Wednesday 29 June 2022

Blockade Australia members were before Sydney Central Local Court this week - face prospect of two years gaol and $22,000 fine

 

The Sydney Morning Herald, 27 June 2022:


A car has driven through in Sydney's CBD as unrest continues.












A car has driven into a march by a climate activist group in Sydney’s CBD on Monday morning. NSW Police said they were aware of the incident and had commenced inquiries.


The Harbour Tunnel was earlier blocked by a member of the group Blockade Australia, while other CBD streets were obstructed during a morning of protest.


The woman, 22, from Lismore, blocked the southbound entrance to the tunnel by chaining herself to the steering wheel of her parked white car just after 8am.


The tunnel reopened after police arrested her. Southbound traffic on the Warringah Freeway and Gore Hill Freeway has since cleared.


The woman, named Mali, live-streamed the event in which an unknown man repeatedly approached her car to yell obscenities at her.


So far, 10 people have been arrested after participating in the unauthorised protest. They are awaiting charges at Surry Hills and Day Street police stations.


I’ve watched much devastation with two one-in-100-year floods. This is climate change. I cannot stay silent any more. I cannot be complacent any more. The colony of Australia, this destructive colony system landed here, hellbent on spreading exploitative practices all over the earth,” Mali told viewers.


To those people who are really angry right now, I understand, and it’s not a good thing to be experiencing. You know what? Climate change isn’t a good thing to be experiencing.


There’s a lot of people yelling, it’s quite overwhelming, but it’s been an overwhelming year. I was lucky in Lismore, but I’ve seen people that I love lose everything and places I love be destroyed.”


The Blockade Australia protest began at Hyde Park at 8am and quickly moved across the city’s CBD towards the harbour. Streets were obstructed with wheelie bins, plastic crates, and other items.


The protesters began to disperse in the CBD just before 9am. According to internal communications seen by The Sydney Morning Herald, the group intended to reconvene at lunchtime. NSW Police estimate about 50 to 60 people were involved in the protest….


Read the full article here.


NSW Police Public Site – News, 27 June 2022, Charges laid following unauthorised protests, excerpt:


Police have made 10 arrests following unauthorised protests in the Sydney CBD and North Sydney this morning…...


Those arrested are:


  • A 49-year-old man from Williamstown, Victoria, charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; pedestrian obstruct driver’s/other pedestrian’s path (two counts). He’s been bail refused to appear in Central Local Court tomorrow (Tuesday 28 June 2022).

  • A 25-year-old man from Brandy Hill, NSW, charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; pedestrian obstruct driver’s/other pedestrian’s path (two counts). He’s been bail refused to appear in Central Local Court tomorrow (Tuesday 28 June 2022).

  • A 34-year-old woman from Leichhardt charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; pedestrian obstruct driver’s/other pedestrian’s path; and wilfully prevent free passage of person/vehicle/vessel. He was given strict conditional bail to appear at Downing Centre Local Court on 21 July 2022.

  • A 24-year-old woman from Preston, Victoria, charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; pedestrian obstruct driver’s/other pedestrian’s path; and wilfully prevent free passage of person/vehicle/vessel. He’s been bail refused to appear in Central Local Court tomorrow (Tuesday 28 June 2022).

  • A 26-year-old man from Ellinbank, Victoria, charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; pedestrian obstruct driver’s/other pedestrian’s path; and wilfully prevent free passage of person/vehicle/vessel. He was given strict conditional bail to appear at Downing Centre Local Court on 21 July 2022.

  • A 21-year-old woman from Lismore Heights charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc. She’s been bail refused to appear in Central Local Court tomorrow (Tuesday 28 June 2022).

  • A 30-year-old woman from Carnegie, Victoria, charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; pedestrian obstruct driver’s/other pedestrian’s path; and wilfully prevent free passage of person/vehicle/vessel. She was given strict conditional bail to appear at Downing Centre Local Court on 21 July 2022.

  • A 22-year-old woman from St Lucia, Queensland, charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; pedestrian obstruct driver’s/other pedestrian’s path; and wilfully prevent free passage of person/vehicle/vessel. She’s been bail refused to appear in Central Local Court tomorrow (Tuesday 28 June 2022).

  • A 25-year-old man from Coburg, Victoria, charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; and wilfully prevent free passage of a person or vehicle. He’s been bail refused to appear in Central Local Court tomorrow (Tuesday 28 June 2022).

  • A 22-year-old woman from Petersham charged with Enter etc Sydney Harbour Bridge etc disrupt etc vehicles etc; and wilfully prevent free passage of a person or vehicle. She’s been bail refused to appear in Central Local Court tomorrow (Tuesday 28 June 2022).


Perth Now, 28 June 2022:


The young woman who locked herself onto the steering wheel of a car blocking Sydney's harbour tunnel in peak-hour traffic has been granted conditional bail along with fellow climate protesters……


Mr Davis outside court said his clients were brave in the face of the newly implemented penalties that target protests on major roads, ports and railways.


Some face two years in prison and a fine of $22,000.


The group will next return to court on July 19 where they are expected to enter pleas.


Bail conditions include reporting to police three times a week, restrictions from entering Sydney's CBD, and prevention from contacting co-accused.




Tuesday 28 June 2022

Almost two years after being opened Serco-managed Clarence Correctional Centre near Grafton NSW is still not a model prison when it comes to organisation, working conditions, prisoner health and safety


On or about 6 June 2022 a 29 year-old man, recently placed on remand in the 1,700 bed capacity Clarence Correctional Centre was found unresponsive in the medical holding room of the Serco-run facility before he was later pronounced dead by NSW Police.


This was the second death in custody at this privately managed gaol within the space of six weeks.


On 30 April 2022 a 41 year-old man had been found unresponsive in his cell and was pronounced dead shortly thereafter.


The leading cause of deaths in prison custody in Australia is now said to be medical issues and it appears that the death rate may be slightly higher in privately managed prisons.


On 9 February 2022 the Cootamundra Herald reported two deaths between 26 & 29 January at the 1,270 bed capacity Junee Correctional Centre which is privately managed by GEO Group Australia. The 48 year-old woman and a 47 year-old man were both found unresponsive in their cells. Three months later The Border Mail reported the death of a 28 year-old woman at the same prison who was found unresponsive in her cell on 3 May 2022.


Understaffing and staff turnover have also been issues at the not quite two year-old Clarence Correctional Centre, with 82 job vacancies being reported last month. Worker shortages are being blamed in part on poor pay and conditions.


The Daily Telegraph reported on 4 May 2022 that:


Whistleblowers inside Clarence Correctional Centre, run by private company Serco, alongside senior Corrective Services NSW staff, have lifted the lid on issues surrounding the safety and wellbeing of officers, staff and inmates in the north coast prison.


In June, officers at Australia’s second largest correctional facility sounded the alarm over claims officers were left “trapped in yards” after the door operating system crashed inside the facility. While in November, there were claims that staffing levels were so low that officers were running units with 40-plus inmates on their own.


A senior CSNSW source told The Daily Telegraph it was “not unusual” for officers to be left on their own to oversee up to 40 inmates in the privately run facility.


Former Grafton jail boss John Heffernan (pictured) is concerned about the lack of transparency within the facility. “The biggest problem with Clarence … is it’s totally non-transparent and they are such a big conglomerate they get away with it,” he said....


There has also been brief mention in the media of sexual harassment allegations concerning the Centre.


Monday 27 June 2022

"Since Premier Dominic Perrottet was appointed NSW treasurer in January 2017, he has presided over an unprecedented, $106 billion surge in taxpayer debt" and "has been systematically misleading" NSW voters about how he created this multi-billion dollar debt mountain



What the Premier is telling the people of New South Wales





Another perspective on the "transformation of our state" 



From the pen of Financial Review contributing editor, Christopher Joye, @cjoye, Portfolio Manager & Chief Investment Officer at Coolabah Capital…...


Live Wire, 25 June 2022:


In the AFR I write that after 12 years of Liberal leadership, encompassing four premiers and four treasurers, NSW is sadly degenerating into one of the worst run states in Australia.


Since Premier Dominic Perrottet was appointed NSW treasurer in January 2017, he has presided over an unprecedented, $106 billion surge in taxpayer debt. That means Perrottet and his fierce internal rival, Treasurer Matt Kean, will have saddled NSW residents with $13,000 of extra debt per person. One day, that debt has to be repaid.


If the annual interest rates on this debt converge to current levels around 4.2 per cent, NSW taxpayers will be paying almost $7 billion a year in interest alone. Put differently, NSW residents will be spending the equivalent of seven new hospitals each year in interest.


It is ironic that supposedly imprudent Labor leaders are running rings around NSW, with resource-rich states like Western Australia and Queensland reporting budget surpluses, which has allowed them to slash debt issuance as the economy rebounds post pandemic. Even Victoria is starting to look more fiscally conservative. In the coming financial year, NSW will issue twice as much debt as Queensland, one-third more than Victoria, and about six times more than Western Australia. It is also more than quadrupling South Australia’s debt supply.


In a desperate attempt to cling to power, Treasurer Matt Kean has blown a $7.1 billion improvement in NSW's budget with $8.8 billion in new spending next financial year alone. This means that NSW will issue almost $10 billion more debt in the 2023 financial year than it did in 2022 when the budget was smashed by COVID-19. Perrottet and Kean are literally stealing from future generations to bribe the current one to allow them to remain in power.


While some of this debt was unavoidable due to the pandemic, Perrottet’s government increasingly resembles a degenerate gambler, addicted to spending money they don't have.


As a lender to the state, my worry is that that this tale of mismanagement gets worse. It turns out that Perrottet’s government has been systematically misleading taxpayers. The 39 year old Premier promotes himself as the great "asset recycler". Perrottet claims he is selling taxpayer-owned infrastructure to invest this money in new infrastructure….


But this was untrue. Instead of funding new infrastructure, Perrottet took $7 billion of the $9.3 billion in WestConnex proceeds and put it in a speculative investment vehicle called the NSW Generations Fund (NGF). Technically, the money was actually allocated to a subsidiary fund inside the NGF called the Debt Retirement Fund.


Since 2018, not a single cent of the $7 billion has been used to pay for infrastructure. It has instead been gambled on stocks and illiquid junk bonds, amongst other risky assets. Amazingly, this has involved lending money to Russia ($75 million), Saudi Arabia ($45 million), China ($225 million), UAE ($15 million), Cayman Islands ($30 million) and Angola ($15 million).


Perrottet might have actually helped build President Vladimir Putin’s new palace rather than NSW roads, schools or hospitals. (After we expressly warned this was nuts last year, NSW has had to write-off $30 million of the money it lent to Russia.)…. [my yellow highlighting]


Yet in 2022, NSW taxpayer’s $7 billion still sits in the NGF. It is still invested in listed equities, private equity, and junk bonds. And it has lost money in 2022 (as it did in 2020) as markets have tumbled. In fact, since its 2018 inception, the NGF has now formally failed to meet its own performance benchmark of a return in excess of inflation plus 4.5 per cent.


The question is who benefits from this scheme? Who has a vested interest in it? Unsurprisingly, it is the folks punting the money. That is, TCorp. The NGF represents about 15 per cent of TCorp’s assets. Former Perpetual CEO David Deverall, who runs TCorp, has been desperate to turn it into a global asset manager, and aggressively grow its capital.


While TCorp blames NSW Treasury for the now-discarded plan for NSW to issue tens of billions in extra debt to enable TCorp to speculate on markets, the truth is that TCorp are the ones who directly benefit. Across TCorp’s 180 staff, the average compensation cost in 2021 was a staggering $323,000 per person. That is almost double the average pay of the RBA’s 1,300 plus employees.


The NGF is currently worth $15 billion, partly because it has been bolstered by the asinine decision to divert billions of NSW taxpayer royalties and income to it, and due to a debt-funded transfer of more than $2 billion to the NGF in 2020, despite the NSW budget being in record deficit.


This revenue had to be replaced with extra NSW debt, which explicitly contradicts the legislated objectives of the Debt Retirement Fund. These focus on three goals: maintaining NSW’s AAA rating, which Perrottet lost in 2020; reducing the cost of NSW borrowing, which has soared; and repaying NSW debt.


After widespread criticism last year, NSW suddenly stopped diverting taxpayer revenue to the NGF and then belatedly committed to using $11 billion from the sale of the second-half of WestConnex in 2021 to repay taxpayer debt.


Yet Perrottet and Treasurer Kean still refuse to invest the original $7 billion from the sale of the first half of WestConnex in 2018 into the infrastructure they promised. They also refuse to use this money, and the NGF’s remaining (partially debt-funded) $8 billion, to meet the Debt Retirement Fund’s legislated mission of repaying taxpayer debt.


We can quantify the cost of this madness: Perrottet and Kean would rather NSW taxpayers spend $630 million a year in extra interest on the $15 billion in new debt they will issue next year (but could have avoided) just to allow their TCorp pals to gamble this money on markets…..


Our interest in this matter is that as a fund manager, we lend money to all Australian states, including NSW. And we expect them to behave ethically from an ESG (specifically the “g” or governance) perspective. The huge ESG conflict of interest at the heart of the NGF—whereby NSW taxpayers have to pay $630 million a year in extra interest to allow TCorp to continue to punt their money—is unacceptable to all stakeholders.


Kean says he cares about ESG concerns. Time will tell if this is actually true.


Read the full article here.



Sunday 26 June 2022

Northern Rivers waterways & beaches clean up continues post-February and March 2022 flooding


ABC News, 24 June 2022:




Barges bring flood debris to the riverbank for waste sorting. (ABC North Coast: Bronwyn Herbert)



From caravans to water tanks, children's toys to surfboards, tonnes of rubbish have been removed from rivers in the far north of New South Wales as part of a mammoth clean-up of flood debris…..


2,600 cubic metres of waste is removed from the Tweed, Wilsons and Richmond rivers and Ballina beaches…..


EPA flood program manager Martin Puddey said the survey showed priority areas.


"We can use that to target areas or identify if something is really hazardous like a big drum filled with pesticides, water tanks, pieces of jetty and pontoons, stuff that is partially submerged and could be a navigational hazard…..


Specialist marine contractor Frankie Bryant said her team had been concentrating for the past month on the Wilsons River near Lismore, which was at the centre of the natural disaster.


Ms Bryant said the larger items were often easier to remove, while the most challenging was plastic waste entangled in trees on the riverbank.


"We can actually sometimes get stuck in little areas where you just find me up pulling small pieces of plastic," she said.


The rubbish is collected on smaller boats then moved to skip bins on barges.


Cranes then lift the skips onto trucks to be taken to a nearby waste facility.


Larger waste is collected with excavators that are floated around the river on barges.


Ms Bryant said there was a huge effort made to try and return items wherever possible.


"I kind of wish everyone engraved their name on every piece of furniture or equipment so we could get it back to them."


For contractor John Fletcher, it has been, at times, an emotional experience wading through personal items.


"It's finding people's bags of shopping still full with a docket inside, or finding a kid's school bag with all their books in it," he said.


The EPA expects it will take another two months to complete the clean up, including using sonar technology to detect large, hazardous items lodged on the riverbed.


"You can't see them," Mr Puddey said.


"They're a huge risk to navigation and people's safety."


 

Saturday 25 June 2022

Quote of the Year

 

“In parliament house’s ministerial wing on Monday, shredding machines were working flat out, fragments of their massive output leaving a light snowstorm on the blue corridor carpet as it was carted away. Cardboard boxes had been delivered; enormous wheelie bins were everywhere. How many hours had gone into preparing and working on all those papers suddenly no longer needed, or needing quick and confidential disposal?”  [Michelle GrattanEveningReport.nz, 23 May 2022, on the subject of the former Morrison Government's departure from Parliament House of Australia]

 

Cartoons of the Week


Fiona Katauskas

David Rowe

John Shakespeare

 
Fiona Katauskas


Friday 24 June 2022

Prime Minister Albanese & Environment Minister Plibersek need to urgently re-evaluate the former Abbott-Turnbull-Morrison government policy as it pertains to native forestry agreements along the 100km wide & 1,973km long NSW mainland coastal zone

 

The EPA has fined the Forestry Corporation over a Coffs Coast logging operation. IMAGE: ABC News, 13 November 2013

















The Forestry Corporation of NSW is a state-owned corporation which has been 'managing' state forests for the last 106 years. Amongst other names, it has conducted business as Forestry Commission of New South WalesState Forests (NSW) and Forests NSW.


Currently this corporation appears to control approximately two million hectares of forested land (including est. 270,000 hectares set aside for commercial soft & hardwood plantations) and produces approximately 14 per cent of Australia's annual wood product. 


Marching hand in hand with the growth of Forestry Corporation of NSW has been a loss of native animals due to logging. 


Australia-wide such native forestry logging was calculated by the World Wildlife Fund as averaging 1.5 million native animal deaths a year between 1998-99 to 2005-06 and 2 million a year between 2006-07 to 2014-15According to NSW EPA State of the Environment ReportAs at 2020–21, 1,043 species and 115 ecological communities are listed as threatened under NSW legislation including 78 species declared extinct.


Much of the current business and operational practices put in place by Forestry Corporation of NSW rely on the three NSW Regional Forestry Agreements (RFAs) signed by the State of New South Wales and the Commonwealth of Australia between 1999 and 2001 and amended/extended by successive federal Coalition governments with little thought to either the Commonwealth's existing legislated obligations or changing levels of risk to individual species or local/state-wide habitat range.


Many residents in Northern NSW consider the North East RFA which covers logging in the coastal area between Sydney and the Queensland border as particularly egregious. In part because it exempts logging in native forests from federal biodiversity law.


In my opinion the state-owned forestry corporation is a bad actor across the board. If one looks closely at how the NSW Government deals with its infractions, it is clear that the government of the day, a number of government agencies and Forestry Corporation of NSW have developed a bureaucratic and legal dance. A dance which allows the Corporation to ignore both its legislatively imposed restrictions and its social obligations to communities within the state's extensive coastal zone, in order to continue pursuing its commercial objectives by cavalierly logging native forests for maximum wood extraction and what looks suspiciously like frequently contrived minimum penalties.


Nature Conservation Council (NSW), media release, 20 June 2022:


Forestry Corp pinged for logging environmentally significant forests after the Black Summer bushfires


Just days after being fined $135,000 for destroying koala habitat on the mid-north coast, Forestry Corporation now faces charges it illegally logged a Category 1 Environmentally Significant Area in the Yambulla State Forest after the Black Summer Bushfires. [1]


While the charges are yet to be proven, the fact the EPA launched this prosecution rings alarm bells,” Nature Conservation Council Chief Executive Chris Gambian said.


On Friday, Forestry Corp was fined for wiping out significant koala habitat. [2] On Monday they are being prosecute for logging forests that were ruled out of bounds after the fires.


What more evidence does the government need before it orders a comprehensive independent review of Forestry Corporation to ensure it acts lawfully and sustainably?”


In this latest action, the EPA alleges Forestry Corp breached conditions imposed to aid the recovery of the Yambulla State Forest near Eden after the 2019-20 bushfires.


The EPA says that between March and July 2020, Forestry Corp contractors logged 53 trees in a Category 1 Environmentally Significant Area in the Yambulla State Forest.


EPA Acting Executive Director Regulatory Operations Greg Sheehy said the EPA imposed these Site-Specific Operating Conditions to protect areas in forests of environmental importance that were less affected by the fires.


Mr Sheehy said in a statement released by the EPA:


Bushland along our South Coast was severely damaged by the devastating fires, and the EPA established additional protections for bushfire affected forests like the Yambulla State Forest in order to limit further harm


These conditions were imposed to prevent FCNSW harvesting trees in areas considered environmentally significant that were less damaged or completely untouched by the fires.


The additional protections, applied to certain forests in NSW were designed to help wildlife and biodiversity recover in key regions.


These laws protect areas in our forests that may be home to important shelters and food resources for local wildlife or unique native plants.”


Last Friday, Forestry Corp was fined $135,600 fine for destroying koala habitat and ordered to pay $150,000 of the EPA’s legal cost.


As Forestry Corp is a company owned wholly by the NSW Government, the fines will ultimately be paid by NSW taxpayers.


REFERENCES


[1] FCNSW in court for alleged breaches of 2019/20 bushfire harvest rules, EPA, 20 June 2022


[2] Fines will never replace critical koala habitat destroyed by Forestry Corporation, 16-6-22, NCC


In 2018 Forestry Corporation NSW committed a series of offences between April and November of that year.


Prosecution of these offences did not begin until 2020 and culminated in a two day hearing in June 2022.


NSW Environmental Protection Agency (NSW EPA), media release, 16 June 2022:


Forestry Corporation NSW fined for forestry activities near Coffs Harbour


Fines and costs totalling $285,600 have been levelled against Forestry Corporation NSW (FCNSW) after the Land and Environment Court found tree felling in exclusion zones had done “actual harm” to koala habitat in Wild Cattle Creek Forest near Coffs Harbour.


The Land and Environment Court handed down a fine of $135,600 and ordered FCNSW to pay the NSW Environment Protection Authority (EPA)’s legal and investigation costs of $150,000 after FCNSW pleaded guilty to four charges brought by the EPA.


EPA Executive Director Regulatory Operations Carmen Dwyer said the prosecution sent a clear message to the forestry industry and operators.


All forestry operators have a responsibility to protect the environment and comply with the law when carrying out tree harvesting activities,” Ms Dwyer said.


Breaches of the forestry laws will be investigated and those responsible will be held to account.”


The felling was carried out by FCNSW contractors in 2018.


Two charges were for the felling of trees in protected rainforest areas, a third charge was for the felling of two trees in an exclusion zone around warm temperate rainforest, and the fourth was for felling four trees and other forestry activities in a Koala Exclusion Zone.


The non-compliant activities carried out in the Koala Exclusion Zone attracted the largest fine of $60,000.


Justice Robson accepted there had been harm to Koala habitat as a result of the non-compliant activities.


The felling of the large Eucalyptus trees and the construction or operation of snig tracks were highly likely to have had an adverse impact by reducing the size and the quality of the habitat available to the breeding female and offspring,” Justice Robson said.


As such, I accept the position adopted by the prosecutor and find that there has been actual harm.”


The EPA commenced the prosecution in 2020 after a long investigation into FCNSW’s activities in Wild Cattle Creek State Forest in 2018.


Strict operating rules are in place to protect precious wildlife, such as the Koala. Exclusion Zones, which are a critical part of preserving the habitat of koalas to ensure their survival in this forest.


Disregarding the rules and harvesting trees in these areas can put animals under increased stress,” Ms Dwyer said.


The offence relating to Koala Exclusion Zones carries a maximum penalty of $440,000, while the other three offences carry a maximum penalty of $110,000 each.


SEE Environment Protection Authority v Forestry Corporation of New South Wales [2022] NSWLEC 70 (9 June 2022)


Some other instances (updated)


EPA fines FCNSW $15,000 for allegedly failing to comply with post-fire conditions South Brooman State Forest, media release, 23 June 2022– launch of prosecution


Forestry Corporation fo NSW fined by EPA for destroying native animal habitat, media release,11 April 2022 – total fines $45,000


Forestry Corporation of NSW fined by EPA for failing to mark out a prohibited logging zone, media release, 18 February 2021 – fine $15,000


Forestry Corporation fined for failing to mark out a prohibited logging zone, media release, 26 February 2021 – fine $30,000 plus a warning


Environment Protection Authority v John Michelin & Son Pty Ltd [2019] NSWLEC 88 (19 June 2019) sub-licensee of Forestry NSW, penalty $43,550 plus costs


Environment Protection Authority v Forestry Commission of New South Wales [2013] NSWLEC 101 (10 July 2013) – $35,000 penalty plus costs


Director-General, Department of Environment, Climate Change and Water v Forestry Commission of New South Wales [2011] NSWLEC 102 (8 June 2011) – $5,600 penalty plus costs.