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}

[via @AustralisTerry]

Yamba Port & Rail Scheme: was the NSW Upper House Inquiry into Crown Land misled?

“We service the property developers and property investors by unlocking access to the best available lands at the best available price.” [United Land Councils Ltd, website page retrieved 20 August 2016]

On 15 August 2016 four representatives of United Land Councils Ltd & United First Peoples Syndications Pty Ltd gave evidence before the NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND.

These are excerpts of evidence given by MICHAEL ANDERSON, Deputy Chair, United Land Councils and United First Peoples Syndications:

We advocate the idea of forming a working party with key government stakeholders through which we will secure the support of Aboriginal New South Wales. We are confident that, if we cannot achieve greater unity of Aboriginal people, we will certainly be able to deliver a large number of the most important strategic areas of New South Wales, particularly the coast and some regional locations west of the Blue Mountains. We have brought to the Committee a sample of works we are doing. We present to the Committee our introductory brochure with which we introduce ourselves to Aboriginal organisations across Australia. The brochure sets out our objectives and the benefits we bring to them as members uniting with us. In that brochure, we identify major projects such as damming the Great Katherine dam and building pipelines inland to irrigate the arid central Australia, converting it to Australia's food bowl to the world. We also discuss the project of a super port in Yamba to cater for the international trade for the next two centuries and, through that port, opening up the vast network of disused rail networks to provide a safe and efficient transportation mode. We attach a separate summary of the Yamba super port proposal because that is directly relevant to this Committee and how, working with Indigenous communities, major infrastructure can be created combining port and rail to become the leading means for distribution throughout Australia. We also attach a profile of our leading joint venture partners such Grossman, which a leading German solar, civil engineering and construction company, and the MHR Group, which is a leading Dubai pipeline and infrastructure group. One thing Arabs know is deserts and how to irrigate them. We provide a Lever arch folder that contains some of the template agreements used to effect an amicable settlement on the current Aboriginal land claims that are outstanding. We have drafted a master settlement agreement and we provide for every conceivable use of the land. We provide draft agreements for parks and conservation management, licences for Aboriginal farming and fishing use and access, Indigenous social housing models, trust funds for the provision of the next generations of Aboriginal peoples, and a series of land use agreements to promote business and industry….

Large high-tech warehousing is ideally suited to land under claim. The promise of employment and lasting careers for the younger generation on their own land is meaningful to the Aboriginal community. This same thinking applies to the Yamba super port and rail development. New regional hubs will be created around train intersections. Almost all of these potential growth areas involve Aboriginal lands or land claims.…..

As we hope to present to you, we have the backers, both in international investors and venture partners. We have the capacity and funds to change our destiny. All we ask is that we get on with it. We need no charity. We need no patronising. We ask that we plan for the future together and get the red tape out of our way…..

I sit on another national committee on water planning. New South Wales is yet to put its water plans in to the Commonwealth Government under the Murray-Darling Basin Plan. I sit on those committees and I am one of the assessors on whether New South Wales is doing the right thing with their water resources plan. So we are looking at those rivers and factors that are important to us in terms of looking after them. When you talk about planning, Aboriginal people already know what can be used and what cannot be used. I can tell you that a lot of that land will not be used……

The Hon. SCOTT FARLOW: Could you come back to us on notice as to which land councils in New South Wales are part of your organisation?

Mr PETERSON: Sure.

Mr DAVID SHOEBRIDGE: I would ask on notice what is your relationship like with the New South Wales Aboriginal Land Council? Is it a positive relationship, have you sat down and spoken with them about this particular proposal, are you on the same page? Secondly, what do you mean by "progressive" land councils, if you could provide that on notice?

Mr PETERSON: Those that have been keen to show interest in development.

Mr DAVID SHOEBRIDGE: Development-focused land councils?

Mr PETERSON: Yes, taking it from bush to something.

Mr ANDERSON: I know a lot of the land councils really want to progress and develop economic strategies, housing estates and start doing that, but unfortunately they are really tied down with a noose around their neck.

Mr DAVID SHOEBRIDGE: If you could answer Mr Farlow's question and mine about the land council on notice that would good.

The CHAIR: We are also looking for the cemetery and the ports attachments, if you can table them.

Mr PETERSON: Yes. [my red bolding]

This development group was thought to have been in discussion with Des Euen and Australian Infrastructure Developments Pty Ltd (A.I.D.) for some time and, although it is possible that United Land Councils & United First Peoples Syndications may have adopted this infrastructure scheme as its own when the original Yamba Port & Rail (Y.P.R Australia Ltd) unsolicited proposal was rejected by the NSW Government in April 2014, all may not be as it first appears.

A.I.D. and United First Peoples Syndications are sharing the same graphics and presenting the port proposal in the same terms.

Clarence Valley residents who attended the 2 June 2016  A.I.D.'summit' in Casino will probably recall this graphic prepared by David C Jones, Inverell, for Yamba Port and Rail aka Y.P.R Australia Ltd sister company to Australian Infrastructure Developments Pty Ltd (A.I.D.):

[See: http://www.aid-australia.com.au/wp-content/uploads/2016/05/A.I.D.-CASINO-SUMMIT-v20a.pdf]

This is a similar graphic also prepared by David C Jones, Inverell, for Yamba Port and Rail, being used by United First Peoples Syndications:

[See: https://www.youtube.com/watch?v=loWRePyoHjI, https://www.youtube.com/watch?v=8KzCURkafsI & https://www.youtube.com/watch?v=5sgGg8QU_Uc, Sydney, 17 May 2016]

If any sort of business relationship exists between A.I.D. and either or both of the two companies which gave evidence, then a reasonable person might expect that this would have been disclosed to the Inquiry - given formal rejection of the Yamba Port & Rail development proposal by the Baird Government.

Just as this inconvenient fact was sidestepped, so too the companies avoided telling these same committee members that both United Land Councils Limited (registered in New Zealand in July 2016) and United First Peoples Syndications Pty Ltd (registered in Australia in April 2016) share Richard John Green as sole director of both companies and, when one delves into the official corporate history, he is the only reliably identified shareholder as well.

Nor did any of those representatives who appeared before the Inquiry explain why United Land Councils appears to believe that it has a right to use Clarence Valley estuary land to; service the property developers and property investors by unlocking access to the best available lands at the best available price. Outright sales are available, but often it will be the interests of the developers or investors to enter into collaborative arrangements…..

When it came to the actual Yamba ‘mega port’ it was more than misleading to avoid mentioning to this parliamentary standing committee the fact that the Yaegl people (holding native title on Clarence River waters from just above Brushgrove right down to the river mouth at the breakwater walls) are concerned about this scheme to industrialise 27.2 per cent of the total estuary area and had refused to meet with A.I.D. in August.

That some measure of local indigenous concerns would have been known to the United Land Councils and United First Peoples Syndications can be inferred by the following statement in the Clarence Valley Independent on 24 August 2016:

Chair of the Yaegl Traditional Owners Corporation (YTOAC), Billy Walker, told the Independent that his board has not yet discussed the matters raised at the inquiry; however, he said it had met with Messrs Green and Anderson earlier this year. Mr Walker said: “From my point of view, I’d have to see what they have to say to the board before making any comment.” He said that a future meeting had not been organised.

When questioned on the subject of the peak state land council the companies avoided disclosing the obvious antipathy towards the NSW Aboriginal Land Council, evidenced by the director's opening remarks at a company event:

“We’ve got the state land council which is not helping our people in any way. You know we’ve got all the councilors sitting up in there in those big offices earning all this money and what have we got for over the last forty years….”
[See: https://www.youtube.com/watch?v=loWRePyoHjI]

There was also a marked failure to mention that, along with the existing port infrastructure ie. “Goodwood Island wharf, a large shed that can accommodate vessels up to 120 metres in length, a small tug wharf and pontoon” [Port Authority of New South Wales Annual Report 2014/15], the estimated land area required to build the proposed "super port" terminals is land on which native title has been officially extinguished. 

Additionally, the vast majority of this land is privately-held regionally significant farmland. In other words, not Crown land (including land under claim) which is the focus of the inquiry.

Full details of the extent of the legitimate Native Title proudly and responsibly held by the Yaegl people can be found here.

When United Land Councils Ltd & United First Peoples Syndications Pty Ltd spoke of having backers who were international investors and venture partners, like A.I.D.,  they weren't telling untruths. One only has to look at what correspondence is publicly available and, the photos and videos turning up on social media of various "super port" proponents with individuals representing foreign capital, multinationals, professional company directors, corporate strategists and legal shills.

It is hard to escape the suspicion that Chinese investors and foreign/domestic infrastructure and development companies have been using both these companies (just as they use Australian Infrastructure Developments) as a way of bypassing the values of Clarence Valley communities and other vulnerable communities across Australia in order to sate their own financial avarice.

One has to wonder what the Committee Chair The Hon. Paul Green (CDP, LC Member), Deputy Chair The Hon. Lou Amato (Lib, LC Member) and members The Hon. Catherine Cusack (Lib, LC Member), The Hon. Scott Farlow (Lib, LC Member), The Hon. Daniel Mookhey (ALP, LC Member), Mr David Shoebridge (The Greens, LC Member) and The Hon. Ernest Wong (ALP, LC Member) would think of being given less than the full picture when it came to the proposed Port of Yamba overdevelopment.

The Inquiry into Crown Land reports to the NSW Parliament on 13 October 2016 and, as there is no way for local communities to correct the record, Legislative Council General Purpose Standing Committee No. 6  will make recommendations regarding Crown lands on the NSW North Coast with an imperfect understanding of the situation in the Clarence Valley.

Brief background

A full list of registered New Zealand companies in which Richard Green was/is a director and/or shareholder can be found here.

Further information on a number of these companies can be found here.

Australian Securities & Investment Commission (ASIC), United First Peoples Syndications Pty Ltd organisation details:

It is noted that no company named First Peoples Advancement Charitable Trust of 89 Kiteroa Street, Rd 2, Cambridge appears on the New Zealand online company register as of 20 August 2016. However, on 22 April 2016 First Peoples Advancement Charity Pty Ltd was registered in NSW, with Richard John Green as sole director & company secretary and all shareholdings held by First Peoples Advancement Charitable Trust (NZ) on behalf of unidentified individuals and/or corporations.

Google Earth image of the New Zealand address of the First Peoples Advancement Charitable Trust:

Northern Rivers councils reject Baird Government's new land clearing legislation

It sometimes seems that every time we turn around in the Northern Rivers there is some politician or commercial interest wanting to diminish or destroy the land we live on and our enviable way of life.

This time it is a state government that has lost sight of what really matters……….

Echo NetDaily, 17 August 2016:

Northern Rivers Regional Organisation of Councils (NOROC), the peak body for the region’s local government organisations, has made a damning appraisal of the Baird government’s proposed new biodiversity and land-clearing laws.

The body has warned in its submission to the government review of land-clearing and threatened species laws the reforms would be bad for biodiversity and sustainability, and add administrative burdens and costs for local councils.

Key concerns raised in the NOROC submission

*The proposed legislation will lead to poorer biodiversity and sustainability outcomes on the far north coast as well as adding significant complexity, administrative burdens and costs for local government.

*The reforms will ‘interfere with the legitimate strategic planning functions of councils including their ability to implement development control policies that properly reflect the desires of their local communities.’

*The new regime will ‘lead to a very uneven distribution of biodiversity loss across the landscape.’

*The proposed reforms ‘represent a significant cost shift to local government. This is acknowledged in the Independent Biodiversity Legislation Review Panel report but not in any of the legislation reform public exhibition materials.’

Nature Conservation Council CEO Kate Smolski said, ‘Nobody supports Mike Baird’s deeply flawed package – not the scientists, not the conservationists, and not NOROC, who have a clear understanding that these laws threaten soils and water supplies and wildlife in the Northern Rivers region.

She called on the Premier to ‘scrap this flawed package of laws and either fund Local Land Services to make the Native Vegetation Act works as it was intended, or go back to the drawing board and come up with another way to provide workable, strong protections for nature in NSW.’….

The message is being sent that the Clarence Valley does not want the Clarence River estuary industrialised and says "No" to a mega port - Part 2

NSW Greens Spokesperson for Maritime and Ports letter to NSW Minister for Roads Maritime and Freight, 7 July 2016.

Letter in reply from NSW Minister for Roads, Maritime and Freight, 10 August 2016.

Minister Assisting the Prime Minister for the Public Service and Minister for Employment, Liberal Senator Michaelia Cash, is learning the hard way that Australians expect the boss to act fairly

As a recognised bargaining representative of the Turnbull Government, Minister Assisting the Prime Minister for the Public Service and Minister for Employment, Liberal Senator Michaelia Cash is once more before the Australian Fair Work Commission.

Community and Public Sector Union (CPSU), media release, 17 August 2016:

CPSU TAKES ON MINISTER MICHAELIA CASH IN FAIR WORK COMMISSION

The CPSU has taken Employment Minister Michaelia Cash to the Fair Work Commission over her failure to engage in good faith around enterprise agreements for Commonwealth public sector workers.

The case is based on Minister Cash’s refusal to deal constructively with the CPSU, including refusing to discuss or properly consider the union’s fair and reasonable proposals to settle bargaining across multiple Commonwealth agencies.

Action in Fair Work is part of the union’s multi-pronged plan to make the Turnbull Government fix its public sector bargaining mess; the strategy also includes industrial action at international airports and elsewhere, community campaigning targeted in marginal electorates and repeated efforts to engage directly with Prime Minister Malcolm Turnbull and Minister Cash.

CPSU National President Alistair Waters said: “Minister Michaelia Cash is responsible for setting and implementing the Turnbull Government’s harsh and unworkable approach to public sector bargaining. We’re taking her to Fair Work to hold her and the Turnbull Government accountable for this debacle that’s unfairly attacked workers for nearly three years.”

“Minister Cash hasn’t just refused to meet with the CPSU, she has also publicly misrepresented our position on numerous occasions and otherwise tried to undermine our attempts to help her fix the Turnbull Government’s bargaining mess. Our members have shown a willingness to compromise but Minister Cash’s responses have been consistently toxic and unfair.”

“There’s a bitter irony that we’ve had to take Minister Cash to the Fair Work Commission to get her to fulfil even her most basic obligations. This is the person who as Employment Minister is responsible for the Fair Work Act she’s flouting by actively undermining bargaining.”

“Public sector workers have fought for nearly three years to protect their existing rights against this Government’s bargaining attacks and they are determined to secure a fair and reasonable outcome. The only way for this protracted dispute to end is for the Turnbull Government to realise that its attempts to force workers to give up family friendly rights and other conditions have failed, and instead engage with us on a sensible alternative.”

“Our action in the Fair Work Commission is just one part of a much broader strategy to pressure Prime Minister Turnbull and Minister Cash to fix their bargaining debacle. We’re also planning further industrial action in the wake of last week’s Immigration and Border Force strike at international airports and elsewhere and continuing with our community campaigning in marginal electorates.”

Clancy says Clarence a winner under Greens plan - fairer funding for regional councils

NSW Greens candidate in Clarence Valley local government election Greg Clancy, media release, 15 August 2016:

Fairer Funding for Regional Councils: Clarence a winner under Greens plan to ensure a fairer distribution of crucial Commonwealth roads funding.

Greens Senator and Local Government Spokesperson Lee Rhiannon said, "NSW regional councils are the winners under the Greens plan for a fairer federal funding based on local needs rather than on a per capita basis.

"When parliament resumes on 30 August I will move to set up an inquiry into Commonwealth Financial Assistance Grants to gather evidence to show that regional areas are losing out under the current system."

Under the current system, the federal grants are awarded according to population numbers with little consideration of the size of the region and transport networks that must be maintained.

Greens candidate for Clarence Valley Council, Greg Clancy said, "Getting equitable road finding, based on financial need and the size of a council's road network, would see the Clarence Valley Council with extra funding to build local infrastructure.

"The roads need fixing and Council needs better support to do that. People also want cycleways, parks, playgrounds and pools. The federal grants program can make that happen.

"The current system of awarding road grants to Councils based on their population and not of their needs is inequitable and short changes regional areas.

"You only have to look at the results from last year's funding. Fairfield Council, which covers just 104 square kilometres and has 677 km of roads, received $5.1 million in Federal road funding. Clarence Valley, which has 2445 km of roads across 10,441 square kilometres, also got $5 million. From these figures, it is clear that something is seriously wrong.

"We're talking about a significant amount of funding. This is crucial funding for roads that needs to be distributed fairly, with those Regional Councils in most need getting priority funding in order to deal with their extensive road network.

"It's not just the Greens saying this. The NRMA has said the same, so has a recent NSW Parliamentary report. A new federal funding model would provide a 'win-win' for Council and the community," Dr Clancy said.

"I believe we need more Greens on regional councils to get behind our senators and state MPs so we get the support for a national senate inquiry to fix the broken federal funding model for local councils," he said.

Further information on the General Purpose and Local Road Financial Assistance Grant available at: http://regional.gov.au/local/assistance/fags-state-summaries-nsw.aspx