New South Wales 2020: the problem of water greed & outright theft

The Sydney Morning Herald, 21 September 2020:

The rapid growth of blueberry and other intensive farming in northern NSW has prompted a crackdown on illegal water use and sparked concerns about pollution in rivers and in the state's first marine conservation area.

The Natural Resources Access Regulator found 28 of 31 farms it inspected around the Coffs Harbour region in the first two stages of the clampdown were allegedly non-compliant with water laws.

The regulator said in the five years prior to the start of the campaign, agencies received more than 130 reports of alleged breaches in the region. "This potentially indicated a high level of non-compliance," a spokeswoman for the regulator said.

For the first two phases, the regulator ordered 13 farms to reduce the capacity of dams among 25 directions. Other actions include 20 penalty notices, with more likely after a third stage of investigations last month.

The problems stem in part from the conversion of banana farms to blueberries, raspberries and cucumbers, among other products, in the past two decades. Farms with set water licences have been subdivided, with new owners apparently adding bores, pumps and even dams on the smaller plots.

Water quality, too, has been compromised as the more intensive crops increase the use of fertilisers, pesticides and other chemicals. That's prompted the Coffs Harbour City Council to commission multiple studies by researchers from the Southern Cross University, among others.

One report found levels of nitrogen soared after rains as fertiliser from farms washed into rivers, reaching 695 times that of drier conditions.

"These [nitrogen oxide] loads were amongst the highest reported for catchments on the east coast of Australia, and similar to loads in rivers throughout China, Europe and India with strong agricultural or urban influences," the 2018 study found.

Shane White, one of the Southern Cross University researchers, said the Coffs region is prone to short, heavy rain bursts. Soils in the hilly area are typically shallow and sit on a clay base that limits the absorption of water, leading to significant run-off….

Breaches of NSW water laws have also been found in the Northern Rivers area in 2020 to date - 1 direction notice and 2 penalty notices have been issued to Clarence Valley LGA landowners, 2 direction notices to Ballina LGA landowners, 3 penalty notices to Byron Bay LGA landowners, 3 penalty notices to Lismore LGA landowners and 1 direction notice and 3 penalty notices for Tweed LGA landowners.

Cartoons of the Week

David Rowe

Cathy Wilcox

Tweets of the Week

Nature is much better than we are at ‘carbon capture and storage’...take this flooded gum in the precious (and threatened) rainforests of northern NSW... pic.twitter.com/QiIPu9XV0R

— Peter Hannam (@p_hannam) September 19, 2020

Video from today’s #freedomday protest. Anti-lockdown protesters with police hot on their tails at Elwood Beach. Melbourne. Victoria. #melbournelockdown #WWG1WWGA pic.twitter.com/glMj8YJRi4

— precursor (@occupy_now) September 19, 2020

TURN ON SOUND

Deaf community celebrating Auslan in 2020 with a Leaders Challenge

MediaNet, 22 September 2020:

Australian Leaders Participate in the Auslan Community Leaders Challenge

Australian Community Leaders sign a message of support for the Deaf Community for International Day of Sign Languages.

On Wednesday 23rd September, the United Nations sanctioned International Day of Sign Languages, the Auslan Community Leaders Challenge hits social media.

Leonie Jackson, Executive Manager, Advocacy and Strategic Partnerships at Deaf Services and the Deaf Society says “the second Auslan Community Leaders Challenge invites Australian Community Leaders to demonstrate their support for 30,000 Australians who use Auslan; Australian Sign Language, as their primary language.

"This year 52 Community Leaders accepted the challenge to try their hand at signing their name and their support for the Deaf community,” Mrs Jackson says.

“We are pleased to see so many Community Leaders recognise the importance of access for Deaf people through the Auslan Challenge.”

“In line with this year’s theme, these messages acknowledge the importance of improving access to emergency information, accredited interpreter services and information for families of Deaf children that outlines the full spectrum of opportunities available to their child.

"New in 2020, Deaf Community members have also developed their stories demonstrating the significant impact improved access to information and interpreters has had on their lives.”

Who’s involved?

• The Hon. Scott Morrison MP, Prime Minister of Australia,

• The Hon. Anthony Albanese MP, Leader of the Opposition, Leader of the Labor Party

• His Excellency General the Hon. David Hurley AC DSC (Retd) and Her Excellency Mrs Linda Hurley

• Her Excellency the Hon. Margaret Beazley AC QC Governor of New South Wales • Her Honour the Hon. Vicki O'Halloran AO, Administrator of Northern Territory

• His Excellency the Hon. Paul de Jersey AC Governor of Queensland

• Her Excellency Professor the Hon. Kate Warner AC Governor of Tasmania

• The Hon. Linda Dessau AC Governor of Victoria

• His Excellency the Hon. Hieu Van Le, AC Governor of South Australia

• The Hon. Kim Beazley AC Governor of Western Australia

To celebrate International Day of Sign Languages these videos will be posted on social media using the hashtags: #AuslanCommunityLeadersChallenge2020 #Auslan #InternationalDayofSignLanguages #IWODP #IDSL2020 #IWDeaf2020.

The Auslan Community Leaders Challenge is a collaboration between Deaf Services and the Deaf Society, alongside Ms Julie Owens MP, Member for Parramatta. Deaf Services and the Deaf Society would like to thank Access Plus WA Deaf in Western Australia and Deaf Can:Do in South Australia, who worked alongside their Vice Regals and Patrons this year.

For more, visit: http://wfdeaf.org/iwdeaf2020.

To see last year’s Auslan Leaders Challenge: https://deafsociety.org.au/auslan-leaders-challenge

Morrison Government continues to drag its feet on national greenhouse gas emissions reduction

Renew Economy, 21 September 2020:

Morrison said, of net zero emissions:

"Well, as you know, our policy is to achieve that in the second half of this century, and I certainly will achieve that, and that’s why this week’s announcements were so important because it was about the technology we need to invest in now, which will make it a reality, particularly on the other side of 2030. The target that you’ve talked about becomes absolutely achievable. I’m interested in doing the things that make that happen. I think that is very achievable"…..

Morrison was, in fact, effectively stating that Australia would reach net zero emissions by 2100. Heck, what’s a half-century between friends?

In fact, Australia’s Paris climate agreement targets are neatly aligned with reaching net zero by 2100, whereas Labor’s old 45% by 2030 targets were aligned with net zero by 2050 (the far safer option). Unfortunately, the latest projections from the government are wildly off course, not only for net zero by 2050, but also for net zero by 2100….

If the rate of yearly emissions drops between 2020 and 2030 in Australia’s government projections continue, by my own reckoning, Australia will reach net zero emissions in the year 2300….

The Guardian, 22 September 2020:

The Morrison government’s rejection of a net zero emissions target for 2050 is at odds with the Paris agreement and more than 100 countries that have backed the goal, according to some of Australia’s most experienced climate experts..... 

countries in Paris including Australia had specifically asked the Intergovernmental Panel on Climate Change to examine what 1.5C of heating would mean, and what needed to be done to avoid it. 

The resulting report, released in 2018, found global emissions needed to effectively be cut in half by 2030 – to be 45% below 2010 levels – and to reach net zero by 2050. It found staying within 2C heating would require net zero by 2070, but the impact of that was likely to be far worse. 

Australia chose to stick with its existing 2030 target of a 26% to 28% cut below 2005 levels and is yet to set a date to reach net zero.....

By contrast, [Erwin] Jackson said, Australia was “confusing the market”. “On the one hand, it has signed up to an international agreement that is supposed to put it on a path to net zero emissions by no later than 2050,” he said. “On the other, it keeps talking about ‘low emissions’. We’ve moved on from a conversation about low emissions. Globally, we have recognised we need to get to zero emissions.”

BACKGROUND

Australia is almost standing still when it comes to reducing its national annual greenhouse gas emissions. At the end of 19 calendar years in 2019 federal government policy has only resulted in our annual greenhouse gas emissions falling by a trifling 18.5 metric tonnes in comparison with the annual emissions at the end of the year 2000.

Estimated National Greenhouse Gas Emissions in metric tons of carbon dioxide equivalent or MTCO2e over last 20 years - includes Land Use, Land Use Change and Forestry:

2000 - 551 Mt CO2-e

2001 - 570 Mt CO2-e

2002 - 568 Mt CO2-e

2003 - 561 Mt CO2-e

2004 - 574 Mt CO2-e

2005 - 597 Mt CO2-e 

2006 - 610 Mt CO2-e

2007 - 606 Mt CO2-e

2008 - 590 Mt CO2-e 

2009 - 584 Mt CO2-e 

2010 - 543 Mt CO2-e

2011 - 546.3 Mt CO2-e

2012 - 551.9 Mt CO2-e (total excludes Land Use, Land Use Change and Forestry)

2013 - 538.4Mt CO2-e

2014 - 535.9 Mt CO2-e 

2015 - 535.7 Mt CO2-e

2016 – 543.3 Mt CO2-e

2017 – 533.7 Mt CO2-e

2018 – 532.5 Mt CO2-e 

2019 – 532.5 Mt CO2-e (this annual total marks a difference of only -18.5 Mt CO2-e compared with the year 2000 annual total)

2020 – 528.7 Mt CO2-e (total up to 30 March)

Note:

Unadjusted figures found in Australian Government National Greenhouse Gas Inventory: Quarterly updates.and at Australian Dept. of Environment and Energy.

The estimated totals from 2000 to 2009 are from Dept. of Energy and Environment.

Proof that the Morrison Government considers itself above the law

Image: ALEX ELLINGHAUSEN, The Sydney Morning Herald 

Minister for for Cities, Urban Infrastructure and Population & Liberal MP for Aston Alan Tudge (left) has been Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs since 13 December 2019.

It is to him the following Federal Court of Australia judgment refers.

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2020] FCA 1354 (23 September 2020), excerpts from judgment of 23 September 2020:

CONCLUSIONS

Ground 1 of the Amended Originating Application has been upheld. Notwithstanding the agreement between the parties to the Tribunal proceeding, the Tribunal erred in acting upon the agreement between the parties that the decision in BAL19 required it “to set aside the ... delegate’s decision” and that “[the] only question” to be resolved was the form of the “further order” to be made under s 43(1)(c) of the Administrative Appeals Tribunal Act.

Although the Tribunal quite properly acted upon the agreement of the parties that it was bound by BAL19, the fact remains that the Tribunal failed to give any consideration to a matter of fundamental importance to a decision as to whether to grant or refuse a protection visa – namely, the discretion conferred by s 501(1). In failing to do so, the Tribunal committed jurisdictional error.

The second Ground of review, it has tentatively been concluded has some merit.

Even if both Grounds of review were made out, however, relief should be refused in the exercise of the Court’s discretion. The Minister cannot place himself above the law and, at the same time, necessarily expect that this Court will grant discretionary relief. The Minister has acted unlawfully. His actions have unlawfully deprived a person of his liberty. His conduct exposes him to both civil and potentially criminal sanctions, not limited to a proceeding for contempt. In the absence of explanation, the Minister has engaged in conduct which can only be described as criminal. He has intentionally and without lawful authority been responsible for depriving a person of his liberty. Whether or not further proceedings are to be instituted is not a matter of present concern. The duty Judge in the present proceeding was quite correct to describe the Minister’s conduct as “disgraceful”. Such conduct by this particular Minister is, regrettably, not unprecedented: AFX17 v Minister for Home Affairs (No 4) [2020] FCA 926 at [8] to [9] per Flick J. Any deference to decisions made by Ministers by reason of their accountability to Parliament and ultimately the electorate assumes but little relevance in the present case. Ministerial “responsibility”, with respect, cannot embrace unlawful conduct intentionally engaged in by a Minister who seeks to place himself above the law. Although unlawful conduct on the part of a litigant does not necessarily dictate the refusal of relief, on the facts of the present case the Minister’s conduct warrants the refusal of relief.

It is finally concluded that there should be no order for costs. Although PDWL has succeeded in retaining the visa granted to him, that result follows not from the lack of success on the part of the Minister in establishing jurisdictional error but rather from the discretionary refusal of relief.

THE ORDERS OF THE COURT ARE:

The Amended Originating Application filed on 20 July 2020 is dismissed.

There is no order as to costs. [my yellow highlighting]

Alan Tudge should resign from the Australian Parliament with immediate effect.

However, it is highly likely he will refuse any call to do so and instead appeal this judgment.

Dispatches from the Australian Koala Wars

Echo NetDaily, 21 September 2020:

The Knitting Nannas standing up (and sitting down) for koalas in Casino.

The Knitting Nannas are holding regular public knit-ins in Casino in support of NEFA, to raise awareness about Forestry operations logging in koala habitat in particular in Myrtle Forest, near Casino which was severely impacted by last summers’ fires.

The Nannas say recent surveys by Dailan Pugh and NEFA volunteers found evidence of koala scats in Myrtle forest and additional roosting trees.

The Nannas say the forest needs to recover to enable koalas to recover.

SpokesNanna Rosie said that the recent government report that found koalas will be extinct by 2050 in the wild makes this imperative. ‘It is estimated Banyabba koalas which range this forest lost 83% of their population. Last week we had a long chat to an old forester who agrees that current Forestry practices are not sustainable…….

The Sydney Morning Herald, 21 September 2020:

Almost three-quarters of key habitat the Berejiklian government was planning to set aside for koala protection was burned in last summer's fires.  
The government announced in May 2018 it would begin to address the decline of koala numbers including preserving extra habitat, according to a Planning Department paper dated June 23 this year. 

It started to transfer more state land to the national parks system, including 1382 hectares from the Mount Boss State Forest to the Kindee Creek area and 2080 hectares earmarked in the Carrai State Forest to the Willi Willi National Park. 

However, last season's devastating bushfires burnt more than 5 million hectares in the state. Of the state forests transferred to national park tenure, 72 per cent "were impacted", as were about 58 per cent proposed flora reserve, the documents show...... 

ABC News, 23 September 2020: 

Agreements to change logging rules in New South Wales to better protect animals that survived last summer's bushfires have been torn up by Deputy Premier John Barilaro's department and government-owned loggers, sparking yet another inter-government stoush over koala habitat.  

An explosive letter sent earlier this month to the NSW Environmental Protection Authority (EPA) from the heads of the Department of Regional NSW — Mr Barilaro's department — and Forestry Corporation of NSW states there has now been "substantial recovery post-fire in many coastal state forests". 

It declares logging in NSW can return to "standard" this month in forests not covered by new site-specific logging rules. 

The letter comes despite an agreement struck between the loggers and the EPA earlier this year to only log areas according to those new rules. 

The letter sparked a fiery response from EPA boss Tracy Mackey, which was published yesterday on the EPA's website. 

She said the move did not appear to be lawful, and the EPA was now considering action to stop Forestry Corporation..... 

Other documents released to NSW Parliament earlier this month show the EPA believed the actions were partly motivated by the direction of Mr Barilaro, the Department of Regional NSW and Forestry Corporation. 

The documents also detail allegations that Forestry Corporation made false reports about its logging operations to avoid new protections.....

"Well the number of healthy and otherwise treatable Koala who have died from being hit on our roads this year is ridiculous, irreplaceable & equates to many future generations of Koala not being born." [Maria Mathes @talkingkoala, NSW Northern Rivers region, 17 September 2020]

Where is my tree?
Photo: 

@ctownkoala

The Guardian, 22 September 2020:

The former head of the New South Wales Young Nationals and chair of its women’s council has resigned from the party joining a growing list of high-profile members to quit in the wake of the koala policy saga. 

Jess Price-Purnell, an almost decade-long member of the Nationals, has left, describing the threat by John Barilaro to blow up the Coalition government over the koala policy saga “despicable”. 

It comes as the NSW Coalition held its first joint party room meeting since Barilaro was forced to back down over his threat to pull the Nationals out of the Coalition after the premier, Gladys Berejiklian, issued an ultimatum to either support the policy or resign from the ministry....

BACKGROUND

NorthEast Forest Alliance (NEFA), excerpts from website:

* The North East Forest Alliance (NEFA) travelled out to Braemar State Forest in July 2019 to survey and protect koala habitat under logging rules that meant areas significant koala use would need to be protected. 

What we discovered blew us away with an exceptional population of an estimated 60+ koalas at risk of logging. 

Scat searches indicate there are over 100ha of Koala High Use areas – unprecedented in State Forests. What we found was so compelling that we returned multiple times and completed four different audits of koala evidence in the area. 

When we submitted this data to Forestry Corporation of NSW they simply announced they would be logging Braemar State Forest under the new logging rules meaning no koala habitat will be protected. 

We have estimated that homes of over 60 koalas will be decimated if this logging were to go ahead - unthinkable while local koala populations have halved in just 20 years. (source) With logging due to commence, we are turning to the community to come together in support of Braemar's koalas. 

We can stop this devastation, but we need your help....

* NEFA are preparing a proposal for the 7,000 ha Sandy Creek Koala Park covering significant Koala habitat in Braemar, Carwong, Royal Camp and Ellangowan State Forests, as well native vegetation on land Forestry Corporation purchased for pine plantations. The values of these forests for Koalas are documented in our audits,

These encompass a regionally significant Koala population in forests that have been degraded by logging, though are capable of supporting an expanding Koala population if left alone.

We were dismayed when on the night of 8 October the Busby's Flat fire changed direction and burnt out most of the proposal overnight. It was an anxious time while we waited to get in there and see how the Koalas had fared.

The good news was that while the understorey was incinerated, the fire had rarely crowned meaning quite a few Koalas survived. The bad news is that the crowns of most trees were cooked by the intense heat and the leaves have since died, leaving large areas devoid of food and most of the surviving Koalas with little to eat. 

NEFA have been assessing core Koala colonies and found that Koalas are surviving in the areas where large scattered feed trees, or patches of trees, have retained most of their canopies. With limited fresh feed and desiccated leaves some Koalas are dehydrated, and severely so. A report on this is available at https://www.nefa.org.au/audits 

This regionally significant Koala population has been severely affected by the fire, it has set back its recovery by decades. Help is needed to stabilise the population if further decline is to be averted. The last thing they need is for forestry to log their remaining feed trees.....