North Coast Voices

Saturday, 16 October 2021

Headline of the Week

“The frenetic fan dance of the fools tells us the Coalition has reached crunch time on climate” [The Guardian, 9 October 2021]

Friday, 15 October 2021

Morrison Government seeks to reopen Love v Commonwealth of Australia in High Court seeking reversal of a February 2020 judgment which found Aboriginal Australians, even when born outside Commonwealth borders, are not aliens under the Constitution and cannot be deported

The Guardian, 14 October 2021:

The federal government is seeking to overturn a landmark high court decision that deemed Aboriginal Australians cannot be aliens and cannot be deported.

The Love and Thoms ruling in February 2020 ranks as the high court’s most significant constitutional decision in recent years, with the narrow four-to-three judgment prompting Coalition conservatives to publicly lobby for black-letter judges to be appointed.

Just a year and a half later, the commonwealth has revealed it wants the precedent to be overturned after a New Zealand man tried to fight deportation using the Love and Thoms precedent.....

In June 2020 Amanda Stoker, now the assistant attorney general, noted in a research paper that given the two retirements “there is a significant possibility that a reconstituted bench would reconsider the decision in the event of challenge”. In its submissions, the commonwealth revealed that the immigration minister, Alex Hawke, and home affairs minister, Karen Andrews, will seek leave “to the extent necessary, to argue that Love was wrongly decided”.....

[High Court Justice] Keane said it would be difficult for the high court to hear the case in 2021, given the number of cases already delayed by Covid. Keane agreed to remove the constitutional aspects of the case to the high court, giving interveners until 22 November to join the case, likely to be heard in the new year.

Read the full article here.

Thursday, 14 October 2021

A southern low pressure system and a La Niña ALERT are not warmly welcomed news for the NSW North Coast, as it's possible some heavy rain events could occur between now and January 2022

Ch 9 News on 13 October 2021 reported; Meteorologists warn a "beast from the south" will produce a dangerous mix of heavy rain, severe thunderstorms, damaging winds, hail and snow over Australia's south-east as a week of spring wet weather continues.

Coastal catchments with much of their historical and ongoing development situated on floodplains are particularly vulnerable when a climate driver triggers prolonged or frequent heavy rainfall events, as widespread or flash flooding can result. Property damage, stock & crop losses may occur and, sometimes the deaths of people caught in flood waters.

Similarly low pressure systems can batter coastal catchments.

WeatherZone tweeted this.....

Here is the forecast accumulated rain over the next four days. 🌧

Flood watches have been issued in TAS and VIC, where some places could see more than 100mm by Sunday. Localised flooding is also likely in NSW and QLD from severe storms, especially on Thursday. pic.twitter.com/sVfxdgoCNU
— Ben Domensino (@Ben_Domensino) October 13, 2021

This was the Australian Bureau of Meteorology (BOM), on 12 October 2021:

The Bureau's ENSO Outlook has been raised to La Niña ALERT. This is due to continued cooling in the tropical Pacific Ocean and an increase in the number of climate models showing sustained La Niña conditions over summer. Historically, when La Niña ALERT criteria have been met, La Niña has subsequently developed around 70% of the time. A 70% chance of an event is approximately triple the normal likelihood. La Niña events increase the chances of above-average rainfall for northern and eastern Australia during spring and summer.

Most oceanic and atmospheric indicators of ENSO are currently within the ENSO-neutral range, but some have shifted towards a La Niña-like state. Sea surface temperatures in the central tropical Pacific Ocean are neutral, but have cooled over the past three months and are supported by cooler than average waters beneath the surface. Some atmospheric indicators, such as the Southern Oscillation Index (SOI) and cloudiness near the Date Line, are approaching La Niña levels. Six of the seven international climate models surveyed by the Bureau meet La Niña criteria from November.

A weak negative Indian Ocean Dipole (IOD) event continues. Most models suggest the negative IOD event will ease to neutral levels in late spring. A negative IOD increases the chances of above-average spring rainfall for much of southern and eastern Australia, while a neutral IOD has little influence on Australian climate.

The Madden–Julian Oscillation (MJO) has been active over the Maritime Continent since late September. The MJO is forecast to progress eastwards over the coming week and weaken as it approaches the western Pacific. While the MJO is over the Maritime Continent region, it encourages enhanced rainfall over the tropics to the north of Australia.

The Southern Annular Mode (SAM) index has been neutral for the past week after 5 to 6 weeks at positive levels. While it is forecast to remain neutral for the coming week, it is expected to return to generally positive levels from October to December. A positive SAM during spring typically brings wetter weather to eastern parts of Australia, but drier than average conditions for western Tasmania.

Climate change continues to influence Australian and global climate. Australia's climate has warmed by around 1.44 °C for the 1910–2019 period. Rainfall across northern Australia during its wet season (October–April) has increased since the late 1990s. In recent decades there has been a trend towards a greater proportion of rainfall from high intensity short duration rainfall events, especially across northern Australia.......

The El Niño–Southern Oscillation (ENSO) is currently neutral.

However, all of the seven international climate models surveyed by the Bureau anticipate further cooling of tropical Pacific sea surface temperatures. All models surveyed indicate La Niña thresholds may be met during November. Six of the seven models indicate this cooling will be sustained at La Niña levels until at least January 2022—long enough to meet minimum La Niña event criteria (i.e. at least three months). Four models continue the event into February, but by March only two models continue to meet the threshold.

La Niña typically enhances spring rainfall in northern and eastern Australia.

BACKGROUND

“Major floods frequently isolate towns, and can cause death, major disruptions to road and rail links, the evacuation of many houses and business premises, and the widespread flooding of farmland…..

As we are specifically concerned with major flooding near the coast, we consider a flood to be major if (i) it causes inundation of a river within approximately 50 km of the coast or (ii) if there is non-riverine flooding overland near the coast, from the active part of a weather system, that extends at least 20 km along the coast. In (i) extreme rainfall extends well into the hinterland and the upper reaches of the river catchments, causing a flood that drains down the river systems to coastal areas. In (ii) extreme rainfall is confined to the coast and floods form directly over the coastal area rather than propagating down the river systems. At major coastal centres there are official river height records that determine whether a flood meets the major level or not, and we have used this data available.” [ResearhGate, Callaghan J & Scott, S in Australian Meteorological and Oceanographic Journal 64(3):183-21 DOI:10.22499/2.6403.002]

On Australia’s eastern shores East Coast Lows are also often a trigger for heavy rainfall and widespread flooding. Sea surface temperature gradients associated with the warm eddies of the East Australian Current are an important contributor to the development of the lows.

Wednesday, 13 October 2021

650 South Grafton Primary School children along with their teachers and support staff enter their fifth day of self-isolation as COVID-19 infection grows in the school community

"all will be given to those who strive"
approximate translation

At 9am on Tuesday 5 October 2021 around 650 children from Kindergarten to Year 6, along with at least 31 teachers and numerous support staff, commenced Term 4 at the 154 year old split campus South Grafton Public School, under Level 3 (regional schools) COVID-19 settings.

At around 11am that same day, almost casually, NSW Health announced that 4 cases of locally acquired COVID-19 infection had been discovered in the Clarence Valley local government area. Thus ending its resident population's community transmission free status which began on or about 29 March 2020.

By Saturday 9 October the primary school was abruptly closed for contact tracing and cleaning when it was discovered that one member of the school community had tested positive for COVID-19.

Based on NSW Health advice, all staff and students were told to self-isolate until further notice and to be tested if they developed symptoms of viral infection.

On Monday 11 October when the NSW Government opened up the state in Stage 1 of its policy of easing COVID-19 public health order restrictions and allowing the population increased mobility, South Grafton Public School staff and the parents of those 650 students waited to get the all clear to return to school.

It was also on that Monday that the total number of confirmed cases of COVID-19 community transmission in the Clarence Valley – specifically in Grafton postcode 2460 – had reached 14 cases over the space of the 6 days since the Delta Variant Outbreak finally reached the local government area.

On Tuesday 12 October 2021 the primary school administration was informed that additional COVID-19 cases had been confirmed within the school community and further contact tracing and cleaning needed to be undertaken, so the school remained closed.

Regretfully, to be continued......

The Nature Conservation Council of New South Wales has commenced a world-first legal action to protect rivers and wetlands. Challenging the Border Rivers Water Sharing Plan in the Land & Environment Court, naming Water Minister Melinda Pavey & Treasurer Matthew Kean in his position as Environment Minister as respondents

Environmental Defenders Office, 6 October 2021:

A plan for sharing water in the northern Murray-Darling Basin is being challenged in court over climate change, in an Australian and world legal first.

Acting on behalf of the Nature Conservation Council of NSW, EDO lawyers will head to the NSW Land and Environment Court to challenge the validity of the Border Rivers Water Sharing Plan (WSP), arguing that the NSW Government failed to properly consider future climate change when making the plan.

The Border River catchment sits along the NSW/Queensland border and includes the Macintyre and Severn Rivers. The catchment is home to endangered species such as the eel-tailed catfish, Australian painted snipe and curlew sandpiper.

Both the NSW Water Minister Melinda Pavey, who approved the WSP and the NSW Treasurer Matt Kean, who as Environment Minister provided concurrence, are named as respondents in the Class 4 Judicial Review proceedings.....

Chris Gambian, CEO of the NSW Nature Conservation Council said:

“If we fail to keep our rivers alive as a first priority, it doesn’t really matter what our second priority is. We will have lost the fight.

“Climate change is not some abstract phenomenon that may occur in the distant future. River communities in NSW are bearing the brunt of that change every day, right now.

“Just 18 months ago, many towns in western NSW were entirely dependent of bores or truck deliveries for their water supplies.

“It is not just prudent for governments to factor in the impacts of climate change. It is a legal requirement that we are seeking to uphold by taking this action.”

EDO Managing Lawyer Dr Emma Carmody said:

“Our client alleges that under their own laws, NSW Government Ministers are required to properly consider climate change, including future climate change, when drawing up a water sharing plan. By relying on historical climate data for the catchment, we argue that they have failed to do this, including in relation to the calculation of the catchment-wide limit on extractions from the river.”

“The alleged unlawfulness arises not only due to the impacts of this failure on the Border Rivers itself, but on surrounding floodplains and downstream rivers and communities, notably the Barwon-Darling/Barka River, which receives some of its flows from the Border Rivers catchment.”

“Our client will further argue that the rights of children and future generations to enjoy and benefit from healthy, functioning river systems requires the Minister to properly consider climate change and its impacts on water availability and quality and to devise a water sharing plan that reflects the likelihood of a hotter, drier future.”

“Our client also alleges that setting drought reserves for basic landholder rights on the basis of lowest inflows up to July 2009 is unlawful, not only because it excludes the most recent and severe drought on record, but future climate change.”

“There is ample evidence which indicates that the rivers and floodplains of the northern Murray-Darling Basin are over-extracted. This is now being exacerbated by climate change, which is making it hotter and drier. We can’t afford to make decisions about our precious water resources which ignore this reality. Indeed, our client alleges that the law requires it.”

“Our client will ask the court to find that the Border Rivers Water Sharing Plan is invalid and must be replaced by a lawful plan.”

“If this case is successful, it will likely mean that future Water Sharing Plans will have to take climate change into account, in particular in relation to the setting of catchment-wide extraction limits and environmental flow rules. This could mean more water for fragile ecosystems across the Murray-Darling Basin and in turn healthier river systems and greater water security for downstream communities. Our children and future generations deserve to enjoy and benefit from a healthy, functioning river system.”

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https://youtu.be/q6Fgkb0at0o

It is worth noting that Brett Walker QC, who acted as Commissioner during the twelve month long South Australian Royal Commission into the Murray Darling Basin Plan, has agreed to represent the Conservation Council of NSW.

It is also be noted that on 26 August 2021 the NSW Land and Environment Court in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 ordered: The Environment Protection Authority, in accordance with s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW), is to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change. Neither the Minister for Energy and the Environment Matthew Kean or the EPA appealed this judgment.

How to help the Conservation Council of New South Wales fund this legal challenge of the validity of the Border Rivers Water Sharing Plan (WSP):

https://legal-water-challenge.raisely.com/

BRIEF BACKGROUND ON WATER LICENCING AND WATER BUYBACKS IN THE MURRAY DARLING BASIN

https://youtu.be/rsdGZZSaUXw

Tuesday, 12 October 2021

Echoes of Northern New South Wales' past and a timely reminder of its present potential to resist bad government policy

The Echo, on 7 October 2021, reminding the Northern Rivers region from Clarence Valley right up to Tweed on the New South Wales-Queensland border that our combined voices followed up with action are powerful:

Ian Cohen surfing the nose of
a nuclear armed warship
Photo: Robert Pearce

Following the Nuclear Disarmament Party’s close loss with front man Peter Garrett in 1984, nuclear issues were at the forefront of people’s minds. We extended our influence far beyond our Shire. The pending arrival of nuclear armed warships sent the local region into overdrive. Benny Zable from Nimbin rolled out his ‘radioactive’ barrels for street theatre. Dean Jefferys based in Brunswick Heads came with his ultralight, Hoss (Ian Hoskens) of Main Arm with his megaphone voice and me with my surfboard.

September 1986 heralded the arrival of the largest assembly of international ships in Sydney Harbour’s history. Many were nuclear armed.

Our north coast contingent was vital to the success of the protest actions. Driven by a reckless, but heartfelt, desire to impact on the nuclear arms race and send a direct message to US President Ronald Reagan and USSR’s Yuri Andropov.

The mad concept of surfing the nose of a nuclear armed warship was mine, but Sydney Morning Herald photographer, Robert Pearce, from a media barge directly in front of myself and the warship, captured the image of a vulnerable surfer hanging onto the nose of a nuclear armed destroyer that went global.

Dean backed it up with a paint bomb delivered from his ultralight. It missed, (fortunately it was water based paint). He was more accurate several days later delivering a bouquet of flowers from the air into a missile silo as the HMS Illustrious departed. Dean landed himself in jail.

Channon local, Ian Gaillard, worked with the anti-nuclear vessel Pacific Peacemaker and crewed it on the long haul through the Pacific to confront the launch of the world’s largest nuclear submarine in Seattle. They travelled through the Pacific garnering local support along the way.

During the 1980s Jim Mitsos had moved to Byron and bought up most of what is now Suffolk Park. A Communist developer, creating real affordable housing he was also a tireless anti-nuclear campaigner promoting the concept of Nuclear Free Zone signs in Byron that spread to councils throughout NSW. He laid the groundwork of awareness for follow up actions. Perhaps we need those signs again?

Ian Cohen surfing the nose of a nuclear armed
warship. Photos Robert Pearce

In 1995 I was the first Green elected to NSW Parliament. With the efficient support of Byron’s future mayor, Jan Barham, I spent the first break organising an international contingent of politicians to be part of a flotilla of ships to descend on Papeete (Tahiti) and support islanders in their opposition to upcoming nuclear tests at Moruroa. We learnt much about the global phenomenon ‘Ships of Shame’ where seafarers are abused and exploited, the impossibility of chartering a flotilla, and decided to fly 30 Australian politicians over to Papeete.

Meetings under the palms with President Oscar Temaru, inspired, along with marches and forums in Papeete, the contingent of politicians including Richard Jones MLC, another Byron Shire local, who met with the French Ambassador to deliver thousands of petitions.

Greenpeace had other ideas for a small crew. A private boat was organised to transport an international selection of politicians to Moruroa 1,150km away. In my last interview before our departure I was informed that the French had announced a $150,000 fine and 12 months in jail for anyone entering the exclusion zone.

Halfway there an international news broadcast announced the French had detonated the first bomb in the series on Moruroa. The little boat continued on course, without deviation, as we sailed into the eye of the global nuclear storm. That was the last French nuclear test in the Pacific.

Times change, but some things regarding the nuclear industry and international political posturing remain the same.

Our PM, Scott Morrison, struts the world stage, vilifies China (some of it deserved), but in the process is locking in Australia’s subservience to US foreign policy while guaranteeing increased US troop access and US spy stations on Australian territory for the future. Add to this the crippling cost of procurement of nuclear powered subs and the possible return of Donald Trump to ‘guide’ our nation into the future.

This sabre rattling at an external enemy will allow Morrison some catch up in the polls while the ALP is wedged. The huge crime here is to make a decision without debate in the Federal Parliament. An external enemy worked for Thatcher (Falklands War). In Australia we had weapons of mass destruction touted in Iraq while George W Bush labelled Howard a ‘Man of Steel’ for sending our young soldiers to war.

Whilst recognising the repressive political leadership in Bejing, there is a better road to peace through diplomacy, and when necessary, trade sanctions.

In the depth of the Cold War nuclear capable warships, either conventional or nuclear powered, did not cruise the world’s oceans unarmed and race back to San Diego or Hawaii in an emergency to load. In the 1980s their mantra was; ‘We neither confirm or deny these ships have nuclear weapons on board’. Today, nuclear weapons have been removed from surface ships. They are still on nuclear submarines. Just what arsenal will Australia obediently accept when it hires or purchases US submarines?

In 1975 there were 6,191 US nuclear weapons afloat. Arms control agreements have reduced the number of weapons deployed at sea to 1,000 in 2015.

Morrison’s recent ‘All the way with USA’ is cementing increased US control over future Australian Foreign Policy. We do not benefit from this association. In fact, we as a nation are making ourselves a target.

As for their vulnerability in port, we need to look no further than 9/11 in New York, the US heartland.

Monday, 11 October 2021

Clarence Valley COVID-19 exposure sites from 27 September 2021

On 5 October 2021 Clarence Valley residents learned that four cases of locally acquired COVID-19 had been discovered in their local government area and, later discovered that one or all had been infectious in the community since 27 September 2021.

By 8pm on 8 October 2021 another 3 locally acquired COVID-19 cases had been reported

In recent days it’s become obvious that not everyone was aware that they might need to test and isolate if they had been shopping in the Valley’s only city on certain days, so I am posting the latest list I can find of dates and places.

Coles South Grafton, South Grafton Shopping Centre, Bent Street, Grafton. Exposure dates:

Monday 27 September 2021, 9:45am to 9:50am;

Monday 27 September 2021, 2:30pm to 2:45pm;

Tuesday 28 September 2021, 10am to 11am;

Tuesday 28 September 2021, 4:15pm to 4:30pm;

Tuesday 5 October 2021, 1:20pm to 1:35pm.