the University of Sydney, amidst concerns for reputational damage.

“I think some of those objections were based on perception of reputational risk,” Dr Damian Powell from the University of Melbourne told the Sydney Morning Herald

“The honest answer is it was put in the ‘too hard’ basket.”

According to Funnell, “It was incredibly disappointing when in 2014, the Go8 killed off an earlier attempt to review the colleges. It demonstrated how defensive and reputation-conscious they were.”

Incidents of sexual harassment and bullying continued. In 2016, University of Sydney Union media outlet Pulp revealed instances of slut-shaming at Wesley College, where a widely distributed college publication included a ‘Rack Web’ detailing “inter-college hook-ups”. A week later, Honi detailed ongoing incidents of bullying and sexual harassment across all residential colleges.

Months later, in October 2016, Broderick was engaged by the University of Sydney and all colleges, except for St Paul’s, to undertake a review of college culture, and “evaluate the strengths and challenges of residential life”…..

The Sydney Morning Herald, 30 November 2017:

As many as 32 per cent of women at University of Sydney colleges have experienced sexual harassment and 6 per cent of female college students have experienced actual or attempted sexual assault, with other college students making up the vast majority of perpetrators, a review of college culture has found.

The review, led by former sex discrimination commissioner Elizabeth Broderick, found that sexual misconduct, "hazing" and a problematic drinking culture persist at five of the university's six residential colleges, a number of which have come under fire for repeated incidents of sexual misbehaviour by students.

More than 1000 students from Sydney University's Sancta Sophia, St Andrew's, St John's, Wesley and Women's colleges were surveyed by Ms Broderick's team and more than 630 students were interviewed since October last year, with a 69 per cent participation rate across the five colleges…..

St Paul's College, which initially refused to participate in the review but recently joined the process, is not included in the findings and will receive a separate report in June next year.

Female students from St Andrew's College and Women's College reported some of the highest rates of sexual harassment and actual or attempted sexual assault, with 32 per cent of students at Women's College and 30 per cent of women at St Andrew's College saying they have experienced sexual harassment since starting at college.
At both colleges, 8 per cent of women said they have experienced actual or attempted sexual assault…..

Across all five colleges, 25 per cent of women and 6 per cent of men said they have experienced sexual harassment and 6 per cent of women and 1 per cent of men said they have experienced actual or attempted sexual assault.

Of these, 96 per cent of students who experienced sexual harassment and 73 per cent of students who experienced sexual assault said a fellow student from their college or a different college was the perpetrator.

About 90 per cent of all incidents occurred on college grounds.

The review also found that only 9 per cent of college students who experienced sexual assault and 3 per cent of those who experienced sexual harassment made a formal report.

About 31 per cent of those who experienced sexual assault and 49 per cent of those who experienced sexual harassment did not seek any assistance, the review found, with common reasons including that students "didn't think it was serious enough", "did not think I needed help" or "thought I could sort it out myself".

The review also found that 15 per cent of all college students reported that there was too much focus on drinking alcohol at their college and 13 per cent of students said they have been pressured to drink when they did not want to.

Read the full article here.

The review report Cultural Renewal at the University of Sydney Residential Colleges can be read here.

Sunday, 3 December 2017

SA Royal Commission into Murray-Darling Basin management and alleged water theft


The NSW Berejiklian Government will not be happy with this………

ABC News, 30 November 2017:

Allegations of water theft upstream in the Murray-Darling Basin (MDB) have prompted South Australian Premier Jay Weatherill to launch a state royal commission to identify any perpetrators.

New South Wales and Queensland were slapped with a scathing assessment of compliance with the MDB Plan on Saturday, after a review found poor levels of enforcement.

The review also found a lack of transparency surrounding the states' water management, along with Victoria's.

Mr Weatherill said the report did not go far enough and announced a royal commission.

"The review that was handed down did not go into detailed findings of who committed water theft and who behaved inappropriately in relation to the river," he said.

"There have been no specific findings in relation to individuals or groups of individuals."

When asked whether a state royal commission could force bureaucrats from interstate to give evidence, Mr Weatherill said the royal commissioner would be given the powers of compulsion.

"And they will have no choice but to come forward," he said.

"A state-based royal commission does have the capacity to analyse things that touch on other states, provided there is a connection to South Australia.”

"That's our very clear legal advice and it's our intention to pursue this royal commission's power to their fullest extent, so we can get to the bottom of this water theft."…..

Despite labelling it "just another stunt", the Federal Government said it would cooperate with SA's royal commission.

Assistant water resources minister Anne Ruston said the issues in the basin were being addressed but the Commonwealth would not stand in the way of the commission, and neither should NSW or Victoria.

"I'd like to think they'd cooperate, certainly the Commonwealth will cooperate, we haven't got anything to hide," she said.

The Australian Government’s 25 November 2017 The Murray–Darling Basin Water Compliance Review can be read here.

Coal needs to be consigned to the scrap book says former executive director of the United Nations Framework Convention on Climate Change


These issues get reported in mainstream media but are falling on the deaf ears of monumentally ignorant Turnbull Government minsters, senator and MPs.

ABC News, 27 November 2017:

The woman who led the world to a global climate change agreement has a message for Australia: "You really do have to see that we are at the Kodak moment for coal."

Christiana Figueres, until last year the executive director of the United Nations Framework Convention on Climate Change, doesn't mean happy snaps for the family album.

Rather, the decimation of the once dominant photographic company Kodak by digital change — in the same way that coal-fired power is being eclipsed by renewable energy.

She hopes to see coal, like those sentimental moments in time captured in photographs, confined to history — with the world remembering the contribution the fossil fuel has made to human development, while recognising the need to retire it as a fuel source because of its contribution to global warming.

And, she says, it's happening.

"The fact is that we are already seeing the decline of coal, we are seeing more and more countries phasing out of coal," Ms Figueres, who is based in London, told the ABC.

"We just had 25 countries come together [at the latest international climate change talks] in Bonn to say that they are moving out of coal in the short term.

"That does not include Australia or India or China, but you can begin to see the trend…..

Which makes arguments that India needs the coal from Adani's planned mega-mine in North Queensland — and the Federal Government's determination to see the mine ahead — baffling to Ms Figueres.

The Government's Northern Australia Infrastructure Facility, or NAIF, is considering Adani's request for a subsidised loan of up to $1 billion to help it build a railway to connect the Carmichael mine in outback Queensland to the Abbot Point Coal Mine near Mackay, which Adani also owns.

By law, the NAIF is not permitted to make loans for projects that would damage Australia's international reputation.

Earlier this month, Ms Figueres wrote to the NAIF arguing that providing such a loan for a project that would significantly add to greenhouse gas emissions would do just that.

"I wrote to NAIF because I am very concerned about the fact that NAIF could still be considering giving a concessional loan to the Adani Group to allow them to extract profitably from the Carmichael coal mine and transport that coal all the way to the Abbot Point Coal Terminal," Ms Figueres said.

"First of all, it has huge environmental impacts. The more coal we burn, the further away we are going to be from the targets established in the Paris agreement [to keep atmospheric temperature rises well below 2 degrees above pre-industrial levels].

"But also, the more coal we burn around the world, independently of where it is going to be burned, the more negatively we are affecting public health.

"Now we have this issue of the Carmichael coal mine which, if it goes ahead, would frankly blow completely out of the water any emissions reductions that Australia has committed to.

Saturday, 2 December 2017

Tweet of the Week




Quotes of the Week


"All I'm thinking about now is things I'm going to do on my own farm to be quite frank" [ Nationals candidate in New England by-election and former Deputy Prime Minister until High Court revoked his election, Barnaby Joyce, on receiving a $40,000 cheque from mining magnate Gina Rinehart, 21 November 2017]

“As he was handed an oversized cheque on stage, Mr Joyce's first response was; "Holy Dooley. Rightio".”   [The Financial Review, 22 November 2017]

“Barnaby Joyce won't accept a $40,000 cheque gifted to him by Gina Rinehart after it sent shock waves through agricultural circles.”  [SBS News, 23  November 2017]

“Barnaby Joyce has defended his actions in initially accepting a $40,000 “dirty big cheque” from mining magnate Gina Rinehart, and said it was a surprise.” [The Australian, 24 November 2017]

Friday, 1 December 2017

Yaegl Traditional Owners Aboriginal Corporation expressing their opposition to a proposed cruise ship terminal at Yamba


The following media release was sent to NSW Minister for Maritime, Roads and Freight Melinda Pavey by way of her Twitter account at 7:15pm on 30 November 2017.

Ntscorp Ltd 

Please see the following Press release from the Yaegl Traditional Owners Aboriginal Corporation expressing their opposition to a proposed cruise ship terminal at Yamba.

Press release

The Yaegl Traditional Owners Aboriginal Corporation RNTBC wish to respond to recent media reports about a proposed cruise ship terminal at Yamba, which is part of the draft Future Transport 2056 Strategy. Yaegl People are concerned about the lack of consultation that has occurred with the Corporation and the potential damage that the proposal will cause to significant sites.

The Yaegl Traditional Owners Aboriginal Corporation RNTBC does not support the construction of a cruise ship terminal at Yamba. The Yaegl People’s native title rights to the land and waters within the lower Clarence River, as well as over much of the land within their traditional country, was recognised by the Federal Court of Australia on 25 June 2015. The Yaegl People’s native title rights over their sea country was recognised by the Federal Court in 31 August 2017.

Any activities which may impact on the exercise of native title rights must be properly notified in accordance with the Native Title Act 1993 (Cth), and native title holders must be afforded certain procedural rights, including rights to comment, rights to be consulted and rights to negotiate.

The Yaegl Traditional Owners Aboriginal Corporation RNTBC is concerned that to date, no-one has approached the Corporation to discuss the proposal.

The Chairperson of the Corporation, Billy Walker, said ‘It appears as though decisions such as the construction of a cruise ship terminal, are being considered without any attempt to engage with or consult The Yaegl Traditional Owners Aboriginal Corporation RNTBC. The Corporation is responsible for ensuring that the Dirrungan, one of Yaegl People’s most significant sites, at the mouth of the Clarence River, is protected. There are also other sites of significance to the Yaegl People within the Clarence River, which would be damaged by the proposal.’

The recent Yaegl People’s native title determination over sea country included increased protections for the Dirrungan, including a 350 metre buffer zone to protect the Dirrungan from developments such as the cruise ship proposal.

The Corporation’s Office Manager and Yaegl man, Michael Randall, said ‘We haven’t been consulted yet. We have native title rights over the land and waters at the mouth of the Clarence River, including extending out to sea. It’s a requirement that we be consulted. We are opposed to any actions which might damage the Dirrungan. The State Government has agreed through our sea determination to protect the Dirrungan from destruction.’

Media contact: Michael Bennett (DM via NTSCORP Facebook)