Mood:  chatty

From the court yesterday:

Sent: Thursday, July 03, 2008 3:08 PM

Subject: David Kettle Consulting/Coca Cola Amatil v Gosford City Council 10429 of 2005

Dear Mr McLoughlin

Her Honour will hand down her decision in this matter tomorrow, Friday 4 July at 4pm. I have left a message on your voicemail and will try your mobile again.

Rgards

....Associate to the Hon Justice NHM Pain
Land and Environment Court of NSW
....

.............................

In addition here is the rather lengthy list of documents we submitted at the request of the Judge for last Tuesday which we want the Court Appointed Expert based in Melbourne, Mr Anthony Lane, to consider. Mr Lane was nominated by Coca Cola Amatil and agreed by Gosford City Council.

Re: List of documents for Court Appointed Expert Anthony Lane in David Kettle Consulting [agent for Coca Cola Amatil] v Gosford City Council 10429  of 2005, on behalf of public interest objector Neville Diamond.

Dated Tuesday 1st July 2008

Pursuant to request of Justice Pain, at the hearing of 27th of June 2008 please find attached the list of documents we seek to include for consideration of the CAE Lane.

Please do not hesitate to contact the writer on tel. 0410 558838 and by return email.

Yours truly, Tom McLoughlin agent for public interest objector Diamond

..................................

 

 

A.  2008-9 Determination of the Kulnurra-Mangrove Mountain Water Sharing Plan determination of the Dept of Water & Energy due by July 1st 2008 according to their officer Hemantha De Silva in telephone
communication early June 2008 with agent for Diamond.

B. Director of DOP criteria for the EA inclusion of "The NSW Groundwater Dependent Ecosystems Policy" DLWC 2002, with reference especially to Management Principles at pages 21 -25 found via PDF file here:

 

B3. Dr Brian Marshall hydro geologist, Groundwater - lifeblood of the environment, A publication of the Blue Mountains Conservation Society April 2005, Dr Marshall was 3 years President and retired academic from University of Technology Sydney.

 

B4. Article by Dr Brian Marshall - Mangrove Mountain Groundwater Decision, Suck it and see is alive and well (November 2005) for Blue Mountains Conservation Society website.

 

B5. Mangrove Mountain District Community Group Queries, Comments by Dr Brian Marshall, 5th September 2005.

 

B6. File note of telephone conversation of agent for Diamond with Dr Marshall dated June 2008, re the inherent uncertainty and unreality of treating CCA site and near area as one aquifer as per expert advice of hydro geologist Dr Brian Marshall, retired lecturer University of Technology, 3 years President of Blue Moutains Conservation Society, to my agent re semi confined and independent multiple aquifers.

 

B7. DNR Guide to water access licence certificates and searches

 

C. M Alkhatib and Dr N. P. Merrick, National Centre for Groundwater Management dated 10 November 2006, in Groundwater Simulation and Optimisation Modelling of the Kulnura - Mangrove Mountain Aquifer Systems, Final Report Submitted to Department of Natural Resources and Gosford Wyong Councils Water Authority , where the expert authors say inter alia there is a disjunction with the Water Sharing Plan of then DNR/DWE as follows:

"Using 10% reduction in baseflow as an example, it appears that the sustainable yield in the Water Sharing Plan area is about 3,000 ML/year on average, but it can average from less than 1,000 ML/year in a dry year to more than 5,000 ML/year in a wet year. This compares with the current plan figure of 8,000 ML/year.

For the other catchments outside the Water Sharing Plan area, the sustainable yield is around 9,000 ML/year on average. With seasonal variations, the sustainable yield can vary from about 2600 ML/year in a dry to about 11,000 ML/year in a wet year."

C1. Questions to be put to the court appointed expert in a letter as drafted by Hydroilex Groundwater Specialists dated 8^th April 2006;

C2. Letter of hydrologist Dan McKibbin dated 9 August 2005 for then DIPNR state department referencing the expected Alkhatib & Merrick groundwater study as central to further planning decisions on water extraction in the area.

C3. Parsons Brinkerhoff Report for ERM dated 7 Sept 2004 for CCA for their site at Peats Ridge Springs which includes: 

“A single aquifer model is not a suitable representation of a the multiple aquifers that are present in the Hawkesbury Sandstone at this [CCA site] if impacts on users and dependent ecosystems are to be quantified. This is because bores tap different aquifers, GDEs [groundwater dependent ecosystems] are linked to different aquifers, different permeabilities  exist for different strata, and deeper water levels are generally associated with the deeper aquifers” at page 4. Refer extract of report attached marked “

C4.  A report of ERM consultants to CCA/Peats Ridge Springs dated  Sept 2004 which includes at page 11:

If nitrate concentrations in on-site wells continue to increase despite this strategy, more significant measures would be considered in consultation with DIPNR, which may include (but not limited to):

·         Installation of additional production wells farther from the Azzopardi property boundary, which appears to be a significant source of elevated nitrate in groundwater,; and

·         A decrease in the rate of groundwater abstraction to halt the advance of nitrate-impacted groundwater on site.

Further measures to address increasing groundwater contamination from offsite sources may be considered as required, and would involve consultation between PRS [CCA] and DIPRNR”

[And at p15]

“It should be noted that the commercial success of PRS [CCA] business is strongly dependent on compliance with the relevant water quality standards (ANZF, 1987), such that minimising the on-site encroachment of nitrate-impacted groundwater is a common objective of both PRS [CCA] and DIPNR.”

C5. ERM report for CCA for their Peats Ridge Springs site dated October 2003 which in part speculates about adjacent chicken manure, but omits the outbreak of Newcastle disease causing mass mortality of chickens in the past which potentially affects groundwater in disposal of carcasses:

“The ANZFA 1987 Food Standards Code – Standard 08 – Mineral Water criteria were not exceeded in any well on any sampling occasion;

Nitrogen (as nitrate plus nitrite and total N) mean concentrations are higher in wells MB5, MB10 and MB11, positioned along the boundary with the Azzopardi poultry farm, compared to wells MB2 and MB7. This indicates that the poultry farm activities, particularly with respect to disposal of manure, may be impacting groundwater beneath the site. However, nitrogen concentrations do not appear to be increasing with  time, indicating that the groundwater system at the site is in steady-state (refer Annex A) [not included here]. Note though, that there is a trend evident in MB2, in which both the NOx and TN concentrations increase and then decrease. In the context of fractured groundwater system, this indicates either a one-off nitrogen pulse moving through the system or an intermittent nitrogen source, and

Groundwater flow at the site is to the southwest and south-southwest with an average hydraulic gradient of 0.03 to 0.04.”

(Notable in the same report is the strange reference to the creek on the site being both permanent and ephemeral as extracted and attached.)

D. Two letters of  legal advice from Donnellan and Co dated 21 October and 15 November 1996 which verify the apparent unlawfulness of this water bottling operation .

D1. Report by Hirst Consulting Services Pty Ltd dated 26 November 1997 on the former owner’s unlawful development of the CCA site.

D2. An expert report of Brink & Associates for then owner of the CCA site, Livio Pace, under cover of letter dated 28 May 1996 indicating dynamic interaction of the bores on the CCA Peats Ridge Springs site and the neighbouring Azzopardi site.

D3.  Letter by email 29 June 2008 of agent for Diamond to Hemantha De Silva officer for DWE Newcastle Office re bulk water extraction consent condition needed at CCA/Peats Ridge Springs under C Moore Trial regime also here Coca Cola Amatil caught out breaching bulk export condition in trial at Peats Ridge Springs?

D4. Letter by email to your honour Justice Pain 30th June 2008 by agent for Diamond re bulk water extraction consent condition needed at CCA/Peats Ridge Springs under C Moore Trial regime.

D5. ERM consultants to Livio Pace, former owner of the site dated 27 Nov 2001 re Water sampling results to date.

E. Letter by email 5 June 2008 of agent for Diamond to Hemantha De Silva officer for DWE Newcastle Office

unsustainable water use in Kulnurra Mangrove Mountain Water Sharing Plan

E1. Minutes of Gosford City Council of notice of motion carried in February 2008 that any legal appeal by CCA against refusal of their s.96AA application on 12 Feb 2008 be immediately notified to community objectors on council file in order to participate in the court case including nomination of CAE;

E2. Letter to NSW Attorney General by McLoughlin as agent for Diamond 27 June 2008 requesting reform of the LEC Act and EP&A Act such that it is mandatory for notice of legal appeals against council refusals to be made to community objectors on council file .

E3. Letter to State Govt ministers by McLoughlin re need for law reform re full EIS for bottled water industry via sch 3, Reg 2000 of EP& A Act 1979 (designated development criteria).

E4. letter from Mawar Aras for Nathan Rees Minister for Water dated 17 June 2008

F.  Secretary Margaret Pontifix from Mangrove Mountain District Community Group Inc re Complaint 6 June 2008 re missing Green Folder of baseline ecological data and photographs of the ecological health of the un named water course on the development site, Green Folder used by C Moore to inform himself in the 2005 litigation

G.  Attachments (content unclear) C and D in the missing Green Folder which have now been located just this weekend late June 2008, post the hearing by Margaret Pontifix as advised to the agent for Diamond 30 June 2008

H. By subpoena if permitted, any DWE/DIPNR/DNR assessment on the cumulative effect of water extraction at  Peats Ridge Springs combined with the water use/extraction of the 40 quarries in the Mangrove Mountain area, (compared to 300Ml/YR x 2 for 2 sand quarries in Maroota);

I. Any relevant expert material in the Gosford City Council (GCC) file that might be obtained by subpoena if permitted;

J. GCC LEP 381 under IDO 122 which in the words of NSW Agriculture Dept 'seeks to squeeze the bottled water extraction not increase it' at Mangrove Mountain.

J1. Both Gosford CC  report of 12 Feb 2008 reversing recommendation of GCC one week earlier in its report of 5th February 2008 to refuse the CCA s.96AA application, which inter alia refers to the joint GCC-Wyong Council Water Authority's adamant position to oppose the CCA extraction in their report on the CCA 2003 DA for 66ML.

J2. Gosford Council report dated 12 April 2005 DH.35 DA22097/03 APPLICANT DAVID KETTLE CONSULTING SERVICES LOT 1 DP 430586 EULOO ROAD PEATS RIDGE PROPOSED INTENSIFICATION OF GROUND WATER EXTRACTION AND BOTTLING OPERATIONS (IR 1522023 

"Councils Strategic Water & Sewer Engineer advises: -

"W & S Planning Section recommends that the proposed development, that includes a prosposed expansion of groundwater extraction from 25 ML/yr to 66 ML/yr, be refused at this time.

The developer could consider making a new application ... [later after review of the Kulnura Mangrove Mountain Water Sharing Plan]

Under the current Water Sharing Plan, the proposed 41 ML/yr expansion of groundwater extraction would result in a 41 ML/yr reduction in the extraction of groundwater-derived flows from Mooney Dam Storage for water supply usage (by the Joint Water Authority). Note that Mooney Dam inflows are derived from a combination of groundwater and surface water flows.

The current Water Sharing Plan only allows 2560 ML/yr of groundwater to be utilised for other-than-environmental uses in Mooney Mooney and Mullet Creek- Zone 8. The current Water Sharing Plan shows that 445 ML/yr is committed to Basic Landholder rights and 694 Ml/yr to existing water licences, leaving a balance of only 1421 ML/yr for all other groundwater allocations, including water supply. Water supply demand on Mooney Dam Storage has averaged more than 5000ML/yr over the last 10 years, and was a maximum of 8289 ML/yr in 2002. It is expected that the Joint Water Authority would need all of the remaining 1421 Ml/yr groundwater allocation in Zone 8 for water supply use at Mooney Dam. .....

W& S Asset Planning Section recommends that the proposed development be refused at this time.

[At page 10]

K. Letter from NSW Agriculture dated 4 December 2003 regarding bottled water a non conforming use at Peats Ridge Springs that is to be squeezed, not expanded.

K1. General Terms of Approval and C Moore conditions of 2005 for the trial regime including clause 1.5 of the water licence General Terms of Approval to the developer by DIPNR [now DWE] attached to their letter 28th January 2005 for this development site. The condition reads

"1.5  Water shall not be pumped from the bore authorised by the licence for any purpose other than water supply for mineral bottling purposes."

 

K2. Extract of CCA website as of 4/6/08 refers to (bold added) similarly suggests no bulk exporting from Peats Ridge

CCA bottling operations

NSW         Peats Ridge Springs, Peats Ridge (water bottling only)

                  Smithfield plant, Sydney

                  Northmead plant Sydney 

at http://www.ccamatil.com.au/bottledwater.asp

K3. Article by Vice President, Central Coast Farmers Association, Ross Hitchcock is reported in the Mangrove Mountain and District Community News  6th June 2008 as saying:

"*The Merric [sic, Merrick] ground water report has not been included into the plateau water plans.... It is possible this government is making collusive water allocations schemes as opposed to collaborative water sharing plans."

L. Quality press reportage of surrounding context of driest month of May 2008 ever recorded and other public policy concerns over emerging climate variability:

- 7 June 2008 by expert rural affairs writer Asa Wahlquist Dry future well ahead of schedule | The Australian

- 17 June 2008 quoting expert the CSIRO Dr Tom Hatton AM - Groundwater use more trouble for rivers

- 31 May 2008 Weather News - Driest May on record for Sydney - Weatherzone quoting meteorologist Matt Pearce of the Weatherzone.com.au organisation includes specific mention of Mangrove Mountain.

 

L1. Public interest articles on Sydney Alternative Media website 27,000 pageviews per month readership namely:

27 June 2008

Coca Cola water bottling case: Draft short order of minutes for court consideration today which mentions CAE Lane

27 June 2008 Coca Cola water bottling case: Community Objector submissions to Justice Pain today 3 pm

24 June 2008 Does Coca Cola bottled water at Peats Ridge have a chook poo contamination problem in the future?

- 24 June 2008 Coca Cola's nominated, and court appointed expert 'blinks' twice on report deadline?

 

- 3 June 2008 Green Folder goes missing as Coca Cola kill Peats Ridge creek?
Mood:  incredulous
Topic: legal

 

- 1 June 2008 Coca Cola Amatil bottled water legals: Ratepayers force reversal by Gosford Council so far

 

- 1 June 2008 Objecter seeks to be heard in Coca Cola bottled water case after driest May on record

 

21 May 2008 Coca Cola in Environment Court on 6 June over Mangrove Mtn bottled water extraction

 

- CSIRO media release 19 June 2008 Ocean warming on the rise (Media Release)

 

M.  River Post March 1996 by Hawkesbury Nepean Catchment Management Trust includes Maroota Groundwater Study springs into action

N. Vicki McBride email to Brian Graham CC Dan McKibbin, Hemantha Desilva, Mark Mignanelli dated 3/8/2005 re Water Sharing Plan for Mangrove Mountain disjunction of approach by Sydney North Coast and Sydney South Coast officers of then DIPNR.

N1. Hemantha Desilva, Senior Natural Resources Officer, DIPNR Hunter Region 28/4/05 "For decision concerns regarding water alocation for Coca Cola Amatil"

N2 Letter Minister Macdonald Natural Resources, Primary Industry, Mineral Resources to Arthur Chesterfield Evans MLC dated 22 Nov 2005 re "sourcing of non renewable resources in the Mangrove Mountain area"

N3 John Williams Regional Hydrologist 15 March 2000, officer for Land & Water Conservation Dept to Mr John Murray Gosford re Water Bottling Plant Euloo Rd, Peats Ridge

O1. Internal Audit Bureau report for now Dept of Water & Energy into assessment of Mangrove Mountain/Peats Ridge Springs water licenses for Coca Cola Amatil by their government department (Sydney South Coast section, since re allocated to their Newcastle Branch office).

O2. External auditor Internal Audit Bureau report into Gosford City Council assessment of impact on the aquifer of the CCA application for 66 ML/YR water extraction.

P. Handwritten/typed up notes of Community meetings  involving Mangrove Mountain District Community Group re concern they are losing their water springs from the early 1990ies.

Q. Letter DIPNR to R L & M J Pontifix 17 Sept 2005 refusing increase in water extraction from 10 to 24 ML per year.

R. Letter R L & M J Pontifix to DIPNR dated 31-8-05  requesting an increase in water allocation from 10 to 24 ML/YR.

S. Wayne Connors DIPNR memo Dec 2003 re unnamed water course on CCA site.

S1. Wayne Conners Dept of Conservation & Land Management 20 Feb 1996 to Livio Pace re Clean Waters Act and Rivers and Foreshores Improvement Act 40 metre buffer protection zone.

T. DIPNR website printout 17/7/2005 'Water Management in NSW' - 'Conversion of water licences'

U. DIPNR Water Management in NSW website printout 2/10/2005, Frequently Asked Questions

V. DIPNR - New Water Arrangements Explained  - 1 page document

W. Dept of Water & Energy - Kulnurra Mangrove Mountain Water Sharing Plan and associated govt dept documents explaining the WSP gazetted 7 Feb 2003 as amended 1 July 2004.

X. Map of the CCA site adjacent to the Azzopardi site at Peats Ridge.

Y. The affidavit of Neville Diamond sworn 13 June 2008 in support of his application for joinder in these proceedings.

Z. The submissions on joinder of Neville Diamond by his agent McLoughlin filed 25 June 2008;

Z1. Draft short minutes of order filed 25 June 2008 in these proceedings which mention CAE Lane.

Z2. The affidavit of Alec Wagstaff for CCA sworn in related proceedings 10429 of 2005 (The Trigger case) dated 27 Feb 2006 regarding unmet demand for water in the bottling operation.

In additon we submit this list of documents, the list provided to us 29 June 2008 by Margaret Pontifix as secretary of the Mangrove Mountain District Community Group, and Jane Azzopardi neighbouring local landholder and objector party litigant in the 2005 and 2006 cases in the related proceedings in the LEC of 10429 of 2005.

In additon we submit this list of documents, the list provided to us 29 June 2008 by Margaret Pontifix as secretary of the Mangrove Mountain District Community Group, and Jane Azzopardi neighbouring local landholder and objector party litigant in the 2005 and 2006 cases in the related proceedings in the LEC of 10429 of 2005.

To clarify item 3 of their list which we adopt: Margaret Pontifix is a retired local school teacher in agriculture and biology, and local authority figure and champion of Mangrove Mountain District Community Group Inc. "I'm not a greenie" she states firmly "but I am a conservationist. It's just terrible what's happened to the environment there." Here is Margaret talking to Jonathan Harley of 7.30 Report in 2005.

Dear Tom

1.  Coca-Cola on site meeting notes on 10/4/06, written by M. Pontifex. A. Lane present to familiarise so he can Peer

     Report Beck.

2.  Local tops maps marked by M. Pontifex over 30 years period to record decline in umbrella fern volumes in local

     creeks up till 1992.

3.  Jonathan Harley did a film on Peats Ridge ground spring water, 19/9/05 - 7.30 report, have video.

4.  Book re world problems of bottled water extraction by Anita Ruddock, "4 troubled water".Book above issues by John

     Mercer, "Twenty Thirst Centuary".

5.  Ground H20 Simulation and optimisation Modelling by Alkhatib and Merrick, Conclusion.

6.  Letter re ground water extraction volumes from James Thompson [Dooralong] 16/4/05.

7.  Letter, Why does'nt my creek run now, letter from Ian Johnstone, Wyong creek, 2/9/05.

8.  Photos and notes, Jamie Maloney 10/05, where is father's spring fed creek gone.

9.  Presentation from John Madsen from Mangrove Mountain District Community Group [ MMDCG] for court, 26, 27/9/05

    RE Peats Ridge Springs/Coca-Cola. Commissioner Moore requested copy rather than verbal.

10.  Have letters to Tim Moore 16/2/06, returned unopened with notes - didn't realise can't tell him details of bores etc.

      after that case closed, "Our Court??".

11. My statement to court 19/8/05 - where I mentioned Subsidence details told to us at ground water meetings by

     DLW in 1996.

12.  Article from Land News 18/8/05, Calga v Coca-Cola.

13.  Eleven page article in " Land Naws " 7/12/06, "Sydney food bowl under threat".

14.  Notes from "Nature conservation Council of NSW Workshop, 24/5/06, also issued notes - groundwater.

15.  Kulnura Mangrove Mountain Sandstone aquifer drilling report, 6/9/02. DL & H20, resource analysis unit

      Hunter region.

16.  Impact of five quaries on ground water of plataue region of Central Coast Plataue 20/9/05, by Community

      Environment Network.

17.  Document and letter from John Asquith- Community Environment Network, 11/4/06  re ground water extraction on

      plataue.

18.  Brian Marshall's two comments and his booklet "Life Blood of environment".

19.  MMDCG letter 11/1/06  "Sand Water and future of Central Coast".

20.  MMDCG letter 13/8/01 - Ground Water, by MMDCG representative, Ross Hitchcock.

21.  Several media clips re ground water 05, "Myth of Sydney drought proof" etc.

22.  Water Resources  - Review of ground water use and water level behaviour in Mangrove Mountain area, October 1994

      by S. Bish, D. Salotti, R. M. Williams , hydrology unit.

23.  Complete file of local councils Water Authority, 20 - 50 committee, commenced 8/9/04.

24.  R. & M. Pontifex request from DLW for small increase in volume 8/2/02 and responses till 2005.

25.  MMDCG Secretary notes of hearing on 26, 27/9/05

26.  Notes of public meeting with Coca-Cola at Peats Ridge School , March, unsure of year, [05 or 06].

27.  Copies of attachments C & D from green folder.

28.  Many letters from donnellan/maps, charts, etc. for M. Pontifex to present to court [off record from ..... people.]

29.  Copies of petitions re over use of ground water locally.

30.  M. Pontifex on the rural lands study steering committee, has all notes/presentations.

31.  Have many years results of stream watch.

32.  Strategic plan for sustainable agriculture , Dept. of Agriculture, 11/5/98

 

Posted by editor at 9:33 AM NZT

Updated: Friday, 4 July 2008 9:56 AM NZT

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Mood:  sharp

57 For reasons discussed with Mr Tomasetti during the hearing, I also consider that there should be a restriction on the amount of water extracted in a nominated shorter period – say twenty-eight days – to ensure that there is a degree of regularity in the extraction but with sufficient flexibility that a degree of variation in demand for product can be accommodated. The condition will, therefore, be to the following effect:

For the purposes of ensuring that there is no permanent adverse impact on the aquifer, the annual volume of water extracted from the aquifer is limited to 66 megalitres per annum with no more than 11 megalitres to be extracted in any twenty-eight day period.

The abovementioned annual extraction volume is subject of a twenty-four (24) month trial period. The twenty-four month trial shall commence from 1 October 2005 until 30 September 2007. An application under Section 96 of the Environmental Planning and Assessment Act 1979 must be made to modify this condition if permanency of the expanded annual extraction volume and/or alteration to the restriction on extraction in any twenty-eight day period is sought. Such application must not be made before 31 March 2007.

.....at David Kettle Consulting v Gosford City Council & Ors [2005] NSWLEC 519 (29 September 2005)

1. For the purposes of ensuring that there is no permanent adverse impact on the aquifer a trial period is imposed extending to 31 December 2007. .....

A) The annual volume of water extracted from the aquifer is limited to 66 megalitres per annum with no more than 11 megalitres to be extracted in any twenty-eight day period.  .....

D) Compliance with the Genral Terms of Approval (GTA) under the Water Act 1912 issued by DIPNR now the Department of Natural Resources ("DNR") as attached to the letter dated 28 January 2005 annexed to these conditions and marked "A".

"1.5  Water shall not be pumped from the bore authorised by the licence for any purpose other than water supply for mineral bottling purposes."

"Peats Ridge Springs, Peats Ridge (water bottling only)"

Condition: Water shall not be pumped for bulk tanker export off the site. No bulk water export supply business is to be established at this site.

Posted by editor at 4:52 PM NZT

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Mood:  chatty

This is not a well packaged story. It’s a contemporaneous traverse of the Sunday television free to air political talkies indicating the agenda of Establishment interests: Better to know ones rivals and allies  in Big Politics and Big Media.

Indeed it’s the tv version monitoring task similar to what Nelson Mandela refers to here in his book Long Walk to Freedom (1994, Abacus) written in Robben Island prison (where he was meant to die like other African resister chiefs of history in the 19C), at page 208

“..newspapers are only a shadow of reality; their information is important to a freedom fighter not because it reveals the truth, but because it discloses the biases and perceptions of both those who produce the paper and those who read it.”

Just substitute ‘Sunday tv political talkie shows’ for "newspapers" in the quote above.

For actual transcripts and/or video feeds go to web sites quoted including Riley Diary on 7. And note transcripts don’t really give you the image content value.

Media backgrounders

- Textor gets a defamation payout against Crikey’s re Bernard Keane piece. Ouch.

9 Sunday 7.30 – 9.30 am

- Preface feature about climate skepticism. Bit late now to be splitting hairs. More a pretext for a blowtorch on Bob Brown.

-         Ross does a wrap on the oil shock

- huge chunk of adverts

- return to Ellen with Swan as Treasurer says sticking with Climate Change as issue. Will have impact on cost of living. Quotes Howard, Turnbull as same position. Do it in responsible way.

Ellen argues wedging themselves. Swan says just cost more. Almost exactly same time as Nelson on 10, Swan is declining cabinet info on petrol no net cost price. Again amazing parallel 18 months enough time, as Nelson on 10 sews dissension alleged in the govt.

Both talking about 2010 too tight a time. Uses measured way. Again incredible parallel ‘crash the economy’ and on 10 dire problems for “a decade”.

Adam Shand

Skeptics push their barrow, Marohassy with 1950ies background. Quotes against Darwin. Straw man arguments. No one says it’s all settled, but the main issues are sorted. Prof Flannery says data knows enough. Worse case scenario is now coming through.

Quotes a guy called Kinnimoth, weather man 40 years, talks like he’s left out. Refers dangerous climate 20 K years ago 130m lower sea level due to big freeze.

Robyn Williams given his due for a change, too much time given Don Atkin, Marohassy, Kinnimoth. Flannery puts them to the sword.

Patronising from Marohassy, do a science degree – well we did ANU 1986. She reckons it’s religious.

Interview with Bob Brown – cracking opening line about Krakatoa affecting weather in 1815 contrary to skeptics. She goes straight to balance of power issues. Very keen for leadership “forefront”  on climate from the ALP.

Bob Brown praises the AD as great force for good. Very productive period in Tasmania experience. Will negotiate what about GST negotiation Lees thought destroyed AD. Bob notes million votes in Senate last year, degree of mandate. Re intervention Wants Racial Discrimination Act back in place. Dying with dignity issue. Increase in pensions.

Really contentious legislation – Bob is very measured, seems like a big delay in the transmission technology getting to BB. Blames ALP for dumb preferencing for having to work with Steve Fielding. Going to be innovative more different than ALP to Liberal party not so different.

Emissions Trading Scheme – interview is getting really interesting. ETS that is comprehensive. Agriculture, petrol and forests.

Praises Penny Wong under duress from coal. Great measured presentation

http://sunday.ninemsn.com.au/sunday/default.asp

10 Meet the Press:  8- 8-30 am

News round up Downer quits this week finally, Nationals win well in Gippsland seat.

 Panel is Carabine and Lewis.

Nelson opposition leader, crowing 7% swing against ALP if that’s what it means.

Panel go in hard on his leadership polling.

Out take first adbreak goodbye from AD in Senate.

Footage of Swan on tax deals, Nelson pushes resonating line about high petrol price is the signal already without ETS.

Meet The Press - Watch Political Video Online - Channel TEN.

Riley Diary 7, 8.35 am

Clive Hamilton North Pole melting on 7 earlier.

Looked good but missed a lot of it, worth watching the webcast later today or during the week. Very good.

http://www.seven.com.au/sunrise/weekend

Insiders 2: 9- 10am

Barry in Washington. Profoundly good roundup and look of of the Gippsland election by Laura Tingle of the AFR. Did Chris’s job for him, looked grateful. Big loss primary votes for Nats, Nelson gets fillip of Libs strong showing preferences to Nat winner, 9 % loss to ALP will be a big agitator to ALP to adjust their politics.

Chris Uhlman does the local compere well.

USA panel discussion about the US presidential contest.

Home page is http://www.abc.net.au/insiders/

Posted by editor at 2:44 PM NZT

Updated: Sunday, 29 June 2008 3:04 PM NZT

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Mood:  chatty

As filed last Wednesday to accompany the penultimate post here on submission for party/intervenor joinder by community objector Neville Diamond, which may be approved, or in part or rejected by the court today 27 June 2008:

[DRAFT short minute of orders sought]

The Court directs that:

 

1. The Objector Neville Diamond (The Party) be joined as a party/intervenor to these proceedings.

 

2. That the Party file a statement of facts and contentions by _____. with the Court to be served, by _____

 

3. That the First Respondent produce the Council file for discovery by the Party, by _______

 

4. That the First Respondent produce the Green Folder referred to in the affidavit of 13^th June 2008 of the Party provided to it by the Court Registry at finalisation of the related original proceedings in 2005 on the decision of Commissioner Tim Moore, by ____

 

5. That the Applicant or other representative of  Coca Cola Amatil and First Respondent commence mediation through the Land & Environment Court with the Party with a view to reinstituting the trial mandated by Commissioner Tim Moore in 2005, and other consent conditions deemed appropriate such as

- ban on bulk export of water from the development,

- rehabilitation of the unnamed water course and

- need for an annual report by Coca Cola Amatil on compliance with council consent conditions and Department of Water and Energy water licenses, any other matters that arise.

 

6. That the report of the Court Appointed Expert Anthony Lane (CAE) be provided to the Party immediately it is available or filed as the case may be due on 21^st July 2008;

 

7. That the CAE provide his full resume to the Party by

_______ .

8. That the CAE provide a sworn statement disclaiming any professional involvement with the Coca Cola Amatil and/or their expert Dr Beck such as joint academic papers, joint conference presentations, student – teacher relations, joint projects, same clients in the past (including but not limited to Coca Cola Amatil) that both he and hydrologist Dr Beck have worked for at the same time. Conversely a description of the social relationship with Dr Beck. To be provided by _________

 

9. That each party pay it’s own costs in relation to the application for joinder as party/intervenor.

 

TO:

 

David Kettle, C/- Yvonne McKay, Coca Cola Amatil (Aust) Pty. Limited, 71 Circular Quay East, Sydney NSW 2000

 

By hand and email

 

:Gosford City Council, via P. J. Donnellan & Co, Solicitors 91-99 Mann St GOSFORD NSW 2250 DX 7206 GOSFORD tel. 4324 3988, 4323 1623, by their city agents: Wiltshire Webb 379 Kent St SYDNEY NSW 2000, DX 13027 Syd Market St Tel. 9299 3311

 

By email to Robert Byrd of Donnellan & Co by consent.

 

The Objector Neville Diamond’s address for service via his agent:

 

C/- Tom McLoughlin, Ecology Action Sydney

......

 

Posted by editor at 8:24 AM NZT

Updated: Saturday, 28 June 2008 9:58 AM NZT

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Mood:  chatty

Full text of submissions follow (until we can fold at least 3/4 of it into a spill over page):

13. The Objector has an Affidavit with evidence of distinctive and additional issues to be addressed and policy concerns regarding justice and public interest, to support this application.

14. The Objector’ has been provided with a letter of support to be a party in these proceedings by the respected and locally influential tax exempt registered charity in the area namely Mangrove Mountain District Community Group Inc in their letter dated 6 June 2008 under the hand of local history authority Margaret Pontifix, Honorary Secretary, also a retired teacher in agriculture and biology and science graduate of Newcastle University. The letter is in the Affidavit marked “ F  “ at page 25 and includes:

“Our committee (executive conference) strongly supports Neville Diamond as a public interest litigant in the court proceedings between Coca Cola Amatil and Gosford City Council regarding Peats Ridge Springs.

We believe this is definitely in the interests of justice and public interest that he be joined as a party.”

15. The Objector through his agent Tom McLoughlin will be adducing evidence both new, and also similar to GCC, but in deeper detail and independence, as per the test in s.39A above. In this respect also refer to the long list of public interest concerns in our email correspondence to the state govt dated 12 June 2008 in the Affidavit marked “G “ on the merits issues. We received a letter of acknowledgement in quick time from Minister Rees dated 17 June 2008 over the question of law reform around bottled water extraction.

16. There is great public interest in the ethics and sustainability of the bottled water industry and as it relates to the convergent issues of climate change regarding sustainable groundwater and wastefulness of water bottling, with prominent people/groups in the mainstream environment movement are also opposed to this CCA bottled water development (such as Total Environment Centre, and Clean Up Australia) and have been copied in on lobbying correspondence to govt in the preceding paragraph. Refer sheaf of media articles in the Affidavit at annexure N at pages 60 to 73, and similarly Ian Cohen MP media releases at annexure P of the Affidavit at page 76. The Objector seeks to present similar public interest concerns about possible unhealthy political donations of $2M by Coca Cola bringing influence to bear.

17. For reasons of procedural fairness to this Objector and all like minded community objectors involved with MMDCG, the delay of GCC in giving notification of the appeal, and the affect that has had on nomination and appointment of the CAE by consensus of GCC and CCA/Kettle should not be rewarded. Indeed we say it would be unsafe for the LEC to rely on that basis of litigation to be properly appraised of the real issues in this case in terms of merits, justice and public interest.

18. The Objector’s public interest credentials include for several years lobbying the state government on water regulation of this specific Peats Ridge Springs/Mangrove Mountain area in the public interest which has resulted in both Gosford Council and the State Minister Koperberg and now Rees instituting investigation by the external auditor private consultants called Internal Audit Bureau. This is corroborated by correspondence and materials in the Affidavit at point 6 (q) and annexures U, V, W, X, X1 and Y at pages 93-99.

Part 8: Alternative basis as intervenor under s.38(2) of the LEC Act

19. As foreshadowed before Justice Pain on 20^th June 2008 to the Parties the Objector seeks permission in the alternative to be an intervenor.

The section of the LEC Act reads

38 Procedure

(2) In proceedings in Class 1, 2 or 3 of the Court’s jurisdiction, the Court is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate and as the proper consideration of the matters before the Court permits.

From the above submissions we submit there is utility for the Court in having the Objector as represented by his agent participate and adduce evidence in this case for the same discretionary reasons outlined in paragraph 6 and 10 and Part 7 above and evidence referred to in the Affidavit and in these submissions.

20. The Objector’s public interest credentials include for several years lobbying the state government on water regulation of this specific Peats Ridge Springs/Mangrove Mountain area in the public interest which has resulted in both Gosford Council and the State Minister Koperberg and now Rees instituting investigation by the external auditor private consultants called Internal Audit Bureau. This is corroborated by correspondence and materials in the Affidavit at point 6 (q) and annexures U, V, W, X, X1 and Y at pages 93-99.

Part 9: Costs questions

21. As advised by the Environmental Defenders Office principal solicitor to the Objector’s agent, the Objector refers to the following rules which also involve a discretion and seeks to address these issues in the future in the court process:

The costs issue arises in the Land and Environment Court Rules 2007 in rule 4.2. It relates to class 4 appeals. In class 1 appeals (which your case involves as it is the developer's appeal against refusal by the Council), the relevant rule is found at rule 3.7 which states at (2) importantly:

The Court is not to make an order for the payment of costs unless the Court considers that the making of an order as to the whole or any part of the costs is fair and reasonable in the circumstances.

Subsection (3) goes onto describe such circumstances:

Circumstances in which the Court might consider the making of a costs order to be fair and reasonable include (without limitation) the following:

(a)  that the proceedings involve, as a central issue, a question of law, a question of fact or a question of mixed fact and law, and the determination of such question:

(i)  in one way was, or was potentially, determinative of the proceedings, and

(ii)  was preliminary to, or otherwise has not involved, an evaluation of the merits of any application the subject of the proceedings,

(b)  that a party has failed to provide, or has unreasonably delayed in providing, information or documents:

(i)  that are required by law to be provided in relation to any application the subject of the proceedings, or

(ii)  that are necessary to enable a consent authority to gain a proper understanding of, and give proper consideration to, the application,

(c)  that a party has acted unreasonably in circumstances leading up to the commencement of the proceedings,

(d)  that a party has acted unreasonably in the conduct of the proceedings,

(e)  that a party has commenced or defended the proceedings for an improper purpose,

(f)  that a party has commenced or continued a claim in the proceedings, or maintained a defence to the proceedings, where:

(i)  the claim or defence (as appropriate) did not have reasonable prospects of success, or

(ii)  to commence or continue the claim, or to maintain the defence, was otherwise unreasonable.

The Objector with his agent undertakes to respect these rules and to stay within the boundaries of these rules.

For instance the Objector does not seek to adduce new expert evidence other than what is in the Affidavit except for some minor ancillary papers which have turned up in the preparation of the recent Notice of Motion for joinder of 20 June 2008 and these submissions. Always provided that any new compelling evidence that arises by way of subpoena such as the missing Green Folder, or matters on the council’s own file, that may be relevant to inform the Court. Rather the Objector seeks mainly to rely on the expert evidence already obtained by CCA provided it is presented in a fair manner.

Part 10: Procedural matters implied by permission for joinder if granted

21. We submit draft short minute of orders of the same date relating to joinder as a Party/Intervenor.

Tom McLoughlin, agent for the Objector Neville Diamond

Dated 25^th June 2008

To:

David Kettle, C/- Yvonne McKay, Coca Cola Amatil (Aust) Pty. Limited, 71 Circular Quay East, Sydney NSW 2000

Hand delivered to CCA office.

:Gosford City Council, via P. J. Donnellan & Co, Solicitors 91-99 Mann St GOSFORD NSW 2250 DX 7206 GOSFORD tel. 4324 3988, 4323 1623, by their city agents: Wiltshire Webb 379 Kent St SYDNEY NSW 2000, DX 13027 Syd Market St Tel. 9299 3311

By email to Robert Byrd – by consent. 

Posted by editor at 8:18 AM NZT

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Mood:  quizzical

Sent: Monday, June 23, 2008 3:56 PM

Subject: [Greens-Media] Franklin Anniversary a Big Hit

Franklin Anniversary a Big Hit

The 25th anniversary of the High Court decision which saved the Franklin
River is proving a big drawcard. Almost all 1000 tickets to the gala
event in the Federation Ballroom of Hobart's Grand Chancellor Hotel have
sold.

"We're delighted" says host Senator Bob Brown. Among recent acceptances
to join Bob Hawke, Doug Lowe, David Bellamy, Pierre Slicer, Christine
Milne, Karen Alexander, Peg Putt , Dick Smith and ABC TV's Peter
Thompson (a former Franklin campaigner) at the event were Premier David
Bartlett and actress Lorraine Bayly (who addressed a number of Franklin
rallies in Hobart and Canberra in 1981 - 82).

Five film-makers from the Franklin campaign - Paul Smith (1977), Michael
Cordell (1979), Bob Connelly (1980), Robert Hazlewood and Roger Scholes
(1983) will be there as well as journalists, blockaders, West Coast
supporters and former minister for National Parks, Andrew Lohery, who
was arrested on the Gordon River. Democrat MP Norm Sanders will appear
in absentia.

Songsters include Lisa Yeates, Ian Paulin and (Goanna's) Shane Howard
who is flying in from Ireland to sing the campaign anthem 'Let the
Franklin Flow'! Author Richard Flanagan will reflect on the Franklin
victory. Further details are at www.franklin25th.com
<http://www.franklin25th.com/> .

"In an age of much greater environmental alarm, the Franklin campaign
continues to send out shock waves of optimism around the world. Against
huge odds, the wild river was saved because it galvanized national
public opinion. Latest polls show the environment is easily the biggest
issue for the future on people's minds," Senator Brown said.

Further Information: Ebony Bennett 0409 164 ....

We wrote back to the industrious Ms Bennett in these terms earlier today:

Sent: Tuesday, June 24, 2008 3:49 AM

Subject: Doug Lowe, ex ALP Premier to come to Canberra? could be real good

One more thing - Lynn Allison was projecting their own cross bench melt down on to The Greens in a rather malicous wish of history repeating itself perhaps leveraging the bogey of Tasmanian state political history (right or wrong, there remains the self serving ALP Liberal Party version of history which has currency). Might be a good time to invite that ex Premier of Tasmania to Canberra - what's his name - who stood down over the Franklin River - only one with integrity left says Bob Brown somewhere at the time. Lowe was his name I think.

History of the Franklin River Campaign 1976-83 — The Wilderness ...

In June 1980, the Labor government of Doug Lowe decided to place the Franklin River into a Wild Rivers National Park. This compromise proposal involved ...

----- Original Message -----

Sent: Tuesday, June 24, 2008 3:43 AM

Subject: Re: [Greens-Media] AAP invents disagreement

top work this media release. it's all uphill from here and why the Greens have to build their own media, and I don't mean branded 'Green media", I mean asserting the centre ground 'media' (the way News Corp asserts gungho free market is the "news" simpliciter, when it's really Lib Party barracking). This is subtle but crucial lesson for the Greens and progressives to learn to get off the tit of essentially hostile big media - not so much the journos as the top execs and advertisers.

You are the right people for the job on the cross benches. Lynn Allison wishing for a double dissolution on Sunday was pathetic I thought. Talk about middle class comfort zone deflated. Stott opposing the regressive GST and walking against work choices says alot to me.

The AD were always too soft on affluenza killing the planet, the causes of affluenza killing the planet, while making lip service. That's why Richard Jones MLC was such a maverick for the AD here in NSW first half of the 90ies before Cohen got in, a green before Green Party existed against such as Liz Kirby in his own party.

Such as ex staffer Simon Disney for Jones would have good insights on that I reckon.

Tom

----- Original Message -----

Sent: Monday, June 23, 2008 2:07 PM

Subject: [Greens-Media] AAP invents disagreement

Monday, 23 June 2008

AAP invents disagreement

At the Senate doors this morning Greens Senators Bob Brown and Christine
Milne pointed to options, other than cash compensation, for the
government to relieve the burden of climate change costs on low income
earners.

Senator Milne pointed to the Greens' EASI scheme to retrofit all
Australian households with energy saving options such as insulation and
solar hot-water systems, which would permanently reduce power bills and
greenhouse gas emissions.

Senator Brown pointed to investment in fast, efficient public transport
as a way to give low income earners assistance in coping with rising
petrol prices.

"We aim to permanently relieve costs for consumers through assisting
them to avoid higher energy and petrol bills," Senator Brown said.

The AAP report saying the Greens' 'can't agree amongst themselves' is
invented and was not tested on either Senator.

Further information: Ebony Bennett 0409 164 .....


------------------------------------------------------------------------
-----
Ebony Bennett
Media Adviser
Office of Greens Senator Bob Brown
Mobile: 0409 164 .....Ph: (02) 6277 ....Fax: (02) 6277 .....

Visit Bob's new myspace site at:
www.myspace.com/bobbrowngreens

By way of comparison with one who 'sets a standard' in the Big Media, have a look at this guy who is on our govt funded ABC screens most nights, take 30 years, talk about make history:

Posted by editor at 8:32 AM NZT

Updated: Tuesday, 24 June 2008 9:07 AM NZT

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Mood:  not sure

What our review of the documentation has revealed based on CCA and state government's own documents is this from the affidavit of the community objector Neville Diamond sworn 13 June 2008:

Concerns flagged by the Dept of Agriculture in writing as far back as 2003 of nitrates from the chicken for meat farm production at the site next door and the potential for contamination of the bottled water product. Chicken farming as a business sector has intensified in parallel with the increased retail business of the bottled water industry. This doesn’t seem to be a very sensible combination for managing the risk to public health. In this respect I attach marked “M “ a letter from NSW Agriculture dated 4 December 2003:

 

"It is normal agricultural practice to use fertilisers containing nitrogen, any excess nitrogen not taken up by plants could leach into groundwater. Nitrates and nitrites in drinking water can be a health risk. Referral to the Central Coast Public Health Unit may be necessary." 

Further in this respect I attach marked “ AB “ a report of ERM consultants to CCA/Peats Ridge Springs dated  Sept 2004 at page 11:

If nitrate concentrations in on-site wells continue to increase despite this strategy, more significant measures would be considered in consultation with DIPNR, which may include (but not limited to):

·         Installation of additional production wells farther from the Azzopardi property boundary, which appears to be a significant source of elevated nitrate in groundwater,;

 and

·         A decrease in the rate of groundwater abstraction to halt the advance of nitrate-impacted groundwater on site.

Further measures to address increasing groundwater contamination from offsite sources may be considered as required, and would involve consultation between PRS [CCA] and DIPRNR”

[And at p15]

“It should be noted that the commercial success of PRS [CCA] business is strongly dependent on compliance with the relevant water quality standards (ANZF, 1987), such that minimising the on-site encroachment of nitrate-impacted groundwater is a common objective of both PRS [CCA] and DIPNR.”

Similarly in the ERM report dated October 2003 attached marked “ AC “ states:

- “The ANZFA 1987 Food Standards Code – Standard 08 – Mineral Water criteria were not exceeded in any well on any sampling occasion;

- Nitrogen (as nitrate plus nitrite and total N) mean concentrations are higher in wells MB5, MB10 and MB11, positioned along the boundary with the Azzopardi poultry farm, compared to wells MB2 and MB7. This indicates that the poultry farm activities, particularly with respect to disposal of manure, may be impacting groundwater beneath the site. However, nitrogen concentrations do not appear to be increasing with  time, indicating that the groundwater system at the site is in steady-state (refer Annex A) [not included here]. Note though, that there is a trend evident in MB2, in which both the NOx and TN concentrations increase and then decrease. In the context of fractured groundwater system, this indicates either a one-off nitrogen pulse moving through the system or an intermittent nitrogen source, and

 

* Groundwater flow at the site is to the southwest and south-southwest with an average hydraulic gradient of 0.03 to 0.04.”

We will be submitting to the Land & Environment Court and the court of public opinion that an increase to permanent extraction of 66 megalitres a year raises a real question over wise public health policy of a water extraction for bottling next to expanding (uncaged) chicken farming nearby.  

But what has this to do with Climate change in the graphic above anyway? Well food production should be close to metropolitan markets to save on fossil fuel use. This strongly suggests Peats Ridge/Mangrove Mountain should have a priority for traditional agricultural use, not bottled water which essentially same water product is already transported by gravity fed pipe system.

Other articles here on SAM micro news service about Coca Cola at Peats Ridge/Mangrove Mountain here:

- 24 June 2008 Coca Cola's nominated, and court appointed expert 'blinks' twice on report deadline?

 

 

- 1 June 2008 Coca Cola Amatil bottled water legals: Ratepayers force reversal by Gosford Council so far

 

 

- 1 June 2008 Objecter seeks to be heard in Coca Cola bottled water case after driest May on record

 

21 May 2008 Coca Cola in Environment Court on 6 June over Mangrove Mtn bottled water extraction

Posted by editor at 7:15 AM NZT

Updated: Saturday, 28 June 2008 10:06 AM NZT

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Mood:  accident prone

We are doing pro bono work for a community objector in the bottled water extraction case at Peats Ridge Springs. Coca Cola Amatil are cutely known as David Kettle Consulting, their agent, in the legal proceedings, full name David Kettle Consulting v Gosford City Council no. 10429 of 2005, NSW Land & Environment Court (LEC).

What is intriguing is this: The court appointed expert hydrologist Anthony Lane of Melbourne, who right or wrong the local community objectors do actually distrust, has begged off his deadline for reporting on the impact of permanent 66 megalitre per year extraction from Peats Ridge Springs.

As we understand he was due 6th June at a callover at the LEC, which was delayed to 20 June, when an email from him was read out by barrister Nick Eastman representing Coca Cola, as retained by Coca Cola's Yvonne McKay of 71 Circular Quay East, Sydney NSW 2000. He is now due to report after an overseas trip and a delay 'entirely due to other work' he says. What other work? Twice bitten?

The Registrar has now adopted a deadline of 21st July 2008 and further mention on 29th July 2008.

It is fair to say the Registrar of the Land & Environment Court was "concerned". A short email was read from Lane, nominated by Coca Cola as "expert" and agreed to by Gosford City Council, who just happened to fail to warn community objectors for a full month during this phase, contrary to their legal obligations of notification under the Environmental Planning Act. We have the General Manager of GCC in writing admitting this "oversight". This delay meant objectors could not become a party in time to nominate respected experts from Sydney Basin with good reputations on the tricky perched sandstone aquifers here. Something Melbourne doesn't replicate in topography.

As we wrote to the principal of the Environment Defenders Office yesterday:

The big news from the call over last Friday was that the CAE has in my words "blinked" asked for 2nd extension of time because the job is bigger than he realised. This is the guy in 2006 who ticked off greater extraction. He should have all the detail. [We suspect he is] dodging .... because of the experts cross referencing in Neville's (my research) affidavit that exposes him ....... I can smell it - he's worried if Diamond becomes a party we will juxtapose ERM 2004, Dr Marshall 2008 pers comm, and Noel Merrick UTS 2006. The irony is that ERM are CCA's own expert. Love that.

Posted by editor at 6:23 AM NZT

Updated: Tuesday, 24 June 2008 7:14 AM NZT

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Mood:  chatty

Author’s general introductory note (skip this bit if you know this regular weekly column):

This is not a well packaged story. It’s a contemporaneous traverse of the Sunday television free to air political talkies indicating the agenda of Establishment interests: Better to know ones rivals and allies  in Big Politics and Big Media.

Indeed it’s the tv version monitoring task similar to what Nelson Mandela refers to here in his book Long Walk to Freedom (1994, Abacus) written in Robben Island prison (where he was meant to die like other African resister chiefs of history in the 19C), at page 208

“..newspapers are only a shadow of reality; their information is important to a freedom fighter not because it reveals the truth, but because it discloses the biases and perceptions of both those who produce the paper and those who read it.”

Just substitute ‘Sunday tv political talkie shows’ for "newspapers" in the quote above.

For actual transcripts and/or video feeds go to web sites quoted including Riley Diary on 7. And note transcripts don’t really give you the image content value.

Media backgrounders

- full page grog adverts march on with an increase noticed in the Fairfax press, in the face of federal govt moves to get a grip on the legal drug pushers. The collection of press adverts from start of June just gets fatter.

- Deal between Indonesian and Australian Govt to transfer unwell unhappy Schapelle Corby, one wonders.

- local Cooks River Valley Times seems to have been taken over by the ALP as a cookie cutter suburban weekly freebie with pictures of ALP politicians leavened with a few other rivals dominating. What a shame a genuine indy paper has gone the way of most others. Wondered why their editor wouldn’t touch corrupt management at Addison Rd Community Centre with General Manager job still not advertised to the public November to May and probably still not in June (to be confirmed).

Many things said in jest are true – feature on despair.com marketing exercise. Very amusing. Joke Says it attacks the motivational industry. But the underlying message to moi is that the 20C growth political economy is WRONG on so many levels and most people know it in their bones.  Ellen likes it “just because you’re necessary doesn’t mean you’re important” cue picture of a cog in a machine. Reminds of Prince Charles railing against rampant ambitions of the proles.

- tax tip from Ross G – sign the form!

- Quite longish report on Dick Pratt big legal stoush over criminal charges for price fixing about false evidence. Quite personal profiles of Pratt and ACCC Graeme Samuel.

- Ch9 ACA have the ‘key’ witness to the Iguana restaurant club argument. Stat dec’s said to have been drafted with help of Belinda Neal – again totally equivocal. What matters is if she asked them to lie at all. A stat dec is an essay so for clarity and relevance one needs to confine and focus – these are indeed political skills that Neal would have a view on. Certainly she has a potential conflict of interest over what goes into the stat dec IF she did something wrong and wanted it covered up. It’s not just coaching, but also rather  did she exercise undue influence or criminality in the content? It’s all equivocal until the interview runs and how true that is. Also the staffer has been paid and so she has a conflict of interest to justify the money she has been paid with something sensational. Money for evidence? It’s a real worry too.

- A Whale of a Time, June 22, 2008

Sunday takes you to the Chile's Gulf of Corcovada, meeting place of the biggest creatures on the planet - the Blue whale.

Scientists studying the recovery of Blue Whales in the South Pacific more than a decade ago were disappointed to spot only a few during their long voyage.

Then, a couple of the scientists decided to take a sight-seeing cruise through the Gulf of Corcovada and were surprised to see 60 Blue whales in just four hours.

Now there's a campaign to preserve this sanctuary for the ocean giants, under pressure from development projects such as intensive salmon farming.

Feature about sexualizing of children. Quite solid story, a lot of visual evidence in context, Australia Institute with ex exec director Clive Hamilton withstood legal threats. Same reporter p87 full pager Sunday Telegraph today.

[reminds last week of the Suare (spelling) FM picked up from north or south coast here in Marrickville joking about Milly Cyrus only 15 year old, how she’s dating a 23 year old, and middle aged leering male announcer egg beating this comparing her to naughty Britney Spears etc, and then playing Bryan Adams “Heaven”. Get it 23 and 15 year old. It didn’t sound right.]

Intro for Senator Stott Despoja, lots of footage. NS looks emotional “a little heartbroken”, a person of still some youth and ideals, now a mature parent, crushed by history. Ellen says its dead parrot territory (a worry for Sunday to take this line with its own shaky status in evolved 9, less Laurie Oakes these days).

Ellen takes issue about her own ambition as divisive. Talks about difficult work life balance. Cut off by Insiders.

[she opposed regressive GST, she walked against Work Choices with pram – I know because I invited her into the throng while she stood there weighing up whether to join in the peoples push in late 2006. “Come on Senator, good see you here supporting the people” or something like that.  She said her other half [pr flack Smith, husband] would not be very pleased! Good stuff Stott.

http://sunday.ninemsn.com.au/sunday/default.asp

10 Meet the Press:  8- 8-30 am

Julie Bishop, as a deputy Opposition leader. Neal issue is bad behaviour, and 2^nd what cover up.  JB sews innuendo about Kevin Rudd involved in her management of the controversy.

Not calling for sack yet.

Great advert for clean emissions Isuzu diesel trucks with white handkerchief.

Panel is Hewitt, Farr both News Corp.

Petrol prices – 5c coalition policy. Sledges Rudd on ‘[blowtorch on OPEC’ comment.

Bishop tries to quote markets at ALP’s Ferguson about bulk buyer not getting a discount in pitch to OPEC. Actually that’s often how markets work. Cut price or go elsewhere or change purchase of energy equation.

Costello as leader if stays? Any team would be glad to have him leader or other role.

Show runs into spectacular Blue Whale story from Chile – wow, wow, wow. A childhood dream comes true.

After 2nd adbreak – Lynn Alison. Historic footage merge with other parties? Negotiating with Climate Change Coalition. Sledge’s the Greens.

Lyn Allison at deathknell of the Australian Democrats – says votes went up after the GST and they did what they promised to make it fair. Seems in denial of the backlash for regressive tax even if it made the social services budget more secure. Rich got richer is the political issue with their tax lawyers.

Gazumped by Natasha Stot on ch9 anyway.

Meet The Press - Watch Political Video Online - Channel TEN.

Riley Diary 7, 8.35 am

Missed due to clash with Clive Hamilton interview on exploitation of children on 9.

Q & A with Riles over Ferguson at OPEC downward pressure. Sledging articulation challenged Martin.

Explorations to sensitive areas, speculators in oil.

http://www.seven.com.au/sunrise/weekend

Insiders 2: 9- 10am

Jim Middleton in the chair for Barry.

Annabel Crabb, Meglo and Andrew Bolt discussing papers especially Belinda Neal. Much sense from AC. New hairstyle, looking good for tv I reckon. “Parable about NSW politics” powermongering and aggression is the implication. Rings true.

Nats leader Warren Truss. Gippsland election.

Everyperson segment 3 older guys in woodchop sport, agrees with my take out the guy in the advert is “not a regular axeman” [probably for use of Canadian axe head, reminds of no.2 in ANU O week wood chop competition, all that rockclimbing training].

July 4^th Ross Garnaut – petrol prices will rise  big time says Chris Uhlmann, Govt must  play the long game, not the short game on fuel watch. Meglo says Chris is right. Rattled Rudd but electorate more rational on this than the pollies realize, captured by 24 hour news cycle. Bolt disagrees that the pollies are better at analyzing what the punters worry about. Meglo disagrees as per the headline above. [The truth we think is in the middle somewhere no one knows. Between short and long term. Also between elastic and inelastic demand – less elastic the bigger the political problem.]

Talking pictures – good value. Especially Keating sledges over pallor

Home page is http://www.abc.net.au/insiders/ 

Posted by editor at 12:06 PM NZT

Updated: Monday, 23 June 2008 9:51 AM NZT

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