So you think it is a good idea, Gladys, allowing a small cruise ship into a relatively shallow Port of Yamba?

The Clarence River Estuary is part of the largest combined river-ocean commercial fishery on the Australian east-coast.

It also contains the Port of Yamba at its mouth.

Every vessel entering the port has to navigate past a coffee rock reef protected by Native Title which curves around the entrance waters.

The navigation channels these vessels sail range in depth from 3m to 5.5m on a good day.

This port can safely take vessels with an overall length of no more than 120m, a maximum beam of 20m and a draft limit of 5m or less.

Even small recreation boats straying a few feet out of the main navigational channel can sometimes get stuck in shifting mud banks. While the Yamba-Iluka ferry has been known to find itself momentarily stuck in sand within feet of the wharf in Yamba Bay.

This is the port that NSW Premier Gladys Berejiklian has given the nod to as a cruise ship destination if the October 2017 announcement by two of her ministers is any indication. Minister Pavey’s office afterwards stating that the first small cruise ship is to arrive in October 2018.

That ship has been identified as the Caledonian Sky, a 26 year-old, 90.6m long vessel with 4200 gross tonnage, a beam width of 15.2m, maximum draft of 4m and a carrying capacity of 114 passengers.

This first cruise ship visit has been approved ahead of any investigation of estuary/port conditions and capacity, community consultation or practical preparation.

But what could possibly go wrong? It’s a small cruise ship, right? It will get in and out of the port OK, won’t it?

Well let us look at other small cruise ships which were not making their very first visit to the area in which they were sailing……..

A limited selection of typical maritime incidents involving small cruise ships 

8 July 2008 - Spirit of Glacier Bay grounded just after 7am (local time) today near Glacier Bay in Alaska. The ship had 51 people on-board. No injuries were reported. Unclear whether the grounding was caused by human error or a mechanical or electronic malfunction.

9 September 2009 – The Balmoral anchored off Portree, Skye with severe gales preventing it from berthing in the harbour. The liner departed Invergordon on 7 September with a reported 18 cases of the highly infectious novovirus among its 1,280 passengers and 516 crew.

23 May 2010 - Deutschland moored at the quay in Eidfjord in Norway when a fire broke out in the engine room. The 608 passengers were evacuated safely and 205 crew stayed on-board to help battle the fire. Damage was contained to an isolated area and limited with the help of fire doors.

29 August 2010 - M/V Clipper Adventurer  ran aground Friday when it hit a rock. It was carrying 110 passengers on a cruise through the Northwest Passage when the mishap happened. No injuries have been reported among the passengers and 69 crew members on board. In 2017 a Canadian court ordered the owners to pay pollution related costs and fines arising from the incident finding the Coast Guard properly warned the Clipper Adventurer's crew of the rock shelf through a notice to shipping, which was not on board the ship. The court wrote "as it was, this nonchalant attitude put the lives of close to 200 souls at risk." A total of 13 tanks aboard were breached during the grounding. Some of those tanks held fuel, freshwater and sludge.

15 September 2011 - MS Nordlys was sailing from Bergen, Norway to the town of Kirkenes when fire broke out in the engine room of the cruise ship with 207 passengers on-board.  Passengers were safely evacuated from the ship at the port of Alesund, Norway. Two crew members were killed and nine others were taken to the hospital for treatment. The investigation concludes that the fire probably started when a diesel leakage was ignited coming into contact with an un-insulated indicator valve on starboard main engine. The most probable cause of the diesel leakage was fatigue fracture in the feed pipes for a fuel injection pump due to the pump being loose. AIBN is of the opinion that insufficient job specification in the shipping company’s maintenance system had contributed to the fuel injection pump not being sufficiently fastened and to the indicator valve not being sufficiently insulated.

3 June 2012 – Independence allegedly discharge of soapy water into the harbour at Bar Harbor from the cruise ship as it was tied up to the town pier. The water was effluent from clothes washing machines on the ship; the overboard discharge valves to the forward washing machines had been left open. 

21 May 2013 - MS Serenissima, which had 112 people on board, became stuck in sand and gravel at about 18.30 on Monday 20 May. It was refloated at about 01:10 after an earlier attempt failed due to high winds.

11 May 2015 - MV Hamburg grounded on charted rocks near the New Rocks buoy in the Sound of Mull, Scotland with 461 persons on board. There were no injuries but the accident caused considerable raking damage to the hull and rendered the port propeller, shaft and rudder unserviceable. Ship’s captain plead guilty to two charges.

12 August 2015 – State of Alaska issued cruise ship operators 18 notices of violation involving 48 instances of excessive air emissions since 2010. Each violation of law carries a fine of approximately $37,500. Between 2009 and 2013 Alaska reportedly issued 174 Notices of Violation for cruise ships discharging in violation of Alaska Water Quality Standards.

23  December 2015 - Star Pride while passing through UNESCO World Heritage Site Coiba National Park on 22 December hit some slightly submerged rocks while attempting to navigate through a shallow channel. The ship underwent repairs in this delicate ecosystem.

31 March 2016 - Adventure Hornblower was attempting to dock at the Navy Pier in downtown San Diego, California. As the vessel made its approach to the pier, its bow unexpectedly swung to starboard and allided with the pier’s passenger embarkation dock. The ship then accelerated forward until it struck the seawall at the foot of the pier. Eight passengers sustained minor injuries in the accident. The allision caused nearly $1.06 million in damage to the vessel, pier, and seawall.

14 October 2016 – Pacific Princess struck a breakwater at Villefranche-sur-Mer (port to Nice, France) at 6am. The accident occurred in rough seas, with strong winds of over 50 mph (80 kph), causing the ship’s portside hull to hit rocks at the harbor’s entrance. Just as the vessel passed the harbor’s opening in the breakwater, a sudden gust of wind hit and skidded it into the breakwater’s wall. 

2 September 2016 - SeaDream I with 105 passengers and 61 crew caught fire off Naples, Italy. The vessel was making a voyage between Amalfi and Palinuro in Tyrrhenian sea, but one of the generators suffered failure and started smoking. The thick smoke and flames engulfed the whole engine compartment, causing damages to the engineering. Local authorities dispatched tug at the scene of the accident, which towed the cruise ship to Naples

19 December 2016 -  Spirit of Baltimore cruise ship captain fell asleep while navigating the ship on 28 August. Unattended, the boat with approx. 400 passengers veered off course and crashed into two moored recreational boats and floating pier at Henderson’s Wharf Marina in Fells Point, Maryland.

12 March 2017 - MV Caledonian Sky hit coral reefs at Crossover Reef, inflicting significant damage to one of the world's most biodiverse reefs on 4 March. It has been voted among the best diving spots in the world According to NSW Minister for Roads, Maritime and Freight Melinda Pavey this cruise ship will be mooring in Yamba in October 2018. This ship is a repeat offender having previously damaged coral off Medan in Sumartra.

5 April 2017 - L'Austral grounded on 9 January 2017 at Snares Island with hull breached and one ballast tank damaged. It then grounded a second time in Milford Sound on 9 February.

By now, Premier Berejiklian, you may be entertaining the idea that lining up the small regional port and town of Yamba for cruise ship visits may not be the best idea your government has floated.

But that's not what this port expansion push is really all about, is it Gladys?

No, your government has decided that all three small regional ports ideally should become multipurpose ports which include commercial shipping, cruise shipping and defence facilities as well as extensive channel & mooring area dredging to at least an 8m minimum with channel access suitable for ships 300m long - which is as long as a Panamax super freighter.

Sadly, in the future there won't be a viable, biodiverse, seafood rich, clean and green Clarence River Estuary if the Berejiklian Coalition Government has its way.

BACKGROUND

North Coast Voices, 15 March 2017, Is the NSW Dept. of Industry seeking to significantly expand the Port of Yamba?

ICAC investigating water theft and allegations of NSW government corruption involving party donors

Eventually full details of this investigation will become public, as it cannot seriously be thought to be in the public interest for the NSW Independent Commission Against Corruption (ICAC) not to publish findings.

The Australian, 27 October 2017:

ICAC has begun a preliminary ­investigation into whether NSW public officials favoured Nationals donor and irrigator Peter ­Harris by not prosecuting him over ­alleged water theft.

The Independent Commission Against Corruption is also investigating whether public officials made decisions in favour of western NSW irrigator and lobbyist Ian Cole by changing water sharing arrangements to benefit him.

A day after The Australian ­revealed that the corruption watchdog was investigating a case where Multicultural Affairs Minister Ray Williams wrote to ­Primary Industries Minister Niall Blair asking for prosecutorial ­action against constituent Garry Bugeja to be dropped, it has emerged that the NSW government is facing a ­series of inquiries over its water policies.

The Berejiklian government is facing the real spectre of a public ICAC inquiry potentially involving the two ministers and at least one former primary industries minister, Katrina Hodgkinson, just months out from the 2019 state election.

ICAC is investigating whether former deputy director-general of the Department of Primary ­Industry Gavin Hanlon disclosed confidential information to ­Barwon-Darling irrigators, allegations that have been the subject of a government inquiry and led to Mr Hanlon’s resignation.

The commission is also understood to be looking at whether any public official failed to properly investigate or prosecute Mr Harris, a cotton farmer from Moree, in northern NSW. ICAC is also understood to be investigating why the department’s strategic investigations unit was disbanded, leading to the abandonment of several water compliance operations.

There is also an investigation into whether any public official acted inappropriately in making changes to the Barwon-Darling Water Sharing Plan to benefit ­irrigator Mr Cole.

Another line of investigation is understood to be whether any person improperly gave access to departmental files and confidential material for the benefit of Mr Harris. Investigations into Mr Cole are understood to also involve whether pumps were attached to a property and were authorised by the department in breach of water laws…..

It was revealed earlier this year that Mr Blair sought law changes which may have benefited Mr Harris by retrospectively approving water-trading rights granted to him that appeared to not comply with the law. But Environment Minister Gabrielle Upton blocked the changes.

Mr Blair also legislated to allow past illegal works to be retrospectively approved — another piece of law which may have helped Mr Harris….

Mr Bugeja was not prosecuted for an alleged ­illegal dam in Sydney after Mr Williams wrote to Mr Blair

Australian Attorney-General, Liberal Senator for Queensland and faux Queen's Counsel fails to convince there is a need to change Sec 44 of the Australian Constitution

Commonwealth of Australia Coat of Arms 1912

Now that the High Court of Australia has removed the Leader and Deputy Leader of Coalition partner, the National Party of Australia, it seems the next move by the Liberal Party is to change the rules governing federal elections.

This was Australian Attorney-General, Liberal Senator for Queensland and faux Queen’s Counsel, George Brandis, on 29 October 2017 according to Sky News:

Mr Brandis said while the government accepted the High Court ruling, Section 44 in its current form on citizenship 'is not suitable for a multicultural democracy'.

'Australia is one of the most successful multicultural society in the world…..It is an unusual situation that there should be a provision of our constitution... where there are doubts about the capacity or eligibility of potential millions of Australians to stand for parliament.'

In 1891 the first published headcount of the Australian population occurred. There were 3.17 million people resident in the country and of these 31.99 per cent were born overseas in the United Kingdom, Europe, Asia, Africa, North and South America, Polynesia and New Zealand.

In 1901 the Commonwealth of Australia Constitution which includes Section 44 (disqualification from nominating as a candidate in a federal election/by-election) was adopted and, and the censuses of Australian states were undertaken that same year.

On 31 March 1901 the total combined population of all Australian states was recorded as 3.77 million people with 22.24 per cent of this population identified as being born overseas in the United Kingdom, Europe, Asia, Other Countries and New Zealand.

So right at the beginning of Federation this nation could rightly be considered a “multicultural democracy”.

However, one of the first pieces of legislation passed by the new federal parliament 1901 was the Immigration Restriction Act which was the basis of what became known as the “White Australia Policy”.

Ten years later in 1911 when another national census occurred 4.45 million people were recorded as resident within Australia. Despite immigration restrictions Australia was still maintaining a strong multicultural presence with 17.68 per cent of the population having been born overseas in the United Kingdom, Europe, Asia, Africa, North and South America, Polynesia and New Zealand.

In 1958 the "White Australia Policy" was finally dismantled for good and seventeen years after that the Racial Discrimination Act was pased.

At the 2016 national census there were 23.40 million people recorded as resident within Australia and 28.5 per cent of this population were born overseas in - you guessed it – Europe, Asia, Africa, North and South America, Polynesia (now recorded as Oceania) and New Zealand.

It seems that – with a few hiccups along the way such as restricted immigration, two world wars and the Great Depression – cultural and ethnic diversity by way of immigration has always been a significant part of post-colonial Australian society.

If Senator Brandis wants to convince voters that the Constitution should be changed or additional legislation created, which would allow wannabe politicians free rein to decide to ignore holding dual citizenship and determine for themselves what they can declare or conceal from the electorate on their nomination forms, he will have to think of a better argument than the one he put forward to Sky News.

The American Resistance has many faces and this is just one of them (16)

Impeach trump ads are starting to pop up. A beautiful sight. The trashy, unhinged, treasonous racist isn't America.pic.twitter.com/wkEYnlKuaJ

— Ricky Davila 🇵🇷 (@TheRickyDavila) October 21, 2017

via @TheRicyDavila 

* The US Fox Nertwork LLC entered a contract to sshow this political advertisement. It has withdrawn this advertisement from Fox News on or about 28 October 2017.

"It is no coincidence that the Cancellation of the Advertisement, in the second week of its run, came on the heels of a tweet from President Trump, criticizing the spot and Mr. Steyer personally" Mr Steyer’s lawyer asserts.

Are NSW police racially profiling young offenders?

Junkee, 26 October 2017:

A NSW Police intelligence program that uses secret algorithms to identify suspects who may commit a “future crime” is disproportionately targeting young people and Aboriginal and Torres Strait Islander people, according to a comprehensive new report.

The ‘Policing Young People in NSW’ report was published by the Youth Justice Coalition, a network of youth workers, lawyers, academics and policy experts. It was written by Dr Vicki Sentas, an academic at the University of New South Wales, and Camilla Pandolfni, a solicitor at the Public Interest Advocacy Centre.

The report is the first comprehensive look at the Suspect Targeting Management Plan (STMP), a NSW Police program that “seeks to prevent future offending by targeting repeat offenders and people police believe are likely to commit future crime”.

The STMP involves the use of “risk assessment tools” and algorithms that take into account a series of “risk factors” to identify potential future criminals. Suspects in the program are categorised on a scale from “low risk” to “extreme risk” and then targeted by police officers through regular house visits and the use of stop and search powers.

The criteria used to identify suspects is not publicly available, and individuals targeted through the STMP are not notified of the reasons behind their risk categorisation. The whole program is managed internally by the police and there are no specific laws or regulations governing its operation.

Excerpt from Youth Justice Coalition Report, Policing Young People in NSW: A study of the Suspect Targeting Management Plan:

The preliminary findings based on this research are:

* Disproportionate use against young people and Aboriginal people: Data shows the STMP disproportionately targets young people, particularly Aboriginal and Torres Strait Islander people, and has been used against children as young as ten.

* Patterns of ‘oppressive policing’ that may be damaging relationships between police and young people: Young people targeted on the STMP experience a pattern of repeated contact with police in confrontational circumstances such as through stop and search, move on directions and regular home visits. The STMP risks damaging relationships between young people and the police. Young people, their families or legal representatives are rarely aware of criteria used to add or remove people from the STMP. As the case studies show, young people experience the STMP as a pattern of oppressive, unjust policing.

* Increasing young people’s costly contact with the criminal justice system and no observable impact on crime prevention: The STMP has the effect of increasing vulnerable young people’s contact with the criminal justice system. Application of the STMP can be seen to undermine key objectives of the NSW youth criminal justice system, including diversion, rehabilitation and therapeutic justice. The research has identified several instances where Aboriginal young people on Youth Koori Court therapeutic programs have had their rehabilitation compromised by remaining on the STMP. There is no publicly available evidence that the STMP reduces youth crime.

* Encouraging poor police practice: In some instances, the exercise of police search powers in relation to a young person on the STMP have been found unlawful by the courts. The STMP may be inadvertently diminishing police understanding of the lawful use of powers (set out in the Law Enforcement Police Powers and Responsibilities Act 2002 (NSW) (LEPRA)) and thereby exposing police to reduced efficacy and civil action. * No transparency and an absence of oversight, scrutiny or evaluation: The operation of the STMP is not transparent or accountable. Criteria for placement on the STMP are not publicly available, individuals cannot access their STMP plan and it is unclear what criteria are used by police to remove a person from the STMP…..

Based on the research and findings presented here, the report recommends that:

1. NSW Police discontinue applying the STMP to children under 18. Children suspected of being at medium or high risk of reoffending should be considered for evidence-based prevention programs that address the causes of reoffending (such as through Youth on Track, Police Citizens Youth Clubs NSW (PCYC) or locally based programs developed in accordance with Just Reinvest NSW), rather than placement on an STMP.

2. NSW Police make the STMP policy and operational arrangements publicly available to enable transparency and accountability.

3. NSW Police amend the STMP policy so that any person considered to have a ‘low risk’ of committing offences not be subject to the STMP.

4. NSW Police amend the STMP Policy to mandate formal notification by police to any individual placed on a STMP, including reasons for placement on the STMP and the date of next review. Subsequent notifications to individuals on an STMP should outline the outcome of the review and reasons for the STMP being maintained or discontinued.

5. NSW Police make data on the STMP publicly available through the NSW Bureau of Crime Statistics and Research (BOCSAR). Available data should include demographic information (age, Aboriginal or Torres Strait Islander status, ethnicity, Local Area Command LAC), as well as data on the length of time enrolled in the STMP and the category of risk determined.

6. NSW Police commission BOCSAR to evaluate whether the STMP is reducing youth crime.

7. NSW Police provide all police officers with formal training on the STMP which:

i. Clarifies its status as an intelligence tool;

ii. Provides guidance on the criteria for inclusion and exclusion from the program and the alternative programs available;

iii. Sets out its operational requirements, and limits; and iv. Provides guidance on the relationship of the STMP to the law. For example, training should clarify that a persons’ inclusion on an STMP cannot provide a basis for grounding a reasonable suspicion (either on its own or together with a number of other factors) under LEPRA.

8. The Law Enforcement Conduct Commission (LECC) conduct a comprehensive review of the STMP.1 The terms of reference of the recommended LECC review should include consideration of whether the STMP:

i. is effective and appropriate in dealing with the risk of offending in young people under 25 and children;

ii. is effective and appropriate in dealing with the risk of offending in adults;

iii. is effective and appropriate in relation to other vulnerable people (as defined in clause 28 of the Law Enforcement (Powers and Responsibilities) Regulation 2016), including those with impaired intellectual or physical functioning, Aboriginal and Torres Strait Islander peoples and persons from non-English speaking backgrounds;

iv. is consistent with NSW policy and practice for juvenile justice including principles of diversion from the criminal justice system as well as NSW law, including the Young Offenders Act 1997 (NSW), and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW); and

v. is consistent with NSW Police policies and practices for policing children and young people, including the NSW Police Force Youth Strategy, as well as the Aboriginal Strategic Direction and Aboriginal Action Plans, the NSW Domestic Violence Strategy, the NSW Police Disability Inclusion Action Plan and all other policies and procedures regarding vulnerable persons.

In the course of the review, the LECC should consult with other professional disciplines such as mental health practitioners, Family and Community Services Managers, the Department of Justice, and community workers about best practice in diversion, crime prevention and the needs of young people.

Finally, this report is the first publicly available study about the STMP. The unjustified secrecy around the STMP has prevented appropriate, transparent, program evaluation and more thorough examination of the impact the STMP is having on young people, crime prevention and police practice. This report’s conclusion that the operation of the STMP is likely to be having damaging effects on young people is compelling grounds for further investigation and external scrutiny.

Anthony Waldron: "I knew there were a lot of threatened species in Australia, but I didn't realise things were getting worse so quickly."

ABC News, 26 October 2017:

Koalas are one species under pressure in Australia.

(Supplied: WWF)

Australia is one of seven countries responsible for more than half of global biodiversity loss, according to a study published today.

Scientists based their findings on the worsening in conservation status of species between 1996 and 2008 on the International Union for the Conservation of Nature (IUCN) red list.

The IUCN red list uses a series of categories to rank how close a species is to extinction, from "least concern" through to "extinct in the wild".

Of the 109 countries studied, Papua New Guinea, Indonesia, Malaysia, India, China and the United States (primarily Hawaii) also ranked inside the top seven as the worst offenders on conservation.

The researchers conceded that species native to multiple countries presented an obstacle to their calculations, but lead author Anthony Waldron says they were able to narrow down where the pressures were coming from.

"Once you actually work out [which country] might have been responsible for the loss of diversity, Australia is standing there at number two," Dr Waldron said.

"I knew there were a lot of threatened species in Australia, but I didn't realise things were getting worse so quickly."

Compared to Australia, which recorded a biodiversity loss of between 5 and 10 per cent of the total global decline, the study published in Nature found Indonesia had "absolutely the highest number of declining species", representing around 21 per cent of the total decline during the period.

Reduction in biodiversity was calculated by looking at species that had their IUCN red list upgraded during the period, such as from "least concern" to "threatened", or "vulnerable" to "endangered"……

Environmental sustainability professor Barry Brook from the University of Tasmania said there were a number of pressures threatening biodiversity in Australia.

"The predominant one is landclearing — ongoing clearing for habitat. New South Wales and Queensland have been particularly bad for that over the past two decades," Professor Brook said.

"[But] it's also what's known as 'lags' or 'extinction debt'. That's where you've had this historical change over many decades and it takes time for extinction to catch up as populations are reduced and fragmented and lose genetic diversity, then gradually fade away."

He said that spending on conservation is worthwhile when it involves preserving habitat or targeting pests.

"Native biodiversity is definitely improved by removing invasive plants and to a lesser extent invasive species."

Orange-bellied parrots are one of Australia's critically endangered species.

(ABC News: Caroline Winter)

BACKGROUND

Nature Magazine, Anthony Waldron  et al, Reductions in global biodiversity loss predicted from conservation spending, 25 October 2017

US President Donald Trump can run but can he hide?

After months of fighting to have this court case go away US President Donald J. Trump is in the process of being forced to hand over documents relating to at least ten sexual assault allegations, as part of a defamation action.

This subpoena only became public in September 2017.

Subpoena in Summer Zervos v Donald J. Trump by clarencegirl on Scribd

According to BuzzFeed on 15 October 2017:

Trump’s response to Zervos’s motion is due Oct. 31, according to Zervos’s attorney, Gloria Allred. In a statement Allred said: “We are hopeful that the court will deny President Trump’s motion to dismiss, so that we may move forward with discovery and obtain relevant documents and testimony.”

The original compliant and jury demand was lodged in the Supreme Court Of The State Of New York County Of New York in January 2017 as Summer Zervos v Donald J. Trump.

UPDATE

Trump's response has been reported in the media as characterising his allegedly defamatory statements, about private citizen Summer Zervos, as political opinion protected under the US Constitution.