This blog is open to any who wish to comment on Australian society, the state of the environment or political shenanigans at Federal, State and Local Government level.
The federal government is seeking to overturn a landmark high court decision that deemed Aboriginal Australians cannot be aliens and cannot be deported.
The Love and Thoms ruling in February 2020 ranks as the high court’s most significant constitutional decision in recent years, with the narrow four-to-three judgment prompting Coalition conservatives to publicly lobby for black-letter judges to be appointed.
Just a year and a half later, the commonwealth has revealed it wants the precedent to be overturned after a New Zealand man tried to fight deportation using the Love and Thoms precedent.....
In June 2020 Amanda Stoker, now the assistant attorney general, noted in a research paper that given the two retirements “there is a significant possibility that a reconstituted bench would reconsider the decision in the event of challenge”.
In its submissions, the commonwealth revealed that the immigration minister, Alex Hawke, and home affairs minister, Karen Andrews, will seek leave “to the extent necessary, to argue that Love was wrongly decided”.....
[High Court Justice] Keane said it would be difficult for the high court to hear the case in 2021, given the number of cases already delayed by Covid.
Keane agreed to remove the constitutional aspects of the case to the high court, giving interveners until 22 November to join the case, likely to be heard in the new year.
Ch 9 News on 13 October 2021 reported; Meteorologists warn a "beast from the south" will produce a dangerous mix of heavy rain, severe thunderstorms, damaging winds, hail and snow over Australia's south-east as a week of spring wet weather continues.
Coastal catchments with much of their historical and ongoing development situated on floodplains are particularly vulnerable when a climate driver triggers prolonged or frequent heavy rainfall events, as widespread or flash flooding can result. Property damage, stock & crop losses may occur and, sometimes the deaths of people caught in flood waters.
Similarly low pressure systems can batter coastal catchments.
WeatherZone tweeted this.....
Here is the forecast accumulated rain over the next four days. 🌧
Flood watches have been issued in TAS and VIC, where some places could see more than 100mm by Sunday. Localised flooding is also likely in NSW and QLD from severe storms, especially on Thursday.pic.twitter.com/sVfxdgoCNU
The
Bureau's ENSO Outlook has been raised to La Niña ALERT. This is due
to continued cooling in the tropical Pacific Ocean and an increase in
the number of climate models showing sustained La Niña conditions
over summer. Historically, when La Niña ALERT criteria have been
met, La Niña has subsequently developed around 70% of the time. A
70% chance of an event is approximately triple the normal likelihood.
La Niña events increase the chances of above-average rainfall for
northern and eastern Australia during spring and summer.
Most
oceanic and atmospheric indicators of ENSO are currently within the
ENSO-neutral range, but some have shifted towards a La Niña-like
state. Sea surface temperatures in the central tropical Pacific Ocean
are neutral, but have cooled over the past three months and are
supported by cooler than average waters beneath the surface. Some
atmospheric indicators, such as the Southern Oscillation Index (SOI)
and cloudiness near the Date Line, are approaching La Niña levels.
Six of the seven international climate models surveyed by the Bureau
meet La Niña criteria from November.
A
weak negative Indian Ocean Dipole (IOD) event continues. Most models
suggest the negative IOD event will ease to neutral levels in late
spring. A negative IOD increases the chances of above-average spring
rainfall for much of southern and eastern Australia, while a neutral
IOD has little influence on Australian climate.
The
Madden–Julian Oscillation (MJO) has been active over the Maritime
Continent since late September. The MJO is forecast to progress
eastwards over the coming week and weaken as it approaches the
western Pacific. While the MJO is over the Maritime Continent region,
it encourages enhanced rainfall over the tropics to the north of
Australia.
The
Southern Annular Mode (SAM) index has been neutral for the past week
after 5 to 6 weeks at positive levels. While it is forecast to remain
neutral for the coming week, it is expected to return to generally
positive levels from October to December. A positive SAM during
spring typically brings wetter weather to eastern parts of Australia,
but drier than average conditions for western Tasmania.
Climate
change continues to influence Australian and global climate.
Australia's climate has warmed by around 1.44 °C for the 1910–2019
period. Rainfall across northern Australia during its wet season
(October–April) has increased since the late 1990s. In recent
decades there has been a trend towards a greater proportion of
rainfall from high intensity short duration rainfall events,
especially across northern Australia.......
The
El Niño–Southern Oscillation (ENSO) is currently neutral.
However,
all of the seven international climate models surveyed by the Bureau
anticipate further cooling of tropical Pacific sea surface
temperatures. All models surveyed indicate La Niña thresholds may be
met during November. Six of the seven models indicate this cooling
will be sustained at La Niña levels until at least January 2022—long
enough to meet minimum La Niña event criteria (i.e. at least three
months). Four models continue the event into February, but by March
only two models continue to meet the threshold.
La
Niña typically enhances spring rainfall in northern and eastern
Australia.
BACKGROUND
“Major floods frequently isolate towns, and can cause death, major disruptions to road and rail links, the evacuation of many houses and business premises, and the widespread flooding of farmland…..
As we are specifically concerned with major flooding near the coast, we consider a flood to be major if (i) it causes inundation of a river within approximately 50 km of the coast or (ii) if there is non-riverine flooding overland near the coast, from the active part of a weather system, that extends at least 20 km along the coast. In (i) extreme rainfall extends well into the hinterland and the upper reaches of the river catchments, causing a flood that drains down the river systems to coastal areas. In (ii) extreme rainfall is confined to the coast and floods form directly over the coastal area rather than propagating down the river systems. At major coastal centres there are official river height records that determine whether a flood meets the major level or not, and we have used this data available.”[ResearhGate, Callaghan J & Scott, S inAustralian Meteorological and Oceanographic Journal 64(3):183-21 DOI:10.22499/2.6403.002]
"all will be given to those who strive" approximate translation
At
9am on Tuesday
5
October 2021 around 650
children from
Kindergarten to Year
6, along with at
least 31 teachers and
numerous support
staff, commenced Term 4 at
the 154 year old split
campus South Grafton
Public School, under
Level 3 (regional schools) COVID-19 settings.
At
around 11am that same day, almost casually, NSW Health
announced that 4 cases of
locally acquired COVID-19 infection had been discovered in the
Clarence Valley local government area. Thus ending its resident population's community transmission free status which began on or about 29 March 2020.
BySaturday 9
October the primary school was abruptly closed for
contact tracing and cleaning when
it was discovered that one member of the school community had tested
positive for COVID-19.
Based
on NSW Health advice,
all staff and students
were told to
self-isolate until further
notice and to be tested if
they developed symptoms of viral infection.
On
Monday 11 October when the NSW Government opened up the state in
Stage 1 of its policy of easing COVID-19 public health order
restrictions and allowing the population increased mobility, South
Grafton Public School staff and the parents of those 650 students
waited to get the all clear to return to school.
It
was also on that Monday that the total
number of confirmed cases of COVID-19 community transmission in the Clarence Valley – specifically in Grafton
postcode 2460 – had reached 14 cases over the space of the 6 days since the Delta Variant Outbreak finally reached the local government area.
On
Tuesday 12 October 2021 the primary school administration was informed that
additional COVID-19 cases had been confirmed within the school
community and further contact tracing and cleaning needed to be
undertaken, so the school
remained closed.
A
plan for sharing water in the northern Murray-Darling Basin is being
challenged in court over climate change, in an Australian and world
legal first.
Acting
on behalf of the Nature Conservation Council of NSW, EDO lawyers will
head to the NSW Land and Environment Court to challenge the validity
of the Border Rivers Water Sharing Plan (WSP), arguing that the NSW
Government failed to properly consider future climate change when
making the plan.
The
Border River catchment sits along the NSW/Queensland border and
includes the Macintyre and Severn Rivers. The catchment is home to
endangered species such as the eel-tailed catfish, Australian painted
snipe and curlew sandpiper.
Both
the NSW Water Minister Melinda Pavey, who approved the WSP and the
NSW Treasurer Matt Kean, who as Environment Minister provided
concurrence, are named as respondents in the Class 4 Judicial Review
proceedings.....
Chris
Gambian, CEO of the NSW Nature Conservation Council said:
“If
we fail to keep our rivers alive as a first priority, it doesn’t
really matter what our second priority is. We will have lost the
fight.
“Climate
change is not some abstract phenomenon that may occur in the distant
future. River communities in NSW are bearing the brunt of that change
every day, right now.
“Just
18 months ago, many towns in western NSW were entirely dependent of
bores or truck deliveries for their water supplies.
“It
is not just prudent for governments to factor in the impacts of
climate change. It is a legal requirement that we are seeking to
uphold by taking this action.”
EDO
Managing Lawyer Dr Emma Carmody said:
“Our
client alleges that under their own laws, NSW Government Ministers
are required to properly consider climate change, including future
climate change, when drawing up a water sharing plan. By relying on
historical climate data for the catchment, we argue that they have
failed to do this, including in relation to the calculation of the
catchment-wide limit on extractions from the river.”
“The
alleged unlawfulness arises not only due to the impacts of this
failure on the Border Rivers itself, but on surrounding floodplains
and downstream rivers and communities, notably the
Barwon-Darling/Barka River, which receives some of its flows from the
Border Rivers catchment.”
“Our
client will further argue that the rights of children and future
generations to enjoy and benefit from healthy, functioning river
systems requires the Minister to properly consider climate change and
its impacts on water availability and quality and to devise a water
sharing plan that reflects the likelihood of a hotter, drier future.”
“Our
client also alleges that setting drought reserves for basic
landholder rights on the basis of lowest inflows up to July 2009 is
unlawful, not only because it excludes the most recent and severe
drought on record, but future climate change.”
“There
is ample evidence which indicates that the rivers and floodplains of
the northern Murray-Darling Basin are over-extracted. This is now
being exacerbated by climate change, which is making it hotter and
drier. We can’t afford to make decisions about our precious water
resources which ignore this reality. Indeed, our client alleges that
the law requires it.”
“Our
client will ask the court to find that the Border Rivers Water
Sharing Plan is invalid and must be replaced by a lawful plan.”
“If
this case is successful, it will likely mean that future Water
Sharing Plans will have to take climate change into account, in
particular in relation to the setting of catchment-wide extraction
limits and environmental flow rules. This could mean more water for
fragile ecosystems across the Murray-Darling Basin and in turn
healthier river systems and greater water security for downstream
communities. Our children and future generations deserve to enjoy and
benefit from a healthy, functioning river system.”
It is worth noting that Brett Walker QC, who acted as Commissioner during the twelve month long South Australian Royal Commission into the Murray Darling Basin Plan, has agreed to represent the Conservation Council of NSW.
It is also be noted that on 26 August 2021 the NSW Land and Environment Court in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 ordered: The Environment Protection Authority, in accordance with s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW), is to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change. Neither the Minister for Energy and the Environment Matthew Kean or the EPA appealed this judgment.
How to help the Conservation Council of New South Wales fund this legal challenge of the validity of the Border Rivers Water Sharing Plan (WSP):
The
Echo, on 7 October 2021, reminding the Northern Rivers region from Clarence Valley right up to Tweed on the New South Wales-Queensland border that our combined voices followed up with action are powerful:
Ian Cohen surfing the nose of a nuclear armed warship Photo: Robert Pearce
Following the Nuclear Disarmament Party’s close loss with front man Peter Garrett in 1984, nuclear issues were at the forefront of people’s minds. We extended our influence far beyond our Shire. The pending arrival of nuclear armed warships sent the local region into overdrive. Benny Zable from Nimbin rolled out his ‘radioactive’ barrels for street theatre. Dean Jefferys based in Brunswick Heads came with his ultralight, Hoss (Ian Hoskens) of Main Arm with his megaphone voice and me with my surfboard.
September 1986 heralded the arrival of the largest assembly of international ships in Sydney Harbour’s history. Many were nuclear armed.
Our north coast contingent was vital to the success of the protest actions. Driven by a reckless, but heartfelt, desire to impact on the nuclear arms race and send a direct message to US President Ronald Reagan and USSR’s Yuri Andropov.
The mad concept of surfing the nose of a nuclear armed warship was mine, but Sydney Morning Herald photographer, Robert Pearce, from a media barge directly in front of myself and the warship, captured the image of a vulnerable surfer hanging onto the nose of a nuclear armed destroyer that went global.
Dean
backed it up with a paint bomb delivered from his ultralight. It
missed, (fortunately it was water based paint). He was more accurate
several days later delivering a bouquet of flowers from the air into
a missile silo as the HMS Illustrious departed. Dean landed himself
in jail.
Channon
local, Ian Gaillard, worked with the anti-nuclear vessel Pacific
Peacemaker and crewed it on the long haul through the Pacific to
confront the launch of the world’s largest nuclear submarine in
Seattle. They travelled through the Pacific garnering local support
along the way.
During
the 1980s Jim Mitsos had moved to Byron and bought up most of what is
now Suffolk Park. A Communist developer, creating real affordable
housing he was also a tireless anti-nuclear campaigner promoting the
concept of Nuclear Free Zone signs in Byron that spread to councils
throughout NSW. He laid the groundwork of awareness for follow up
actions. Perhaps we need those signs again?
Ian Cohen surfing the nose of a nuclear armed warship. Photos Robert Pearce
In
1995 I was the first Green elected to NSW Parliament. With the
efficient support of Byron’s future mayor, Jan Barham, I spent the
first break organising an international contingent of politicians to
be part of a flotilla of ships to descend on Papeete (Tahiti) and
support islanders in their opposition to upcoming nuclear tests at
Moruroa. We learnt much about the global phenomenon ‘Ships of
Shame’ where seafarers are abused and exploited, the impossibility
of chartering a flotilla, and decided to fly 30 Australian
politicians over to Papeete.
Meetings
under the palms with President Oscar Temaru, inspired, along with
marches and forums in Papeete, the contingent of politicians
including Richard Jones MLC, another Byron Shire local, who met with
the French Ambassador to deliver thousands of petitions.
Greenpeace
had other ideas for a small crew. A private boat was organised to
transport an international selection of politicians to Moruroa
1,150km away. In my last interview before our departure I was
informed that the French had announced a $150,000 fine and 12 months
in jail for anyone entering the exclusion zone.
Halfway
there an international news broadcast announced the French had
detonated the first bomb in the series on Moruroa. The little boat
continued on course, without deviation, as we sailed into the eye of
the global nuclear storm. That was the last French nuclear test in
the Pacific.
Times
change, but some things regarding the nuclear industry and
international political posturing remain the same.
Our
PM, Scott Morrison, struts the world stage, vilifies China (some of
it deserved), but in the process is locking in Australia’s
subservience to US foreign policy while guaranteeing increased US
troop access and US spy stations on Australian territory for the
future. Add to this the crippling cost of procurement of nuclear
powered subs and the possible return of Donald Trump to ‘guide’
our nation into the future.
This
sabre rattling at an external enemy will allow Morrison some catch up
in the polls while the ALP is wedged. The huge crime here is to make
a decision without debate in the Federal Parliament. An external
enemy worked for Thatcher (Falklands War). In Australia we had
weapons of mass destruction touted in Iraq while George W Bush
labelled Howard a ‘Man of Steel’ for sending our young soldiers to
war.
Whilst
recognising the repressive political leadership in Bejing, there is a
better road to peace through diplomacy, and when necessary, trade
sanctions.
In
the depth of the Cold War nuclear capable warships, either
conventional or nuclear powered, did not cruise the world’s oceans
unarmed and race back to San Diego or Hawaii in an emergency to load.
In the 1980s their mantra was; ‘We neither confirm or deny these
ships have nuclear weapons on board’. Today, nuclear weapons have
been removed from surface ships. They are still on nuclear
submarines. Just what arsenal will Australia obediently accept when
it hires or purchases US submarines?
In
1975 there were 6,191 US nuclear weapons afloat. Arms control
agreements have reduced the number of weapons deployed at sea to
1,000 in 2015.
Morrison’s
recent ‘All the way with USA’ is cementing increased US control
over future Australian Foreign Policy. We do not benefit from this
association. In fact, we as a nation are making ourselves a target.
As
for their vulnerability in port, we need to look no further than 9/11
in New York, the US heartland.
On
5 October 2021 Clarence Valley residents learned that four
cases of locally acquired COVID-19 had been discovered in
their local government area and, later discovered that one or all had
been infectious in the community since 27 September 2021.
In
recent days it’s become obvious that not everyone was aware that
they might need to test and isolate if they had been shopping in the
Valley’s only city on certain days, so I am posting the latest list
I can find of dates and places.
Coles
South Grafton, South
Grafton Shopping Centre, Bent Street, Grafton. Exposure dates:
Monday
27 September 2021, 9:45am to 9:50am;
Monday
27 September 2021, 2:30pm to 2:45pm;
Tuesday
28 September 2021, 10am to 11am;
Tuesday
28 September 2021, 4:15pm to 4:30pm;
Tuesday
5 October 2021, 1:20pm to 1:35pm.
Health
advice: Get tested immediately. Self-isolate until you get a negative
result.
Australian
Community Care Network Grafton, 117 Fitzroy Street, Grafton
Exposure
date: Wednesday 29 September 2021, 9:55am to 11:40am
Health
advice: Get tested immediately. Self-isolate until you get a negative
result.
Anyone
is allowed to enter critical retail premises. Critical retail
premises are:
supermarkets
grocery
stores
shops
that mainly sell food or drinks, like butchers, bakeries, fruit and
vegetable shops, and delicatessens
kiosks
petrol
stations
banks
and financial institutions
hardware
and building supplies
landscaping
material supplies
rural
supplies
shops
that mainly sell:
pet
supplies
newspapers,
magazines or stationary (for example, newsagents)
office
supplies
maternity
or baby supplies
medical
or pharmaceutical supplies (for example, chemists)
alcohol
(for example, liquor stores)
post
offices
garden
centres and plant nurseries
vehicle
hire businesses but not businesses that sell vehicles
shops
that mainly carry out repairs of mobile phones
laundromats
and drycleaners.
For
any other retail premises, or a business that provides goods or
services, you can only visit these premises if the business chooses
to offer Click-and-Collect.
If
you visit critical retail premises, you must:
check
in with the Service NSW app or provide your contact details to the
occupier
follow
the face mask rules.
Exemptions
Vaccination
rules do not apply to people who are at your premises:
because
of a service to assist vulnerable members of the public, for example
a food bank or a service providing for the needs of homeless
persons;
to
purchase food or beverages to be consumed off the premises;
to
attend a small funeral or memorial service or small wedding service;
to
use a click and collect service.
Rules
for certain businesses in regional and rural NSW
If
your business is re-opening
at 70% fully vaccinated and
your staff live outside Greater Sydney, your staff have longer to
become fully vaccinated.
Greater
Sydney includes Central Coast, Blue Mountains, Shellharbour and
Wollongong local government areas.
If
your business is located outside Greater Sydney, you are still
required to ensure all people over the age of 16 who visit your
premises (except for your staff) are fully vaccinated.
Rules
for staff at certain businesses in regional and rural NSW
If
you:
Live
outside Greater Sydney (including Central Coast, Blue Mountains,
Shellharbour and Wollongong local government areas) and
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The Universal Declaration of Human Rights Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
[Adopted and proclaimed by United Nations General Assembly resolution 217 A (III) of 10 December 1948]
Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.
A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourismbusiness development services.
A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!
An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements.The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.
A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.
A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?
A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.
An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?
A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.
A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.
A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?
An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.
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