Showing posts sorted by date for query metgasco. Sort by relevance Show all posts
Showing posts sorted by date for query metgasco. Sort by relevance Show all posts

Sunday 26 February 2017

Whatever happened to Metgasco Limited?


After Metgasco Limited left the NSW Northern Rivers region with its pockets stuffed full of compensation dollars because local communities resisted its efforts to create a coal seam gas industry in the middle of biodiverse, culturally rich and productive rural landscapes, it temporarily sank from sight.


According to Metgasco:


Metgasco appears to be partly or wholly exploring on land over which the Wongkamara peoples hold Native Title.

The company has another project underway in the Gulf of Mexico where it has acquired farm-in rights from Byron Energy Ltd in exchange for an est. A$1.3m investment – thereby deploying  approx. 27% of Metgasco’s current financial resources.

Peter Henderson, the CEO that Metgasco let go in May 2016 with a $300,000 handshake, was last heard of looking for work with Perth-based Tap Oil Limited.

Thursday 10 November 2016

The Bentley Effect showing at Yamba Cinema, 6.30pm Saturday 19 November 2016


After drilling fifty wells under the radar, in 2010 the CSG industry arrived unannounced, to drill an exploratory well in the peaceful Keerrong Valley in the Northern Rivers. A group of concerned neighbours investigated and alarm bells rang out across the region as the community’s immune system was triggered- the sleeping dragon was awoken.

A trickle of environmentalists and local farmers soon grew to a torrent of concerned citizens from all walks of life - business people, activists, grandmothers, teachers, musicians, nurses, local indigenous mob – and through this unlikely alliance, a wide-scale social movement was born.

Following a series of increasingly dramatic blockades, Metgasco, an unconventional gas exploration company, threw down the gauntlet. They announced their plans to commence drilling a “conventional gas” well on a farmland property in Bentley, a peaceful stretch of country, just 12 minutes’ drive from the township of Lismore.

The community’s response has now become the stuff of legends. From out of this cow paddock rose a highly organised, self-governing tent city – complete with meeting halls, kitchens, cafes, toilets, nurseries and strict codes of non-violent conduct. But with an undertaking of this scale, and in such an energy-charged environment, conflict and drama was inevitable, and there were many challenges as strong personalities clashed, cultures collided and emotional strains were pulled to breaking point.

Labelled by the government as ‘radical extremists’, these people, however, were not your usual suspects. Here at Bentley stood an army of mainly once conservative, every-day Australians uniting with their entire community to fend off the mining threat and protect their land, air and water. They felt they had no choice.

The bravest locked themselves onto cement fixtures blocking the way into the site. Each morning they gathered before dawn at ‘Gate A’ to rally together, set themselves to the tasks of the day and sing the songs that would become their protest anthems. High-profile musicians gave regular pop-up concerts to the delight of the campers, “Simmos” and day-trippers alike. Metgasco and their political supporters rallied too and a growing police force waited in Lismore for orders to break up the blockade. A daily sms message was sent out with the latest intelligence and the community showed up in droves, time and time again, to face the music. The stage was set and over 850 riot police with horses were on standby in Sydney, with orders to remove the protectors.

Told through the eyes of the protectors over a four-year period and intercut with fresh insight from some of the world’s leading social commentators, this now famous standoff at Bentley forces us to ask the question- what is truly valuable?
[https://www.facebook.com/thebentleyeffectmovie]

THE BENTLEY EFFECT - one screening only
Q&A after movie
DATE: Saturday 19 November 2016
TIME: 6.30pm
TICKET COST: $20 & $10 for children under 12 years - on sale now
VENUE: Yamba Cinema
13 Coldstream St,
Yamba NSW 2464
PH: (02) 6646 3430

Friday 26 August 2016

Coal Seam Gas: even the Murdoch media can't disguise this betrayal by Turnbull & Baird Governments



Conversation between NSW Minister for Industry, Resources and Energy Anthony Roberts & Australian Minister for the Environment and Energy Josh Frydenberg at COAG Energy Meeting, August 2016*

The federal and state governments on the east coast of Australia stood quietly by as APPEA and the gas industry structured export and domestic contracts in such a way as to businesses and families pay increasing high gas bills in order to subsidise the industry’s export markets.

Now the Baird Government decides that the best way to deal with this is to let the gas industry expand its exploration activities once again - creating new gas fields across the state.

Gas fields which will still produce gas for sale under the very same commercial arrangements which see Australian domestic gas prices so much higher than the price paid by international buyers.

That is unless the Turnbull, Baird, Palaszczuk and Andrews governments insist that the wholesale domestic gas price is no longer tied to the export price and state domestic gas reserves are established so that supply adequately keeps pace with demand.

The Australian, 22 August 2016:


New frontlines in the battle among environmentalists, pastoralists and gas explorers are set to be drawn, with governments in NSW and Victoria weighing up moves to reopen the door to critical energy projects to avert a looming price crisis.

The Baird government is preparing to stare down fierce envir­onmental opposition to coal-seam gas mining by lifting a moratorium blanketing most of NSW and approving projects on a “case by case” basis.

The move, which will reignite a debate largely extinguished after the buyback of earlier mining ­licences, comes as Victoria is ­expected by the end of the month to decide on the future of its longstanding moratorium on all new gas projects.

NSW Energy Minister Anth­ony Roberts said it was a priority to keep supply stable and reliable as the market transitioned to ­renewable energy.

“Gas is also an important feedstock for a number of manufacturing processes, not just a fuel source, and therefore ensuring continued reliable and affordable supply underpins employment and investment in a number of key sectors and locations,” Mr Roberts told The Australian……

Narrabri farmer Alistair Don­ald­son is adamant the development of coal-seam gas close to his beef and grain property would ­create economic and environmental problems.

“As landholders, we are held to ransom for what is essentially a highly invasive and potentially destructive industry,” Mr ­Don­aldson said.

“They’ll spruik the economic benefits of the mine, but at the end of the day it comes at the ­expense of other industries without even considering the environmental issues, which are monu­mental.”

NSW has significant reserves of coal-seam gas in the Gunnedah Basin, where Santos is already working on a project near ­Narrabri, as well as in the northern ­Clarence-Moreton Basin and near Gloucester, north of ­Newcastle.

Mr Donaldson said gas supply had not been an issue until the ­development of an export industry focused around Gladstone in Queensland.

“They will take up all available gas no matter what, and I can see us having domestic gas issues for the foreseeable future no matter how many fields we open up in this state … that really frustrates me,” he said.

Anti-mining group Lock the Gate is already threatening to campaign against any easing of restrictions, and is calling for a complete ban in the state.

“If the NSW government opens up the countryside again to unconventional gas and fracking, they know very well that it will be met with widespread community protest and resistance,” said Georgina Woods, Lock the Gate’s state co-ordinator.

“Better to make sensible laws that match the public’s expec­t­ations and protect farmland and water than cave in to gas industry pressure and face a popular ­backlash.”

The Baird government paid $25 million to buy back three ­exploration licenses from ­Metgasco late last year after the ­Supreme Court had found that ­licences granted by the previous Labor government had been ­improperly suspended. The move to a case-by-case assessment of gas projects in NSW was recommended by the Australian Competition & Consumer Com­mis­sion and endorsed by last week’s meeting of federal and state ­energy ministers.

NSW allows coal-seam gas projects in a small slice of the state focused on Narrabri, where Santos is hoping to develop a mine.

The development of that project could supply between one-quarter and one-half of the state’s gas needs, according to the Australian Petroleum Production & Exploration Association.
A Santos spokesman said the company was finalising environmental assessments for the Narrabri gas project, which it would submit to the government shortly.

Any change is likely to mean the government will make ­stringent assessments of the social, environmental and economic impact of potential projects and allow those that are deemed appropriate to be put to ­tender.

A more detailed strategy is ­expected to be released by Mr Roberts later this year…..


Australian Minister for the Environment and Energy Josh Frydenberg, media release, 19 August 2016:

COAG ENERGY MINISTERS AGREE TO SIGNIFICANT REFORM PACKAGE

The COAG Energy Council has agreed to significant reforms and a major new program of work to ensure the energy system remains affordable and reliable as we transition to a lower emissions future. Council focused on three key areas of reform: · Increasing liquidity and transparency in gas markets

· Empowering consumer choice
· Ensuring stability and connectivity of the National Electricity Market (NEM)

Significant reports on gas market reform from the Australian Competition and Consumer Commission (ACCC) and the Australian Energy Market Commission (AEMC) provided a strong evidence base and momentum for action. To fast track implementation of the recommendations from these reports Council will form a new Gas Market Reform Group headed by Dr Michael Vertigan.

These are the most significant reforms to the domestic gas market in two decades. Council recognised the growing importance of gas as a transition fuel as we move to incorporate more renewables into the system.

The reforms will improve competition, encourage more supply and put downward pressure on prices. Another key focus of the Council will ensure consumers can confidently take advantage of new technologies such as battery storage through the introduction of appropriate consumer protections.

Council acknowledged the important role played by interconnectors in the NEM and agreed to review regulatory settings to ensure they do not present barriers to appropriate investment in the current market environment.

Officials have also been asked to provide advice on economic and operational impacts of existing and proposed state and territory emissions reduction policies on the energy system.

This advice will inform the Council’s consideration of how to better integrate energy and emissions policy.

The Council has proved its ability to respond to current issues and I look forward to further engagement with my colleagues when we meet again in December to build on the progress made today.

Ends

* ROBERTS: “We’ll just back you…..people aren’t going to love us, they’re going to hate us….”
   FRYDENBERG: “Well I won’t say that in front of the T.V….”{laughing}

Wednesday 10 August 2016

Memo to potential investors in the Yamba Mega Port scheme


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 MacleanQuite 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

Thursday 9 June 2016

Turnbull Government will increase support for gas industry and coal seam gas exploration if re-elected on 2 July 2016


It has come to my attention that a number of people living on the NSW North Coast believe that the threat of coal seam gas mining in the Northern Rivers region has gone away because communities so successfully resisted Metgasco Limited’s commercial plans to create gasfields in our midst.

Unfortunately, although the immediate threat may have abated the longer-term threat remains all the same, as these excerpts from the 6 June 2016 address to an Australian Petroleum Production and Exploration Association (APPEA) conference by Minister for Resources, Energy and Northern Australia Josh Frydenberg clearly show:

I’d like to acknowledge my fellow speakers, APPEA Chairman, Bruce Lake, APPEA Director and Country Chair for Shell Australia, Andrew Smith, and the Honourable Dr Anthony Lynham MP.

I would also like to acknowledge APPEA more generally, and its CEO in particular, Dr Malcolm Roberts, for their constructive engagement and contribution to good policy that is in the national interest.

It’s great to join you for your annual conference, my first since being appointed Minister for Resources, Energy and Northern Australia.

Since that time I have always sought to:

·         highlight the incredible contribution you make to Australia’s economic performance;
·         be a passionate advocate for the work your members do to support jobs and grow the Australian economy;
·         celebrate the successes of the industry, including first gas at APLNG and Gladstone LNG on the East coast and at Gorgon on the West coast; and
·         champion the extraordinary innovation in the sector, from Shell’s Prelude FLNG facility to the autonomous underwater vehicles operating on the ocean floor at the Pluto project.

These early experiences have highlighted the importance of building on Australia’s strong international reputation as a reliable energy supplier and attractive place to invest, as well as the innovative and resilient nature of the people working in the sector….

Importantly, our LNG export capacity will continue to ramp up through several new projects which have recently commenced production and further projects which are under construction and due to come online over the next few years.

These projects together total around $200 billion in capital investment.

They include three Coal Seam Gas based LNG projects in Queensland (Queensland Curtis LNG, Gladstone LNG and Australia-Pacific LNG) which commenced production over 2015 and early 2016….

The continued sustainable development of the nation’s mineral and energy resources is a priority for the Turnbull Government.

Our policies will:

·         cut red tape, including streamlining environmental approvals processes;
·         drive jobs and growth by cutting taxes;
·         create new market opportunities;
·         de-risk exploration;
·         support innovation; and
·         increase community engagement and understanding.

We stand by our record since being elected.

The carbon tax is gone; so is the mining tax.

In just two years, we have cut more than $4 billion per annum in red tape.
The Coalition remains committed to one-stop-shops for onshore environmental assessments and approvals, having achieved it for offshore petroleum activities in Commonwealth waters…..

At the same time as we create new export opportunities, we are very focused on attracting greater investment by de-risking exploration.

We understand that exploration is a necessity for the industry – and that’s why we are committed to making Australia as competitive as possible.

As announced in the Budget, the Government will provide $100 million to fund the Exploring for the Future programme to be delivered through Geoscience Australia over the next four years.

Exploring for the Future will produce a resources prospectus covering targeted areas of northern Australia and parts of South Australia.

This programme will deliver new pre-competitive geoscience to assist industry in better targeting onshore areas likely to contain the next major oil, gas and mineral deposits…..

Firstly, our Growth Centre Initiatives.

National Energy Resources Australia (NERA) was launched earlier this year, and is one of six industry-led Growth Centres.

The Growth Centres are tasked with driving collaboration, innovation, and international competitiveness in targeted areas of competitive strength and strategic priority in the Australian economy.

The sector focus for NERA is oil, gas, coal and uranium – Australia-wide – and covering the full breadth of industry activities from exploration and development, construction, drilling, production and operations, to decommissioning…..

The Coalition has committed $15.4 million over four years to NERA with an additional $17.2 million for Project Funds to be matched by industry on projects with sector impact…..

APPEA plays an important role in enhancing the transparency around industry activities. At the last COAG Energy Council, I proposed and the Council agreed that APPEA would produce an annual unconventional gas activities report to provide a consistent, national information source on activities across all jurisdictions.

Among other things, this report will include, where available, the number of wells drilled, the number of land access agreements in force, the extent and type of community engagement, and the contribution unconventional gas activities make to government revenues.

But we must also acknowledge that there are members of the community that have raised concerns about the processes involved in developing gas from unconventional sources.

These concerns must be discussed and addressed if we are to successfully develop the new gas supplies necessary to support Australian homes, businesses and the broader economy.

The Coalition has been consistent in its support for the responsible development of unconventional gas strongly underpinned by the best available science……

To further our commitment to better inform the community of the scientific evidence in this area, today I announce that the Turnbull Government will make $4 million available for the CSIRO to undertake further research and to engage with the community using the Gas Industry Social and Environmental Research Alliance, or GISERA model….

State-specific research programs will be established in partnership with State Governments and industry that wish to work with the Turnbull Government to address community questions.

In particular, GISERA will address community concerns by:
conducting new research in key areas such as surface and groundwater, agricultural land management, biodiversity and socioeconomic impacts and opportunities;

·         establishing a Regional Advisory Committee;
·         implementing a communications program using trusted science-based information;
·         generating advice for governments and industry;
·         improving community understanding of the benefits and impacts of onshore gas development; and
·         strengthening the linkages to key stakeholder groups in gas development regions.

We know that there is no substitute for community engagement and robust science if we are to bring more gas to the market.

I look forward to working with my State and Territory counterparts, and the companies operating in each state, to expand GISERA wherever there are communities that would benefit from scientific research into unconventional gas activities…..

It is clear that your industry is absolutely critical to the continued strength of the Australian economy.

As we now continue the transition to the production phase of the current resources boom, and look to take advantage of future opportunities, we must not compromise all the hard work and investment that has got us to this point.

Sadly, under pressure from the Greens, the Labor party has managed to destroy the vital bipartisanship which existed for over a decade under Ian MacFarlane, Gary Gray and Martin Ferguson in this area of national economic importance.


Resources Minister Josh Frydenberg has acknowledged as recently as last month that the gas market needs to be reformed but, on the back of the ACCC report, has suggested the answer lies in pipeline regulation and moving away from blanket moratoriums on "certain" gas developments – meaning bans on CSG developments – which should instead be managed case by case. 


The big environmental issue of the last NSW election was coal seam gas. And while the gas industry and its lobbyists keep waiting for the controversy to go away, gas looks set to play a major role in the federal election too.

To recap, the NSW government's support of CSG hit the Nationals hard at the state election. They lost one formerly safe seat and lost another. The Libs took notice – CSG info sessions were then held in Northern Sydney Liberal branches.

The government killed off some gas projects, hoping to put gas on the – ahem – back burner, but recent events continue to turn up the heat in NSW and beyond…..

It's a point worth thinking about. No matter how much gas we produce, our prices are now linked to the Asian market.

The gas industry knew this, of course. In fact, companies like Santos boasted to investors that opening up gas exports would mean they could charge Australian gas users global prices.

The industry said nothing, however, to governments. The Economic Impact Assessments submitted to state planning agencies barely mentioned the impact on Australian gas prices.

Australian manufacturers have been hard hit. They now compete with foreign buyers of gas and can pay double or triple previous contract prices. The ACCC found that for a period no gas suppliers would make gas available to Australian manufacturers. 

Deloitte Access Economics found that the increase in gas prices as a result of CSG exports could cost manufacturers $118 billion by 2021, most of which will go to the gas companies in a $81 billion windfall.

The salt in the wound for manufacturers is their lobbyists let this happen. After insisting CSG was an "exciting opportunity", last year Innes Willox, head of the Australian Industry Group admitted that they had "sleepwalked into gas exports".

With so much interest in gas issues and voters clearly ready to punish politicians who get gas wrong, there is plenty at stake in the coming election.

The Greens position is simple – they oppose all CSG and most other gas developments.

The Coalition is in a difficult spot. Pro-industry Liberals are unlikely to sign up for anything the gas lobby doesn't want, but it isn't their voters that are likely to care.

The Nationals are still smarting from their electoral losses in NSW. They're the ones that will get burned if Greens and Labor can make local angst on gas count in federal electorates.

Labor senses this, pledging to extend the "water trigger", which makes more gas projects likely to need federal environmental approval. The gas industry responded with immediate condemnation.

Monday 2 May 2016

COAL SEAM GAS: NSW Baird Government coming after the Northern Rivers once again with the support of Parliamentary Secretary for the North Coast Chris Gulaptis


NSW Nationals MP for Clarence and NSW Parliamentary Secretary for the North Coast, Chris Gulaptis, has endorsed the Baird Government's North Coast Regional Plan – stating in the foreword in this planning document:

The Draft North Coast Regional Plan is our proposed blueprint for the next 20 years and it is a plan for both the Mid North Coast and the Far North Coast. The draft Plan outlines a vision, goals and actions that focus on a sustainable future for the region as it grows that protects the environment, builds a prosperous community and offers attractive lifestyle choices for residents.

Unfortunately he and the state Liberal-Nationals government of which he is a member see the future of the region as being one in which the gas industry is again a major player.

Excerpts from NSW Coalition Government's 100-page Draft North Coast Regional Plan, March 2016:

Biophysical Strategic Agricultural Land on the North Coast was also mapped in 2014 as part of the NSW Government's Strategic Regional Land Use Policy. This land is capable of sustaining high levels of production for a variety of agricultural industries due to its high-quality soil and water resources. More than 248,000 hectares of this land has been mapped on the North Coast. The policy requires that any significant mining or coal seam gas proposals on this land have to be scrutinised through the independent Gateway process, before a development application can be lodged….

The North Coast also includes areas of the Clarence-Moreton Basin, which has potential coal seam gas resources that may be able to support the development and growth of new industries and provide economic benefits for the region….

The NSW Department of Industry is mapping coal and coal seam gas resources in the region. Once completed, this information will inform future regional and local planning by providing updated information on the location of resource….

The NSW Government will:….. identify and plan for the infrastructure needs and requirements of the resources and energy sector….

NOTE:

The Gateway process which the Plan mentions was in place from 2012 onwards. A period in which Metgasco Limited's plan to create gasfields and at least one gas production facility on regionally significant farmland (with high fertility soils) in the Northern Rivers was supported by both Coalition state and federal government.

Neither the toothless Gateway process nor the Mining and Petroleum Gateway Panel (both parts of the wider Strategic Regional Land Use Policy) appear to have applied the brake to any Metgasco development applications lodged and approved in order to sink coal seam gas test wells and, under Part 3A of the NSW Environmental Planning & Assessment Act 1979 inhibit progress the now defunct West Casino Gas Project.

The Federal Government's 2014 Catalogue of potential resource developments stated:

All developments within the Clarence‑Moreton bioregion are currently at the pre‑environmental impact statement (EIS) stage. However, subject to regulatory approval, the West Casino Gas Project may move towards an EIS within the time frames considered by the bioregional assessment.

Friday 8 April 2016

We breed 'em tough in the NSW Northern Rivers.....


A couple of years back I told a former director of Elk Petroleum that Metgasco Limited would withdraw from its arrangement with that US mining company and that Northern Rivers communities would win the battle with Metagasco over its mining exploration leases.

I pointed to the region’s long history of coming together to oppose threats to water security and environmental sustainability.

I don’t think he believed me then, but I think he would believe the Knitting Nannas now when locals like Lismore Nanna Clare Twomey are still voluntarily locking themselves on as she herself did to the exit gates of NSW Parliament House at 8.30pm on 31 March 2016 in protest at the Baird Coalition Government changes to protest laws and failure to address the ongoing tension between mining interests and the enduring need for environmental protections.


The Northern Star on 1 April reported that: After 8 and a half hours at the Sydney gates, the Knitting Nanna cofounder, locked off without arrest. She was supported by Greens Jeremy Buckingham, Knitting Nannas and interviewed by Sydney media.

Images From The Northern Star & Twitter

Friday 25 March 2016

Liberal Party of Australia: when faced with corruption allegations first ignore, then deny, defy and threaten - ending all with weasel words


The Liberal Party of Australia was warned, the Liberal Party ignored, the Liberal Party denied, defied and then told political lies to the electorate…..

The general warning that went out


The NSW Electoral Commission will take enforcement action against 14 entities and individuals that have missed the deadline or entirely failed to disclose political donations they received between 1 July 2014 and 1 March 2015.

The NSW Electoral Commission received 411 declarations on behalf of parties, elected members, candidates, groups and third-party campaigners for the Additional Disclosure Period in the lead-up to the 28 March State Election.

Out of the entities and individuals required to lodge a declaration, five have failed to lodge and 11 lodged a declaration after the due date, making a total of 16 contraventions.
"The Commission takes seriously the rules on disclosing political donations and will be taking enforcement action against 14 entities and individuals that, on the information known to the Commission, have broken the law," said NSW Electoral Commission Chairperson, Hon Keith Mason AC QC.

"We have issued Penalty Notices and Cautions according to the seriousness of the contravention and will also be considering a prosecution in one case."

The declarations that have been lodged are a matter of public record and are published on the NSW Electoral Commission website at: http://adp.elections.nsw.gov.au/

The declarations must disclose political donations of $1,000 or more received between 1 July 2014 and 1 March 2015. If no donations were received, declarations should have been lodged to that effect.

This additional requirement on parties and candidates applied only to the 2015 State Election and was introduced in accordance with the interim recommendations of the Panel of Experts on Political Donations.

The Panel has since delivered its final report which has proposed long term reform options on political donations.

For more information about disclosure of political donations generally or the State Elections to be held on 28 March 2015, visit the NSWEC website at http://www.elections.nsw.gov.au


Forming a new Commission

The year saw significant structural change, following implementation of a 2013 recommendation of the Parliamentary Joint Standing Committee on Electoral Matters. The Committee found that our electoral legislation required a comprehensive review with a focus on consistency, functionality and modernisation. The Committee recommended a new electoral Act for NSW that would cover both the conduct of State elections and the regulation of campaign fi nance and disclosures, and that the new Act be administered by a single statutory corporation.

Consequently, legislative change during the year reconstituted the Commission so that it consists of the Electoral Commissioner, a former Judge as Chairperson of the Commission and a member with financial or audit skills, instead of it being constituted only by the Electoral Commissioner. The Election Funding Authority was abolished and its functions conferred on the reconstituted Commission. The new Commission is therefore responsible for administering the election funding, expenditure and disclosure scheme in NSW. The Commission’s role is also to provide “assistance” to the Electoral Commissioner in his statutory function of conducting elections.

Legislative change in 2014 also empowered the Commission to investigate and undertake enforcement actions for breaches against the Parliamentary Electorates and Elections Act 1912 and the Lobbying of Government Officials Act 2011. This has moved our function from largely administrative to a greater focus on client services and regulation, with increased investigative and enforcement activities. We now have additional objectives of promoting campaign finance transparency and enforcing compliance with the legislation.

Ignoring evidence of the Commission’s resolve in the first instance


Mr Robert Smith, Registered Officer of the Fishing Party, was convicted on 13 July 2015, at the Downing Centre Local Court, of failure to lodge a declaration of disclosure of donations received and made and expenditure incurred pursuant to s.96H(1) of the Election Funding, Expenditure and Disclosures Act 1981 ("the Act").

Mr Smith was required to lodge a declaration with the NSW Electoral Commission, in the prescribed form, by 23 September 2013 and failed to do so. His Honour Local Court Magistrate Grogin emphasised, when sentencing Mr Smith, the importance of the transparency of political parties in relation to the declaration of political donations, regardless of the size or financial means of the political party. Grogin LCM also considered that general and specific deterrence are important considerations when sentencing for such an offence. Further, his Honour emphasised that ignorance of the law is no excuse in failing to comply with the requirements in the Act.

His Honour Grogin LCM convicted Mr Smith and ordered him to pay a fine of $2750, being the amount of the initial penalty notice issued by the NSW Electoral Commission, as well as awarding costs to the prosecutor of $5000.

The matter was investigated by the NSW Electoral Commission and prosecuted on its behalf by the Crown Solicitor's Office.

On 27 July 2015 the Commission was notified that Mr Smith has lodged an appeal of his conviction with the District Court. The matter is listed for mention on 23 September at the Sydney District Court.

"The Commission takes seriously the rules on disclosing political donations and expenditure and will take enforcement action against entities and individuals that, on the information known to the Commission, have broken the law," said NSW Electoral Commission Chairperson, Hon Keith Mason AC QC.

Ignoring its own predicament in the second instance, denying and defying

Excerpts from NSWEC, 23 March 2016 document: Final Summary of Facts – Decision re Liberal Party


20. On 1.1 February 203.6 the Acting Electoral Commissioner wrote on behalf of the Commission to the Party Agent of the Party, Mr MCInnes . The letter outlined the Commission's tentative concerns and invited submissions directed to the two legal issues mentioned above as well as the issue as to whether a final payment should be made under the Election Campaigns Fund in light of these matters.

21. The letter in reply from Mr MCInnes dated 18 February 2016 did not advance any response to the suggestion about the invalidity of The Free Enterprise Foundation "trust". The letter further asserted that the Party had and has no responsibility to disclose information relating to individual donors to the Foundation, a position that the Commission completely disputes. The invitation to remedy the deficient 201.1 declaration was firmly declined.

22. On 24 February 2016 the Commission considered whether the Party was eligible for public funding taking into account sections 70(I) and 97L(I) of the Act. The Commission was not at that stage satisfied that the Party was eligible, because the Party had failed to disclose reportable political donations for the period ending 30 June 2011.

23. Since public monies totalling $4,389,822.80 is at issue the Commission decided to give the Party a further opportunity to change its stance or satisfy the Commission that the Commission's tentative views were erroneous. A letter was sent to Mr MCInnes on 26 February 2016 enclosing a draft Summary of Facts document and inviting the Party's response.

24. On 18 March 2016, Swaab Attorneys forwarded the Party's response. None of the Summary of Facts were disputed,

25. The Party's response contended that a declaration in requisite form had been lodged and that its adequacy in terms of detail was irrelevant to the decision confronting the Commission under sections 7011) and 97L(I),

26. The Commission rejects this submission for the reasons already set out. Neither does the Commission accept the submission that the amount that must be withheld cannot exceed the total of unlawful donations involved. For one thing, this ignores the matters set out in paragraphs 2 and 3 above. On 23 March 2016 SWAAB Attorneys sent a further letter on behalf of the Party urging the Commission to release all but $693,000 of the funding claimed. After careful consideration the Commission believes it does not have discretion in this matter having regard to the terms of sections 70(I) and 97(I) of the Act.

Full 5-page document here.

A response to that defiant stand


The NSW Electoral Commission has decided that the Liberal Party of Australia (NSW Division) is not eligible for payment of its current claims for about $4.4 million in public funding because it failed to disclose the identities of all major political donors in its 2011 declaration.

Effective 23 March 2016, the Liberal Party will not receive further funding from the Election Campaigns Fund or the Administration Fund, administered by the Commission. The Party will remain ineligible until it discloses all reportable political donations in relation 10 its 201I declaration. These donations include some made by donors identified during the ICAC's public hearings in Operation Spicer.

The Liberal Party did not submit a "requisite declaration", which is a breach of the Election Funding,  Expenditure and  Disclosures Act 1981.

The Commission considered the public evidence generated by ICAC's Operation Spicer and other information held by the Commission and information and submissions put forward on behalf of the Liberal Party and The Free Enterprise Foundation. Since I I February 2016, the Liberal Party was given opportunities to rectify its declaration but  it declined to do so.

Copy of full document and related correspondence here.

Threats of legal action

Excerpt from SWAAB Attorneys letter to NSWEC, 23 March 2016:

As is clear from the Response attached to our letter of t 8 March 2016, our client denies that it has in any way given an incorrect disclosure for the year ended 30 June 2011. Nevertheless, at paragraph 12 of our response, we suggested that at the very least the NSWEC should release the Funding, but withhold $693,000 pending resolution of the matters in issue concerning the donations from the FEF (Balance Funding).

Provision of the Funding, or the Balance Funding, is of critical importance to our client. We are instructed that our client requires the Funding or the Balance Funding in order to continue its operations. If the Balance Funding is not received by 30 April20,6 our client will be forced to take emergency measures, the most likely of which will be forced retrenchment of staff. Even then, retrenchment of staff will only allow it to carry on its operations for a relatively short period of time thereafter.

You are also aware that there will be a federal election this year, perhaps as early as 2 July 2006, placing further pressure on our client's financial position, and our client requires provision of the Funding or the Balance Funding as a matter of urgency.

We require that the NSWEC pay to our client the Balance Funding by 30 March 2016.

If this request is not met, our client has no choice but to apply to the Supreme Court of New South Wales for urgent relief that, inter alia, the monies be paid to our client without further delay.

This is an open letter and will be tendered on any application made to the Supreme Court, including on the question of costs.

Liberal Senator for NSW and Cabinet Secretary (Turnbull Government) Arthur Sinodinos1, 24 March 2016: Statement - NSW Electoral Commission

It is a matter for the NSW State Division to respond to the matters raised by the NSW Electoral Commission in its statement.

I had no role in the NSW Division’s decision to decline to update information disclosed in that declaration, as was requested by the Commission.

For my part, my lawyers have written to the Commission to draw its attention to errors of fact in its statement in relation to me. I was not given the opportunity by the Commission to comment on its statement before its publication and I was not aware of the publication until shortly prior to its release.

The Statement already has been extensively cited by the media. In a number of instances, there has been erroneous commentary to the effect that I “concealed” illegal donations, and that my actions were somehow corrupt or illegal. That media commentary is a direct consequence of the NSW Electoral Commission’s flawed publication.

In light of these matters, my lawyers on my behalf have invited the Commission to immediately retract all references to me in the publication. The Commission has been invited to publish a correction to that effect on its website.

Those weasel words in the media

The Australian, 24 March 2016:

The party's NSW division says it had been waiting for the state's corruption watchdog to hand down its findings from hearings in 2014, but will comply with the commission's ruling.

"I have written to the commission this afternoon seeking their assistance in resolving any areas of uncertainty about the legal status of donors in the 2010/2011 period," a spokeswoman said in a statement on Thursday evening.

"The NSW division has already publicly acknowledged and apologised to the people of NSW for these matters."

1. Senator Sinodinos was the Liberal Party (NSW Division) finance director and treasurer during the period in question. His name was mentioned twice in the Summary Of Facts Relevant To The Decision Of The New South Wales Electoral Commission: Liberal Party Of Australia (NSW Division) Claim For Public Funding. In both instances the mention was confined to words to the effect that evidence was given at ICAC hearings of the involvement of other senior Liberal Party officials constituting the Party's Finance Committee in arrangements touching the Free Enterprise Foundation, including Arthur Sinodinos as then Finance Director/Treasurer.

BACKGROUND

North Coast Voices,19 September 2014:

So what is this Free Enterprise Foundation of which they speak?


According to evidence before the NSW Independent Commission Against Corruption (ICAC) and other sources, the Free Enterprise Foundation:

* Is listed by the Australian Electoral Commission as an associated entity of the federal divisions of the Liberal Party of Australia and the National Party of Australia.

* Was created by deed on 20 August 1981 as a $10 trust at the direction of Sir Robert Crichton-Brown, federal treasurer of the Liberal Party of Australia from 1973 to 1985.

* Has set out its objectives in the trust deed are as follows:
 * Original trustees were Anthony Joseph Bandle and Charles James Fox who comprised the trust’s original Council. The current trustees are Anthony Bandle and Stephen Francis McAneney.  Both of whom were also trustees of the Greenfields Foundation, an associated entity which was allegedly set up to hide from public view a 1992 $4.7 million political donation to the Liberal Party.
* Accountants are Bandle McAneney & Company.

*  Name was registered with the Australian Security & Investments Commission as a business name in 2012.

* Receives political donations which the trust directs onto the Liberal Party of Australia, the Liberal National Party of Queensland, other associated entities of the Liberal Party and, infrequently to registered charities.

In practice the Free Enterprise Foundation does not appear to fulfil all the prescribed purposes set out in the trust document, does not seem to operate independently of the Liberal Party of Australia and, has accepted political donations from prohibited donors in New South Wales which it redirected to the Liberal Party of Australia (NSW Division).

Rather disingenuously former NSW Deputy State Director of the Liberal Party and former Metgasco Limited executive, Richard Shields, stated during a 12 September 2014 ICAC Operation Spicer hearing in relation to the Free Enterprise Foundation, which had donated approximately $700,000 to the Liberal Party to fund its 2011 NSW election campaign:

I knew that it existed, I, I didn’t have a lot, a great understanding of it. I had heard, you know, I, I was of the opinion that it was an organisation that had political or philosophical 
allegiances with the conservative side of politics.