Administrative Appeals Tribunal asked to rule on Humane Society International FOI request

NSW Environmental Defender’s Office (EDO), 20 January 2017:

Humane Society International v Department of the Environment and Energy

Our client, Humane Society International (HSI), is seeking access to documents held by the Australian Department of the Environment and Energy on the adequacy of NSW’s biodiversity offsets policy for major projects ('the Policy').

HSI argues that the public has a right to know why the Australian Government believes, despite evidence to the contrary, that the NSW Policy meets national standards. On behalf of HSI, we are asking the Administrative Appeals Tribunal to find that it is in the public interest to release the documents under Freedom of Information laws. 

Background

Biodiversity offsets have become standard practice in the approval and assessment of major developments in Australia, even though there is little evidence that offset schemes achieve their intended purpose of protecting threatened species from extinction.

Biodiversity offsets allow developers such as mining companies to buy/manage land, or pay money into a fund, to compensate for the clearing of forests and areas containing threatened plants and animals.

Community groups such as HSI are concerned that the method for calculating biodiversity offsets in NSW, contained in the NSW Policy, does not properly protect the environment – including the plants and animals on the national list of threatened species and ecological communities.

The Australian Government, which is responsible for the national list of threatened species – and has international obligations to protect and conserve biodiversity in Australia – has stated that the NSW Policy meets national standards of environmental protection. However, analysis by EDOs of Australia shows clearly that the NSW policy provides weaker environmental protection than required under national environment policies.

With the Australian Government delegating more and more development approval powers to the states and territories under its ‘one stop shop’ policy, community groups fear that there will be fewer protections for our nationally threatened species and ecological communities.

HSI is therefore seeking access to documents detailing the Australian Government’s analysis of the NSW Policy. Access to this information is vital for the public to have confidence that important environmental protections are not being eroded.

Links

•        Offsets policies failing to protect threatened species, 5 May 2014
•        Federal handover of environmental approval powers to the states
•        NSW biodiversity offsets policy for major projects 

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Bottom line - Mike Baird resigned before he could be pushed

This is Mike Baird’s announcement of his immediate resignation as NSW Premier and intended resignation as the Member for Manly.

Ex-investment banker Mike Baird entered the NSW Parliament on 24 March 2007 as a Liberal Party member of the Opposition.

Once the Coalition won government he first became Treasurer (2011), then Minister for Industrial Relations (2012), until becoming Premier, Minister for Infrastructure and Minister for Western Sydney in 2014 then jettisoning Infrastructure from his portfolio list in 2015.

He spent less than three years as premier and in that time his popularity with voters has markedly declined on the back of a sustained push to privatise government assets, the implementation of bad planning legislation which restricted a community’s ability to resist inappropriate development, poor funding decisions which impacted on women fleeing domestic violence and unpopular policy choices such as restricting opening hours for bars and clubs but not casinos, the controversial attempt to ban greyhound racing, forced local government amalgamations and the botched $16.8 billion WestConnex plan along with its compulsory acquisitions  – to name just a few.

The fact that he had to be dragged kicking and screaming towards a decision to curb the growth of coal seam gas exploration and mining was also a mark against his name in many rural and regional areas, while scandals reduced confidence in the state-run public hospital system on his watch.

So it is no surprise that Baird decided to jump when an opportunity presented itself rather than be pushed unceremoniously from the premier's chair.

The fault lines in the NSW Coalition were already beginning to publicly surface when a number of National MPS put a motion to conference for a gasfield-free Northern Rivers in 2015, crossed the floor rather than support the abolition of greyhound racing in 2016 and were joined in disunity by certain Liberal backbenchers who began to mutter against excessive land clearing laws and hospital funding that same year - now in 2017 we see the Nationals pushing against further council amalgamations.

ABC News, 20 January 2017:

New South Wales premier-in-waiting Gladys Berejiklian is likely to be the state's next premier, but she is already facing pressure from the Deputy Premier to scrap council mergers in regional areas.

Ms Berejiklian is the only person to put her hand up for the top job, after Transport Minster Andrew Constance bowed out of the race today and offered her his full support.

Deputy Premier John Barilaro has used Premier Mike Baird's resignation yesterday as an opportunity to wipe the slate clean for the coalition.

This includes a demand to end forced council amalgamations in regional NSW.

The Nationals leader, who took over from Troy Grant in November after the party lost the previously safe seat of Orange, said they would no longer be taken for granted.

"We will no longer be forcing local government mergers and that will be the first course of business," Mr Barilaro said.

"I want to make it absolutely clear to the incoming leader of the NSW Liberals and that is that the NSW Nationals no longer will be taken for granted.

"Today I draw the line in the sand that the NSW Nationals won't just accept the crumbs from the Liberal party table."

Last year there was speculation that Baird would retire in 2018 ahead of the March 2019 state election.

It’s highly doubtful that he would have made it to that March general election without a leadership challenge and it looks suspiciously like he finally recognised the no-win position he finds himself in with the electorate.

There is nothing left but for him to do but collect his lucrative parliamentary pension and perks then move on to a second go at a private sector corporate career. 

America is leaderless in 2017

Donald John Trump was not hiding his light under a bushel until after the presidential inauguration.

When during the Republican Party preselection process and then the long national presidential election campaign Trump kept telling the world how smart he was I’m sure there were those who secretly hoped this was so and, that the content of his stump speeches, his social media rants and very limited vocabulary were in combination simply a ploy aimed at the lowest denominator on the voter spectrum.

Unfortunately for those sanguine souls President Trump’s inauguration speech on 20 January 2017, his address to the Central Intelligence Agency the next day, as well as his inflating of swearing-in ceremony crowd size before sending his press secretary out to lie on his behalf, will have dashed theses hopes.

Donald Trump remains exactly as he always presented himself and now America has a predatory oaf as its 45^th president.

One so intellectually lightweight, wilfully ignorant, boastful, bigoted, paranoid, vengeful, erratic and work-shy, that effectively the United States of America is a nation which is leaderless as it goes forward.

Who will fill the vacuum is anyone’s guess.

Will it be his immediate family framing policy and making decisions for him to strut before the cameras? Will it be his newly installed far-right captain’s picks in the White House administration running the country in spite of Trump’s inadequacies? Or will it be a combination of family members, captain's picks and Congress racing around putting out political fires as Trump uncontrollably rampages across the economic and social landscape?

The future is unknowable until it becomes the present and by then it may be too late for America.

* Netflix image found on Twitter

Micro moth with unusual characteristics named after Donald Trump

One might call the genitals of this moth oddly shaped rather than proportionately small, but such is the level of antipathy that Donald Trump managed to generate over the last eighteen months that sections of the media rarely let an opportunity to insult pass it by........

Neopalpa donaldtrumpi

Neopalpa donaldtrumpi genitalia

IFLscience!, 18 January 2017:

......."the Donald" has received the honor of having a new species of moth officially named after him: Neopalpa donaldtrumpi.

Totally unrelated to the moths’ namesake, the new species has a strange blonde thing on its head and small genitals.

The golden-haired species has been described this week in the online journal ZooKeys. With a wingspan of just 7-12 millimeters, these moths can be found around the future location of the Great-Wall-Of-Trump, Arizona, California, and Mexico’s Baja California.

Evolutionary biologist Dr Vazrick Nazari discovered the new species and named it in honor of the soon-to-be president. After sifting through a collection of moths from the genus Neopalpa, he noticed that a few specimens didn't match the criteria for previously known species. For one, the study notes it has “genitalia comparatively smaller” than its closest relative N. neonata. Using DNA barcoding analysis and catalogs from various natural history institutions, Nazari showed that it was indeed a separate unrecognized species….

Dr Nazari said he named the moth as such because of its uncanny resemblance to Trump’s iconic hairdo. However, he also stressed that he hopes the name will generate interest in the species and promote conservation efforts for North America’s neglected micro-fauna.

"The discovery of this distinct micro-moth in the densely populated and otherwise zoologically well-studied southern California underscores the importance of conservation of the fragile habitats that still contain undescribed and threatened species, and highlights the paucity of interest in species-level taxonomy of smaller faunal elements in North America," Nazari said in a statement.

Who knows, as expressed by a tweet from the discoverer Nazari (below), perhaps this species’ name could even grab the attention of the tycoon-turned-president himself.

Vazrick Nazari @vazrick

So I named a species after @realDonaldTrump. Maybe now he'll make conservation of fragile US ecosystems a priority?https://www.researchgate.net/publication/312488576_Review_of_Neopalpa_Povolny_1998_with_description_of_a_new_species_from_California_and_Baja_California_Mexico_Lepidoptera_Gelechiidae …

2:11 AM - 18 Jan 2017 · Ottawa, Ontario

While Trump pleads for money ACLU receives six times its annual donations in a single day

The Committee to Defend the President (a project of the Republican Stop Hillary Hybrid PAC¹ which raised money to assist Donald Trump’s presidential election campaign) is again seeking donations and expressions of support for Trump:

https://soundcloud.com/user-932995833/djtcommitteetodefendthepresident

Mirror UK, 29 January 2017:

Donald Trump's presidency is under attack from the crooked media - that was the bizarre message beamed into millions of homes last night, urging supporters to call a phone number to help.

The vaguely sinister advert warns Trump's agenda to tear up the Affordable Healthcare Act, slash taxes for corporations and spend billions of US taxpayers cash are under "vicious attack".

In a shouty, robotic voice, it insists: "They think they are going to destroy Trump's Presidency - but THEY ARE WRONG."

It goes on to claim Democrats are setting up a "war room" to undermine the President, but doesn't really explain what that means.

And in a tone reminiscent of a TV infomercial, it warns "time is running out" and urges people to call a toll free number to prove Trump has the "overwhelming support of the American people."

Video of the deeply weird clip quickly spread on social media with confused Americans questioning why a sitting President appeared to be in campaign mode…..

You may think Donald Trump isn't a candidate any more, but you'd be wrong.

On the day of Trump's inauguration, he registered with the Federal Elections Committee as a candidate in the 2020 Presidential election. He's legally running for re-election already.

Is that unusual?

Yep. Nobody's ever registered as a candidate in the next election before their Presidency has started in the history of the United States.

Image found at @resisterhood

The Hill, 30 January 2017:

The American Civil Liberties Union received more than $24 million in donations over the weekend after the ACLU sued over President Trump’s executive order blocking refugees and people from seven predominantly Muslim countries from entering the United States.

The donations are roughly six times what the ACLU normally receives in one year, CNN reported. 

About 356,306 people contributed $24,164,691 to the organization this weekend, CNN reported.

A spokesman said the group ran “one last set of numbers” at the end of the night on Sunday that brought  the total to more than $24.1 million, CNN reported.

Officials have called the swift rise in donations “unprecedented.” An organization official, in an interview in CNN, had just one word to describe the rise in donations: “Wow.”

The organization is also reporting  a rise in membership since the start of the Trump administration.

Yahoo News reported ACLU membership rose from 400,000 to more than 1 million since the election. 

Given that during the 2016 presidential election allegedly over US$8 million of campaign money raised through political donations ended up in the bank accounts of Trump businesses, it is not hard to guess why Trump has declared his second candidacy so early.

NOTES:

1. The Stop Hillary PAC was one of three co-filing a lawsuit and a motion for a temporary restraining order in U.S. District Court in December 2016, seeking to stop the Wisconsin vote recount after the November 2016 presidential election.

Evans Head Residents for Sustainable Development warn that NSW North Coast in for a "right rogering" as Baird's proposed changes to NSW coastal planning legislation come into effect

Echo NetDaily, 19 January 2017:

The NSW coast is in for a ‘right rogering’ should the state government have its way and implement new coastal plans and policies, according to Dr Richard Gates from the Evans Head Residents for Sustainable Development group.

Dr  Gates said the new planning instruments would suit big developers and give lots of discretionary legislative ‘wiggle room’ for local and state governments to do as they please with the coast.

‘If this stuff goes through you can expect a bulldozer in your backyard anytime soon and high density development,’ he said.

‘We are on our way to a new Gold Coast. I have already seen plans for major developments which are being held back until the new legislation goes through.’

Consultation on the draft Coastal Management State Environmental Planning Policy (SEPP) and draft maps of the coastal management areas that make up the coastal zone closes on 20 January 2017 (for more detail see: http://www.planning.nsw.gov.au/CoastalReform ).

The community has an opportunity to have its say at: coastal@planning.nsw.gov.au

The new Coastal Management Act 2016, which is contingent on the mapping and other coastal planning instruments, was passed by Parliament on 31 May 2016 and will become operational following consultation on the draft Coastal Management SEPP government sources claim.

The new suite of instruments tears up former  NSW Coastal Policy and replaces three State Environmental Planning Policies (SEPPs) with one.

Dr Gates said the problem was that the environmental maps on which the new instruments were based were not complete, do not exist, or are based on material that was defective when it was used back in the 1980s.