Mood:  chatty

[under construction, more pics to follow]

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

There is some kind of event sponsored by fizzy drinks and other multinationals over in China.

High quality interview by ABC 702 Simon Marnie with Brett Solomon of Get Up over rolled gold censorship by Channel 7 at the opening ceremony coverage (of advert Australia Tibet Council and Get Up). Made me righteously angry to see our democracy insulted [compare 10 Meet The Press this morning which ran it] Solomon was tired and eloquent – a quality effort on his part.

Alan Ramsey does what he does best – memories of older Australia, a real tear jerker in the SMH yesterday.

The Sphere Laurie Oakes pushes a line in Saturday Tele, or does he, re Costello sticking around for mere entertainment value if nothing else. Likens him to failed PM Keating. Speaking of which I noticed Rex Conner’s understudy in this pic at bottom of this collage from The Dismissal of 11 Nov 1975.

Tim Blair is irrelevant in the same paper on page 103 yesterday. Good.

Woolworths lose the big Grocery Inquiry and are hiding behind innocent children in tv slots and GW colour supplement. Chinese dictatorship similarly hides innocent children of the world for the sentimental vote to hide their ruthless murderous human rights abuses. How many children oppressed? How many hungry children? There is no shame.

NT swing against the ALP echoes the Gippsland byelection swing. Stay tuned for big changes in govt policy towards the browns? Or the right wing? Or what?

Reba Meagher new squeeze is a media spinner.

NRMA sprung for $225K undeclared political donations? Alan Evans on $300K a year – rich folks cooking and fixing society p15 Sun Herald Sydney.

Profound picture of chick magnet Sonny Bill Williams in bruvverly solidarity with Anthony Mundine – Mohomad Ali replay – the story is emancipation.

Paul Gilding is talking his book in the business and conservative press for Ecos Corporation.

Conservative press still tying itself in knots over climate change policy realities – big play is Geof Carmody founder of Access Economics, on Doogue Radio National yesterday along with Baker & McKenzie guy, big splash by Paul Kelly in The Oz pushing his line too, and Greg Sheridan. (Thesis is about tax consumption not exports. That is try and delink our economic satellite status as supplier to big developing industrial countries like China and India, but also to Japan which is a bigger customer again.) Other commentators desperate to be heard in The Australian like Dr Strangelove – Ziggy Switkowski. Others are Bjorn Lomborg, sophist editorials

Exxon Mobil breaks it’s own profit record in second quarter of US$11.68 profit.

Smoker and master of condescension Roger Wilkins in personal profile 8 Aug 08 The Oz p33 - 2nd last paragraph Carr praises Wilkins driving 2002 'tort reforms' which actually gave insurance industry a windfall and hurt working people as judges and academics well know. Says it all really.

Solicitor prosecuted for allegedly promoting phoenix companies to avoid legal obligations - likely to see more of this trickey as the two speed economy kicks in.

Organic food sector is growing Aug 9-10 Australian p37.

Pulled an editorial attacking unions by same newspaper constantly ignoring coverage of union awards (high numbers) for membership (relatively low).

Asa Wahlquist The Oz  decries political failure on protecting the Murray Darling – no Labor votes in it is my cynical view – they want to trash the National/Country Party.

Black developer Gerhardt Pearson looking fat like his famous brother Noel Pearson up Cape York way as Qld Govt makes a deal with traditional owners and urban environment groups like ACF and The Wilderness Society. No accident this is after Howard Govt and Mal Brough have been turfed from Parliament..

Paul Keating talks his book (?) on increasing super on 7.30 Report and The Oz full of puffery about 15%

Airline boss says high oil price of $145 a barrel will put 25% if carriers out of business in 12 months – bring it on!

Phillip Ruddock ex A-G and ex Immigration Minister is getting quietly sledged and trashed in many different sections of the Big Media.

Reactor leak at Lucas Heights in dodgy brothers.

Iemma incredibly does a forest PR line on Millers Point via SMH yesterday – what about Eden Chipmill 2,500 trees killed every day.

Imre Saluszinsky gets it wrong back page of last week’s weekend’s Rear View  about NSW Power public ownership – says it’s a battle between unions and Parliamentary party. No – it’s a battle between People with unions as their proxy versus Big Business with craven MP’s on donation drip as their proxy. Repeats hoary chestnut about low membership when it’s high coverage by union awards that really counts.

Weird story in Sun Herald about crippled sports shooter – killed 60 feral animals with absolutely no scientificly valid reason to claim “conservation” benefit. Even worse says he gets others to flush animals out for him to shoot – safety anyone? This is govt gone mad. They should be thrown out.

Rob Oakshot talks up the Green economy in the NSW seat of Lynne. After NT lets see.

Geof Gallup on Doogue agrees environment is a “narrative” both sides should improve on [refer stuffed Insiders scheduling today, below]

10 Meet the Press:  8- 8-30 am

Chris Bowen re grocery inquiry. Press round up – Georgia – Russian war over South Ossetia. Press round up

Bowen excuses NT result – not a federal related result. “Very dangerous” might be the word but not the way he means. On groceries – leads on planning laws.

First adbreak Get Up and Australia Tibet Council advert for Beijing Olympics – strong.

Panel is Jennifer Hewitt and Mal Farr. 2^nd guest is Olympic stager Konrads talking up the apolitical brand. All circus rubbish.

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

Riley Diary 7, 8.35 am

After the Olympics.

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

Insiders 2: 9- 10am

Press roundup with panel Lenore Taylor, Fran Kelly, Piers Akerman. Rudd pic front page with Opals women basketball – but he looks like a wanker to me.

Guest is Julia Gillard. In person as Melb based. Not a fan of “narrative” term.

Bangs drum on work choices. BC skips NT result? Skips Costello leadership? Prefers grocery watch.

Everyperson young mothers re grocery prices.

Kelly says Rudd “misled” electorate about shopping prices. System not one of gross exploitation “at all”. [All these rich folks are totally unqualified on this subject.] Rudd in picfacs in Beijing – enjoying himself, exploiting it.

Talking pictures with Minister for Sport  Kate Ellis – charming, youthful, any good as a minister or just decoration as ‘the silver lining’ in 2004 election? Who would know from this segment.

After mostly dross finally talk about lower lakes salt water ‘solution’ to the Murray. Peirs Akerman says there is enough water to release, can buy back water rights as per ACF plan.

Topic greatly guillotined should have been much higher, weighty coverage. Fran Kelly predicts major problem for govt if lower lakes die. Taylor says govt does need a narrative (exactly – like green economy as per Rob Oakshot piece?).

Akerman makes a curious prediction with meaning Quentin Bryce can’t be leading while she is being investigated – meaning what scandal from Qld is new Governor General at risk from?

[Here it is, long running Heiner scandal – Akerman story back of today’s Sydney print copy of the Sydney Sunday Telegraph and online:

Mr Lindeberg said in his letter that the Australian Constitution vested reserve powers in the Governor-General, including the right to dismiss a prime minister or minister who acts unlawfully.

 

He said those holding the office of Governor-General must do so without any suspicion that their integrity might be in doubt as sufficing to impinge on their capacity to exercise those reserve powers impartially.

 

The exercise of those reserve powers may be brought into jeopardy after September 5, he claimed, unless the Heiner affair is properly resolved.

 

A spokesman for the Governor-General would not tell The Sunday Telegraph how the investigation into the Heiner affair was being conducted.10 August 2008 12:00am Heiner affair shadows Bryce | The Daily Telegraph 

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

9 Sunday 7.30 – 9.30 am

Finished forever replaced by Maxwell Smart adverts? Laurie Oakes interview still on with reporter from 60 Minutes namely Tara Brown with a Bladerunner haircut.

LO with Foreign Minister Steven Smith – re South Ossetia etc softly spoken boring safe etc. Jim Hacker with a make over? All very important issues where safe is likely good. After Iraq especially.

NT election result – “tide turning against the ALP”.

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

Posted by editor at 12:17 PM NZT

Updated: Monday, 11 August 2008 12:03 PM NZT

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Mood:  sharp

(a)  prohibiting bulk tanker exports of water and

(b) rehabilitation of the natural waterway.

(a) council lawyers of additional evidence available to them;

(b) local community stakeholders concerned about the issue;

(c) other non govt groups concerned about sustainable food production close to Sydney.

1.Council's report of 5 Feb 2008 doesn't address a suggestive letter by DWE officer De Silva dated 10 Dec 2007 to the GM of GCC that CCA has not been carried out to the 66ML/YR level as required by Moore C in 2005. This letter is attached to the David Kettle/CCA Reply to Statement of Facts and Contentions filed in the court pleadings dated 23 May 2008.

DWE/De Silva writes [bold added]:

"The report [by CCA consultant] states that a volume of forty four (44) megalitres of groundwater was extracted during the trial period though the Land and Environment Court's Determination allow the licence holder to extract up to 66 Megalitres a year during two year trial period."

2. Despite this tip off from DWE/De Silva at point 1, Council officers' report 5 Feb 08 failed to address whether the 44 ML rate of pumping legally complied the trial term. Yet the Council was squarely on notice of non compliance with the consent condition;

3. Council's main report 5 Feb 2008 (reversed 7 days later) has another serious omission - it does not cross refer or indicate consultation with the chief hydro-geologist for Gosford Wyong Water Authority. By contrast the local water authority is quoted extensively in the Council report dated 14 April 2005 around page 9 considering the original application for 66 ML/YR which was refused by Councillors. The Water Authority advice was adverse to CCA in 2005 and likely to be so again in 2008;

4. A reasonable observer would be surprised that council's officers reversed their recommendation in another report after only 7 days to recommend refusal for non compliance with the trial.

5. In that refusal of 12 Feb 2008, an express resolution reads:

D. The objectors be advised if the applicant appeals to the Land and Environment Court.

This was not done. The GM - Peter Wilson - writes to Diamond dated 6 May 2008 that this was "an oversight". The problem with this generous interpretation is that the lawyers for CCA and GCC were sufficiently alert to the potential of a third party objector joining the proceedings (as happened in litigation in previous years) to file jointly signed "Short Minutes of Order" drafted by Donnellan & Co  filed in the court on 17 April 2008 agreeing to the CCA preferred single parties expert (Anthony Lane from Melbourne by clause 3), and seeking to exclude any other expert opinion from say an objector 3rd party in the future. For instance clause 8 of the Order co-signed by lawyers for both parties reads:

"If the Court has ordered that a parties' single expert address any issue, no expert report addressing the same issue other than the report of the parties' single expert may be relied upon at the hearing, without leave."

In other words the lawyers were careful to shut the gate on third party objectors by first not notifying them, then ramming their own preferred expert in place. It was well understood local objectors did not have confidence in expert Anthony Lane based in Melbourne, having travelled with and relied on CCA's Dr Beck for analysis in 2006 litigation. He wasn't trusted. Objectors wanted a hydro geologist expert based in NSW with experience of the complexity of Sydney Sandstone aquifers. Pain J echoes the same concern by her judgement of 4 July 2008 that

"a Sydney expert rather than one based in Melbourne would have been preferable" (at page 2 of the decision).

This context and extensive litigation history including local feeling against Lane suggests that council officers avoided notifying objectors to lock in the CCA preferred expert before the choice could be contested by any local objector third party in the litigation. If this was a deliberate breach of the council resolution and/or aid to CCA then it would be a breach of council's code of conduct and potentially ICAC guidelines.

5A. The "Agreed brief" to the single parties' expert Lane is very narrow (described in Lane's 18/7/08 report at page  2) and very tendentious of an approval to CCA:

To assess whether the hydrogeological monitoring data supplied since March 2006 provides sufficient evidence to make the 66ML licence permanent including determining whether the impact of removing 66ML can be extrapolated from the supplied data, and whether the data supports such the [sic] permanent increase."

The brief should have included in line with Council's refusal decision more about:

Is the missing summer 2005-06 data for that high use dry period a problem for CCA?  Has the trial actually been implemented at 66ML/YR level as per the terms of Moore C. 2005 decision given DWE say it hasn't? Is the trial indeterminate in light of fast changing climate change evidence and the precautionary principle? What does the local water authority advise with their local hydro geological expertise? Has the Peats Ridge area already been seriously over allocated due to other extensive unlicensed water users? Is there any study available of rainfall recharge rate to base a measure of sustainable water extraction? [no] Are there Sydney Sandstone expert hydro geologists like Adjunct Professor Brian Marshall or Chris Jewell based in Sydney who have alternative theories of narrow semi confined aquifers of much less available volume?

6. The legal officer Alan Ford is responsible for instructing council's solicitor Robert Byrd of Donnellan & Co (as confirmed by Mr Byrd at the LEC on two different ocassions 4th and 29th July 2008 to Diamond  pers. comm.). The problem here is that GCC it's own external auditor's report by consultant Alan Delaney of Internal Audit Bureau. We are advised by sources within Council that this IAB report addressing all issues around GCC management of the Pace/Coca Cola Amatil Peats Ridge Springs site over the years may/may not be adverse to Ford. If IAB is adverse and this is known to Ford/and (or others in GCC), they would be obliged under Council's Code of Conduct to disqualify the relevant officers including themselves from giving instructions in this matter. The fact council keeps the IAB report under wraps has crueled the community's confidence in the situation.

7. Council's lawyers - in what appears direct contradiction of the decision of Councillors to refuse the CCA 

s.96AA application - vigorously opposed the community based Intervenor Diamond at every turn in our notice of motion first to the Registrar and then before Justice Pain. They similarly argued against our suggested new conditions being applied to CCA about ban of bulk tankers or rehabilitation of the water way. We are left to ask the GM on whose instructions and on what basis was this opposition against a third party objector? Why did GCC's lawyers echo CCA's opposition? We believe this aggressive opposition to us given we were moving with the goodwill of community objectors has greatly damaged the trust of the community stakeholders. This greatly under cuts the Councillors sincere solidarity with objectors. Why is there such a disjunction from the elected representatives to the staff implementation? This bares much more scrutiny.

8. There has been some serious omission of documents for consideration by the single party expert Lane. For instance 

(a) there was no intention to provide perhaps the most comprehensive report to date being the Alkhatib-Merrick (UTS) Report of Nov 2006 until we submitted this in our list to the court and other parties. The report features significantly in the Lane report; 

(b) A CSIRO study of drought frequency increasing from 1 in 20 to 1 in every 2 years released in early July 2008 was ignored. We do not have the CSIRO research report but with Council's help it could have been obtained for this case as to the precautionary principle: More here 6 July 2008 Climate change fuelling drought - CSIRO | NEWS.com.au

(c) Similarly a meteorologist report of May 2008 verifying this was the driest month ever on record was also rejected. As here: 31 May 2008 Weather News - Driest May on record for Sydney - Weatherzone

(d) Similarly expert advice of retired adjunct professor in hydro geology Dr Brian Marshall was rejected. Marshall in particular has a compelling explanation of why complex semi confined narrow multiple aquifers in Sydney Sandstone are much more constrained in volume than has been acknowledged to date by CCA or its preferred experts (or indeed others on Mangrove Mountain). 

This willful blindness evidenced by the letter of Byrd/GCC to Intervenor of 18 July 2008 rejecting these materials was very puzzling and suggests a biased attitude; To quote Mr Byrd as GCC's lawyer:

We refer to the documents submitted to us by email and web link on 15 July 2008.  We advise that our instructions from Council are that whilst Council considered the documents would not be of great relevance or assistance to the parties’ single expert, that Council would not oppose these documents being submitted.    As you are aware, however, Mr Lane is a joint expert whose costs are being met by both parties and we, therefore, must also have the consent of Coca Cola to the provision of the documents.

 

We are advised by Coca Cola that due to the lack of relevance and the additional time factor that the submission of these documents will involve, that they oppose the provision of them to Mr Lane.  We will, therefore, not be submitting the documents to Mr Lane for his consideration. 

 

We note that we have also received a number of links to other documents since that date.  A number of these documents were links to newspaper articles.  It is our view that newspaper articles are not of a sufficient quality of document to submit to the expert.  Such articles are second hand accounts of matters and include interpretation by the journalist and we are, therefore, of the opinion that it is not appropriate for these to be forwarded. 

 

In relation to the further documents submitted today, we are again of the opinion that the documents are not directly relevant to the parties’ single expert’s role in these proceedings.  Some of the documents contain general information and information regarding the aquifer system in the Blue Mountains.  It must always be remembered that Mr Lane is a highly qualified expert in his field and it should, therefore, be assumed that he has an awareness of the general issues and the background in his area.  There is also, of course, an issue of time in relation to these documents. 

9. Of special concern was rejection of evidence in 'the Green Folder' of documentation which had gone missing for 2 years after being in the hands of Donnellan & Co in late 2005 (wrongly provided to them by the court Registry). We relocated the folder after complaint to the Judicial Commission of NSW. Council's lawyers declined to provide any material in this folder including scientific study by Margaret Pontifix of lost groundwater dependent flora, and several colour aerial photos over the last 20 years which Lane himself had requested in the 2006 litigation/site inspection. Strange given that we are advised that it was this folder that caused Moore C in the hearing of Sept 2005 to remark from the bench to the effect of:

'Your community evidence makes me concerned/hesitant to approve this without a trial. I'll have to think about this some more'

Further we are advised that Moore C took possession of the Green Folder from Pontifix giving her evidence in the court. Further we are advised that barrister for Coca Cola Amatil - Mr Tomasetti was most concerned about the folder of evidence. It was then returned after judgement late 2005 by mistake with other exhibits to Donnellan & Co and then went missing in the court archive for 2 years. It was always clear who owned the folder from it's contents, and it should have been returned to Pontifix back in late 2005, early 2006.

10. Solicitor Byrd has advised Diamond in the precincts of the Court he has no intention of calling any representative of the DWE to explain how they assessed CCA should have a permanent 66 ML/YR extraction when it is clear that the whole Mangrove Mountain is over allocated and no other land holder has been given an increase comparable despite applications since 2005. Even Moore C said in the pivotal 2005 hearing the relevant State Dept should be called;

11. Solicitor Byrd has always been agnostic and deferred to Coca Cola in failing to support extra time to comply with the very demanding court timetable on the Intervenor in order to collate our evidence and submissions while holding down a full time job elsewhere. At one point the Green Folder was discovered and another box of documents 2 feet thick had to be processed in 7 days. This was oppressive and the Intervenor's agent lost 2 weeks paid employment to undertake the task. The truth is we were never meant to get across the material or influence proceedings and were being treated like Banquo's ghost through the whole proceedings. So much for the people's court, or the public interest under s.38 of the Land & Environment Court Act.

12. We understand that draft conditions by consent wtih Coca Cola have already been drawn up by GCC lawyers, though these are not on the court file as yet. We are advised these have been provided by solicitor Robert Byrd to local objector Peter Campbell (6 August 2008) and that these draft conditions capitulate to CCA pre emptively by accepting an approval by the court in favour of CCA prior to the hearing;

13. In the court on Friday 4 July 2008  barrister for Council Matthew Fraser undertook to supply the 170 page expert report by Alkhatib and Merrick of Nov 2006 by the following Monday 7 July 2008 to the expert Lane to consider. The 'Merrick Report' was known to be adverse to CCA's case in that it finds an over allocation of water at Mangrove Mountain generally suggestiing a permanent 66ML/YR extraction was unwise (as per local press early 2006). Lane was due to report by 21 July 2008 so haste was in order to receive such a substantial report. Yet Lane admits (at page 11 "Although I have not had time to review the report in detail (it was received on 14 July 2008) ...."  in his 18 July 08 with 4 only days to analyse it. Adjunct Professor Marshall has indicated to us a proper consideration would take much longer than 4 days. Lane effectively admits in his final report he didn't have enough time to properly study it. 

Lane had twice postponed his availability to do this expert report. On the third deadline in this rush Lane admits (at page 5 of his report under heading "3.3 CONSULTATION") that he discussed interpretation of the report with one of two authors, Merrick, directly verbally before signing off on his report on 18 July 2008, even though Merrick is not a hydro geologist at all:

"I have consulted with Dr Noel Merrick of UTS , co-author of the report "Groundwater Simulation and Optimisation Modelling of the Kulnura-Mangrove Mountain Aquifer Systems" November 2006, in relation to interpretation of sustainable resource in the area. The report seemed to infer the sustainable resource had been over estimated by the Kulnura Mangrove Mountain Water Sharing Plan (KMM-SWP".

Merrick according to Lane sought to retreat from the findings of his Nov 2006 report and Lane adopts a 30% stream baseflow reduction of local waterways instead of 10% as per the UTS study of Nov 2006. Lane has thus effectively compromised the independence of his report because he may not have known

- that since the Nov 2006 Report Dr Merrick has proposed a joint project to be financed by CCA to carry out studies in Peats Ridge area (Yvonne McKay/Coca Cola email letter to Margaret Pontifix/MMDCG dated 1 May 2007 - see attached): A clear potential financial conflict of interest on Merrick, and not an independent source of advice for Lane.

- that Merrick is not a hydrologist by training but a computer modeller only who cannot advise on the critical question of increased baseflow extraction from 10% to 30% that Lane relies on Merrick for. There is no environmental assessment of a 30% reduction in stream baseflow, which is huge reduction.

14. Currently both GCC's lawyer and CCA both oppose the Intervenor having copy access (as distinct from read access which we have) to the court file in order to properly prepare for the court hearing. CCA might be expected to be hostile. But why GCC's lawyer?

15. Most recently Robert Byrd as lawyer for GCC has advised the wrong dates in writing of the site inspection and hearing dates to the numerous objectors. This could well have the effect of dampening the attendance and therefore evidence of public interest and concern in this case if not promptly corrected. We have written to Mr Byrd to request such a correction and re-issue of the letter on 5 August 2008 (as per Attachment 1 below)

1. remove any staff member who is compromised from any involvement or participation in progressing this litigation or similar in the future, and especially excluded from any role in giving instructions to Council's lawyers;

2. Council direct it's lawyers to consider the content of the Outline of Submissions on behalf of the Intervenor Diamond otherwise outside the scope of the ruling of Pain J - that can help Gosford CC actually win the case. We refer especially the perceived financial conflict of interest of Dr Merrick, a computer modeller, on whom parties single expert Lane relies ;

3. Council instruct it's lawyers, especially barrister Fraser to vigorously cross examine expert Lane on his bogus and/or rushed assumptions and reliance on verbal advice of Merrick with his potential financial conflict of interest;

4. Refer this correspondence to the external auditor IAB for a follow up report;

5. Council's lawyers be instructed to withdraw any draft approval conditions by consent until the case is actually contested;

6. Release the secretive IAB report commissioned by Gosford City Council already completed so that it's contents can be considered by the electors of Gosford according to normal democratic principles;

Posted by editor at 5:08 PM NZT

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Mood:  a-ok

Picture:  Huge sandmine hole next to Wollemi World Heritage national park on one side and Yengo NP/McDonald Wilderness on the other, 40 km west of Sydney next to the Singleton Road. The sand "pulled out" goes into the ALP controlled construction sector. The mine by Birdon Contracting Pty Ltd was illegal 1986-96 then given retrospective approval by Hawkesbury River Shire Council, and proceeded without valid development consent from 1996-2007 according to Environmental Defenders Office written legal advice. It is due for takeover by Adelaide Brighton Pty Ltd and most likely will be expanded to 270 ha and approved by Minister Frank Sartor in due course. It is killing the water flow in Tinda Creek into Wollemi natural heritage area. There is no real restoration of these huge sand mine sites. They are usually left as quicksand slurry pits (called 'lake' in the spin). Photo by SAM editor 14th March 2007.

SAM's editor has been assisting an objector take legal action against the above sandmine. Hawkesbury City Council got a rude letter recently from lawyer for the sandmine which reads in part:

and also here and note paragraph 6

However the business paper for council meeting of 29 July 2008 with a 40 page report and answers to questions on notice from Greens Councillor Leigh Williams has the following recommendations by the officers:

Recommendation:

That:

1.The application under s.96 .... be refused as, due to non-compliance with Condition 4 of the original consent, the consent has lapsed and Council is unable to consider the application.

2. A Notice of Intention to serve an Order be issued on the operator to cease operations due to there being no current consent for the operation. [etc]

If a majority of councillors were flirting with approving the sandmine's extension for another 1.3 million tonnes of sand regardless of the officer's report (which has been rumoured), then this 3 page fax received mid afternoon the same day gave them pause:

 

The council on their own legal advice decided to defer the whole matter until deliberation of the Land & Environment Court.

At these proceedings an affidavit of some 150 pages of evidence will be considered as per the front page here filed and served at the council meeting on the council and the operator Birdon Contracting Pty Ltd, prepared by community objector Diamond, complete with corrections and edits. Adelaide Brighton Cement as the purchaser might be in for a long wait yet.

 

 

 

 

 

Posted by editor at 4:51 PM NZT

Updated: Tuesday, 26 August 2008 2:04 PM NZT

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Mood:  chatty

Here is the July 08 screenshot taken this morning:

Previous monthly reader pageview figures for 2007, 2008 verified by screen shot (web host provider monthly pageview account details) posted on or about 4th day of the month found in this thread:

• June 08 - 27,440
• May 08 - 25,046
• April 08 - 19,250
• March 08 - 20,803 
• February 08 - 13,109
• January 08 -  19, 898
• December - 11,627
• November - 10,220
• October - 9, 100 
• Sept -  8,100 (roughly, no screenshot)
• August - 8,845
• July - 7475
• June - 9675
• May  - 9, 059
• April  - 12,087
• March  - 6,684
• February - 5,372
• January 07 -  2800 (3rd Jan - 3rd Feb 07)

Posted by editor at 10:41 AM NZT

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Mood:  chatty

 

Water on Mars a selling opportunity

THE news from NASA is excellent: the Phoenix Mars mission has found water. Not only does this mean enterprising real estate agents have vast untouched acreage to advertise as water frontage (not to mention water views, and then water glimpses when those quarter-acre lots on the Martian arctic plains start going under the hammer), but the precious fluid itself can be used to enrich our lives back here on the home planet. We can see the slogans now: Mars water - it's out of this world. Marketers know consumers are prepared to pay a 1000 per cent mark-up to buy bottles of water allegedly from mineral springs on boring old Earth. What will they pay for water allegedly from a different planet?

The discovery provides hope, too, for Starbucks. The mission, we are certain, will find Mars's coffee culture is second-rate - fertile ground, then, for this enterprising chain. There's a reason those little men look green: they've been hanging out for a mugaccino.

Friday, 25 July 2008

Open letter of complaint to ACCC about Coca Cola Amatil deception on 'spring water' at Peats Ridge

25 July 2008  Outline of submissions on Coca Cola legal appeal to delete 66ML/YR Trial at Peats Ridge

Amanda Tesvic Senior Associate, Sydney

SERVICE AREAS

• Competition & Consumer Protection
  IT, Communications & Media

2-3 August 2008 Prising open cautious NSW courts - Opinion - smh.com.au

Fundamental to the principle of open justice is the ability of the public to gain access to documents held by courts. But anyone who has sought to rely on ...

Posted by editor at 8:47 AM NZT

Updated: Monday, 4 August 2008 10:20 AM 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

Laurie Oakes skewers alcohol industry.

Paul Kelly skewers Nelson in opinion column

Linton Besser Skewers Iemma Govt on transport in SMH - Now backbencher MP for Marrickville knew about the tunnel plan under Marrickville in the last State Election, implied knew being in Cabinet since Nov 2005. Note byelection for Tebbutt to lower house was only a month earlier. Sartor released Commission of Inquiry report just after byelection for Tebbutt - so cynical. Besser writes the stories that Tim Dick might have tried to do 2 years earlier when we tipped him off about refusal of FoI by Sartor's people. We nurse the theory Tebbutt stood down from Cabinet to avoid betraying her electorate with smog stacks - call it looking after Nathan if you like Carmel - quite right too.

Tripodi and Iemma open their Port Botany construction project destroying the Bay even more - Linton Besser leaked reports in SMH, and on Stateline last Friday, are surely a revenge on Iemma and Tripodi from somewhere inside government about that many headed hydra that will spawn destruction across the city and make the Green Ban days look like a picnic.

Mal Farr soft shoe on uranium exports to India – ignores insecurity of nukes and dodgy reactors like INVAP here in Australia – built by dodgy brothers Argentinian company.

ERA being urged to double its production at Ranger U mine smh 26 July 08

Chris Bowen assistant federal treasurer in SMH rolls out the climte change rhetoric, read wedge on Lib-Nat.

The Australian front page is quite overt and/or proud over it's role promoting Nelson's lurch to brown with strategic opinion pieces in early July. Nelson sure has brown on him now and might be looking for a job with Kenny soon.

Scientist Roger Jones on IPCC from CSIRO in The Oz, Higher Education slams denialist case p23 30 July 08. SMH also carries a feature riposte for the punters.

Nick Wood vice pres NSW young labor left faction calls his own Iemma Govt “an embarrassement” in the op ed features smh albeit last sentence.

Wentworth Courier carries cover of MP Paul Pearce sledging Iemma Govt on power sale plan.

First climate PR advert of federal govt sighted smh 2 aug p25, includes our line “already pushing up insurance premiums”.

GE close to $3B ‘clean coal’ deal for NSW or Qld in a few months spruiks The Oz p28 30 July 08

600,000 evacuated from Fuqing city in Fujian province mid last week due to a typhoon, story sourced to Shanghai – low lying city.

9 Sunday 7.30 – 9.30 am

(Flu crashes into this observation sadly.)

Pre 8am Poscoe (now with Kohler? and Crikey) and Ross Greenwood – both smart edges – do some chat and nostalgia.

Byrne and Woolley do more. Lots of priceless old stories.

Adam Shand and Ross Coulthard – proud contrarians and intelligent with it.

Jim Whaley intro for political interview Laurie Oakes with PM Rudd. Cut his teeth on this show. Sad day. [True]. Rudd refers to time of “flux” [ my comment about Andrew Bolt]. Q. slowing things down? No – big programme. Anecdote about don’t rushing for a speech, fell in a pool. Q. Nelson replace by Costello, scared? Question of policy says Rudd, not personality.Sharp dig about knocking Kim Beazley off, not just about policy from LO. No blink Rudd smooth. Emphasises policy.

LO re economy – formidable opponent for you? Rudd plugs his 12 years point [though CKerr points out tad under 12]. Switch to insiders. Interview runs longish 9.50 and still going at 16 mintues. Mostly dry economics discussion.

Money question in wind up about Olympic funding. LO takes a swing in a supplementary. Rudd boilerplate.  Including

And that was that with LO sounding emotional – after so many years. [LO there for 27? – Go watch Rollerball folks – outlive the format]

Chat Ellen with LO and great anecdote about Keating gazumping his Cabinet – arrogant PK turned the studio in to parliament house.

Live cross to Sky Helen Dalley, also live on that channel, geeky lairising. Fairly boring chat but they earned it.

Footage of youthful Peter Thompson film critic and step brother to actor Jack.

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

10 Meet the Press:  8- 8-30 am

Missed a lot of this show, but saw enought to know good panel Michelle Grattan (Age, Fairfax) and Steve Lewis (News Corp). Simon Crean was the talent who took the invitation despite the rhetoric to note as an ex leader parties don't reward destabilisers (a curious comment really, and probably hopeful), and get your policy right. Or something like that.

Second half was - damn I forget - Lawrence Springborg here 03/08/08 - Simon Crean & Lawrence Springborg

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

Riley Diary 7, 8.35 am

Got a chunk, Newcastle backdrop re Costello leadership. Might have been a film package earlier. Away until after the Olympics now.

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

Insiders 2: 9- 10am

Panel Bolter, Mal Farr, K Middleton. Intro on crashing economic indicators re superannuation reverse, business selling down, etc

Press round up – Costello plotting his return.

Guest is Lindsay Tanner highly articulate but wet blanket material on the economy.

Everyperson section is high school HSC kids.

Paul Kelly – party camped on Costello doorstep.

Footage of Nelson in [deathknell] interview with Kerry OBrien 7.30 Report.

Bolt reckons most backbenchers rejected 2012 of Hunt Turnbull line, though shadow cabinet went with that. Unreported says Bolt.

Mal Farr leans on elbow at Bolter – real issue is beyond detail but capacity.

[Sound of the teacups – works – should do more of it, a Sunrise effect]

Bolt reveals his prejudice backbench are “right”, front bench are “wrong”.  [badly wedged by ALP]

Bolt vote of approval for Fortescue/Rudd employment programme. Looks like cotton industry in Morree or similar model relocated to mining sector.

Mal Farr reveals his research on India – re car industry there re Nano at $2,500, [wrote story about uranium export agenda to India soft sell forgets INVAP dodgy reactor and all the insecurities of that agenda – very irresponsible.] More willing debate between Farr and Bolter about per capita emissions – Bolt is correct on increased carbon emissions even if per capita is lower by comparison with Australia.

HG and Mike Bowers talking pictures. Mostly about Nelson in trouble. Deficit of Rudd cartoons is BC making a balancer comment.

NT election next weekend – ALP Govt going asap – surprise win in 2001, landslide in 2005, polling good this time, despite “culpability” says Bolt.

Bolt barracks for Costello economic credentials [after Nelson lurch to brown has crashed and burned much to his chagrin].

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

Posted by editor at 12:47 PM NZT

Updated: Tuesday, 5 August 2008 8:04 PM NZT

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The Federal Coalition Opposition seem to be forgetting the soft power of the global reinsurance industry.

Swiss Re and Munich Re etc control trillion$ in assets worldwide as per this ABC Background Briefing show in 2005:

The Business of Climate Change Sunday 16 October  2005 

And this industry sector knows that it's not worth writing re-insurance policies for the domestic insurance industry (think former HIH and every other insurance company here) for any country that does not have world class global warming policies.

The statistics on massive storm insurance losses makes this financial approach a business imperative for the global re-insurance industry. This is what a leading re-insurance sector representative said back in 2005 when climate change science was far more contentious and arguable:

"As head of the geo risks division at Munich Re, the world's largest insurer of insurance companies, Peter Hoeppe sizes up the threat of tropical cyclones, floods and tsunamis like a Las Vegas bookmaker tries to pick the winner of the Super Bowl.

And increasingly, Hoeppe's biggest worry is not when the fabled big one will shake California, or the next Hurricane Andrew will steamroll Florida.

It's global warming, which he believes is already costing the $US3trillion ($4trillion) insurance industry.

Worldwide disaster losses have been rising for the past half a century, even when inflation is factored in - and Munich Re asserts climate change is at least partly to blame.

Insured disaster losses last year totalled $US44 billion, the most expensive year yet for the industry, the German reinsurer says.

Overall disaster losses were $US114.5 billion, the second-highest total.

By contrast, disaster losses, adjusted to 2004 values, were about $US40 billion in 1980 and $US10.5 billion in 1951.

Worldwide disaster losses have been rising for the past half a century, even when inflation is factored in - and Munich Re asserts climate change is at least partly to blame.

Insured disaster losses last year totalled $US44 billion, the most expensive year yet for the industry, the German reinsurer says.

Overall disaster losses were $US114.5 billion, the second-highest total.

By contrast, disaster losses, adjusted to 2004 values, were about $US40 billion in 1980 and $US10.5 billion in 1951.

"Single events can never prove climate change. But like a stone in a mosaic, if you get enough of them, you begin to see a full picture," said Hoeppe, who leads a team of 25 meteorologists, hydrologists, geologists and economists that studies the global cost of calamity.

"We have seen dramatic increases in damage from weather events. Something is changing in the atmosphere. There is no other explanation."

Sceptics, including some climate scientists who believe in global warming, wonder whether some insurers are talking up the threat of climate change to raise rates. And most American insurers are more concerned about terrorism than the weather.

Nevertheless, although most insurers do not believe climate change is eroding their bottom line, many are growing concerned that it could in years to come if predictions prove correct and extreme weather becomes more common in a warmer world heated by greenhouse gases.

Last week, for example, the Association of British Insurers, a trade group representing about 400 companies, predicted the worldwide cost of major storms could rise by as much as two-thirds by 2080 because of global warming, raising average annual losses to $US27 billion by today's valuations."

in

Global warming costs us: reinsurer - Business - Business - smh.com.au reporting the Los Angeles Times 7 July 2005

Then see this in 2006:

28 August 2006 BBC NEWS | Business | Insurance firms weather the storm

Now look at this from July 2008 where this industry observer is suitably agnostic but the figures are ramping up the pressure to freeze out economies that don't co-operate in global action.

When storms turn political July 2008 With the prospect of high hurricane activity and pressure to keep rates low, reinsurers face a growing need to mitigate their risks, as Bob Ward explains. [from Global Reinsurance website]

We won't be able to hide under GW Bush's skirts for much longer either with both McCain and Obama supporting more action on climate change, not less. 

In this sense Australia is not 'leading the world' with it's Emissions Trading Scheme (now Carbon Pollution Reduction Scheme) but following the majority of the rest of the developed (read European) world.

By contrast GW Bush's USA economic disfunctionality is hardly a useful counter model to take our economic settings from.

If the Federal Coalition play chicken with the European controllers of the global (re) insurance industry and they withdraw re-insurance support to Australia the social and legal chaos that will follow will make the collapse of HIH look like a picnic:

14 January 2008 HIH founder free but pain lingers | NEWS.com.au

and here back at the start

HIH Insurance - 31/05/2001 - QWN - NSW Parliament

Unlike PM Malcolm Fraser's slogan of the 1982-83 election regarding "not waiting for the world" -

as per Insiders programme yesterday 28 July 2008 here

Last Update: Sunday 27 July 2008

 This week on Insiders

Barrie and the panel discuss how the coalition will respond to the Government's plan to push forwards with emissions trading and whether internal divisions will undermine the effectiveness of the Opposition.

Watch: Real Lo | Real Hi | Win Lo | Win Hi

 ..... in reality Australia is playing catchup well behind the Europeans who control our insurance coverage. Given the shaky US economy and the election of a new US president later in 2008 means we must throw our lot in with Europe and so should the Coalition Opposition in Federal Parliament. To do otherwise is being highly irresponsible and putting the Australian economy at risk of a fatal brush with global political economic forces.

It would be nothing for Munich Re or Swiss Re to withdraw their re-insurance support for a distant 21 million population country and write our economy off. In fact they must be quite tempted to do so already given the active sabotage by the Howard Govt of Kyoto reforms. The Coalition Opposition should not tempt fate over the economic future of Australia by flirting with a super 'HIH collapse' scenario.

Posted by editor at 2:29 PM NZT

Updated: Monday, 28 July 2008 9:37 PM NZT

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Mood:  chatty

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

Media backgrounders

- Good Weekend on Marius Kloppers 45 – father died young, a common trait of high achievers – reminds of uni buddy – small perfectly formed, amoral, endlessly charming, 5 languages, driven by personal ambition – endlessly adapatable change capable man for the 21C. Good feature missed some tough questions – wife missing in action from story as are usual pics of kids. Security conscious guy. 6-8 coffees a day vegetarian. Alpha male, 2 years national service, part of Mandela’s transition year when it counted – that’s his saving grace. Accepts global warming as a reality for  …. Adaptation.

-  Good John Garnaut feature on BHP stalking Rio Tinto and Chinese Iron and Steel Association (CISA) – real heavy political economy analysis.

- Geof Dixon looking as old as the Qantas jet that blew a panel and took a 20K fall

- Alan Ramsey in Sydney Morning Herald - after several cracking articles natural resource issues - on Murray Darling policy/market failure, climate change and other federal government dodginess - get's punished perhaps 26 July 08 with a half sized column after (arguably) botching the stats on carbon dioxide emissions in his opening paragraph 8 days back (or so the rival Strewth column in The Oz asserted.) Ouch. Hang in there Big Al. A long view is appreciated here at least.

- Peter Lloyd everywhere. Talk about let himself down, but he can make his way back to self respect. Time starts now champ got to get to the bottom to go up.

- Right wing opinion writers Devine, Bolt, Tim Blair, Duffy all in neurosis over global warming policy reality.

- Saturday press flattering of Sunday 9, just glad it’s not them maybe, real sadness here, though won’t miss 7.30am starts.

- Australian Story has ‘red rag’ Premier Anna Bligh with ALP in pre emptive mode but will it work? – almost unsellable package by the looks, banana party has formed as LNP too.

-Michelle Grattan has the best take on Costello in Sun Herald today – giving comfort to Nelson over Turnbull, to hang tough on global warming. But does Costello really believe it or just being opportunistic to keep Turnbull parked? Parking Turnbull I would say, ready to move at any time over the next several months to October book release.

- Our piece on WYD/Costa/’Jane’about a vulnerable colleague shoved into the Kiloh Centre psych ward for a week and out of the way  got some reaction (?) next day in the press with another ‘Jane’ turning up in The Oz, and police locking up an insane man who died of an ‘ulcer’. Maybe he really did.

- News Limited by name and nature – picture in due course of  Saturday Telegraph of picfac with Bishop Fisher but conviction of paedophile priest relegated to obscure position in same press edition. That’s what sponsorship conflict of interest does to news values. Compare Adam Spencer breaking a story mid week on abc 702. Bravo the latter, boo the former.

9 Sunday 7.30 – 9.30 am

Proud but beaten by profit psychosis of corporate capitalism natural enemy of good journalism.  Ellen looking strong – lighter Sunrise on 7 wins – as per cute underfed (!?) stand in on 9 for Usher, Allison Langdon, seen her in the pack before at Redfern - Carol Thomas memorial for her son TJ. Stalker survivor. Saturday press is flattering as it should for 27 year run.

Nice story for sound recordists on quiet place in national park.

Ross Greenwood – web technology research from Oz – strong story

Catchup on Obama US presidentials soft spoken Bruce Wolpe Fairfax – good Obama backer.

Main feature behind the razor wire on affect of children. Big and true story. Interesting choice of public interest for Sunday 9 machine on the way out. Bravo. Feature really drives the nail in to Howard/Ruddock policy of mandatory detention of children.

Virginnia Leong in story – met her once at Federal Court. Child Naomi has psychological troubles with growing and learning. Footage nails ex minister Ruddock on willful ignorance of expert reports. Dead bat doesn’t work for him. Basis of big comp deals here for Naomi etc need speech therapy.

Macdonalds crap advert in favour of Beijing Olympics sanitizing the brutal dictatorship there.

Laurie Oakes with ex journo federal MP Turnbull cracking question – what would he Kerry Packer have thought about show winding up? Very commercial guy due honour to appear 2^nd last show etc.

Onto ‘forensics’ – far too rushed on GW says MT, should wait for new US president, and Copenhagen UN conference (doesn’t ring true).

LO refers to fillerbustering – what is your policy? MT goes through the motions but says wait till 2012 waiting for a global agreement [Flaw is that never will be, has to be demonstrated, and forced with trade etc soft power.]

“John Howard wasn’t known for being too green, that’s for sure” suggests that the direction under Nelson etc. Costello heading the same way so no hope there for embrace of the age of transition.

MT talks up LNG [but govt has shifted on that already.] Says it will replace dirtier coal – but more likely just increase consumption, as unlimited demand.

Strong question re leadership implications of greenhouse policy? Turnbull looking isolated which is a pity.

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

10 Meet the Press:  8- 8-30 am

Lead in about Peter Costello in 2007. PB back in chair.

Tony Abbott – right spear carrier. Costello has backed anti greenhouse reform forces, underpins Nelson on leash. Abbott trying to hose down “idle speculation” thinks it’s good he is still there, good if he came back, his call.

Footage Rudd bipartisan call re climate change. Conservatives versus progressives – ie wedged?

TA counters on Govt dithering. Wrong on opposition can stall on their own policies – blatant spin.

Careful to stroke Rupert Murdoch as minimalist believer.

PB – 20 years since Rio even.

Merger up north – got their act together. Sigh of relief.

Panel is ACrabb Fairfax – looking GOOD. Tick tick tick, and I don’t mean the 60 Minutes clock either.  Topic is intervention issue in NT. At least 5 years. Great question on non racial welfare quarantine. TA stands very firm, roll it out rest of Australia.

Andrew Probyn of West Australian, sounds smart, got a UK lint to him. TA says stunt re constitutional change for Indigenous.

Back on to global warming – TA takes populist line – “devil’s own job in front of him”. AC has head tilt – she’s gorgeous! Kerry Obrien style question – ironic to support JH over PC now supporting PC.

[does turn on global warming and TA anti ecology attitudes, get over it Tony, Peter Woof uni politics was 30 years ago for God sake].

2^nd half re alco pops etc. Nick Xenophon, new senator, cross bench. Vigorous guy, media tart with some serious messages. Water for Murray and no pokies – 2 trick horse? Serious issues – true. Claims an intellectual dimension which is fair enough. AC – South Oz background – small state type. Mmm.

Look out AC – rear view camera angle, no worries, watch the slouch correction!

Riley Diary 7, 8.35 am

Riley Diary today – seems not. Looking after the kids on holidays probably. Great footage for lighter moment.

 Picture:  John Belushi? Paul Keating? A cool banana,or pineapple perhaps. A spiv escaped from the local used car yard? The dusty old press pile produced this gem last week from the federal election 2007 - so recent yet so long ago.

Insiders 2: 9- 10am

Milne in beat up story – part time electorate office worker, party worker, obviously policy adviser type person. Gallery version of ambulance chasing.

Merger in Qld. Panel is Kerry Anne Walsh, Toohey, Milne.

Footage of Rudd on greenhouse. Hunt as shadow environment – talented guy, but looking isolated and neutered as per all Coalition environment ministers. Worst job in Opposition, even more than the leader?

Talks up “clean air issues”. Rudd soft on India and China, sounds good. Messed up clean sector, lng, cng and solar. Again talks a good game. Like Mal Turnbull on 9 refers to showdown meeting this week.

BC tests him out on Nelson policy shifts – Hunt talks a good game, should work for anyone else really – climate institute?

Bangs on, talks a smooth game, looks under pressure as he takes free kick against Defence Minister ramping the rhetoric reeling Iemma into dodgy NSW sinecurocracy. Guffaws from panel breaks the silence.

……………………………………..

Segue to everyperson segement. Small business folks. Talk about India and China be pressured. [Got it wrong though] Conservatives. Turnbull preferred as leader.

Chat about Hunt interview – want to be out while China and India stay out.

Great archival footage of Fraser slogan - not waiting for the world which flopped apparently. BC notes many in Coalition thinking better to wait in fact. [The problem for them is the developed world as in Europe is not waiting for us - The global insurance industry like Swiss Re and Munich Re will foreclose on our economy, withdraw insurance cover for lack of valid GHG policies and make the HIH collapse look like a legal picnic.]

[So the truth finally arises after 12 long years of Howard that Coalition were always ‘out’ as economic satellite of export market clients in Asia, and follow that music. Everything till then was a ruse and a sabotage inside the Kyoto tent.

So now we at least have Coalition honesty about party of skeptics. That’s true and that’s the rump on that side of the wedge for them. It’s an ALP and Green Party future for Australia and big business should jump in that direction now.]

Kelly soliloquy – Nelson is browner than Howard, frontal assault on Rudd strategy. [true – taking the xenophobic line]. Notes moderates have heartburn. Logic in political strategy but high risk, banking on new narrative about cost of living, significant opening voters blue collar workers, resource states, RARA land won’t buy. Great risk is Rudd will say party of skeptics, ALP in middle ground, try and deal with problem in economically responsible way.

Toohey refers to California and popular big Arnie  [true but Australia more generally not like Californication populace].

Cost of electricity will still fall as share of household income. Chat about politics of populism coming back on Rudd re cost of living. Senate could save Rudd by rejecting the ETS.

Grab from MTP with TA – quite wrong to have policy before govt. Fair enough says panel – WRONG – Opposition can decide their own policy timing if they have real credibility. Wait and see is rubbish.

Strong comment by Toohey – Brit company wanted to mine coal seam gas with ETS of ALP. Swan footage against endless corporate welfare.  Milne agrees this is Bob Brown point too.

Analysis of Costello leadership prospects.

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

Posted by editor at 12:28 PM NZT

Updated: Monday, 28 July 2008 9:39 PM NZT

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Mood:  chatty

The full text of the pro bono submissions document filed and served yesterday 25 July 2008 (in preparation for the callover on Tuesday morning 29th July 2008 at the Land & Environment Court of NSW) can be found here:

25 July 2008  Outline of submissions on Coca Cola legal appeal to delete 66ML/YR Trial at Peats Ridge

Previous postings on this topic can be found here:

• Friday, 25 July 2008

  Open letter of complaint to ACCC about Coca Cola Amatil deception on 'spring water' at Peats Ridge
  Mood:  sharp
  Topic: legal
• Friday, 18 July 2008

  Coca Cola water bottling case: Letter to expert evidence "gatekeepers" re science of Sydney sandstone
  Mood:  a-ok
  Topic: legal
• Friday 18 July 2008 -  Is this how Coca Cola pick and choose their expert evidence to destroy Peats Ridge Springs?
  Mood:  blue
  Topic: legal
• Tuesday, 15 July 2008

  Coca Cola Water Bottling Case: Mystery Green Folder found with critical evidence for court expert Lane
  Mood:  a-ok
  Topic: legal
• Saturday, 5 July 2008

  Coca Cola water bottling Case, Peats Ridge Springs: Objector gets a chance to be heard
  Mood:  chatty
  Topic: legal
• Friday, 4 July 2008

  Coca Cola water bottling at Peats Ridge Springs Case: Decision today in Land Env Court on party joinder
  Mood:  chatty
  Topic: legal
• 4 July 2008 - Coca Cola Amatil caught out breaching bulk export condition in trial at Peats Ridge Springs?
  Mood:  sharp
• Friday, 27 June 2008

  Coca Cola water bottling case: Draft short order of minutes for court consideration today
  Mood:  chatty
  Topic: legal
• Friday, 27 June 2008

  Coca Cola water bottling case: Community Objector submissions to Justice Pain today 3 pm
  Mood:  chatty
  Topic: legal
• Tuesday 24 June 2008 - Does Coca Cola bottled water at Peats Ridge have a chook poo contamination problem in the future?
  Mood:  not sure
  Topic: health

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

• Friday, 13 June 2008

  Environmental agitator seeks to join legal action against Coca Cola at Peats Ridge Springs, NSW
  Mood:  a-ok
  Topic: nsw govt

• 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 7:45 PM NZT

Updated: Saturday, 26 July 2008 8:38 PM NZT

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Mood:  sharp

Dear ACCC Complaints officer

We write as agent for an intervenor Neville Diamond in the Land & Environment Court proceedings 10429 of 2005, current in 2008 called David Kettle Consulting [agent for Coca Cola Amatil] v Gosford City Council. Diamond was made an official Intervenor in judgement by Justice Nicola Pain on 4th July 2008, which is less than a full party, more than a bystander, actually limited participant in proceedings.

Our concern is that our legal and media research over the last several months has indicated the CCA subsidiary Peats Ridge Springs Pty Ltd which is its business signage, and trading name, and common name of its business location on Mangrove Mountain near Gosford, and has been at least for some years in advertising on their bottled water product, is NOT spring water. If we are right then this is a breach of section 52 of the Trade Practices Act and equivalent NSW fair trading legislation.

That is to say the company in court documents fully concede the water is pumped from multiple bores to source what used to be a spring fed creek up until the early 1990ies but which till then permanent waterway has been wrecked by over consumption.

The Australian Macquarie Dictionary Third Edition, defines a spring in this context as

"34. an issue of water from the earth, flowing away as a small stream or standing as a pool or small lake, or the place of such an issue: mineral springs"

The local food growing farmers and horticulturalists quite reasonably accuse the CCA/PRS of producing "bore water" as per minutes of a public meeting in 2006 not spring water as a result. In 2006 CCA was successful in litigation in getting permission to lower the local water table 5 metres deeper into the ground (in the drilling jargon from 10m to 15m from case collar). Their bore apparently reaches 70 metres into Peats Ridge/Mangrove Mountain.

The locals now describe the once permanent creek, once permanent groundwater dependent flora and wildlife "as a bare paddock".

Interestingly CCA on print out of their website earlier this year refer only to "Peats Ridge Water" as their product line. Refer http://www.ccamatil.com.au/australianProducts.asp

But they maintain on another webpage "Peats Ridge Springs, Peats Ridge (water bottling only)". This suggests to us the corporation is alive to the misdescription of product issue but continue to play in the grey legal area while they can, having destroyed the un named watercourse on their site. Refer http://www.ccamatil.com.au/bottledwater.asp

Could you please advise what documentary or other evidence you need to progress an official investigation into our complaint on tel. ...... or 0410 55883 ......

Please also see this weblink for images of misnamed "Peats Ridge Springs" water product/business get up etc.

http://www.sydneyalternativemedia.com/blog/index.blog/1829489/open-letter-of-complaint-to-accc-about-coca-cola-amatil-deception-on-spring-water-at-peats-ridge/

Yours truly

Tom McLoughlin, agent for intervenor Diamond.

Posted by editor at 7:52 AM NZT

Updated: Friday, 25 July 2008 2:06 PM NZT

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